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Home My WebLink AboutPM 1998-21 - Agreement/Covenant - 8/10/2006 (2) e , AONFORMED ►' COPY i., Y OF FRESNO �Z�evz00o,zeee0�488sa f- f',I`NT DEPARTMENT DE'Ji 2',:;,) RESNO STREET Fri::"O :.A 93721-3604 ABOVE SPACE FOR RECORDER'S USE P.W. File No. 5494-98-21 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY ON-SITE DRAINAGE FACILITIES TO BE OWNER MAINTAINED FOR PARCEL MAP NO. 98-21 WHEREAS, SHAW-MARTY BUSINESS PARK, LLC, a California Limited Liability Company, 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; Temporary Basin "A," consisting of Parcels"A" and "B", respectively, inclusive of Parcel Map No. 98-21, according to the map recorded in Book of Parcel Maps, at pages-4 and AkA Fresno County Records 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, a condition of approval of Parcel Map No. 98-21 is a requirement that the Covenantor provide temporary drainage facilities for the subdivision until such time that permanent facilities are available. Statement of Covenants Temporary Drainage Facilities Parcel Map No. 98-21 Page 2 WHEREAS, The Covenantor and the City of Fresno desire to enter into an agreement providing for such facilities. COVENANTS. CONDITIONS, AND RESTRICTIONS 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, desirability, and safety 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 heirs, successors, and assigns during his ownership thereof. 1. The Covenantor agrees that said property shall be used as temporary flooding and drainage facilities until the City of Fresno determines that such use is no longer necessary. The Covenantor agrees to maintain the temporary drainage facilities; and grants to the City of Fresno the right to enter upon the Subject Property for purposes of inspection and to regulate the use of and access to the Subject Property. Covenantor agrees to backfill the basins within sixty (60) days after the Public Works Director deems the sites to be no longer necessary for basin usage. 2. The Covenant shall in no way be construed as a grant by the City of any rights to the Covenantor to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned. Statement of Covenants Temporary Drainage Facilities Parcel Map No. 98-21 Page 3 3. The City shall not be liable to the Covenantor or to any other person, firm or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on or about the Subject Property of said land covered by this Covenant, or any part thereof. The Covenantor hereby releases and agrees to indemnify, defend and save the City harmless from and against any and all injuries to and deaths of persons, and all claims, demands, costs, loss damage and liability, howsoever same may be caused, resulting directly or indirectly from the performance of any or all work to be done in and upon the street rights-of-way and said Subject Property and upon the premises adjacent thereto pursuant to this Covenant, and also from all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be caused, either directly or indirectly made or suffered by the Covenantor, the Covenantor's agents, employees and subcontractors, while engaged in the performance of said work. The Covenantor further agrees that the use for any purpose and by any person of any and all of the temporary drainage facilities and improvements hereinbefore specified, shall be at the sole and exclusive risk of the Covenantor at all times prior to the release by the City of the temporary drainage facilities and other improvements thereon and therein. 4. The conditions of this Statement are intended to benefit both the Subject Property, the public and public properties. Accordingly, it is agreed 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. 5. The foregoing conditions shall remain in full force and effect until such time as the City of Fresno, and the Covenantor, his heirs, successors, and assigns agree in writing that the enforcement of all or part of this Covenant is no longer equitable. Statement of Covenants Temporary Drainage Facilities Parcel Map No. 98-21 Page 4 6. 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. DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation SHAW - MARTY BUSINESS PARK, LLC a California Limited Liability Company By Mark I. Williamson, P.E., Director Public Works Department By: aoU Rick ke, Manager APPROVED AS TO FORM: HILDA CANTU-MONTOY City Attomey Donald V. Pickett, Manager By (Attach Notary Acknowledgment) Deputy CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On , 2000, before me. IRE ersonally Q o appeared personally known to me (or provided to me on the basis of satisfacto evidence) to be the persons(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(s) the person(s), or the entity upon behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK B3 y DE U LRAr(10/19/2000) PM 98-21TDF.wpd 1 • f STATE OF California ) SS. COUNTY OF— Fresno ) On October 19, 2000 before me, C.Zuniga a Notary Public in and for said County and State, personally appeared Rick R. Flake and Donald V. Pickett ry •• •• ••�• •••••• �' - 4 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 capac'ity(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. S' nature f NotaU .�a ' C.ZUNIGA COMM.#1244927 CD Cr NOTARY PUBLIC-CALIFORNIA 00 CM & PRINCIPAL OFFICE IN C0 FREurn My Co bExp U0�6,2003 STATE OF CALIFORNIA ) SS. COUNTY OF ) On before me, a Notary Public in and for said County and State, personally appeared 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. WITNESS my hand and official seal. Signature of Notary D(TNOT7 --08/25/86bk