HomeMy WebLinkAboutT-4209 - Agreement/Covenant - 7/7/2006 RECORDED IN OFFICIAL RECORDS OF
FR�SNP COUNTY,CALIF
AT MIN PAST VIP M
92042559 APR 12 1991
IY:LL IAM C.GREENVYOOD FEE
Ceunty Recorder S
PLEASE CC NFO M
-------------------ABOVE SPACE FOR RECORDER'S USE-------------------
Willowood Estates No. 2 Development Department
Lots 25, 26 , and 27) City of Fresno
P.W. File No. 9057
APN: 463-040-12 and 26
Address : 4992 , 4982 , and 4972 East Huntington 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 Richard Deveau, a married man as his sole and
separate property, hereafter ( "Owner") and ( "Developer") .
RECITALS
A. Owner owns real property situated in the City of Fresno,
County of Fresno, described in Exhibit "A" attached and incorporated
by reference, which is generally located at the south side of
East Huntington Avenue between East Tulare Avenue and
East Kings Canyon Road on the west side of South Willow Avenue; 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
Tract No. 4209, Willowood Estates No. 2
Page 2
D. The Owner/Developer intends to construct a residential
development on said property; and
E. The Owner/Developer has filed and the City has approved
Vesting Tentative Tract Map No. 4209 and Owner/Developer has filed a
final tract map of Tract No. 4209; and
F. Owner/Developer has filed and the Planning Commission has
approved a Conditional Use Permit for a Planned Unit Development; and
G. Owner/Developer has filed building plans and has requested
that the City issue building permits for model homes on said
property (Lots 25 , 26 and 27 at addresses 4992, 4982 , and
4972 East Huntington Avenue respectively) ; and
H. 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.
I . The Owner/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 .
J. Owner/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
Agreement
Tract No. 4209 , Willowood Estates No. 2
Page 3
K. It is extremely important to the Owner and the Developer
that the building permits be issued as soon as possible; and
L. The action on the Final Tract Map No. 4209 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 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 property any improvements or construction placed or
constructed pursuant to said building permits issued for model
homes; and Owner and Developer shall restore said 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 property and accomplish such removal
and restore said 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
Agreement
Tract No. 4209 , Willowood Estates No. 2
Page 4
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 deliver to the City of Fresno the sum of $1, 000 . 00 per model
home for a total amount of $3 , 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 . After the action by the City approving the final
tract map has become final , the deposit will 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 said property by an officer of the City, and recorded in the
County Recorder ' s Office, shall be a lien on said 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/Developer to
trespass upon land rightfully in the possession of, or owned by,
another, whether such land be privately or publicly owned.
` 1
Agreement
Tract No. 4209 , Willowood Estates No . 2
Page 5
8 . The Owner/Developer has remitted those development fees due
as a condition of approval of this Agreement as follows :
Major Facilities Fees
3 @ $400/unit $1, 200 . 00
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 .
11 . The foregoing shall burden the 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 is
finalized, the foregoing deposit shall be returned to the
Owner/Developer and this covenant shall be of no further force and
effect .
Agreement
Tract No . 4209 ,
Page 6
DATED:
CITY OF FRESNO, OWNER/DEVELOPER
a Municipal Corporation
RICHARD DEVEAU, a married man
as his sole and separate
property el
By
By ch rd Deveau
Alvin P. Solis, Director
Development Department
APPROVED AS TO FORM:
HARVEY WALLACE
City Attorney
ByL/ t
Deputy
(Attach Notary Acknowledgment)
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STATE OF CALIFORNIA }SS
COUNTY OF FRESNO
ON -------------APRIL 4TH.----------•- ----------- -------- -------- --------, 19-91, before me, the
undersigned,a Notary Public in and for said County and State,personally appeared
RICHARD DEVEAU
----------- --------•-------- ------------- -------- ------ ---------------•-------- -------------------------------------------
-------------------1-.
