HomeMy WebLinkAboutT-5145 - Agreement/Covenant - 2/17/2005 (2) I�
WHEN RECORDED MAIL TO: IIII III III III II III III IIII III IIII I IIII II II IIII
FRESNO County Recorder
City Clerk Robert C. Werner
City of Fresno DOC— 2004-027.7384
2600 Fresno Street Acct 2-Chicago Title Company
Fresno, CA 93721-3603 Monday, DEC 13, 2004 08:00:00
Tt 1 Pd $60.00 Nbr-0001619641
rgr/R7/2-15
NO FEE-Government Code 6103
CITY of FRESNO
Planning and Development Department
P.W. File No. 11841
APN: 442-030-30
JAR 3641 West Michigan Ave (T-5145, Lot 1)
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. 5145
Statement of Covenants
Fee Deferral
Tract No. 5145
Page 2
RECITALS
WHEREAS, THOMPSON FOGG, LLC, a 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 16, inclusive of Tract No. 5145 according to the map thereof
recorded on T),--r-6m hP,` l3 , 2004 in Volume�_,
of Plats at Page(s) /t4 d- /LS Fresno County Records.;
and
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
WHEREAS, the conditions of approval of Vesting Tentative Map No. 5145 (hereinafter,
"Project"),require the payment of applicable sewer connection charges,water connection charges,
Urban Growth Management fees, Millbrook Overlay Sewer fee, Copper Avenue Sewer Lift Station
Benefit Service Fee (hereinafter, "Fees") in accordance with the provisions of Chapters 9, 11, 12
and 14 of the Fresno Municipal Code, Resolution Nos. 95-117, 95-118 and 2003-264 (hereafter,
"Ordinances and Resolutions"); and
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
Fee Deferral
Tract No. 5145
Page 3
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.
COVENANTS, CONDITIONS, AND RESTRICTIONS
NOW, THEREFORE, the Covenantor hereby covenants as follows:
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.
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
Statement of Covenants
Fee Deferral
Tract No. 5145
Page 4
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.
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,
Statement of Covenants
Fee Deferral
Tract No. 5145
Page 5
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 agree that the prevailing party shall be paid reasonable attorney's fees.
12. The conditions and obligations of this Statement,foreach 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
Statement of Covenants
Fee Deferral
Tract No. 5145
Page 6
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
Fee Deferral
Tract No. 5145
Page 7
DATED: lCLsz I
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
THOMPSON FOGG, LLC, a Limited Liability
Company
By:
IP
ovino, Director By:
Plann' and Development Department B an 76 o7?-�
By:
Steven Fogg
APPROVED AS TO FORM:
HILDA CANTO-MONTOY
City Attorney
------------
By:[ &',",- A - I
Deputy
(Attach Notary Acknowledgment)
State ofI C-I RIGHT THUMBPRINT(Optional)
County of
On C1 C before me, �JW-ACL,
(DATE) INAME(rITL OF OFFICER•i.a.'JANE DOE,NOTARY PUB 1
personally appeared �fu aft p F� Ct�
INAMEISI OF SIGNERISII
CAPACITY CLAIMED BY SIGNERIS)
E29QOINDIVIDUAL(S)
OCORPORATE
Y_personally known to me -OR- 0proved to me on the OFFICER(S) ITITLf9)
basis Of satisfactory OPARTNER(S) OLIMITED
evidence to be the OGENERAL
person(s)whose name(s) OATTORNEY IN FACT
Is/are subscribed to the OTRUSTEEIS)
within instrument and OGUARDIAN/CONSERVATOR
acknowledged to me that OOTHER:
he/she/they executed the
pAMELAJ.N0LLI�AY same in his/her/their
W authorized capacity(ies), SIGNER IS REPRESENTING:
COMM.#1431990 s
N a"' ;-CALIFORNIA v► and that by his/her/their (Nems of Person(s)or Entitylias)
y NOTARY PUBLIC N
N FaESHOCOU 2�t signature(s) on the
µY Comm.Exp.�gh instrument the person(s),
or the entity upon behalf
of which the person(s)
acted, executed the RIGHT THUMBPRINT(Optional)
instrument.
Witnes my ha d and offi ial seal.
0
(SEAL) o
r
(SIGI A RE OF NOTARY)
OL
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUAL(S)
OCORPORATE
ATTENTION NOTARY
OFFICERISI
The information requested below and in the column to the right is OPTIONAL. (TITISS)
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any OPARTNER(S) OLIMITED
unauthorized document. OGENERAL
OATTORNEY IN FACT
THIS CERTIFICATE Trtb or Type of Document OTRUSTEE(S)
MUST BE ATTACHED OGUARDIAN/CONSERVATOR
TO THE DOCUMENT Number of Pages Date of Document OOTHER:
DESCRIBED AT RIGHT:
Signer(s)Other Than Named Above
SIGNER IS REPRESENTING:
(Name of Person(s)or Entityliss)
WOLCOTTS FORM 83240 Rev.3.94(price clan 8-2A) 1994 WOLCOTTS FORMS,INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATIONITWO FINGERPRINTS
111111111111111111111 1
7 67775 6324 s
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On October 7, 2004 before me, Erika Leyva
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
persons(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),or the entity upon behalf of the CITY OF FRESNO
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
1l.
