HomeMy WebLinkAboutT-5173 - Agreement/Covenant - 8/11/2006 (2) i
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WHEN RECORDED MAIL TO:
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GC LL City of Fresno
(D O 2600 Fresno Street
Z V Fresno, CA 93721-3603
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04/28/2004,20040092558
NO FEE -Government Code 6103
CITY of FRESNO
Planning and Development Department
P.W. File No. 10621 ,.
JAF: North Backer Avenue (T-5173, 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. 5173/UGM
Statement of Covenants
Fee Deferral
Tract No. 5173
Page 2
RECITALS
WHEREAS, Lennar Fresno, 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, of Tract No. 5173 according to the map thereof recorded
on A,pr i / a 1 , 20OLI in volume—(09 _, of Plats
at Page(s) Q5 d- a(o 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 Tentative Map No. 5173 (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
Statement of Covenants
Fee Deferral
Tract No. 5173
Page 3
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
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.
Statement of Covenants
Fee Deferral
Tract No. 5173
Page 4
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.
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.
Statement of Covenants
Fee Deferral
Tract No. 5173
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
Fee Deferral
Tract No. 5173
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.
U/
Statement of Covenants
Fee Deferral
Tract No. 5173
Page 7
DATED: 4::�I
CITY OF FRESNO, COVENANTOR
a Municipal Corporation Lennar Fresno, Inc.,
A California Corporation
By 7711 By:
Nick Yovino, Director S e Lutton, Vice-President
Planni and Development Department
APPROVED AS TO FORM:
HILDA CANTO-MONTOY
City Attorney (Attach Notary Acknowledgment)
By
Deputy
FORM Covenant fee deferral v9-22-03
J.B. 3-05-04
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF Fresno }
On March 10, 2004 before me, Tauna Rothermel , personally appeared
STEVE LUTTON
personally known to me
❑ 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), an 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 m hand and official seal. TAUNA� EL
y commisslc r f 1351179
Notary public-calMornin z
Fresno county
MY Comrn.Expires Apr 13.2=
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(NOTARY SEAL)
CLERK'S CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF FRESNO
CITY OF FRESNO
On April 22, 2004, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Nick P. Yovino, Planning and Development 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.
WITNESS my hand and official City Seal.
REBECCA E. KL ISCH, CMC
CITY CLERK
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By C�
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)
48 - 1.0 inch Meters @ $-220 /Meter = $ 15,360.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
10.2958 Gross Acres @ $ 560/GA = $ 5,765.65
Less TGM Credit = $ 0.00
Estimated Net Deferred UGM TGM Charge = $ 5,765.65
D. Transmission Grid Main Bond Debt Service Charge
For Parcels 5 Gross Acres and Above
10.2958 Gross Acres @ $243.00 /ac. _ $ 2,501.88
E. Frontage Fee
521 Lineal Feet @ $ 6.50 /LF = $ 3,384.88
Estimated Deferred Frontage Fee = $ 3,384.88
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
I1. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: 2
52,075 Square Feet @ $0.05 / Sq. Ft. _ $ 2.603.75
Less Oversize Credit = $ 0.00
Estimated Net Deferred UGM Oversize Charge = $ 2,603.75
B. Lateral Sewer Charge
52.075 Square Feet @ $0.10/ Sq. Ft. _ $ 5,207.50
C. Housebranch Sewer Charge = $ N/A
D. Millbrook Sewer Overlay
_ Net Adj Gross Ac @ $ /NAA = $ N/A
Units @ $ /Unit = $ N/A
E. Copper Avenue Sewer Lift Station Benefit Service Area Charge
Units @ $650.00 Unit = $ N/A
F. 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: 13
10.2958 Gross Acres @ $-Z51 /GA = $ 2.584.25
B. UGM Neighborhood Park Fee
Service Area: 7
10.2958 Gross Acres @ $ 1.690 /GA = $ 17,399.90
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: F
9.6383 Net Adj Acres @ $ 2.500 /NAA = $ 24.095.75
E. UGM Major Street Bridge Charge
Service Area: F
9.6383 Net Adj Acres @ $ 50 /NAA = $ 481.92
F. UGM Traffic Signal Charge
9.6383 Net Adjusted Acres @ $ 860 /NAA = $ 8,288.94
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\deferraNW 73exhibitAr March 5,2004
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-5173 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Water 1994 Sewer Sewer Fire Neighborhood
Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Lateral Oversize Station Park
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due
