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Home My WebLink AboutT-4273 - Agreement/Covenant - 7/7/2006 '3 :- • e REi:URCED.IN OF1iCWL RECORDS OF FI E.NO COUM�Ty, -ALIFOR 91031909 aT--L�_MIN PAST.-- MAR 19 1991 tM L M C.GREENWOOD FEE County Recorder PLEASE CONFORM ------------------- ABOVE SPACE FOR RECORDER'S USE-------------------- Tract No. 4273 (Lots 1, 2 & 3) Development Department: P.W. File No. 9206 City of Fresno APN: 305-054-01S Address: 2458, 2474 & 2490 West Atlanta 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 COLBURN R. THOMASON and VALDENE THOMASON, Husband and wife, JON C. THOMASON, a single man, and MICHAEL THOMASON, a single man, hereafter ("Owner"/"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 northwest corner of North Van Ness Avenue and West Herndon 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. 4273 Early Issuance of Building Permit 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 Tentative Tract Map No. 4273 and Owner/Developer has filed a final tract map of Tract No. 4273 for approval by the Fresno City Council; and F. Owner/Developer has filed building plans and has requested that the City issue building permits for model homes on said property (Lots 1, 2 and 3 at addresses 2458, 2474 and 2490 West Atlanta 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/Developer that the building permits be issued as soon as possible; and f Agreement/Tract No . 4273 Early Issuance of Building Permit Page 3 K. The action on the Final Tract Map No. 4273 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/Developer shall restore said property to its prior condition. 2 . Should the Owner/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/Developer 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 and expenses for legal services, on Agreement/Tract No . 4273 Early Issuance of Building Permit Page 4 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/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. Agreement/Tract No. 4273 Early Issuance of Building Permit 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. 4273 Early Issuance of Building Permit Page 6 DATED: 4 t!7z CITY OF FRESNO, OWNER/DEVELOPER a Municipal Corporation COLBURN R. THOMASON and VALDENE THOMASON, BY Husband and Wife Alvin P. Solis, Director Development Department r B , APPROVED AS TO FORM: olburn Thomaso HARVEY WALLACE City Attorney 1 By By .. Valdene Thomason L V Deputy JON C. THOMASON, a Single Man LR:mv LAND111/1725+ n C. Thomason ' MICHAEL THOMASON, a Single Man (individual) STATE OF CALIFORNIA By !►tAl�4,.G I� ��K• COUNT? OF T'RR4N(L �SS. Michael Thomason On MARCH 11. 1991 before me,the under- signed. a Notary Public In and for said State, personally appeared MT.RTTRN R_ THOMASON-- X HOMASON z Y / J • wpersonally known to me (er-9reved"1e smisfreturr evidence) to be the persorr(sl--- whose name is subscribed toF the within instrument and acknowledged that — -- ��y•., OFFICIAL SEAL RICHARD ROMtERO --- e:eeuted the e. NOTARY PUBLIC-CALIFORNIA WITNESS my nd and o lal seal. FRESNO COUNTY roa My Comm.Expires Oct.9. 1993 Signature RICHARD ROMO $TC ar Name (Typed or Printed) (This ores for of sol eoterist&eel) (Individual) STATE OF CALIFORNIA COUNTY OF _FRESNO ss. -------------- On--MARCH 11 1991 before me, the under. signed, a Notary Public In and for said Slate, personally appeared VALDENE THOMASON------- a ., w personally known to me (os yravadiawu-wr�yM 01&141 to bethe -- personts) whose nam�{� sabot( OFFICIAL S7]R the within Instrument and acknowledged that y ----- — executed the RICHARD ROM WITNESS my and and al seal. m NOTARY PUBUC•CA FRESNO COUN Signature r w My Comm.Expires Oc ~" RICHARD R MERO arc ar Name (Typed or Printed) (Th=r:. la for efkle1 notarial seal) (Individual) STATE OF CALIFORNIA COUNTY OF FRFSNn SS. On Md R04 1 1 ILgc slaved, a N°tart' Public in and for said State,before the urtder- personallall y appeared r personally known to me 4AL-Ple, ' » «si�s.+1 to be the person(y__.-- � b whose name _Tq OFFICIAL SEXL the within instrument and acknowledged that s o RICHARD ROMERO WITNESS m�—~—r executed the NOTARY"UC ROME ORpIIA and and of Ictal sea FRESNO COUNTY N� My Comm.Expires Oct.9, 1993 Signature RICHARD sTC v Name (Typed or Printed) _ (This area for official notarial Baal) (Individual) - - STATE OF CALIFORNIA COUNTY OF —VRVq to f SS- On MARCH 11 1991 before me, the under. signed, a Notary Public in and for said State, personally appeared MICHAM A ON V .� personally known to me (or prosced to ,�. �s.c. nf —ififi,,nsy -rv*rm-el to be the - . PersornY}_� whose name subscribed toE19 OFFICIAL SEAL the within in and acknowledged RICHARD ROMERO execute a same, NOTARY PUBLIC•CALIfORNV1WITNESS my and of ial al. FRESNO COUNTY My Comm.Expires Oct.9.1.993 Signature t RICHARD ROMERO STC 47 Name (Typed or Printed) (This area for official notarial seal) ,l 1 Agreement/Tract No. 4273 Early Issuance of Building Permit Page 7 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this day of in the year �. before me , personally appeared , 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 7- Deputy LR:mv LAND111/1725+ ,. r EXHIBIT "A" Tract No. 4273 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 : Lots 1278 and 1279 of BULLARD LANDS IRRIGATED SUBDIVISION NO. 8, in Section 36, Township 12 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, according to the map recorded in Book 8, Page 46 of lots records of said county. EXCEPTING THEREFROM an undivided 1/2 interest of all minerals, gas, oils, petroleum, naphtha and other hydrocarbon substances in, on or under said property, as heretofore reserved of . record. LR:mv LAND111/1725+