HomeMy WebLinkAboutT-5553 - Agreement/Covenant - 4/21/2010 (3) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
04/20/2010,20100050341
NO FEE -Government Code 6103
CITY OF FRESNO
Planning and Development Department
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w 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. 5553
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5553
Page 2
RECITALS
WHEREAS, DE YOUNG PROPERTIES 5553 L.P., a California Limited Partnership,
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 42, inclusive,of Tract No. 5553 according to the map thereof
recorded onAl ri/ aL
O , 20Lin Volume hof
Plats at Page(s) 5.2 1E V3 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. 5553 (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
pursuant to the provisions of the latest edition of the Uniform Building Code as adopted by the
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5553
Page 3
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 bythe 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
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5553
Page 4
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.
8. Covenantor hereby waives any claim that the provisions of this covenant violate
Government Code Section 65961.
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5553
Page 5
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 or interpret any provision of this
Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees,
costs and litigation expenses.
12. The cond itions 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.
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5553
Page 6
DATED: AMC- �", zom
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
De Young Properties 5553 L.P.,
Planning and Development Department A California Limited Partnership
John M. Dugan, AICP, Director
By: Team 5 Properties, Inc.
A California Corporation,
Its #JeDe
Partner
By: By:
er D. Bishop, ssistant Director Yo g, Pres'aent
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By:
�Ciey
Date: /0
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On before me,
Date He Insert Name and Title of the Officer
n I
personally appeared '`
Name(s)of ter(s)
who proved to me on the basis of satisfactory
evidence to be the personN whose name(&) is/axe-
subscribed to the within instrument and acknowledged
to me that he/erefthey executed the same in
his/heFAheir authorized capacity(tes), and that by
his/4e0r signature(s) on the instrument the
t� person(*, or the entity upon behalf of which the
person(N acted, executed the instrument.
I
1 certify under PENALTY OF PERJURY under the
BRENDA C. POE Y
4 ••fPlity
COMM. #1868032 laws of the State of California that the foregoing
NOTARY PUBLIC-CALIFORNIA ; paragraph is true and correct.
FRESNO COUNTY
Comm.Expires November 8,2013
WITNESS my hand and official seal.
I Signature: _ZZ=� �• � �
< Place Notary Seal and/or Stamp 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:
F Document Date: Number of Pages:
Signer(s) Other Than Named Above:
4 Capacity(ies) Claimed by Signer(s)
4 Signer's Name: Signer's Name:
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
l ❑ Individual Q Individual
❑ Partner—❑Limited J General Top of thumb here Q Partner—C Limited .J General Top of thumb here �
Attorney in Fact ❑Attorney in Fact
❑ Trustee ❑Trustee
❑ Guardian or Conservator ❑Guardian or Conservator i
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
I,
02008 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www,NationalNotary.org Item 115907 Reorder:Call Toll-Free 1-800-876-6827
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On April 12, 2010 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared,
Jerry D. Bishop, Assistant Director, Planning and Development Department, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
By
Deputy
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on A/ in the office of the Fresno County Recorder
as Document No. 0 jQ 0 9739 of which the Deed of Trust in by and
between: 1 b XO - /2 e" 3 Lf as Trustor,
`//? as Trustee,
and L 9 `���i 17 0i�x/,C as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Statement of Covenants Affecting Land Development Deferring Certain Sewer
Connection Charges, Water Connection Charges, Urban Growth Management Fees to the
Time of Issuance of Certificate of Occupancy and Development Fees and Creation of Lien for
the Final Map of Tract No. 5553.
DATED:
BENEFICIARY
By:
By:
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
LZ-AC-e�ICountyoft-0
On ` vZ0 O b re me,
lr Date Here Insert Name and Title of the Officer
I
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(N whose name(s) is/axe-
subscribed to the within instrument and acknowledged
to me that Ine/s4eA4ey executed the same in
his/he##vE.+r authorized capacity(tes), and that by
his/4ex4kreir signature( on the instrument the
personN, or the entity upon behalf of which the
person(s) acted, executed the instrument.
i
certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
BRENDA C. POE paragraph is true and correct.
COMM. #1868032 -+
NOTARY PUBLIC•CALIFORNIA WITNESS my hand and official seal.
