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HomeMy WebLinkAboutT-6060 - Agreement/Covenant - 7/14/2016 �¢�vRJInG QEQur-s,�o �;AWS IIIIIIIIIIIIIIIIIIIIIIIII When Recorded Mail To: 111111 IN 111111111 City Clerk FRESNO County Recorder City of Fresno Paul Dlctos, C.P,A, 2600 Fresno Street DOC— 2016-0090749 Fresno, CA 93721-3603 Acct 70-old Republic Title CONCORD Thursday, JUL 14, 2016 08:00:00 Tt 1 Pd $93-00 Rcpt # 0004570544 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. 6060 1 f Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No. 6060 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. 6060 according to the map thereof recorded in Volume $6 - of Plats at Page(s) s,�� 4-ZQ , 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. 6060 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 Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No. 6060 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. 6060; and WHEREAS, the City is unable to find that the Final Map of Tract No.'6060 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 Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No. 6060 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 15, Article 39 prior to the close of escrow of any condominium unit in the project. _I Statement of Covenants Affecting Land Development Deferring Formulation of Condominium Documents Final Map of Tract No. 6060 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. 6060 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. 6060 Page 7 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation Development & Resource Management FFDA PROPERTIES, LLC Department a California Limited Liability Company Jennifer K. Clark, Director By: ( By: Jennifer k. Clark, Director Darius Assemi, Vice President APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney (Attach Notary Acknowledgments) r By: ry 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-or ) County of 1--- ei,�Yl o ) On Meq 25 201 to before me, Madel Coe tta,— 1'i� oo c , Date Here Insert Name and Title of the fficer personally appeared _T)6,y'►Ue;, pr�"Y Q Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(* whose name(* Ware subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/heWtheir authorized capacity(ies), and that by his/4e#-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. MADELYN CUELLAR WITNESS my hand and official seal. Commission#E 2103017 Notary y Public-California Fresno County Signature r �"-'7\"`— Comm.Expires Mar 13,2019+ Sig ure of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited n General ❑ Partner — FJ' Limited 1-i General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact Cl Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National 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 June 24, 2016 before me, Marco Martinez-Velasquez, Deputy City Clerk, personally appeared, Jennifer K. Clark, Director, Development and Resource Management Department (DARM)of the City of Fresno, 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, CMC1 of FF+Es City Clerk, City.of Fresno * f; a c••: rFD OL" By�GI/(,e-c7. Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on jv1y I zol5 , in the office of the Fresno County Recorder as Document No. 2015 - 00,94352- of which the Deed of Trust in by and between:FFaA ProTr+eS, LLC- . CA bvhiW Lib► Wy Gn J,es Trustor, OIC EeeQ b1 cc Tit%& Cd:>myoM!4 , as Trustee, and U•5. 2�pr,k NJ-x'ldnal A%soci2'hor, w`i'lC-ftw_"l 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, DCCBR and Homeowners'Association for Condominium Purposes for the Final Map of Tract No. 6060. DATED:- 7-4 20 1(D BENEFICIARY 0,Y.84K X14-1-16^117L By: CA AtU L • ) Name: Oarn e L- Liuyiiun Title: V • �• By: Name: Title: (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) 10 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 C�j-eSwi O ) On �A"IA-, ZOOlP before me, 1AOdetvin cuei lam, Date Here Insert Name and Title of(he Officer personally appeared rif— L, _C)VVAf1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(G) whose name(&) is/W& subscribed to the within instrument and acknowledged to me that tre/she/t#tey executed the same in lots/her/tKeir authorized capacity(ies), and that by+-4s/her/tAeir signature(s)on the instrument the person(&), or the entity upon behalf of which the person(e) 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. MADELYN CUELLAR WITNESS my hand and official seal. Commission!2103017 z . Notary Public-California Z Fresno County Q My Comm.Expires Mar 13,2019 Signature ► '� ` Si ature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact C Individual 'Attorney in Fact C Trustee F1 Guardian or Conservator C Trustee ❑ Guardian or Conservator LL Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association -www.National Notary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 �:1 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on lJo vein p- J5 , 7012- , in the office of the Fresno County Recorder as Document No. 1012 " 01t�0 99 of which the Deed of Trust in by and between:FFDA ie LL--, ACA u•.,i W G tejas Trustor, first Awxe,r c-an Tii kke, Cmrr,mn A , as Trustee, and t eveloom2 mac.., -f4,P, Cts c� -F-�eSh' , 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, DCCBR and Homeowners'Association for Condominium Purposes for the Final Map of Tract No. 6060. DATED: BENEFICIARY By: Name: — By: Name: Title: (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) 1� 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 �l'�`�''►D ) On �AaM 25, '2-0<<P before me, IAadtlj YI 1. Ud [Q*- Tobi IG Date dere Insert Name and Title of Me Officer personally appeared V U r T ec t Name(s) of Signer(;) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/ara subscribed to the within instrument and acknowledged to me that-he/she/##ey executed the same in Itis/her/heir 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(c4 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. - - - - - - - - - - - -- -- - -- MADELYN CUELLAR WITNESS my hand and official seal. Commission#2103017 No"Public-CaiHornis � Q Fresno County Signature l Y c My Comm.Expires Mar 13,2019 Sig )re of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑Corporate Officer — Title(s): i❑Corporate Officer — Title(s): ❑ Partner — 1.1 Limited ❑ General n Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact L1 Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator n Trustee L� Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association -www.National Notary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907