HomeMy WebLinkAboutT-5903 - Agreement/Covenant - 9/3/2013 WHEN RECORDED MAIL TO:
City bc
City of
Clerk Fresno 0910312013,20130125268
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE- Government Code 6103
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ILL Development & Resource Management Department
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°- STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT DEFERRING CERTAIN SEWER CONNECTION
CHARGES, WATER CONNECTION CHARGES, URBAN GROWTH
MANAGEMENT FEES, CITY-WIDE FEES AND DEVELOPMENT
FEES TO THE TIME OF ISSUANCE OF CERTIFICATE OF
OCCUPANCY AND CREATION OF LIEN FOR THE FINAL MAP OF
TRACT NO. 5903
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5903
Page 2
RECITALS
WHEREAS, NORMAN KIZIRIAN AND PAMELA S. KIZIRIAN, Husband and Wife as Joint
Tenants, 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:
Lots 1 through 6, inclusive, of the Final Map of Tract No. 5903 according to
the map thereof recorded on _ 5e- rvm 13v�L 3� , 20 i 3 in
Volume �3 of Plats at Page(s) 3& sot 52 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. 5903 (hereinafter,
"Project"), require the payment of applicable sewer connection charges, water connection charges,
traffic signal charge, Urban Growth Management fees, city-wide fees, Millbrook Overlay Sewerfee,
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 State
of Califomia and as amended by the City of Fresno("City"),including any subsequent extension and
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5903
Page 3
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 City's Development & Resource Management
Director. The intent of this provision is to prorate the Fee obligations of common use areas,outiots,
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 Development&Resource Management 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
Development & Resource Management 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
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5903
Page 4
Occupancy, the full amount of such Fee must be paid. The remaining unpaid deferred Fees forthat
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.
a. 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 of
Covenants except as set forth in subsection °bv, below. Any additional credits established
after the recordation of this instrument shall be reimbursed in the manner established bythe
section of the Fresno Municipal Code relating to that specific Fee.
b. Covenantor may receive designated fee credits from the City as offsets
toward a UGM or development impact fee for construction of certain required infrastructure
improvements either as a part of this Statement of Covenants or at some future date.
Covenantor acknowledges and agrees any such fee credits are provided contingent upon
the City accepting required infrastructure improvements completely installed by Covenantor.
Until then, and notwithstanding any other provision, Covenantor expressly agrees
Covenantor has no right to any portion of any fee credit and the Director of Public Works for
the City, in the Director's sole discretion,may unilaterally amend this Statement of Covenant
effective upon mailed notice to Covenantor to adjust (including adding, reducing or
removing) credits at any time prior to acceptance of all required infrastructure improvements
by City. Upon adjustment, Covenantor shall pay in full any UGM or development impact
fees, due from modification of the fee credit, prior to approval of the final map oras may be
deferred by this Statement of Covenant or applicable fee deferral covenant. If the final map
has already been approved and there is no applicable fee deferral covenant, all such fees
shall be promptly paid by Covenantor. The City may enforce recovery of such fees in any
manner available at law or in equity, including but not limited to private foreclosure and sale
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5903
Page 5
of the property in the manner provided in Section 2924 of the California Civil Code or
successor statute.
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 Development & Resource Management 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 fordeferment
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 fast inspection,with
provisions for one (1) extension of said permit, not to exceed a period of 180 days.
8. Covenantor hereby waives any claire that the provisions of this Statement of
Covenants violate Government Code Section 65961.
9. Each of the covenants, conditions, and restrictions contained in this Statement of
Covenants shall nun 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 of Covenants.
10. The conditions of this Statement of Covenants are intended to benefit the public and
public properties. Accordingly, the City of Fresno shall have the right to enforce this Statement of
Covenants by any legal or equitable means. All obligations of the Covenantor in this Statement of
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5903
Page 6
Covenants 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. If either party is required to commence any proceeding or legal action to enforce or
interpret any term or condition of this Statement of Covenant,the prevailing party in such proceeding
or action shall be entitled to recover from the other party its reasonable attomey's fees and legal
expenses. For the purposes of this Statement of Covenant, "attorneys'fees"and"legal expenses"
include,without limitation, paralegals'fees and expenses,attorneys, consultants fees and expenses,
expert witness fees and expenses, and all other expenses incurred by the prevailing partys attorneys
in the course of the representation of the prevailing party in anticipation of and/or during the course
of litigation, whether or not otherwise recoverable as "attorneys'fees" oras'costs"under California
law, and the same may be sought and awarded in accordance with California procedure as
pertaining to an award of contractual attorneys' fees.
12. The waiver by either party of a breach by the other of any provision of this Statement
of Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either
the same ora different provision of this Statement of Covenant. No provisions of this Statement of
Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of any
one provision herein shall not be deemed to be a waiver of any other provision herein.
