HomeMy WebLinkAboutT-5409 - Agreement/Covenant - 8/10/2006 ■
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City Clerk FRESNO County Recorder
City of Fresno Robert C, Werner
2600 Fresno St DOC— 2006-0141664
Fresno, CA 93721 acet 2-Chicago Title Company
Friday, JUL 07, 2006 08:00:00
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NO FEE-GOV CODE 6103 RGR/R4/2-13
Planning & Development Department
CONDOMINIUM CONVERSION AGREEMENT
FINAL MAP OF TRACT NO. 5409
Condominium Conversion Agreement
Tract No. 5409
Page 2
THIS AGREEMENT is made this day of � ,20_0 k , by and
between the CITY OF FRESNO, a Municipal Corporation, hereinafter designated and called the
"City,"and SSBI STONEMARK HOMES, L.P., a California Limited Partnership,9252
Chesapeake Drive, Suite 100, San Diego, California 92123, 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 September 27, 2005 adopted Resolution No. 2005 -421,
which conditionally approved Vesting Tentative Map No. 5409, 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 "Winery Estates" 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 Fresno, State of
California, more particularly described as follows:
Lot 1 of Tract No. 5409 as recorded in Volume '2 of Plats
at Pages) 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) ?TMJ r _�� Fresno County
Records.
t
Condominium Conversion Agreement
Tract No. 5409
Page 3
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 September 9, 2004, 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. 5409.
F. The Developer 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.
AGREEMENT
In consideration of the approval of the Final Map of Tract No. 5409 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:
Condominium Conversion Agreement
Tract No. 5409
Page 4
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 performance of this Agreement.
4. The Developer shall complete the work and improvements prior to the closing of
escrow of any unit or before May 1, 2007, 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 Two-hundred Twenty-five Thousand dollars ($225,000)
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
Condominium Conversion Agreement
Tract No. 5409
Page 5
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 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
Wilful misconduct of the City.
Condominium Conversion Agreement
Tract No. 5409
Page 6
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, 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. 5409
Page 7
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, DEVELOPER
a Municipal Corporation
SSBI STONEMARK HOMES, L.P.,
a California Limited Partnership
By: GP Stonemark Homes, LLC
Its: General Partner
By:
NickP. ovino, Director
Planning and Development Department
By:
Randy L. Bailey, Vice President
Sat Sangat Bhavan, Inc., Sole
Member
APPROVED AS TO FORM:
JAMES C. SANCHEZ
Interim City Attorney
(Attach Notary Acknowledgment)
By:
(:: . - L // () "'�
Deputy
STATE OF
COUNTY OF ,
On M14 �,,, before me,����P. � l@Slll LMIC .
!� (Name of Notary P blit)
personally appeared
personally known to me (o ) to be the persof�4 whose
name( is/de subscribed to the within instrument and acknowledged to me that he/s446y executed the
same in his/F 04r 0r authorized capacity), and that by his/t>4- A&r signatures on the instrument the
person(7'Ur the entity upon behalf of which the person(s)acted, executed the instrument.
WITNESS my hand and official seal. Nic XE BUSSEY
Commiasion S 137D494
Notary Public-California z
San Diego County >
(Sig re of Not blit) <' 16,2006
(This area for notarial seal)
(notary)(07-02)
Condominium Conversion Agreement
Tract No. 5409
Page 9
SUBORDINATION
The undersigned as holder ofthebeneficial interest in and under that certain Deed of Trust
recorded on �'f6 ber `7 , 20 OS, in the office of the Fresno County Recorder, as
Document No. 2()Os- o) 3 q 0q3 of which the Deed of Trust in, by and between
5S B_l_ Sonej, at-K UY►�(_p. , as Trustor,
Ch I C0.Cl D l f fl e ng V1ri. V , as Trustee
I--- ' L
and Hor1 wL�V /
ZoVI n .a
7 t _0I.nnlLC-- Dlr1 , Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Condominium Conversion Agreement for the Final Map of Tract No. 5409.
DATED: Lf 215 QJL,,
BENEFICIARY
'1
By:
Pww\oL lz v� 1 vk pso►�c �
By:
$y = Fuse K- Gilts
(Beneficiary to print/type document information,
Name, Title and attach Notary Acknowledgment)
K NCONSULTANT SERVICES-URS\URS T-%09\CONDO CONV AGREEMENT T-5409 v05-24-04.wpd
420/06
STATE OF CALIFORNIA )
ss.
COUNTY OF an bi'eq
On , 2006, before me, /gVhy �/6rliCat�ij a Notary Public,
personally a eared personally known to
me ( to be the person(sKwhose name(s�
is/ye subscribed to the within instrument and acknowledged to me that,lf/she/fey executed the
same in hj&her/thpfr authorized capacity, and that by W/her/toeir signatureW on the
instrument the personK, or the entity upon behalf of which the person(�acted, executed the
instrument.
