Loading...
HomeMy WebLinkAboutT-4565 - Agreement/Covenant - 8/18/2006 96 16 7 6 jY cXORDED IN OFFICIAL RECORDS OF I FRES 0 COUNTY,CALIFORNIA , AT�h1iN PAST " M� - V DE-C2 U iyye WILLIAM C.GREENWOOD FEE County Recorder $ ABODE SPAC.EM RECORDER'S..USE.:..._ AGREEMENT FOR EARLY ISSUANCE OF BUILDING PERMIT City of DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3604 (209) 498-1591 Tract No. 4565 P.W. File No. 9894 UGM No. 555 THIS AGREEMENT is made this 20th day of DECEMBER -91996 by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and PATRIOT HOMES-MAPLE DRIVE, LLC, a Limited Liability Company, 14724 Ventura Boulevard, Suite 901, Sherman Oaks, California 91403 hereinafter designated and called the("Owner") and ("Developer"). Agreement for Early Issuance of Building Permit Tract No. 4565/UGM 555 M,,i d 12/02/1996 eh.ogod lot 19 for 18) 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 East Perrin Avenue Between North Maple and North Chestnut 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. 4565 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: 2, 3, 4, 6, 7, and 8, with corresponding addresses: 9399, 9409, 9421, 9443, 9446, 9434 North Price Avenue respectively, Lots Nos. 16, 17 and 19 with corresponding addresses: 2228, 2236 and 2252 East Brandon Lane and Lot No. 20 with corresponding address of: 9398 North Recreation 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. 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. 4565/UGM 555 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. 4565 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 Ten Thousand and 00/100 Dollars ($10,000.00)evidenced by cash or a Certificate of Deposit made payable to the City Agreement for Early Issuance of Building Permit Tract No. 4565/UGM 555 Page 4 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: Major Facilities Fees 10 units @ $400/units $4,000.00 Waste Water Facilities Charge 10 lots @ $1,910.00/lots $19.100.00 Total Fees and Charges Due with this agreement $23,100.00 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. Agreement for Early Issuance of Building Permit Tract No. 4565/UGM 555 Page 5 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: DECEMBER 20th 1996 CITY OF FRESNO, OWNER/DEVELOPER a Municipal Corparation PATRIOT HOMES - MAPLE DRIVE, LLC, a California Limited Liability Company By Alvin P. Solis, Director Development Department By: David Schwa7fffnan, President APPROVED AS TO FORM: HILDA CANT& MONTOY Ci ey J_f By (Attach Notary Acknowledgment) Deputy LL- U POSE ACKNOWLEDGMEFAT ' Slalo ofC9CGi� i CAPACITY CLAIMED BY SIGNER Counly o )Ft 5�1 (S ❑ INDIVIDUAL(S) .OnPORATE On�L�C�JI.1�fCjI. /l�l�L boforo mo, ��m y Y. Tu.2tm,L:A, �(,b ry am,C OFFICER( ) es- Se L DATE * wu+E.TNIe of oince 1 TITLEI3) ` ❑ PAnTNEn(S) personally appeared �r4 V/0 ❑ ATTOnNEY•IN•FACT NAIue(s)OF SIGHWIS) ❑ TnUSTEE(S) personally known to me-OR- ❑proved to me on the basis of satisfactory evidence to be Iho person(s) whose name(s) is/are subscribed to Iho within Inslrurnenl and ac- E] (3UwnOIl1WCONSERVATOn knowlodgod to me that ho/she/Ihoy executed ❑ OTHEn: 3 1 ; �6d� the samo In his/hor/their authorized JhY1h�lY Y.TSURUOKA -y;r\. COMM. #1020521 P Y( s), and that by Ills/I)or/IlTolr '±:ri '�NOTARY PUBLIC.CALIFORNIA slgnaluro(s)on tho Instrument the porson(s). '-, FRESNOCOUNTi or the upon behalf of which orson s SIGNER IS REPRESENTING: L1y Comm.Expires Alar.17,.99 Y P P O NAME OF PEn501gs)on ENTITYIIESI acted. executed the Instrument. Witness my hand and official soal. / owc- /�/ZiYG U-C- SIGNATu11E OF 110TAny l Agreement for Early Issuance of Building Permit Tract No. 4565/UGM 555 Page 6 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On DECEMBER 20th , 1996, before me, Jocelyne Gueret personally appeared Alvin Solis, Dev. Direct-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. REBECCA E. KLISCH CITY CLERK By Mo D UTY Tract No. 4565 P.W. File No. 9894 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on July 15, 1996, in the office of the Fresno County Recorder as Document No. 96090167 of which the Deed of Trust in by and between Patriot Homes-Maple Drive, a California Limited Liablity Company, as Trustor, Commerce Securities Corporation, as Trustee, and Valiwide Bank, as Beneficiary, 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. 