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Home My WebLink AboutT-5211 - Agreement/Covenant - 4/25/2006 r ' r ' WHEN RECORDED MAIL TO: City Clerk ; City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 0411911006,10060081340 0 W NO FEE -Government Code 6103 Cr-- CI- 'E' CITY of FRESNO CDPlanning and Development Department U 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 THE FINAL MAP OF TRACT NO. 5211, PHASE 2 OF VESTING TENTATIVE MAP NO. 5029 Statement of Covenants Fee Deferral Tract No. 5211 Page 2 RECITALS WHEREAS, DC 5029, L.P., a California Limited Partnership, 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 40, inclusive,of Tract No.5211, Phase 2 of Vesting Tentative Tract No. 5029 according to the map thereof recorded on_A0/-i-/ /9 , 20,016 in Volume �, of Plats at Page(s) 2 3. 2� -f-2(, 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. 5211, Phase 2 of Vesting Tentative Tract No. 5029 (hereinafter, "Project"), require the payment of applicable sewer connection charges, water connection charges, traffic signal charge, 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. 5211 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 Statement of Covenants Fee Deferral Tract No. 5211 Page 4 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. 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 Statement of Covenants Fee Deferral Tract No. 5211 Page 5 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. 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 Statement of Covenants Fee Deferral Tract No. 5211 Page 6 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. 5211 Page 7 DATED: 09zl-�-:s" I—ee. CITY OF FRESNO, COVENANTOR a Municipal Corporation DC 5029 L.P. A California Limited Partnership By- �tin vino, Director By: Team 5 Properties, INC., g and Development Department A California Corporation as General Pa ner APPROVED AS TO FORM: By: JpatiEsC.S/►+ 1�EZ, i,,,Mr;m Stephen L. Keel, Vice President City Attorney By: (Attach Notary Acknowledgment) Deputy KALouisTT 5211TM 5211 Covenant fee deferral.wpd Ir: March 10, 2006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I State of California I ss. County of I ' I I I OnA& A aW o/o before me, AC. . Date N e and Title of icer(e.g.."Jane Doe,Nota ublic') personally appeared Nam_(s)of Signer(s) personally known to me rJ proved to me on the basis of satisfactory evidence I I to be the person( whose name(s) islafe subscribed to the within instrument and I I acknowledged to me that hels� executed SE•-oFr comm.D POE the same in his/�ie44*ejf authorized I � Wry h� 12614 v, capacity(ies), and that by hislei� N #16= NOTARY PUBLIC-CALIFORNIAC signature(*on the instrument the person(s), or ° FRESNO COUNTY ? I My Comm E�cp,Nav,e,2009 the entity upon behalf of which the person(%) acted, executed the instrument. I I I WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public I I 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. 1 , ,. Description of Attached Title or Type of Document: :AW2942;!!� 110, Document Date: Number of Pages: � _ I Signer(s) Other Than Named Above: a' fi Capacity(ies) ClaimW Signer's Name: ❑ Individual Top of thumb here l fNO Corporate Officer—Title(s): fi ❑ Partner—❑ Limited ❑ General - ❑ Attorney in Fact fi ❑ Trustee ❑ Guardian or Conservator fi ❑ Other: I Signer Is Representing: I � 0 1999 National Notary Association-9350 Oe Soto Ave.,P O.Box 2402•Chatsworth,CA 91313-2402•www.nafionalnotary.org Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION State of California) County of Fresno) On April 6. 