WI ES y hand and official seal.
AMY L JONILONIS
_le Commission# 1550392
Notary R"c - California
N Public Son Diego county
My Comm Eges Feb 5,2009
STATE OF CALIFORNIA )
ss.
COUNTY OF )
onAprd 2006, before me, fccc) i S a Notary Public,
personally appeared /,Se K. 6,'l eS personally known to
me ( ce) to be the person(s�rwhose names
is/Ve' subscribed to the within instrument and acknowledged to me that /she/;key executed the
same in ljk7her/their authorized capacityyK' and that by Xs/her/their signature(s� on the
instrument the personal, or the entity upon behalf of which the perso*) acted, executed the
instrument.
W� E my hand and official seal.
AMY L JONILONIS
Commission# 1550392
No y Public00MvCornmE);*esFeba2009?
Notary PuWic Coufornia
Son Diego county
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On June 15, 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Nick P. Yovino, Planning and Development Director, 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 be 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.
REBECCA E. KLISCH
CITY CLERK, CMC
J �
By
Deputy
1 �
EXHIBIT "A"
Condominium Conversion Agreement Tract No. 5409
Tuesday, April 18,2006
APR 112006
Rimnina Division
City of Fresno-Planning and Development Dept. ;�;taf :1,zrit'aeparnnent.
Attn: 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 Director.
Here is a cost estimate for the conditions of approval required by the city of Fresno prior to the final
map No. 5409.
We are requesting an agreement with the City to record the final map No.5409 prior to the conditions
of approval being met with a bond agreement between SSBI Stonemark Homes, L.P..and the City of
Fresno.
The conditions that have not yet been met but are in the process are the following(numbers are
according to the"Conditions of Approval"from the City of Fresno dated August 17, 2005):
7.Applicant shall provide 60 cubic feet of storage'space for each unit in order to meet the requirements
of the FMC, Section 12-907-c-2.
We have entered into contract with Focal contractor to provide 106 60-Cubic feet of storage bins
with Rubbermaid like material and installationsJCity fees and Permits (if applicable)for a total of
$53,000.00
11. Provide sufficient trees in the parking lot area to provide 50 percent shading of the parking area
surface within 15 years. (This requirement may be reduced to 40 percent for existing development if it
is demonstrated that the constraints of an existing site would make it impossible to meet the normal
standards.) Trees shall also be planted in the required landscaped area along the periphery of the
development in order to shade and enhance adjacent property and public rights-0f-way. Refer to the
attached "Performance Standards for Parking Lot Shading"for the tree list and further details.
Approximate cost for the trees will be$30,000.00.
13. Landscaping must be in place before issuance of the.certificate of occupancy. A Hold on
Occupancy shall be placed on the proposed development until such time that landscaping has been
approved and verified for proper installation by the Planning Division.
Approximate cost will be$94,000.00.
. � v
19.All handicapped stalls shall be marked with the international symbol of spaces and a warning that
vehicles in violation of Section 10-1017 of the Municipal Code shall be towed away. The international
symbol and tow-away warning shall be posted conspicuously on seven foot poles..
All handicapped stalls, signing and striping will be done at the completion of the project, which
we expect to be the beginning of June. The approximate cost would be$1,500.00.
37. Developer must install on-site hydrant(s). Provide fire hydrant flow of 2500 GPM eight-inch water
main minimum.
We are in the process of starting construction for a fire hydrant Permit has been pulled and we
plan to complete it by the end of May. Approximate cost will be$20,000.00.
42. Developer shall provide at least two—two cell enclosures, built to current specifications of 22-feet
by ten-feet,eight-inches.
Approximate cost for these will be$25,000.00
45.All required signing and striping shall be done by,and paid for,by the developedowner. Signing
and striping plans shall be prepared per current California Department of Transportation standards and
shall be submitted along with the street construction plans for Vesting Tentative Tract Map No. 5409 to
the Transportation Section of the Public Works Department for review and approval.
All signing and striping will be done at the completion of the project,which we expect to be the
beginning of Junes The approximate cost would be$1,500.00.
Total Cost Estimate.$225,000.00
Please let me know if you need any additional information to secure this agreement. We appreciate
your promptness in this matter.
Sincerely,
SSBI Stonemark Homes, LP.,
a California limited partnership
By: GP Stonemark Homes, LLC,
a California limited liability company, as General Partner
By: San Sangat Bhavan, Inc.,
a Nevada corporation, Member
By:
William d, President
EXH I BIT "A'#
Condominium Conversion Agreement Tract No. 5409