HomeMy WebLinkAboutT-5210 - Agreement/Covenant - 12/28/2005 (3) h
WHEN RECORDED MAIL TO:
1212812005,20050302183
City Cleric
City of Fresno
2600 Fresno Street '
Fresno, CA 83721-3603
NO FEE-Govemment Code 6103
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O CITY of FRESNO
Z Planning and Development Department
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V P.W. File No. 10777
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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. 5214
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Statement of Covenants
Fee Deferral
Tract No. 5210
Page 2
RECITALS
WHEREAS, SELF HELP ENTERPRISES, a California Non-Profit 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 41, inclusive, of Tract No. 5210 according
to the map thereof recorded on l��r�rnb,�,�' 22 , 20Q =
in Volume '21/ , of Plats at Page(s) /D 1- /1
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. 5210 (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, 95-116
and 2003-264 (hereafter, "Ordinances and Resolutions"); and
WHEREAS, said Ordinances and Resolutions provide the Covenantor the option to
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iiefer certain Fee obligations, more particularly identified in the attached Exhibit A, to the time
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Statement of Covenants
Fee Deferral
Tract No. 5210
Page 3
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.faciiitate 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
Statement of Covenants
Fee Deferral
Tract No. 5210
Page 4
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.
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.}At the sole discretion of the Planning and Development Director, a request for
"t mporary utility connection" or a "temporary or safe to occupy"may be made subject to the
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Statement of Covenants
Fee Deferral
Tract No. 5210
Page 5
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 fife 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
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Subject Property.
In the event that litigation is instituted to enforce the processing of this
Statement of Covenants
Fee Deferral
Tract No. 5210
Page 6
covenant, the parties agree that the prevailing party shall be paid reasonable attorney's fees.
12. The conditions andobligationsof this Statement, for each tot or parcel I 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
Fee Deferral
Tract No. 5210
Page 7
DATED: a ®5-
CITY
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
SELF HELP ENTERPRISES,
a California Non-Profit Corporation
NICK P. YOVINO, Director
Planning and Development Department
Thomas J. Ili haw, Vice-President
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By: J
Carol.A. Glass, Assistant Secretary
APPROVED AS TO FORM:
HILDA CANTU-MONTOY
City Attorney
By (Attach Notary Acknowledgment)
Deputy
jD+A 05-31-05
STATE OF CALIFORNIA
COUNTY OF TULARE ss.
On September 1,_ 2005 before me, Paul Boyer, Notary Public, personally appeared Thomas J.
Collishaw and Carol A. Glass, 0 personally known to me -OR- 0 proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s)K/are subscribed to the
within instrument and acknowledged to me that k@4W/they executed the same in hi&A4er/their
authorized capacity(ies), and that by lir/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WIT SS my hand and official seal. CD PAUL BOYER
(j) Comm.#1523810
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NOTARY
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4.KJ UURE COUNTY �
MY COMM.EXPIRES NOV 28.2008
Paul Boyer, Not Public
FOR NOTARY STAMP OR SEAL
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On December.2, 2005, 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 1LsLJ
Deputy December 2,2005(1:50pm)
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EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT 5210
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)
41 - 1.0 inch Meters @ $ 330 /Meter _ $ 13,530.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: D
10.7980 Gross Acres @ $643.00 /ac. _ $ 6,943.11
Less Estimated TGM Credit _ $ 20,739.00
Estimated Net Deferred UGM TGM Charge _ $Paid w/ Credits
D. Transmission Grid Main Bond Debt Service Charge
For Parcels 5 Gross Acres and Above
10.7980 Gross Acres @ $243.00 /ac.. _ $ 2,623.91
E. Frontage Fee
863 Lineal Feet @ $ 6.50 /LF = $ 5,609.50
F. 1994 Bond Debt Service Fee
501 1994 Bond Debt Service Area.
41 Units @ $244.00 / Unit = $ 10,004.00
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
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r` Il. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES
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A.' UGM Oversize Sewer Charge
UGM Reimbursement Area: 32
rF 190,400 Square Feet @ $0.05 / Sq. Ft. _ $ 19,040.00
B. Lateral Sewer Charge
190,400 Square Feet @ $0.10 / Sq. Ft. _ $ 9,520.00
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
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III. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 15
10.7980 Gross Acres @ $ 605/GA _ $Paid w/Agreement
B. UGM Neighborhood Park Fee
Service Area: 2
10.7980 Gross Acres @ $ 2,392 /GA = $Paid w/Agreement
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
10.7980 Gross Acres @ $ /GA _ $ N/A
D. UGM Major Street Charge
Service Area: D-1/E-2
9.4409 Net Adj Acres @ $ 3,161 /NAA = $ 29,842.68
Less Estimated Major Street Credits = $ 70,189.00
Estimated Net Deferred UGM Major Street Charge = $Paid w/ Credits
E. UGM Major Street Bridge Charge
Service Area: D-1/E-2
.9.4409 Net Adj Acres @ $ 304 /NAA = $ 2,870.03
F. UGM Grade Separation Charge
Service Area:
Net Adjusted Acres @ $ /NAA = $ N/A
G. 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
IV. NON - URBAN GROWTH MANAGEMENT IMPACT FEES
A. Traffic Signal Charge
41 Units @ $414.69 / Unit _ $ 17,002.29
Less Estimated Traffic Signal Credits = $ 9,300.00
Estimated Net Deferred Traffic Signal Charge = $ 7,702.29
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docurnent 1wp51\deferral\t5210exhibitA November 28,2005
EXHIBIT"B"--PRORATED FEE OBLIGATIONS .
