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HomeMy WebLinkAboutT-5457 - Agreement/Covenant - 5/18/2006 WHEN RECORDED MAIL TO: City Clerk City of Fresno Z p 2600 Fresno Street U. Fresno, CA 93721-3603 Z 0 05/09/2006,20060097629 W V) 9 NO FEE - Government Code 6103 J a 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. 5457, PHASE 4 OF TENTATIVE MAP NO. 5247 Statement of Covenants Fee Deferral Final Map of Tract No. 5457 Page 2 RECITALS WHEREAS, GRANTLAND AVENUE, 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 66, inclusive, of Tract No. 5457 according to the map thereof recorded on h4at4 9 , 20_Q�,_ in Volume 7s , of Plats at Page(s) A6 1- 161 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. 5457(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. 5457 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. 5457 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 Statement of Covenants Fee Deferral Final Map of Tract No. 5457 Page 5 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, 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. 5457 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. 5457 Page 7 DATED: ma/-ch 23� CITY OF FRESNO, COVENANTOR a Municipal Corporation GRANTLAND AVENUE, LLC, A California Limited Liability Company By: Granville Management, Inc., A California Corporation, Its Manager By: By: FF. vino, Director Darius Assemi, Vice President Plannin nd Development Department APPROVED AS TO FORM: JAMES C. SANCHEZ Interim City Attorney By: (Attach Notary Acknowledgment) Deputy CALIFORNIA ALL-PURPOSE-ACKNOWLEDGMENT State of California ss. County of� On /?xUCiJ A3, before me, PUb�IC� Dale j� Name and Title of Office(e .,"Ja Doe, ry Public") personally appeared LJG� y Name(s)of Signer(s) Vpersonally known to me CHRISTINE S.LINGENfELTER �] proved to me on the basis of satisfactory evidence COMM.#1380834 -' to be the person(s) whose name(s) is/are subscribed • NOTARY PUBLIC CALIFORNIA'-. to the within instrument and acknowledged to me that r FRESNO COUN�20,2006� he/she/they executed the same in his/her/their NN Comm.Expires Oct 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. Place Notary Seal Above Signature of Lary P 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) Claimc>d by Signer(s) S�ancl � Nanit Siunel Nan-lc Individur! Illdlvmuju d �:oll,rutii U?il� r lith {` I C;oipnlalf �liiirtr I'rfl� lt 1-' 11 it 1II '7F-fi ( :( lil l�tl 1,•• lc:111i�1 I11111;_:' villi(-I�i Aholl)bv !" Fal'1 -. I- l�ltornFV It� n(. r ( I I I r,Ponir%, Il c C", •cl�a .Icn 1 �,, nn �,, ,; �,.! , I �r I('ff ;, Tract No. 5457/UGM P.W. File No. 10864 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on �zjnc & I axi , in the office of the Fresno County Recorder as Document No..2OO�r' b/-,3 W�?j5 of which the Deed of T ust in by and between: Cpnw-land, v�,�ccL� Lit- o� Ca)4rrW0-� ASUMI 6rcr'.1LLL e Ilmr!-cd lia.b►llf+l =oa.ny as Trustor, F►n n0A-1 7 /fle Com D a n as Trustee, and Ousin /40 `0M Minae as keneficiary, 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. 