4565/UGM 555, Phase I of Tentative Tract No. 4565. DATED: December 4, 19 96 Valliwide Bank, as Beneficiary By. D. Long, Vice i nt By: (Attach Notary Acknowledgement) CALIFORNIA ALL-fPURPOSE ACKNOWLEDGMENT No.5193 State of L ( I �fi' I-r' ► OPTIONAL SECTION �� y CAPACITY CLAIMED BY SIGNER r County of Tlongthstatute ata below,nodongr the Nmayotary prove invaluable to persons relying on the document. On [:] INDIVIDUAL NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" CORPORATE OFFICER(S� personally appeared h' NAME(s)OF SIGNER 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 names) Is are [] GENERAL subscribed to the within inatrument and ac- ❑ATTORNEY-IN-FACT knowledged to me tha e, /they executed ❑TRUSTEE(S) the same in his/ a their au prized GUARDIAN/CONSERVATOR capacity(ies), and at by hi /her their OTHER: KATIE NAZAROFF signature(s) on the instrument the son(s), COMM. #1084308 C) or the entityon behalf of which the C7 NOTARY PUBM-CALIFORMA ` upon • FRESNO coIJINmr person(s) acted, executed the instrument. My Cow.Expires Jan.24,M SIGNER IS REPRESENTING: WITNESS my hand an fficial se NAME OF PERSON(S)OR ENTITY(IES) SIGN TU E OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT V �l�f d, -)a,47 L i7 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 ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-71 EXHIBIT "A" LEGAL DESCRIPTION That portion of the West half of Section 24, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, according to the Official Plat thereof, described as follows: Beginning at the Northwest corner of Lot 30 of Tract No. 4405, Brentwood at Woodward Park, according to the map thereof Recorded in Volume 56 of Plats, at Pages 56 and 57, Fresno County Records; thence North 02° 44' 13" East, along the Northerly prolongation of the West line of said Lot 30, a distance of 3.03 feet to a point on the Westerly line of said Tract No. 4405; thence South 37° 03' 36" West, along the Westerly line of said Tract No. 4405, a distance of 83.27 feet to a point on the West line of said Section 24; thence North 00° 49' 40" East, along the West line of said Section 24, a distance of 621.16 feet; thence South 89° 10' 20" East, a distance of 55.00 feet; thence South 00° 49' 40" West, a distance of 5.85 feet; thence South 45* 04' 44" East, a distance of 20.50 feet; thence North 890 40' 55" East, a distance of 233.16 feet; thence South 88° 25' 33" East, a distance of 139.68 feet to the Northwest corner of said Tract No. 4405; thence Southerly and Westerly, along the Westerly and Northerly line of said Tract No. 4405, the following courses; South 37° 03' 36" West, a distance of 168.41 feet; thence South 00° 50' 03" West, a distance of 138.30 feet; thence South 06° 49' 33" West, a distance of 85.68 feet; thence South 00° 48' 00" West, a distance of 73.44 feet to the beginning of a 2475.00 foot radius non-tangent curve, concave to the North, a radial to said beginning bears South 01* 49' 56" East; thence Westerly along said curve, through a central angle of 02* 37' 01", an arc distance of 113.04 feet; thence tangent to said curve, North 89° 12' 55" West, a distance of 58.38 feet; thence South 02* 44' 13" West, a distance of 104.31 feet; thence North 89* 10' 20" West, a distance of 110.06 feet to the point of beginning. Together with that portion of the West half of said Section 24, described as follows: Beginning at the Northeast comer of Lot I of said Tract No. 4405; thence South 89* 45' 18" West, along the North line of said Lot 1, a distance of 104.86 feet to the Northwest comer of said Lot 1; thence North 00° 10' 39" West, along the Easterly right-of-way line of North Recreation Avenue as shown on said Tract No. 4405, a distance of 47.41 feet to the beginning of a 50.00 foot radius tangent curve, concave to the Southwest; thence