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Home My WebLink AboutPM 2005-40 - Agreement/Covenant - 12/20/2006 ' P D When Recorded Mail To City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 12/19/2006,20060264432 NO FEE -Govt. Code 6103 CITY of FRESNO Fire Department cc O U. Z O U W a W J IL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT REQUIRING FIRE PROTECTION MEASURES TO BE PROVIDED AND MAINTAINED FOR CERTAIN PARCELS WITHIN PARCEL MAP NO. 2005-40 Statement of Covenants Fire Protection Measures Parcel Map No. 2005-40 Page 2 RECITALS WHEREAS, PARK PLACE HOLDINGS, LP, a California Limited Partnership and TINGEY PROPERTIES LLC, a California Limited Liability Company, hereinafter referred to as the "Covenantor,"without regard to number or gender, is the owner of certain real properties in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the"Subject Property" and more particularly described as: Parcels A, B, C, D, E, H, I and J, inclusive, of Parcel Map No. 2005-40 according to the map thereof recorded on L zmher �Q , 200 in Book _��of Parcel Maps at Page(s) 93 F Cly , Fresno County Records; and WHEREAS, the 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 that all such instruments of Subordination, if any, are attached hereto and made part of this instrument; and WHEREAS, the location of the Subject Property is beyond two miles travel distance limitation from any existing operational fire station; and WHEREAS, in order to provide an acceptable level of fire protection services to the Subject Property, the Fresno City Fire Department requires additional fire protection measures be made i and taken to the structures on the Subject Property: and WHEREAS, the Fresno City Fire Department has determined that an acceptable level of i fire protection services can be provided to the Subject Property provided the structures on the Subject Property are constructed with a fire sprinkler system of appropriate design for the particular structure acceptable to the Fresno City Fire Department or alternatively to build in accordance with the provisions of FMC Section 12-4.508.E.2. i Statement of Covenants Fire Protection Measures Parcel Map No. 2005-40 Page 3 COVENANTS, CONDITIONS AND RESTRICTIONS COVENANTOR hereby covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions, and restrictions, which are for the purpose of delivering fire protection services to the Subject Property,the surrounding property,and the public at large, and to minimize possible adverse effects on the public health, safety, peace, and general welfare. 1. Each of the covenants, conditions,and restrictions contained in this Statement shall run with the Subject Property and shall be binding upon and inure to the benefit of each successive owner of the Subject Property and his heirs, administrators, successors, and assigns. 2.a. Covenantor agrees to construct each structure on the Subject Property with a fire sprinkler system of appropriate design for the particular structure acceptable to the Fresno City Fire Department or comply with the alternative provisions of FMC Section 12-4.508.E.2 which will limit the issuance of building permits for certain Parcels of the subject property as determined by the Fire Chief. 2.b. Covenantors who have elected to construct structures on Parcels within the Subject Property with a fire sprinkler system shall maintain such system in working order at all times. Upon the sale of such Parcels by Covenantor to the initial purchaser (the "Initial Purchaser"), the Initial Purchaser, and his/her/their successors interest, heirs and assigns, shall be solely responsible for maintaining the fire sprinkler system located in, or on such Parcels within the Subject Property, at his/her/their sole cost and expenses. Any additions, improvements and other modifications to the structure or to the fire sprinkler system shall maintain the integrity and effectiveness of the fire sprinkler system and shall be made pursuant to permits issued by the City Planning and Development Department and approved by the City of Fresno Fire Department. Statement of Covenants Fire Protection Measures Parcel Map No. 2005-40 Page 4 3. The foregoing conditions shall remain in full force and effect until such time that the Fire Chief of the City of Fresno issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 4. The provisions of this Statement shall be deemed independent and severable and the validity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceablility of any one provision or portion hereof. Whenever the context thereof requires,the neuter shall include the masculine or feminine, or both, and the singular shall include the plural. It is the intention hereof that this shall constitute a covenant running with the Subject Property owned by the undersigned,jointly and severally binding upon the undersigned and each of their heirs, representatives, successors and assigns. Statement of Covenants Fire Protection Measures Parcel Map No. 2005-40 Page 5 DATED: I2 1 U CITY OF FRESNO, COVENANTOR a Municipal Corporation PARK PLACE HOLDINGS, LP A California Limited Partnership By: TUTELIAN AND COMPANY, INC. i A Calif o or Randy R. Brue-g Fire Chief By: Fire Department Cliff Tutelian, President TINGEY PROPERTIES LLC A California Limited Liability Company APPROVED AS TO FORM: J By: I Charles L. Tingey, ManAger JAMES C. SANCHEZ City Attorney B (Attach Notary Acknowledgments) SUBORDINATION THE UNDERSIGNED as holder of the beneficial interests in and under those certain Deeds of Trust recorded on November 23, 2005, in the office of the Fresno County Recorder as Document Nos. 20050276860 and 20050276861, both of which Deeds of Trust in, by and between: PARK PLACE HOLDINGS, LP, a California limited partnership, as Trustor, UNITED SECURITY BANK, as Trustee, and UNITED SECURITY BANK, as Beneficiary, hereby expressly subordinate said Deeds of Trust and their beneficial interests thereto to the foregoing statement of Covenants Affecting Land Development Requiring Certain Fire Protection to be Provided and Maintained for the Parcel Map no. 2005-40. DATED: Wag , 2006 BENEFICIARY: UNITED RITY BANK By: odlee A. Braa Its: SVP and CC Y. Ken onahue Its: SVP and CFO STATE OF CALIFORNIA COUNTY OF FRESNO n On 1 Q , 2006, BEFORE ME,T�",0Ljj Kl�tj �l L��'� , a Notary Public,personally appeared.RHODLEE A. BRAA and KEN DONAHUE, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal Q PAMELA KAY ALLEGRO rn Comisslon#1477788 Notary Public-California Fresno County My Comm.Expires Mar 20,2008 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA Iss COUNTY OF FRESNO On �'.Zg before me, KELLY G. SWERTFAGER, NOTARY PUBLIC personally appeared r 1-1, NAMES ER(S) personalty 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/shehhey executed the same in hislher/their authorized capacity(les),and that by histher/their KELLY G. SWERTFAGER signature(s)on the instrument the person(s),or the entity upon behalf of -y COMM. #1658750 -+ which the person(s)acted,executed the instrument. NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY WITNESS m hand and offi ' i seal. 4014y Comm.Expires May 14,2010 SI(61ATUR9 OF NOTARY 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA )SS COUNTY OF FRESNO On U- -,5,0 - Q 6 before me, KELLY G. SWERTFAGER NOTARY PUBLIC personally appeared 01 �� I CGLvv , 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 helshe/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 KELLY G. SWERTFAGER which the person(s)acted,executed the instrument. COMM. #1658750 WITNESS my hand and official seal. �. NOTARY PUBLIC.CALIFORNIA.�. FRESNO COUNTY 01MV Comm.Expires May 14,2010 SIGNATURE OF NOTARY 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 CLERK'S CERTIFICATION State of California) County of Fresno) On December 14. 2006 , before me, Elvia Sommerville , Deputy City Clerk, personally appeared, Kerri L. Donis, Deputy Chief/Fire Marshal, 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 be 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 v a' Yt'6�c5r�t�� Deputy