HomeMy WebLinkAboutT-5310 - Agreement/Covenant - 8/2/2005 (2) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603 ? 06/29/2005110050144670
NO FEE- Government Code 6103
CITY of FRESNO
Planning and Development Department
O
LL
Z
O
V
Lu STATEMENT OF COVENANTS AFFECTING LAND
N
`r DEVELOPMENT DEFERRING CERTAIN SEWER
W
CONNECTION CHARGES, WATER CONNECTION
CHARGES, URBAN GROWTH MANAGEMENT AND
DEVELOPMENT FEES TO THE TIME OF ISSUANCE OF
CERTIFICATE OF OCCUPANCY AND CREATION OF
LIEN FOR TRACT NO. 5310
Y
Statement of Covenants
Fee Deferral
Tract No. 5310
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 Califomia, 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 89, inclusive, of Tract No. 5310 according
to the map thereof recorded on Jun e o?el , 20 0,5
in Volume 7� , of Plats at Page(s) 23 1 a- 9U
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. 5310 (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
WHEREAS,the Covenantor,as a condition of issuance of building permit(s)forthe Project
Statement of Covenants
Fee Deferral
Tract No. 5310
Page 3
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 there-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
Statement of Covenants
Fee Deferral
Tract No. 5310
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 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
Statement of Covenants
Fee Deferral
Tract No. 5310
Page 5
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 Jien
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 prevailingparty 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
Statement of Covenants
Fee Deferral
Tract No. 5310
Page 6
affect the validity or enforceability of anyone 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. 5310
Page 7
DATED: Z'ywf C, 2 OO
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
LENNAR FRESNO, Inc.,
a C=Lufton,
By By:
Ni ktgand
ino, Director President
ilk
Development Department
APPROVED AS TO FORM:
HILDA CANTO-MONTOY
City Attorney
(Attach Notary Acknowledgment)
By
Deputy
jb+ak 03-1405
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF Fresno }
On . April 8, 2005 before me, Tauna Rothermel , personally appeared.
STEVE LUTTON
�rsonally 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 my hand and official seal. ROTHERw-L
e0mminion*1351179
Z H�ry Public-CgIffomia y
,-- pyo rwnty
*cWM.moires Apr 13,2006
Sig t
(NOTARY SEAL)
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On June 10, 2005, before me, Erika Leyva, Deputy City Clerk, personally appeared Nick P.
Yovino,Director Planning and Development Department,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
CITY CLEl3,K;�°,.rA�,n��ll�r���r
ByZZP ,
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: R-1
L WATER CONNECTION CHARGES
A. Service Connections (flat rate cost basis only)
-_ inch Services @ $_/Service = $ N/A
B. Meters (flat rate cost basis only)
89 - 1.0 inch Meters @ $ 330/Meter = $ 29,370.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: Non-UGM
19.2714 Gross Acres @ $ 643 /GA = $ 12,391.51
Less TGM Credit = $ 0.00
Estimated Net Deferred UGM TGM Charge = $ 12,391.51
D. Transmission Grid Main Bond Debt Service Charge
For Parcels 5 Gross Acres and Above
19.2714 Gross Acres @ $243.00 /ac. _ $ 4,682.95
E. Frontage Fee
505 Lineal Feet @ $ 6.50 /LF = $ 3,282.50
Estimated Deferred Frontage Fee = $ 3,282.50
F. 1994 Bond Debt Service Fee
1994 Bond Debt Service Area. _ $ 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
II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: Non-UGM
50,500 Square Feet @ $0.05 / Sq. Ft. _ $ 2,525.00
Less Oversize Credit = $ 3,342.00
Less Overdepth Credit = $ 20,051.00
Estimated Net Deferred UGM Oversize Charge = $Paid w/ Credits
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
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
Ill. URBAN GROWTH MANAGEMENT FEES
Not in Urban Growth Management (UGM) service area.
IV. NON - URBAN GROWTH MANAGEMENT (UGM) IMPACT FEES
A. Traffic Signal Charge
89 Units @ $414.69 / Unit = $ 36,907.41
document:\wp51\defercal\t5310exhibitA April 1,2005
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-5310 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Signal
No. Area Amount Amount Amount Amount Amount
Due Due Due Due Due
1 8772 $330.00 $48.16 $181.78 $68.70 $414.69
2 6200 $330.00 $34.04 $128.47 $48.55 $414.69
3 6273 $330.00 $34.44 $130.01 $49.13 $414.69
