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Home My WebLink AboutT-5368 - Agreement/Covenant - 2/7/2006 (4) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 LLJ r0 0210ZIZ006,Z00600Z3a04 oc � O `O NO FEE - Government Code 6103 Z C:) CITY of FRESNO Planning and Development Department P.W. File No. 10811 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. 5368/UGM Y. s. Statement of Covenants Fee Deferral Tract No. 5368/UGM Page 2 RECITALS WHEREAS, Fresno Park Communities, LLC, a California Limited Liability Company, 5521 Reseda Boulevard, Suite 203, Tarzana, California 91356, 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 38, inclusive, and Outlot A of Tract No. 5368 according to the map thereof recorded on r2!,br%4j0,�x.12 , 206(. in Volume 1?14 , of Plats at Page(s) :55' 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. 5368 (hereinafter, "Project'), require the payment of applicable sewer connection charges, water connection charges, 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 C Statement of Covenants Fee Deferral Tract No. 5368/UGM Page 3 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) 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 a 4 ri, C Statement of Covenants Fee Deferral Tract No. 5368/UGM Page 4 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 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 Statement of Covenants Fee Deferral Tract No. 5368/UGM Page 5 "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. 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, �w s, Statement of Covenants Fee Deferral Tract No. 5368/UGM Page 6 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 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. t' � Statement of Covenants Fee Deferral Tract No. 5368/UGM Page 7 DATED: l2 10 O� CITY OF FRESNO, COVENANTOR a Municipal Corporation Fresno Park Communities, LLC, a California Limited Liability Company By By: Nic P.ta vino, DirectorTim Sp te, Managing Member Planninnd Development Department APPROVED AS TO FORM: HILDA CANTO-MONTOY City Attorney By Deputy (Attach Notary Acknowledgment) 0. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT File No: O STATE OF California )SS APN No: COUNTY OF FRESNO ) On 11/30/2005 before me, C.70Y - personally appeared TIM SPATE 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. WITNESS my handpq offici i sea 0•JOY COMM.#1393936 OlMy NOTARY PUBLIC-CALIFORNIA Signature ~ FRESNO COUNTY Comm.Expires Jan.16,2007 This area for official notarial seal. OPTIONAL SECTION CAPACITY ICL_A_IMED BY SIGNER S � Though statute does not require the Notary to fill in the data below;doing so may prove invaluable to persons relying on the documents. INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE ., Reproduced by First American Title Insurance 1/2001 `7k ri f �. Tract No. 5368/UGM P.W. File No. 10811 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on 2- 8a in the office of the Fresno County Recorder as Document No. 205 a -] 1 I ? of which the Deed of Trust in by and between: ` vu Iq I f1C-,5 Las Trustor, as Trustee, [� and LS� _ � � LA/1 c' , 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. 5368. DATED: BEN CIAR /?7 1 �N�� ► 1NC �j (Beneficiary to print/type document information, Name and Title;and attach Notary Acknowledgment) ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State ofG, t � County ofG On `J b �/t� g Z,c717� before me, Name ane.g.,"Jane[Joe,Notary Public") personally appeared 4 E J DN C1 C Names)of Signer(s) ❑ -OR- proved to me on the basis of satisfactory. evidence to be the person() whose name(s.