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HomeMy WebLinkAboutPM 1995-08 - Agreement/Covenant - 8/15/2006 196081037 RECORDED IN OFFiCtAL RECORD OF FRESr�tO�j�t7NTY,CALtFO� AT_,f�L__MIN.PAST M JUN 25 19% 1 WIUJO C.GREEM100D FEE PLEASE CONFORM County Recorder g r ABOVE SPACE FOR RECORDER'S USE AGIREPITMENT. FOR EARLY ISSUANCE OF BUILDING PERMIT City of rnc_�: & DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3604 (209) 498-1591 PARCEL MAP NO. 95-08 P.W. File No. 5494 THIS AGREEMENT is made this 0?4i194—day of 19�, 41 by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter designated and called the "City," and STORYBOOK HOMES, LLC, a Limited Liability Company, 2170 North Winery Avenue, Fresno, California 93703, hereafter designated and called the "Owner/Developer," without regard for number or gender. Agreement for Early Issuance of Building Permit Parcel Map No. 95-08 PW File: 5494 Page 2 RECITALS A. Owner/Developer owns real property situated in the City of Fresno, County of Fresno, State of California, hereafter referred to as the "Subject Property" and more particularly described as: Lot 15 of DWIGHT PARK, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 8, Page 14 of Record of Surveys, Fresno County Records; and B. Owner/Developer 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 apart of this instrument. C. Owner/Developer intends to construct a single-family residential development on 9 proposed parcels on the Subject Property; and D. Owner/Developer has filed and the City has approved Tentative Parcel Map No. 95-08 and Owner/Developer anticipates filing a final parcel map to create 9-parcels in the near future; and E. Owner/Developer has filed building plans and have requested that the City issue building permits for model homes on the Subject Property for the following proposed parcels and respective addresses: Parcel A (2040 S Ninth St), Parcel B (2046 S Ninth St), Parcel C (2052 S Ninth St), Parcel D (2058 S Ninth St), Parcel E (2064 S Ninth St), Parcel F (2059 S Ninth St), Parcel G (2053 S Ninth St), Parcel H (2047 S Ninth St), Parcel I (2041 S Ninth St); and F. The City is unwilling to permit such construction or inspect same without assurance that no vested rights or entitlements will be conferred by the issuance of this early construction Agreement for Early Issuance of Building Permit Parcel Map No. 95-08 PW File: 5494 Page 3 permit or by the acceptance of such construction upon inspection. G. Owner/Developer acknowledges that such construction and improvements will be accepted by the City only if they comply with all applicable City standards, codes, and ordinances, provided, in no case shall final occupancy be approved until the proposed 9-parcels are created upon recordation of Final Parcel Map 95-08. H. Owner/Developer understands and acknowledges that the construction and improvements described herein shall be subject to acceptance or rejection by the City upon inspection thereof, and upon the terms and conditions contained herein. I. It is extremely important to the Owner/Developer that the building permits be issued as soon as possible and that upon completion and acceptance of the improvements stipulated in Condition VI of the 'Conditions of Approval' for Tentative Parcel Map 95-08 dated August 30, 1995, which is on file in the office of the Director of the Development Department, that the final map of Tentative Parcel Map No. 95-08 be filed by the Owner/Developer for action by the City; and K. That action on the final parcel map by the City of Fresno is not expected to be finalized for up to one hundred twenty (120) days. IN CONSIDERATION OF THE FOREGOING, THE EARLY ISSUANCE OF BUILDING PERMITS AND THE PROMISES AND COVENANTS HEREIN CONTAINED, THE UNDERSIGNED AGREE: 1. Should the City of Fresno fail to approve Final Parcel Map No. 95-08 creating 9- parcels from the Subject Property for any reason within one hundred twenty (120) days of the execution of this Agreement, then the Owner/Developer shall, within ten (10) days after written notice from the Director of the Development Department of the City of Fresno, remove from the Subject Property any improvements or construction placed or constructed pursuant to such building permits issued for model homes and restore the Subject Property to its prior condition. Agreement for Early Issuance of Building Permit Parcel Map No. 95-08 PW File: 5494 Page 4 2. Should the Owner/Developer fail to comply with the provisions of Paragraph 1 above, the City of Fresno, or any of its duly authorized officers, employees or agents, are unconditionally permitted to enter upon the Subject Property and accomplish such removal and restore the Subject Property to its prior condition. 3. Should the City of Fresno cause such removal under the provisions of Paragraph 2 above, the Owner/Developer shall hold harmless and defend the City, its officers, employees and agents from any claims, lawsuits, costs, liability, damages or expenses, including costs of suit and fees and expenses for legal services, on account of any damages claimed by any reason to have occurred by reason of such removal. 4. To assure the promises herein contained, the Owner/Developer shall deposit with the City of Fresno the sum of S 1,000.00 per model home for a total amount of Nine Thousand and 00/100 Dollars (S 9,000.00) evidenced by cash or a Certificate of Deposit made payable to the City of Fresno. This deposit may be used by the City to defray all or part of the costs and expenses of removal with any balance to be returned to the Owner/Developer. 