NOTARY Pl!`:L'�' ��
proved to me on the basis of satisfactory evidence to be the person....__whose name
t�, a..:;., • GR�Si','1 fQUNi'r. (;J'•.ict;' �' ��
- , IS subscribed to this instrument, and acknowledged to me that
......he......executed it.
Notary's Signature---- -------------��--`---�-`-------•-•--•----------------------1---------
GENERAL ACKNOWLEDGMENT
Form No.16 Rev.7.82
t
Agreement
Tract No . 4209, Willowood Estates No . 2
Page 7
CLERK' S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss .
CITY OF FRESNO )
On t day of , in the year l`iy l before
me —� personally appeared
490�v Lp CF -2ziy personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person
who executed this instrument as Director of the
Development Department and acknowledged to me that the City of Fresno
executed it .
JACQUELINE L. RYLE
City Clerk
By
�
Deputy
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EXHIBIT "A"
The Subject Property referred to in this Agreement is situated in
the State of CALIFORNIA, County of Fresno,
City of FRESNO
and is described as follows :
PARCEL 1:
LOT 7 OF EASTERBY HEIGHTS, ACCORDING TO THE MAP THEREOF RECORDED
IN BOOK 7 PAGE 44 OF RECORD OF SURVEYS, RECORDS OF FRESNO COUNTY.
PARCEL 2 :
PARCEL A OF PARCEL MAP NO. 88-22, ACCORDING TO THE MAP THEREOF
RECORDED IN BOOK 49 , PAGE 22 OF PARCEL MAPS, FRESNO COUNTY RECORDS
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Tract No . 4209
P.W. File No . 9057, Willowood Estates No . 2
SUBORDINATION
The undersigned as holder of the beneficial interest in and under
that certain Deed of Trust recorded on MARCH 291 , 19 91 ,
in the office of the Fresno County Recorder in Book - N/A
Page N/A Document No . 91036623 of which the
Deed of Trust in by and between RICHARD DEVEAU, A MARRIED MAN AS HIS SOLE
AND SEPARATE PROPERTY
as Trustor, R=CY SERVICE CORPORATION as Trustee,
and REGENCY BANK as Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest
thereto to the foregoing Agreement (for Early Issuance of Building
'Dermit)--Tract No. 4209, Willowood Estates No . 2 .
STATE OF CALIFORNIA)
) ss.
COUNTY OF FRESNO )
i
On this day of C4a (': 19�L, before me,
Helen Nazaroff, a Notary Publ�—in and for the State of California,
residing therein, duly commissioned and sworn, personally appeared,
Steven F. Hertel and Barbara K. Hix.
Personally known to me to be the President/CEO and Secretary,
respectively, of REGENCY BANK, a California Banking Corporation
described in and that executed the within instrument, and also
known to me or proven to me on the basis of satisfactory evidence
to be the person (s) who executed it_ on behalf of REGENCY BANK, a
California Banking Corporation and acknowledged to me that such
Banking Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
OFFICIAL SEAL
HEIfN NOROFF
f"VArroTW F"J"•CALWOu
`� FBEsno C$GUNTr
Helen Nazaroff, ary lic Mj°�"''E'D``�""''"''
My Commission Expires August 17, 1992.
LAND120/+1866
Tract No . 4209
P.W. File No. 9057, Willowood Estates No . 2
SUBORDINATION
The undersigned as holder of the beneficial interest in and under
that certain Deed of Trust recorded on MARfT29, 19 91 ,
in the office of the Fresno County Recorder in Book N/P,
Page N/A Document No. 91036623 of which the
Deed of Trust in by and between RICHARD DEVEAU, A MARRIED NDN AS HIS SOLE
AND SEPARATE PROPERTY
as Trustor, REGEL= SERVICE CORPORATION as Trustee,
and REGENCY BANK 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. 4209, Willowood Estates No . 2 .
DATED: April 4 1991
RE CY
(Attach Notary Acknowledgement)
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