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Home My WebLink AboutPM 1998-18 - Agreement/Covenant - 8/11/2006 A CONFORMCOPY '.: J ; 1 1999 g06Zg 10��3I1ggg1ggg01 r: ' A.P.N.: 403-021-20 AGREEME T FOR EARLY ISSUANCE OF BUILDING PERMIT City of DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3604 (559) 498-1591 Tentative Map Parcel Map No. 98-18 THIS AGREEMENT is made this_ l day of �'C� 'l t 4 19C, by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter designated and called the "City," and Image Homes, Inc., a California corporation, 997 E. Wimbledon Ave. Fresno, CA 93720, hereinafter designated and called the ("Owner") and ("Developer"), without regard for number or gender. Agreement for Early Issuance of Building Permit Tentative Map for Parcel Map No. 98-18 Page 2 RECITALS A. Owner 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 in Exhibit "A" attached hereto and incorporated herein by reference, as if set forth herewith in full. B. The Owner 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. C. All such instruments of Subordination, if any, are attached hereto and made apart of this instrument. D. The Owner intends to construct a residential development on said Subject Property. E. The Owner has filed and the City has approved the Tentative Map for Parcel Map No. 98-18 and Owner anticipates filing the Parcel Map in the near future. F. Owner has filed building plans and has requested that the City issue building permits for model homes on said Subject Property at locations which correspond to Parcels D, E and F inclusive of said Tentative Map, and addresses: 8812, 8824, and 8836 North Tenth Street, respectively. G. 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 permit or by the acceptance of such construction upon inspection. H. The Owner acknowledges that such improvements will be accepted by the City only if they comply with all applicable City standards, codes,and ordinances,provided, in no case shall acceptance of such improvements be complete until approval of the Parcel Map by the Director of the Development Department. I. Owner understands and acknowledges that the improvements described herein shall Agreement for Early Issuance of Building Permit Tentative Map for Parcel Map No. 98-18 Page 3 be subject to acceptance or rejection by the City upon inspection thereof, and upon the terms and conditions contained herein. J. It is extremely important to the Owner that the building permits be issued as soon as possible. K. The approval of Parcel Map No. 98-18 by the Director of the Development Department is not expected to be finalized for up to one hundred twenty (120) days. AGREEMENT In consideration of the foregoing, the issuance of said permits and the promises and covenants herein contained, the undersigned agree: 1. Should the Director of the Development Department fail to approve the Parcel Map for 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 any improvements or construction placed or constructed pursuant to said building permits issued for model homes and Owner shall restore the Subject Property to its prior condition. 2. Should the Owner 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 hereof, the Owner 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 Agreement for Early Issuance of Building Permit Tentative Map for Parcel Map No. 98-18 Page 4 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 shall deliver to the City of Fresno the sum of$1,000.00 per model home for a total amount of Three Thousand and 00/100 Dollars ($ 3,000.00) in 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. 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 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 to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned. 8. The Owner has remitted those development fees due as a condition of approval of this Agreement as follows: Wastewater Facilities Charge 3 Lots @ $ 2,119.00/1-ot $ 6,357.00 Service Connection Charges - Water Meters per Lot 2 - 1"Meters @ $320.00/each $ 640.00 1 - 1.5" Meters @ $470.00/each $ 470.00 Total Fees and Charges Due with this agreement $ 7,467.00 Agreement for Early Issuance of Building Permit Tentative Map for Parcel Map No. 98-18 Page 5 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 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. Agreement for Early Issuance of Building Permit Tentative Map for Parcel Map No. 98-18 Page 6 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. In the event that the action by the City approving Parcel Map No. 98-18 is finalized, and said Parcel Map is recorded, the foregoing deposit shall be returned to the Owner and this covenant shall be of no further force and effect. DATED: (� CITY OF FRESNO, OWNER a Municipal Corporation Image Homes, Inc., a California corporation \I � By By: /7 Alvin P. So s, Director Kirk art, Ch ' an of t e Board/Chief Development Department Executive Offic i� By: �% �� APPROVED AS TO FORM: 9�in Mulligan resident Secretary HILDA CANTO MONTOY City Attorney (Attach Notary Acknowledgment) By De y c:\uiyfiles\wordperfect\uiodelhomeagree\pm98-l8 September 30,1999 Agreement for Early Issuance of Building Permit Tentative Map for Parcel Map No. 98-18 Page 7 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On October 8th 1999, before me, Jocelyn Gueret, Deputy personally appeared Alvin P_ Solis , Di rector of Devel o=ment Department personally known to me (or provided to me 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 By 4PUTY EXHIBIT "A" THE LAND REFERRED TO IN THIS AGREEMENT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF FRESNO, CITY OF FRESNO AND IS DESCRIBED AS FOLLOWS: That portion of Lot 38 of Perrin Colony No. 2, in the City of Fresno, County of Fresno, State of California according to the amended map thereof recorded in Book 4 Page 68 of Plats, Fresno County Records, which lies within the boundaries of the East 15 acres of the South half of the Northeast quarter of the Northwest quarter of Section 26,Township 12 South, Range 20 East,Mount Diablo Base and Meridian, according to the Official Plat thereof. Excepting therefrom the East half of said Lot 38. Also excepting therefrom the South 396 feet of said Lot 38. EXHIBIT "A" Agreement for Early Issuance of Building Permits for PM 98-18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On October 4, 1999 before me, Lesa Walzberg,Notary Public DATE NAME,TITLE OF OFFICER' personally appeared Kirk R. Stewart and Kevin Mulligan NAME(S)OF SIGNER(S) 0 Personally known to me OR ❑ 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 acknowledge 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 o which the person(s) acted, executed the instrument. P r LSSA w WITNESS my hand and official seal 40r tau qd � v CIs A OFFICE NO IN 2) A paa n/7 °^iFoaN`� MY CMWWW EV.Mar.'27'2000 SIGNATURE OF= Y OPTIONAL Though the data below is not required by Iaw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNED DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) DATE OF DOCUMENT ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER(S)OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: