HomeMy WebLinkAboutPM 2007-03 - Agreement/Covenant - 6/24/2009 (5) When Recorded Mail To:
0612212009,20090084180
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
C CITY OF FRESNO
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STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR VESTING TENTATIVE PARCEL MAP
NO. 2007-03
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT FOR VESTING TENTATIVE PARCEL MAP NO. 2007-03
July 10, 2008
Page 2 of 9
RECITALS
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WHEREAS, Central Plaza Shopping Center, LLC., and, Frank Chimienti and Pasqua
Chimienti, as trustees under the Frank Chimienti and Pasqua Chimienti Revocable Living
Agreement dated March 29, 1993, hereinafter referred to as the "Covenantor," are the owner(s)
of the real property in the City of Fresno, County of Fresno, State of California, hereinafter
referred to as.the ".Subject Property" and more particularly described as follows:
Parcels "A" through "E" of Parcel Map No. 2007-03 according to the map
thereof recorded in Book of Parcel Maps at Page(s)
7 f S S , 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 a part of
this instrument; and,
WHEREAS, the Covenantor has applied to the City of Fresno for a Parcel Map to
authorize a six-lot planned development subdivision of the Subject Property; and,
WHEREAS, the Covenantor intends to develop and subdivide the Subject Property in
accordance with the requirements of the approved Tentative Parcel Map application designated
as Vesting Tentative Parcel Map Application No. 2007-03 and any amendments thereto,
hereinafter referred to as the "Parcel Map'; and,
WHEREAS, the Subject Property is zoned C-6 (Heavy Commercial) zone district; and,
WHEREAS, the Subject Property is designated by the 2025 Fresno General Plan and
the West Area Community Plan for development with General, Heavy Strip Commercial planned
land uses; and,
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT FOR VESTING TENTATIVE PARCEL MAP NO. 2007-03
July 10, 2008
Page 3 of 9
WHEREAS, the Subject Property has been proposed to be developed as an integrated
commercial "Planned Development" with areas designated for common and/or reciprocal use;
and,
WHEREAS, the City of Fresno is unable to find that Parcel Map No. 2007-03 is in
substantial compliance with the Conditions of Approval for Vesting Tentative Parcel Map No.
2007-03 until the Covenantor provides assurance that the development of, and improvements
to, the subject property will be constructed and maintained in compliance with the conditions of
approval of'the Parcel Map, the California Building Code and the Fresno Municipal Code; and,
WHEREAS, the City of Fresno desires to obtain covenants from the Covenantor to
insure that the Subject Property is not developed, used, or maintained in such a way as to
adversely affect adjacent and/or adjoining properties.
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of Parcel Map No. 2007-03, the 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 enhancing attractiveness, usefulness, value, and
desirability of 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.
Each of the covenants, conditions, and restrictions contained in this Statement will run with the
Subject Property and shall be binding on each successive owner of the Subject Property and his
heirs, administrators, successors, and assigns.
1. Covenantor hereby covenants as follows:
a) The subject property shall be developed only with buildings which adhere and
conform, in a uniform fashion, to the exterior architectural design of other structures
located on the subject property and in a manner which is suitable, harmonious, and
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT FOR VESTING TENTATIVE PARCEL MAP NO, 2007-03
July 10, 2008
Page 4 of 9
in keeping with the general appearance, character, and/or style of the subject
property. Exceptions may only be made for buildings affiliated with a tenant wherein
a "corporate" identity, image, or appearance is desired to be maintained, in which
case the architectural character and defining features of a building shall be
compatible with and complementary to the other structures located on the subject
property excepting only those requested design modifications as may be approved
by the Planning and Development Department to maintain said"corporate" identity.
b) Each owner of the subject property, or portion of the subject property, and each
successor shall participate in a master sign program for the planned, unified
development of the subject property in accordance with Section 12-1708 of the
Fresno Municipal Code. The master sign program must be approved for the entire
development before individual sign permits for the subject property will be issued.
The master sign program shall consider the size, design, colors, character and
location of the proposed signs.
c) Pedestrian walkways, pathways, and concrete improvements shall be treated
consistently and uniformly for each property within the limits of the subject property
(e.g. surface texture, design, stamping, etc.).
d) Exterior and parking lot lighting installed on each property within the Limits of the
subject property shall be of a consistent fixture and uniform style and type, which is
complementary to the architectural style of the structures on the subject property.
The conditions listed above shall be complied with to the reasonable satisfaction of the
City of Fresno's Director of Planning and Development, regardless of whether the
parcels of the Subject Property are owned or leased by the same or different persons or
entities.
2. Covenantor shall maintain and repair improvements on the subject property, in such a
manner that will not limit, impair, or violate the terms included within this covenant and/or the
enforceability of conditions on the Subject Property, in compliance with the approved Parcel
Map and/or related entitlements, Building Code and the Fresno Municipal Code.
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT FOR VESTING TENTATIVE PARCEL MAP NO. 2007-03
July 10, 2008
Page 5 of 9
3. The cost of maintenance and repair of improvements on the subject property shall be the
responsibility of the Covenantor unless otherwise agreed between the property owners of each
parcel of the Subject Property by written agreement.
4. At such time Covenantor or subsequent owner(s) sells or transfers any parcel of the
Subject Property, the owner shall disclose this Statement to the buyer and reserve and except
from the deed for the parcel(s), the terms of this Statement.
5. The conditions of this Statement are intended to benefit the public and public properties
as well as properties appurtenant. Accordingly, the City of Fresno shall have the right to
enforce this Statement by any legal or equitable means against the Covenantor and such
person or persons in actual possession of the Subject Property who directly or who through any
agent violate the terms hereof. All obligations of the Covenantor under this Statement shall
inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of such
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.
