HomeMy WebLinkAboutT-6087 - Agreement/Covenant - 6/30/2016 (2) • ���CO R D i,IG rt C�c��s aFQ !;!� - l-I- i# I- . i -- -l-- I �_
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FRESNO County Recorder
Paul 0 ctas, C.P.A.
City Clerk DOC— 2016-0077509
City of Fresno Roc t 70-01d Republic Title CONCORD
2600 Fresno Street Thursday, JUN 16, 2016 08:00:00
Fresno, CA 93721-3603 Tt 1 Pd $010 Rcpt # 0004553151
K E/R3/2-17
NO FEE-Government Cade 6103
CITY OF FRESNO
Development & Resource Management Department
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT DEFERRING CERTAIN SEINER 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. 6087
1
Statement of Covenants
Fee Deferral
Final Map of Tract No.6087
Page 2
RECITALS
WHEREAS, COPPER RIDGE ESTATES,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:
Lots 1 through 44, inclusive, of the Final Map of Tract No.6087 according to
the map thereof recorded on ;SU Ws �Cv� ZD &
in Volume&of Plats at Page(s)ILt(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. 5087 (hereinafter,
"Project"), require the payment of applicable sewer connection charges,waterconnection charges,
traffic signal charge, Urban Growth Management fees, city-wide fees,Millbrook Overlay Sewer fee,
CopperAvenue 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 12-4.504 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
Statement of Covenants
Fee Deferral
Final Map of Tract No. 6087
Page 3
State of California and as amended by the City of Fresno ("City'), 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"pursuantto 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,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 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
Statement of Covenants
Fee Deferral
Final Map of Tract No. 6087
Page 4
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 tot, 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 atthe time of paymentat
the fee rates in effect at the time of such payment.
a. Forthe 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 "b", below. Any additional credits established
afterthe recordation of this instrument shall be reimbursed in the manner established by the
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 ordevelopment 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 Directorof 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 or as 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
Statement of Covenants
Fee Deferral
Final Map of Tract No. 6087
Page 5
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 of the property in the manner provided in Section
2924 of the California Civil Code or successor statute.
S. 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 66498J.
.
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 ofthe above paymenttimes,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 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 Statement of
Covenants violate Government Code Section 65961.
9. Each of the covenants, conditions, and restrictions contained in this Statement of
Covenants shall run with the Subject Property and shall be binding upon each successive ownerof
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
Statement of Covenants
Fee Deferral
Final Map of Tract No. 6oa7
Page 6
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
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 attorney'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
party's 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 or a 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,far each lotor 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
Statement of Covenants
Fee Deferral
Final Map of Tract No. 6087
Page 7
Project on the Subject Property are fully satisfied.
15. The provisions of this Statement of Covenants 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 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. 6087
Page 8
DATED: _4141Ir Z-0//g-
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
COPPER RIDGE ESTATES, LLC,
Development & Resource Management A California Limited Liability Company
Department
Jennifer K. Clark, Director
B4c-on'aw,
Je ni K. Clark, Director President
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Ma aterman-Doidge
eputy City Attorney
Date:
(Attach Notary Acknowledgment)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Fresno }
On April 11, 2415 before me, Andrea A. McFadden, Notary Public
(insert name and title of the officer)
personally appeared Gary McDonald
who proved to me on the basis of satisfactory evidence to be the person(4 whose nameX isl,ae6
subscribed to the within instrument and acknowledged to me that helsp&t�ey executed the same in
his/W/tl eff authorized capacity(isy, and that by hisJlierlj'eir signature( on the instrument the
person(; or the entity upon behalf of which the persor14) 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.
AHDREA A.MCFAO�El1
COMM. #2055411 x
0 Nowy Public.California
WITNESS my hand and official seal. Fresno County
COMM, ices Jan.31 2018
Signature _ �_ � �[�1 _ I"� (Seal)
A notary public or other officer completing this
certificate Verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
CLERK'S CERTIFICATION
State of California }
County of Fresno }
On May 25, 2016 before me, Cindy J. Bruer, Decuty City Clerk, personally appeared, Jennifer
K. Clark, Development and Resource Management Director of the City of Fresno , who proved
to me on the basis of satisfactory evidence, to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me that helshelthey 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
YVONNE SPENCE, GMC
City Clerk, City of Fresno
G`A-k
By
B uty
p
''b titi.
'9�rro 6cZ.
I
- r�
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on April 14, 2014, in the office of the Fresno County Recorder, as Document
No.2414-4441588 of which the Deed of Trust in,by and between Valley River Developers, A California
Limited Liability Company_, as Trustor, Old Republic Title Company, A California Corporation, as
Trustee and Gregoire Cardoux and Marie Cardoux, husband and wife as joint tenants, as to an
undivided one half interest and Nerses Cardoux and Kenarfn Cardoux husband and wife as "pint
tenants, as to an undivided one half interest, 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 Fees and Development Fees to the Time of Issuance of Certificate of
Occupancy and Creation of Lien for the Final Map of Tract No. 6087.
