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Home My WebLink AboutT-4540 - Agreement/Covenant - 8/18/2006 94153427 RECORDED IN OFFICIAL RECORDS OF F 0 COUNTY, CALI OR IA. PLEASE CONFORM AT � IN PAST M SEP 3 0 1994 WILLIAM C. GREENWOOD FEE County Recorder ABOVE SPACE FOR RECORDER'S USE AGREEMENT. FOR EARLY ISSUANCE OF BUILDING PERMIT City of I e _. .,.: DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3604 (209) 498-1591 Tract No. 4540 P.W. File No. 9471 UGM No. 479 THIS AGREEMENT is made this l qday of by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and The Highlands at Fort Washington, a California Limited Partnership, 575 East Locust Avenue, Suite 104, Fresno, California 93720 hereinafter designated and called the ("Owner") and ("Developer"). Agreement for Early Issuance of Building Permit Tract No. 4540/UGM 479 Phase II of Tentative Tract No. 4480 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 at northwest corner of East Saint Andrew Drive and North Maple Avenue; 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. 4480 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: 6, 7, 8, 9, 28 and 29 with corresponding addresses: 10484, 10474, 10458, 10446, 10485, and 10473 North Sinclair Circle 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 Agreement for Early Issuance of Building Permit Tract No. 4540/UGM 479 Phase H of Tentative Tract No. 4480 Page 3 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 be issued as soon as possible; and I. The action on the Final Tract Map No. 4540 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 Agreement for Early Issuance of Building Permit Tract No. 4540/UGM 479 Phase II of Tentative Tract No. 4480 Page 4 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 $5,000.00 per model home for a total amount of Thirty Thousand and 00/100 Dollars ($30,000.00) 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. Agreement for Early Issuance of Building Permit Tract No. 4540/UGM 479 Phase II of Tentative Tract No. 4480 Page 5 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 6 @ $400/unit $2,400.00 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. 4540/UGM 479 Phase II of Tentative Tract No. 4480 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: 21, 19`1 q CITY OF FRESNO, OWNER/DEVELOPER a Municipal Co ration THE HIGHLANDS AT FORT WASHINGTON, (�Pa California Limited Partnership By Alvin P. Solis, Director By: Wathen-Castanos, Inc., a California Development Department Corporation, as neral Partner ATTEST: By: os, President JACQUELINE L. RYLE CITY CLERK By Deputy 61 APPROVED AS TO FORM: JAMES P. LOUGH tt (Attach Notary Acknowledgment) By Deputy STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On this 15th day of September, 1994, before me, Julia E. Silverstrom, a Notary Public in and for said County and State, personally appeared Kevin J. Castanos, 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 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 the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ary Publ'cin nd for said State JLUA E.S&ER6ROM OY carfomlo mm.ExplrFRESNO N MAR 21.1997 Co Agreement for Early Issuance of Building Permit Tract No. 4540/UGM 479 Phase II of Tentative Tract No. 4480 Page 7 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On 29 , 1994, before me, A1 � personally appeared Q,&Ati ryAo4;a--) personally Enown to me or provided to me on the basis of satisfactory evidence) to be the persons(s) whose name(, is/an subscribed to the within instrument and acknowledged to me that he/sheith executed the same in his/heg4heir-authorized capacity(iot), and that by his/honth& signature( on the instrument(4 the person(A), 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 D PUTY DESCRIPTION That portion of the Southeast quarter of Section 14, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, described as follows: Beginning at the Southeast corner of said Section 14; thence North 00° 41' 01" East, along the East line of the Southeast quarter of said Section 14, a distance of 964.84 feet to the true point of beginning; Thence North 89° 18' 59" West, a distance of 55.00 feet; thence North 44" 18' 59" West, a distance of 24.81 feet; thence North 89° 18' 59" West, a distance of 565.47 feet; thence North 00° 15' 01" East, a distance of 311.01 feet; thence South 890 44' 59" East, a distance of 20.00 feet; thence North 00° 15' 01" East, a distance of 68.00 feet; thence North 890 44' 59" West, a distance of 20.00 feet; thence North 00° 15' 01" East, a distance of 68.00 feet; thence South 89" 44' 59" East, a distance of 20.00 feet; thence North 00° 15' 01" East, a distance of 68.00 feet; thence North 89° 44' 59" West, a distance of 20.00 feet; thence North 00" 15' 01" East, a distance of 68.00 feet; Thence South 89° 44' 59" East, a distance of 20.00 feet; thence North 00° 15' 01" East, a distance of 68.00 feet; thence North 89° 44' 59" West, a distance of 20.00 feet; thence North 00° 15' 01" East, a distance of 201.00 feet; thence South 89° 53' 53" East, a distance of 644.49 feet to a point on the East line of the Southeast quarter of said Section 14; thence South 00" 41' 01" West, along the East line of the Southeast quarter of said Section 14, a distance of 876.08 feet to the true point of beginning. EXHIBIT "A"