5457, Phase 4 of Tentative Tract No. 5247. DATED: March .24 ?iC,1Dlp BENEFICIARY " v 7 �omas G - a ► ' `` yp I-�Dusl 0 9 a M l h ntsro*�-- (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County oYA407e I f N1� �L NQ�� On / Zl�' 401r a= before me, (�//r/S�7/�P S� �C�`�9en�rli� ljC� Da /� Name and Title of Officer(e.g., J e Doe,Notary Public") personally appeared Thom .5 (h• Walker Name(s)of Signer(s) L-Prpersonally 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), 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. Place Notary Seal Above 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—Title(s): Corporate Officer—Title(s): Partner— Limited General VICIM Naill Partner , Limited General _ Attorneyin Fact • Top of thumh here Attorney In Fact Trustee Trustee Guardian or Conservator Guardian of Conservator Ocher Other: Signer I�- Nepresenting: _._ _- Signer Is Nepresenting: ----------------------- T 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder.Call Toll Free 1-800-876-6827 CLERK'S CERTIFICATION State of California) County of Fresno) On April 20. 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 0 By � Deputy EXHIBIT "A" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT 5457 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) 51 - 1.0 inch Meters @ $ 330.00 /Meter = $ 16.830.00 0 - 1.5 inch Meters @ $ 455.00 /Meter = $ 0.00 C. UGM Transmission Grid Main (TGM) Charge UGM Reimbursement Area: B 15.2915 Gross Acres @ $643.00 /ac. _ $ 9,832.43 Less TGM Credit = $ 27,403.00 Estimated Net Deferred UGM TGM Charge = $Paid w/ Credits D. Transmission Grid Main Bond Debt Service Charge 15.2915 Gross Acres @ $243.00 /ac. _ $ 3.715.83 Less amount to be paid for E.I.B.P.` _ $ 924.08 Estimated Net Deferred TGM Bond Debt Service Charge = $ 2.791.75 E. Frontage Fee 0 Lineal Feet @ $ 6.50 /LF = $ 0.00 F. 1994 Bond Debt Service Fee 201 1994 Bond Debt Service Area. 66 Living Units @ $ 0.00/ Unit = $ 0.00 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: 19 58,135 Square Feet @ $0.05 / Sq. Ft. _ $ 2,906.75 Less Oversize Credit = $ 0.00 Less Overdepth Credit = $ 0.00 Less amount to be paid for E.I.B.P.* _ $ 722.87 Estimated Deferred UGM Oversize Sewer Charge = $ 2,183.88 B. Lateral Sewer Charge 30,035 Square Feet @ $0.10 / Sq. Ft. _ $ 3,003.50 Less amount to be paid for E.I.B.P.* _ $ 746.93 Estimated Deferred Lateral Sewer Charge = $ 2,256.57 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: 17 15.2915 Gross Acres @ $ 807.00 /GA = $Paid w/ Agreement B. UGM Neighborhood Park Fee Service Area: 4 15.2915 Gross Acres @ $ 1,783.00 /GA = $Paid w/Agreement C. UGM Trunk Sewer Fee (Res 83-40) Service Area: Grantland 15.2915 Gross Acres @ $ /GA = $ N/A D. UGM Major Street Charge Service Area: E-4 14.7348 Net Adj Acres @ $ 3,531.00 /NAA = $ 52,028.58 Less Estimated Major Street Credits = $102,253.00 Estimated Deferred UGM Major Street Charge = $Paid w/ Credits E. UGM Major Street Bridge Charge Service Area: E-4 14.7348 Net Adj Acres @ $ 196.00 /NAA = $ 2,888.02 Less Estimated Major Street Bridge Credits = $450,000.00 Estimated Deferred UGM Major Street Bridge Charge = $Paid w/ Credits F. UGM Grade Separation Charge Service Area: E-4-A 14.7348 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 66 Living Units @ $ 414.69 / Unit = $ 27,369.54 Less amount to be paid for E.I.B.P.