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HomeMy WebLinkAboutT-4537 - Agreement/Covenant - 8/18/2006 5010595 ` 9 W WkA FACOM OF PLEASE CONFORM F0 AS JAN $ 519% WUjW C.cw oofl 5FU ..ABOVE SPACE FOR RECORDER'S USE AGREEMENT. FOR EARLY ISSUANCE OF BUILDING PERMIT City of rn��ava DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3604 (209) 498-1591 Tract No. 4537 P.W. File No. 9453 UGM No. 502 THIS AGREEMENT is made this g?YAh day of am , 19 g5 , by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and Assemi Development, Inc, a California Corporation, 1396 West Herndon Avenue, Suite 101, Fresno, California 93711 hereinafter designated and called the ("Owner") and ("Developer"), without regard for number or Gender. Agreement for Early Issuance of Building Permit Tract No. 4537/UGM 502 Phase I of Tentative Tract No. 4537 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 Herndon Avenue between North West Avenue and North Van Ness Boulevard; 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. 4537 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 a building permit for a model home on said Subject Property (lot number 1 of the final Tract No. 4537) with a corresponding address of 2848 West Beechwood Avenue; 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. Agreement for Early Issuance of Building Permit Tract No. 4537/UGM 502 Phase I of Tentative Tract No. 4537 Page 3 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 be issued as soon as possible; and I. The action on the Final Tract Map No. 4537 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. Agreement for Early Issuance of Building Permit Tract No. 4537/UGM 502 Phase I of Tentative Tract No. 4537 Page 4 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 $5,000.00 per model home for a total amount of Five Thousand and 00/100 Dollars ($5,000.00) 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 Agreement for Early Issuance of Building Permit Tract No. 4537/UGM 502 Phase I of Tentative Tract No. 4537 Page 5 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 1 unit @ $400/unit $400.00 Waste Water Facilities Charge 1 lot @ $1,910.00/lot $1,910.00 Total Fees and Charges Due with this agreement $2,310.00 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 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 Agreement for Early Issuance of Building Permit Tract No. 4537/UGM 502 Phase I of Tentative Tract No. 4537 Page 6 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: //a AV/9 5 CITY OF FRESNO, a Municipal Corporation ` OWNER/DEVELOPER By Assemi Development, Inc., a California Alvin P. Solis, Director Corporation Development Department By: ATTEST: Fmid ^ President 3011" D . AACP.jL1S VKE P¢4-510EN JACQUELINE L. RYLE CITY CLERK By dA-i,'be putt APPROVED AS TO FORM: JA . LO G (Attach Notary Acknowledgment) Ci Att By Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No State of California OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of Fresno Though statute does not require the Notary to till in the data below, doing so may prove invaluable to persons relying on the document. On 1/13/95 before me, Terry G. Meehan DATE NAME,TITLE OF OFFICER-E.G..JANE DOE,NOTARY PUBLIC* INDIVIDUAL CORPORATE OFFICER(S) personally appeared John D. Morris Vice President NAME(S)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 cr:zc:�* s"n•. capacity(ies), and that by his/her/their Terry G. Meehan []OTHER: Q-�,%'OTARY PUBL.0 CAL;FC;:N,• signature(s) on the instrument the person(s)I FRESNCCOUNTY or the entity upon behalf of which the My Comm.Expoes Mat< -3s5 person(s) acted, executed the instrument. SIGNER 1S REPRESENTING: WITNESS my hand and official seal. NAME OF PERSON(s)OR ENIT"PES) Assemi Development, _ GNATURE OF NOTW 1)PTIONAL SECTION 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, R 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 Agreement for Early Issuance of Building Permit Tract No. 4537/UGM 502 . Phase I of Tentative Tract No. 4537 Page 7 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On 2Y , 1995, before me, C t;y personall appeared C?Ailm,, Agi,c,� 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.ci» ll[L� DE UTY Tract No. 