HomeMy WebLinkAboutT-4358 - Agreement/Covenant - 7/6/2006 1,
U 0 4 RECORDED IN OFFICIAL RECORDS OF
FRESN UNiY,CALIFORNIA
AT __MIN, PASTM
O
JUN 111997
PLEASE CONFiut=s ,1 WILLIAM C.GREENWOOD
County Recorder S
14B0 .SPACE FOR RECORDER ;USE
AG`vEM- ENT
FO
EARLY ISSUANCE OF BUILDING PERMIT
City of
DEVELOPMENT DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3604
(209) 498-1591
Tract No. 4358
P.W. He No. 9274
UGM No. 40
�h
THIS AGREEMENT is made this�_day of ,! , 1 9 ,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the
"City," and TREND HOMES, INC., a California Corporation, P.O. Box 16369, Fresno, California
93755 hereinafter designated and called the ("Owner") and.("Developer").
Agreement for Early Issuance of Building Permit
Tract No. 4358/UGM 463
Page 2
RECITAIS
A. Owner owns real property situated in the City of Fresno, County of Fresno, State of
California, hereafter referred to as the "Subject Property" and more particularly described in Exhibit
"A" attached and incorporated by reference, which is located on the south side of West Bullard
Avenue between North Carnegie and North Dante Avenues; and
B. The Owner/Developer intends to construct a residential development on said Subject
Property; and
C. The Owner/Developer has filed and the City has approved Tentative Tract Map No.
4358 and Owner anticipates filing a final tract map in the near future; and
D. Owner/Developer has filed building plans and has requested that the City issue
building permits for model homes on said Subject Property (Lots Nos: 128, 129, 130, and 131, with
corresponding addresses: 5709, 5721, 5733, and 5745 North Wheeler Avenue respectively); and
E. 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.
F. 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.
G. 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.
Agreement for Early Issuance of Building Permit
Tract No. 4358/UGM 463
Page 3
H. It is extremely important to the Owner and the Developer that the building permits
be issued as soon as possible; and
I. The action on the Final Tract Map No. 4358 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 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 I
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 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, 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 Four Thousand and
Agreement for Early Issuance of Building Permit
Tract No. 4358/UGM 463
Page 4
00/100 Dollars ($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 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/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:
Water Meters
4-1" Meters @ $320.00/each $1,280.00
Major Facilities Fees
4 units @ $400/units $1.600.00
Total Fees and Charges Due with this agreement $2,880.00
9. No vested rights or entitlements are conferred by the issuance of this early
construction permit or by acceptance of any improvements constructed thereunder.
Agreement for Early Issuance of Building Permit
Tract No. 4358/UGM 463
Page 5
10. Owner/Developer agrees to indemnify, defend, and hold the City, its officers,
employees, and agents harmless from any claims, damages, liabilities or costs whatsoever arising
out of the performance of this agreement.
11. The foregoing shall burden the Subject Property described and constitute a covenant
running with the land in favor of and for the benefit of the City of Fresno and its property: be
enforceable by the City by any legal or equitable means; and shall be binding upon the successor,
assigns, transferees, and heirs of Owner. In the event that the action by the City approving the final
tract map is finalized, the foregoing deposit shall be returned to the Owner/Developer and this
covenant shall be of no further force and effect.
DATED:
CITY OF FRESNO, OWNER/DEVELOPER
a Municipal Corpo ' n
TREND HOMES, INC., a California Corporation
By
P. Solis, Director
Development Department By:
Robert A. UcCa&eyA&dent
APPROVED AS TO FORM:
HIL777
City f
By:
en Mc y, Vi esi t/Secretary
By
Deputy
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193
State of
California OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
County of Fresno Thofilugh astatute data does
dr require
may Notary
to
prove
invaluable to persons relying on the document.
OW` ay 271 199lefore me, Vicki K. Washer INDIVIDUAL
DATE NAME,TITLE OF OFFICER.E.G.,*JANE DOE,NOTARY PUBLIC'
�]CORPORATE OFFICER(S)
personally appeared Robert A. McCaffrey & Karen McCaffrey Pres . & V. Pres/Sec
NAME($)OF SIGNER(S) TITLE(S)
®personally known to me-OR -❑ proved to me on the basis of satisfactory evidence ❑PARTNER(S) LIMITED
to be the person(s) whose name(s) is/are GENERAL
subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT
knowledged to me that he/she/they executed ❑TRUSTEE(S)
the same in his/her/their authorized GUARDIAN/CONSERVATOR
VlCKlK.WASHER capacity(ies), and that by his/her/their
OTHER:
Corr mbslon#I 065W signature(s) on the instrument the person(s),fa
';• Notary PUSIO—CO2nlo or the entity upon behalf of which the
��CO� person(s)acted, executed the instrument.