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P. Yovino. Planning and Development Director, 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 be 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 the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK, CMC 10 B & Deputy EXHIBIT "A" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT 5211 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 @ $ 330.00 /Meter = $ 14,190.00 1 - 1.5 inch Meters @ $ 455.00 /Meter = $ 455.00 C. UGM Transmission Grid Main (TGM) Charge UGM Reimbursement Area: A 8.7970 Gross Acres @ $643.00 /ac. _ $ 5.656.47 Less TGM Credit" _ $ 5.656.47 Estimated Net Deferred UGM TGM Charge = $Paid w/ Credits D. Transmission Grid Main Bond Debt Service Charge 8.7970 Gross Acres @ $243.00/ac. _ $ 2.137.67 Estimated Net Deferred TGM Bond Debt Service Charge = $ 2,137.67 E. Frontage Fee 0 Lineal Feet @ $ 6.50/LF = $ 0.00 F. 1994 Bond Debt Service Fee 101 1994 Bond Debt Service Area. 44 Living Units @ $ 895.00/ Unit = $ 39.380.00 Estimated Deferred 1994 Bond Debt Service Fee = $ 39,380.00 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. UGM Water Supply Fee 4. Wellhead Treatment Fee 5. Recharge Fee II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES A. UGM Oversize Sewer Charge UGM Reimbursement Area: 43 44,900 Square Feet @ $0.05 / Sq. Ft. _ $ 2,245.00 Estimated Deferred UGM Oversize Sewer Charge = $ 2.245.00 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. Copper Avenue Sewer Lift Station Benefit Service Area Charge 44 Units @ $650.00/Unit = $ 28,600.00 Estimated Deferred Copper Avenue Sewer Lift Station Charge = $ 28.600.00 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: 21 8.7970 Gross Acres @ $ 1,388.00 /GA = $Paid w/Agreement B. UGM Neighborhood Park Fee Service Area: 7 8.7970 Gross Acres @ $ 2.450.00 /GA = $Paid w/Agreement C. UGM Trunk Sewer Fee (Res 83-40) Service Area: Herndon 8.7970 Gross Acres @ $ /GA = $ N/A D. UGM Major Street Charge Service Area: F 8.2068 Net Adj Acres @ $ 3,625.00 /NAA = $ 29,749.65 Less Estimated Major Street Credits* _ $ 29,749.65 Estimated Deferred UGM Major Street Charge = $Paid w/ Credits E. UGM Major Street Bridge Charge Service Area: F 8.2068 Net Adj Acres @ $ 72.00 /NAA = $ 590.89 Estimated Deferred UGM Major Street Bridge Charge = $ 590.89 F. UGM Grade Separation Charge Service Area: 8.2068 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 y IV. NON - URBAN GROWTH MANAGEMENT IMPACT FEES A. Traffic Signal Charge 44 Living Units @ $ 414.69 / Unit = $ 18,246.36 Less Estimated Traffic Signal Credits* _ $ 18,246.36 Estimated Deferred Traffic Signal Charge = $Paid w/ Credits *per Tract 5029 (phase 1) document:\wp51\deferra1\t5211exhibitA March 10,2006 EXHIBIT"B"-- PRORATED FEE OBLIGATIONS T-5211 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water TGM Water 1994 Sewer Sewer Copper Major Major Traffic Lot Lot Meter T.G.M. Bond Debt Bond Debt Oversize Lift Station Street Bridge Signal No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due Due Due 1 7580 $330.00 Paid $50.13 $895.00 $52.65 $650.00 Paid $13.86 Paid 2 7582 $330.00 Paid $50.16 $895.00 $52.67 $650.00 Paid $13.86 Paid 3 7583 $330.00 Paid $50.16 $895.00 $52.67 $650.00 Paid $13.87 Paid 4 9750 $330.00 Paid $64.49 $895.00 $67.73 $650.00 Paid $17.83 Paid 5 1 6771 $330.00 Paid $44.78 $895.00 $47.03 $650.00 Paid $12.38 Paid 6 6864 $330.00 Paid $45.39 $895.00 $47.68 $650.00 Paid $12.55 Paid 7 6616 $330.00 Paid $43.76 $895.00 $45.96 $650.00 Paid $12.10 Paid 8 7020 $330.00 Paid $46.44 $895.00 $48.76 $650.00 Paid $12.84 Paid 9 6741 $330.00 Paid $44.59 $895.00 $46.82 $650.00 Paid $12.33 Paid 10 1 6000 $330.00 Paid $39.68 $895.00 $41.68 $650.00 Paid $10.97 Paid 11 6332 $330.00 Paid $41.87 $895.00 $43.98 $650.00 Paid $11.58 Paid 12 9211 $330.00 Paid $60.92 $895.00 $63.98 $650.00 Paid $16.84 Paid 13 7397 $330.00 Paid $48.92 $895.00 $51.38 $650.00 Paid $13.52 Paid 14 6035 $330.00 Paid $39.92 $895.00 $41.92 $650.00 Paid $11.03 Paid 15 6000 $330.00 Paid $39.68 $895.00 $41.68 $650.00 Paid $10.97 Paid 16 6017 $330.00 Paid $39.80 $895.00 $41.80 $650.00 Paid $11.00 Paid 17 6832 $330.00 Paid $45.20 $895.00 $47.46 $650.00 Paid $12.49 Paid 18 10304 $330.00 Paid $68.16 $895.00 $71.57 $650.00 Paid $18.84 Paid 19 6289 $330.00 Paid $41.60 $895.00 $43.68 $650.00 Paid $11.50 Paid 20 6362 $330.00 Paid $42.09 $895.00 $44.19 $650.00 Paid $11.63 Paid 21 6514 $330.00 Paid $43.08 $895.00 $45.25 $650.00 Paid $11.91 Paid 22 7106 $330.00 Paid $47.00 $895.00 $49.36 $650.00 Paid $12.99 Paid 23 