HomeMy WebLinkAboutT-6216 - Agreement/Covenant - CFD 11 Maintenance - 11/19/2018 RECORDING REQUESTED BY 1111FFMI1 I111AkuWil l�1WIVI11MPHU 11111
AND WHEN RECORDED MAIL TO: 2015-0139156
FRESNO County Rocorda-
City Clerk Paul Dictum, CPA
City of Fresno Monday, Nov 19, 2018 08:00:00 AM
2600 Fresno Street T i t I es: i Pages: 9
Fresno, CA 93721-3603 Fees: e.00
CA Ssz Fee: e.ae
Taxes: e.00
CITYIOF FRESNO 00
NO FEE- Government Code 6103
CITY OF FRESNO
Public Works Department
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF CERTAIN PUBLIC IMPROVEMENTS
FOR THE FINAL MAP OF TRACT NO. 6216, PHASE 3 OF VESTING
TENTATIVE MAP NO. 5571
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STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 6216
Page 2
RECITALS,
WHEREAS, LENNAR HOMES OF CALIFORNIA, INC., a Californla Corporatlon and
PATRICK VINCENT RICCHIUTI,TRUSTEE,THE PATRICK VINCENT RICCHIUTI FAMILYTRUST
(A REVOCABLE LIVING TRUST) UNDER DECLARATION OF LIVING TRUST DATED MAY 17,
1986, hereinafter referred to as the "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:
Lots 1 through 92, inclusive of the Final Map of Tract No. 6216 according to
the map thereof recorded on A)0t1eMZ!g 2-01P in
Volume_E2 of Plats at Page(s) _35-38' , Fresno County Records;
and
WHEREAS, the 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, Resolution No. 13237 of the Fresno City Planning Commission conditionally
approved Vesting Tentative Map No. 5571, hereinafter referred to as the "Tentative Map;" and
WHEREAS, a condition of approval of the Tentative Map requires the Covenantor to install
and maintain certain improvements within the limits of the Tentative Map, more particularly
described in EXHIBIT"A°attached hereto and incorporated by reference as if fully set forth herein;
and
WHEREAS, a condition of approval of the Tentative Map requires that the maintenance of
such improvements shall be the responsibility of the Covenantor,a homeowners association or the
City of Fresno's ("City s") Community Facilities District; and
WHEREAS, Covenantor has elected to satisfy a portion of this maintenance condition by
annexing the Subject Property into the City's Community Facilities District; and
WHEREAS, Covenantor has requested the City to annex the Subject Property to the City's
Community Facilities District No. 11.
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STATEMENT of COVENANTS
CFD Maintenance
Tract No. 6216
Page 3
COVENANTS, CONDITIONS AND RESTRICTIONS
NOW THEREFORE, it is agreed in consideration of the foregoing and the approval of the
final map for the Subject Property by the City of Fresno, the Covenantor hereby covenants,
promises and agrees with the City of Fresno for the benefit of said City that:
1. Such improvements will be designed and installed according to improvement plans
prepared by the Covenantor and approved by the Public Works Director,
2. Covenantor shall maintain said improvements in a manner acceptable to the Public
Works Director until such time as the City notifies the Covenantor that such maintenance
responsibility has been assumed by the City's Community Facilities District No. 11.
3. The Covenantor shall provide to every prospective purchaser of each lot of the
Subject Property, the "Notice of Special Tax," attached as EXHIBIT "A," in accordance with the
provisions of Section 53341.5 of the California Government Code.
4. It is the intention hereof thatthis document shall constitute a covenant in favor of the
City of Fresno and shall run with the land and be binding upon the undersigned, its grantees, heirs,
and successors and assigns.
5. The foregoing conditions shall remain in full force and effect until such time as the
Director of the Public Works Department issues a written release of such conditions and obligations
and records such release with the Fresno County Recorder.
6. The provisions of this Statement of Covenants 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 one provision thereof. Whenever the
context of the Statement of Covenants so requires, in interpreting this Statement of Covenants,any
gender includes the other genders, the singular includes the plural, and the plural includes the
singular.
7. 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
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STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 6216
Page 4
or action shall be entitled to recover from the other party its reasonable attomey'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.
8. 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 ora 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.
1
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STATEMENT OF COVENANTS
CFD Maintenance
Tract No, 6216
Page 5
DATED: �7DQF-R 21, 2,01T
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
LENNAR HOMES OF CALIFORNIA, INC.,
Public Works Department A California Corporation
Scott Mozier, P.E., Director
Z<-
By: By;Z- Z-'94 q -
Andrew elll, P.E., Assistan Director Mike iller, Vic resident
THE PATRICK VINCENT RICCHIUTI FAMILY
TRUST (A REVOCABLE LIVING TRUST)
APPROVED AS TO FORM: UNDER DECLARATION OF LIVING TRUST
DATED MAY 17, 1985,
DOUGLAS T. SLOAN
City Attorney
By' Patrick Vincent —R-ic-5futi,Trustee
M aterman-Doidge
eputy City Attorney
Date: ! ��
(Attach Notary Acknowledgment)
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verges 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 Fresno )
On September 18, 2018 before me, Christine Collins, Notary Public
personally appeared Mike Miller , 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 helshelthey executed the same in his/her/their authorized capacity(ies),
and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
1 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. CHRISTINE COLLINS
Commission #2131344
Z Notary Public -California n
Z Fresno County
M Comm. Expires Nov 7,2019
Signature (Seal).
