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FRESNO County Recorder
City Clerk Robert C. Werner
City of Fresno DOC— 2004-0153209
2600 Fresno St Acct 2-Chicago Title Company
Fresno, CA 93721 Wednesday, JUL 14, 2004 08:00:00
Tt 1 Pd $0.00 Nbr-0001534057
rgr/R7/2-14
NO FEE-GOV CODE 6103
Planning & Development Department
JAF: 2881 & 2909 East Huntington Boulevard
CONDOMINIUM CONVERSION AGREEMENT
TRACT NO. 5180
Condominium Conversion Agreement
Tract No. 5180
Page 2
THIS AGREEMENT is made this Z2-'day of ,200 4; by
and between the CITY OF FRESNO, a Municipal Corporation, hereinafter designated
and called the "City," and HUNTINGTON BLVD., LLC, a California Limited Liability
Company, hereinafter designated and called "Developer," without regard for number or
gender pursuant to the provisions of Section 12-907 of the Fresno Municipal Code.
RECITALS
A. The City Council on February 10, 2004 adopted Resolution No. 2004 - 48,
which conditionally approved Vesting Tentative Map No. 5180, hereinafter referred to as
the "Tentative Map" and incorporated into this Agreement by this reference as if set forth
herein in full, pursuant to the provisions of Article 9, Chapter 12 (Condominium
Conversions Ordinance) of the Fresno Municipal Code (FMC) and Section 66410 et seq,
of the California Government Code (Subdivision Map Act), to convert the "Villa Santa
Fe" apartment complex to a condominium project, hereinafter designated and called the
"Project."
B. The Developer has filed with the City, a Final Map pursuant to said Tentative
Map on real property owned by the Developer, situated in the City of Fresno, County of
7
1
Condominium Conversion Agreement
Tract No. 5180
Page 3
Fresno, State of California, more particularly described as follows:
Lot 1 of Tract No. 5180 as recorded in Volume ?0 of Plats
at Page(s) 30 * 3I , Fresno County records,
and hereinafter designated and called the "Subject Property," and, the condominium plan
for the Project as recorded in Volume of Plats at Page(s) 3c;L Thrij 3-Y,
Fresno County Records.
C. A condition of approval of the Tentative Map requires the Developer to
comply with the provisions of FMC Section 12-907; Section 66427.1 of the Subdivision
Map Act for the required notices, and the requirements of the Change of Occupancy
Investigation Report for the Project dated April 17, 2003, said report is incorporated into
this Agreement by this reference as if set forth herein in full.
D. The Developer has certified that all requirements of such Change of
Occupancy Investigation Report have been duly satisfied except as noted in the
Developer's certification of the un-satisfied work and improvements attached as Exhibit
"A" and incorporated herein.
E. The Developer has requested this Agreement to guarantee the completion
of such unsatisfied requirements and conditions in accordance with the provisions of
FMC 12-907 and to certify that Developer will comply with the provisions of Section
66427.1 of the Subdivision Map Act for any required notices not presently satisfied as
conditions to the approval of the Final Map of Tract No. 5180.
F. The Developer hereby warrants that any and all parties having record title
Condominium Conversion Agreement
Tract No. 5180
Page 4
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.
AGREEMENT
In consideration of the approval of the Final Map of Tract No. 5180 for filing and
recording as provided and required by City policies and procedures, the Fresno
Municipal Code and Subdivision Map Act applicable to condominium conversions, it is
mutually agreed and understood by and between the Developer and the City, and the
Developer and the City do hereby mutually agree, as follows-
1.
ollows:1. The Developer shall complete all work and improvements required by the
City, the FMC and the California Government. Code and pay all applicable fees and
charges in effect at the time of issuance of building permits. All work and improvements
shall be done at the sole cost and expense of the Developer. All work, improvements,
and materials shall be done in strict conformance with the 2001 California Building
Standards Codes and shall be inspected by the City Building Official.
2. The required work and improvements are described in Exhibit "A."
3. The estimated cost (lump sum) for the work and improvements has been
established without benefit of construction plans and represents the best professional
opinion of City Building Official. The estimated amount shall be used to establish the
amount of the security required to be deposited by the Developer to guarantee
Condominium Conversion Agreement
Tract No. 5180
Page 5
performance of this Agreement.
4. The Developer shall complete the work and improvements prior to the
closing of escrow of any unit or before June 1, 2005, whichever occurs first, to the
satisfaction of the City Building Official. Written requests for an extension of the
stipulated completion date may be approved by the Building Official.
