HomeMy WebLinkAboutT-5014 - Agreement/Covenant - 8/15/2006 (2) Recording Requested by:
City of Fresno /
No Fee-Govt.. Code Sections
6103 and 27383 0710312002,20020110357
When Recorded, Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3623
#18Q;�/h 5';p/n►CE F0 RECORDER'SUSE';ON .Y
_ ............
APN: 502-020-36s Planning and Development Department
Project ID: Final Tract No. 5014 Building & Safety Services Division
of Vesting T. Tr. 5014 CITY of FRESNO
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
DEFERRING CERTAIN SEWER CONNECTION CHARGES, WATER
CONNECTION CHARGES, URBAN GROWTH MANAGEMENT FEES AND
DEVELOPMENT FEES TO THE TIME OF ISSUANCE OF CERTIFICATE OF
OCCUPANCY AND CREATION OF LIEN
RECITALS
A. WHEREAS, SELF-HELP ENTERPRISES, a California Non-Profit Public Benefit
Corporation, hereinafter referred to as the "Covenantor," is the owner of that certain
real property in the City of Fresno, County of Fresno, State of California, hereafter
referred to as the "Subject Property" and more particularly described as follows and by
this reference made part of this Statement of Covenants:
Lots 1 through 21, inclusive, of Final Tract Map No. 5014, in the City of Fresno,
County of Fresno, State of California, according to the map thereof recorded on
q - 9 , 200 Z in Volume .[ , of Plats at
Pages 1 , Fresno County Records.; and
B. WHEREAS, Covenantor hereby warrants that any and all parties having record
title interest in the Subject Property, which may ripen into a fee, have subordinated to
this instrument and all such instruments of Subordination, if any, are attached hereto
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 5014/UGM
Page 2
and made a part of this instrument; and
C. WHEREAS, the conditions of approval of Vesting Tentative Tract No. 5014
(hereafter, "Project"), require the payment of applicable sewer connection charges,
water connection charges, Urban Growth Management fees and/or the Millbrook
Overlay Sewer fee (hereafter, "Fees") in accordance with the provisions of Chapters 9,
11, 12 and 14 of the Fresno Municipal Code, Resolution No. 95-117 and Resolution
No. 95-118 (hereafter, "Ordinances and Resolutions"); and
D. WHEREAS, said Ordinances and Resolutions provide the Covenantor the option
to defer certain Fee obligations, more particularly identified in the attached Exhibit'A",
to the time of issuance of a Certificate of Occupancy pursuant to the requirements of
Section 12-4.604 of the Fresno Municipal Code; and
E. WHEREAS, the Covenantor, as a condition of issuance of building permit(s) for
the Project pursuant to the provisions of the latest edition of the Uniform Building Code
as adopted by the State of California and as amended by the City of Fresno, including
any subsequent extension and expiration of such permit and the re-issuance of a new
building permit for any expired permit on any lot or parcel of the Subject Property,
desires to defer the payment of the Fee obligations identified in Exhibit "A" pursuant to
the requirements of said Section 12-4.604 until such time that the Covenantor or
successors and assigns requests the issuance of a Certificate of Occupancy.
NOW, THEREFORE, the Covenantor hereby covenants as follows:
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 5014/UGM
Page 3
COVENANTS, CONDITIONS, AND RESTRICTIONS
1. For the express purpose of administering the fee deferral process, the Fee
obligations for the Project may be prorated by the City to each lot, parcel, unit or
building on the Subject Property in the manner established by the Planning and
Development Director. The intent of this provision is to prorate the Fee obligations of
common use areas, outlots, public street easements and similar miscellaneous areas of
the Project in a reasonable manner to each lot, parcel, unit or building of the Project to
facilitate reasonable administration of the fee deferral process.
2. At the sole discretion of the Planning and Development Director, when the
proration of a Fee obligation is not feasible to be administered on a lot, parcel, unit or
building basis, the Covenantor may be required to pay the total Fee obligation for such
fee for the Project with the first request for issuance of a certificate of occupancy for the
Project.