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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 Fresno )
On September 25, 2018, before me, Isabel F. Trejo, a Notary Public, personally appeared
PATRICK VINCENT RICCMUTI, 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. Gt5ASF0'F TRl:JO
m7omissionnu2127989
Notary Public-Calftomla
Fresno County
Signature: Comm. Oct 21 2019
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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
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On October 29, 2018 before me, Cindy J. Bruer, Deputy City Cleric, personally appeared,
Andrew J. Benelli, Assistant Director of the Public Works Department 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 helshe/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.
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
. t
��++ y OFF
By
� o
D utv.,
N'
�D OCS-
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EXHIBIT A
Covenanter's Initial Date
NOTICE OF SPECIAL TAX
CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11,
COUNTY OF FRESNO, STAE OF CALIFORNIA
TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS:
Final Tract Map No. 6216, Lot No.: A.P.N. No.:
THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR ENTERING INTO A CONTRACT TO PURCHASE THIS
PROPERTY. THE SELLER IS REQUIRED TO GIVE YOU THIS NOTICE AND TO OBTAIN A COPY SIGNED BY YOU
TO INDICATE THAT YOU HAVE RECEIVED AND READ A COPY OF THIS NOTICE.
(1) This property is subject to a special tax, which is in addition to the regular property taxes and any other charges,
fees, special taxes, and benefit assessments on the parcel. It is imposed on this property because it is a new
development, and may not be imposed generally upon property outside of this new development. If you fail to pay this tax
when due each year, the property may be foreclosed upon and sold. The tax is used to provide public facilities or
services that are likely to particularly benefit the property. YOU SHOULD TAKE THIS TAX AND THE BENEFITS FROM
THE FACILITIES AND SERVICES FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO BUY THIS
PROPERTY.
(2) The maximum special tax which may be levied against this parcel to pay for ongoing maintenance of public facilities
is $265.42 per lot annually for Fiscal Year 2018-2019 (valid through .tune 30, 2019.) The maximum special tax shall be
adjusted annually by *3% plus the increase, if any, in the construction cost index for the San Francisco Region for the
prior twelve(12) month period as published in the Engineering News Record (as applicable).
(3)The authorized facilities which are being paid for by the special taxes, are:
Maintenance of the landscaped area, trees, irrigation and concrete capping and maintenance band within the North
Temperance Avenue median island; all concrete curbs and gutters, valley gutters, sidewalks and curb ramps, Interior local
street paving, street name signage and street lights associated with Final Tract Map No. 6216. Final Tract Map No. 6216
is Phase ill of Vesting Tentative Map No. 5571 and will share the costs for all Services in common with all final maps
annexed to the Community Facilities District No. 11 within Vesting Tentative Map No. 5571.
These facilities may not yet have all been constructed or acquired and it is possible that some may never be constructed
or acquired.
YOU MAY OBTAIN A COPY OF THE APPROVED RESOLUTION WHICH ANNEXED TERRITORY AND AUTHORIZED
THE LEVY OF A SPECIAL TAX FOR ANNEXATION NO. 89 OF COMMUNITY FACILITIES DISTRICT NO. 11 AND
WHICH SPECIFIES MORE PRECISELY HOW THE SPECIAL TAX IS APPORTIONED AND HOW THE PROCEEDS OF
THE TAX WILL BE USED, FROM THE CITY CLERK'S OFFICE OF THE CITY OF FRESNO BY CALLING (559) 621-
7650. THERE MAY BE A CHARGE FOR THIS DOCUMENT NOT TO EXCEED THE REASONABLE COST OF
PROVIDING THE DOCUMENT.
1 (WE) ACKNOWLEDGE THAT 1 (WE) HAVE READ THIS NOTICE AND RECEIVED A COPY OF THIS NOTICE PRIOR
TO ENTERING INTO A CONTRACT TO PURCHASE OR DEPOSIT RECEIPT WITH RESPECT TO THE ABOVE-
REFERENCED PROPERTY. I (WE) UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT TO PURCHASE
OR DEPOSIT RECEIPT WITHIN THREE DAYS AFTER RECEIVING THIS NOTICE IN PERSON OR WITHIN FIVE
DAYS AFTER IT WAS DEPOSITED IN THE MAIL BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE
OWNER, SUBDIVIDER, OR AGENT SELLING THE PROPERTY.
DATE: Buyer:
Seller. Buyer:
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