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Home My WebLink AboutT-4574 - Agreement/Covenant - 8/17/2006 (2) � - RECORDED W OFMIAL RECORDS OF 94191180 0) �RESNo ,cauFOlt RRTURSTO: AT_f_ M PAST CITY OF FRESNO DEC 2 � 1994 DEVELOPMENT MARTN Nr 2600 Fre o Street FRESNO CA 93721-3604 num C.GREENWOOD F $ ES, County Recorder / PLSASE CONFORM ---------------------------ABOVE SPACE FOR RECORDER'S USE------------------------------- Tract No. 4574 \ Development Department Lots: 17, 21, 22, 24, y City of Fresno 32, 34 and 38 P.W. File No. 9703 APN: 502-020-06 AGREEMENT (For Early Issuance of Building Permit) To Supersede Document No. 94171808 THIS AGREEMENT is made by and between the CITY OF FRESNO, hereafter "City" and REGENCY-WIISON III, a California Limited Partnership, hereafter ("Owner") and ("Developer") and supersedes the Agreement recorded, November 9, 1994, as Document No. 94171808 in the Official Records of Fresno County, California. 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 generally located on the northside of West River Vista Drive between North Polk and North. Haves Avenues: and B. The Owner herebv warrants that ant, and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to th-s instrument: and Agreement/Early Issuance of Building Permit Tract No. 4574 Phase III of Tentative Tract No. 4300 Page 2 C. All such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and D. The Owner/Developer intends to construct a residential development on said Subject ti Property; and E. The Owner/Developer has filed and the City has approved Tentative Tract Map No. 4300 and Owner anticipates filing a final tract map in the near future; and F. Owner/Developer has filed building plans and has requested that the City issue building permits for model homes on said Subject Property: Lot 17 5469 West Bluff Avenue Lot 21 5484 West El Paso AVenue Lot 22 5472 West El Paso Avenue Lot 24 5466 West El Paso Avenue Lot 32 5492 West Everett Avenue Lot 34 5468 West Everett Avenue Lot 38 5481 West Everett Avenue G. 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. H. 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. I. Owner/Developer understands and ackm,wl edges, 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/Early Issuance of Building Permit Tract No. 4574 Phase III of Tentative Tract No. 4300 Page 3 J. It is extremely important to the Owner/Developer that the building permits be issued as soon as possible; and K. The action on the Final Tract Map No. 4574 by the Council of the City of Fresno is not expected to be finalized for up to one hundred twenty (120) days. NOW THEREFORE it is agreed: 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/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/Developer shall restore said Subject Property to its prior condition. 2. Should the Owner/Developer fail to comply with the provisions of Paragraph 1 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/Developer shall hold harmless and defend the Citi-. 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. Agreement/Early Issuance of Building Permit Tract No. 4574 Phase III of Tentative Tract No. 4300 Page 4 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$7,000.00 evidenced by cash or a Certificate of Deposit made payable to the City of Fresno. This a y 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/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: a. Major Facilities Fees: Grantland Service Area 7 units Ca' $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. Agreement/Early Issuance of Building Permit Tract No. 4574 Phase III of Tentative Tract No. 4300 Page 5 10. Owner/Developer agrees to indemnify, defend, and hold the City, its officers, •j employees, and agents harmless from any claims, damages, liabilities or costs whatsoever arising out of the performance of this agreement. •a � 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: OWNER/DEVELOPER CITY OF FRESN , a Municipal Co oration REGENCY-WILSON III, a California Limited Partnership By Alvin P. Solis, Director By: Leo Wilson Co., Inc., a California Development Department Corporation, as General Partner APPROVED AS TO FORM: By: 3ALy a A. Wilson, President Ci Atto By (Attach Notary Acknowledgment) Deputy LR:crm:LAND452/7176 Revised: 11/22/94 Agreement/Early Issuance of Building Permit Tract No. 