� is/mQ_ subscribed to the within instrument and acknowledged to me that he/sizle/they executed the same in his/hk/Mkir .authorized capacityoes),, and that- by his/hw/tNir SHEDAVISCOMM.#146354343 (Sy�signatureon the instrument the person(, or the entity upon rn a)t; NotaryPublic-California conn behalf of which the person acted, executed the instrument. UJ s SAN LUIS OBISPO COUNTY My Comm.Exp.Jan 17,2008 W ITN ES y hand and official seal. signature of" otary 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 ElGeneral ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator - ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: r !fi+ CLERK'S CERTIFICATION STATE OF CALIFORNIA COUNTY OF FRESNO CITY OF FRESNO On January 10, 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P. Yovino,Planning and Development Director, 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 E. KL ISCH, CMC CITY CLERK By �fQa� Deputy January 10,2006(4:20pm) ,` .� •+rte y�� EXHIBIT"A" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT 5368 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) 33 - 1.0 inch Meters @ $_130.00 /Meter = $ 10,890.00 1 - 1.5 inch Meters @ $_455.00 /Meter = $ 455.00 C. UGM Transmission Grid Main (TGM) Charge UGM Reimbursement Area: B 9.9754 Gross Acres @ $643.00 /ac. _ $ 6,414.18 Less amount to be paid for E.I.B.P.* _ $ 630.78 Estimated Net Deferred UGM TGM Charge = $ 5,783.40 D. Transmission Grid Main Bond Debt Service Charge 9.9754 Gross Acres @ $243.00 /ac. _ $ 2,424.02 Less amount to be paid for E.I.B.P,* _ $ 238.38 Estimated Net Deferred TGM Bond Debt Service Charge = $ 2,185.64 . E. Frontage Fee 110 Lineal Feet @ $ 3.25/LF = $ 357.50 311 Lineal Feet @ $ 6.50 /LF = $ 2,151.50 Sub-Total Frontage Fee = $ 2,509.00 Less amount to be paid for E.I.B.P.* _ $ 246.74 Estimated Net Deferred Frontage Fee - $ 2,262.26 F. 1994 Bond Debt Service Fee 301 1994 Bond Debt Service Area. 38 Units @ $ 60.00/ Unit = $ 2,280.00 Less amount to be paid for E.I.B.P.* _ $ 240.00 Estimated Deferred 1994 Bond Debt Service Fee = $ 2.040.00 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 33,100 Square Feet @ $0.05/ Sq. Ft. _ $ 1,655.00 Less amount to be paid for E.I.B.P.* _ $ 162.76 -Estimated Deferred UGM Oversize Sewer Charge = $ 1,492.24 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. The following sewer connection charges are not deferrable under the terms of this covenant: 1. Trunk Sewer Charge 2. Wastewater Facilities Sewer Charge gyp_ 1 u III. URBAN GROWTH MANAGEMENT FEES A. UGM Fire Station Fee Service Area: 16 9.9754 Gross Acres @ $ 1,242.00 /GA = $Paid w/Agreement B. UGM Neighborhood Park Fee Service Area: 4 9.9754 Gross Acres @ $ 1,783.00 /GA = $Paid w/Agreement C. UGM Trunk Sewer Fee (Res 83-40) . Service Area: Cornelia 9.9754 Gross Acres @ $ /GA = $ N/A D. UGM Major Street Charge Service Area: E-4 9.5575 Net Adj Acres @ $ 3,531.00 /NAA = $ 33.747.53 Less amount to be paid for E.I.B.P.* _ $ 3.318.79 Estimated Deferred UGM Major Street Charge = $ 30,428.74 E. UGM Major Street Bridge Charge Service Area: E-4 9.5575 Net Adj Acres @ $ 196.00 /NAA = $ 1,873.27 Less amount to be paid for E.I.B.P.* _ $ 184.22 Estimated Deferred UGM Major Street Bridge Charge = $ 1,689.05 F. UGM Grade Separation Charge Service Area: E-4-A 9.5575 Net Adjusted Acres @ $ 443.00 /NAA = $ 4,233.97 Less amount to be paid for E.I.B.P.* _ $ 416.38 Estimated Deferred UGM Grade Separation Charge = $ 3,817.59 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 i ry IV. NON - URBAN GROWTH MANAGEMENT IMPACT FEES A. Traffic Signal Charge 38 Units @ $414.69 / Unit = $ 15,758.22 Less amount to be paid for E.I.B.P.