3. The Covenantor may elect to pay any of the deferred Fees prorated to each lot,
parcel, unit or building as identified on the attached Exhibit "B", at any time after the
recordation of this instrument. The Fee obligations stated in said Exhibit "B" shall be
maintained by the Planning and Development Director and shall be adjusted to reflect
the Fee rates in effect at the time payment is made, and may be adjusted to account for
any subsequently approved reconfiguration to the size or number of lots, parcels, units
or buildings. When Covenantor elects to pay one or more of the deferred Fees in
advance of the request for issuance of a Certificate of Occupancy, the full amount of
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 5014/UGM
Page 4
such Fee must be paid. The remaining unpaid deferred Fees for that lot, parcel, unit or
building shall be paid in full at the time the Covenantor or successors and assigns
requests the issuance of a Certificate of Occupancy.
4. The actual Fee obligations shall be recalculated by the City at the time of
payment at the fee rates in effect at the time of such payment. For the purpose of fee
recalculations, the fee credits applied in Exhibit "A" to establish Fee obligations shall
not be adjusted during the effective term of this Statement. Any additional credits
established after the recordation of this instrument shall be reimbursed in the manner
established by the section of the Fresno Municipal Code relating to that specific Fee.
5. Additional new fee obligations not listed on Exhibit "A", but in effect at the time
the Covenantor or successors and assigns requests the issuance of a Certificate of
Occupancy, will be applicable to this Project if such new fee(s) is/are duly established
by the City Council in accordance with Government Code Section 66498.1.
6. At the sole discretion of the Planning and Development Director, a request for
"temporary utility connection" or a "temporary or safe to occupy" may be made subject
to the provision of an additional cash security deposit representing a portion or all of
the deferred Fee amounts.
7. Notwithstanding any of the above payment times, the maximum period for
deferment of Fees for a lot, parcel, unit or building shall be limited to a period of one (1)
year after final inspection of a building. This time period approximates with the Uniform
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 5014/UGM
Page 5
Building Code and Fresno Municipal Code period which provides for an active permit
life of 180 days, after last inspection, with provisions for one (1) extension of said
permit, not to exceed a period of 180 days.
8. Covenantor hereby waives any claim that the provisions of this covenant violate
Government Code Section 65961.
9. Each of the covenants, conditions, and restrictions contained in this Statement
shall run with the Subject Property and shall be binding upon each successive owner of
the Subject Property, heirs, representatives, successors and assignees. The
Covenantor hereby creates a lien upon the Subject Property to guarantee the
performance of the obligations of the Covenantor contained in this Statement.
10. The conditions of this Statement are intended to benefit the public and public
properties. Accordingly, the City of Fresno shall have the right to enforce this
Statement by any legal or equitable means. All obligations of the Covenantor in this
Statement shall inure solely to the benefit of the City of Fresno. There are no third
party beneficiaries of said obligations nor shall the right of the City of Fresno be
transferable in any manner to any person other than to a successor municipal
corporation whose geographic boundaries include the Subject Property.
11. In the event that litigation is instituted to enforce the processing of this covenant,
the parties agree that the prevailing party shall be paid reasonable attorney's fees.
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 5014/UGM
Page 6
12. The conditions and obligations of this Statement, for each lot or parcel of the
Subject Property, shall be of no further force and effect upon satisfaction of the Fee
obligations for such lot or parcel.
13. The conditions and obligations of this Statement shall remain in full force and
effect until such time as the Fee obligations for all lots, parcels, units or buildings of the
Project on the Subject Property are fully satisfied.
14. The provisions of this Statement shall be deemed independent and severable
and the invalidity or partial invalidity or unenforceability of any one provision or portion
thereof shall not affect the validity or enforceability, of any one provisions hereof.
Whenever the context of the Statement so requires, in interpreting this Statement, any
gender includes the other genders, the singular includes the plural, and the plural
includes the singular.
