HomeMy WebLinkAboutPM 2011-10 - Agreement/Covenant - 5/12/2014 WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
05/09/2014120140051946
NO FEE - Government Code 6103 - - - - - -
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STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS
FOR PARCEL MAP NO. 2011-10
STATEMENT OF COVENANTS
CFD Maintenance
Parcel Map No. 2011-10
Page 2
RECITALS
WHEREAS, BRAWLEY BUSINESS PARK, LLC,a California Limited Liability Company
and DON PICKETT&ASSOCIATES, INC.,a California Corporation, hereinafter referred to as the
"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:
Parcels A through KKK, inclusive, of Parcel Map No. 2011-10
according to the map thereof recorded in Book 7.2 of
Parcel Maps at Page(s) 20,, .2/ 4- Fresno 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, Director of the Development and Resource Management Department
conditionally approved Vesting Tentative Parcel Map No. 2011-10, hereinafter referred to as the
"Tentative Map;" and
WHEREAS, a condition of approval of the Tentative Map requires the Covenantor to install
and maintain certain improvements within the limits of the Tentative Map, more particularly
described in EXHIBIT"A"attached hereto and incorporated by reference as if fully set forth herein;
and
WHEREAS, a condition of approval of the Tentative Map requires that the maintenance of
such improvements shall be the responsibility of the Covenantor,a homeowners association or the
City of Fresno's ("Citys") Community Facilities District; and
WHEREAS, Covenantor has elected to satisfy this maintenance condition by annexing the
Subject Property into the City's Community Facilities District; and
STATEMENT OF COVENANTS
CFD Maintenance
Parcel Map No. 2011-10
Page 3
WHEREAS, Covenantor has requested the City to annex the Subject Property to the City's
Community Facilities District No. 9.
COVENANTS, CONDITIONS AND RESTRICTIONS
NOW THEREFORE, it is agreed in consideration of the foregoing and the approval of the
final map for the Subject Property by the City of Fresno, the Covenantor hereby covenants,
promises and agrees with the City of Fresno for the benefit of said City that:
1. Such improvements will be designed and installed according to improvement plans
prepared by the Covenantor and approved by the Public Works Director.
2. Covenantor shall maintain said improvements in a manner acceptable to the Public
Works Director until such time as the City notifies the Covenantor that such maintenance
responsibility has been assumed by the City's Community Facilities District No. 9.
3. The Covenantor shall provide to every prospective purchaser of each parcel of the
Subject Property, the "Notice of Special Tax," attached as EXHIBIT "A," in accordance with the
provisions of Section 53341.5 of the California Government Code.
4. It is the intention hereof that this document shall constitute a covenant in favor of the
City of Fresno and shall run with the land and be binding upon the undersigned, its grantees, heirs,
and successors and assigns.
5. The foregoing conditions shall remain in full force and effect until such time as the
Director of the Public Works Department issues a written release of such conditions and obligations
and records such release with the Fresno County Recorder.
6. The provisions of this Statement of Covenants 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 one provision thereof. Whenever the
context of the Statement of Covenants so requires, in interpreting this Statement of Covenants,any
gender includes the other genders, the singular includes the plural, and the plural includes the
STATEMENT OF COVENANTS
CFD Maintenance
Parcel Map No. 2011-10
Page 4
singular.
7. 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.
8. 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. Waiver of
any one provision herein shall not be deemed to be a waiver of any other provision herein.
STATEMENT OF COVENANTS
CFD Maintenance
Parcel Map No. 2011-10
Page 5
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
BRAWLEY BUSINESS PARK, LLC,
Public Works Department a California Limited Liability Company
Scott Mozier, P.E., Director
By- By: APiRk—e—tt, Peresident
Scott Mozier, P.E., Dir or Do' ald V
By.
Michael Pickett, Vice President
APPROVED AS TO FORM:
DOUGLAS T. SLOAN DON PICKETT & ASSOCIATES, INC.,
City Attorney a California Corporation
By:
Mary Raterman-Doidge
Deputy City Attorney By:
r� Michael Pickett, President
Date: L11CRy1 I
(Attach Notary Acknowledgment)
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On May 1, 2014 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared,
Scott Mozier, P.E., Director, Public Works Department , 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
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State of California
County of Fresno
On March 25, 2014 before me, Lauren Michele Aguilar, Notary Public, personally
appeared Michael Pickett and Donald V. Pickett_ who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) js-tare subscribed to the within
instrument and acknowledged to me that hf/sJ6/they executed the same in Whet/their
authorized capacity(ies), and that by tis/Vr/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.
