HomeMy WebLinkAboutT-5121 - Agreement/Covenant - 8/11/2006 (2) Recording Requested by:
City of Fresno
No Fee-Govt.. Code Sections
6103 and 27383
When Recorded, Mail To: 06/11/2003,20030131458
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3623
APN: 505-060-52, 56 & 57 Planning and Development Department
Project ID: Final Tract No. 5121 Building & Safety Services Division
Phase II of T. Tr. 4384 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, Rexford Development Corporation, 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 43, inclusive, of Final Tract Map No. 5121, in the City of Fresno,
County of Fresno, State of California, according to the map thereof recorded
on—, Lie— I , 200 in Volume b8 , of Plats
at Pages I — 2 , 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
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 5121
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. 5121 (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
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 5121
Page 3
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 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
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 5121
Page 4
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 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.
J
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 5121
Page 5
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.
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. 5121
Page 6
DATED: �UYIiP 3_ ZL�co
CITY OF FRESNO, COVENANTOR
a Municipal Corporation REXFORD DEVELOPMENT CORPORATION
a California Corporation
By:
—'iT51-f6. Yovino, Director
Pla ing and Development Department
By: �--
ichard K. 6hrlich, President
APPROVED AS TO FORM:
HIVCANTMONTOYCitBy
Dep y
(Covenantor: Attach Notary Acknowledgments)
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On June 9,2003, before me, Elvia Sommerville, Deputy City Clerk,personally appeared,Nick
P. Yovino,Development Department Director,known to me(or proved to me on the basis of
satisfactory evidence)to be the person(s)whose name(s) 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), or the
entity upon behalf of the City of Fresno of which the person(s)acted, executed the instrument.
W1 MESS my hand and official City Seal.
REBECCA E. KL ISCH
CITY CLERK
By��naJ ,.
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
L
State of California
County of WShWb_C_7ss.
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y b1�On before me, P
Date I> /' Name�';Title of Officer(e.g.,"Jane Notary Public")
personally appeared �( � K • G r 11�0 ��
Name(s)of Signer(s)
`54ersonally known to me
❑ proved to me on the basis of satisfactory �
evidence
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to be the person(s) whose name(s) is/are
SHANNON FORD subscribed to the within instrument and
I Comvik sion 135708 acknowledged to me that he/she/they executed
Notary PubUc_CaIN. the same in his/her/their authorized
Mpeles CouMp capacity(ies), and that by his/her/their E I
E�ireslNsyz4r2ppg signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
I WITNES han nd officia s I. )'?
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Sig tura of Notary Pu
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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 DoCum nt: •�.� IG( �S)
fah fiverC07111.407 Citl
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
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Signer's Name: �
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❑ Individual Tl L Top of thumb here
�orporate Officer—Title(s): (•jr 7
Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee I
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Y01
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0 1999 National Notary Ataociation-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•—.nationalnotary.org Prod.No.5907 Reader:Call Toll-Free 1-800-876-6827
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)
43 - 1.0 inch Meters @ $320/Meter = $ 13.760.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: B
8.5702 Gross Acres @ $ 560/GA = $4,799.31
Less TGM Credit = $ 0.00
Estimated Net Deferred UGM TGM Charge = $ 4,799.31
D. Transmission Grid Main Bond Debt Service Charge
8.5702 Gross Acres @ $243.00/ac. _ $ 2,082.56
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
201 1994 Bond Debt Service Area.
43 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: 19
24,000 Square Feet @ $0.05 /Sq. Ft. _ $ 1,200.00
Less Oversize Credit = $ 0.00
Estimated Net Deferred UGM Oversize Charge = $ 1.200.00
B. Lateral Sewer Charge = $ 0.00
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
111. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 17
8.5702 Gross Acres @ $_L3/GA • _ $ 625.62
This Tract to install fire sprinklers in all S.F.R.. Therefore, the service rate is to be applied.