* _ $ 1,658.76 Estimated Deferred Traffic Signal Charge = $_ 14,099.46 * Early Issuance of model home Building Permit. document:1wp511deferra11t5368exhibitA November 2,2005 • EXHIBIT"B"-- PRORATED FEE OBLIGATIONS T-5368 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water Water TGM Water 1994 Sewer Major Major Traffic Grade Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Oversize Street Bridge Signal Seperation No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount Amount Due Due Due Due. Due Due Due Due Due Due 1 6987 $330.00 $53.42 $136.57 $51.61 $60.00 $35.24 $718.56 $39.89 $414.69 $90.15 2 6518 $330.00 $49.83_ $127.38 $48.14 $60.00 $32.87 $670.18 $37.20 $414.69 $84.08 3 7311 $330.00 $55.89 $142.87 $53.99 $60.00 $36.87 $751.75 $41.73 $414.69 $94.31 4 8338 $330.00 $63.75 $162.94 $61.58 $60.00 $42.05 $857.33 $47.59 $414.69 $107.56 5 8671 $330.00 $66.29 $169.49 $64.05 $60.00 $43.73 $891.58 $49.49 $414.69 $111.86 6 8705 $330.00 $66.55 $170.14 $64.30 $60.00 $43.90 $895.11 $49.69 $414.69 $112.30 7 8705 $330.00 $66.55 $170.14 $64.30 $60.00 $43.90 $895.11 $49.69 $414.69 $112.30 8 8705 $330.00 $66.55 $170.14 $64.30 $60.00 $43.90 $895.11 $49.69 $414.69 $112.30 9 8705 $330.00 $66.55 $170.14 $64.30 $60.00 $43.90 $895.11 $49.69 $414.69 $112.30 10 8705 $330.00 166.55 $170.14 1 $64.30 $60.00 $43.90 $895.11 $49.69 $414.69 1 $112.30 11 8705 $330.00 $66.55 $170.14 $64.30 $60.00 $43.90 $895.11 $49.69 $414.69 $112.30 12 8705 $330.00 $66.55 $170.14 $64.30 $60.00 $43.90 $895.11 $49.69 $414.69 $112.30 13 8705 $330.00 $66.55 $170.14 $64.30 $60.00 $43.90 $895.11 $49.69 $414.69 $112.30 14 8705 $330.00 $66.55 $170.14 $64.30 $60.00 $43.90 $895.11 $49.69 $414.69 $112.30 15 8705 $330.00 $66.55 $170.14 1 $64.30 $60.00 $43.90 $895.11 $49.69 $414.69 $112.30 16 8705 $330.00 $66.55 $170.14 $64.30 $60.00 $43.90 $895.11 $49.69 $414.69 $112.30 17 9341 $330.00 $71.41 $182.55 $68.99 $60.00 $47.11 $960.43 $53.31 $414.69 $120.50 18 9360 $330.00 $71.56 $182.93 $69.13 $60.00 $47.20 $962.55 $53.43 $414.69 $120.76 19 8725 $330.00 $66.71 $170.52 $64.44 $60.00 $44.00 $897.23 $49.80 $414.69 $112.57 20 8724 $330.00 $66.70 $170.52 $64.44 $60.00 $44.00 $897.23 $49.80 $414.69 $112.57 21 8723 $330.00 $66.69 $170.46 $64.42 $60.00 $43.99 $896.87 $49.78 $414.69 $112.52 22 8722 $330.00 $66.68 $170.46 $64.42 $60.00 $43.99 $896.87 $49.78 $414.69 $112.52 23 9354 $330.00 $71.51 $182.80 $69.08 $60.00 $47.17 $961.84 $53.39 $414.69 $120.67 24 8721 $330.00 $66.67 $170.46 $64.42 $60.00 $43.98 $896.87 $49.78 $414.69 $112.52 25 8720 $330.00 $66.67 $170.46 $64.42 $60.00 $43.98 $896.87 $49.78 $414.69 $112.52 26 8719 $330.00 $66.66 $170.40 $64.40 $60.00 $43.97 $896.52 $49.76 $414.69 $112.48 27 8718 $330.00 $66.65 $170.40 $64.40 $60.00 $43.97 $896.52 $49.76 $414.69 $112.48 28 8718 $330.00 $66.65 $170.40 $64.40 $60.00 $43.97 $896.52 $49.76 $414.69 $112.48 29 8717 $330.00 $66.64 $170.40 $64.40 $60.00 $43.96 $896.52 $49.76 $414.69 $112.48 30 9475 $330.00 $72.44 $185.18 $69.98 $60.00 $47.78 $974.20 $54.08 $414.69 $122.22 31 10091 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid 32 7361 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid 33 7411 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid 34 7411 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid 35 8812 $330.00 $67.37 $172.26 $65.10 $60.00 $44.44 $906.05 $50.29 $414.69 $113.67 36 12751 $455.00 $97.49 $249.23 $94.19 $60.00 $64.30 $1,311.06 $72.77 $414.69 $164.49 37 7977 $330.00 $60.99 $155.93 $58.93 $60.00 $40.23 $820.25 . $45.53 1 $414.69 $102.91 38 8045 $330.00 $61.51 $157.21 $59.41 $60.00 . $40.57 . $827.31 $45.92 $414.69 $103.79 document:lglpHntlh 01-Nov-05