Northwesterly, continuing along the Easterly right-of-way line of said North Recreation Avenue, along said curve, through a central angle of 66° 11' 18", an arc distance of 57.76 feet to the Southeast comer of that certain parcel of land deeded to the City of Fresno July 16, 1993 as Instrument No. 93106632, of Official Records of Fresno County; thence nontangent to said curve, North 50° 37' 11" East, along the Southeasterly line of said Parcel, and along the Northeasterly prolongation thereof, a distance of 108.68 feet to the beginning of a 747.00 foot radius non-tangent curve, concave to the North, a radial to said beginning bears South 120 31' 13" West; thence Westerly along said curve, through a central angle of 15° 10' 03", an arc distance of 197.75 feet to the point on the Northerly prolongation of the West line of said Parcel; thence non-tangent to said curve, South 00° 51' 04" West, along said Northerly prolongation and along said West line, a distance of 128.24 feet to a point on the North right-of-way line of East Brandon Avenue as shown on said Tract EXHIBIT "A" LEGAL DESCRIPTION - CONTINUED No. 4405, said point being the beginning of a 2775.00 foot radius non-tangent curve, concave to the South, a radial to said beginning bears North 02* 02' 16" East; thence Westerly, along the North right-of-way line of said East Brandon Avenue, along said curve, through a central angle of 06" 43' 29", an arc distance of 325.70 feet, to the beginning of a 2475.00 foot radius reverse curve, concave to the North, a radial to said beginning bears South 04° 41' 13" East, thence Westerly continuing along the North right-of-way line of East Brandon Avenue, along said curve, through a central angle of 01* 22' 06", an arc distance of 59.11 feet; thence non-tangent to said curve, North 46° 09' 34" West, a distance of 16.44 feet to a point on the East right-of-way line of North Sierra Vista Avenue as shown on said Tract No. 4405; thence along the East right-of-way line of said North Sierra Vista Avenue, the following courses; North 00° 49' 53" East, a distance of 176.48 feet to the beginning of 470.00 foot radius tangent curve, concave to the East; thence Northerly, along said curve, through a central angle of 09* 07' 23", an arc distance of 74.84 feet; thence tangent to said curve, North 09* 57' 16" East, a distance of 37.44 feet; thence North 56° 19' 30" East, a distance of 16.56 feet to the beginning of a 753.00 foot radius non-tangent curve, concave to the South, a radial to said beginning bears North 13° 09' 06" East; thence Easterly along said curve, through a central angle of 000 17' 58" an arc distance of 3.94 feet; thence radial to said curve, North 13* 27' 04" East, a distance of 94.00 feet to a point on the North line of East Perrin Avenue, as shown on said Tract No. 4405; said point being the beginning of an 847.00 foot radius non-tangent curve, concave to the South, a radial to said beginning bears North 13° 27' 04" East; thence Easterly, leaving the East right-of-way line of said North Sierra Vista Avenue, along said curve, through a central angle of 14° 49' 33", an arc distance of 219.17 feet; thence tangent to said curve, South 61° 43' 23" East, a distance of 200.00 feet to the beginning of a 653.00 foot radius tangent curve, concave to the North; thence Easterly along said curve, through a central angle of 18° 23' 45", an arc distance of 209.66 feet; thence non-tangent to said curve, South 00° 14' 59" East, a distance of 247.49 feet to the point of beginning. - Except all oil, gas and minerals now or at any time hereafter situate in and under said premises, as reserved in the deed from Capital Company, formerly California Land Inc., successor by to Capital Company, a Corporation, to M.V. Williams and Helen Williams, his wife as joint tenants, dated March 4, 1943 and Recorded March 26, 1943 in Book 2079 at Page 299 as Instrument No. 10243, of Official Records. Said oil, gas and minerals have since passed of record to Transamerica Minerals Company by deed Recorded July 1, 1985 as Instrument No. 85064828