HomeMy WebLinkAboutEdison Plaza Partners, LP - Reformed Release of Constuction Covenants and Certificates of Completion - Phase I V/
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RECORDED AT THE REQUEST OF :RESNO County Recorder
AND WHEN RECORDED RETURN TO: )dul Dictos, C,P,R,
]0C- 2017-0118701
CITY OF FRESNO, a municipal corporation, in ;heck Number 1513
ruesday, SEP 19, 2017 14:58:07
CITY CLERK ftl Pd $46.00 Rcpt # 0004847650
2600 FRESNO STREET APR/R2/1-10
FRESNO, CA 93721-3603
No Fee-Govt. Code Sections 6103-27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
APNS: ASSESSOR'S PARCEL NUMBERS
477-142-12T, 13T, 14T,15T,16T,17T,18T
PORTION OF 477-142-01T,02T,03T,04T,05T,6T, 19T,20T,21T
477-144-04T,05T,06T,09T,16T,31T (,e
PORTION OF 477-144-01T,02T,03T, 12T,13T, 14T, 15T
Reformed Release of Construction Covenants and Certificate of Completion -Prase I
This Reformed Release of Construction Covenants and Certificate of Completion is
recorded at the request and for the benefit of the CITY OF FRESNO, a municipal corporation, in
its capacity as the HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY OF THE
CITY OF FRESNO.
A. As agreed in a Disposition and Development Agreement entered into by the CITY OF
FRESNO, a municipal corporation, in its capacity as the HOUSING SUCCESSOR TO THE
REDEVELOPMENT AGENCY OF THE CITY OF FRESNO, as AGENCY, and EDISON PLAZA
PARTNERS, L.P., a California limited partnership as ORIGINAL DEVELOPER, dated March 9,
2011, and the Reformation of Disposition and Development Agreement dated January 24, 2012,
between the Agency and Original Developer, as further reformed by Second Reformation of
Disposition and Development Agreement dated March 3, 2015 among Agency, Original
Developer, FRESNO EDISON APARTMENTS II, L.P. and FRESNO EDISON APARTMENTS,
LP, a California limited partnership, as PHASE I DEVELOPER, (as reformed, the "DDA"), the
AGENCY conveyed certain real property to PHASE I DEVELOPER under a Grant Deed, dated
December 3, 2015, recorded in the Official Records of Fresno County on December 4, 2015, as
Document No. 2015-0153660 (the "DEED"), and the PHASE I DEVELOPER agreed to
complete/cause the completion of the construction described therein in Phases (for purposes of
this certificate, (the "Phase I Project") upon the premises described therein as the "Property"
according to the terms and conditions of the DDA and the documents and instruments
referenced therein, incorporated herein.
B. The DDA or a memorandum of it was recorded March 16, 2011, as Instrument No. 2011-
0037419 in the Official Records of Fresno County, California.
C. Under the terms of the DDA, after PHASE I DEVELOPER completes/causes completion
of construction of a Phase of the Project on the Property/portion thereof, including the
DMEAST#20987510 v2
Phase I Project, PHASE I DEVELOPER may ask AGENCY to record an instrument
certifying that PHASE I DEVELOPER has completed the required improvements for
such Phase of development in the form of a Release of Construction Covenants and
Certificate of Completion.
D. PHASE I DEVELOPER has asked AGENCY to furnish PHASE I DEVELOPER with a
recordable Release of Construction Covenants and Certificate of Completion for a
Phase of development.
E. The AGENCY's issuance of this Release of Construction Covenants and Certificate of
Completion is conclusive evidence that PHASE I DEVELOPER has completed the
construction on the Phase I Project of the development of the Property to terminate and
release PHASE I DEVELOPER from the construction/improvement covenants in the
DDA pertaining to such Phase I Project.
NOW THEREFORE:
1. As provided in Section 4.10 of the DDA, the Agency does hereby certify that construction
of all of the improvements required by the DDA on the Phase I Project portion of the
Property described in Attachment A, attached hereto and incorporated herein by this
reference, has been satisfactorily completed.
