HomeMy WebLinkAboutPM 2007-06 - Agreement/Covenant - 1/5/2011 When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
1212112010,20100169165
NO FEE -GOVERNMENT CODE 6103
CITY OF FRESNO
O Planning and Development Department
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STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT TO CREATE MUTUAL
EASEMENTS AND RECIPROCAL USES FOR
PARCEL MAP NO. 2007-06
Statement of Covenants Affecting Land Development
Parcel Map No. 2007-06
Page 2
WHEREAS, PALMETTO HOSPITALITY OF FRESNO HOLDINGS, LLC,a California Limited
Liability Company, hereinafter referred to as"Covenantor,"is the owner of the real property situated 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 and B, inclusive, of Parcel Map No. 2007-06 according to the
map thereof recorded in Book 90 of Parcel Maps at
Page(s) &S 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 that all such
instruments of Subordination, if any, are attached hereto and made a part of this instrument; and
WHEREAS, Covenantor has developed, or intends to develop the Subject Property with
buildings, structure, parking and parking areas, driveways, driveway approaches, landscaping,
landscape irrigation, water for domestic and fire protection purposes, sanitary sewer disposal, gas,
electric, tele-communication services, solid waste facilities, storm water drainage, emergency
accesses, required walls/fences and other requirements in accordance with the approved Special
Permit application designated as Conditional Use Permit No. C-04-213 and any amendments thereto,
hereinafter referred to as Special Permit, in such a manner that each parcel of the Subject Property
will be compelled to use portions of other parcels of the Subject Property; and
WHEREAS, the City of Fresno is unable to find that Parcel Map No. 2007-06 is in substantial
compliance with the Conditions of Approval for Tentative Parcel Map No. 2007-06 dated
September 10, 2007 (Tentative Map) until the Covenantor provides assurances that such
improvements and buildings will be constructed and maintained in compliance with the conditions of
approval of the Special Permit,Tentative Map, the California Building Code and the Fresno Municipal
Code; and
Statement of Covenants Affecting Land Development
Parcel Map No.2007-06
Page 3
COVENANTS, CONDITIONS AND RESTRICTIONS
In consideration of the approval and recording of said Parcel Map by the City of Fresno, 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 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 or her heirs,
successors, and assigns.
1. Each parcel of the Subject Property shall be developed and used in such a manner as
to enable reciprocal cross access between and among the parcels as approved by the City of Fresno
in the Special Permit, regardless of whether the parcels of the Subject Property are owned or leased
by the same or different persons for the following purposes:
a. Pedestrian and vehicular ingress and egress;
b. Shared parking;
C. Drainage for storm water and storm water facilities;
d. All utilities (including but not limited to gas, electricity, water, fire suppression
systems, sanitary sewer, tele-communications, etc.);
e. Access to all buildings and areas for emergency services;
f. Landscaping; walls/fences; solid waste facilities; and
g. Any additional uses pursuant to amendments to the Special Permit approved
by the City.
2. Mutual easements appurtenant are hereby created and apply to each parcel of the
Subject Property as a burden and benefit, to satisfy the need for cross access.
Statement of Covenants Affecting Land Development
Parcel Map No. 2007-06
Page 4
3. Any buildings or structures constructed on any parcel of the Subject Property must
comply with the prevailing California Building Code.
4. Covenantor shall maintain all landscaping within the limits of the Subject Property in full
compliance with all applicable provisions of the Fresno Municipal Code.
5. Covenantor shall repair and maintain all components of the fire suppression water
system installed on the Subject Property including but not limited to those components relating to the
underground water supply for the fire suppression system in full compliance with all applicable federal
and state laws and the Fresno Municipal Code.
6. Covenantor shall maintain and repair the improvements and buildings, in such a
mariner that will not limit or impair such mutual non-exclusive uses across parcel lines within the
Subject Property, in compliance with the approved Special Permit, Tentative Map, the California
Building Code and the Fresno Municipal Code.
7. The cost of maintenance and repair of improvements, utility charges which are not
separately metered and billed (including but not limited to charges for sewer, water, solid waste
collection,gas, electric and tele-communication service), shall be the responsibility of the Covenantor
unless otherwise agreed between the property owners of each parcel of the Subject Property by
written agreement.
8. 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.
9. The conditions of this Statement are intended to benefit the public and public properties
as well as properties appurtenant. Failure to comply with the terms of this Statement may result in the
revocation of the Certificate of Occupancy or Special Permit by the City for use of any Parcel of the
Statement of Covenants Affecting Land Development
Parcel Map No. 2007-06
Page 5
Subject property involved. Accordingly, the City of Fresno shall have the right to enforce this
Statement by any legal or equitable means.
10. 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.
