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Home My WebLink AboutT-3542 - Agreement/Covenant - 7/3/2006 a 93047550 1 1 FRESNO=iiiri%;.;A !FO. I ?_�--m4l PAST ZIE W APR ^ 511993 r C.GPEENW030 FEE PLEASE CONFORM -------------------ABOVE SPACE FOR RECORDER'S USE------------------- 'h°i�t No. 3542, Lots : 4 , 5, 6, 7 & 8 Development Department i ' W. File No . 9493 City of Fresno APN: 481-080-12, 38 & 40 Addresses : 4865 , 4860, 4866, 4872 and 4878 East Edna Avenue A G R E E M E N T (For Early Issuance of Building Permit) THIS AGREEMENT is made by and between the CITY OF FRESNO, hereafter "City" and JOAQUIN VALLEY ESTATES CORPORATION, a California Corporation, hereafter ( "Owner") and ( "Developer") . 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 and incorporated by reference, which is generally located on the south side of East Church Avenue between South Chestnut and South Willow Avenues; and 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 ; and C. All such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and Agreement/Early Issuance of Building Permit Tract No . 3542/UGM 403 Page 2 D. The Owner and the Developer intends to construct a residential development on said Subject Property; and E. The Owner/Developer has filed and the City has approved Tentative Tract Map No . 3542 and Owner anticipates filing a final tract map in the near future; and F . Owner and the Developer has filed building plans and has requested that the City issue building permits for model homes on said Subject Property (Lots : 4 , 5 , 6 , 7 and 8 at addresses : 4865, 4860, 4866, 4872 and 4878 East Edna Avenue respectively) ; and 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 and the Developer 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 final map by the Fresno City Council . I . Owner and the Developer understands and acknowledges that the improvements described herein shall 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 and the Developer that the building permits be issued as soon as possible; and Agreement/Early Issuance of Building Permit Tract No . 3542/UGM 403 Page 3 K. The action on the Final Tract Map No. 3542 by the Council of the City of Fresno is not expected to be finalized for up to one hundred twenty (120) days . In consideration of the foregoing, the issuance of said permits and the promises and covenants herein contained, the undersigned agree : 1 . Should the City of Fresno fail to approve the final tract map for the described Subject Property for any reason within one hundred twenty (120) days of the execution of this Agreement, then the Owner and Developer shall , within ten ( 10) days after written notice from the Director of the Development Department of the City of Fresno, remove from said Subject Property any improvements or construction placed or constructed pursuant to said building permits issued for model homes ; and Owner and Developer shall restore said Subject Property to its prior condition. 2 . Should the Owner and 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 said Subject Property and accomplish such removal and restore said Subject Property to its prior condition. 3 . Should the City of Fresno cause such removal under the provisions of Paragraph 2 hereof , the Owner and Developer shall hold harmless and defend the City, its officers , employees and agents from any claims , lawsuits , costs , liability, damages or expenses , Agreement/Early Issuance of Building Permit Tract No . 3542/UGM 403 Page 4 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 and the Developer shall deliver to the City of Fresno the sum of $1, 000. 00 per model home for a total amount of $5 , 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 and the Developer . After the action by the City approving the final tract map has become final , the deposit will be returned to the Owner and the Developer . 5 . Any costs and expenses of removal exceeding the above stated amount of security, which are stated in writing with a description of said Subject Property by an officer of the City, and recorded in the County Recorder ' s Office, shall be a lien on said Subject Property and appurtenances running in favor of the City of Fresno . 6 . The obligations of the Owner and the 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 and the Developer to trespass upon land rightfully in the possession of , or owned by, another , whether such land be privately or publicly owned. Agreement/Early Issuance of Building Permit Tract No . 3542/UGM 403 Page 5 8 . The Owner and the Developer has remitted those development fees due as a condition of approval of this Agreement as follows : Major Facilities Fees 5 @ $400/unit $2 , 000 . 00 4 . No vested rights or entitlements are conferred by the issuance of this early construction permit or by acceptance of any improvements constructed thereunder . 10 . Owner and the Developer agrees to indemnify, defend, and hold the City, its officers, employees, and agents harmless from any claims, damages, liabilities or costs whatsoever arising out of the performance of this agreement . 11 . The foregoing shall burden the Subject Property described and constitute a covenant running with the land in favor of and for the benefit of the City of Fresno and its property: be enforceable by the City by any legal or equitable means ; and shall be binding upon the successor , assigns, transferees, and heirs of Owner . In the event that the action by the City approving the final tract map Agreement/Early Issuance of Building Permit Tract No . 