HomeMy WebLinkAboutT-3627 - Agreement/Covenant - 6/21/2006 P. W. File No. 8068 Public Works Departmenl
Tract No. 3627 City of Fresno
AGREEMENT
WATER WELL SITE
THIS AGREEMENT is made this 4 A day of 1985 , t
and between the City of Fresno. a Municipal Corporation, hereinafter
designated and called the "City, " and GRUPE DEVELOPMENT COMPANY-NORTHERN
CALIFORNIA. A California Corporation, hereinafter designated and called
the "Grupe. "
RECITALS
A. Grupe has presented to the City a certain final map of a
proposed subdivision of land located within the corporate limits of the
City and known and described as Tract No . 3627. Woodward Lake, and has
requested that the City approve said map in order that the same may be
recorded. as required by law.
B. One of the requirements imposed by the City as a condition of
final map approval is the provision by Grupe of a water well site and
connecting transmission grid main.
AGREEMENT
In consideration of approval for filing and recording as provided ar
required by law. it is mutually agreed and understood by and between
Grupe and the City do hereby mutually agree as follows :
1. Grupe shall provide a water well site and its respective
transmission grid main connection to the Champlain Drive transmission
grid main as shown on Exhibit "A" attached hereto and made a part hereo:
by reference, subject to revision by the City.
2 . Final selection of a well site shall be approved by the City a.
will be based on the results of test borings to be made by the City.
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3 . Grupe shall prepare and submit to the City for acceptance a
Grant Deed for said final selected well site, or provide all moneys
necessary for the acquisition thereof by City in the event Grupe is
unable to acquire same. Such moneys shall be deposited on demand by the
City.
4 . Revised construction plans shall be prepared by Grupe indicatir
the final selected well site and the consequent transmission grid main
required to connect the final selected well site .
5 . The parties acknowledge and make reference to the security whic
Grupe has posted with the City in connection with Grupe ' s Woodward Lake
project . Grupe and City agree that such security shall be deemed
security for the faithfull performance by Grupe of this Agreement , in
addition to those purposes, and each of them, for which it is currently
specified .
6 . Time is of the essence of this Agreement , and the same shall
bind and inure to the benefit of the parties hereto , their successors an
assigns .
7. No assignment of this Agreement or of any duty or obligation of
performance hereunder shall be made in whole or in part by the Subdivide
without the written consent of City.
The parties have executed this Agreement on the day and year first
above written.
CITY OF FRESNO, GRUPE DEVELOPMENT COMPANY -
a Municipal Corporation NORTHERN CALIFORNIA,
A California Corporation,
JAMES L. MARTI formerly Grupe Communities Inc . ,
PUBLI KS/► RECTO A Cal ' orn Corporation
W C-eAlrsa , Vice-President
ATTEST:
JACQUELINE L. RYLE I
Cit Clerk
By (n c e./�c 2 �
Deputy
APPROVED AS TO FORM:
JAMES A. McKELVEY
City Attorney
By (Attach Notary Acknowledgment)
GSA:dr
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STATE OF CALIF( i'NIA ;ss.
COUNT'r F ► ((.�i n �� I
On _�q"�CK---_ �---/ • �✓ __ before me,the undersigned,a Notary Public in and for
said State,personally appeared—-ersonall a William C. JirSa
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personally known to me(or proved to me on the
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a c b—is of satisfactnry ev drsr,(.e)to be the personXwho executed the within instrument as -
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a Vice
Lk E _ -- Presiden (_ __ _._.__._ ,on behalf of_ Grupe Development
CI ; COUPan -Northern Cal�fox'n
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o the ccrporahco therein named,and acknowled(;ed to me that
o :,uch cu,poration execui i i w w tr; , , ant pursuant to its .I :';` y NOTARY r U'3LfC CRLIFOIRINI�, °
b;-lawn;or a n,soiuii)n of boata.,t i,,f��tors. A a •� - FPESi�tO COUNTY
My Comm. t.aires April 11, 1966
w YvITNLSS my hand and ofhc al seal.
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Siqnatut, _ _ __ __ - .__ (This area for official notarial seal)
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