4537 P.W. File No. 9453 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on October 19, 1994, in the office of the Fresno County Recorder as Document No. 94162576 of which the Deed of Trust in by and between Assemi Development, Inc., a California Corporation, as Trustor, Commerce Securities Corp. as Trustee, and Valliwide Bank, a California Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest. thereto to the foregoing Subdivision Agreement for Tract No. 4537/UGM 502, Phase I of Tentative Tract No. 4537. DATED: a Valliwide Bank, a California Corporation as Beneficiary By: By: (Attach Notary Acknowledgement) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.590; State of C��- County of v e On //7 before me, � /SCG.'A ID l`tC ANN« , DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC personally appeared C���y,� L/e//i�Rk NAME(S)OF SIGNER(S) ' 0-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 PATWIA 0.MC CCNMW capacity(ies), and that by his/her/their -. Ndm Rue la signature(s) on the instrument the person(s), FREStVO couNrr or the entity upon behalf of which the COM.E)qtM FEB IM person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 DESCRIPTION Commencing at the Southwest corner of Lot 1281 of Bullard Lands Irrigated Subdivision No. 8, according to the map thereof recorded in Volume 8 Page 46 of Plats, in the County of Fresno, State of California, Fresno County Records; thence North 89020120" East, along the South line of said Lot 1281, a distance of 270.01 feet to the true point of beginning of this description; thence North 00°19'10" West, a distance of 183.17 feet to the beginning of a tangent curve, concave Southwesterly; thence Northerly, along said curve with a radius of 270.00 feet through a central angle of 89°58'12" an arc distance of 423.97 feet; thence North 00°18'06", West, a distance of 54.00 feet, to the intersection point with a non-tangent curve concave Southwesterly with a radial bearing to said point of North 00017'29" West; thence Southerly, along said curve with a radius of 324.00 feet through a central angle of 26°29'52" an arc distance of 149.84 feet, to a point of non-tangency on a line, with a radial bearing to said point of North 26012'23" East; thence South 54°46'49" East, a distance of 50.00 feet, to the intersection point with a non-tangent curve concave Southwesterly with a radial bearing to said point of North 35°05'02" West; thence Southerly along said curve with a radius of 320.00 feet through a central angle of 04017'47" an arc distance of 23.99 feet to a point of non-tangency on a line with a radial bearing to said point of North 39022'48" East; thence North 47021'26" East, a distance of 112.62 feet; thence South 42038'22" East, a distance of 64.64 feet; thence South 73009'12" East, a distance of 50.00 feet; thence North 89020'20" East, a distance of 1186.18 feet, thence North 00021'45" West, a distance of 501.55 feet; thence North 89038'15" East, a distance of 180.08 feet; thence South 00047'17" East, a distance of 5.60 feet; thence North 89020'20" East, a distance of 807.11 feet; thence South 00021'39" East, along the East line of Lot 1256 of said Bullard Lands Irrigated Subdivision No. 8 a distance of 289.44 feet; thence South 89020'20" West, a distance of 166.58 feet; thence South 83°17'21" West, a distance of 195.09 feet; thence South 89°20'20" West, along the South line of Lot 1257 of said Bullard Lands Irrigated Subdivision No. 8, said line also being the South line of Outlot "B" of Corona Tierra No. 2, Tract No. 2829 recorded in Volume 31 of Plats at Pages 82 and 83, Fresno County Records a distance of 361.53 feet; thence South 00°21'39" East, a distance of 627.01 feet; thence South 89°20'20" West, along the South line of Lots 1284, 1283 and 1281 of said Bullard Lands Irrigated Subdivision No. 8 and that 30 foot wide right-of-way lying East of and adjacent to Lots 1261, 1280 and 1281 of said Bullard Lands Irrigated Subdivision No. 8, as abandoned by that certain "Order of Abandonment" of the Board of Supervisors of Fresno County, recorded October 22, 1956 in Book 3835 Page 453 of Official Records, Document No. 74785, a distance of 1560.67 feet to the true point of beginning. EXHIBIT "A"