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Home My WebLink AboutPM 2012-06 - Agreement/Covenant - CFD 9 Maintenance - 6/1/2017 RECORDING REQUESTED BY AND IIII III I IIII II II IIII I II III II III IIII I IIII I VIII I II WHEN RECORDED MAIL TO: ' FRESNO County Recorder City Clerk Paul Dictos, C.P.A. City of Fresno ' DOC— 2017-0068083 2600 Fresno Street Fresno, CA 93721-3603 Thursday, JUN 01, 2017 08:00:00 Tt 1 Pd $0.00 Rcpt # 0004778341 RGR/R4/1-7 NO FEE - Government Code 6103 CITY OF FRESNO Public Works Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS FOR PARCEL MAP NO. 2012-06 STATEMENT OF COVENANTS CFD Maintenance Parcel Map No. 2012-06 Page 2 RECITALS WHEREAS, G4 ENTERPRISES LTD., LP, a California Limited Partnership, 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: Parcels A through H, inclusive of Parcel Map No. 2012-06 according to the map thereof recorded in Book of Parcel Maps at Page(s) 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, Director of the Development and Resource Management Department conditionally approved Vesting Tentative Parcel Map No. 2012-06, 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 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. 9. STATEMENT OF COVENANTS CFD Maintenance Parcel Map No. 2012-06 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. 9. 3. The Covenantor shall provide to every prospective purchaser of each parcel 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 that this 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 or action shall.be entitled to recover from the other party its reasonable attorney's fees and legal STATEMENT OF COVENANTS CFD Maintenance Parcel Map No. 2012-06 Page 4 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 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. 1 STATEMENT OF COVENANTS CFD Maintenance Parcel Map No. 2012-06 Page 5 DATED: S -p2 A0 / 7 CITY OF FRESNO, COVENANTOR a Municipal Corporation G4 ENTERPRISES LTD., LP Public Works Department A California Limited Partnership Scott Mozier, P.E., Director By: G2 M AGE ENT, LLC A C Ifornia L ited i l y Company --1799 A General art By: By. Andrew J. Be 11, ., Assistanf Director bits Akf 4n/ By: APPROVED AS TO FORM: P414-II P P*'CNA44I DOUGLAS T. SLOAN City Attorney (Attach Notary Acknowledgment) By: C4(— Wry Raterman-Doidge S L(0�Z6 Deputy City Attorney Date: s 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 ) ss. COUNTY OF FRESNO ) On this 23`d day of May 201.7, before me, JULIE, RUSH, a Notary Public, personally appeared DENNIS PARNAGIAN, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which lie 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. W ITNESS my hand and,official seal. Notary Public JULIE RUSH Commission #2080589 i Notary Public-California z Z '' Fresno County My Comm.Expires Sep 30,2018 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 ) ss. COUNTY OF FRESNO ) On this 23rd day of May 2017, before me, JULIE RUSH, a Notary Public, personally appeared PHILIP PARNAGIAN, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which he 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. Notary Public JULIE RUSH Commission #2080589 Z a :-m Notary Public -California D z ` `�� o Fresno County My Comm. Expires Sep 30,2018 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 May 26, 2017 before me, Mai'co Martinez-Velasquez, Deputy City Clerk, personally appeared, Andrew J. Benelli, P.E., Assistant Director of Public Works 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, CMC City Clerk, City of Fresno �y OF FRfs , yo By Z ' Deputy