B. UGM Neighborhood Park Fee
Service Area: 4
8.5702 Gross Acres @ $ 1.230 /GA = $ 10.541.35
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: E-4
8.3112 Net Adj Acres @ $2,435/NAA = $ 20,237.77
Less Estimated Major Street Credits = $ 0.00
Estimated Net Deferred UGM Major Street Charge = $20,237.77
E. UGM Major Street Bridge Charge
Service Area: E-4
8.3112 Net Adj Acres @ $_L35/NAA = $ 1.122.01
F. UGM Traffic Signal Charge
8.3112 Net Adjusted Acres @ $860/NAA = $ 7,147.63
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%deterraM1t5121exhIbMA February 19,2003
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-5121 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Sewer Fire Neighborhood Major
Lot Lot Meter TGM Oversize Station Park Street
No. Area Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due
1 6602 $320.00 $114.13 $28.53 $14.90 $250.67 $481.16
2 6600 $320.00 $114.07 $28.52 $14.86 $250.55 $481.16
3 6599 $320.00 $114.07 $28.52 $14.89 $250.55 $480.91
4 6600 $320.00 $114.07 $28.52 $14.86 $250.55 $481.16
5 7089 $320.00 $122.53 $30.64 $15.97 $269.12 $516.71
6 6846 $320.00 $118.33 $29.59 $15.43 $259.90 $498.93
7 6102 $320.00 $105.45 $26.37 $13.72 $231.61 $444.63
8 6002 $320.00 $103.71 $25.94 $13.48 $227.80 $437.57
9 6022 $320.00 $104.10 $26.03 $13.59 $228.66 $439.03
10 6074 $320.00 $105.00 $26.25 $13.71 $230.63 $442.68
11 6464 $320.00 $111.72 $27.94 $14.56 $245.39 $471.17
12 6070 $320.00 $104.89 $26.23 $13.64 $230.38 $442.44
13 6116 $320.00 $105.73 $26.43 $13.81 $232.22 $445.85
14 6069 $320.00 $104.89 $26.23 $13.66 $230.38 $442.44
15 6017 $320.00 $103.99 $26.00 $13.55 $228.41 $438.54
16 6075 $320.00 $105.00 $26.25 $13.69 $230.63 $442.68
17 6502 $320.00 $112.39 $28.10 $14.66 $246.86 $473.85
18 7126 $320.00 $123.14 $30.80 $16.02 $270.48 $519.39
19 7062 $320.00 $122.08 $30.52 $15.94 $268.14 $514.76
20 6564 $320.00 $113.46 $28.37 $14.79 $249.20 $478.48
21 8463 $320.00 $146.27 $36.57 $19.06 $321.28 $616.79
22 7081 $320.00 $122.42 $30.60 $15.99 $268.88 $515.98
23 7925 $320.00 $136.98 $34.25 $17.85 $300.86 $577.58
24 8072 $320.00 $139.50 $34.88 $18.15 $306.39 $588.30
25 6212 $320.00 $107.35 $26.85 $13.97 $235.79 $452.67
26 6295 $320.00 $108.81 $27.20 $14.19 $238.99 $458.75
27 6288 $320.00 $108.70 $27.17 $14.19 $238.74 $458.27
28 6263 $320.00 $108.25 $27.07 $14.11 $237.76 $456.56
29 6094 $320.00 $105.34 $26.34 $13.74 $231.36 $444.14
30 6438 $320.00 $111.27 $27.82 $14.50 $244.40 $469.22
31 6390 $320.00 $110.43 $27.62 $14.38 $242.56 $465.82
document: \q\print\h 19-Feb-03
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-5121 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Sewer Fire Neighborhooc Major
Lot Lot Meter TGM Oversize Station Park Street
No. Area Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due
32 6000 $320.00 $103.71 $25.93 $13.53 $227.80 $437.33
33 6000 $320.00 $103.71 $25.93 $13.53 $227.80 $437.33
34 6000 $320.00 $103.71 $25.93 $13.53 $227.80 $437.33
35 6000 $320.00 $103.71 $25.93 $13.53 $227.80 $437.33
36 6000 $320.00 $103.71 $25.93 $13.53 $227.80 $437.33
37 6177 $320.00 $106.79 $26.69 $13.96 $234.56 $450.23
38 6062 $320.00 $104.78 $26.20 $13.66 $230.13 $441.71
39 6000 $320.00 $103.71 $25.93 $13.53 $227.80 $437.33
40 6000 $320.00 $103.71 $25.93 $13.53 $227.80 $437.33
41 6000 $320.00 $103.71 $25.93 $13.53 $227.80 $437.33
42 6024 $320.00 $104.10 $26.03 $13.55 $228.66 $439.03
43 7285 $320.00 $125.89 $31.48 $16.37 $276.50 $531.07
document: \q\print\h 19-Feb-03
• EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
Major Traffic
Lot Bridge Signal
No. Amount Amount
Due Due
1 $26.68 $169.94
2 $26.68 $169.94
3 $26.66 $169.85
4 $26.68 $169.94
5 $28.65 $182.49
6 $27.66 $176.21
7 $24.65 $157.04
8 $24.26 $154.54
9 $24.34 $155.06
10 $24.54 $156.35
11 $26.12 $166.41
12 $24.53 $156.26
13 $24.72 $157.47
14 $24.53 $156.26
15 $24.31 $154.89
16 $24.54 $156.35
17 $26.27 $167.36
18 $28.80 $183.44
19 $28.54 $181.80
20 $26.53 $168.99
21 $34.20 $217.84
22 $28.61 $182.23
23 $32.02 $203.99
24 _$32.62 $207.78
25 $25.10 $159.87
26 $25.43 $162.02
27 $25.41 $161.85
28 $25.31 $161.25
29 $24.62 $156.86
30 $26.01 $165.72
31 $25.83 $164.52
document: \q\print\h 19-Feb-03
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
Major Traffic
Lot Bridge Signal
No. Amount Amount
Due Due
32 $24.25 $154.46
33 $24.25 $154.46
34 $24.25 $154.46
35 $24.25 $154.46
36 $24.25 $154.46
37 $24.96 $159.01
38 $24.49 $156.00
39 $24.25 $154.46
40 $24.25 $154.46
41 $24.25 $154.46
42 $24.34 $155.06
43 $29.44 $187.57
document: \q\print\h 19-Feb-03