HomeMy WebLinkAboutT-5103 - Agreement/Covenant - 8/11/2006 (2) I�
WHEN RECORDED MAIL TO IIII III III I III II III III III II I III IIII I IIII I VIII I II
City Clerk FRESNO County Recorder
City of Fresno Robert C. Werner
2600 Fresno Street DOC— 2003-0214582
Fresno, CA 93721-3603 Acct 5-First American Title Insurance Company
Tuesday, SEP 09, 2003 08:00:00
TCF $16.00 MOD $18.00 MIC $2.00
DRF $26.00 DFF $3.90 GFF $0.10
Tt 1 Pd $66,00 Nbr-0001242027
NO FEE-Government Code 6103 r g r/R7/2-17
CITY of FRESNO
Planning & Development Department
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 FOR TRACT
5103
RECITALS
A. WHEREAS, Northern Sun Villas Estates, 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 49, of Tract Map No. 5103, in the City of Fresno, Count of Fresno, State
of California, according to the map thereof recorded on SfJtkM6& 2003, in
Volume_( , of Plats at Page(s), 4 2, 49 , Fresno C unty 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
C. WHEREAS, the conditions of approval of Revised Vesting Tentative Tract
No. 4188/UGM400, (hereafter, "Project"), require the payment of applicable sewer connection
charges,water connection charges, Urban Growth Management fees and/or the Millbrook Overlay
a
Fee Deferral Coveant for Tract No. 5103
Phase III of Tentative Tract 4188
Page 2
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 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
r ;
Fee Deferral Coveant for Tract No. 5103
Phase III of Tentative Tract 4188
Page 3
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.
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.
r
Fee Deferral Coveant for Tract No. 5103
Phase III of Tentative Tract 4188
Page 4
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 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
T
Fee Deferral Coveant for Tract No. 5103
Phase III of Tentative Tract 4188
Page 5
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.
Fee Deferral Coveant for Tract No. 5103
Phase III of Tentative Tract 4188
Page 6 QQ
DATED: J 3
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
Northern Sun Villas Estates,
a California Limited Partnership
By:
Yovino, Director Planning Northern California Universal Enterprise Co.
ar Development Department a California Corporatio as Partner
APPROVED AS TO FORM: By. .
Joe Wu, resident
HILDA CANT ONTOY
City Attorne
By:
De ty
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
}
COUNTY OF <:: A70 -(r14 C e 4a r } SS.
On befofe me,,Che undersigned, a Notary Public in and for
said State personally appeared
Na
---le o Signer(s)
❑ Personally known to me OR ❑ proved to me on the of satisfactory evidence to be the person(s)
whose name(s) is/afe subscribed to the within
instrument and acknowledged to me that
he/sheAhey executed the same in his/hefAheif
authorized capacity(ies), and that by his/h®;;4heir
BHAKTI B. DESAI r signature(&) on the instrument the person(s), or the
COMM.#1253197 m entity upon behalf of which the person(s) acted,
20NOTARY PUBLIC-CALIFORNIA P executed the instrument.
SANTA CLARA COUNTY
My Commission Expires FEB. 11,2004
`q"'^'T W V, Witness my hand and official seal.
Signature of Notary
7 i
(Area above for official notarial seal) Name(Typed or Printed)
Capacity Claimed by Signer Description of Attached Document
❑ Individual(s) (Although this information is optional, it could prevent fraudulent
❑ Corporate Officer(s) - Title(s) attachment of this certificate to another document.)
This certificate is for attachment to the document
described below:
i le or type of documq t ry/t��' c' c;✓v'1
p. tfr
❑ Partners
❑ Attorney-in-Fact r :. colt ������,;.�� �.,_1 �, f
❑ Trustee(s)
❑ Guardian/Conservatoriadhbpagesae
er�
❑ Other: Date of document
Signer(s) other than named above
Signer is Representing: Name of person(s) or
Entity(ies)
SAVA 91 A(7/98)
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
0
J
By. L.
DEPUTY
EXHIBIT"A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Total amount deferred excludes the fees paid with the subdivision agreement for the lots
with "Early issuance of building permits". Those lots are: 2, 36, 37,47,48,8~49.