5. Any costs and expenses of removal exceeding the above stated amount of security, which are stated in writing with a description of the Subject Property by an officer of the City, and recorded in the County Recorder's office, shall be a lien on the Subject Property and appurtenances running in favor of the City of Fresno. 6. The obligations of the Owner/Developer provided in this Agreement are joint and several. 7. This Agreement shall in no way whatsoever be construed as the granting by the City of any rights to the Owner:'Developer to trespass upon land rightfully in the possession of. or owned by, another, whether such land be privately or publicly owned. 8. The Owner,'Developer has remitted water and sewer connection charges for the 9 proposed parcels due as a condition of approval of this Agreement as follows: Agreement for Early Issuance of Building Permit Parcel Map No. 95-08 PW File: 5494 Page 5 a. SEWER CONNECTION CHARGES Lateral Charge (E Dwight Way frontage) 252 if @ $5/lf $ 1,260.00 Oversize Charge 1.72 net acres @ $310/nac 533.20 Major Facilities Sewer Fee 9 units @ $200/unit $ 1,800.00 Wastewater Facilities Charge 9 units @ $2,060/unit $ 18,540.00 Sub-Total Sewer Connection Charges $ 22,133.20 b. WATER CONNECTION CHARGES Frontage Charge (E Dwight Way frontage) 252 if @ $3.25/lf $ 819.00 Transmission Grid Main Charge 1.72 net acres @ $700/nac $ 1,204.00 Fire Hydrant Charge 60,723 sf @ $0.75/100sf $ 455.42 Service Connection Charge Installation by developer with main extension in S Ninth St Meter Charge 9-1" meters @ $320/each $ 2,880.00 Construction water charge 9 Lots @ $1.25/lot $ 11.25 Sub-Total Water Connection Charges $ 5,369.67 TOTAL WATER & SEWER CONNECTION CHARGES $ 27,502.87 Agreement for Early Issuance of Building Permit Parcel Map No. 95-08 PW File: 5494 Page 6 9. No vested rights or entitlements are conferred by the issuance of this early construction permit or by acceptance of any improvements constructed thereunder. 10. Owner/Developer agrees to indemnify, defend, and hold the City, its officers, employees, and agents harmless from any claims, damages, liabilities or costs whatsoever arising out of the performance of this agreement. • r Agreement for Early Issuance of Building Permit Parcel Map No. 95-08 PW File: 5494 Page 7 11. The foregoing shall burden the Subject Property described and constitute a covenant running with the land in favor of and for the benefit of the City of Fresno and its property: be enforceable by the City by any legal or equitable means; and shall be binding upon the successor, assigns, transferees, and heirs of Owner. Upon recordation of Final Parcel Map No. 95-08, this covenant shall be of no further force and effect and the foregoing deposit, less any applicable handling charges, shall be returned to the Owner/Developer. DATED: IM k CITY OF FRESNO, OWNERIDEVELOPER a Municipal Corporation STORYBOOK HOMES, LLC 2170 N Wine& Ave Fresno, CIA By A in P. Solis, Director Development Department By: H el APPROVED AS TO FORM: B HILDA CANTU MONTOY Daniel Hamel City Attorney (Attach Notary Acknowledgment) By Deputy APN: 471-272-6 & 7 TP%19508.DOC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of-Cc I i-6rjv;q OPTIONAL SECTION�■ ,r CAPACITY CLAIMED BY SIGNER County of Y'P$N d Though statute does not require she rotary to y fill in the data below,doing so may prove .. invaluable to persons relying on the document. Y. On 4 before me, M6210AJA k0itNDN I14 ❑ INDIVIDUAL /IfATE NAME,TITLE OF 09FICER-E.G.,-JANE71DOIE,NOTARY ❑CORPORATE OFFICER(S) personally appeared and Tom G ^6 NAMES)OF SIGNERS) TME(S) i personally known to me-OR- PARTNER(S) LIMITED proved to me on the basis of satisfactory evidence ❑ ❑ to be the person(s) whose name(s) is/are ❑GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT Y- knowledged to me that he/she/they executed ❑TRUSTEE(S) J U Deanna Kay Sabin the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR Comm s,tCAAJ ca acit les , and that b his/her/their Q -� TARY PUBLIC cAu � P Y(� ) Y ,.OTHER: �11�45 2 Comm 0 1 signatures) on the instrument the person(s), LLQ or the entity upon behalf of which the person(s)acted, executed the instrument. SIGNER IS REPRESENTING: WITNESS my hand and o - seal. NAME of PERSONS)oa ErmTM(Es' Y SIGNATURE NOTARY OPTIONAL SECTIO THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT T35tMN t7Vi THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT G� Though the data requested here is not required by law, it could prevent fraudulent reattachment of this forrn. SIGNER(S)OTHER THAN NAMED ABOVE ®1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park CA 91309-7184 Agreement for Early Issuance of Building Permit Parcel Map No. 95-08 PW File: 5494 Page 8 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On .1,,na 24trh , 1996, before me, .7nnalyna rnPrpt personally appeared Alvin P. Solis , D i r e c tpersonally known tome (or provided tome on the basis of satisfactory evidence) to be the persons(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(s) the person(s), or the entity upon behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK B J / Y DtP UT Agreement for Early Issuance of Building Permit Parcel Map No. 95-08 PW File: 5494 Page 9 SUBORDINATION The undersigned, as holder of the beneficial interest in and under that certain Deed of Trust recorded on , 19_, in the office of the Fresno County Recorder in Book , Page Document No. of which the Deed of Trust in by and between as Trustor, , as Trustee, and , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Agreement (For Early Issuance of Building Permit) for Tentative Parcel Map No. 95-08. DATED: , 19 (Attach Notary Acknowledgement)