5. Concurrent with the delivery of this Agreement to City, the Developer shall
furnish and deliver to the City, security in the form of cash or a certificate of deposit
payable to the City of Fresno on its orders, in the amount of One-hundred Thirty-six
Thousand Seven Hundred dollars ($136,700) representing the estimated cost of the
work and improvements to guarantee faithful performance of this Agreement.
6. a. It is understood that such security will be accepted for said work and
improvements and will be held in total by the City until all the work and improvements
have been completed and accepted as specified herein.
b. It is understood that if said work and improvements are not
completed as herein specified by the Developer, that said security may be used by the
City Building Official to accomplish the work and improvements, with any excess of said
security to be returned to the Developer. If said security is not sufficient to pay the cost
of said work and improvements, the Developer will remain liable to the City for the
excess cost thereof. The City may collect any unpaid costs by any remedy available at
law or in equity including as a lien on the Subject Property.
C. The security will be refunded only when the Developer has
Condominium Conversion Agreement
Tract No. 5180
Page 6
completed the work and improvements and such work and improvements have been
accepted by the City as specified herein and upon Developer providing documentation
acceptable to the Planning and Development Director that all notices, required pursuant
to the provisions of Section 66427.1 of the Subdivision Map Act which Developer have
not satisfied but are required to satisfy within stipulated time periods after the approval
and recording of the Final Map, have been duly noticed in compliance with Section
66427.1.
7. The Developer shall indemnify, hold harmless and defend the City of
Fresno and each of its officers, officials, employees and agents from any and all loss,
liability, fines, penalties, forfeitures, costs and damages, (whether in contract, tort or
strict liability, including but not limited to personal injury, death at any time and property
damage) incurred by the City, the Developer or any other person, and from any and all
claims, demands and actions in law or equity (including attorney's fees and litigation
expenses), arising or alleged to have arisen directly or indirectly out of performance of
this Agreement. The Developer's obligations under the preceding sentence shall apply
regardless of whether the City or any of its officers, officials, employees or agents are
actively or passively negligent, but shall not apply to any loss, liability, fines, penalties,
forfeitures, cost or damages caused solely by the active negligence or by the willful
misconduct of the City.
8. Developer acknowledges that Developer, not the City, is responsible for
determining applicability of and complying with any and all local, state and federal laws,
Condominium Conversion Agreement
Tract No. 5180
Page 7
including but not limited to provisions of the California Labor Code, Public Contract Code
and Government Code. The City makes no expressed or implied representation as to
the applicability or inapplicability of any such laws to this Agreement or the parties'
respective rights or obligations hereunder, including but not limited to payment of
prevailing wages, competitive bidding, subcontractor listing, or similar or different
matters. Developer further acknowledges that the City shall not be liable or responsible
in law or equity for any failure by Developer to comply with any such laws, regardless of
whether the City knew, could have known or should have known of the need of such
compliance.
9. The Developer and his subcontractors shall pay for any materials,
provisions and other supplies used in, upon, for, or about performance of the work
contracted to be done, and for any work or labor thereon of any kind, and for amounts
due under the Unemployment Insurance Act of the State of California, with respect to
such work or labor, as required by Section 3247 of the Civil Code, and shall file with the
City, pursuant to Section 3800 of the Labor Code, a Certificate of Worker's
Compensation and shall maintain a valid policy of Worker's Compensation Insurance for
the duration of the period of construction.
10. Time is of the essence of this Agreement. The provisions contained in this
Agreement are intended by the parties to run with the land, and the same shall bind and
inure to the benefit of the parties hereto, their successors and assigns.
Condominium Conversion Agreement
Tract No. 5180
Page 8
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO DEVELOPER
a Municipal Corporation HUNTINGTON BLVD., LLC,
a California Limited Liability Company
by The WILLIAM G. AYYAD TRUST
dated April f4,1996, sole member
By: By:
Nick . Yovino, Director William 7GAyyad, Trustee
Plan ng and Development Department
Attach Notary Acknowledgements
(8 '/z' x 11"format)
APPROVED AS TO FORM: Huntington Blvd., LLC
Hilda Cantu Montoy 9252 Chesapeake Drive, Suite 100
City Attorney San Diego, CA 92123
By:
_z D Out
K:\jonb\Map docs\FM 5180\CONDO CONV AGREEMENT T-5180 v05-24-04.wpd
524/04
STATE OF CALIFORNIA )
) ss:
COUNTY OF SAN DIEGO )
On this 26 day of March , 2004 before me, Nicole Bussey. a Notary Public personally
appeared William G. Ayyad, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(co whose name($) is/aosubscribed to the within
instrument and acknowledged to me that he/se/theexecuted the same in his/h-eWAbj#r
authorized capacity(i9s), and that by his/kr/tQLr signature�on the instrument the person0 , or
the entity upon behalf of which the perso*,) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
NICOLE BUSSEY
Commission 0 13764964
z Notary Pubifc-CaRforrUaS
San Diego County
*Cam.Evpiras Aug 16,2006
Condominium Conversion Agreement
Tract No. 5180
Page 9
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On 41A Lie 25 , 200 before me,
personally appeared Nick P. Yovino personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument, the person, upon
behalf of the CITY OF FRESNO of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH, CMC
CITY CLERK `
By 0
D E (4\
Condominium Conversion Agreement
Tract No. 5180
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on August 14, 2002 as Document No. 2002-0137145 Fresno County Official
Records of which the Deed of Trust is by and between:
HUNTINGTON BLVD., LLC, a California Limited Liability Company as Trustor,
CHICAGO TITLE COMPANY, a California Corporation , as Trustee and
_RESIDENTIAL FUNDING CORPORATION, a Delaware Corporation , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Condominium Conversion Agreement for Tract No. 5180.