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)
43 - 1 inch Meters @ $_L20/Meter = $ 13.760.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: D
9.4838 Gross Acres @ $ 560 /GA = $ 5.310.93
Less Estimated TGM Credit = $ 0.00
Estimated Net Deferred UGM TGM Charge = $ 4,690.62
D. Transmission Grid Main Bond Debt Service Charge
For Parcels 5 Gross Acres and Above
9.4838 Gross Acres @ $243.00 /ac. _ $ 2.304.56
Less TGM Bond Debt Service Credit = $ 0.00
Estimated Net Deferred TGM Bond Debt Service Charge = $
*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
Estimated Deferred Frontage Fee = $ N/A
F. 1994 Bond Debt Service Fee
501 1994 Bond Debt Service Area.
49 Units @ $ 244 / Unit = $ 11.956.00
Estimated Net Deferred 1994 Bond Debt Service Fee = $ 10.492.00
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
Square Feet @ $0.05/Sq. Ft. _ $ N/A
B. Lateral Sewer Charge
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: 15
9.4838 Gross Acres @ $_§05/GA = $ 5,737.70
Estimated Net Deferred UGM Fire Station Fee = $ 5,067.54
B. UGM Neighborhood Park Fee
Service Area: 2
9.4838 Gross Acres @ $ 1.650 /GA = $ 15,648.27
Estimated Net Deferred UGM Neighborhood Park Fee = $ 13,820.57
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-1
9.4838 Net Adj Acres @ $ 2.180/NAA = $ 20,674.68
Estimated Net Deferred UGM Major Street Charge = $ 18,259.89
E. UGM Major Street Bridge Charge
Service Area: D-1/E-1
9.4838 Net Adj Acres @ $-110/NAA = $ 1,991.60
Estimated Net Deferred UGM Major Street Bridge Charge = $ 1.758.98
F. UGM Traffic Signal Charge
9.4838 Net Adjusted Acres @ $ 860 /NAA = $ 8.156.07
Estimated Net Deferred UGM Traffic Signal Charge = $ 7.203.45
G. UGM Grade Separation Charge
Service Area:
_ Net Adjusted Acres @ $_/NAA = $ N/A
H. 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\deferrahT5103exhibKA June 6,2003
EXHIBIT"B" -- PRORATED FEE OBLIGATIONS
T-5103 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water 1994 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 6130 $320.00 $97.38 $244.00 $105.21 $286.94 $379.10
2 6131 Paid Paid Paid Paid Paid Paid
3 6133 $320.00 $97.38 $244.00 $105.21 $286.94 $379.10
4 6052 $320.00 $96.10 $244.00 $103.82 $283.14 $374.09
5 9374 $320.00 $148.90 $244.00 $160.87 $438.74 $579.66
6 9129 $320.00 $144.98 $244.00 $156.63 $427.19 $564.40
7 7301 $320.00 $115.98 $244.00 $125.30 $341.72 $451.48
8 7050 $320.00 $111.94 $244.00 $120.94 $329.84 $435.78
9 7063 $320.00 $112.17 $244.00 $121.18 $330.50 $436.65
10 7076 $320.00 $112.39 $244.00 $121.42 $331.16 $437.53
11 7088 $320.00 $112.56 $244.00 $121.61 $331.65 $438.18
12 7101 $320.00 $112.78 $244.00 $121.85 $332.31 $439.05
13 7114 $320.00 $113.01 $244.00 $122.09 $332.97 $439.92
14 7643 $320.00 $121.41 $244.00 $131.16 $357.72 $472.62
15 7670 $320.00 $121.80 $244.00 $131.59 $358.88 $474.15
16 7165 $320.00 $113.79 $244.00 $122.94 $335.28 $442.98
17 7178 $320.00 $114.02 $244.00 $123.18 $335.94 $443.85
18 7160 $320.00 $113.74 $244.00 $122.88 $335.12 $442.76
19 7621 $320.00 $121.02 $244.00 $130.74 $356.57 $471.10
20 1 11948 $320.00 $189.78 $244.00 $205.03 $559.19 $738.80
21 6282 $320.00 $99.79 $244.00 $107.81 $294.03 $388.48
22 6449 $320.00 $102.42 $244.00 $110.65 $301.79 $398.72
23 6863 $320.00 $108.98 $244.00 $117.73 $321.09 $424.23
24 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
25 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
26 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
27 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
28 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
29 1 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
30 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