4 6324 $330.00 $34.72 $131.04 $49.52 $414.69
5 6324 $330.00 $34.72 $131.04 $49.52 $414.69
6 6324 $330.00 $34.72 $131.04 $49.52 $414.69
7 6324 $330.00 $34.72 $131.04 $49.52 $414.69
8 6324 $330.00 $34.72 $131.04 $49.52 $414.69
9 6324 $330.00 $34.72 $131.04 $49.52 $414.69
10 6324 $330.00 $34.72 $131 .04 $49.52 $414.69
11 6324 $330.00 $34.72 $131.04 $49.52 $414.69
12 6324 $330.00 $34.72 $131.04 $49.52 $414.69
13 6324 $330.00 $34.72 $131.04 $49.52 $414.69
14 6324 $330.00 $34.72 $131.04 $49.52 $414.69
15 6324 $330.00 $34.72 $131.04 $49.52 $414.69
16 6120 $330.00 $33.60 $126.86 $47.94 $414.69
17 6758 $330.00 $37.10 $140.05 $52.93 $414.69
18 7026 $330.00 $38.57 $145.64 $55.04 $414.69
19 6360 $330.00 $34.92 $131.82 $49.82 $414.69
20 6572 $330.00 $36.08 $136.19 $51.47 $414.69
21 6572 $330.00 $36.08 $136.19 $51.47 $414.69
22 6572 $330.00 $36.08 $136.19 $51.47 $414.69
23 1 6572 $330.00 $36.08 $136.19 $51.47 $414.69
24 6572 $330.00 $36.08 $136.19 $51.47 $414.69
25 6572 $330.00 $36.08 $136.19 $51.47 $414.69
26 6572 $330.00 $36.08 $136.19 $51.47 $414.69
27 6572 $330.00 $36.08 $136.19 $51.47 $414.69
28 6572 $330.00 $36.08 $136.19 $51.47 $414.69
29 6572 $330.00 $36.08 $136.19 $51.47 $414.69
30 6572 $330.00 $36.08 $136.19 $51.47 1 $414.69
document: 1glprintlh 01-Apr-05
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
a,
T-5310 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Signal
No. Area Amount Amount Amount Amount Amount
Due Due Due Due Due
31 6572 $330.00 $36.08 $136.19 $51.47 $414.69
32 6273 $330.00 $34.44 $130.01 $49.13 $414.69
33 6500 $330.00 $35.68 $134.71 $50.91 $414.69
34 8475 $330.00 $46.53 $175.67 $66.39 $414.69
35 8478 $330.00 $46.54 $175.73 $66.41 $414.69
36 6500 $330.00 $35.68 $134.71 $50.91 $414.69
37 6333 $330.00 $34.77 $131.24 $49.60 $414.69
38 6200 $330.00 $34.04 $128.47 $48.55 $414.69
39 1 6200 $330.00 $34.04 $128.47 $48.55 $414.69
40 6200 $330.00 $34.04 $128.47 $48.55 $414.69
41 6200 $330.00 $34.04 $128.47 $48.55 $414.69
42 6200 $330.00 $34.04 $128.47 $48.55 $414.69
43 6200 $330.00 $34.04 $128.47 $48.55 $414.69
44 6200 $330.00 $34.04 $128.47 $48.55 $414.69
45 6200 $330.00 $34.04 $128.47 $48.55 $414.69
46 6200 $330.00 $34.04 $128.47 $48.55 $414.69
47 6200 $330.00 $34.04 $128.47 $48.55 $414.69
48 1 6200 $330.00 $34.04 $128.47 $48.55 $414.69
49 6200 $330.00 $34.04 $128.47 $48.55 $414.69
50 6000 $330.00 $32.94 $124.36 $47.00 $414.69
51 6624 $330.00 $36.36 $137.28 $51.88 $414.69
52 7147 $330.00 $39.24 $148.15 $55.99 $414.69
53 6696 $330.00 $36.76 $138.76 $52.44 $414.69
54 6588 $330.00 $36.17 $136.5,1 $51 .59 $414.69
55 6480 $330.00 $35.57 $134.32 $50.76 $414.69
56 6480 $330.00 $35.57 $134.32 $50.76 $414.69
57 6480 $330.00 $35.57 $134.32 $50.76 $414.69
58 6480 $330.00 $35.57 $134.32 $50.76 $414.69
59 6480 $330.00 $35.57 $134.32 $50.76 $414.69
60 6480 $330.00 $35.57 $134.32 1 $50.76 $414.69
61 6804 $330.00 $37.35 $141.01 $53.29 $414.69
document: \q\print\h 01-Apr-05
rk EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-5310 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Signal
No. Area Amount Amount Amount Amount Amount
Due Due Due Due Due
62 6696 $330.00 $36.76 $138.76 $52.44 $414.69
63 6696 $330.00 $36.76 $138.76 $52.44 $414.69
64 6696 $330.00 $36.76 $138.76 $52.44 $414.69
65 6512 $330.00 $35.75 $134.97 $51.01 $414.69
66 6538 $330.00 $35.89 $135.48 $51 .20 $414.69
67 6722 $330.00 $36.90 $139.34 $52.66 $414.69
68 6721 $330.00 $36.90 $139.27 $52.63 $414.69
69 6720 $330.00 $36.89 $139.27 $52.63 $414.69
70 6828 $330.00 $37.48 $141.52 $53.48 $414.69
71 6502 $330.00 $35.69 $134.77 $50.93 $414.69
72 6501 $330.00 $35.69 $134.71 $50.91 $414.69
73 6500 $330.00 $35.68 $134.71 $50.91 $414.69
74 6499 $330.00 $35.68 $134.71 $50.91 $414.69
75 6498 $330.00 $35.67 $134.64 $50.88 $414.69
76 6497 $330.00 $35.67 $134.64 $50.88 $414.69
77 6604 $330.00 $36.25 $136.89 $51.73 $414.69
78 6712 $330.00 $36.85 $139.08 $52.56 $414.69
79 7166 $330.00 $39.34 $148.53 $56.13 $414.69
80 9320 $330.00 $51.17 $193.16 $73.00 $414.69
81 8000 $330.00 $43.92 $165.77 $62.65 $414.69
82 7750 $330.00 $42.55 $160.62 $60.70 $414.69
83 7750 $330.00 $42.55 $160.62 $60.70 $414.69
84 7750 $330.00 $42.55 $160.62 $60.70 $414.69
85 7750 $330.00 $42.55 $160.62 $60.70 $414.69
86 7750 $330.00 $42.55 $160.62 $60.70 $414.69
87 7682 $330.00 $42.17 $159.21 $60.17 $414.69
88 7159 $330.00 $39.30 $148.34 $56.06 $414.69
89 9446 $330.00 $51.86 $195.73 $73.97 $414.69
document: \q\print\h 01-Apr-05