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HomeMy WebLinkAboutT-6059 - Agreement/Covenant - 2/19/2016 I J When Recorded Mail To: 111111111111 IN 11111111111111 HIM City clerk FRESNO County Recorder City of Fresno Paul Dictas� C.P.A. 2600 Fresno Street DDC— 2016-0018044 Fresno, CA 93721-3603 Acct 70-Old Republic Title CONCORD Thursday, FEB 18, 2016 08:00:00 Tt 1 Pd $0.00 Rcpt # 0004474514 RGR/R4/3-13 NO FEE-GOVERNMENT CODE 6103 CITY OF FRESNO Development& Resource Management Department 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. 6059 r Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No. 6059 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. 6059 according to the map thereof recorded in Volume Ts- of Plats at Page(s) 6"1 + 76 , 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-13-137 dated May 21, 2014 and any amendments thereto, hereinafter referred to as "Special Permit", and the approved Vesting Tentative Map No. 6059 for condominium purposes dated May 21, 2014, 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 i Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No. 6059 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. 6059; and WHEREAS, the City is unable to find that the Final Map of Tract No. 6059 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 California Civil Code, whichever is earlier, Covenantor shall submit to the City for review the Condo 3 Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No. 6059 Page 4 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. 6. The conditions of this Statement of Covenant are intended to benefit the public and y Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No. 6059 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 5 Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No.6059 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.6059 Page 7 DATED: L-'62 VAR Y CITY OF FRESNO, COVENANTOR a Municipal Corporation Development& Resource Management FFDA PROPERTIES, LLC Department a California Limited Liability Company Jennifer K. Clark, Director By: Ey: JVff r K. Clark, Director s resident APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney (Attach Notary Acknowledgments) By: ary Raterman-Doidge Deputy City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 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 PrP S 110 ) On D eWbEr -1015 before me, LjajA 2 V L1&kr Date Here Insert me and Title of the Officer personally appeared ��I 11S A SSP�YYI II Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person'whose name,K. is to the within instrument and acknowledged to me that he/sk@44ey executed the same in his/h@FAIReir authorized capacityLisel, and that by his/hoA4 &signaturq(aron the instrument the person or the entity upon behalf of which the persoD(a)'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph LIANA LE WA is true and correct. Commission#2078341 WITNESS•m hand and offici eal. -� Notary Public-California i Fresno County n kf Comm.Ex ires Aug17,2018 Signature Signature of Nota �Liblic Place Notary Seal Above ythan Though this section is optional, completingcan deter alteration of the document or fraudulent reattachment ounintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Otherbove:Capacity(ies) Claimed by Signer(s) Signer's Name: Name: _ L� Corporate Officer — Title(s): - ❑Corporate Officer — Title(s): C Partner — ❑ Limited C General El Partner = Limited 10 General C Individual F1 Attorney in Fact -.1 Individual Attorney in Fact L:Trustee L:Guardian or Co ervator ::1 Trustee - Guardian or Conservator C Other: J Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Assoc' ion - www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6627) Item #5907