6. The failure to abide by the terms of this covenant may result in the revocation of the
Certificate of Occupancy for the use of any portion of the Subject Property affected, in addition
to other penalties and remedies available to the City.
7. If the City is required to commence any proceeding or legal action to enforce or interpret
any term set forth in this Statement of Covenants, 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.
8. Each of the covenants, conditions, and restrictions contained in this Statement shall run
with the Subject Property and shall be binding on each successive owner of the Subject
Property, his heirs, representatives, successors, and assigns.
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT FOR VESTING TENTATIVE PARCEL MAP NO. 2007-03
July 10, 2008
Page 6 of 9
9. The conditions and obligations of this Statement shall remain in full force and effect until
such time as the Planning and Development Department Director of the City of Fresno issues a
written release of such conditions and obligations and records such release with the Fresno
County Recorder.
10. The provisions of this Statement shall be deemed independent and severable and the
invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall riot
affect the validity or enforceability of any other provisions hereof. Whenever the context of the
Statement so requires, in interpreting this Statement, any gender includes the other genders,
the singular includes the plural, and the plural includes the singular.
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT FOR VESTING TENTATIVE PARCEL MAP NO.20,07-03
July 10,2008.
Page 7 of 9
Dated: MAY I9,2lX3�
CITY OF FRESNO COVENANTOR
a Municipal Corporation CENTRAL.PLAZA SHOPPING CENTER,LLC.
A Limited Liability Corporation
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By
Hatvinder Virk
FRANK CHIMIENTI,
As Trustee
By
K&I-y QER67-IMA, INIWIM AiRraoR
409K R1*9YR49,
Planning and Development Department PASQUA CHIMIENTI
As Trustee.
.By CIA 4, 4 4 4 A V t
APPROVED AS TO FORT*
JAMES C. SANCHEZ
By
Deputy
(Attach Notary.Agknowledgments for
Covenantor)
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On May 20, 2009, before me, Jennifer Morelos, Deputy City Clerk, City of Fresno,
personally appeared, Keith Berqthold, Interim Director, 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 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) 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.
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
F '�
of
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10
CERTIFICATE OF ACKNOWLEDGEMENT
State of California )
County of Fresno )
On July 14, 2008 before me, Shirlen D. Vish Notary Public, personally appeared
HarvinderVirk , who proved to me on the basis of satisfactory evidence to be the
persons)-whose name(s) is/afe subscribed to the within instrument and acknowledged to
me that he/sheer executed the same in hisAierAhei authorized capacity(ies) and that
by his/13ef4hei 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.
SNNUM O.MSH
COMMISSIONS 1798254 p
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CERTIFICATE OF ACKNOWLEDGEMENT
State of California )
County of Fresno )
On July 16, 2008 before me, Shirlen D. Vish Notary Public, personally appeared
Frank Chimienti , who proved to me on the basis of satisfactory evidence to be the
person( -whose name(s) isle subscribed to the within instrument and acknowledged to
me that he/she%hey executed the same in his/hef4hei-r authorized capacity(ies), and that
by his/hef 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. s►+xaENo.lnsH
' COMMISSION*1798254
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FRESNO COUNTY
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Signature (Seal)
CERTIFICATE OF ACKNOWLEDGEMENT
State of California )
County of Fresno )
On July 16, 2008 before me, Shirlen D. Vish,Notary Public, personally appeared
Pasqua Chimienti , who proved to me on the basis of satisfactory evidence to be
the persono*whose names)is/are subscribed to the within instrument and acknowledged
to me that he/she4hey executed the same in lis/herAheir- authorized capacity(ies)-, and
that by 14s/her4heir- signature(s) on the instrument the person(s), or the entity upon behalf
of which the persons) 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.
SHIRIEN D.viva
IL
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Signature �� �/GQI�. (Seal)
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT FOR VESTING TENTATIVE PARCEL MAP NO. 2007-03
July 10, 2008
Page 9 of 9
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on May 15, 2008, as Document No. 2008-0071048 of Official Records, of which the Deed
of Trust in, by and between Central Plaza Shopping Center, LLC, as Trustor, Financial Title
Company, as Trustee, and Liberty Bank, as Beneficiary, hereby expressly subordinates said Deed
of Trust and its beneficial interest thereto the foregoing statement of covenants affecting land
development.
DATED: 2008 Liberty Bank
Lowell G. Hallock,_,Tr- -
EVP/ Chief Lending Officer
Larry W. Woods
President/Chief Executive Officer
(Printed Name of Person) (Si nature of Authorized Representative)
(Attach Dated Notary Acknowledgments to this document)
, Y
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 7A&X MAY-
On Alt, Z009/ before me, "AVJ iL F_ 6U2man l Alt fide '64 m.0
Date ( � Here Insert Name/and TAflet e Officer
personally appeared '�-U w di'I'� f V
Name(s)of Signers)
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who proved to me on the basis of satisfactory evidence to
be the person s) whose names j8 are subscribed to the
within instrument and acknowledged to me that
hersjae�t� executed the same in 1s/her/their authorized
capacity(ies , and that by bts/Wr/t si natures on the
instrument the person s), or the entity upon behalf of
MARIA E.GUZMAN which the persons acted, executed the instrument.
Commission#1567190
Notary Public- ComoCalltola
Z I cert under PENALTY OF PERJURY under the laws
San Mafeo County Y comm.Expires Apr s,2009 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
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Signature , 9
Place Notary Seal Above Sig/lure of NoMy Public
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Description of Attached Document
Title or Type of Document: ]
Document Date: ! a l � Number of Pages: -1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑ General _
❑ Attorney in Fact ❑Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
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