HomeMy WebLinkAboutT-5110 - Agreement/Covenant - 2/15/2005 (2) l�
When Recorded, Mail To: IIII III III I III II III III II III I III IIII I IIII I III I IIII
City Clerk FRESNO County Recorder
City of Fresno Robert C, Werner
2600 Fresno Street DOC— 2003-0282485
Fresno, CA 93721-3623 Acct 4-Fidelity National Title Company
Monday, NOV 24, 2003 08:00:00
Tt 1 Pd $63.00 Nbr-0001320131
rgr/R7/2-16
No Fee-Govt. Code Sections 6103
P.W. File No. 10513 City of Fresno
JAR (Lot 1) 10709 N. Price Avenue Planning & Development Department
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 NO. 5110
(Phase II of Tentative Map No. 4903)
�J�
Statement of Covenants
Deferring Fees and Creation of Lien
For Tract No. 5110
Page 2
RECITALS
A. WHEREAS, Copper/Maple No. 2, Inc., a California 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 48, inclusive, of Tract No. 5110 according to the map thereof recorded in
Volume _of Plats at Pages 3.2 - 3.3 , 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
C. WHEREAS, the conditions of approval of Revised Vesting Tentative Tract No. 4903
(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
Statement of Covenants
Deferring Fees and Creation of Lien
For Tract No. 5110
Page 3
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
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.
;1
Statement of Covenants
Deferring Fees and Creation of Lien
For Tract No. 5110
Page 4
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.
S. 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.
Statement of Covenants
Deferring Fees and Creation of Lien
For Tract No. 5110
Page 5
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.
Statement of Covenants
Deferring Fees and Creation of Lien
For Tract No. 5110
Page 7
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation Copper/Maple No. 2, Inc.,
A California Corporation
By: By: �2/2f-I%
NT k Yovino, Director Robert A. McCaffrey, Presideynt
Plan I
g and Development Department
APPROVED AS TO FORM:
HILDA CAN MONT ✓
City Attorn David Ciabattari, Chief Operating Officer
By:
Deputy
(Attach Notary Acknowledgment)
Statement of Covenants
Deferring Fees and Creation of Lien
For Tract No. 5110
Page 6
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.
STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On October 3, 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 Commission,Exp ri se Januar 21!2007
i�
MICHELEL. HOGAN
Commisslon A 1395535
-� Notary Public - California _
Fresno County
My Comm.Expires Jon 21,200'
R+� i
4
CITY CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On October 30 , 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
By1,Q,,L
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)
33 - 1_0 inch Meters @ $320/Meter = $ 10.560.00
15 - 1_5 inch Meters @ $470/Meter = $ 7.050.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
18.3216 Acres @ $ 560/GA = $10.260.10
Less TGM Credit
Estimated Net Deferred UGM TGM Charge = $ 10.260.10
D. Transmission Grid Main Bond Debt Service Charge
For Parcels 5 Gross Acres and Above
18.3216 Gross Acres @ $243.00/ac. _ $_4...452.15
Less TGM Bond Debt Service Credit = $ 0.00
Estimated Net Deferred TGM Bond Debt Service Charge = $ 4.452.15
E. Frontage Fee
_ Lineal Feet @ $ 3.25 /LF = $ 0.00
Estimated Deferred Frontage Fee = $ N/A
F. 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Area.
48 Units @ $895/ Unit = $42.960.00
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: 43
54,283 Square Feet @ $0.05/ Sq. Ft. _ $ 2.714.15
Less Oversize Credit = $ 0.00
Estimated Net Deferred UGM Oversize Charge = $ 2.714.15
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: 21
18.3216 Gross Acres @ $1.388/GA = $ 25.430.38
B. UGM Neighborhood Park Fee
Service Area: 7
18.3216 Gross Acres @ $1.690/GA = $ 30,963.50
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA
D. UGM Major Street Charge
Service Area: F
17.6374 Net Adj Acres @ $2.500/NAA = $ 43.046.00
Less Major Street Construction Credit = $44.565.00
Estimated Net Deferred Major Street Charge = $Paid w/Credits
E. UGM Major Street Bridge Charge
Service Area: F
17.6374 Net Adj Acres @ $50/NAA = $ 881.87
F. UGM Traffic Signal Charge
17.6374 Net Adjusted Acres @ $ 860/NAA = $ 15,168.16
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\deferreN5110exhlbItA September 17,2003
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EXHIBIT "B" - PRORATED FEE OBLIGATIONS
T-5110 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Water 1994 Sewer Fire
Lot Lot Meter T.G.M. Bond Debt Bond Debt Oversize Station
No. Area Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due
