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Home My WebLink AboutT-4274 - Agreement/Covenant - 7/7/2006 92053219 rl CITY OF FRESNO DEVELOMM MW'RThIM RECORDED W MCIAL RECORDS OF + FRES N9t�t IN CAUFiD1 it r�FRESNOO CA"M- AT MIN PAST l k1 R APR 84 IM {� 1 WY W1WAM C.GREENWOOD FEE PLEASE CONFORM County Recorder 5 -------------------ABOVE SPACE FOR RECORDER'S USE------------------- Tract No. 4274 Lots: 35, 36, 37 & 38 Development Department P.W. File No. 9145 City of Fresno APN: 312-081-25 Addresses : 2247, 2237, 2229, & 2219 North Mitre 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 CAMBRIDGE HOMES, a California General Partnership, 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 West Weldon and North Blythe 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 D. The Owner/Developer intends to construct a residential development on said property; and Agreement Early Issuance of Building Permit Tract No. 4274 Page 2 E. The Owner/Developer has filed and the City has approved Tentative Tract Map No. 4274 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 said property (lots: 35, 36, 37 and 38, at addresses 2247, 2237, 2229 and 2219 North Mitre 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 K. The action on the Final Tract Map No. 4274 by the Council of the City of Fresno is not expected to be finalized for up to one hundred twenty (120) days. Agreement Early Issuance of Building Permit Tract No. 4274 Page 3 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 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. Agreement Early Issuance of Building Permit Tract No. 4274 Page 4 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 $4,000 .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. 8 . The Owner/Developer has remitted those development fees due as a condition of approval of this Agreement as follows : Major Facilities Fees 4 @ $400/unit $1, 600 .00 • Agreement Early Issuance of Building Permit Tract No. 4274 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 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 ----------------- ----------------- ---------------- --------------------- Agreement Early Issuance of Building Permit Tract No. 4274 Page 6 Owner/Developer and this covenant shall be of no further force and effect . DATED: Mpz CITY OF FRESNO, OWNER/DEVELOPER a Municipal Corpor ion By CAMBRIDGE HOMES, A California Alvin is, Director General Partnership Development Department CLOVES T CO PORATION, a California APPROVED AS TO FORM: Corpor as General Partner HARVEY WALLACE City Attorney y: D y C. Clemmensen, President B eputy By: Kidney B. C =Secretary CENTRAL PACIFIC BUILDERS, INC. , a Cal=teveLutton, porat ' n, as Genr By: President By: Boren, Secretary (Attach Notary Acknowledgment) Tract No. 4274 P.W. File No. 9145 EXHIBIT "A" That portion of the South 20.00 acres of the Northeast quarter of the Southwest quarter of Section 26, Township 13 South, Range 19 East, Diablo Base and Meridian, in the County of Fresno, State of California, according to the Official Plat thereof described as follows: BEGINNING at the Northeast corner of said 20. 00 acres; thence South 00' 01' 48" West along the East line of said Southwest quarter, a distance of 631. 17 feet; thence South 890 51' 23" West along a line parallel with and 30.00 feet North of the South line of said Northeast quarter of the Southwest quarter, a distance of 567. 59 feet; thence North 00' 00' 32" East, a distance of 531. 17 feet; thence North 89' 51' 25" East, a distance of 32 . 17 feet; thence North 00' 08 ' 35" West a distance of 100 .00 feet; thence North 89' 51' 25" East along the North line of said 20 . 00 acres, a distance 535. 92 feet to the POINT OF BEGINNING. MB:jld LAND253/+4058 GL2 L99a-b Tract No . 4274 P.W. File No. 9145 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 10, lg 92 in the office of the Fresno County Recorder in Book -- , Page -- Document No . 92016184 of which the Deed of Trust in, by and between Cambridge Homes, a California General Partnership as Trustor, Clovis Community Bank , as Trustee, and Clovis Community 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 . 4274 . DATED: April 17 jBy: ITY BANK C emmensen, Senior Vice President STATE OF CALIFORNIA COUNTY OF Fresno ss. On April 17. 1992 before me, Marie Avakian (here raw name and we at me alkM personally appeared Danny C. Clemmensen & Janice H. Neary is i 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 OFApAt.SEAL within instrument and acknowledged to me that he/she/they executed the same in his/her/their CWHOMIG authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), oars QDYfzt,t98z or the entity upon behalf of which the person(s)acted,executed the instrument.our WITNESS my hand and official seal. 1% (Seal) AC 0OWLEOGWNr—M Ptirpose—wolcoes Form 237CA—»ev.1-91 Signature OM WOLCOTTS.INC. (price class&2) Tract No . 4274 P.W. File No . 9145 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 10, 1.9 92, in the office of the Fresno County Recorder in Book -- , Page -- Document No. 92016185 of which the Deed of Trust in, by and between Cambridge Homes, a California General Partner: as Trustor, Clovis Community Bank as Trustee, and Clovis Community 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. 4274 . DATED: April 17, 19 92 C ITY BANK By — anny Clemmensen, Senior Vice President STATE OF CALIFORNIA ss. COUNTY OF Fresno On April 17, 1992 before me, Marie Avakian (here inW name aM lilt of me officer), personally appeared D nny C C mmensen 6 Janice H Neary - personally known to me(or proved to me on OFFICIAL8EJIL the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the II Q within instrument and acknowledged to me that he/she/they executed the same in his/her/their E6:Urcomms"p, 4COW&I�',f992 authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. 4 W4� a (Seal) —T ACKNOWLEpC,MW—AS Purpose—Mkom farm 237CA—Ref.1-91 Signature vW WOLCOTTS,INC. (price class 8-2)