HomeMy WebLinkAboutT-5356 - Agreement/Covenant - 4/17/2006 WHEN RECORDED MAIL TO:
City Clerk 04/11/2006,20060075461
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
W
O p NO FEE - Government Code 6103
Z U
V 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. 5356
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5356
Page 2
RECITALS
WHEREAS, WWB INVESTORS, 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 9, inclusive, of Tract No. 5356 according to the map thereof
recorded on l 11 A 20 0( in Volume -7 S ,
of Plats at 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 Tentative Map No. 5356 (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 "N', 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. 5356
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
Planning and Development Director and shall be adjusted to reflect the Fee rates in effect at the
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5356
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 inspection,
with provisions for one (1) extension of said permit, not to exceed a period of 180 days.
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5356
Page 5
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.
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5356
Page 6
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. 5356
Page 7
DATED: ` t
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
WWB INVESTORS, LLC
a California Limited Liability Company
By:
I P. ovino, Director By: i
Plan n' and Development Department Lee Brand Managing P rmw
MrM6f By:
Ken Warkentin, Managing Pa4peF
APPROVED AS TO FORM:
JAMEGL C- SANC,HEs
Y
City Attorney
By:
puty
(Attach Notary Acknowledgment)
STATE OF CALIFORNIA
COUNTY OF FRESNO } S.S.
On February 10,2006 before me,
Jaime Harlan
JAIME HARiAN
a Notary Public,personally appeared ; COMM. #1495329
NOTARY PUBLIC-CALIFORNIA
Lee Brand and Ken Warkentin s FRESNO COUNTY `
My Comm.Expires June 18,2008
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) 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.
WITNES my h nd and official sea
Signatu ! (This area for official notorial seal)
notryack rev.(010698)
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On April 6. 2006, before me, Elvia Sommerville, Deputy Cily 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
d
By
Deputy
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT 5356
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)
9 - 1.0 inch Meters @ $ 330.00 /Meter = $ 2,970.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: B
2.6270 Net Adj. Acres @ $804.00/ac. _ $ 1,705.36
Less TGM Credit = $ 0.00
Estimated Net Deferred UGM TGM Charge = $ 1,705.36
D. Transmission Grid Main Bond Debt Service Charge
2.6270 Net Adj. Acres @ $304.00 /ac. _ $ 644.81
Estimated Net Deferred TGM Bond Debt Service Charge = $ 644.81
E. Frontage Fee
329 Lineal Feet @ $ 6.50 /LF = $ 2,138.50
Estimated Deferred Frontage Fee = $ 2,138.50
F. 1994 Bond Debt Service Fee
301 1994 Bond Debt Service Area.
9 Living Units @ $ 60.00/ Unit = $ 540.00
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: 21
65,800 Square Feet @ $0.05 / Sq. Ft. _ $ 3,290.00
Estimated Deferred UGM Oversize Sewer Charge = $ 3,290.00
B. Lateral Sewer Charge
32,900 Square Feet @ $0.10 / Sq. Ft. _ $ 3,290.00
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
III. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 16
2.6270 Gross Acres @ $ 1.242.00 /GA = $Paid w/ Agreement
B. UGM Neighborhood Park Fee
Service Area: 4
2.6270 Gross Acres @ $ 1.783.00 /GA = $Paid w/Agreement
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area: Cornelia
2.6270 Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: E-4
2.1211 Net Adj Acres @ $ 3,531.00 /NAA = $ 7,489.60
Less Estimated Major Street Credits = $ 0.00
Estimated Deferred UGM Major Street Charge = $ 7,489.60
E. UGM Major Street Bridge Charge
Service Area: E-4
2.1211 Net Adj Acres @ $ 196.00 /NAA = $ 415.74
Estimated Deferred UGM Major Street Bridge Charge = $ 415.74
F. UGM Grade Separation Charge
Service Area: E-4-A
2.1211 Net Adjusted Acres @ $ 443.00 /NAA = $ 939.65
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
v
IV. NON - URBAN GROWTH MANAGEMENT IMPACT FEES
A. Traffic Signal Charge
9 Living Units @ $ 414.69 / Unit = $ 3,732.21
Estimated Deferred Traffic Signal Charge = $ 3,732.21
document:\wp51\deferral\t5356exhibitA February 7,2006
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