By i l re �
DE
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on May 13,2004, in the office of the Fresno County Recorder, as Document No.
2004-105362 of which the Deed of Trust in, by and between Thompson Fogg, LLC, as Trustor,
Chicago Title Company,as Trustee and County Bank, Beneficiary, hereby expressly subordinates
said Deed of Trust and its beneficial interest thereto to the foregoing statement of covenants
affecting land development deferring certain sewer connection charges,water connection charges,
urban growth management fees and development fees for the Final Map of Tract No. 5145.
DATED: September 23, , 2004
TRUSTEE or BENEFICIARY
By: I r ( -
Mark Barsotti, Vice President
(Trustee/Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On this 23rd day of September,in the year 2004,before me,
Cynthia Islas
a Notary Public in and for said County and State,personally appeared
Mark Eiarsotti
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose names)is/are subscribed to
the within instrument and acknowledged to me that he/he/they executed the same in his/her/their authorized capacity(ies),and that
by his/her/their 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.
Signa a of NotaryCYNtHIA ISLAS
N =
A'1311584
COMM. cn
y A. ° NOTARY PUBLIC-CALIFORNIA y
FRESNO COUNTY
my Comm.Exp. N
p JuIY 1,2005
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: 7, 10, 14, 15, & 16.
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)
16 - 1.0 inch Meters @ $_L20/Meter = $ 5.120.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area:-B
3.6700 Net Acres @ $700.00/ac. _ $ 2.569.00
Estimated Net Deferred UGM TGM Charge = $ 1.746.99
D. Transmission Grid Main Bond Debt Service Charge
For Parcels Under 5 Gross Acres
3.6700 Net Acres @ $304.00/ac. _ $ 1.115.68
Estimated Deferred TGM Bond Debt Service Charge = $ 758.68
E. Frontage Fee
0 Lineal Feet @ $6.50 IF = $ 0.00
F. 1994 Bond Debt Service Fee
301 1994 Bond Debt Service Area.
16 Units @ $60/ Unit = $ 960.00
Estimated Deferred 1994 Bond Debt Service Fee = $____§60.00
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: 22
0 Square Feet @ $0.05/ Sq. Ft. _ $ 0.00
B. Lateral Sewer Charge
0 Square Feet @ $0.10/Sq. Ft. _ $ 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
III. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 16
3.6700 Gross Acres @ $ 1.242/GA = $ 4,558.14
Estimated Net Deferred UGM Fire Station Fee = $ 3.099.65
B. UGM Neighborhood Park Fee
Service Area: 4
3.6700 Gross Acres @ $ 1,230/GA = $ 4,514.10
Estimated Net Deferred UGM Neighborhood Park Fee = $ 3,069.71
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: E-4
3.6700 Net Adj Acres @ $ 2,435/NAA = $ 8,936.45
Estimated Net Deferred UGM Major Street Charge = $ 6.077.03
E. UGM Major Street Bridge Charge
Service Area: E-4
3.6700 Net Adj Acres @ $_L35/NAA = $ 495.45
Estimated Net Deferred UGM Major Street Bridge Charge = $ 336.92
F. UGM Traffic Signal Charge
3.6700 Net Adjusted Acres @ $ 860/NAA = $ 3,156.20
Estimated Net Deferred UGM Traffic Signal Charge = $ 2,146.29
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\defena11t5145exhibitA August 9,2004
EXHIBIT W -PRORATED FEE OBLIGATIONS
T-5145 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Water 1994 Fire Neighborhood Major Major Traffic
Lot Lot Meter T.G.M. Bond Debt Bond Debt Station Park Street Bridge Signal
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due
1 6204 $320.00 $134.96 $58.61 $60.00 $239.46 $237.14 $469.47 $26.03 $165.81
2 6677 $320.00 $145.25 $63.08 $60.00 $257.72 $255.23 $505.26 $28.01 $178.45
3 6686 $320.00 $145.46 $63.17 $60.00 $258.09 $255.59 $505.99 $28.05 $178.71
4 6480 $320.00 $140.98 $61.23 $60.00 $250.14 $247.72 $490.41 $27.19 $173.20
5 1 8629 $320.00 $187.74 $81.53 $60.00 $333.10 $329.89 $653.07 $36.21 $230.65
6 6153 $320.00 $133.84 $58.12 $60.00 $237.47 $235.18 $465.57 $25.81 $164.43
7 6005 paid paid paid paid paid paid paid paid paid
8 6284 $320.00 $136.71 $59.37 $60.00 $242.56 $240.22 $475.56 $26.37 $167.96
9 7536 $320.00 $163.94 $71.20 $60.00 $290.88 $288.07 $570.28 $31.62 $201.41
10 8659 paid paid paid paid paid paid paid paid paid
11 8841 $320.00 $192.29 $83.51 $60.00 $341.18 $337.88 $668.89 $37.08 $236.24
12 7963 $320.00 $173.25 $75.24 $60.00 $307.40 $304.43 $602.66 $33.41 $212.85
13 8857 $320.00 $192.64 $83.66 $60.00 $341.80 $338.50 $670.11 $37.15 $236.67
14 6171 paid paid paid paid paid paid paid a paid
15 7803 paid paid paid paid paid paid paid paid paid
16 9150 paid aid 2aid 2aid paid eaid
i
document:\q\print\h 09-Aug-04 i