* _ $ 6,220.35 Estimated Deferred Traffic Signal Charge = $ 21,149.19 document:\wp51\deferra1\t5457exhibitA March 21,2006 EXHIBIT "B" -- PRORATED FEE OBLIGATIONS T-5457 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water TGM Sewer Sewer Traffic Lot Lot Meter Bond Debt Lateral Oversize Signal No. Area Amount Amount Amount Amount Amount Due Due Due Due Due 1 7862 Paid Paid Paid Paid Paid 2 6500 Paid Paid Paid Paid Paid 3 6500 Paid Paid Paid Paid Paid 4 6500 Paid Paid Paid Paid Paid 5 6959 Paid Paid Paid Paid Paid 6 6946 Paid Paid Paid Paid Paid 7 8455 Paid Paid Paid Paid Paid 8 13345 Paid Paid Paid Paid Paid 9 8912 Paid Paid Paid Paid Paid 10 11655 Paid Paid Paid Paid Paid 11 7052 Paid Paid Paid Paid Paid 12 7921 Paid Paid Paid Paid Paid 13 6559 Paid Paid Paid Paid Paid 14 6012 Paid Paid Paid Paid Paid 15 9276 Paid Paid Paid Paid Paid 16 9170 $330.00 $70.35 $56.86 $55.03 $414.69 17 1 7700 $330.00 $59.07 $47.75 $46.21 $414.69 18 9885 $330.00 $75.84 $61.30 $59.32 $414.69 19 6107 $330.00 $46.85 $37.87 $36.65 $414.69 20 5970 $330.00 $45.81 $37.02 $35.83 $414.69 21 1 6669 $330.00 $51.15 $41.35 $40.02 $414.69 22 9276 $330.00 $71.15 $57.52 $55.67 $414.69 23 9166 $330.00 $70.32 $56.84 $55.01 $414.69 24 6096 $330.00 $46.78 $37.80 $36.58 $414.69 25 5600 $330.00 $42.96 $34.73 $33.61 $414.69 26 5637 $330.00 $43.25 $34.95 $33.83 $414.69 27 5904 $330.00 $45.30 $36.61 $35.43 $414.69 28 7212 $330.00 $55.33 $44.72 $43.28 $414.69 29 6711 1 $330.00 $51.49 $41.61 $40.27 $414.69 30 6385 1 $330.00 $48.99 $39.59 $38.32 $414.69 document:\q\print\h 21-Mar-06 • EXHIBIT "B" -- PRORATED FEE OBLIGATIONS T-5457 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water TGM Sewer Sewer Traffic Lot Lot Meter Bond Debt Lateral Oversize Signal No. Area Amount Amount Amount Amount Amount Due Due Due Due Due 31 6598 $330.00 $50.62 $40.91 $39.60 $414.69 32 6600 $330.00 $50.64 $40.93 $39.61 $414.69 33 6447 $330.00 $49.45 $39.98 $38.69 $414.69 34 6977 $330.00 $53.53 $43.26 $41.87 $414.69 35 7652 $330.00 $58.71 $47.45 $45.92 $414.69 36 6071 $330.00 $46.58 $37.65 $36.43 $414.69 37 5879 $330.00 $45.10 $36.46 $35.28 $414.69 38 5886 $330.00 $45.15 $36.50 $35.32 $414.69 39 6956 $330.00 $53.36 $43.13 $41.74 $414.69 40 6955 $330.00 $53.36 $43.13 $41.74 $414.69 41 7079 $330.00 $54.31 $43.90 $42.48 $414.69 42 10130 $330.00 $77.71 $62.82 $60.79 $414.69 43 6343 $330.00 $48.67 $39.33 $38.07 $414.69 44 5471 $330.00 $41.97 $33.93 $32.83 $414.69 45 6600 $330.00 $50.64 $40.93 $39.61 $414.69 46 5500 $330.00 $42.18 $34.11 $33.01 $414.69 47 5500 $330.00 $42.18 $34.11 $33.01 $414.69 48 6564 $330.00 $50.35 $40.70 $39.39 $414.69 49 5416 $330.00 $41.55 $33.58 $32.50 $414.69 50 5400 $330.00 $41.43 $33.49 $32.41 $414.69 51 6324 $330.00 $48.53 $39.21 $37.95 $414.69 52 8455 $330.00 $64.86 $52.43 $50.74 $414.69 53 9718 $330.00 $74.55 $60.26 $58.32 $414.69 54 12807 $330.00 $98.24 $79.42 $76.86 $414.69 55 8856 $330.00 $67.94 $54.92 $53.15 $414.69 56 10152 $330.00 $77.88 $62.95 $60.92 $414.69 57 7354 $330.00 $56.42 $45.60 $44.13 $414.69 58 6633 $330.00 $50.88 $41.13 $39.81 $414.69 59 6370 $330.00 $48.87 $39.50 $38.23 $414.69 60 7326 $330.00 $56.21 $45.43 1 43.96 $414.69 61 1 11629 $330001 $89.21 1 $72.11 $69.79 $414.69 document: \q\print\h 21-Mar-06 . EXHIBIT "B" -- PRORATED FEE OBLIGATIONS T-5457 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water TGM Sewer Sewer Traffic Lot Lot Meter Bond Debt Lateral Oversize Signal No. Area Amount Amount Amount Amount Amount Due Due Due Due Due 62 7312 $330.00 $56.08 $45.34 $43.88 $414.69 63 5594 $330.00 $42.91 $34.69 $33.57 $414.69 64 5600 $330.00 $42.96 $34.73 $33.61 $414.69 65 5600 $330.00 $42.96 $34.73 $33.61 $414.69 66 6664 $330.00 $51.13 $41.32 $39.99 $414.69 11 document: \q\print\h 21-Mar-06