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Home My WebLink AboutPM 2005-40 - Agreement/Covenant - 1/3/2007 RECORDING REQUESTED BY, FRESNO County Recorder AND WHEN RECORDED, MAIL TO: Robert C. WernerDOC— 2006_0239255 Thursday, NOV 09, 2006 13:22:29 FRESNO METROPOLITAN FLOOD jtl Pd $0,00 Nbr-0002347438 CONTROL DISTRICT APR/Ri/1-6 5469 East Olive Avenue Fresno, California 93727 AGREEMENT 14401G)-DH DEVELOPMENT AGREEMENT L This Agreement is made and entered into thisall day of��OJ6R-"*— ,2006 by and between Fresno Metropolitan Flood Control District,a California public corporation("District")and Park Place Holdings L.P. by Tutelian and Co., General Partner("Owner"). RECITALS WHEREAS, the District has adopted and bears responsibility for implementation of the Storm Drainage and Flood Control Master Plan for the Fresno County Stream Group area; and WHEREAS,the District has identified local planned drainage areas on said Master Plan,such as Drainage Area "DH"; and WHEREAS, the Owner wishes to pursue construction of the following described development of CUP 2004-318 and PM 2005-040 on("the Project"),APN's 405-530-42,43 and44, as identified on Exhibit No. 1 attached hereto; and WHEREAS,runoff from Drainage Area"DH"ultimately drains to the San Joaquin River and runoff quality from commercial land uses is required to be mitigated prior to discharge into the public drainage system; and K:1Dcvcluper Agreements\20064rgnntl440(g)-dh(park placexmw)deve agrmt-private facilities to district.doc private facilities revised September 20,2004,approved by Baker,Manock&Jensen r WHEREAS, Owner is obligated to mitigate runoff quality impacts from the Project and desires to incorporate such mitigation into a private on-site storm drainage collection system ("Private Facilities"). NOW,THEREFORE, it is mutually agreed as follows: 1. The Owner shall mitigate the quality of runoff from the Project prior to discharge into the public drainage system in a manner approved by the District. 2. The Owner is constructing Private Facilities which is connected to the District's storm drainage system. All discharges of storm water from the Private Facilities to District's storm drainage system shall be free of solids and debris. The method of removal shall be subject to District's review and written approval and may include debris bags or filters within the Private Facilities or other debris catching devices. 3. The Owner shall implement a regular maintenance program for the debris catchments to insure the Private Facilities are maintained and in good working order at all times. If the Private Facilities are not properly maintained such that they could adversely impact the drainage flows or storm water quality, the Owner shall immediately remedy such potential adverse impact. Should Owner at any time fail to remedy the same, the District may (but is not required to) perform, at Owner's expense, any and all work necessary to maintain the Private Facilities and restore the capacity, quality, and/or service levels. 4. The Owner shall pay to District the amount of any expense incurred by the District pursuant to the provisions of Paragraph No. 3 within thirty(30)days of receiving written notice of the amount from the District. The Owner hereby grants the District a lien on the property (CUP - r 2004-318 and PM 2005-040, APN's 405-530-42, 43 and 44), as shown on Exhibit No. 1, for any _ KADevcloper AgrccmcntsU0061agnntl440(g)-dh(park placexmw)deve agrmt-private facilitics to district.doc private facilities revised September 20,2004,approved by Baker,Manock&Jensen costs incurred by District pursuant to the provisions of Paragraph No. 3 and not so reimbursed by Owner. Prior to recording any liens on said property,CUP 2004-318 and PM 2005-040,APN's 405- 530-42, 43 and 44, District will provide written notice to Owner by certified letter, return receipt requested, giving Owner thirty(30) days written notice of any defaults related to the reimbursable costs which are subject to the lien. The payment by Owner within the thirty(30)day notice period will avoid the recording of any lien on the property. 5. The obligations set forth herein are both personal to Owner and constitute covenants running with the land such that they are binding on Owner's successors-in-interest in the land and remain binding upon Owner after its sale of the land or any portion thereof. I WITN EOF,the parties hereto have caused this Agreement to be executed this�day of , 2006. "Owner" Park Place Holdings, L.P. By Tu and C ., G er P ner B Y Cliff Tute ,/President C LZ lr Vo (#.D "District" Fresno Metropolitan Flood Control District, a California public corporation By D��.. 440!( Bob Van Wyk, General Manager-Secretary "District" KADcvcloper Agrecments\20Wagrmt 1440(8)-dh(park placexmw)deve agrmt-private facilities to district.doc private facilities revised September 20,2004,approved by Baker,Manock&Jensen r . CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California } } ss. County of Fresno } On October 24, 2006, before me, Esther Schwandt, Notary Public, personally appeared : Bob van Wyk, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ES:FRESNO ANDT .. CU 04 WITNESS m hand and official seal. NOTAALIFORNIAf? Y NTYMy Coe 13,2009 f Notary Name: Esther Schwandt Notary Phone: (559) 456-3292 Commission#: 1579424 Fresno County My Commission Expires: June 13, 2009 OPTIONAL Description of Attached Document Titre or Type of Document: Development Agreement Document Date: October 24, 2006 Number of Pages: 3 plus attachments Signer Other Than Named Above: Cliff Tutelian Capacity Claimed by Signer Signer's Name: Bob Van Wyk Corporate Officer —Title: General Manager/Secretary Signer is Representing: Fresno Metropolitan Flood Control District Original document bears my embossment f, �` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA Iss COUNTY OF FRESNO On �J` ( � - before me, KELLY G. SWERTFAGER NOTARY PUBLIC personally appeared I a NAME(S)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 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. KELLY G. SWERTFAGER .1 COMM. #1658750 —+ WITNESS my hand and official seal. ►�- NOTARY PUBLIC•CAI I4,201 r FRESNO COUNTY ' My Comm.Expires May 14,2010 NATURE OF NOT r OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED or GENERAL ATTORNEY-IN-FACT TRUSTEE(S) NUMBER OF PAGES GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING; NAME OF PERSON(S(OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 4r 4r[301 NEES AVE. M-G QQv ACALA LEGEND Master Plan Facilities To Be Constructed By Developer- Pipeline(Size Shown)&Inlet.(Eligible For Fee Credit) Non-master Plan Facilities To Be Constructed- (Not Eligible For Fee Credit) 36'[301 36'Pipeline Creditable @ 30' 42'130 42'Pipeline Creditable @ 30" = _= `r . = ` ❑-- —— Existing Master Plan Facilities i�—= !lities .--r •�:�,� :- Drainage Area Boundary = �--- Future Master Plan Facilities D Property Subject to lien AGREEMENT 1440(G)-DH DRAINAGE AREA:"DW EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT 0PAft9r.0000 are twos