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T-5210 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Water 1994 Sewer Sewer Fire Neighborhood Major Traffic
Lot Lot Meter Frontage Bond Debt Bond Debt Lateral Oversize Station Park Bridge Signal
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due Due
1 5033 $330.00 $113.05 $52.88 $244.00 $383.72 $191.86 Paid Paid $57.85 $187.85
2 5029 $330.00 $112.96 $52.83 $244.00 $383.42 $191.71 Paid Paid $57.79 $187.85
3 5022 $330.00 $112.80 $52.76 $244.00 $382.89 $191.44 Paid Paid $57.73 $187.85
4 5489 $330.00 $123.29 $57.66 $244.00 $418.49 $209.25 Paid Paid $63.08 $187.85
5 6237 $330.00 $140.10 $65.54 $244.00 $475.52 $237.76 Paid Paid $71.68 $187.85
6 5403 $330.00 $121.36 $56.76 $244.00 $411.93 $205.97 Paid Paid $62.11 $187.85
7 5196 $330.00 $116.71 $54.60 $244.00 $396.15 $198.08 Paid Paid $59.71 $187.85
8 5315 $330.00 $119.39 $55.84 $244.00 $405.22 $202.61 Paid Paid $61.07 $187.85
9 5399 $330.00 $121.27 $56.72 $244.00 $411.63 $205.81 Paid Paid $62.05 $187.85
10 5294 $330.00 $118.91 $55.62 $244.00 $403.62 $201.81 Paid Paid $60.83 $187.85
11 5097 $330.00 $114.49 $53.56 $244.60 $388.60 $194.30 Paid Paid $58.58 $187.85
12 5504 $330.00 $123.63 $57.83 $244.00 $419.63 $209.82 Paid _ Paid $63.26 $187.85
13 8977 $330.00 $201.64 $94.33 $244.00 $684.42 $342.21 Paid Paid $103.18 $187.85
14 9763 $330.00 $219.30 $102.57 $244.00. $744.35 $372.17 Paid Paid $112.21 $187.85
15 5952 $330.00 $133.69 $62.55 $244.00 $453.79 $226.90 Paid Paid $68.40 $187.85
16 10758 $330.00 $241.65 $113.04 $244.00 $820.21 $410.10 Paid Paid $123.64 $187.85
17 10088 $330.00 $226.60 $106.00 $244.00 $769.13 $384.56 Paid Paid $115.95 $187.85
18 6220 $330.00 $139.71 $65.34 $244.00 $474.22 $237.11 Paid Paid $71.47 $187.85
19 5000 $330.00 $112.31 $52.54 $244.00 $381.21 $190.60 Paid Paid $57.46 $187.85
20 5000 $330.00 $112.31 $52.54 $244.00 $381.21 $190.60 Paid Paid $57.46 $187.85
21 5000 $330.00 $112.31 $52.54 $244.00 $381.21 $190.60 Paid Paid $57.46 $187.85
22 5000 $330.00 $112.31 $52.54 $244.00 $381.21 $190.60 Paid Paid $57.46 $187.85
23 5000 $330.00 $112.31 $52.54 $244.00 $381.21 $190.60 Paid Paid $57.46 $187.85
24 5000 $330.00 $112.31 $52.54 $244.00 $381.21 $190.60 Paid Paid $57.46 $187.85
25 5000 $330.00 $112.31 $52.54 $244.00 $381.21 $190.60 Paid Paid $57.46 $187.85
26 5000 $330.00 $112.31 $52.54 $244.00 $381.21 $190.60 Paid Paid $57.46 $187.85
27 5134 . $330.00. $115.32 $53.95 $244.00 $391.43 $195.71 Paid Paid $59.01 $187.85
28 6035 $330:00- $135.56 $63.40 $244.00 $460.12 $230.06 Paid Paid $69.34 $187.85
29 5285 $330.00 $118.71 $55.53 $244.00 $402.94 $201.47 Paid Paid $60.74 $187.85
30 5405 $330.00 $121.41 $56.79 $244.00 $412.09 $206.04 Paid Paid $62.11 $187.85
31 5564 $330.00 $124.98 $58.47 $244.00 $424.21 $212.10 . Paid Paid $63.93 $187.85
32 6002 $330.00 $134.82 $63.06 $244.00 $457.60 $228.80 Paid Paid $68.98 $187.85
33 8502 $330.00 $190.97 $89.33 $244.00 $648.21 $324.10 Paid Paid $97.71 $187.85
34 5802 $330.00 $130.32 $60.97 $244.00 $442.35 $221.18 Paid Paid $66.67 $187.85
35 5781 $330.00 $129.85 $60.75 $244.00 $440.75 $220.38 Paid Paid $66.42 $187.85
36 6601 $330.00 $148.27 $69.35 $244.00 $503.27 $251.64 Paid_ Paid $75.85 $187.85
37 6085 $330.00 $136.68 $63.93 $244.00 $463.93 $231.97 Paid Paid $69.92 $187.85
38 5857 $330.00 $131.56 $61.53 _ $244.00 $446.55 $223.27 Paid Paid $67.31 $187.85
39 7478 $330.00 $167.97 $78.56 $244.00 $570.14 $285.07 Paid Paid $85.94 $187.85
40 8192 $330.00 $184.01 $86.07 $244.00 $624.57 $312.29 Paid Paid _ $94.15 $187.85
41 6233 $330.00 $140.01 $65.49 1 $244.00 $475.21 $237.61 Paid Paid $71.62 $187.85
249732 $13,530.00 $5,609.50 $2,623.89 $10,004.00 $19,040.00 $9,520.00 $0.00 $0.00 $2,869.91 $7,702.04
document:\q\prinflh 28-Nov-05