HomeMy WebLinkAboutT-5606 - Agreement/Covenant - 10/29/2007 WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street 10/09/ 001 Z�0101870Z7
Fresno, CA 93721-3603
NO FEE - Government Code 6103
O CITY of FRESNO
w Planning and Development Department
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a 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
CONDITIONAL USE PERMIT NO. C-05-196
Statement of Covenants
Fee Deferral
Conditional Use Permit No. C-05-196
Page 2
RECITALS
WHEREAS, ALLUVIAL DEVELOPMENTS, 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 in the attached Exhibit "A" and by this reference made part of
this Statement of Covenants: and
WHEREAS,Covenantor hereby warrants thatany 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 Conditional Use Permit No. C-05-196
(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 "B", 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
Conditional Use Permit No. C-05-196
Page 3
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
State of California and as amended by the City of Fresno, including anysubsequent 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"B" 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 "C", at any time after the recordation
of this instrument. The Fee obligations stated in said Exhibit "C" shall be maintained by the
Statement of Covenants
Fee Deferral
Conditional Use Permit No. C-05-196
Page 4
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 "B" 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"B", 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
Statement of Covenants
Fee Deferral
Conditional Use Permit No. C-05-196
Page 5
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.
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
Statement of Covenants
Fee Deferral
Conditional Use Permit No. C-05-196
Page 6
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
Conditional Use Permit No. C-05-196
Page 7
DATED: ✓ jUG
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
ALLUVIAL DEVELOPMENTS, LLC,
Planning and Development Department A California Limited Liability Company
Nick P. Yovino, Director
By: By:
eith Be old, AS
rector Kathryn M. cCamant, Man
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: (::;Z / 7"'
John W. Fox
eputy City Attorney
Date: n c,,
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
ss.
County of
Robert L. Buhlls
2-e Nota Public '
(� On 7L._ before me, Notary
T: Date N e and Ttlyf'�"icer(e.g. an Doe.Notary Public")
personally appeared f L'L Cg /�, � r�
Narne(s)of Signer(s) <
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO)
On September 24, 2007, before me, Elvia Sommerville, Deputy City Clerk, City of
Fresno, personally appeared, Keith Berqthold, Assistant 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 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.
REBECCA E. KLISCH
CITY CLERK, CMC
d '
Bye C�
Deputy
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on b&C4 .31 '2-CD'---1 , in the office of the Fresno County
Recorder as Document No. 2-CO-1 - 1 t,r`-t 0L, of which the Deed of Trust in
by and between: Pa-Lu u La I Dt �t
as Trustor, C v rte- vt
as Trustee, and as Beneficiary,
hereby expressly subordinates said Deed of Trust a d its beneficial interest thereto to the
foregoing Statement of Covenants Affecting Land Development Deffering 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 Conditional Use Permit No. C-05-196.
BENEFICIARY
By:
11 "
By:
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of '-T-,V�0Yy\0 —
On f�Qt. 2 t, 01 before me, 1 (-r 'v1 w_i U Q�.G nyi i VLA QQ\ t_vl_,
Date Name and Title Officer(e.g.,"Jan Dae,Notary Public')'
personally appeared �YIGi/�
Names;of Signer(s)
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
DANELLEM RVNNING he/she/they executed the same in his/her/their authorized
Commission# 1585730 capacity(ies), and that by his/her/their signature(s) on the
Lemy
Notary Public-California instrument the person(s), or the entity upon behalf of
Sonoma county which the person(s) acted, executed the instrument.
Comm.Expires Jun 7,2009
WITNESS my hand and official seal.
Place Notary Seal Above SignatureZ�i,�\`-o—Q..c— 1�\
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):_ I�]Corporate Officer—Title(s):
11 Partner—Cl Limited ❑ General iJ Partner—❑ Limited _J General
Fli Attorney in Fact El Attorney in Fact
❑ Trustee
Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
�J 2006 ricnal Notary Association•9350 De Soto Ave P.O.Box 2402•Chatsworth.CA 9Q13-2402 Item No.5907 v609 Reorder.Cail Toll-Free 1-800-876-6827
EXHIBIT "A"
Fee Deferral Covenant and Creation of Lien for Conditional Use Permit No. C-05-196
ALL THAT PORTION OF THE WEST 244 FEET OF THE EAST 406.5 FEET OF THE FOLLOWING
DESCRIBED PROPERTY:
THE SOUTHWEST QUARTER OR THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 12
SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF FRESNO,
COUNTY OF FRESNO, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THE EAST 476.5 FEET AND THE NORTH 783.79 FEET THEREOF.