DATED-
BENEFICIARY
Gregoire Cardoux and Marie Cardoux,
husband and wife as joint tenants, as to an
undivided one half interest;
Nerses Cardoux and Kenarig Cardoux,
husband and wife as joint tenants, as to an
undivided one half interest
By:
G dire Cardoux
By�r zeut'
arie Cardoux
Nerses Cardoux
By:
Kenarig aux
(Beneficiary to print/type document
information, blame, Title and attach Notary
Acknowledgment)
� 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
GC' ��G SS .iCCS^t�{ >f`S�C(S�SCS+Y'FGCi'yS' {�'�tmCGS'Yn C L{ Se'Y Xd ZCj G^i6�(fGC6C C C _ �,C: XM4
A notary public or other officer completing this certificate verifies only the identity of the individual who signed,the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California ]
,County rrof �r__ J D, ]
On before me, �C►'4-e Aio
Date Here Insert Name and Title Jf the Office
F
personally appearedLMr,,0,',eJ
amefs)of Signer(s)
, � Lit f. ;� yr_ a.~� iP ate- ✓,-jG� L16 J�C
who proved to me on the basis of satisfactory evidence to be the pers whose namal__W r�
subscribed to the within instrument and acknowledged to me tha executed the same in
4+sfh tlfVi authorized capacir;aO, and that by hi%A;a l ei signatugms)on the instrument the persora
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.
LORRIE A.CENTENO WITNESS my hand and of€iei seal.
Fresno County•COMM: 020446$0 z
a►• Rotary Public •County
rnia .20
Damm, Eat lies Hov,{�ZOt1 Signat
Signature of Notary Public
Place Notary Seal Above
OPTiOM4L
Though this section is optional, completing this information can defer alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: 3t
Document Date: �qr�!;- Iin _ Number of Pages: 1
Signer(s) Other Than Named Above:
Capacity[ies) Claimed by 5igner{sj
Signer's Name: Signer's Name:
❑Corporate Officer - Title(s): ❑Corporate Officer- Title(s):
0 Partner - ❑Limited ❑General ❑Partner - ❑Limited C General
Individual G Attorney in Fact ❑Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee Ll Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing, Signer Is Representing:
02015 National Notary Association-www.NationaiNotary.org- 1-840-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT NO. 6087
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)
44- 1.0 inch Meters @ $ 330.00/Meter = $ 14,520.00
Less amount paid with E.I.B.P.` _ $ 3,300.00
Estimated Net Deferred Water Meter Charge = $ 11,220.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
15.3522 Gross Acres @ $643.00 lac. _ $ 9,877.89
Less Estimated UGM TGM Credits = $ 21,432.00
Estimated Net Deferred UGM TGM Charge r $Paid wl Credits
D. Transmission Grid Main Bond Debt Service Charge
15.3622 Gross Acres @ $243.00 lac. _ $ 3,733.01
Less amount to be paid for E.i.B.P.* _ $ 924.42
Estimated Net Deferred TGM Bond Debt Service Charge = $ 2,808.59
E. Frontage Fee
0 Lineal Feet @ $ 6.50 lLF = $ 0.00
F. 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Area,
44 Living Units @ $ 895.00/ Unit = $ 39,380.00
Less amount paid with E.I.B.P." _ $ 8,950.00
Estimated Net Deferred 1994 Bond Debt Service Fee = $ 30,430.00
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
ll. SEWER CONNECTION CHARGES R SEWER RELATED CHARGES
A. UGM Oversize Sewer Charge
UGM Reimbursement Area
156,600 Square Feet @ $0.05 I Sq. Ft. _ $ 7,830.00
Less estimated Oversize Credits = $ 4,218.00
Less estimated Overdepth Credits = $ 25,305.00
Estimated Deferred UGM Oversize Sewer Charge = $Paid wl Credits
B. Lateral Sewer Charge
0 Square Feet @ $4.10 1 Sq. FL _ $ 0.00
C. Housebranch Sewer Charge = $ NIA
C. Copper Avenue Sewer Lift Station Charge
44 Living Units @ $71.70 /Unit "' = $ 3,154.80
Less amount to be paid for E.I.B.P.' = $ 717.00
Estimated Net Deferred Capper Avenue Sewer Lift Station = $ 2,437.80
D. The following sewer connection charges are not deferrable under the
terms of this covenant:
1. Trunk Sewer Charge
2. Wastewater Facilities Sewer Charge
3. Sewer Capacity Enhancement Charge
" Fee rate adjusted to CRR WWrF Recalculation Agreement per DPU Director memo dated
July 7, 2075
Ill. CITYWIDE IMPACT FEES
A. Traffic Signal Charge
44 Living Units @ $450.941 Unit = $ 19,841.36
Less amount paid with E.1.8.P.* _ $ 4,509.40
Estimated Deferred Traffic Signal Charge = $ 15,331.96
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 @ Building Permit- Reso. 07-291)
14
IV. COPPER RIVER RANCH IMPACT FEES
A. Sewer Backbone System Facility Fee
44 Living Unit Equivalents @ $ 877.00 /Unit = $ 38,588.00
Less amount paid with E.I.B.P." _ $ 8,770.00
Estimated Deferred Sewer Backbone Facility Fee = $ 29,818.00
Early Issuance of model home Building Permit.
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