DATED: vy^� ' D 20
TRUSTEE or BENEFICIARY
By:
C ■• a.Attach Notary Notary Acknowledgments
(8 '/2" x 11" format)
Subscribed and swom to before me,in my presence, J O 9JQ' n I
this day of n e 20 0 •a Notary Public
in and for the ! of
Notary Public
My commission expires - 1 2
MARY E ROZANSKy
NOTMy ARY THE STATE OF MARYLAND
Expires February 1,2006
1� fir,
UNITED DEVELOPMENT GROUP
INC.
EXHIBIT 'A'
Condominium Conversion Agreement Tract No. 5180
May 6, 2004
City of Fresno Planning and Development Dept.
Attn: Mr. Nick P. Yovino, Director of Planning and Development Department
2600 Fresno Street
Fresno, CA 93721-3604
Re: Bonding agreement for Conditions of Approval with the City of Fresno
Dear Mr. Yovino:
Per our conversation with Mr. Alan Kawakami on May 5, 2004 here is a cost estimate for
the conditions of approval required by the city of Fresno prior to the final map No. 5180.
We are requesting an agreement with the City to record the final map No. 5180 prior to
the conditions of approval being met with a bond agreement between E. Huntington
Blvd., LLC and the City of Fresno.
The conditions that have not yet been met but are in process are the following (numbers
are according to the "conditions of approval" from the City of Fresno dated January 7,
2004):
7. Applicant shall provide 60 cubic feet of storage space for each unit in order to meet the
requirements of the Fresno Municipal Code, Section 12-907-c-3.
Cost for 220 60 cubic feet of storage bins with Rubbermaid like material and
installations/City fees and Permits (if applicable): $66,000.00
8. Applicant shall provide additional washers and dryers in the common laundry areas to
meet the minimum required ratio of one washer/dryer for each five units or fraction
thereof pursuant to Fresno Municipal Code, Section 12-907-c-3.
Cost for plumbing, electrical, architect and 44 Maytag stackable washer/Dryer units
for 220 units (formula: for every 5 units =1 set of washer/Dryer): $30,000.00
9252 Chesapeake Drive, Suite 100 - San Diego, CA 92123 - Phone: (858) 244-0900 - Fax: (858) 244-0911
UNITED DEVELOPMENT GROUP
INC.
9. Submit revised project plan and/or construction.plans for required on-site
modifications (storage space, laundry room washer/dryer additions, parking, walls,
landscaping) to the planning and development department for approval prior to final map
approval. Site modifications to be constructed and inspected by the planning and
development department prior to final map approval, or alternatively, may be guaranteed
by agreement and security as provided by the Fresno Municipal Code, Section 12-907-a.
Cost of plans and architect: Included in price above.
Number based on change of occupancy Investigation dated April 17, 2003 from the City
of Fresno:
Fire Requirements (621-4000)
2. Each apartment unit shall be provided with smoke detector in each bedroom and in the
hallway serving the bedrooms. Uniforms Fire Code Section 1006.2.9.2, Uniform
Building Code Section 310.9.1.3.
Cost to include 538 hard wired and battery back-up smoke detectors: $40,700.00
Total Cost Estimate: $136,700.00
Please let me know if you need any additional information to secure this agreement. We
appreciate your promptness in this matter.
Sincerely,
Willia Ayyad
President
CC: Nick Yovino, Planning and Development Dept.
Dirk Poeschel, Land Development Services
EXHIBIT 'A'
Condominium Conversion Agreement Tract No. 5180
9252 Chesapeake Drive, Suite 100 • San Diego, CA 92123 Phone: (858) 244-0900 • Fax: (858) 244-0911