Lp�UREN MICHELE AGUILAR
WITNESS my hand and official seal. NOTARY PUBLIC CALIFORNIA
COMMISSION # 1968249 I^
FRESNO COUNTY
My Comm Exp, Fenruary a jIfi
r
1
Notary Name Lauren Michele Aquila r Notary Phone (559) 431-3535
Commission #: 1968249 County: Fresno Commission Expires: Feb. 2, 2016
Additional Information:"Statement of Covenants Affecting Land Development For the Maintenance of Certain Improvements for
Parcel Map No.2011-10"
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on December 24, 2013 , in the office of the Fresno County
Recorder as Document No. 2013-0172200 of which the Deed of Trust in, by and
between: Don Pickett & Associates, Inc. as Trustor,
First American Title Company as Trustee,and
Brawley Business Park, LLC. as Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Statement of Covenants Affecting Land Development for the Maintenance of Certain Improvements
for Parcel Map No. 2011-10.
DATED: March 21, 2014
BENEFICIARY
By:
(I
Y
Donald V. Pickett
Name:
Title:
President
By:
Name:
Michael Pickett
Title: Vice-President
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
State of California
County of Fresno
On March 25, 2014 before me, Lauren Michele Aguilar, Notary Public, personally
appeared Michael Pickett and Donald V. Pickett who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) i$/are subscribed to the within
instrument and acknowledged to me that hks14e/they executed the same in his%har/their
authorized capacity(ies), and that by hjs/hqt/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.
F LAUREN MICHELE AGUILAR t
WITNESS my hand and official seal. ✓, NOTARY PUBLIC CALIFOP,NIA [[
COMMISSION � 1968249
3' FRESNO COUNTY
' a My Corni7i EAP ;February 2 2016
'j
Notary Name Lauren Michele Aquila r Notary Phone (559) 431-3535
Commission #: 1968249 County: Fresno Commission Expires: Feb. 2, 2016
Additional Information:"Subordination"
EXHIBIT A
Covenanter's Initial Date
NOTICE OF SPECIAL TAX
CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 9,
COUNTY OF FRESNO, STATE OF CALIFORNIA
TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS:
Final Parcel Map No. 2011-10, Parcel: I A.P.N. No.:
THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR ENTERING INTO A CONTRACT TO PURCHASE THIS
PROPERTY. THE SELLER IS REQUIRED TO GIVE YOU THIS NOTICE AND TO OBTAIN A COPY SIGNED BY YOU
TO INDICATE THAT YOU HAVE RECEIVED AND READ A COPY OF THIS NOTICE.
(1)This property is subject to a special tax, which is in addition to the regular property taxes and any other charges,
fees, special taxes, and benefit assessments on the parcel. It is imposed on this property because it is a new
development, and may not be imposed generally upon property outside of this new development. If you fail to pay this tax
when due each year, the property may be foreclosed upon and sold. The tax is used to provide public facilities or
services that are likely to particularly benefit the property. YOU SHOULD TAKE THIS TAX AND THE BENEFITS FROM
THE FACILITIES AND SERVICES FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO BUY THIS
PROPERTY.
(2)The maximum special tax which may be levied against this parcel to pay for ongoing maintenance of public facilities
is $ 0.019182/Square Foot during the 2013-2014 tax year(valid through June 30, 2014.) The maximum special tax shall
be adjusted annually upward by 3% plus the rise, if any, in the Construction Cost Index for the San Francisco Region for
the prior twelve (12) month period as published in the Engineering News Record (as applicable).
(3) The authorized facilities which are being paid for by the special taxes, and by the money received from the sale of
bonds which are being repaid by the special taxes, are:
Maintenance of all ground level street infrastructure (Local and Major) within the street rights-of-way, including concrete
curb and gutters, valley gutters, curb ramps and sidewalks, street signage and street lighting, and all interior street paving
as associated with Final Parcel Map No. 2011-10.
These facilities may not yet have all been constructed or acquired and it is possible that some may never be constructed
or acquired.
YOU MAY OBTAIN A COPY OF THE RESOLUTION OF INTENTION WHICH AUTHORIZED CREATION OF THE
COMMUNITY FACILITIES DISTRICT NO. 9,ANNEXATION 5 AND WHICH SPECIFIES MORE PRECISELY HOW THE
SPECIAL TAX IS APPORTIONED AND HOW THE PROCEEDS OF THE SPECIAL TAX WILL BE USED, FROM THE
CITY CLERK'S OFFICE OF THE CITY OF FRESNO BY CALLING (559) 621-7650. THERE MAY BE A CHARGE FOR
THIS DOCUMENT NOT TO EXCEED THE REASONABLE COST OF PROVIDING THE DOCUMENT.
I (WE) ACKNOWLEDGE THAT I (WE) HAVE READ THIS NOTICE AND RECEIVED A COPY OF THIS NOTICE PRIOR
TO ENTERING INTO A CONTRACT TO PURCHASE OR DEPOSIT RECEIPT WITH RESPECT TO THE ABOVE-
REFERENCED PROPERTY. I (WE) UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT TO PURCHASE
OR DEPOSIT RECEIPT WITHIN THREE DAYS AFTER RECEIVING THIS NOTICE IN PERSON OR WITHIN FIVE
DAYS AFTER IT WAS DEPOSITED IN THE MAIL BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE
OWNER, SUBDIVIDER, OR AGENT SELLING THE PROPERTY.
Date: Buyer:
Seller: Buyer: