HomeMy WebLinkAboutT-5030 - Agreement/Covenant - 8/15/2006 (2) i.
CONFORMED li/es/2001,20010164556
COPY (Zerw x)�:
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F1i",1;-'J %'A ?3711-HCA
APN: 311-031-27 CITY of FRESNO
Tract No. 5030 Development Department
Phase IV of Vesting Tentative Map of Tract N0.4381 Building & Safety Services Division
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, CAPISTRANO FRESNO PARTNERS, LLC, a California Limited
Liability Company, 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 45, inclusive, of Tract No. 5030, in the City of Fresno,
Co ty of Fresno Sate of California, accordin to the map thereof recorded
A on r , 2001 in Volume of Plats at Pages ,
F s Coun Records.
re ty
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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 2
instrument and all such instruments of Subordination, if any, are attached hereto and made
a part of this instrument; and
C. WHEREAS, the conditions of approval of Vesting Tentative Tract No. 4381
(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.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 3
NOW, THEREFORE, the Covenantor hereby covenants as follows:
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 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 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
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 such Fee must be paid. The remaining unpaid
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 4
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 Development Director, a request for "temporary utility
connection" or a "temporary or safe to occupy" may be made subject to the provision of an
z 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 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.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 5
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.
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.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 6
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.
DATED: 14o&y,-
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
CAPISTRANO FRESNO PARTNERS,
LLC, A California Limited Liability
By: Company
Yovino, Director of
Vart;ment
ng&Development By: Covington Family Partnership,
a California General Partnership,
Member
APPROVED AS TO FORM:
B :
HILDA CANTO MONTOY . Mitch Covington,
CityAttorne Managing Gener Partner
By:
z6w
Deputy
(Covenantor: Attach Notary
Acknowledgments)
CITY CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On Navember 1 , 2001 before me, Elvia Sommerville, Deputy City Clerk,
personally appeared Nick P. Yovino, Director of Planning & 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
By:
a
v_ o
DEPUTY
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: R-1/UGM
I. WATER CONNECTION CHARGES
A. Service Connections (flat rate cost basis only)
_ inch Services @ $_/Service = $ N/A
B. Meters (flat rate cost basis only)
45 - 1 inch Meters @ $ 320.00/Meter = $ 14,400.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area; B
6.7878 Net Acres @ $ 700 /NA = $ 3,801.17
Less TGM Credit = $ 0.00
Estimated Net Deferred UGM TGM Charge = $ 3,801.17
D. Transmission Grid Main Bond Debt Service Charge
For Parcels Under 5 Gross Acres
6.7878 Net Acres @ $304.00 /ac. = $ 1,649.44
Less TGM Bond Debt Service Credit = $ 0.00
Estimated Net Deferred TGM Bond Debt Service Charge = $
Y
** Subject to vesting tentative map date, fee may not be applicable until
2-years after date of Final Map recordation;when applicable, fee is due at
Building Permit for all un-developed lots at the fee rate then in effect.
E. Frontage Fee
0 Lineal Feet @ $ 6.50 /LF = $ 0.00
Estimated Deferred Frontage Fee = $ N/A
F. 1994 Bond Debt Service Fee
301 1994 Bond Debt Service Area.