t' 'COf"�'' °'Aug
16•1994 SIGNER IS REPRESENTING:
TN PS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES)
i SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT AQrmt Early Issuance Bldg Permit
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES DATE OF DOCUMENT
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE
®1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
Agreement for Early Issuance of Building Permit
Tract No. 4358/UGM 463
Page 6
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On JUNE 11TH , 1997, before me, Jocelyne Gueret
personally appeared ALVIN SOLIS, DIRECTOR personally known to me (or provided to me on the
basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s), or the entity upon
behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument.
VVITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
l
By
PUT
' e
Tract No. 4358
P.W. File No. 9274
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded
on April 29, 1996, in the office of the Fresno County Recorder as Document No. 96054303 of which
the Deed of Trust in by and between Trend Homes, Inc., a California Corporation, as Trustor,
American Securities Company, a California Corporation, as Trustee, and Wells Fargo Bank, N.A., as
Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing A67:
for Early Issuance of Building Permit Tract No. 4358/UGM 463.
DATED: , 1
Wells Fargo Bank, N.A., as Beneficiary
B fCR
� rn
o
(Attach Notary Acknowledgement)
STATE OF CALIFO NIA
COUNTY OF ss'
On this d 3 day of !"l�X , 19,97 before me,
a Nota P4bli�,in ndfr the State of California, personally appeared
anj7Gd b personally known to me (or proved on the basis of satisfactory evidence)
to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to
me that he4ohe they executed the same in hicA;w4their authorized capacity(ies), and that by
>gie,iiaoc,ttheir signature(s) on the instrument the person(s), or the entity upon behalf of which the
personls) acted, executed the instrument.
WITNESS my hand and official seal
I/MJAE dl loom
Signature
NoksyPuft—Ca amb
CIN"01MO Carly -
C�'
NTIA.Comm BON Jin 19.2MO
My commission expires ��� l F 000
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 120, 121 and 122 of J.C. Forkner Fig Gardens Subdivision No. 2, recorded in Volume
8, Page 66 of Plats, Fresno County Records, together with those portions of Lots 110, 111
and 112 of said J.C. Forkner Fig Gardens Subdivision No. 2, Bullard Avenue, Polk Avenue
and Weber Avenue (the 60 foot avenue adjacent to Lot 110 on said map of J.C. Forkner Fig
Gardens Subdivision No. 2), lying within the property described as follows:
Beginning at the southeast corner of said Lot 120; thence South 89° 52' 00" West, along
the south line of said J.C. Forkner Fig Gardens Subdivision No. 2, a distance of 655.84 feet
to the southwest corner of the northwest quarter of the northeast quarter of Section 10,
Township 13 South, Range 19 East, Mount Diablo Base and Meridian, thence South 890 48'
21" West, along the south line of said J.C. Forkner Fig Gardens Subdivision No. 2, a
distance of 693.57 feet to the southwest corner of said Lot 122; thence North 49° 50' 35"
West, along the southwesterly line of said Lot 122 and its northwesterly prolongation, a
distance of 1254.64 feet; thence North 400 08' 59" East, along the centerline of North
Carnegie Avenue and its southwesterly prolongation, as per deed granted to the City of
Fresno for public street purposes, recorded September 26, 1990 as Document No.
90116099, in the Office of the County Recorder of Fresno County, a distance of 655.01
feet; thence South 49° 51' 01" East, along the centerline of West Bullard Avenue, as per
Tract No. 4127, recorded in Volume 51, Pages 89 and 90 of Plats, Fresno County Records,
a distance of 227.57 feet to the intersection with a tangent curve, concave to the northeast;
thence southeasterly along said curve, said curve being the centerline of said West Bullard
Avenue, having a radius of 1200.00 feet, through a central angle of 310 56' 17", an arc
distance of 668.91 feet; thence South 310 15' 55" East, a distance of 40.00 feet; thence
North 860 44' 05" East, parallel with, and 40.00 feet north of the north line of said Lot 121
and its easterly prolongation, a distance of 438.46 feet; thence North 860 44' 58" East,
parallel with and 40.00 feet north of the north line of said Lot 120 and its westerly
prolongation, a distance of 655.75 feet; thence South 30 15' 02" East, a distance of 40.00
feet; thence South 00 50' 03" East, along the east line of said Lot 120, a distance of
871 .07 feet to the point of beginning.
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Legal Description - Page 1