Loading...
HomeMy WebLinkAboutT-5956 - Agreement/Covenant - 8/26/2010 (2) When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 08/26/2010,20100110158 NO FEE - GOVERNMENT CODE 6103 CC CITY OF FRESNO � Development & Resource Management Department Z O U W a W J iL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO DEFER THE FORMULATION OF THE CONDOMINIUM PLAN, DCC&R AND HOMEOWNERS' ASSOCIATION FOR CONDOMINIUM PURPOSES FOR THE FINAL MAP OF TRACT NO. 5956 Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No. 5956 Page 2 WHEREAS, FFDA PROPERTIES, LLC, a California Limited Liability Company, hereinafter referred to as "Covenantor," is the owner of the real property situated in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as follows: Lot 1 of the Final Map of Tract No. 5956 according to the map thereof recorded in Volume of Plats at Page(s) -F (cw Fresno County Records; and WHEREAS, 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 that all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, Covenantor has developed, or intends to develop the Subject Property with buildings, structures, parking and parking areas, driveways, driveway approaches, landscaping, landscape irrigation, water for domestic and fire protection purposes, sanitary sewer disposal, gas, electric, tele-communication services, solid waste facilities, storm water drainage, emergency accesses, required walls/fences and other requirements in accordance with the approved Special Permit application designated as Conditional Use Permit Application No. C-09-125 dated July 24, 2009 and any amendments thereto, hereinafter referred to as "Special Permit", and the approved Vesting Tentative Map No. 5956 for condominium purposes dated January 20, 2010, hereinafter referred to as "Tentative Map", for condominium purposes in such a manner that each tenant and condominium unit owner on the Subject Property will be compelled to use portions of the Subject Property and the common area to be created by the future condominium plan, and Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No, 5956 Page 3 WHEREAS, the Covenantor has requested the City of Fresno ("City") not to require the Covenantor to submit for review and approval, the condominium plan ("Condo Plan"), the attendant declaration of covenants, conditions and restrictions ("DCC&R") and proof of formation of a homeowners' association ("HOA") for the condominium project for the Subject Property as a requirement for the approval and filing for recording of the Final Map for Tract No. 5956; and WHEREAS, the City is unable to find that the Final Map of Tract No. 5956 is in substantial compliance with the Conditions of Approval for the Special Permit and the Tentative Map until the Covenantor provides assurances that the requirement for such Condo Plan, DCC&R and HOA formation will be duly satisfied. COVENANTS, CONDITIONS AND RESTRICTIONS In consideration of the approval and recording of said Final Map by the City, Covenantor hereby covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions, and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value, and desirability 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 of Covenant 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 or her heirs, successors, and assigns. 1. Ninety days before submittal of documents to the Department of Real Estate to obtain the public report for the project or the recordation of the Condo Plan as defined in Section 1351(e) of the California Civil Code, whichever is earlier, Covenantor shall submit to the City for Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No. 5956 Page 4 review the Condo Plan, DCC&R and HOA instruments that are compliant with the Special Permit and the Tentative Map and associated Conditions of Approval. 2. Additional time to defer the submission of said instruments to the City may be considered upon written request to the Development and Resource Management Director. Such written request shall state the basis for the additional time needed and the proposed submission date. The Development and Resource Management Director may grant or deny any such request at the Director's sole discretion. Covenantor must pay extension fees, if any, pursuant to the City of Fresno's Master Fee Schedule effective at the time the extension is requested in writing. 3. Covenantor must secure City's written acknowledgment the Condo Plan, DCC&R and HOA are in compliance with the approved Special Permit and Tentative Map before submittal of documents to the Department of Real Estate to obtain a public report from for the project or the recordation of the Condo Plan as defined in Section 1351(e) of the California Civil Code, whichever is earlier. No condominium unit shall be conveyed, transferred or sold until Covenantor has obtained the City's written acknowledgment of compliance as required by this paragraph. 4. At such time Covenantor or subsequent owner(s) sells or transfers the Subject Property, the owner shall disclose this Statement of Covenant to the buyer and reserve and except from the deed for the Subject Property, the terms of this Statement of Covenant. 5. Nothing in this Statement of Covenant shall act to release Covenantor from compliance with the law, including any approvals required from the California Department of Real Estate, requirements of the Fresno Municipal Code or the California Building Code. Covenantor acknowledges and agrees the project will comply with the conditions and requirements of Fresno Municipal Code Section 12-907 prior to the close of escrow of any condominium unit in the project. V Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No. 5956 Page 5 6. The conditions of this Statement of Covenant are intended to benefit the public and public properties as well as properties appurtenant. Failure to comply with the terms of this Statement of Covenant may result in the revocation of the Certificate of Occupancy or Special Permit by the City for use of the Subject Property. Accordingly, the City shall have the right to enforce this Statement of Covenant by any legal or equitable means. 7. Each of the covenants, conditions, and restrictions contained in this Statement of Covenant shall run with the Subject Property and shall be binding on each successive owner of the Subject Property, heirs, representatives, successors, and assigns. 8. In the event that litigation is instituted to enforce or interpret any provision of this Statement of Covenant, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation expenses. 9. The conditions and obligations of this Statement of Covenant shall remain in full force and effect until such time as the Development & Resource Management Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 10. The provisions of this Statement of Covenant 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 other provision hereof. Whenever the context of the Statement of Covenant so requires, in interpreting this Statement of Covenant, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No. 5956 Page 6 DATED: Iq U 6 U.�T /� Z(114 CITY OF FRESNO, COVENANTOR a Municipal Corporation Development & Resource Management FFDA PROPERTIES, LLC Department a California Limited Liability Company By: By: Jotry DtBishop, As istant Director Da 'uS-Assemi, Vie President APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney (Attach Notary Acknowledgments) By: �De Chaffin y Attorney CITY'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On Q.r �` 20, 2,0/0 -, before me, Deputy City Clerk personally appeared, A^0 j a , proved to me on the basis of satisfactory evidence, to be the persons(s)whose name(s) is/are subscribed to the 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(s) the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal REBECCA E. KLISCH, CMC City Clerk, City of Fresno By: DEPUTY K:\Maps\Final I\4aps\Active\T-5956\sub docs\FM 5956 Covenant for future DCCR v2010-06-02.wpd CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of f rc_y snep On T;)—)n before me, Ovvl be Y- Maw ag z Oe)*n alQU Date /n� Here Insert Name and-rifle of the Officer personally appeared ny- i La & L_stex-1,1 � Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the 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. AMBER MARTINEZ Commission# 1833812 1 certify under PENALTY OF PERJURY under the laws Z Notary Public-California of the State of California that the foregoing paragraph is Fresno County My Comm.Expires Feb 12,2013 true and correct. WITNESS mand and official seal. Signature IM(akaj Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General M. ❑ Partner—❑ Limited �-_ General _ eW ❑ Attorney in Fact110 ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Tap of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on in the office of the Fresno County Recorder as Document No. 0l0-6n('jCjj of which the Deed of Trust in, by and between: ` 7' J'A P�- zc -i,�, , LLC as Trustor, fit _ f) Td�L COVAPOLUA as Trustee, and0Q1W1CL( as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development to Defer the Formulation of the Condominium Plan, DCC&R and Homeowners'Association for Condominium Purposes for the Final Map of Tract No. 5956.. DATED: (9-30-Ip BENEFICIARY Y(Uzb6U't-C By. ,Oemon ' Mw ' 1 Q,Ci +i vL i rex4Cf'- By: (Beneficiary to print/type document info,Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -: - - :.cczetz�rc�.c;ecc•.ct.�.�4-c�,erc��`.Gru-���'-c�',e�>.crcr,�- a State of California r County of rQzn 11 b-VVA�3u J�On b-W -1(1 beforeme, Mokc"�111�Z 0U4_ ( C1 PQ() q Date 1 + ,v� Here Insert Name and Title of the Officer ' personally appeared lC\CL Q ! ' u rlDhaj� Name(s)o Wer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the 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. AMBER MARTINEZ Commission#1833812 z I certify under PENALTY OF PERJURY under the laws Notary Public-California a Fresno Countyof the State of California that the foregoing paragraph is Comm. ires Feb 12,2013+ true and correct. WITNESS Signature my nd and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact I RG ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 913132402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827