FRESNO COUNTY
My Comm.Explres November B,2013
Signature: % i��✓C � ���
Place Notary Seal and/or Stamp Above ISignature 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 Docum t / y
Title or Type of Document: ,UL�1 -�72
i
I
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer—Title(s): Corporate Officer—Title(s):
El Individual Individual
El Partner—F. Limited :1 General Top of thumb here L Partner—I Limited !.- General Top of thumb here
❑ Attorney in Fact Attorney in Fact
❑ Trustee C Trustee
❑ Guardian or Conservator C Guardian or Conservator
F7 Other: !:Other:
f�
Signer Is Representing: Signer Is Representing:
02008 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NagonaiNotary.org Item#5907 Reorder Call Toll-Free 1-800-876-6827
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT 5553
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)
41 - 1.0 inch Meters @ $ 330.00 /Meter = $ 13,530.00
1 - 1.5 inch Meters @ $ 455.00 /Meter = $ 455.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
10.9388 Gross Acres @ $643.00 /ac. _ $ 7.033.65
Estimated Net Deferred UGM TGM Charge = $ 7,033.65
D. Transmission Grid Main Bond Debt Service Charge
10.9388 Gross Acres @ $243.00/ac. _ $ 2,658.13
Estimated Net Deferred TGM Bond Debt Service Charge = $ 2,658.13
E. Frontage Fee
950 Lineal Feet @ $ 6.50 /LF = $ 6,175.00
Estimated Deferred Frontage Fee = $ 6.175.00
F. 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Area.
42 Living Units @ $ 895.00/ Unit = $ 37,590.00
Estimated Deferred 1994 Bond Debt Service Fee = $ 37,590.00
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: 1
100,142 Square Feet @ $0.05 /Sq. Ft. _ $ 5,007.10
Estimated Deferred UGM Oversize Sewer Charge = $ 5,007.10
B. Lateral Sewer Charge
100,142 Square Feet @ $0.10 / Sq. Ft. _ $ 10,014.20
Estimated Deferred Lateral Sewer Charge = $ 10,014.20
C. Housebranch Sewer Charge = $ NIA
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 Major Street Charge
Service Area: F
9.4446 Net Adj Acres @ $ 3,625.00 /NAA = $ 34,236.68
Estimated Deferred UGM Major Street Charge = $ 34,236.68
B. UGM Major Street Bridge Charge
Service Area: F
9.4446 Net Adj Acres @ $ 72.00 /NAA = $ 680.01
Estimated Deferred UGM Major Street Bridge Charge = $ 680.01
C. UGM Grade Separation Charge
Service Area:
9.4446 Net Adjusted Acres @ $ /NAA = $ N/A
D. 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
42 Living Units @ $ 414.69 / Unit = $ 17,416.98
Less Estimated Traffic Signal Credits = $150,500.00
Estimated Deferred Traffic Signal Charge = $ Paid w/ Credits
document:1wp51ldeferraRt5553exhibitA February 19,2010
EXHIBIT"B"--PRORATED FEE OBLIGATIONS
T-5553 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Water 1994 Sewer Sewer Major Major
Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Lateral Oversize Street Bridge
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due
1 8497 $330.00 $166.22 $189.30 $71.54 $895.00 $269.56 $134.78 $921.48 $18.30
2 6193 $330.00 $121.15 $137.99 $52.15 $895.00 $196.47 $98.23 $671.71 $13.34
3 6226 $330.00 $121.79 $138.70 $52.42 $895.00 $197.51 $98.76 $675.34 $13.41
