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Home My WebLink AboutT-4212 - Agreement/Covenant - 7/7/2006 .. � RECORDED IN C`FFiCiAI.RECORDS Of 92130097 U ' FRESN LINTY, CALIF ReruRNTO qT MIN. PAST LM CITY OF FRESNO . DEVELOPMENT DEPARTMENT AUG 2 61992 2600 Fano Stroll FRESNO CA 93721.3604 lY!LLIAM C.GREENWOOD F-FEF County Recorder g PLEASE CONFORM --------ABOVE SPACE FOR RECORDER'S USE------------------- 4'1r,41Ct.A;0-' 4212 Development Department A�. File No . 9086 City of Fresno APN: 403-40-17 Lots : 93 , 94 and 95 Addresses : 2266, 2276, 2288 East Trenton Avenue, respectively 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 CENTEX REAL ESTATE CORPORATION, a Nevada Corporation hereafter "Owner" and "Developer" . RECITALS A. Owner owns real property situated in the City of Fresno, County of Fresno, State of Californl�a,,mhereinafter referred to as "the Subject Property" and more particularly described in Exhibit "A" attached and incorporated by reference, which is generally located at the north side of East Teague Avenue between North Maple and North Chestnut Avenues; and B. The Owner hereby warrants that any and all parties having record title interest in the Subject Property which may -n pen 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 . 4212 Page 2 D. The Owner/Developer intends to construct a residential development on Subject Property; and E. The Owner/Developer has filed and the City has approved Tentative Tract Map No . 4212 and Owner anticipates filing a final tract map in the near future; and F. Owner/Developer has filed building plans and has requested that the City issue building permits for model homes on Subject Property (Lots : 93, 94 and 95 at addresses : 2266, 2276, 2288 East Trenton 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/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/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 Tract No . 4212 Page 3 K. The action on the Final Tract Map No . 4212 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 Subject Property for any reason within one hundred twenty ( 120) days of the execution- of this Agreement, then the Owner 44. - and Developer shall, within ten ( 10) days after written notice from the Director of the Development Department of the City of Fresno, remove from Subject Property any improvements or construction placed or constructed pursuant to said building permits issued for model homes; and Owner and Developer shall restore 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 Subject Property and accomplish such removal and restore 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 Tract No . 4212 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/Developer shall deliver to the City of Fresno the sum of $1, 000 per model home for a total amount of $3, 000 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 Subject Property by an officer of the City, and recorded in the County Recorder ' s Office, shall be a lien on 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/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 those development fees due as a condition of approval of this Agreement as follows : Major Facilities Fees 3 @ $400/unit $1, 200 . 00 Agreement Tract No . 4212 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/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 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 Agreement Tract No . 4212 Page 6 finalized, the foregoing deposit shall be returned to the Owner/Developer and this covenant shall be of no further force and effect . DATED: G} � 2— CITY CITY OF FRESNO, OWNER/DEVELOPER a Municipal Corporation CENTEX Real Estate Corporation a Nevada Corporation By /Z Aff in P . Solisirectr Development De Vrtment APPROVED AS TO FORM: HARVEY WALLACE By: City Attorney Ron L . Peterson Vice President By Deputy By: _ G . Gayon Hull, S cretary LL-PURPOSE ACKNOWLEDGMENT i State of nu &Y r0-C1. CAPACITY CLAIMED BY SIGNER County of �LL� C�r2i ❑ INDIVIDUAL(S) ¢� CORPORATE �Q On -- before me, it',– 1L-1017, V-L J LL b I'C OFFICER} rc r DATE .TITLE OF OFFICER TITLE(S) ❑ PARTNER(S) personally appearedROn �. �Q rS C►'1 c�- &I(,��p�IU► k6,-! ❑ ATTORNEY-IN-FACT NAME(5)OF SIGNER(S) ❑ TRUSTEE(S) [.personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and ac- ❑ GUARDIAN/CONSERVATOR knowledged to me that he/she/they executed ❑ OTHER: OFFICIALLYDIAIFYSEJLL. the same in f ref/their authorized D1A GIFT Notary Public—CM"Grrra capacity(ies), and that by #i&AT& /their c mm COUNTYu t signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) acted, executed the instrument. Witness my hand and official seal. r SIGNATURE OF i4CITARY I � Agreement Tract No . 4212 Page 7 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this a5i'h day of in the year /442- before me -� personally appeared personally known to me (or proved to me on the ffasis of satisfagtory 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 e �, Deputy MB:nfm:crm:LAND293/+4674 GL2 L10 07/31/92 EXHIBIT "A" TRACT 4212 LEGAL DESCRIPTION LOT 11 OF GARFIELD PARK COLONY, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 2 PAGE 66 OF RECORD OF SURVEYS, FRESNO COUNTY RECORDS. WB:crm LAND293/+4674