11. In the event that litigation is instituted to enforce or interpret any provision of this
Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs
and litigation expenses.
12. The conditions and obligations of this Statement shall remain in full force and effect
until such time as the Planning and Development Director of the City of Fresno issues a written
release of such conditions and obligations and records such release with the Fresno County
Recorder.
13. 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 not affect
the validity or enforceability of any other provision 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
Parcel Map No. 2007-06
Page 6
DATED: D�Ct'MgR 9, ZO10
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
PALMETTO HOSPITALITY OF
Planning and Development Department FRESNO HOLDINGS, LLC,
John M. Dugan, AICP, Director a California Limited Liability Company
By: PALMETTO HOSPITALITY GM, LLC,
A South Carolina Limited Liability Company
Its Manager
By: =�
-� B. Bishop, q o4iatamt BifeetaF Dan C. Breeden, Jr., esident
(Attach Notary Acknowledgments)
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: '
eputy City orn y
Date:
State of South Carolina
County of Spartanburg
On this J,�th day of �` , 2010 before me personally
appeared Dan ( Bre cd c l f ho provided satisfactory evidence of his/vr
identification to be the person whose name is subscribed to this instrument,
and he/s� acknowledged that she executed the foregoing instrument.
/1. &41 IC—d
i,isa H-.-T o and —Notary Public
Spartanburg County, South Carolina
My commission expires: April 4, 2016
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On December 9, 2010 before me, Sherrie L. Badertscher, Deputy City Clerk, personally
appeared, John M. Dugan, AICP, Development & Resource Management Department Director,
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
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
`4i OF rop
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By
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Deputy
O Y
1•�•
SUBORDINATION
The undersigned, as holder of the beneficial interest in and under (i) that certain Deed of
Trust recorded on December 28, 2006, in the Office of the Fresno County Recorder as Document
No. 2006-0270879, made by Palmetto Hospitality of Fresno I, LLC, as Trustor(the "Trustor"),
to PRLAP, Inc., as Trustee (the "Trustee"), in favor of Bank of America, N.A., as Beneficiary
(the `Beneficiary"), as the same may have been amended or modified, (ii) that certain second
lien Deed of Trust recorded on March 2, 2009, in the Office of the Fresno County Recorder as
Document No. 2009-002948, by Trustor to Trustee in favor of Beneficiary, as the same may
have been amended or modified, and (iii) that certain third lien Deed of Trust recorded on
August 10, 2010, in the Office of the Fresno County Recorder as Document No. 2010-0101993,
hereby expressly subordinates the foregoing Deeds of Trust and its beneficial interest thereto to
the foregoing Statement of Covenants Affecting Land Development to Create Mutual Easements
and Reciprocal Uses for Parcel Map No. 2007-06.
Dated: 0- Lender:
BANK OF AMERICA, N.A., a national
banking association
13
��QSLS—
Jack Redhead, Senior Vice President
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG ' ,
On 'Z"2 `6— L0 , before me, �� l�l � " t , WCZA J -, a
notary public, personally appeared Jack Redhead, personally known to me (or proved to me on
the basis of satisfactory evidence) 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.
WITNESS my hand and official seal. P� �A
Notary Pu"i c
My Commission Expires: ��� �'- 2.
SUBORDINATION
The undersigned, as holder of the beneficial interest in and under(i) that certain Deed of
Trust recorded on December 28, 2006, in the Office of the Fresno County Recorder as Document
No. 2006-0270881, made by Palmetto Hospitality of Fresno Il, LLC, as Trustor(the "Trustor"),
to PRLAP, Inc., as Trustee (the "Trustee"), in favor of Bank of America, N.A., as Beneficiary
(the "Beneficiary"), as the same may have been amended or modified, (ii) that certain second
lien Deed of Trust recorded on March 2, 2009, in the Office of the Fresno County Recorder as
Document No. 2009-0029431, by Trustor to Trustee in favor of Beneficiary, as the same may
have been amended or modified, and (iii) that certain third lien Deed of Trust recorded on
August 10, 2010, in the Office of the Fresno County Recorder as Document No. 2010-0101996,
hereby expressly subordinates the foregoing Deeds of Trust and its beneficial interest thereto to
the foregoing Statement of Covenants Affecting Land Development to Create Mutual Easements
and Reciprocal Uses for Parcel Map No. 2007-06.
Dated: $ to Lender:
BANK OF AMERICA, N.A., a national
banking association
B .
Jack Redhead, Senior Vice President
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG f /�
On 06- Z�)- 1 , before me,
notary public, personally appeared Jack Redhead, person4 known to me (or proved to me on
the basis of satisfactory evidence) 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.
WITNESS my hand and official seal.
iNotary Pub 'c
My Comniission Expires: �' �l- 2- 01Z