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 5014/UGM
Page 7
DATED: 4-. 24;ePZ
CITY OF FRESNO, COVENANTOR
a Municipal Corporation SELF-HELP ENTERPRISES
a California Non-Profit Public Benefit
Corporation
AIAM4—
By:
Ni P Yovino, Director
Planni g and Development
Depa ent
Thomas J. lishaw,
Assistant Se etary
APPROVED AS TO FORM:
HILDA CA U MON OY
City Attor y
By:
Deputy Carol A. Glass,
Assistant Secretary
(Covenantor: Attach Notary Acknowledge
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ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF TULARE SS
On April 3, 2002, before me, Nancy Goertzen, Notary Public, personally appeared
Thomas J. Collishaw and Carol A. Glass, proved to me on the basis of satisfactory
evidence to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities, and that
by their signatures on the instrument the persons, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and off, ial seal. NANCY GOERTZEN
V" COMM. #1292781
NOTARY PLO IC-CAI FORM
TULARE COUNTY
Idy Caron.B*u Larch 1,2005
Nancy/ib '
ancy oertzen, otary(Public
FOR NOTARY STAMP OR SEAL
CITY CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO }
On 7 , 2002 before me, Elvia Sommerville, Deputy City Clerk,
personally appeared Nick P. Yovino, Director Planning and Development Department,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument(s), the person(s) on behalf of the CITY OF
FRESNO of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
o c3
By. ��c12Gc
DEPUTY
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: R-1/UGM
1. WATER CONNECTION CHARGES
A. Service Connections (flat rate cost basis only)
inch Services @ $_/Service = $ N/A
B. Meters (flat rate cost basis only)
20 -1_0 inch Meters @ $320/Meter = $ 6,400.00
1 -1_5 inch Meters @ $470/Meter = $ 470.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: D
4.4367 Net Acres @ $ 700/NA = $ 3,105.69
Less TGM Credit = $ 0.00
Estimated Net Deferred UGM TGM Charge = $ 3.105.69
D. Transmission Grid Main Bond Debt Service Charge
For Parcels Under 5 Gross Acres
4.4367 Net Acres @ $304.00/ac. _ $ 1,348.76
Less TGM Bond Debt Service Credit
Estimated Net Deferred TGM Bond Debt Service Charge = $ 1,348.76
E. Frontage Fee
292 Lineal Feet @ $ 3.25/LF = $_249.00
Estimated Deferred Frontage Fee = $ 949.00
F. 1994 Bond Debt Service Fee
501 1994 Bond Debt Service Area.
21 Units @ $244/ Unit = $ 5.124.00
G. The following water connection charges are not deferrable or prorated
under the terms of this covenant:
1. Service Connections for common, landscape and other miscellaneous
areas, and Time & Materials cost basis
2. Meters for common, landscape and other miscellaneous areas, and Time
& Materials cost basis
3. Fire Hydrant Charge
4. UGM Water Supply Fee
5. Wellhead Treatment Fee
6. Recharge Fee
II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES*
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: 32
29,200 Square Feet @ $0.05/ Sq. Ft. _ $ 1.460.00
Less Oversize Credit = $ 0.00
Estimated Net Deferred UGM Oversize Charge = $ 1.460.00
B. Lateral Sewer Charge
29,200 Square Feet @ $0.10 /Sq. Ft. _ $ 2.920.00
C. Housebranch Sewer Charge = $ N/A
D. Millbrook Sewer Overlay
_ Net Adj Gross Ac @ $ /NAA =
Units @ $ /Unit = $ N/A
E. The following sewer connection charges are not deferrable under the terms
of this covenant:
1. Trunk Sewer Charge
2. Wastewater Facilities Sewer Charge
III. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 15
4.4367 Gross Acres @ $ 605 GA = $ 2,684.20
B. UGM Neighborhood Park Fee
Service Area: 2
4.4367 Gross Acres @ $ 1.650/GA = $ 7.320.56
