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HomeMy WebLinkAboutT-6015 - Agreement/Covenant - 2/24/2015 When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 01124/1015,20150011909 NO FEE-GOVERNMENT CODE 6103 Q Z CITY OF FRESNO p Development& Resource Management Department U W a W r O. 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. 6015 Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No. 6015 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. 6015 according to the map thereof recorded in Volume E 14 of Plats at Page(s) `1 ol 4 rf,3 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-11-163 and Conditional Use Permit Application No. C-12-002 dated May 1, 2013 and any amendments thereto, hereinafter referred to as"Special Permit", and the approved Vesting Tentative Map No. 6015 for condominium purposes dated May 1, 2013, 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 Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No. 6015 Page 3 condominium plan; and 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. 6015; and WHEREAS, the City is unable to find that the Final Map of Tract No. 6015 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 Bureau 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 Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No. 6015 Page 4 California Civil Code, whichever is earlier, Covenantor shall submit to the City for 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 Bureau 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 Bureau 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. Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No. 6015 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. 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. Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No. 6015 Page 6 10. 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. 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. 6015 Page 7 DATED: r3 j1VO4,Ly /6, 20 Lc CITY OF FRESNO, COVENANTOR a Municipal Corporation Development & Resource Management FFDA PROPERTIES, LLC Department a California Limited Liability Company Jennifer K. Clark, Director Qgg�� By: cAkBy: enn f K. Clark, Director Darius Assemi, Vice President APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney (Attach Notary Acknowledgments) R By: Wry Raterman-Doidge Deputy City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of D L II ' !! ��,,t r On Z—3c)— j 4 before me, [An-a-- V a iNJota _PLL.bUC- Date N e and Title of the Officer personally appeared G�r'I L ) t> Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person,W whose nameWis/oe subscribed to the within instrument and acknowledged to me that helms executed the same in LIANA LEY11R h€slh rei, authorized capacitySW< and that by Commission#2o783ai hisllheW#tei signaturqW on the instrument the a �w Notary Public-California z a person( or the entity upon behalf of which the Fresno County persortWacted, executed the instrument. Comm.Eg=uq 17,2018 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS n an a 'ci I a1. Place Notary Seal Above Signature: Signature of NApA Public OPTIONAL Though this section is optional, completing this informatio can deter alteration of the document or fraudulent reattachment of this form to n unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other han Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑G eral ❑ Partner— ❑ Limited ❑General ❑ Individual ❑Attorn in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Gua Ian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Repre ting: Signer Is Representing: C�2013 ational Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document CLERK'S CERTIFICATION State of California } County of Fresno } On January 20, 2015 before me, Sherrie Badertscher, Deputy City Clerk, personally appeared, Jennifer K. Clark 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. 2011-0090999 of which the Deed of Trust in by and between: FFDA Properties,LLC, a California limited liability C'ompanv as Trustor, First American Title Company , as Trustee, and Redevelopment Agency of[lie 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. 6015. DATED: BENEFICIARY By cL�, 7 Name: Marlene Murl:shcy Title: Executive Director 1lenshrg Successor Agency to the Redevelopment Agency of the City of Fresno By: Name: Title: (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County ofr',(_ o ) On IL�uv.rb% s SDI S before me, ► 1rA 'Pal �' C // / (insert name and title o the officer) personally appeared C I'!L�n / 1 k 4 t'?4'1_tj who proved to me on the basis of satisfactory evidence to be the perso ) whose name iS�e subscribed to the within instrument and acknowledged to me that ite/she/the"xecuted the same In IyWherlth-efiauthorized capacitypet), and that by+0slherlthLtr signatureXon the instrument the person(6 or the entity upon behalf of which the perso%") 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. r ANNA G.GUERRA Commission# 1960947 a Notary Public-California z Fresno County May Comm.Expires Nov 18,2015 a Signature (Seal) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on January 11, 2013 , in the office of the Fresno County Recorder as Document No. 2013-0004321 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 The Redevelo ment 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. 6015. DATED: a n► �o S� BENEFICIARY By Name: Marlene Murphev Title: Executive Director -1eextir 4 Successor Agency to the Redevelopment Agency of the City of Fresno By: Name: Title: (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of F�' s pn 0 ] On.,140 VVI before me,- rO'k I U'�s' k-4 p-4 �� C' q ,(�(insert name and title of the offl"cer) personally appeared lebn� f ' L4r rt who proved to me on the basis of satisfactory evidence to be the persono}whose name) islare subscribed to the within instrument and acknowledged to me that-#e/sheltherexecuted the same in 4r9/herlthatr'authorized capacity), and that by-NsfhedtheiT-signature,(.s'S on the instrument the person(s'f or the entity upon behalf of which the personK 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. RRA WITNESS m hand and official seal. ANNA Commission## 1960847 ¢ •��;Y Notary Public California z z Fresno County My Comm.Expires Nov 18,2015 J Signature ��- (Seal) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on S(fmy i%W 25, 20 14 in the office of the Fresno County Recorder as Document No. 204—ol ofo354 - 00 of which the Deed of Trust in by and between: FTVA as Trustor, A-M��«M Sbcvcik-T%� d,►,� y c�or��Co�N�� r��Pb�k-t�an as Trustee, and Wear o oPm-� .; NIA-rt%3oki. W%—y0A T.%vi 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. 6015. DATED: 121 ZA Zo t4 BENEFICIARY By: _ Name: FAc'm ►4"f*L- Title: y\Lt g1hSNLtr T By: Name: Title: (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 : .rs.�^��r.�,.�.aac•.�;�.�,�:c^.�:t..c��c<:rc:n.�:�.c�.c:ears.�cr•.�o�•.�r•.e:r.:-t��:ecr.::a���.�c.�u��� - �•.�..a;�- - State of California County of �q n ��� n u -t Lk C, I , f"Cf On _ before me, [`C pale Here Insert, ' and Title of the Officer personally appeared Name(s)of Signers) who proved to me on the basis of satisfactory s. 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 QlAy CORINNE SMIT-YSMAEL his/her/their signature(s) on the instrument the Commission #2014593 Lperson(s), or the entity upon behalf of which the Notary Public-California xSan Francisco County person(s) acted, executed the instrument. Comm.Expires Apr 13,2017 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. r. I i Signature: Y Place Notary OPTIONALSeal Above Signature of Notary Qu Ik I 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: •t } ' t►11� I` Document Date: f„ `P _ Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) 4 Signer's Name: _. _ Signer's Name: . ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual ❑ Partner — ❑Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee L.-.Trustee ❑ Guardian or Conservator Ci Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing:_ Signer Is Representing. ---------------- xis _ ©2012 National Notary Association •NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907