HomeMy WebLinkAboutT-4421 - Agreement/Covenant - 7/6/2006 VXrURNTO: RECORDED IN 0:FCIAI-RECORDS OF 95098470
CTfy OF FRESNO FRE ' JNTY, CAIIFC "'
DEVEA��r DEPARTMENT AT MI.J PAST
2600 Fr—O Stred
FRnNo CA 93721-304 AUG 101995
WILLIAM C.GREENWOOD FEc
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EARLY ISSUANCE OF BUILDING PERMIT
City of
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DEVELOPMENT DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3604
(209) 498-1591
Tract No. 4421
P:W. File No. 9330
UGM No. 505
THIS AGREEMENT is made this /G A day of , 19 95 ,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the
"City," and PATRIOT HOMES-FRESNO II LLC, a Limited Liability Company, 500 South Sepulveda
Boulevard, Suite 310, Los Angeles, California 90049, hereinafter designated and called the ("Owner")
and ("Developer").
f T
Agreement for Early Issuance of Building Permit
Tract No. 4421/UGM 505
Page 2
RECITALS
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 north side of West Alluvial
Avenue between North Polk and North Hayes Avenues.
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. 4421 and the 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: 1, 5, 9, 10, 11, 12, 26, 32,
33, 34, 36, 37, and 40 inclusive, with corresponding addresses: 7554, 7506, 7543, 7555, 7563,
North Carnegie, and 5688, 5751, 5823, 5835, 5847, 5871, 5883, 5919 West Athens Avenues,
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.
H. It is extremely important to the Owner and the Developer that the building permits
r �
Agreement for Early Issuance of Building Permit
Tract No. 4421/UGM 505
Page 3
be issued as soon as possible; and
I. The action on the Final Tract Map No. 4421
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 Thirteen Thousand and
00/100 Dollars ($13,000.00)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
t
Agreement for Early Issuance of Building Permit
Tract No. 4421/UGM 505
Page 4
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:
Major Facilities Fees
13 units a $200/units $2,600.00
Herndon Trunk Sewer - Major Facilities Fees
13 units @ $200/unit $2,600.00
Waste Water Facilities Charge
13 lots @ $1,910.00/lots $24,830,
Total Fees and Charges Due with this agreement $30,030.00
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
Agreement for Early Issuance of Building Permit
Tract No. 4421/UGM 505
Page 5
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: 191/10—9 r
CITY OF FRESNO,
a Municipal Corporation
OWNER/DEVELOPER
By 4
Alvin P. Solis, Director PATRIOT HOMES-FRESNO II, LLC
Development Department a Limited Liability Company
ATTEST:
By:
JACQUELINE L. RYLE David Schwartz President/Secretary
CITY CLERK
By +�. (Attach Notary Acknowledgment)
Deputy
APPROVED AS TO FORM:
D C OY
c ' g ty tto y
B
Deputy
LR:1r eibp4432.doc Revised: 07/14/1995
CALIFORNIA/BALL-PURPOSE ACKNOWLEDGMENT No.s
State of /^1'?-&JjQtdj&JE OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
County of il/L�� Though statute does not require the Notary to
c^ fill in the data below, doing so may prove
'7
On ` ��J before me �i �'—�Q 'c,��� invaluable to persons relying on the document.
DATE NAME.TITL OFFICER•E.G..-JANE DOE.NOTARY PUBLIC- ❑ INDIVIDUAL
❑
personally appeared n Ui d S-'_ti uA t r t-,-. IQI --
V . CORPORATE OFFICER(S)
NAME(S)OF S*NER(S) TITI E(S)
❑personally known to me-OR-t32PARTNER(S) LIMITEDroved to me on the basis of satisfactory evidence ❑
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
capacity(ies), and that by his/her/their OTHER:
signature(s) on the instrument the person(s),
IL Gll6lIEW or the entity upon behalf of which the
• Tar
COWL �am J_ person(s) acted,executed the instrument.
Mi CwaL Eviras Jwe 27.1997 SIGNER IS REPRESENTING:
WITNESS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES)
SIGNATURE j0F��ARY
OPTIONION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
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
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-71
Agreement for Early Issuance of Building Permit
Tract No. 4421/UGM 505
Page 6
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On 8/1 C , 1995, before me, air 3 cLt i.
personally appeared 'M&4.k, 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.
WITNESS my hand and official seal.
JACQUELINE L. RYLE, CMC
CITY CLERK
By C&, 7 -+ - &= o.
DEPUTY
Tract No. 4421
P.W. File No. 9330
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on May 4 1995 , in the office of the Fresno County Recorder as
Document No. 95054086 , of which the Deed of Trust in by and between
Patriot Homes - Fresno II, LLC
as Trustor,
Central Title Company ,as Trustee,and
Ruth Ziegler and Richard A. Corleto, Trustees of the Ziegler Family , as Beneficiary,
Trust
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Agreement for Early Issuance of Building Permit for Tract No. 4421/UGM 505.
DATED: , 19
By:
By: Ct .
&,_"
(Attach Notary Acknowledgement)
TRACT NO.4421/UGM 505
P.W. NO. 9330
LEGAL DESCRIPTION
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:
PARCEL "A" OF PARCEL MAP NO. 92-26, IN THE CITY OF FRESNO, COUNTY OF
FRESNO, STATE OF CALIFORNIA, ACCORDING TO SAID PARCEL MAP RECORDED IN
BOOK 56 OF PACEL MAPS, PAGES 28 & 29, FRESNO COUNTY RECORDS.
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL "A"; SOUTH 89°51'17"
WEST, ALONG THE SOUTH LINE OF SAID PARCEL "A", A DISTANCE OF 21.79 FEET;
THENCE NORTH 00°08'43" WEST, A DISTANCE OF 31.00 FEET; THENCE NORTH
89'51'17- EAST, PARALLEL WITH AND 31.00 FEET NORTH OF THE SOUTH LINE OF
SAID PARCEL 'A", A DISTANCE OF 21.00 FEET TO A POINT ON THE EAST LINE OF
SAID PARCEL "A"; THENCE SOUTH O1°36'45" EAST, ALONG THE EAST LINE OF SAID
PARCEL "A", A DISTANCE OF 31.01 FEET TO THE POINT OF BEGINNING.
EXHIBIT "A"
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CACI I Vl
County of LOS 0 V((L' 5
On 7 - g (Q before me,
DATE `- NAME,TITTLE OF OFFICER-E.G.,"JANE DOE. OTARY PUBLIC-
personally appeared LC6.rd .0 r (P,-� ,
NAME(S)OF SIGNER(S)
/ 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 within instrument and ac-
knowledged 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 the person(s),
or the entity upon behalf of which the
GIGI 4 person(s) acted, executed the instrument.
V Comm. #1026161
OTARY PUBLIC CALIFORNIA
S LOS ANGELES COUNTY WITNESS my hand and official seal.
` Comm.Explas May 8.1998
SIG TURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER �,b C) r Y\ O In
TITLE OR TYPE OF DOCUMENT i
TITLE(S)
❑ PARTNER(S) ❑ LIMITED I
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
l
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
x71993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184