1 15805 $470.00 $271.38 $117.76 $895.00 $71.79 $672.62
2 17750 $470.00 $304.75 $132.24 $895.00 $80.62 $755.35
3 15410 $470.00 $264.60 $114.82 $895.00 $69.99 $655.83
4 12774 $470.00 $219.35 $95.18 $895.00 $58.02 $543.68
5 11480 $320.00 $197.12 $85.54 $895.00 $52.14 $488.58
6 15251 $470.00 $261.86 $113.63 $895.00 $69.27 $649.03
7 11061 $320.00 $189.90 $82.40 $895.00 $50.24 $470.67
8 11052 $320.00 $189.78 $82.35 $895.00 $50.20 $470.39
9 11052 $320.00 $189.78 $82.35 $895.00 $50.20 $470.39
10 11052 $320.00 $189.78 $82.35 $895.00 $50.20 $470.39
11 12489 $320.00 $214.42 $93.04 $895.00 $56.73 $531.47
12 11302 $320.00 $194.04 $84.20 $895.00 $51.34 $480.94
13 18465 $470.00 $317.07 $137.59 $895.00 $83.87 $785.89
14 10638 $320.00 $182.67 $79.27 $895.00 $48.32 $452.77
15 10535 $320.00 $180.88 $78.49 $895.00 $47.85 $448.32
16 12059 $320.00 $207.03 $89.84 $895.00 $54.77 $513.14
17 10625 $320.00 $182.45 $79.17 $895.00 $48.26 $452.21
18 10670 $320.00 $183.23 $79.51 $895.00 $48.46 $454.15
19 12056 $320.00 $207.03 $89.84 $895.00 $54.76 $513.14
20 13800 $470.00 $236.94 $102.81 $895.00 $62.68 $587.26
21 10527 $320.00 $180.77 $78.44 $895.00 $47.81 $448.05
22 10230 $320.00 $175.67 $76.23 $895.00 $46.47 $435.42
23 11242 $320.00 $193.03 $83.76 $895.00 $51.06 $478.44
24 10740 $320.00 $184.41 $80.02 $895.00 $48.78 $457.07
25 10140 $320.00 $174.10 $75.55 $895.00 $46.06 $431.53
26 10140 $320.00 $174.10 $75.55 $895.00 $46.06 $431.53
27 10140 $320.00 $174.10 $75.55 $895.00 $46.06 $431.53
28 1 10662 $320.00 $183.06 $79.44 $895.00 $48.43 $453.74
29 11040 $320.00 $189.56 $82.26 $895.00 $50.15 $469.84
30 11560 $320.00 1 $198.46 $86.12 $895.00 $52.51 $491.91
31 10951 $320.00 11 $188.05 $81.60 1 $895.00 1 $49.74 1 $466.09
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EXHIBIT "B" - PRORATED FEE OBLIGATIONS
T-5110 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Water 1994 Sewer Fire
Lot Lot Meter T.G.M. Bond Debt Bond Debt Oversize Station
No. Area Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due
32 14541 $470.00 $249.65 $108.33 $895.00 $66.05 $618.77
33 14853 $470.00 $255.02 $110.66 $895.00 $67.46 $632.10
34 11127 $320.00 $191.07 $82.91 $895.00 $50.54 $473.59
35 11791 $320.00 $202.44 $87.84 $895.00 $53.56 $501.76
36 11340 $320.00 $194.71 $84.49 $895.00 $51.51 $482.61
37 12339 $320.00 $211.85 $91.93 $895.00 $56.05 $525.08
38 11050 $320.00 $189.73 $82.33 $895.00 $50.19 $470.25
39 11050 $320.00 $189.73 $82.33 $895.00 $50.19 $470.25
40 11228 $320.00 $192.81 $83.66 $895.00 $51.00 $477.89
41 14975 $470.00 $257.15 $111.59 $895.00 $68.02 $637.37
42 11615 $320.00 $199.42 $86.53 $895.00 $52.76 $494.27
43 11423 $320.00 $196.11 $85.10 $895.00 $51.88 $486.08
44 13109 $470.00 $225.06 $97.66 $895.00 $59.54 $557.84
45 16048 $470.00 $275.58 $119.58 $895.00 $72.89 $683.03
46 13667 $470.00 $234.64 $101.82 $895.00 $62.08 $581.57
47 17801 $470.00 $305.65 $132.63 $895.00 $80.85 $757.57
48 1 16896 1 $470.00 $290.14 $125.90 $895.00 $76.74 $719.12
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EXHIBIT "B" - PRORATED FEE OBLIGATIONS
Neighborhood Major Traffic
Lot Park Bridge Signal
No. Amount Amount Amount
Due Due Due
1 $818.97 $23.33 $401.19
2 $919.70 $26.20 $450.55
3 $798.53 $22.74 $391.13
4 $661.97 $18.85 $324.22
5 $594.88 $16.94 $291.37
6 $790.24 $22.51 $387.17
7 $573.08 $16.33 $280.79
8 $572.74 $16.31 $280.53
9 $572.74 $16.31 $280.53
10 $572.74 $16.31 $280.53
11 $647.10 $18.43 $317.00
12 $585.59 $16.68 $286.90
13 $956.88 $27.25 $468.70
14 $551.28 $15.70 $270.04
15 $545.87 $15.55 $267.46
16 $624.79 $17.80 $306.07
17 $550.60 $15.68 $269.70
18 $552.97 $15.74 $270.81
19 $624.79 $17.79 $305.99
20 $715.04 $20.37 $350.28
21 $545.53 $15.54 $267.20
22 1 $530.15 $15.10 $259.72
23 $582.54 $16.59 $285.35
24 $556.52 $15.85 $272.62
25 $525.42 $14.96 $257.40
26 $525.42 $14.96 $257.40
27 $525.42 $14.96 $257.40
28 $552.46 $15.74 $270.64
29 $572.07 $16.30 $280.27
30 $598.94 $17.06 $293.43
31 $567.50 $16.16 $277.95
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EXHIBIT "B" - PRORATED FEE OBLIGATIONS
Neighborhood Major Traffic
Lot Park Bridge Signal
No. Amount Amount Amount
Due Due Due
32 $753.40 $21.46 $369.11
33 $769.63 $21.92 $377.02
34 $576.63 $16.42 $282.42
35 $610.94 $17.40 $299.28
36 $587.61 $16.74 $287.84
37 $639.33 $18.21 $313.21
38 $572.57 $16.31 $280.53
39 $572.57 $16.31 $280.53
40 $581.87 $16.57 $285.00
41 $776.05 $22.10 $380.12
42 $601.81 $17.14 $294.81
43 $591.84 $16.86 $289.99
44 $679.21 $19.35 $332.73
45 $831.65 $23.69 $407.38
46 $708.11 $20.17 $346.92
47 $922.40 $26.27 $451.84
48 $875.59 $24.94 $428.88
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