2. The DDA is therefore of no further force and effect as to such Phase of Development of
the Property, and all rights, duties, obligations and liabilities of the Agency and the
Phase I Developer thereunder with respect to such Phase I Project of Development shall
cease to exist. Any continuing and existing rights, duties, obligations and liabilities of the
Agency and the Phase I Developer (and its successors) pertaining such Phase I Project
development are provided in the Grant Deed conveying the Property from the Agency to
the Phase I Developer.
3. This Release of Construction Covenants and Certificate of Completion shall not be
deemed or construed to constitute evidence of compliance with or satisfaction of any
obligation of the Phase I Developer to any holder of a mortgage, or any insurer of a
mortgage, securing money loaned to finance the construction of the improvements on
the Property. This Release of Construction Covenants and Certificate of Completion, is
not a notice of completion as referred to in Section 3093 of the California Civil Code.
DMEAST#20987510 v2 2
IN WITNESS WHEREOF, AGENCY has executed this Release of Construction Covenants and
Certificate of Completion as of this I q day of 2017.
CITY OF FRESNO, a municipal corporation, in
its capacity as Housing Successor to the
Redevelopment Agency of the City of Fresno
I ��1 a Al
ATTEST: sP
YVONNE SPENCE CMC n °
City Clerk �.
By: ^ r
Date:
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
T CY PARV NIAN
Deputy CityP,�t ��y��
Date: [
DMEAST#20987510 v2 3
CONSENT OF DEVELOPER
FRESNO EDISON APARTMENTS, LP, the owner of record of the Property and the Developer,
consents to recording this Release of Construction Covenants and Certificate of Completion
against the Property described herein.
Dated:
FRESNO EDISON APARTMENTS, LP,
a California limited partnership
By: Silvercrest, Inc.,
a Califora non-profit corporation,
its Ma agi g Ge qra
Partner
Name: jPr6ston Frince
Title: Secretary/Treasurer
By: Fresno Edison Apartments AGP, LLC,
a California limited liability company, its
Administrative General Partner
By: Housing Authority of the City
of Fresno, California, managing
me er
2
Nam . Preston Prince
Title: CEO/Executive Director
By: Edison Plaza Partners, L.P.,
a California limited partnership,
member
By: The Penst r G oup
Its General Pa ne
By: Thomas G. Richards
Its: President
By: Jackson J&J, LLC (dba H.A. W. Fifty Six)
Its: Ge era rtner
James ks
Its: Managing Memb
DMEAST#20987510 v2 4
i
ATTACHMENT A(LEGAL DESCRIPTION)
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,COUNTY OF FRESNO,
CITY OF FRESNO,AND IS DESCRIBED AS FOLLOWS:
LOTS 6 THROUGH 25,INCLUSIVE OF BLOCK 3 OF LONG BROTHER'S ADDITION,IN THE CITY OF
FRESNO,COUNTY OF FRESNO,STATE OF CALIFORNIA,ACCORDING TO THE MAP THEREOF
RECORDED IN BOOK 1,PAGE 59 OF PLATS,FRESNO COUNTY RECORDS.
EXCEPTING THE SOUTH 79.00 FEET OF LOTS 21 THROUGH 25,INCLUSIVE IN BLOCK 3 OF SAID LONG
BROTHER'S ADDITION.
ALSO EXCEPTING THE WEST 17.80 FEET OF THE SOUTH 79.00 FEET OF LOT 20,INCLUSIVE IN BLOCK
3 OF SAID LONG BROTHER'S ADDITION.
ALSO EXCEPTING THAT PORTION OF LOT 25,INCLUSIVE IN BLOCK 3 OF SAID LONG BROTHER'S
ADDITION PREVIOUSLY GRANTED TO THE CITY OF FRESNO,IN DEED RECORDED JULY 14,2009,AS
INSTRUMENT NO.2009-0095487,OFFICIAL RECORDS OF FRESNO COUNTY.