13. The conditions and obligations of this Statement of Covenants,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.
14. The conditions and obligations of this Statement of Covenants 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.
15. The provisions of this Statement of Covenants shall be deemed independent and
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5903
Page 7
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 of Covenants so requires,in interpreting this Statement of Covenants,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. 5903
Page 8
DATED: 0Sr 2, 201?
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
NOR AN MC f IAN AND ,PAME S.
Development & Resource Management KIZI AIS, band and Wife Tenants
Department
Bjf Qo
Y r y.
M@fk- t- BW_&0kW- Pamela S. Kizirian
Jemnifer K. Clark , Director
APPROVED AS TO FORM:
=1Rteriffi-C�ty-A4terflep- J /
DOUGLAS T. SLOAN
City Attorney
By:
is K611uri-Barbick
Deputy City Attorney
Date: E /! -
(Attach Notary Acknowledgment)
CLERK'S CERTIFICATION
State of California }
County of Fresno )
On August 19, 2013 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared,
Jennifer K. Clark, Director, Development & Resource Management 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
hislherltheir 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
YVONNE SPENCE, CMC
City Clerk, City of Fresno
i rrrr �
ByIu o " ,
-' Deputy
ucT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
File No: ()
STATE OF California )SS APN No:
COUNTY OF Fresno )
On July 10,20]1 before me, Donna Brown r Notary Publicr personally appeared
Norman Kizirian and Pamela S. Kizirian
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 rd and official seal.•
Signature A:�, i DONNA BROWN
o - COMM. #1957747 z
�' .�4_ ae Notary Public •California
z Fresno County n
M Comm.Expires Nov, 19,2015
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
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)
F] PARTNER(S) ❑ LIMITED ❑ GENERAL
❑ ATTORNEY-IN-FACT
�❑ TRUSTEE(S)
71 GUARDIAN/CONSERVATOR
0 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 for Final Map 5903
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by 1112007
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on October 13, 2006, in the office of the Fresno County Recorder as Document No.
2006-0220042 of which the Deed of Trust in by and between: Norman Kizirian and Pamela S.
Kizirian, husband and wife= as Trustor, California Reconveyance Company, a California
Corporation, and its successors in trust and assigns, as Trustee, and JP Morgan Chase Bank
NA, Successors in interest by purchase from FDIC receiver of Washington Mutual Bank FKA,
Washington Mutual Bank FA, 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, City-wide Fee and Development Fees to the Time of Issuance of
Certificate of Occupancy and Creation of Lien for the Final Map of Tract No. 5903.
DATED: August 12, 2013
JP Morgan Chase Bank NA Successors in interest
,� � by purchase from FDIC receiver of Washington
i �atl lq /z Mutual Bank FKA, Washington Mutual Bank FA
XE
BENEFICIARY
w
By:
'•. Print N&nek ►�
.,w'o�'V ````, Title: Vice P ident
By:
Print Name: i,tihzlh O#LrrrY _
Title: Vice President
STATE OF LOUISIANA
PARISH OF OUACHITA
On Auust 12, 2013, before me, appearedVA)-- and
, to me personally known, whb di s that they are the Vice
Presi ent of JP MoEgaj Chase Bank NA Successors in interest by purchase from FDIC receiver
of Washington Mutual Bank FKA, Washington Mutual Bank FA, and that the instrument was
executed on behalf of the corporation (or association), by authority from its board of directors,
and that s/he acknowledged the instrument to be the free act and deed of the corporation (or
association
BRIDGETA.CHUNN
Not Public OUACHITAPARISH,LOUISIANA
LIFETIME COMMISSION
LA Notary ') NOTARY!D#64479
Lifetime Commission
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on May 3, 2007, in the office of the Fresno County Recorder as Document No_ 2007-
0088162 of which the Deed of Trust in by and between: Norman Kizirian and Pamela S_
Kizirian, husband and wife, as Trustor, California Reconveyance Company, a California
Corporation, and its successors in trust and assigns, as Trustee, and JP Morgan Chase Bank
NA Successors in interest by purchase from FDIC receiver of Washington Mutual Bank FKA
Washington Mutual Bank FA 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, City-wide Fee and Development Fees to the Time of Issuance of
Certificate of Occupancy and Creation of Lien for the Final Map of Tract No. 5903.
DATED: August 12, 2013
JP Morgan Chase Bank NA Successors in interest
by purchase from FDIC receiver of Washington
atip �/�i� Mutual Bank FKA Washington Mutual Bank FA
4�yRAr�'•'':'fie i
�.
0." •'ih o BENEFICIARY;� -
o
By:
. ,� •.
�r Print NaeC.