31 1 6300 1 $320.00 $100.07 $244.00 1 $108.11 $294.86 $389.57
document: \q\print\h 06-Jun-03
EXHIBIT 13" -- PRORATED FEE 013LIGATION5
T-5103 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water 1994 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
32 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
33 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
34 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
35 6747 $320.00 $107.18 $244.00 $115.80 $315.81 $417.25
36 6747 Paid Paid Paid Paid Paid Paid
37 6300 Paid Paid Paid Paid Paid Paid
38 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
39 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
40 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
41 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
42 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
43 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
44 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
45 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
46 6300 $320.00 $100.07 $244.00 $108.11 $294.86 $389.57
47 6300 Paid Paid Paid Paid Paid Paid
48 7021 Paid Paid Paid Paid Paid Paid
49 6555 Paid Paid Paid Paid Paid Paid
document: \q\print\h 06-Jun-03
EXHIBIT"B" -- PRORATED FEE OBLIGATIONS
Major Traffic
Lot Bridge Signal
No. Amount Amount
Due Due
1 $36.52 $149.55
2 Paid Paid
3 $36.52 $149.55
4 $36.04 $147.58
5 $55.84 $228.67
6 $54.37 $222.65
7 $43.49 $178.11
8 $41.98 $171.91
9 $42.06 $172.26
10 $42.15 $172.60
11 $42.21 $172.86
12 $42.29 $173.20
13 $42.38 $173.55
14 $45.53 $186.45
15 $45.68 $187.05
16 $42.67 $174.75
17 $42.76 $175.10
18 $42.65 $174.67
19 $45.38 $185.85
20 $71.17 $291.45
21 $37.42 $153.25
22 $38.41 $157.29
23 $40.87 $167.36
24 $37.53 $153.68
25 $37.53 $153.68
26 $37.53 $153.68
27 $37.53 $153.68
28 $37.53 $153.68
29 $37.53 $153.68
30 $37.53 $153.68
31 $37.53 1 $153.68
document: \q\print\h 06-Jun-03
I
EXHIBIT"B" -- PRORATED FEE OBLIGATIONS
Major Traffic
Lot Bridge Signal
No. Amount Amount
Due Due
32 $37.53 $153.68
33 $37.53 $153.68
34 $37.53 $153.68
35 $40.19 $164.60
36 Paid Paid
37 Paid Paid
38 $37.53 $153.68
39 $37.53 $153.68
40 $37.53 $153.68
41 $37.53 $153.68
42 $37.53 $153.68
43 $37.53 $153.68
44 $37.53 $153.68
45 $37.53 $153.68
46 $37.53 $153.68
47 Paid Paid
48 Paid Paid
49 Paid Paid
document: \q\print\h 06-Jun-03
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on March 11, 2003, in the office of the Fresno County Recorder, Document
No. 2003-0055914 of which the Deed of Trust in by and between Northern Sun Villas
Estates, a California Limited Partnership„ as Trustor, First American Title Company, a
Corporation, as Trustee and Grand Pacific Financing Corporation, as Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Statement of Covenants for Certain Sewer Connection Charges, Water Connection Charges,
Urban Growth Management Fees and Development Fees and Creation of Lien for Tract No.
5103, Phase III of Vesting Tentative Tract No. 4188/UGM.
DATED: August 12 , 200 3
By:
Richard T o, Senior Vice President
UrGn�l Pc. i P►r� n5 CvrP
(Attach Notary Acknowledgment)
State of California )
s.s
County of Los Angeles )
On August 12, 2003 before me, Keith Lam, Notary Public, personally appeared Richard
Tao, personally known to me ( ) to be
the person(s)whose name(s) is/alee subscribed to the within instrument and acknowledged
to me that he/she4hey executed the same in his/her heir- authorized capacity(ies), and
that by his/hekhe f signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
KEITH LAM
Commission# 1291727
Notary Public -California
Los Angeles County
` My Comm.boesion 2D,20M
Signature o Notary is (Seal)