HomeMy WebLinkAboutT-3644 - Agreement/Covenant - 6/21/2006 (2) N
-------------------SPACE ABOVE FOR RECORDER' S USE-------------------
Tract No. 3644 Development Department
UGM No . 138 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK AND FIRE STATION FEES
AND CREATION OF LIEN
(Tract No. 3644)
RECITALS
WHEREAS, WOODWARD COMMONS, INC. , A California Corporation,
hereinafter referred to as "the Covenantor, " is the owner of that
certain real property in the City of Fresno, County of Fresno, State
of California, hereinafter referred to as "the Subject Property" and
more particularly described in attached Exhibit "A" , said property
being further subdivided by the final map of Tract No. 3644 ,
consisting of Forty-Six (46) lots; and
WHEREAS, the Subject Property is subject to UGM Park fees
pursuant to Section and 12-4 . 509 of the Fresno Municipal Code in the
amount of approximately $17,008 . 29 ; and
WHEREAS, Covenantor desires to have a Final Tract Map
subdividing the Subject Property approved by the City of Fresno; and
WHEREAS, Covenantor desires to defer payment of the UGM Park
fees until such time that the issuance of building permits is
requested by the Covenantor or his successors and assigns for such
construction, or until all or part of the Subject Property is sold .
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of, the Covenantor ' s Final
Tract Map upon the Subject Property, as referred to hereinabove,
Covenantor hereby covenants as follows:
D
1. All UGM Park fees attributable to development of Subject
Property shall be paid prior to the issuance by the City of
Building Permits for structures to be built upon the
Subject Property, or upon the close of escrow for the sale,
lease, or transfer of any of the Subject Property.
whichever occurs first . Such fees may be paid for
individual parcels, if applicable .
2 . The UGM fees due shall be calculated by the City at the
time of their payment, and shall be those amounts most
recently established by the Council .
3 . Covenantor hereby waives any and all rights he may have
pursuant to Government Code Section 65961.
Each of the covenants , conditions. and restrictions contained in
this Statement shall run with the Subject Property and shall be
binding upon each successive owner of the Subject Property. his
heirs , representatives, successors and assignees .
The Covenantor hereby creates a lien upon the Subject Property
to guarantee the performance of the obligations of the Covenantor
contained in this Statement .
The conditions of this Statement are intended to benefit the
public and public properties . Accordingly, the City of Fresno shall
have the right to enforce this Statement by any legal or equitable
means. All obligations of the Covenantor in this Statement shall
inure solely to the benefit of the City of Fresno. There are no
third party beneficiaries of said obligations nor shall the right of
the City of Fresno be transferrable in any manner to any person
other than to a successor municipal corporation whose geographic
boundaries include the Subject Property.
The conditions and obligations of this Statement shall remain in
full force and effect until such time as the Director of the
Development Department of the City of Fresno issues a written
release of such conditions and obligations .
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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 one 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 .
DATED:
Accepted by: COVENANTOR
CITY OF FRESNO WOODWARD COMMONS, INC. ,
a Municipal Corporation A California Corporation
By By
George A. Kerber, Director Leo A. Wilson, President
Development Department
ATTEST: By
David E. Pitta , Secretary
JACQUELINE L. RYLE
City Clerk
By
Deputy
APPROVED AS TO FORM:
JAMES A. McKELVEY
City Attorney
By
Deputy (Attach Notary Acknowledgement)
GSA:dr
7956G/166
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r
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 74 of Tract No. 3374, Mount Vernon Place No. 1 as recorded in
Volume 41 of Plats at Pages 97-100. Fresno County Records .
GSA:dr
7956G/166