�i���®s��`°°�°by•'+1;,'',`,`�a�AN Title: Vice President
lllill
By:
Print Name: w--,,e1d L)&-(rr
Title: Vice President
STATE OF LOUISIANA
PARISH OF OUACHITA
On August 12, 2013, before me, appeared -U _ and
to me personally known, whd did s y th�they7arehe Vice
Preside t of JP MorganjQhase Bank NA Successors in interest by purchase from FDIC receiver
of Washington Mutual Bank FKA Washington Mutual Bank FA, and that the instrument was
executed on behalf of the corporation (or association), by authority from its board of directors,
and that s/he acknowledged the instrument to be the free act and deed of the corporation (or
association).
„,,Notary Public
BRIOGFT A.CHUNK
LA Notary � oUACHITA PARtSI-I,IF IsSiO AN
L1 NDTARY D#447
9 N
ID:
Lifetime Commission
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT 5903
Project Zoning: R-1/UGM
I. WATER CONNECTION CHARGES
A. Service Connections (flat rate cost basis only)
inch Services @ $ (Service = $ NIA
B. Meters (flat rate cost basis only)
7 - 1.5 inch Meters @ $ 455.00/Meter =$ 3,185.00
Less amount to be paid for home on Remainder Parcel = $---L55—.00
Estimated Net Deferred Water Meter Charge = $ 2,730.00
C. UGM Transmission Grid Main (TGM)Charge
UGM Reimbursement Area:A
12.1268 Gross Acres @$643.00/ac. _ $__Z.797.53
Less amount to be paid for home on Remainder Parcel = $ 4.996.24
Estimated Net Deferred UGM TGM Charge = $ 2,801.29
D. Transmission Grid Main Bond Debt Service Charge
12.1268 Gross Acres @ $243.00 lac. _ $ 2,946.81
Less amount to be paid for home on Remainder Parcel = $ 1,888.16
Estimated Net Deferred TGM Bond Debt Service Charge = $ 1,058.65
E. Frontage Fee
306 Lineal Feet @ $ 3.25/LF (1/2 rate) $ 994.50
Less amount to be paid for home on Remainder Parcel = $ 637.22
Estimated Net Deferred Frontage Fee = $___257.28
F. 1994 Bond Debt Service Fee
_ 1994 Bond Debt Service Area.
7 Living Units @ $0.00/Unit = $ NIA
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
48,550 Square Feet @ $0.05 f Sq. Ft. _$ 2,427.50
Less Oversize Credit =$ 946.00
Less Overdepth Credit = $_ 5,674.00
Estimated Deferred UGM Oversize Sewer Charge = $Paid w/ Credits
B. Lateral Sewer Charge
30.550 Square Feet @$0.10/Sq. Ft. = $ 3,055.00
Less amount to be paid for home on Remainder Parcel = $ 1,957.48
Estimated Net Deferred Lateral Sewer Charge = $ 1,097.52
C. Copper Avenue Sewer Lift Station Charge
6 Living Units @ $ 71.70 f Unit*" = $ 430.20
1 Living Unit @ $650.00/Unit = $ 650.00
Less amount to be paid for home on Remainder Parcel =$ 650.00
Estimated Net Deferred Copper Avenue Sewer Lift Station = $ 430.20
D. Housebranch Sewer Charge = $ N/A
E. Mi I I brook Sewer Overlay
_Net Adj Gross Ac @ $ /NAA = $ NIA
Units @ $ /Unit = $ N/A
F. The following sewer connection charges are not deferrable under the
terms of this covenant:
1. Trunk Sewer Charge
2. Wastewater Facilities Sewer Charge
111. CITYWIDE IMPACT FEES
A. Traffic Signal Charge
6 Living Units @ $ 450.94/ Unit = $ 2,705.64
B. The following charges are not deferrable under the terms of this covenant:
1. Citywide Fire Facilities Impact Fee (Due @ Occupancy- Reso_ 05-429)
2. Citywide Park Facility Impact Fee(Due @ Occupancy- Reso. 05-427)
3. Citywide Police Facilities Impact Fee(Due @ Occupancy- Reso. 05-428)
4. Citywide Regional Street Impact Fee (Due @ Building Permit- Reso. 07-291)
5. Citywide New Growth Major Street Impact Fee (Due 9 Building Permit- Reso. 07-291)
IV. COPPER RIVER RANCH IMPACT FEES
A. Associated Major Roadway Infrastructure Facility Fee
4.5765 Net Adj Acres @ $7,972.00/NAA =$ 3648_3.86
B. Interior Collector Roadway Facility Fee
4.5765 Net Adj Acres @ $ 26,676.00/NAA = $122,082.71
C. Sewer Backbone System Facility Fee
7 Living Unit Equivalents @$_877.00/Unit = $ 6,139.00
Less amount to be paid for home on Remainder Parcel = $ 877.00
Estimated Net Deferred Copper Avenue Sewer Lift Station = $ 5,262.00
**Fee rate adjusted to CRR WWTF Recalculation Agreement.
document:Iwp511deterrallt5903exhb4A Apn!3.2013
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