TOGETHER WITH LOTS 27 THROUGH 37,INCLUSIVE OF BLOCK 3 OF LONG BROTHER'S ADDITION,IN
THE CITY OF FRESNO,COUNTY OF FRESNO,STATE OF CALIFORNIA,ACCORDING TO THE MAP
THEREOF RECORDED IN BOOK 1,PAGE 59 OF PLATS,FRESNO COUNTY RECORDS.
EXCEPTING THE NORTH 126.00 FEET OF LOTS 27 THROUGH 37,INCLUSIVE OF BLOCK 3 OF SAID
LONG BROTHER'S ADDITION.
ALSO EXCEPTING THAT PORTION ADJACENT TO THE ABOVE LAND IN BLOCK 3 OF SAID LONG
BROTHER'S ADDITION PREVIOUSLY GRANTED TO THE CITY OF FRESNO,IN DEED RECORDED JULY
14,2009,AS INSTRUMENT NO.2009-0095487,OFFICIAL RECORDS OF FRESNO COUNTY.
TOGETHER WITH LOTS 1 THROUGH 50,INCLUSIVE OF BLOCK 4 OF LONG BROTHER'S ADDITION,IN
THE CITY OF FRESNO,COUNTY OF FRESNO,STATE OF CALIFORNIA,ACCORDING TO THE MAP
THEREOF RECORDED IN BOOK 1,PAGE 59 OF PLATS,FRESNO COUNTY RECORDS.
EXCEPTING THE SOUTH 93.00 FEET OF LOTS 1 THROUGH 25,INCLUSIVE OF BLOCK 4 OF SAID LONG
BROTHER'S ADDITION.
ALSO EXCEPTING THE NORTH 120. 00 FEET OF LOTS 26 THROUGH 30,INCLUSIVE OF BLOCK 4 OF
SAID LONG BROTHER'S ADDITION.
ALSO EXCEPTING THE WEST 18.80 FEET OF THE NORTH 120.00 FEET OF LOT 31,INCLUSIVE OF
BLOCK 4 OF SAID LONG BROTHER'S ADDITION.
TOGETHER WITH THAT PORTION OF THE VACATED ALLEYS AND GEARY STREET AS SET FORTH IN
CITY OF FRESNO RESOLUTION NO. 2015-203,RECORDED NOVEMBER 20,2015,AS INSTRUMENT NO.
2015-0148678,THAT WOULD PASS BY OPERATION OF LAW.
EXCEPTING THEREFROM THAT PORTION OF SAID VACATED ALLEY LYING ADJACENT TO LOTS 6
THROUGH 13,INCLUSIVE,IN SAID BLOCK 3 OF LONG BROTHER'S ADDITION THAT WOULD PASS BY
OPERATION OF LAW.
ASSESSOR'S PARCEL NUMBERS: APNS 477-142-12T, 13T, 14T, 15T, 16T, 17T, 18T
PORTION OF APNS 477-142-01T, 02T,03T,04T,05T,6T, 19T,20T,21T
APNS 477-144-04T,05T,06T,09T, 16T,31T
PORTION OF APNS 477-144-01T,02T, 03T, 12T,13T, 14T, 15T
DM EAST#20987510 v2
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 FRESNO
County of )
On m.4 y 2017 before me, ANNA G. GUERRA, NOTARY PUBLIC
l (insert name and title of the officer)
personally appeared Gt (Q (f r 4e LA
who proved to me on the basis of satisfactory evidence to b or K whose name's') i5ja-re
subscribed to the within instrument and acknowledged to me that-+telshe/they-executed the same in
-4rislherltkeh-authorized capacit t), and that by-htslherlt4eiF signatucW on the instrument the
persor� , or the entity upon behalf of which the persoRM) 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.