EXHIBIT "B"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR CONDITIONAL USE PERMIT C-05-196
TENTATIVE TRACT NO. 5606
Project Zoning: R-2/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)
_-_ inch Meters @ $_/Meter = $ N/A
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area:-A
2.7907 Net Adj Acres @ $804.00 /ac. _ $ 2.243.72
Estimated Net Deferred UGM TGM Charge = $ 2,243.72
D. Transmission Grid Main Bond Debt Service Charge
2.7907 Net Adj Acres @ $304.00 /ac. = $ 848.37
Estimated Net Deferred TGM Bond Debt Service Charge = $ 848.37
E. Frontage Fee
244 Lineal Feet @ $ 6.50 /LF = $ 1,586.00
Estimated Deferred Frontage Fee = $ 1,586.00
F. 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Area.
28 Living Units @ $ 895.00/ Unit = $ 25,060.00
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
24,400 Square Feet @ $0.05/ Sq. Ft. _ $ 1,220.00
Estimated Deferred UGM Oversize Sewer Charge = $ 1,220.00
B. Lateral Sewer Charge
24,400 Square Feet @$0.10/Sq. Ft. _ $ 2,440.00
Estimated Deferred Lateral Sewer Charge = $ 2,440.00
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 Major Street Charge
Service Area: F
2.7907 Net Adj Acres @ $ 3,625.00/NAA = $ 10,116.29
Estimated Deferred UGM Major Street Charge = $ 10,116.29
B. UGM Major Street Bridge Charge
Service Area: F
2.7907 Net Adj Acres @ $ 72.00 /NAA = $ 200.93
Estimated Deferred UGM Major Street Bridge Charge = $ 200.93
IV. CITYWIDE IMPACT FEES
A. Traffic Signal Charge
28 Living Units @ $ 308.99 / Unit = $ 8,651.72
Estimated Deferred Traffic Signal Charge = $ 8,651.72
document:\wp51\defercaRt5606exhibitA August 17,2007
EXHIBIT "C" -- PRORATED FEE OBLIGATIONS
C-05-196 (TT-5606) Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Water 1994 Sewer Sewer Major Major Traffic
Address No. Lot Frontage T.G.M. Bond Debt Bond Debt Lateral Oversize Street Bridge Signal
No. Units Area Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due
2658 E. Alluvial Avenue 111+ 6 9907 $277.58 $392.67 $148.47 $5,370.00 $427.05 $213.52 $1,770.45 $35.16 $1,853.94
2658 E. Alluvial Avenue 115+ 2 5511 $154.41 $218.45 $82.60 $1,790.00 $237.56 $118.78 $984.91 $19.56 $617.98
2658 E. Alluvial Avenue 117+ 2 5786 $162.12 $229.38 $86.73 $1,790.00 $249.41 $124.70 $1,034.21 $20.54 $617.98
2658 E. Alluvial Avenue 119+ 6 9313 $260.94 $369.12 $139.57 $5,370.00 $401.44 $200.72 $1,664.24 $33.06 $1,853.94
2658 E. Alluvial Avenue 101+ 2 5058 $141.72 $200.52 $75.82 $1,790.00 $218.03 $109.01 $904.08 $17.96 $617.98
2658 E. Alluvial Avenue 103+ 2 5182 $145.19 $205.42 $77.67 $1,790.00 $223.37 $111.69 $926.19 $18.40 $617.98
2658 E. Alluvial Avenue 105+ 6 10598 $296.94 $420.09 $158.84 $5,370.00 $456.83 $228.42 $1,894.06 $37.62 $1,853.94
2658 E. Alluvial Avenue 109+ 2 5250 $147.10 $208.08 $78.68 $1,790.00 $226.31 $113.15 $938.15 $18.63 $617.98
document:1glprintlh 17-Aug-07