HomeMy WebLinkAboutT-4402 - Agreement/Covenant - 7/6/2006 (2) i
93124384
CITY OF FRESNO %ORiD ft onnPAPAr
DEVELOPMENT DEPARTMENT
2600 Fremo street A _._,_iMIN. PAST M
FRESNO CA 93721-3604
AUG 171993
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PLEASE CONFORM
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P.W. File No . 9511 Development Department
UGM No . 426 City of Fresno
STATEMENT OF COVENANTS
DISCLOSURE AND INDEMNITY
"RESTRICTIONS REGARDING ISSUANCE OF BUILDING PERMIT
REGARDING ACCELERATED OVERSIZE SEWER CHARGE FEE DEFERRAL"
(TRACT MAP NO. 4402)
VILLAGE GREEN II
PHASE II OF TENTATIVE TRACT NO. 4320
RECITALS
WHEREAS, TnT Ventures , a California 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 in attached Exhibit "A" ,
said property being further subdivided by the final map of Tract
No . 4402 , consisting of fifty ( 50) lots; 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
WHEREAS, all such instruments of Subordination, if any are
attached hereto and made a part of this instrument; and
Statement of Covenants
Disclosure and Indemnity
Tract No. 4402/UGM 426
Phase II of Tentative Tract No . 4320
Page 2
WHEREAS, the Subject Property is required to comply with
"Conditions of Approval" dated April 14 , 1991, and modifications to
Condition 40 approved by Planning Commission June 17, 1992 ,
regarding the provision for permanent connection to the future
Grantland Avenue trunk sewer main; and
WHEREAS said modification to Condition 40 provides an
alternative where the developer may pay at the issuance of the
first building permit the estimated Accelerated Oversize Sewer fee
at $1, 000 per residential unit for the total 50 lots of said Final
Map of Tract No . 4402 less any reimbursable credits ; and
WHEREAS, Covenantor acknowledges that this is an estimated fee
only and upon adoption of the actual fee the developer will be
refunded any excess fee paid above the adopted rate and developer
shall agree to pay any difference if the fee rate is greater than
the fee paid; and
WHEREAS, the Subject Property is subject to an Accelerated
Oversize Sewer fee in the estimated amount of Fifty Thousand and
00/100 Dollars ($50, 000 . 00) ; 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 Accelerated
Oversize Sewer fee until such time as the issuance of the first
building permit is requested by the Covenantor or his successors
and assigns for such construction.
Statement of Covenants
Disclosure and Indemnity
Tract No . 4402/UGM 426
Phase II of Tentative Tract No. 4320
Page 3
COVENANTS, CONDITIONS. AND RESTRICTIONS
In consideration of the issuance of building permits in
conjunction with the development of the Subject Property, 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,
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 this ownership thereof .
For the 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 . The Accelerated Oversize Sewer fees attributable to
development of Subject Property estimated at Fifty Thousand and
Statement of Covenants
Disclosure and Indemnity
Tract No . 4402/UGM 426
Phase II of Tentative Tract No . 4320
Page 4
00/100 Dollars ($50, 000 . 00) less any reimbursable credits shall be
paid by the developer upon issuance of the first Building Permits
for structures to be built upon Subject property.
2 . Covbnantor hereby waives any and all rights he may have
pursuant to Government Code Section 65961 . The Covenantor hereby
creates a lien upon the Subject Property to guarantee the
performance of the obligations of the Covenantor contained in this
statement ..
3 . No building permits will be issued nor any human occupancy
allowed for any building on the Subject Property until payment of
the Accelerated Oversize Sewer fee .
4 . Covenantor will fully disclose in writing to the buyer ,
renter, lessee, or occupant of a lot, house or structure within
said development the fact that the Accelerated Oversize Sewer fee
must be paid prior to issuance of the first building permit . The
purchaser , renter , lessee , or occupant of any such house or
structure shall be required to sign an acknowledgement documenting
his receipt and understanding of such notice , which acknowledgement
shall be provided to the City at any time upon demand .
5 . If the entitlement is the approval of a map, Covenantor
agrees to hold harmless , indemnify and defend the City against any
claim, cause of action, litigation, or processed, for damages,
losses or liabilities, including an award of attorney' s fees or
costs , seeking to attack, set aside, void or annul the City's
Statement of Covenants
Disclosure and Indemnity
Tract No . 4402/UGM 426
Phase II of Tentative Tract No. 4320
Page 5
foregoing approval of "THE ENTITLEMENT, " which condition may result
in the issuance of building permit for any house or structure
within the development until payment of fees to serve said
subdivision as hereinabove provided. Pursuant to Government Code
66474 . 9 , City shall promptly notify owner of any such claim and
cooperate fully, in its defense. As to other entitlements, and as
to the issuance of building permits , Covenantor agrees to
indemnify,- hold harmless , and defend the City and each of its
officers , agents , and employees from any and all loss, liability,
costs , and damages (whether in contract , tort or strict liability,
including but not limited to personal injury, death at any time and
property damage) , and from any and all claims , demands and actions
in law or equity (including attorney' s fees and legal expenses) ,
arising or alleged to have arisen directly or indirectly out of or
in any way connected with (a) the making of this agreement; (b)
performance or installation of the work or improvements by the
Owner , its employees , officers , agents , contractors or
subcontractors, or (c) design, installation, operation or
maintenance of the work and improvements , regardless of whether the
City is actively or passively negligent , except for liability,
loss , costs or damage caused solely by the negligence or willful
misconduct of the City or its officers , agents , or employees .