ANNA G.GUERRA
WITNESS my hand and official seal. ", :-, Commission#213os7a
-em =•�_ A Notary Public -California z
n_r -
a Fresno County a
M Comm.Expires Nov 15,2019
Sig re (Seal)
/` -�►- 'T r�tC Ty it e )'1 A n�S G1
4)W-iL
CALIFORNIA
ALL-PURPOSE 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 FRESNO
On August 28, 2017, before me, Crystal AldaPe, Notary Public, personally appeared,
Preston Prince, who proved to me on the basis of satisfactory evidence to be the
persons whose named is/ subscribed to the within instrument and acknowledged
to me that he/#heAh" executed the same in his/hev4kc4 authorized capacity, and
that by his signatures on the instrument the person, or the entity upon
behalf of which the persons 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.
CRYSTAL ALCAPE
Notary Public-California
WITNESS m hand and official l. Fresno County
y seaCommission#2145187
M Comm.Ex ices Mar 5.2020
(Notary Seal)
Signature af ataryPublic
Description of the Attached Document(optional)
REFORMED RELEASE OF CONSTRUCTION COVENANTS AND CERTIFICATE OF COMPLETION -
PHASE 1
Title or description of attached document
Number of Pages _ Document Date NONE
(Additional Information)
CALIFORNIA
ALL-PURPOSE 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 FRESNO
On August 28, 2017, before me, Crystal Aldaye, Notary Public, personally appeared,
Preston Prince, who proved to me on the basis of satisfactory evidence to be the
persons whose nameko is/ore subscribed to the within instrument and acknowledged
to me that he/sh@44@y executed the same in his/herA4wi=r- authorized capacity, and
that by his signatures on the instrument the person, or the entity upon
behalf of which the persons 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.
CRYSTAL ALOAPE
Notary Public-California
WITNESS m hand and official seal. Z Pisano county
y x Commission#�2145187
M Comm.Ex ires Mar 5,2020µ
a
(Notary Seal)
Signature ofN ary Public
Description of the Attached Document(optional)
REFORMED RELEASE OF CONSTRUCTION COVENANTS AND CERTIFICATE OF COMPLETION --
PHASE 1
Title or description of attached document
Number of Pages _ Document Date NONE
(Additional Information)
QC
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
ChYsxtscwfisaC?s{n_C.sY�{? � C��
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 off�4"10R } r f
On fi 3� 2D �!' before me, L&AL r ' v��L
Date He s=Nar�end Title of the Officer
personally appeared —0" ,
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personoo whose name(A is/ar&
subscribed to the within instrument and acknowledged to me that he/may executed the same in
his/I 0e+rauthoriaed capacity("),and that by his/laerAeii signature(O on the instrument the person(O,
or the entity upon behalf of which the person(t) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
LETA M. CIAVACLIA is true and correct.
COMM. #2198692 : WITNESS my hand and official seal.
s� Notary Public•California o
AWW Fresno County
U
Comm.Ex ires June 20,2021
Signature
Signature of ry 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: sil"
Document Date: G 111 Number of Pages:
Signer(s) Other Than Named Above: _
Capacity(ies) ' ed�y& q�e�[s} [I
Signer's Name: SLS Signer's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
2 Partner — ❑ Limited 2'General ❑ Partner — ❑ Limited ❑General
❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
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02015 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
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ACKNOWLEDGMENT
A notary public or other officer completing this
certification 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 n� r
On � 14 [.AXV before me, i " c—
�� (Insert n__am d tit a of the offs er)
personally appeared � � rl',__-rrS
who proved to me on the basis of satisfactory ekidence to be the person(*)whose name(q) isLar&
subscribed to the within instrument and acknowledged to me that heLW4oA4ey executed the same in
hislh—IfWei6 authorized capacity(ig*and that by hisll hc*signature(*) on the instrument the
person($), or the entity upon behalf of which the person(a) 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.
IETA M.CIAVAt:I,IA
WITNESS my hand and official seal COMM. 402198692 z
Notary Public•C811110"08o
Ca r Frewo Caunlr
Signature v (Seal) Camra. June A 2R21
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