3542/UGM 403 Page 6 is finalized, the foregoing deposit shall be returned to the Owner/Developer and this covenant shall be of no further force and effect . DATED: 11 z /9 9 3 CITY OF FRESNO, OWNER/DEVELOPER a Municipal Cooration JOAQUIN VALLEY ESTATES CORPORATION, a California By Corporation Alvi Solis, Director Development Department L"'o, APPROVED AS TO FORM: Le net A varPresident JAMES P. LOUGH City Attorney j By L Depu y (Attach Notary Acknowledgment) Agreement/Early Issuance of Building Permit Tract No . 3542/UGM 403 Page 7 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On Lir:. L4 .5 , 1993 , before me, t- personally appeared Cit- t ,-- Lac . �. -rrz personally known to me (or provided to me on the� basi's of satisfactory evidence) to be the persons (,$) whose name( is/aFe subscribed to the within instrument and acknowledged to me that he/s#a ey executed the same in his/harAt4t:yrs`--- authorized capacity (4-e'r) , and that by his/hQ-=A%heir- signature(flO on the instrument($) the person(je) , or the entity upon behalf of the CITY OF FRESNO of which the person(,d) acted, executed the instrument . WITNESS my hand and official seal . JACQUELINE L . RYLE, CMC CITY CLERK By C �zt4-- 'J _( T1L m-.rvr t7 ALL-PURPOSE ACKNOWLEDGMENT Na 5179 State of /� "'�?� i �.=' _ CAPACITY CLAIMED BY SIGNER County of INDIVIDUAL CORPORATE On before before me, C � .'.� `�� IJ l � �� OFFICER(S) DATE NAME.TITLE OF OFFICER•5.41,'JAAE DOE.NOTARY PUBLIC TITLE(S) i �a*, �I 1� ,\)"� �(% ❑ PARTNERS) ❑ LIMITED Rp- personally appeared - f\ ` /"` ❑ GENERAL • NAMEIG S)OF SNERS) - ' N-FACT I ❑ ATTORNEY personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence ❑ TRUSTEE(S) to be the person(s) whose name(s) is/are subscribed to the within instrument and ❑ GUARDIANICONSERVATOR acknowledged to me that he/she/they ❑ OTHER: executed the same in his/her/their authorized capacity(ies), and that by J �` ~�� t ►�� '0 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) which the person(s) acted, executed the -CSinstrument. Witnessl my hand and officia seal. SIGNATURE OF NOTARY ATTENTION NOTARY:Although the information requested below Is OPTIONAL,it quid prevent fraudulent attachment of this cert to an unauthaaed dowff"L n.� i" Fir C�C�•J ?y�.�laQ�.: THIS CERTIFICATE Title or Type of Document Arnro 6 ny f 1: r�L ,-,. , �.r. - .• rnN V MUST BE ATTACHED Number of Pages `�Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other than Named Above r EXHIBIT "A" LEGAL DESCRIPTION Parcel 1 of Parcel Map No . 5676 , according to the map thereof recorded in Book 37 of Parcel Maps at Page 30, Fresno County Records . Parcel 3 of Parcel Map No . 5675 , according to the map thereof recorded in Book 37 of Parcel Maps at Page 29 , Fresno County Records . TOGETHER with that portion of Lot 23 of Newhall Tract , according to the map thereof recorded in Book 2 , Page 42 of record of surveys, Fresno County Records , described as follows : BEGINNING at the northeast corner of said Lot 23 , said corner being on a line 20 . 00 feet west of and parallel with the east line of the southwest quarter of Section 18 , Township 14 South, Range 21 East, M.D.B . &M. ; thence South 86' 44" 11" West, along the north line of said Lot 23 , a distance of 790 . 26 feet ; thence South 03' 15 ' 49" East , a distance of 70 . 39 feet; thence North 86' 44 ' 11" East, parallel with and 70 . 39 feet south of the north line of said Lot 23 , a distance of 786 . 94 feet to the east line of said Lot 23 ; thence North 00' 33 ' 48" West , along said east line, a distance of 70 . 47 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM that portion of Parcel 1 of Parcel Map No . 5676 , according to the map thereof recorded in Book 37 of parcel maps at page 30, Fresno County Records , described as follows : BEGINNING at the southwest corner of said Parcel 1; thence North 000 09 ' 57" West , along the west line of said Parcel 1 , a distance of 660 . 19 feet ; thence South 030 16 ' 23" East, a distance of 659 . 22 feet to a point on the south line of said Parcel 1; thence South 860 43 ' 37" West, along said south line, a distance of 35 . 79 feet to the POINT OF BEGINNING . MB:LR: nfm: crm LAND345/+5407 v Tract No . 3542 P.W. File No . 9493 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on >n= 19 19.93__, in the office of the Fresno County Recorder in Book Page Document No . of which the Deed of Trust in, by and between I=Tin Valles FctatPc cr-,r= c3tjM_ a QA1jf ,ia n.p... as Trustor, Calif main oral Mnrtg= cpnri, Trr__Y a c,Al;fnm;A C=pmatkn Trustee, and �,1i,t;m Miict Cbtp3zt;r_ a crra=irn a=j7Fri ** , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Agreement (For Early Issuance of Building Permit) - Tract No. 3542 . DATED: Marrin 24 19 93 Fli t;cn Matt Gzrp u at;cn, as Carservatcr of Great Amrican Fbderal Mits Swkigs Asso=ia�, a federal m&ml **ard OaSt_3� U-d= the la*s Of the Uuted States Of A mmm, solely in its city as mcg Of Creat by: ArerijCM Federal M1t181 Savirrfi les . T'hi'n, Credit Sctecdalist Pesodatim, a feJaral modal savings assoaiatim STATE OF CALIFORNIA COUNTY OF _SAn DJPQ0 } S.S. W LU 8 On March 24, 1993 before me. Y Renee M. Lawson rj it Notary Public in and for said County and State,personally appeared FOR NOTARY SEAL OR STAMP Charles C Mann r_ Credit Srlecialict 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 acknowledged to me that helshe/they executed OF,IC!kL NOTARY SEAL the same in his/her/their authorized capacitKms).and that by hismer/their attic_M. LAWSON signature(s)on the instrument the person(s),or the entity upon behalf Pe - No=y FuNic_California of which the person(s)acted, executed the instrument. I - SAN DIEGO COUNTY My Comm.Expires JUL 04,1994 WITNESS my hand and official seal Signature F2492(5-91) M. Lawson