HomeMy WebLinkAboutT-5993 - Agreement/Covenant - 6/27/2013 Flo'-
When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
0612712013,20130090522
NO FEE - GOVERNMENT CODE 6103
CITY OF FRESNO
Development & Resource Management Department
Q
W
Z
0
C3
W
V]
4
W
J
°. 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. 5993
Statement of Covenants Affecting Land Development
Deferring Formulation of Condominium Documents
Final Map of Tract No. 5993
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. 5993 according to the map thereof recorded in
Volume of Plats at Page(s) �G' F 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-11-023 dated October
5, 2011 and any amendments thereto, hereinafter referred to as "Special Permit", and the approved
Vesting Tentative Map No. 5993 for condominium purposes dated October 5, 2011, 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. 5993
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. 5993; and
WHEREAS, the City is unable to find that the Final Map of Tract No. 5993 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. 5993
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.
6. The conditions of this Statement of Covenant are intended to benefit the public and
Statement of Covenants Affecting Land Development
Deferring Formulation of Condominium Documents
Final Map of Tract No. 5993
Page 5
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. If either party is required to commence any proceeding or legal action to enforce or
interpret any term or condition of this Statement of Covenant, the prevailing party in such
proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees
and legal expenses. For the purposes of this Statement of Covenant, "attorneys' fees" and "legal
expenses" include, without limitation, paralegals' fees and expenses, attorneys, consultants fees
and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing
party's attorneys in the course of the representation of the prevailing party in anticipation of and/or
during the course of litigation, whether or not otherwise recoverable as "attorneys' fees" or as
"costs" under California law, and the same may be sought and awarded in accordance with
California procedure as pertaining to an award of contractual attorneys' fees.
9. The waiver by either party of a breach by the other of any provision of this Statement
of Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either
the same or a different provision of this Statement of Covenant. No provisions of this Statement of
Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of
any one provision herein shall not be deemed to be a waiver of any other provision herein.
10. The conditions and obligations of this Statement of Covenant shall remain in full
Statement of Covenants Affecting Land Development
Deferring Formulation of Condominium Documents
Final Map of Tract No. 5993
Page 6
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.
11. 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. 5993
Page 7
DATED: �nN C �! �
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
Development & Resource Management FFDA PROPERTIES, LLC
Department a California Limited Liability Company
A
Mark Scott, Interim Director Darius Assemi, Vice President
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney (Attach Notary Acknowledgments)
r
By:
alia Kolluri-Barbi
Deputy City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ IISO
State of California
County of Fresno
On Aa f"i 2_�,2,01_'>before me, Cristina G. Lopez, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Darius Assemi
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
CaII�MM11i10am person(s) acted, executed the instrument.
F ,ON"
� >
12,2017� I certify under PENALTY OF PERJURY under the
IMMMlaws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official 7seal.
Signature:
Place Notary Seal Above OPTIONAL Signature of Notary Publi
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:
L-. Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Individual C1 Individual
❑ Partner—'-I Limited ❑General Top of thumb here ❑Partner—-_3 Limited ❑General Top of thumb here
❑ Attorney in Fact F I Attorney in Fact
❑ Trustee ❑Trustee
❑ Guardian or Conservator [I Guardian or Conservator
( ❑ Other: ❑Other:
Signer is Representing: Signer Is Representing:
F
0 2010 National Notary Association•NalionalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On June 7, 2013 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared,
Mark Scott, Interim Director, Development & Resource Management Department, 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
YVONNE SPENCE, CMC
City Clerk, City of Fresno
By
Deputy
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on July 11, 2011, in the office of the Fresno County Recorder as
Document No. 2011-0090989 of which the Deed of Trust in, by and between FFDA Properties,
LLC A California Limited Liability Company as Trustor, First American Title Company, as Trustee,
and Redevelopment Agency of the City of Fresno, 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. 5993.
DATED: LV15
BENEFICIARY
CITY OF FRESNO, a Municipal Corporation,
In its capacity as Housing Successor to the
Redevelopment Agency of the City of Fresno
By:
k
Marlene urphe
My, Executive , irector
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of �_,( "Ifja
On !a_ 1 S. before me, _ ��,4 81 e kler N_0.f Aro Purr, c_ ,
(Here insert names and title of the off r)
personally appeared 0r�f- � vtp
who proved to me on the basis of satisfactory evidence to be the person(g) whose name(g) is/are subscribed to
the within instrument and acknowledged to me that h,6/she/they executed the same in 4it/her/their authorized
capacity(i9 , and that by hkK/her/thoir signature( on the instrument the person(4, or the entity upon behalf of
which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
EMMA L.amw
WITNESS my hand and official seal. 5
NOTARY PLWC-CAUFOFItdIACOMMMSM A 1934B00
FMNo COUNTY
fy� My Comm.Exp.Msy$1,2015
` � # (Notary Seal)
Signature of Notary Public
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. in such instances, any alternative
(Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) document carefullyfor proper notarial wording and attach thisform if required.
• State and County information must be the State and County where the document
Number of Pages Document Date signei(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
❑ Individual(s) he/sbeAhey;-is/are)orcitcling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
2008 Vets ion CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com