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Home My WebLink AboutT-4347 - Agreement/Covenant - 6/29/2006 5201'7658 RECORDED N OFFM RECORDS OF FRE�OU ,CALFORrNe AT MIN PAST //_ UU M F E 8 131992 wluwr C.cREENw000 FEE PLEASE CONFORM C=*Reader Fs -------------------ABOVE SPA FOR RECORDE 4347/UGM 443 Development Department (Lots 29 , 30, 31,32 & 33) City of Fresno P.W. File No . 9272 APN: 442-021-06 Address : 3413 , 3423, 3433, 3443, and 3453 West Weldon Avenue, respectively A G R E E M E N T (For Early Issuance of Building Permit) "Thomasville Estates" THIS AGREEMENT is made by and between the CITY OF FRESNO, hereafter "City" and THOMAS R. BUTLER, a married man, as his sole and separate property, hereafter ( "Owner" ) and THOMAS R. BUTLER, Inc. , a California Corporation, hereafter ( "Developer" ) . RECITALS A. Owner owns real property situated in the City of Fresno, County of Fresno, hereinafter referred to as "the Subject Property, " and more particularly described in Exhibit "A" attached and incorporated by reference, which is generally located at the west side of North Valentine Avenue between West Clinton and West McKinley 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 Early Model Homes Agreement Tract No . 4347/UGM 4347 Thomasville Estates Page 2 D. The Developer intends to construct a residential development on said Subject Property; and E. The Owner has filed and the City has approved Tentative Tract Map No . 4347 and Owner anticipates filing a final tract map in the near future; and F. Developer has filed building plans and has requested that the City issue building permits for model homes on said Subject Property (Lots 29 , 30, 31, 32 , and 33 at addresses 3413, 3423, 3433 , 3443 , and 3453 West Weldon 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 and the 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 and the 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. Early Model Homes Agreement Tract No . 4347/UGM 4347 Thomasville Estates Page 3 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.4347 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 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 Subject Property any improvements or construction placed or constructed pursuant to said building permits issued for model homes; and Owner and Developer shall restore said 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 said Subject 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 Early Model Homes Agreement Tract No . 4347/UGM 4347 Thomasville Estates 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 Developer shall deliver to the City of Fresno the sum of $1, 000 . 00 per model home for a total amount of $5, 0000 . 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 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 Subject Property by an officer of the City, and recorded in the County Recorder' s Office, shall be a lien on said 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 and the Developer to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned. Early Model Homes Agreement Tract No . 4347/UGM 4347 Thomasville Estates Page 5 8 . The Developer has remitted those development fees due as a condition of approval of this Agreement as follows : Major Facilities Fees 5 units @ $400/unit $2, 000 . 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 and the 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. Early Model Homes Agreement Tract No. 4347/UGM 4347 Thomasville Estates Page 6 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. DATED: /3, /942 CITY OF FRESN OWNER a MunicipaC ration THOMAS R. BUTLER, a Married Man, as His Sole and Separate By )O4 Property Alvin P. go- is, Director Development Department I i ;� w8e Thomas R. Butler APPROVED AS TO FORM: HARVEY WALLACE DEVELOPER City Attorney THOMAS R. BUTLER, INC. , a California Corporation By 4&. Deputy Thomas R. Butler, President (Attach Notary Acknowledgment) STATE OF CALIFORNIA ``•`'°M e•�ITN.••„'••,,, COUNTY OF fiY4na } On _ before me, (here insert name and title of cer), personally appeared WTC WORLD TITLE COMPANY FDR WTARY MAL.OR STAND personally known to me to be the person(e} whose names; is/aa subscribed to the within instrument and acknowledged to me that he/e#4e/•Clteq executed the OFFICIAL SEAL same in his/her-/Oeir authorized capacitybesi, and that MARY MOMMER by his/4w/their signatureW on the instrument the emy NOTARY PUBLIC CALIFORNIA person(e?, or the entity upon behalf of which the persons) Comm Expres COUNTY iM acted, executed the instrument. WITNESS my hand and official seal. Signature WTC 279 Early Model Homes Agreement Tract No. 4347/UGM 4347 Thomasville Estates Page 7 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On this 134A day of c in the year /992 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 Com+!! t A4mn►r /b&!!f Deputy LR:jld:crm LAND234/+3719 STATE OF CALIFORNIA i }��'��see Me y,W��y` COUNTY OF On before me, (here insert name and 4de of officer . personally appeared WTC WORLD TITLE COMPANY ��.oiiyT Mr NOTARY gx OR STAND personally known to me jw-ppwad to me the 4 to be the personp}whose name(+ is/ape subscribed to the within instrument and acknowledged to me that he/sheA*ey executed the same in his/boWW%eir authorized capacily(iiesi-and that OFFICIAL SEAL by his/herftpoia.signaturet*on the instrument the MARY MOMMER NOTARY PUBLIC MWORN A person( or the entity upon behalf of which the personW). FRESNO COUNTYacted, executed the instrument. I's'. .. Mycor" �'W 10.Im WITNESS my hand and official seal. 41 Signatu L�22�� WTC 279 Early Model Homes Agreement Tract No . 4347/UGM 4347 Thomasville Estates Page 8 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 : The South 1/2 of Lot 21 of Victoria Colony, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 4, Page 61 of Plats, Fresno County Records. LR:jld LAND339/+3719