4 6259 $330.00 $122.44 $139.47 $52.71 $895.00 $198.56 $99.28 $678.96 $13.49
5 6292 $330.00 $123.08 $140.17 $52.97 $895.00 $199.61 $99.80 $682.59 $13.56
6 6326 $330.00 $123.75 $140.95 $53.27 $895.00 $200.68 $100.34 $686.21 $13.63
7 6730 $330.00 $131.65 $149.95 $56.67 $895.00 $213.50 $106.75 $730.08 $14.50
8 8058 $330.00 $157.63 $179.53 $67.85 $895.00 $255.63 $127.82 $873.99 $17.36
9 8961 $330.00 $175.29 $199.65 $75.45 $895.00 $284.28 $142.14 $971.86 $19.30
10 6764 $330.00 $132.32 $150.72 $56.96 $895.00 $214.58 $107.29 $733.70 $14.57
11 6542 $330.00 $127.97 $145.77 $55.09 $895.00 $207.54 $103.77 $709.41 $14.09
12 6544 $330.00 $128.01 $145.83 $55.11 $895.00 $207.60 $103.80 $709.77 $14.10
13 6433 $330.00 $125.84 $143.32 $54.16 $895.00 $204.08 $102.04 $697.81 $13.86
14 8582 $330.00 $167.88 $191.23 $72.27 $895.00 $272.25 $136.13 $930.90 $18.49
15 12215 $330.00 $238.95 $272.18 $102.86 $895.00 $387.51 $193.75 $1,324.94 $26.32
16 9111 $330.00 $178.23 $203.00 $76.72 $895.00 $289.04 $144.52 $988.17 $19.63
17 8502 $330.00 $166.31 $189.43 $71.59 $895.00 $269.72 $134.86 $922.20 $18.32
18 6300 $330.00 $123.24 $140.37 $53.05 $895.00 $199.86 $99.93 $683.31 $13.57
19 6300 $330.00 $123.24 $140.37 $53.05 $895.00 $199.86 $99.93 $683.31 $13.57
20 6746 $330.00 $1.31.96 $150.33 $56.81 $895.00 $214.01 $107.00 $731.53 $14.53
21 6421 $330.00 $125.61 $143.07 $54.07 $895.00 $203.70 $101.85 $696.36 $13.83
22 6000 $330.00 $117.37 $133.68 $50.52 $895.00 $190.34 $95.17 $650.69 $12.92
23 5719 $330.00 $111.87 $127.44 $48.16 $895.00 $181.43 $90.71 $620.24 $12.32
24 8216 $330.00 $160.72 $183.06 $69.18 $895.00 $260.64 $130.32 $891.03 $17.70
25 9040 $330.00 $176.84 $201.45 $76.13 $895.00 $286.78 $143.39 $980.56 $19.48
26 13681 $455.00 $267.62 $304.85 $115.21 $895.00 $434.01 $217.01 $1,483.71 $29.47
27 9492 $330.00 $185.68 $211.48 $79.92 $895.00 $301.12 $150.56 $1,029.50 $20.45
28 7319 $330.00 $143.17 $163.06 $61.62 $895.00 $232.19 $116.09 $793.87 $15.77
29 7396 $330.00 $144.68 $164.80 $62.28 $895.00 $234.63 $117.31 $802.21 $15.93
30 7441 $330.00 $145.56 $165.83 $62.67 $895.00 $236.06 $118.03 $806.93 $16.03
31 7441 $330.00 $145.56 1 $165.83 $62.67 $895.00 $236.06 $118.03 $806.93 $16.03
32 7441 $330.00 $145.56 $165.83 $62.67 $895.00 $236.06 $118.03 $806.93 $16.03
33 7441 $330.00 $145.56 $165.83 $62.67 $895.00 $236.06 $118.03 $806.93 $16.03
34 8991 $330.00 $175.88 $200.36 $75.72 $895.00 $285.23 $142.61 $975.12 $19.37
35 7692 $330.00 $150.47 $171.36 $64.76 $895.00 $244.02 $122.01 $834.11 $16.57
36 6320 $330.00 $123.63 $140.82 $53.22 $895.00 $200.49 $100.25 $685.49 $13.62
37 6320 $330.00 $123.63 1 $140.82 $53.22 $895.00 $200.49 $100.25 $685.49 $13.62
38 7692 $330.00 $150.47 $171.36 $64.76 $895.00 $244.02 $122.01 $834.11 $16.57
39 7692 $330.00 $150.47 $171.36 $64.76 $895.00 $244.02 $122.01 $834.11 $16.57
40 6320 $330.00 $123.63 $140.82 $53.22 $895.00 $200.49 $100.25 $685.49 $13.62
41 6320 $330.00 $123.63 $140.82 $53.22 $895.00 $200.49 $100.25 $685.49 $13.62
42 7692 1 $3qq.00_J $150.47 1 $171.36 1 $64.76 1 $895.00 1 $244.02 1 $122.01 $834.11 $16.57
document:\q\print\h 19-Feb-10