1 8818 $320.00 $92.36 $157.25 $68.23 $895.00 $142.02 $71.01 $70.48 $474.55
2 6180 $320.00 $64.73 $110.21 $47.82 $895.00 $99.53 $49.77 $49.40 $332.59
3 6242 $320.00 $65.38 $111.33 $48.31 $895.00 $100.53 $50.27 $49.90 $335.97
4 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
5 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
6 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
7 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
8 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
9 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
10 6219 $320.00 $65.14 $110.88 $48.11 $895.00 $100.16 $50.08 $49.70 $334.62
11 9595 $320.00 $100.49 $171.08 $74.24 $895.00 $154.53 $77.27 $76.68 $516.30
12 9087 $320.00 $95.17 $162.06 $70.32 $895.00 $146.35 $73.18 $72.64 $489.09
13 5706 $320.00 $59.76 $101.75 $44.15 $895.00 $91.90 $45.95 $45.61 $307.07
14 6012 $320.00 $62.97 $107.18 $46.51 $895.00 $96.83 $48.41 $48.04 $323.47
15 6003 $320.00 $62.87 $107.02 $46.44 $895.00 $96.68 $48.34 $47.97 $322.96
16 5673 $320.00 $59.42 $101.14 $43.89 $895.00 $91.37 $45.68 $45.33 $305.21
17 9053 $320.00 $94.82 $161.45 $70.06 $895.00 $145.80 $72.90 $72.36 $487.23
18 9699 $320.00 $101.58 $172.93 $75.04 $895.00 $156.21 $78.10 $77.51 $521.87
19 6274 $320.00 $65.71 $111.89 $48.55 $895.00 $101.05 $50.52 $50.15 $337.66
20 6345 $320.00 $66.45 $113.12 $49.09 $895.00 $102.19 $51.09 $50.70 $341.38
21 6345 $320.00 $66.45 $113.12 $49.09 $895.00 $102.19 $51.09 $50.70 $341.38
22 6345 $320.00 $66.45 $113.12 $49.09 $895.00 $102.19 $51.09 $50.70 $341.38
23 6345 $320.00 $66.45 $113.12 $49.09 $895.00 $102.19 $51.09 $50.70 $341.38
24 6345 $320.00 $66.45 $113.12 $49.09 $895.00 $102.19 $51.09 $50.70 $341.38
25 6345 $320.00 $66.45 $113.12 $49.09 $895.00 $102.19 $51.09 $50.70 $341.38
26 6285 $320.00 $65.83 $112.06 $48.62 $895.00 $101.22 $50.61 $50.23 $338.17
27 6225 $320.00 $65.20 $110.99 $48.16 $895.00 $100.26 $50.13 $49.75 $334.96
28 8922 $320.00 $93.45 $159.10 $69.04 $895.00 $143.69 $71.85 $71.31 $480.13
29 8479 $320.00 $88.81 $151.20 $65.61 $895.00 $136.56 $68.28 $67.77 $456.30
30 6180 $320.00 $64.73 $110.21 $47.82 $895.00 $99.53 $49.77 $49.40 $332.59
31 6235 $320.00 $65.30 $111.16 $48.24 $895.00 $100.42 $50.21 $49.82 $335.47
32 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
33 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
34 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
35 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
36 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
37 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
38 7065 $320.00 $74.00 $126.00 $54.68 $895.00 $113.78 $56.89 $56.48 $380.25
39 7064 $320.00 $73.99 $125.94 $54.65 $895.00 $113.77 $56.88 $56.45 $380.08
40 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
41 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
42 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
43 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
44 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
45 6300 $320.00 $65.98 $112.34 $48.75 $895.00 $101.46 $50.73 $50.35 $339.01
46 6234 $320.00 $65.29 $111.16 $48.24 $895.00 $100.40 $50.20 $49.82 $335.47
47 6180 $320.00 $64.73 $110.21 $47.82 $895.00 $99.53 $49.77 $49.40 $332.59
48 8438 $320.00 $88.38 $150.47 $65.29 $895.00 $135.90 $67.95 $67.44 $454.10
document:\q\print\h 05-Mar-04
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
Major Major Traffic
Lot Street Bridge Signal
No. Amount Amount Amount
Due Due Due
1 $657.25 $13.14 $226.09
2 $460.50 $9.21 $158.41
3 $465.25 $9.31 $160.05
4 $469.50 $9.39 $161.51
5 $469.50 $9.39 $161.51
6 $469.50 $9.39 $161.51
7 $469.50 $9.39 $161.51
8 $469.50 $9.39 $161.51
9 $469.50 $9.39 $161.51
10 $463.50 $9.27 $159.44
11 $715.00 $14.30 $245.96
12 $677.25 $13.54 $232.97
13 $425.25 $8.51 $146.29
14 $448.00 $8.96 $154.11
15 $447.25 $8.95 $153.85
16 $422.75 $8.46 $145.43
17 $674.75 $13.50 $232.11
18 $722.75 $14.46 $248.63
19 $467.50 $9.35 $160.82
20 $472.75 $9.46 $162.63
21 $472.75 $9.46 $162.63
22 $472.75 $9.46 $162.63
23 $472.75 $9.46 $162.63
24 $472.75 $9.46 $162.63
25 $472.75 $9.46 $162.63
26 $468.25 $9.37 $161.08
27 $464.00 $9.28 $159.62
28 $665.00 $13.30 $228.76
29 $631.75 $12.64 $217.32
30 $460.50 $9.21 $158.41
31 $464.75 $9.30 $159.87
32 $469.50 $9.39 $161.51
33 $469.50 $9.39 $161.51
34 $469.50 $9.39 $161.51
35 $469.50 $9.39 $161.51
36 $469.50 $9.39 $161.51
37 $469.50 $9.39 $161.51
38 $526.50 $10.53 $181.12
39 $526.50 $10.53 $181.12
40 $469.50 $9.39 $161.51
41 $469.50 $9.39 $161.51
42 $469.50 $9.39 $161.51
43 $469.50 $9.39 $161.51
44 $469.50 $9.39 $161.51
45 $469.50 $9.39 $161.51
46 $464.50 $9.29 $159.79
47 $460.50 $9.21 $158.41
48 $628.75 1 $12.57 $216.29
document:\q\print\h 05-Mar-04