9876 $330.00 Paid $65.32 $895.00 $68.60 $650.00 Paid $18.06 Paid 24 7273 $330.00 Paid $48.11 $895.00 $50.52 $650.00 Paid $13.30 Paid 25 6510 $330.00 Paid $43.06 $895.00 $45.22 $650.00 Paid $11.90 Paid 26 6405 $330.00 Paid $42.35 $895.00 $44.49 $650.00 Paid $11.71 Paid 27 6405 $330.00 Paid $42.35 $895.00 $44.49 $650.00 Paid $11.71 Paid 28 6405 $330.00 Paid $42.35 $895.00 $44.49 $650.00 Paid $11.71 Paid 29 6405 $330.00 Paid $42.35 $895.00 $44.49 $650.00 Paid $11.71 Paid 30 6405 $330.00 Paid $42.35 $895.00 $44.49 $650.00 Paid $11.71 Paid 31 6405 $330.00 Paid $42.35 $895.00 $44.49 $650.00 Paid $11.71 Paid 32 6405 $330.00 Paid $42.35 $895.00 $44.49 $650.00 Paid $11.71 Paid 33 6405 $330.00 Paid $42.35 $895.00 $44.49 $650.00 Paid $11.71 Paid 34 6405 $330.00 Paid $42.35 $895.00 $44.49 $650.00 Paid $11.71 Paid 35 6405 $330.00 Paid $42.35 $895.00 $44.49 $650.00 Paid $11.71 Paid 36 6405 $330.00 Paid $42.35 $895.00 $44.49 $650.00 Paid $11.71 Paid 37 6405 $330.00 Paid $42.35 $895.00 $44.49 1 $650.00 Paid 1 $11.71 Paid 38 7847 $330.00 Paid $51.90 $895.00 $54.51 $650.00 Paid $14.35 Paid 39 10615 $330.00 Paid $70.20 $895.00 $73.73 $650.00 Paid $19.40 Paid 40 20593 1 $455.00 1 Paid $136.20 $895.00 $143.04 $650.00 Paid $37.65 Paid 11 41 1 6639 1 $330.00 Paid 1 $43.91 $895.00 $46.12 $650.00 Paid $12.14 Paid document:\q\print\h 10-Mar-06 EXHIBIT"B"--PRORATED FEE OBLIGATIONS T-5211 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water TGM Water 1994 Sewer Sewer Copper Major Major Traffic Lot Lot Meter T.G.M. Bond Debt Bond Debt Oversize Lift Station Street Bridge Signal No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due Due Due 42 6467 $330.00 Paid $42.77 $895.00 1 $44.92 $650.00 Paid $11.82 Paid 43 !6991 $330.00 Paid $46.24 $895.00 $48.56 $650.00 Paid $12.78 Paid 44 621 $330.00 Paid $43.79 $895.00 $45.99 $650.00 Paid $12.10 Paid document:\q\print\h 10-Mar-06 Tract No. 5211 P.W. File No. 10886 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 23, 2005 , in the office of the Fresno County Recorder as Document No. 2005-0224500 of which the Deed of Trust in by and between: DC5029 L.P. as Trustor, Chicago Title INsurance Co. , as Trustee, and California Bank & Trust as 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 to the time of Issuance of Certificate of Occupancy and Creation of Lien for the Final Map of Tract No. 5211, Phase 2 of Vesting Tentative Tract No. 5029. DATED: /:i- , BENEFICIARY Cwt FtaftA t 0. 8�4�1k 'I12�S'T A 6zt,41M, 13u�-4 By: By: Sheffie Hilliard Vice President & Manager (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno ss. I I I I on March 13, 2006 before me, Brenda C. Poe, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Sheffie Hilliard Name(s)of Signer(s) personally known to me proved to me on the basis of satisfactory evidence lI to be the person(§�,whose name(s,) is/ate subscribed to the within instrument and PSEPV of rye BRENDA C. POE acknowledged to me that he lqe� executed ., d COMM.#1612614 cn the same in his/I^r,L,-i-R,r authorized U) 0m NOTARY PUBLIC-CALIFORNIAcn fiFRESNO COUNTY 4:1. capacity(ie , and that by his/herftheir u My COMM Exp.Nov.8,2119 signature(4 on the instrument the person(fi), or the entity upon behalf of which the person(s) acted, executed the instrument. I I WITNESS my hand and official se .tv Place Notary Seal Above Signature of Notary Public I I !• I 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. I Description of Attached Document fi Title or Type of Document: Subordination (Statement of Covenant) I I Document Date: Number of Pages: I• I Signer(s) Other Than Named Above: None I Capacity(ies) Claimed by Signer fi Signer's Name: ❑ Individual Top of thumb here 1Kj Corporate Officer—Title(s): Vice President ❑ Partner—❑ Limited ❑ General Attorney in Fact Cl Trustee EJ I Guardian or Conservator fi ❑ Other: Signer Is Representing: California Bank & Trust I I ,—.T 0 1999 National Notary Association-9350 De Soto Ave.,PO.Box 2402-Chatsworth,CA 91313-2402-www.nalionalnolary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827