HomeMy WebLinkAboutT-5086 - Agreement/Covenant - 8/14/2006 (2) Recording Requested by:
City of Fresno
No Fee-Govt.. Code Sections
6103 and 27383
When Recorded, Mail To:
02111/2003,20030034346E >_ City Clerk
� Q- City of Fresno
C:) CD
2600 Fresno Street
Fresno, CA 93721-3623
C:)
APN: 502-020-36s Planning and Development
Department
Project ID: Final Tract No. 5086 Building & Safety Services Division
Phase 11 of T. Tr. 4723 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, McCaffrey Development, L.P., a California Limited Partnership,
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 42, inclusive, of Final Tract Map No. 5086, in the City of Fresno, County
of Fresno, State of California, according to the map thereof recorded
on 2003 in Volume (P7 of Plats
at Pages 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 and made a
part of this instrument; and
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Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 5086
Page 2
C. WHEREAS, the conditions of approval of Vesting Tentative Tract No. 4723 (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:
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
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 5086
Page 3
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 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.
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 5086
Page 4
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 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
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 5086
Page 5
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.
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. 5086
Page 6
DATED: O, 1
CIN OF FRESNO, COVENANTOR
a Municipal Corporation McCAFFREY DEVELOPMENT, L.P.
a California Limited Partnership
By: McCaffrey Construction, Inc
a California Corporation
By: General Partner
kkyovino, Director
Plall
ng and Development Department
By: �
Obert A. McCaf y
APPROVED AS TO FORM: President
HILDA CANT• ON Y
City Attome
By:
Dep y B
David Ciabattari
Chief Operating Officer
(Covenantor: Attach Notary
Acknowledgments)
STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On January 17, 2003, before me, the undersigned, a Notary Public for the
State of California, personally appeared, Robert A. McCaffrey and David
Ciabattari , 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 capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s) or the entity(ies) on behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public
L.S. My Commissi n Expires: November 23, 2005
R.LAMER
Commission 8 1331771
i Notary Public—California
Fresno County
My Comm.Expires Nov 23,2005
CITY CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On 2003 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
a
By: �
DEPUTY
Final Map Tract No. 5086
PW No. 10462
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: R-1-C/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)
21 - 1 inch Meters @ $ 320.00/Meter = $ 6,720.00
21 - 1.5 inch Meters @ $470.00/Meter = $ 9,870.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
16.2710 Gross Acres @ $ 560/GA = $ 9.111.76
Less TGM Credit (A.D. #131) _ $ 9.111.76
Estimated Net Deferred UGM TGM Charge = $ Paid w/credits
D. Transmission Grid Main Bond Debt Service Charge
For Parcels 5 Gross Acres and Above
16.2710 Gross Acres @ $243.00 /ac. _ $ 3.953.85
Less TGM Bond Debt Service Credit = $ 0.00
Estimated Net Deferred TGM Bond Debt Service Charge = $ 3,953.85
E. Frontage Fee = $ 0.00
F. 1994 Bond Debt Service Fee
201 1994 Bond Debt Service Area.
