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Home My WebLink AboutT-5215 - Agreement/Covenant - 12/5/2005 (2) f WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 -1-172312005,21050276164-- ILL 1-171371005,11050276164ILL Z Q V uj NO FEE - Government Code 6103 W CITY of FRESNO Planning and Development Department 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. 5215 }.j Via,. - Statement of Covenants I Fee Deferral I. Tract No. 5215 Page 2 RECITALS WHEREAS, Spradling Construction 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 35, inclusive of Tract No. 5215 according to the map thereof recorded on A10Ve- 4be,(' c2� ; 2005 in Volume Q3 , of Plats at Page(s) SIJ`- 4- 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. 5215 (hereinafter, "Project'), require the payment of applicable sewer connection chargbs, 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 k f I Fresno Municipal Code; and Statement of Covenants Fee Deferral Tract No. 5215 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. j 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 Statement of Covenants Fee Deferral Tract No. 5215 Page 4 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 ins` ection of a building. This time period approximates with the Uniform Building Code and Fresno .:� P . 9 P PP 9 Munpal 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. .T Statement of Covenants Fee Deferral Tract No. 5215 Page 5 r 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 t the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not 'p Statement of Covenants Fee Deferral Tract No. 5215 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. p iT .L _ Statement of Covenants Fee Deferral Tract No. 5215 Page 7 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation Spradling Construction Inc., a California Corporation By: Sherman S15radling, President By Ni'c-lrP. Vbvino, Director Plannin nd Development Department APPROVED AS TO FORM: HILDA CANTO-MONTOY_ City Attorney (Attach Notary Acknowledgment) By Deputy K:\Louisr\FT 5215\FT5215 Covenant fee deferral v01-1 3-05.wpd Irjb 01-13-05 t t CLERK'S CERTIFICATE y STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On `� 2, 2 DO 5 before me, �ri.oLc ti � personally appeared 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, CMC CITY CLERK By — -� - Tract No. 5215 P.W. File No. 10759 - ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA} COUNTY OF FRESNO} i On (:%;, before me KELLY G. SWERTFAGER personally appeared: P�l'LVyanr 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 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 my hand and official seal. Signature r (NOTARY SEAL) I KELLY G.SwERTFAGER comm.#1352032 -+ NOTARY KRX-CALIFORMA FRESNO couNTy h1Y can.Ex�es May14,2006 j • i i i. - EXHIBIT "A." DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT 5215 Project Zoning: R-1/UGM L WATER CONNECTION CHARGES A. Service Connections (flat rate cost basis only) inch Services @ $_/Service _ $ N/A B. Meters (flat rate cost basis only) 35 - 1 inch Meters @ $ 330 /Meter .. _ $ 11,550.00 C. UGM Transmission Grid Main (TGM) Charge UGM Reimbursement Area: A 7.6785 Gross Acres @ $ 643.00 /ac: _ $ Previously Paid D. Transmission Grid Main Bond Debt Service Charge For Parcels 5 Gross Acres and Above 7.6785 Gross Acres @ $243.00 /ac. _ $ 1,868.06 E. Frontage Fee Lineal Feet @ $ 6.50 /LF _ $ Previously Paid F. 1994 Bond Debt Service Fee - 1994 Bond Debt Service Area. 35 Units @ $0.00 /Unit _ $ N/A 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 .,i . a• ,r, IL SEWER CONNECTION CHARGES & SEWER RELATED CHARGES* A. UGM Oversize Sewer Charge UGM Reimbursement Area: Square Feet @$0.05/ Sq. Ft. _ $ Previously Paid B. Lateral Sewer Charge Square Feet @ $0.10 / Sq. .Ft _ $ Previously Paid C. Copper Avenue Sewer Lift Station Charge Units @ $650.00/Unit = $ N/A D. Housebranch Sewer Charge _ $ N/A E. Millbrook Sewer Overlay Net Adj Gross Ac @ $ /NAA = $ N/A Units @ $ /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 