HomeMy WebLinkAboutT-3674 - Agreement/Covenant - 6/21/2006 (4) -------------------SPACE ABOVE FOR RECORDER' S USE-------------------
Tract No. 3674
Development Department
UGM No . 193 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK AND FIRE STATION FEES
AND CREATION OF LIEN
(Tract No. 3674)
RECITALS
WHEREAS, LAND DYNAMICS, a California Corporation and LEE,
ALDREDGE, AND BROWN, a General Partnership, 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 as Parcels 1 and 2 of Parcel Map No . 4801,
according to the map recorded in Book 30 Page 32 of Parcel Maps ,
Fresno County Records , said property being further subdivided by the
final map of Tract No. 3674 , consisting of thirty-one (31) lots ; and
WHEREAS, the Subject Property is subject to UGM Park and Fire
Station fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the
Fresno Municipal Code in the amount of approximately $5 , 626 .44 ; 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 and
Fire Station 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, whichever occurs first .
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 :
1 . All UGM Park and Fire Station 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.
1 ,
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 LAND DYNAMICS
a Municipal Corporation a California Corporation
BY LGyF
George A Kerber. Director By —
Development Department
ATTEST: %' f° FB
JACQUELINE L. RYLE
City Clerk ,� � � LEE, ALDREDGE, AND BROWN 1 {
General h�a��e,rSRp
BY
Deput ,A P
BY
APPROVED AS TO FORM: `QqrED 01%• Joe H. L e. Ge eral Partner
JAMES A. MCKELVEY
City Attorney
BY By%
Deputy Jamey E. Aldredge, Gen�(era. Partne
By �J
Willie L. Brown, General Partner
(Attach Notary Acknowledgement)
GSA:ems
0046g/38