45 Units @ $60.00/ Unit = $ 2,700.00
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
r
II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES*
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: 39
0 Square Feet @ $0.05 /Sq.Ft = $ 0.00
Less Oversize Credit = $ 0.00
Estimated Net Deferred UGM Oversize Charge = $ N/A
B. Lateral Sewer Charge
0 Square Feet @ $ 0.10 /Sq.Ft =$ N/A
C. Housebranch Sewer Charge = $ N/A
D. Millbrook Sewer Overlay
Net Adj Gross Ac @ $ NAA = $ N/A
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: 16
6.7878 Gross Acres @ $ 1,242.00 GA = $ 8,430.45
B. UGM Neighborhood Park Fee
Service Area: 4
6.7878 Gross Acres @ $ 1,230.00 GA = $ 8,348.99
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: E-4
6.7878 Net Adj Acres @ $ 2.435.00/NAA = $ 16,528.29
E. UGM Major Street Bridge Charge
Service Area: E-4
6.7878 Net Adj Acres @ $ 135.00/NAA = $ 916.35
F. UGM Traffic Signal Charge
6.7878 Net Adjusted Acres @ $ 860 /NAA = $ 5,837.51
G. UGM Grade Separation Charge
Service Area: E-4-A
6.7878 Net Adjusted Acres @ $ 345.00/NAA = $ 2,341.79
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:
r 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\covt5030 September 11,2001
EXHIBIT"6" -- PRORATED FEE 06LIGATION5
T-5030 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Fire Neighborhood Major
Lot Lot Meter TGM Bond Debt Station Park Street
No. Area Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due
1 5209 320.00 86.97 $60.00 192.88 191.02 $378.16
2 4669 $320.00 $77.95 $60.00 $172.89 $171.22 $338.95
3 4669 $320.00 $77.95 $60.00 $172.89 $171.22 $338.95
4 4669 $320.00 $77.95 $60.00 $172.89 $171.22 $338.95
5 4669 $320.00 $77.95 $60.00 $172.89 $171.22 $338.95
6 4669 $320.00 $77.95 $60.00 $172.89 $171.22 $338.95
7 4669 $320.00 $77.95 $60.00 $172.89 $171.22 $338.95
8 4669 $320.00 $77.95 $60.00 $172.89 $171.22 $338.95
9 4669 $320.00 $77.95 $60.00 $172.89 $171.22 $338.95
10 4669 $320.00 $77.95 $60.00 $172.89 $171.22 $338.95
11 4669 $320.00 $77.95 $60.00 $172.89 $171.22 $338.95
12 4669 $320.00 $77.95 $60.00 $172.89 $171.22 $338.95
13 j 4669 $320.00 $77.95 $60.00 $172.89 $171.22 $338.95
14 4669 $320.00 $77.95 $60.00 $172.89 $171.22 $338.95
15 4669 $320.00 $77.95 $60.00 $172.89 $171.22 $338.95
16 5276 $320.00 $88.09 $60.00 $195.37 $193.48 $383.03
17 6022 $320.00 $100.58 $60.00 $223.06 $220.91 $437.33
18 4701 $320.00 $78.51 $60.00 $174.13 $172.45 $341.39
19 4699 $320.00 $78.46 $60.00 $174.00 $172.32 $341.14
20 5124 $320.00 $85.57 $60.00 $189.78 $187.94 $372.07
21 7426 $320.00 $124.04 $60.00 $275.10 $272.45 $539.35
22 9275 $320.00 $154.90 $60.00 $343.54 $340.22 $673.52
23 5646 $320.00 $94.30 $60.00 $209.15 $207.13 $410.05
24 4643 $320.00 $77.56 $60.00 $172.02 $170.36 $337.25
25 4720 $320.00 $78.85 $60.00 $174.87 $173.18 $342.85
26 4720 $320.00 $78.85 $60.00 $174.87 $173.18 $342.85
27 4720 $320.00 $78.85 $60.00 $174.87 $173.18 $342.85
28 4720 $320.00 $78.85 $60.00 $174.87 $173.18 $342.85
29 4720 $320.00 $78.85 $60.00 $174.87 $173.18 $342.85
30 4720 $320.00 $78.85 $60.00 $174.87 $173.18 $342.85
31 J720 $320.00 $78.85 $60.00 $174.87 $173.18 $342.85
32 4720 $320.00 $78.85 $60.00 $174.87 $173.18 $342.85