Not in Urban Growth Management (UGM) service area. IV. NON - URBAN GROWTH MANAGEMENT (UGM) IMPACT FEES A. Traffic Signal Charge 35 Units @ $414.69 / Unit = $ 14,514.15** _ $ 0.00 ** 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. document:\wp51\deferra1\t5261exhibitAAugust 16,2005 aW EXHIBIT "B" -- PRORATED FEE OBLIGATIONS T-5215 Sewer, Water. & UGM Fees DUE-DEFERRED BY COVENANT Water Water TGM Lot Lot Meter Bond Debt No. Area Amount Amount Due Due 1 7384 $330.00 $56.45 2 7002 $330.00 $53.53 3 9971 $330.00 $76.23 4 9242 $330.00 $70.66 5 9025 $330.00 $69.01 6 8623 $330.00 $65.93 7 5985 . $330.00 $45.76 8 6456 $330.00 $49.35 9 6521 $330.00 $49.86 10 5982 $330.00 $45.73 11 5990 $330.00 $45.81 12 7996 $330.00 $61.14 13 7036 $330.00 $53.80 14 8013 $330.00 $61.26 15 6040 $330.00 $46.17 16 6001 $330.00 $45.88 17 6554 $330.00 $50.11 18 6521 $330.00 $49.86 19 5969 $330.00 $45.64 20 6003 $330:00 $45.90 21 7998 $330.00 $61.16 22 7033 $330.00 $53.78 23 8013 $330.00 $61.26 24 6040 $330.00 $46.17 25 6001 $330.00 $45.88 26 6554 $330.00 $50.11 27 6521 $330.00 $49.86 28 5969 $330.00 $45.64 29 6003 $330.00 $45.90 30 7993 $330.00 $61.11 31 7028 $330.00 $53.73 32 r =:7998' $330.00 $61.16 33 6035 $330.00 $46.15 34 5983 $330.00 $45.76 35 6550 $330.00 1 $50.08 document:\q\print\h 16-Aug-05 7iiiiiiiiiiiin7r,M77 Statement of Covenants Fee Deferral Tract No. 5215 Page 9 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on October 3, 2003, in the office of the Fresno County Recorder as Document No. 20030239299 of which the Deed of Trust in by and between: Spradling Construction Inc., a California Corporation, as Trustor, Chicago Title Company, a California Corporation, as Trustee, and Jack McClellan, an unmarried man, as Beneficiary, hereby expressly subordinates_ said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees and Creation of Lien for Tract No. 5215 DATED: JQ_i�tem�,�n ZOOS BENEFICIARY C�L J c:1L M c:Cl el�cw� (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) { �2 'Y ' i ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA} COUNTY OF FRESNO} On74 before me, KELLY G. SWERTFAGER personally appeared: click M& Clete pe,so, atly knnwm4e-Rq�q(or 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 my hand and official seal. Signature (NOTARY SEAL) KELLY G. SWERTFAGER COMM.#1352032 -' NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY My Comm.Expires May '4 Tract No.: 5215 P.W. No.: 10759 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 10, 2005, in the office of the Fresno County Recorder as Document No. 20050129793 of which the Deed of Trust in by and between: Spradling Construction Inc., a California Corporation, as Trustor, Estate Financial, Inc., a California corporation, as Trustee, and Estate Financial, Inc., a California corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees and Creation of Lien for Tract No. 5215 DATED: S c A'�ef BEN I ARY (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) 'CA LIFORNIAALL-PURPOSE ACKNOWLEDGEMENT State of. ( _G'l rn q County of Si�. `ZC� ► On �na�,Z S before me, e LJ ��j Name and Title of Officer(e.g.,"JanefDoe,Notary Public") personally appeared '50 y C, I G Ck do, , T- Name(s)of Signer(s) personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person) whose name( is/fire subscribed to the within instrument and acknowledged to me that he/slue/t'iey -executed the same in SHERRY DAVIS his/Iter/their authorized capacityoz), and that by his/Mss/fNeir coMm.#1463543 m si na ure on the instrument the erson or the entity upon o Notary Public-California N g p ) y p W = SAN LUIS OBISPO COUNTY 7 behalf of which the person acted, executed the instrument. My Comm.Exp.Jan 17,2068 WITNES y hand and o ial seal. Signature of Notary Public ----------------------------------------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 Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee +: E] Trustee ❑ Guardian or Conservator . . ❑ Guardian or Conservator ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: 1