6 . Each of the covenants, conditions and restrictions
contained in this Statement shall run with the Subject Property and
Statement of Covenants
Disclosure and Indemnity
Tract No . 4402/UGM 426
Phase II of Tentative Tract No . 4320
Page 6
shall be binding upon each successive owners of the Subject
Property, his heirs , representatives, successors and assigns.
Further, the provisions set forth in paragraphs 1 and 2 are
intended toyimplement conditions of approval for issuance of
building permits for "THE ENTITLEMENT, " which condition of approval
must be disclosed to buyers, renters, lessees or occupants of said
parcels or buildings in the manner set forth in California Business
and Professions Code 11010(b) (8) et seq. , notwithstanding the
default, foreclosure, or bankruptcy of the Covenantor, its heirs,
representative, successors or assigns .
7 . 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 transferable in any manner
to any person other than to a successor municipal corporation whose
geographic boundaries include the Subject Property.
8 . 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 .
9 . The provisions of this Statement shall be deemed
independent and severable and the invalidity or partial invalidity
Statement of Covenants
Disclosure and Indemnity
Tract No . 4402/UGM 426
Phase II of Tentative Tract No. 4320
Page 7
or unenforceability of any one provision or portion thereof shall
not affect the validity or enforceability of any other provisions
hereof . Whenever the context of the Statement so requires , in
interpreting this Statement, any gender includes the other genders,
the singular include the plural, and the plural includes the
singular .
DATED: 01993
Accepted by: COVENANTOR
CITY OF FRESNO, a Municipal TnT VENTURES
Corporation a California General
Partnership
By: The Penstar Group
a California Corporation
General Parrs
i
By:: Vv
By: 4hLo -
mas G. Richards
Alvin P. Solis, Director President
Development Department
APPROVED AS TO FORM: By:
Tilden L . Brooks A.
JAMES P . LOUGH As General Partner
City Attorney
By:a'743
De6AY1
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Statement of Covenants
Disclosure and Indemnity
Tract No. 4402/UGM 426
Phase II of Tentative Tract No. 4320
Page 8
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
On .1j 3 1993 be fore me,
personall appeared '
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons(x) whose name( is/,a e- subscribed to the
within instrument and acknowledged to me that he/shed #cg executed
the same in his/her-ft-h-.ir authorized capacity(i-e� , and that by
his/he*r � signature(,i) on the instrument( the person(,V) , or the
entity upon behalf of the CITY OF FRESNO of which the person(X)
acted, executed the instrument .
WITNESS my hand and official seal .
JACQUELINE L . RYLE, CMC
CITY CLERK
By
EPUTY
Statement c,f Covenants Tr: 4402
STATE OF CAIJFORNlA
COUNTY OF_ Frtcnn )SS.
i
On July 7, 1993 before me.
_ Leta Marie C avaglia
(name of Notary Public) WrC WORLD TITLE COMPANY
Personally appeared_ Themas C_ R ichardr and Fon rnrnar s�op srAW
Tilden L_ Brooks. Jr_ l
(insert name and tide of officer)
personally known to me
to be the perswW whose name(
+afere subscribed to the within instrument and (ETA MM CelYAMA
acknowledged to me that they executed the r DOM MMIM M
same in their authorized capscityC". and that IOAIR1r1 )+pNM m
by ki�etftheir signature,(s) on the instrument the m fM NN
personal. or the entity upon behalf of which the persorlW t1m 1Wm W In 21L M7
acted. executed the instrument.
WITNESS a and official al. !�
Signatu
Tract No . 4402
P.W. No. 9511
EXHIBIT "A"
The Subject Property referred to in these covenants is situated in
the State of California, County of Fresno, City of Fresno, and is
described as follows :
That portion of the North half of the Southeast quarter of the
Southwest quarter of Section 15, Township 13 South, Range 19 East,
Mount Diablo Base and Meridian, in the City of Fresno, County of
Fresno, State of California, according to the Official Plat thereof,
in the Office of the County Recorder of said County.
Described as follows :
BEGINNING at the Southeast corner of said North half thence North
890 48 ' 15! West , a distance of 675 . 12 feet to the True Point of
Beginning; thence continuing North 890 48 ' 15" West, a distance of
641 . 81 feet; thence North 00' 14 ' 48" East, a distance of 660.82
feet ; thence South 89' 50 ' 40" East, a distance of 628 . 72 feet;
thence South 00' 09 ' 20" West, a distance of 153 . 00 feet; thence
South 89' 50 ' 40" East, a distance of 12 . 04 feet ; thence South
89° 09 ' 20" West , a distance of 508 . 27 feet to the TRUE POINT OF
BEGINNING.
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