HomeMy WebLinkAboutPM 2007-33 - Agreement/Covenant - Fee Deferral - 9/27/2018 I
RECORDING REQUESTD BY AND 1 III I IN 1111111111111111111111111111111111111
WHEN RECORDED MAIL TO: FRESNO County Recorder
Paul Dictos, C,P,A,
City Clerk DDC— 2018-0117782
City of Fresno Acct 8004-Placer Title - Fresno ER
2600 Fresno Street Thursday, SEP 27, 2018 08:00:00
Fresno, CA 93721-3603. Ttl Pd $55.00 Rcpt # 0005081184
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NO FEE-Government Code 6103
CITY of FRESNO
Development& Resource Management Department
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 PARCEL MAP NO. 2007-33
Statement of Covenants
Fee Deferral
Parcel Map No. 2007-33
Page 2
RECITALS
WHEREAS,GINDER DEVELOPMENT CORP.,A California Corporation,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:
Parcels A B , C, D, E, F and G of Parcel Map No. 2007-33 as recorded
in Book of Parcel Maps at Page(s) Z , Fresno County
Records.
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 Parcel Map No.2007-33(hereafter,
"Project'), require the payment of applicable sewer connection charges,water connection charges,
Urban Growth Management fees,City-wide Fees,Traffic Signal Charge and/or the Millbrook Overlay
Sewer fee (hereafter,"Fees")in accordance with the provisions of Chapters 9, 11, 12 and 14 of the
Fresno Municipal Code, Resolution No.95-117 and Resolution No.95-118(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) 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("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
Z--
Statement of Covenants
Fee Deferral
Parcel Map No. 2007-33
Page 3
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 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 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
Statement of Covenants
Fee Deferral
Parcel Map No. 2007-33
Page 4
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
Covenant except as set forth in subsection "b", below. 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.
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 Covenant 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 Agreement 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 parcel map or as may be deferred by a
this Statement of Covenants or applicable fee deferral covenant. If the parcel 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 of the
Statement of Covenants
Fee Deferral
Parcel Map No. 2007-33
Page 5
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 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 Statement of Covenant
violate Government Code Section 65961.
9. Each of the covenants,conditions,and restrictions contained in this Statement of Covenant
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 of Covenant.
10. The conditions of this Statement of Covenant are intended to benefit the public and public
properties. Accordingly, the City shall have the right to enforce this Statement of Covenant by any
legal or equitable means. All obligations of the Covenantor in this Statement of Covenant shall inure
solely to the benefit of the City. There are no third party beneficiaries of said obligations nor shall
Statement of Covenants
Fee Deferral
Parcel Map No. 2007-33
Page 6
the right of the City 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"or as"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. Waiverof 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 Covenant, 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 Covenant 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 Covenant 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 other provision hereof. Whenever the context of the
Statement of Covenants
Fee Deferral
Parcel Map No. 2007-33
Page 7
Statement of Covenant so requires, in interpreting this Statement of Covenant,any gender includes
the other genders, the singular includes the plural, and the plural includes the singular.
7
Statement of Covenants
Fee Deferral
Parcel Map No. 2007-33
Page 8
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
GINDER DEVELOPMENT CORP.,
Development& Resource A California Corporation
Management Department
Jennifer K. Clark, Director
By: By:
Jen 'ifeClark, Director card C. Ginder, Jr., Pt/lent
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By: �fCG
r Mary Raterman-Doidge
'ta✓ Deputy City Attorney
Date:!/IZ9
(Attach Notary Acknowledgments)
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 201 8 , before me, Ranisa Wells , Notary Public,
personally appeared Richard C. Ginder Jr. , 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.
RANISA WELLS
Notary Public-California
a "=o Fresno County
i Commission #2164679
My Comm.Expires Oct 10.2020
Signature: _
(affix seal in above space)
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 August 31, 2018 before me, Cindy J. Bruer, Deputy 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) 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
YVONNE SPENCE, CMC
City Clerk, City of Fresno
By
EXHIBIT "A'
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR PARCEL MAP 2007-33
Project Zoning: CC/UGM, CG/UGM
I. WATER CONNECTION CHARGES
A. Service Connections (flat rate cost basis only)
_inch Services @ $_/Service = $ N/A
B. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
9.9057 Gross Acres @ $643.00/ac. _ $ 6,369.37
Estimated Net Deferred UGM TGM Charge = $ Satisfied w/A.D. 131
C. Transmission Grid Main Bond Debt Service Charge
For Parcels Under 5 Gross Acres
9.9057 Gross Acres @ $243.00/ac. _ $ 2,407.09
Estimated Net Deferred TGM Bond Debt Service Charge = $ 2,407.09
D. Frontage Fee
1,681 Lineal Feet @ $ 6.50/LF = $ 10,926.50
Estimated Deferred Frontage Fee = $ 10,926.50
E. 1994 Bond Debt Service Fee
201 1994 Bond Debt Service Area.
41 Living Unit Equivalents @ $0.00/Unit = $ 0.00
F. 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
188,100 Square Feet @ $0.05/ Sq. Ft. _ $ 9,405.00
Estimated Net Deferred UGM Oversize Charge = $ 9,405.00
B. Lateral Sewer Charge
185,800 Square Feet @ $0.10/ Sq. Ft. _ $ 18,580.00
Estimated Net Deferred Lateral Sewer Charge _ $ 18,580.00
C. Housebranch Sewer Charge = $ N/A
D. The following sewer connection charges are not deferrable under the terms
of this covenant:
1. Trunk Sewer Charge
2. Wastewater Facilities Sewer Charge
Ill. CITYWIDE IMPACT FEES
A. Traffic Signal Charge
Average Daily Trips @ $ 47.12 /ADT = $ Satisfied w/A.D. 131
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)
document:\wp51\deferraNPM2007-33exhibitA March 29,2018
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EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
PM No. 2007-09 Sewer, Water & Citywide Fees DUE /,DEFERRED BY COVENANT
Water Water TGM Sewer Sewer Regional
Lot Lot Frontage Bond Debt Lateral Oversize Street
No. Area Amount Amount Amount Amount Amount
Due Due Due Due Due
A 31816 $1,131.00 $249.29 $1,924.30 $974.00 $14,778.18
B 16836 $598.00 $131.92 $1,018.30 $515.45 $7,820.05
C 29573 $1,053.00 $231.72 $1,788.60 $905.40 $13,736.18
D 17602 $624.00 $137.93 $1,064.60 $538.90 $8,176.16
E 45776 $1,631.50 $358.67 $2,768.60 $1,401.45 $21,262.86
F 27803 $988.00 $217.85 $1,681.60 $851.20 $12,914.72
G 137795 $4,901.00 $1,079.70 $8,334.00 $4,218.60 $64,005.07
document:\q\print\h 29-Mar-18
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