41 Units @ $0.00/ Unit = $ 0.00
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: 15
119,128 Square Feet @ $ 0.05/SF = $ 5,956.40
Less Oversize Credit (A.D. #131) _ $ 5,956.40
Estimated Net Deferred UGM Oversize Charge = $ Paid w/credits
B. Lateral Sewer Charge = $ 0.00
C. Housebranch Sewer Charge = $ N/A
D. Millbrook Sewer Overlay = $ 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
' 'Ill. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 14
16.2710 Gross Acres @ $ 206.00/GA = $ 3,351.83
B. UGM Neighborhood Park Fee
Service Area: 5
16.2710 Gross Acres @ $ 746.00/GA = $ 12.138.12
C. UGM Trunk Sewer Fee (Res 83-40) _ $ 0.00
D. UGM Major Street Charge
Service Area: C/D-2
15.3429 Net Adj Acres @ $ 1,930.00 NAA = $ 29.611.80
Less Estimated Construction Credits (A.D. #131) _ $ 29,611.80
Estimated Major Street Charge = $ Paid w/credits
E. UGM Major Street Bridge Charge
Service Area: C/D-2
15.3429 Net Adj Acres @ $ 65.00/NAA = $ 997.29
F. UGM Traffic Signal Charge
15.3429 Net Adjusted Acres @ $ 860/NAA = $ 10.112.05
Less Estimated Construction Credits (A.D. #131) _ $ 10.112.05
Estimated Traffic Signal Charge = $ Paid wrCredits
G. UGM Grade Separation Charge = $ 0.00
H. UGM At-Grade Railroad Crossing Charge
At-Grade RRXing Fee = $ 0.00
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:\wp5ltcovt5086 January 7.2003
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-5086 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water TGM Fire Neighborhood Major
Lot Lot Meter Bond Debt Station Park Bridge
No. Area Amount Amount Amount Amount Amount
Due Due Due Due Due
1 12204 $320.00 $88.99 $75.44 $273.19 $22.44
2 11205 $320.00 $81.70 $69.26 $250.81 $20.61
3 10329 $320.00 $75.31 $63.84 $231.19 $18.99
4 13600 $470.00 $99.17 $84.07 $304.44 $25.01
5 13702 $470.00 $99.90 $84.69 $306.68 $25.20
6 10147 $320.00 $73.99 $62.73 $227.16 $18.66
7 10625 $320.00 $77.47 $65.67 $237.82 $19.54
8 11523 $320.00 $84.03 $71.23 $257.97 $21.19
9 11851 $320.00 $86.41 $73.25 $265.28 $21.79
10 10625 $320.00 $77.47 $65.67 $237.82 $19.54
11 10370 $320.00 $75.62 $64.11 $232.16 $19.07
12 13708 $470.00 $99.95 $84.73 $306.83 $25.21
13 15511 $470.00 $113.09 $95.87 $347.19 $28.53
14 10751 $320.00 $78.39 $66.46 $240.66 $19.77
15 11250 $320.00 $82.04 $69.55 $251.85 $20.69
16 12001 $320.00 $87.50 $74.18 $268.63 $22.07
17 12398 $320.00 $90.40 $76.63 $277.51 $22.80
18 11160 $320.00 $81.38 $68.99 $249.84 $20.53
19 10915 $320.00 $79.58 $67.47 $244.31 $20.07
20 16294 $470.00 $118.80 $100.71 $364.72 $29.96
21 13130 $470.00 $95.74 $81.16 $293.92 $24.15
22 13575 $470.00 $98.97 $83.90 $303.85 $24.97
23 11331 $320.00 $82.62 $70.04 $253.64 $20.84
24 10456 $320.00 $76.23 $64.62 $234.02 $19.23
25 10560 $320.00 $77.01 $65.28 $236.41 $19.42
26 12607 $470.00 $91.93 $77.93 $282.21 $23.19
27 14740 $470.00 $107.48 $91.11 $329.96 $27.11
28 11193 $320.00 $81.62 $69.20 $250.58 $20.59
29 11202 $320.00 $81.67 $69.24 $250.73 $20.60
30 10517 $320.00 $76.69 $65.01 $235.44 $19.34
31 12712 $470.00 $92.68 1 $78:57 1 $284.52 1 $23.38
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document. \q�p int\h 06-Jan-03 3-0 .
EXHIBIT "B" - PRORATED FEE OBLIGATIONS
T-5086 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water TGM Fire Neighborhood Major
Lot Lot Meter Bond Debt Station Park Bridge
No. Area Amount Amount Amount Amount Amount
Due Due Due Due Due
32 19514 $470.00 $142.28 $120.61 $436.78 $35.89
33 17055 $470.00 $124.34 $105.41 $381.73 $31.37
34 15754 $470.00 $114.87 $97.38 $352.63 $28.97
35 15172 $470.00 $110.61 $93.77 $339.58 $27.90
36 15469 $470.00 $112.80 $95.63 $346.29 $28.45
37 14692 $470.00 $107.11 $90.80 $328.84 $27.02
38 14231 $470.00 $103.76 $87.96 $318.54 $26.18
39 14690 $470.00 $107.11 $90.80 $328.84 $27.01
40 14487 $470.00 $105.63 $89.55 $324.29 $26.64
41 14499 $470.00 $105.73 $89.63 $324.58 $26.66
42 14511 $470.00 $105.80 $89.69 $324.81 $26.69
document%q�printlh 06-Jan-03