HomeMy WebLinkAboutT-5340 - Agreement/Covenant - 8/31/2006 r
WHEN RECORDED MAIL TO:
IIXO
u-
z City Clerk
O City of Fresno
U 2600 Fresno Street
QFresno, CA 93721-3603
J 0813012006,20060182511
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NO FEE - Government Code 6103
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 THE
FINAL MAP OF TRACT NO. 5340
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5340
Page 2
RECITALS
WHEREAS, STOCKBRIDGE VENTURE II, LLC., a California Limited Liability
Company, 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 22, inclusive, of Tract N . 5340 according to the map
thereof recorded on , 20 in
Volume , of Plats t Page(s)
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. 5340 (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
Final Map of Tract No. 5340
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.
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5340
Page 4
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.
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.
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5340
Page 5
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.
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.
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5340
Page 6
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
Final Map of Tract No. 5340
Page 7
.� ., DATED: 08 2 Z OG
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
STOCKBRIDGE VENTURE II, LLC.
A California Limited Liability Company
By: By:
Nick P. ovino, Director Guy Sto , anager
Planni and Development Department
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: (Attach Notary Acknowledgment)
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
F
f California
of Fresno
August 14, 2006 before me, Eve L. Contreras, Notary Public,
ally appeared Guy Stockbridge
personally known to me
9 EVE L.CONTRERAS--I ❑ proved to me on the basis of satisfactory evidence
Commission#1481595
Notary Public-California
Fresno County to be the person whose name is subscribed
10MY
Comm.Expires Apr 9,2008f to the within instrument and acknowledged to me that
he executed the same in his
authorized capacity, and that by his
signature on the instrument the person, or the
entity upon behalf of which the person acted,
executed the instrument.
WITNESS, my han and official seal.
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: Statement of Covenants for Tract 5340
Document Date: August 14, 2006
Signer(s) Other Than Named Above: Nick P. Yovino, Director
Capacity(ies) Claimed by Signer
Signer's Name: Guy Stockbridge
❑ Individual
Corporate Officer-Title(s): Manager
❑ Partner-0 Limited 0 General
❑Attorney-in-Fact
❑Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: Stockbridge Venture II, LLC
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on FEBRUARY 22, 2006 , in the office of the Fresno County Recorder as
Document No. 2006-0037447 of which the Deed of Trust in by and between:
STOCKBRIDGE VENTURE ii, LLC as Trustor,
UNITED.SECURITY BANK , as Trustee, and
UNITED SECURITY BANK , 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 the Final Map of Tract No. 5340.
DATED: . JULY 229 2006
BEN ICIARY
WILLIAM T KEENER,
VICE PRESIDENT .& R/E CONSTRUCTION MANAGER
(Beneficiary to prinUtype Name and Title;
and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County o'f.. ''� •• ''�--�1/U) I.'-
On JILl��_, before me, I RA I A NhNGII — ,
ate Name and Title of Officer(e.g.,"Jane Doe, otary Public")
personally appeared A, T. ��P�Iet2
Name(s)of Signer(s)
Ypersonally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
CAROL MIRANDA to the within instrument and acknowledged to me that
Commission#1504938 he/she/they executed the same in his/her/their
•-� Notary Public-California authorized capacity(ies), and that by his/her/their
• Fresno county signature(s) on the instrument the person(s), or the
My Comm.Expires Aug 1,2008
entity upon behalf of which the person(s) acted,
executed the instrument.
WI ESS nd d official seal.
Place Notary Seal Above
gnature 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—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ GeneralElPartner—ElLimited ElGeneral
❑ Attorneyin Fact •
Top of thumb here ❑ Attorney in Fact Top of thumb here
El Trustee ElTrustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0211111111k,1101141WNobiry Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on FEBRUARY 22, 2006 in the office of the Fresno County Recorder as
Document No. 2006-0037448 of which the Deed of Trust in by and between:
STOCKBRIDGE VENTURE II, LLC as Trustor,
FINANCIAL TITLE COMPANY, A CALIFORNIA CORPORATION
as Trustee, and
JAMES EDWARD POPLIN AND DEBRA LYNN POPLIN, HUSBAND AND WIFE AS
, as Beneficiary,
JOINT TENANTS
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 the Final Map of Tract No. 5340.
DATED:
BENEFICIARY
J sa.:>�
(Beneficiary to printitype Name and Title;
and attach Notary Acknowledgment)
STATE OF OREGON,
ss.
Countyof ------------------------------
On___ ___l A a S�S2 ___________-before me personally appepred ____` LCA__ 31 ________
---- ---- =r- ----- ---- �`v �- - ---------------------------------------
whose identity was established to my satisf ction, and who executed the foregoing instrument, acknowledging to me that the same was
executed freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand(= y official seal on the.4ate firs written above.
OFFICIALSEAL
DAWN E BALLEW Notary Public for Oregon C
NOTARY PUBLIC-OREGON My commission expires ___________ 7lato Q
-----------
COMMi`SION NO. 380128
C n;?,;+S)SIO ON FXII Ir ES fi1AY7.2TI
FORM NO.23-ACKNOWLEDGMENT,INDIVIDUAL. EB COPYRIGHT 2001 STEVENS-NESS LAW PUBLISHING CO.,PORTLAND,OR 97204
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On August 24. 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
a
By
Deputy
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT 5340
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)
22 - 1.0 inch Meters @ $ 330.00/Meter = $ 7,260.00
0 - 1.5 inch Meters @ $ 455.00/Meter = $ 0.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
5.6284 Gross Acres @ $643.00/ac. _ $ 3,619.06
Estimated Net Deferred UGM TGM Charge = $ 3.619.06
D. Transmission Grid Main Bond Debt Service Charge
5.6284 Gross Acres @ $243.00/ac. = $ 1.367.70
Estimated Net Deferred TGM Bond Debt Service Charge = $ 1.367.70
E. Frontage Fee
643 Lineal Feet @ $ 6.50/LF = $ 4,179.50
Estimated Net Deferred Frontage Fee = $ 4,179.50
F. 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Area.
22 Living Units @ $ 895.00/ Unit = $ 19,690.00
Estimated Net Deferred 1994 Bond Debt Service Fee = $ 19.690.00
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: 2
90,700 Square Feet @ $0.05 / Sq. Ft. _ $ 4,535.00
Estimated Net Deferred UGM Oversize Sewer Charge = $ 4,535.00
B. Lateral Sewer Charge
67300 Square Feet @ $0.10 / Sq. Ft. _ $ 6,730.00
Estimated Net Deferred Lateral Sewer Charge = $ 6,730.00
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
III. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 13
5.6284 Gross Acres @ $ 251.00 /GA = $ 1.412.73
Estimated Net Deferred UGM Fire Station Fee = $ 1,412.73
B. UGM Neighborhood Park Fee
Service Area: 7
5.6284 Gross Acres @ $ 2,450.00 /GA = $ 13,789.58
Estimated Net Deferred UGM Neighborhood Park Fee = $ 13,789.58
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area: Herndon
5.6284 Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: F
4.8018 Net Adj Acres @ $ 3,625.00/NAA = $ 17,406.53
Estimated Deferred UGM Major Street Charge = $ 17,406.53
E. UGM Major Street Bridge Charge
Service Area: F
4.8018 Net Adj Acres @ $_Z2.00/NAA = $ 345.73
Estimated Deferred UGM Major Street Bridge Charge = $ 345.73
F. :AGM Grade Separation Charge
Service Area:
4.8018 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
22 Living Units @ $ 414.69 / Unit = $ 9.123.18
Estimated Deferred Traffic Signal Charge = $ 9,123.18
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