33 4720 $320.00 $78.85 $60.00 $174.87 $173.18 $342.85
34 4720 $320.00 $78.85 $60.00 $174.87 $173.18 $342.85
35 4720 $320.00 $78.85 $60.00 $174.87 $173.18 $342.85
36 4720 $320.00 $78.85 $60.00 $174.87 $173.18 $342.85
37 4720 $320.00 $78.85 $60.00 $174.87 $173.18 $342.85
38 4720 $320.00 $78.85 $60.00 $174.87 $173.18 $342.85
document:\q\print\p503011-5ep-01
EXH1131T"6"-- PRORATED FEE 06LIGATION5
Major Traffic Grade
Lot Bridge Signal 5eperation
No. Amount Amount Amount
Due Due Due
1 $20.97 $133.56 53.58
2 $18.79 $119.71 $48.02
3 $18.79 $119.71 $48.02
4 $18.79 $119.71 $48.02
5 $18.79 $119.71 $48.02
6 $18.79 $119.71 $48.02
7 $18.79 $119.71 $48.02
8 $18.79 $119.71 $48.02
9 $18.79 $119.71 $48.02
10 $18.79 $119.71 $48.02
11 $18.79 $119.71 $48.02
12 $18.79 $119.71 $48.02
13 $18.79 $119.71 $48.02
14 $18.79 $119.71 $48.02
15 $18.79 $119.71 $48.02
16 $21.24 $135.28 $54.27
17 $24.25 $154.46 $61.96
18 $18.93 $120.57 $48.37
19 $18.91 $120.49 $48.33
20 $20.63 $131.41 $52.72
21 $29.90 $190.49 $76.42
22 $37.34 $237.88 $95.43
23 $22.73 $144.82 $58.10
24 $18.70 $119.11 $47.78
25 $19.01 $121.09 $48.58
26 $19.01 $121.09 $48.58
27 $19.01 $121.09 $48.58
28 $19.01 $121.09 $48.58
29 $19.01 $121.09 $48.58
30 $19.01 $121.09 $48.58
31 19.01 1 $121.09 $48.58
32 $19.01 $121.09 $48.58
33 $19.01 $121.09 $48.58
34 $19.01 $121.09 $48.58
35 $19.01 $121.09 $48.58
36 $19.01 $121.09 $48.58
37 $19.01 $121.09 $48.58
38 $19.01 $121.09 $48.58
document:\q\print\p503011-5ep-01
EXHIDIT"B"-- PRORATED FEE OBLIGATIONS
T-5030 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Fire Neighborhood Major
Lot Lot Meter TGM Bond Debt Station Park Street
No. Area Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due
39 4720 $320.00 $78.85 $60.00 $174.87 $173.18 $342.85
40 7.550 $320.00 $131.10 $60.00 $290.75 $287.94 $570.03
41 6352 $320.00 $106.06 $60.00 $235.23 $232.96 $461.19
42 5510 $320.00 $92.01 $60.00 $204.06 $202.09 $400.07
43 4.568 $320.00 $76.27 $60.00 $169.16 $167.53 $331.65
44 4567 $320.00 $76.27 $60.00 $169.16 $167.53 $331.65
45 4668 $320.00 $76.27 $60.00 $169.16 $167.53 $331.65
document:\q\print\p503011-5ep-01
EXHIBIT"B" -- PRORATED FEE OBLIGATIONS
Major Traffic Grade
Lot Bridgc 5ignal 5cperation
No. Amount Amount Amount
Due Due Due
39 $19.01 $121.09 $48.58
40 $31.60 $201.33 $80.76
41 $25.57 $162.88 $65.34
42 $22.18 $141.30 $56.68
43 $18.39 $117.13 $46.99
44 $18.39 $117.13 $46.99
45 $18.39 $117.13 $46.99
document:\q\print\p503011-5ep-01
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of !/LC-ax
On 10- 9,_01 , before me, 4e 11worA 1r ,
Date Name and Title of Officer(-e/g., Jane Doe,Notary Public")
personally appeared /'(. _— 4 Z1A,1'C'A l✓ ,
Name(s)of Signer
personally known to me
❑ 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
DWME MMKLAND L the same in his/her/their authorized
INOTARY�p � W capacity(ies), and that by his/her/their
m
coOFRCE w signature(s) on the instrument the person(s), or
WOo f jibe it an the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNE S my hand an=oi seal.
AW
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual .
Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-600-676-6627