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: D-1/E-2
4.4367 Net Adj Acres @ $ 2,180 NAA = $ 9,672.01
Less UGM Major Street Construction Credit = $ 6,040.00
Estimated Net Deferred UGM Major Street Charge = $ 3,632.01
E. UGM Major Street Bridge Charge
Service Area: D-1/E-2
4.4367 Net Adj Acres @ $210/NAA = $ 931.71
F. UGM Traffic Signal Charge
4.4367 Net Adjusted Acres @ $ 860/NAA = $ 3,815.56
G. UGM Grade Separation Charge
Service Area:
Net Adjusted Acres @ $_/NAA = $ N/A
H. UGM At-Grade Railroad Crossing Charge
Service Area:
Net Adjusted Acres @ $_/NAA = $ N/A
I. The following charges are not deferrable under the terms of this covenant:
1. UGM Major Street rights of way acquisition and construction
2. UGM Local Street rights of way acquisition and construction
3. UGM Major Street Bridge rights of way acquisition and construction
document:\wp51\deferralN5014exhlbUA April 11,2002
EXHIBIT "B" - PRORATED FEE OBLIGATIONS
T-5014 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Water 1994 Sewer Sewer
Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Lateral Oversize
No. Area Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due
1 7721 $320.00 $49.21 $161.00 $69.92 $244.00 $151.40 $75.70
2 6037 $320.00 $38.47 $125.93 $54.69 $244.00 $118.38 $59.19
3 6058 $320.00 $38.61 $126.35 $54.87 $244.00 $118.79 $59.40
4 6070 $320.00 $38.68 $126.63 $54.99 $244.00 $119.03 $59.51
5 6076 $320.00 $38.72 $126.70 $55.02 $244.00 $119.15 $59.57
6 6075 $320.00 $38.72 $126.70 , $55.02 $244.00 $119.13 $59.56
7 6075 $320.00 $38.72 $126.70 $55.02 $244.00 $119.13 $59.56
8 6058 $320.00 $38.61 $126.35 $54.87 $244.00 $118.79 $59.40
9 7497 $320.00 $47.78 $156.38 $67.91 $244.00 $147.01 $73.50
10 1 12538 $470.00 $79.90 $261.52 $113.57 $244.00 $245.86 $122.93
11 10336 $320.00 $65.87 $215.60 $93.63 $244.00 $202.68 $101.34
12 11409 $320.00 $72.71 $237.93 $103.33 $244.00 $223.72 $111.86
13 7275 $320.00 $46.36 $151.76 $65.91 $244.00 $142.66 $71.33
14 6011 $320.00 $38.31 $125.37 $54.45 $244.00 $117.87 $58.94
15 6066 $320.00 $38.66 $126.49 $54.93 $244.00 $118.95 $59.47
16 6059 $320.00 $38.61 $126.35 $54.87 $244.00 $118.81 $59.41
17 6053 $320.00 $38.58 $126.21 $54.81 $244.00 $118.69 $59.35
18 6028 $320.00 $38.42 $125.72 $54.60 $244.00 $118.20 $59.10
19 6007 $320.00 $38.28 $125.30 $54.42 $244.00 $117.79 $58.90
20 6001 $320.00 $38.24 $125.16 $54.36 $244.00 $117.67 $58.84
21 7460 $320.00 $47.54 $155.61 $67.58 $244.00 $146.28 $73.14
document: \q\print\p5014 13-May-02
• EXHIBIT "B" - PRORATED FEE OBLIGATIONS
Fire Neighborhood Major Major Traffic
Lot Station Park Street Bridge Signal
No. Amount Amount Amount Amount Amount
Due Due Due Due Due
1 $139.15 $379.50 $188.23 $48.30 $197.80
2 $108.84 $296.84 $147.31 $37.78 $154.71
3 $109.20 $297.83 $147.77 $37.91 $155.23
4 $109.44 $298.49 $148.15 $37.99 $155.57
5 $109.51 $298.65 $148.13 $38.01 $155.66
6 $109.51 $298.65 $148.17 $38.01 $155.66
7 $109.51 $298.65 $148.17 $38.01 $155.66
8 $109.20 $297.83 $147.77 $37.91 $155.23
9 $135.16 $368.61 $182.92 $46.91 $192.12
10 $226.03 $616.44 $305.89 $78.46 $321.30
11 $186.34 $508.20 $252.20 $64.68 $264.88
12 $205.64 $560.84 $278.22 $71.38 $292.31
13 $131.16 $357.72 $177.54 $45.53 $186.45
14 $108.36 $295.52 $146.62 $37.61 $154.03
15 $109.32 $298.16 $147.88 $37.95 $155.40
16 $109.20 $297.83 $147.73 $37.91 $155.23
17 $109.08 $297.50 $147.54 $37.86 $155.06
18 1 $108.66 $296.34 $147.02 $37.72 $154.46
19 $108.30 $295.35 $146.57 $37.59 $153.94
20 $108.17 $295.02 $146.37 $37.55 $153.77
21 $134.49 1 $366.80 $182.03 $46.68 $191.18
document: \q\print\p50l4 13-May-02