4574 Phase III of Tentative Tract No. 4300 Page 6 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) ., On i 2� 19 , 1994, before me, C personally appeared �z4 n- ,dc-1 i� personally known to mg(or provide t e on thbasis 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 instruments) 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 ce- / - DEPUTY LR:crm:LAND452/+7176:GL2 L77-L89 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Fresno OnNovember 29, 1994 before me, Patricia A. Bigler, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC personally appeared Leo A. Wilson NAME(S)OF SIGNERS) ® personally known to me - OR - C 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 person(s) acted, executed the instrument. ERIE PATRICIA A. BIXI.ER WITNESS my hand and official seal. N COMM. #988384 NOTARY PUBLIC—CALIFORNIA 0 _ W FRESNO COUNTY N My COMM.Expires March 18,1997 —�� 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. 1 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT a .� ❑ INDIVIDUAL TRACT 4574, PHASE III OF ❑ CORPORATE OFFICER TENTATIVE TRACT NO. 4300 TITLE OR TYPE OF DOCUMENT 14 TITLE(Sl ,1 �� ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL �' ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: '*t DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184 l Tract No. 4574 P.W. File No. 9703 EXZ BPT "A" The Subject Property referred to in this Agreement is that portion of the Northwest Quarter of Section 34, Township 12 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, described as follows: BEGINNING at the Northeast comer of Tract No. 4300, according to the map thereof recorded in volume 56 of Plats at Pages 45 and 46, Fresno County Records; thence South 74° 01' 38" West, along the North line of said Tract 4300, said North line being the centerline of West River Vista Drive as shown on said map of Tract No. 4300, a distance of 193.46 feet to the beginning of a 1100.00 foot tangent curve, concave to the North; thence Westerly, continuing along the North line of said Tract 4300, along the centerline of said West River Vista Drive, along said curve, through a central angle of 28° 59' 03" an arc distance of 556.46 feet; thence non-tangent to said curve, North 13° 00'41" East, a distance of 41.00 feet to the beginning of a 1059.00 foot non-tangent curve, concave to the North, a radial to said beginning bears South 13° 00' 41" West, thence Easterly, along said curve, through a central angle of 00° 04' 24" an arc distance of 1.36 feet; thence non-tangent to said curve, North 57° 45' 01" East, a distance of 16.52 feet; thence North 12° 29' 22" East, a distance of 87.97 feet; thence North 32° 20' 39" West, a distance of 17.49 feet to the beginning of a 947.00 foot non-tangent curve, concave to the North, a radial to said- beginning bears South 13° 01' 38" West; thence Westerly, along said curve, through a central angle of 00° 09' 02" an arc distance of 2.49 feet; thence non-tangent to said curve, North 130 10' 40" East, a distance of 50.00 feet; thence North 510 32' 10" East, a distance of 16.62 feet to the beginning of a 225.00 foot non-tangent curve, concave to the West, a radial to said beginning bears North 89° 30' 21" East; thence Northerly, along said curve, through a central angle of 080 36' 35" an arc distance of 33.81 feet; thence tangent to said curve North 09° 06' 14" West, a distance of 111.17 feet to the beginning of a 275.00 foot tangent curve, concave to the East; thence Northerly, along said curve, through a central angle of 090 18' 15" an arc distance of 44.66 feet; thence non-tangent to said curve, North 350 16' 01" West, a distance of 19.51 feet: thence North 71° 52' 13" West, a distance of 9.39 feet; thence North 18° 07' 27" East, a distance of 50.00 feet; thence North 61° 42' 41" East, a distance of 17.26 feet to the beginning of a 275.00 foot non-tangent curve, concave to the East, a radial to said beginning bears North 740 03' 49" West, thence Northerly, along said curve, through a central angle of 020 11' 16", an arc distance of 10.50 feet; thence tangent to said curve, North 180 07' 27" East, a distance of 172.66 feet; thence North 26° 52' 33", West, a distance of 17.46 feet; thence North 18° 07' 27" East, a distance of 25.00 Exhibit "A" Tract No. 4574 Page 2 feet; thence South 710 52' 33" Fast*,a distance of 37.34 feet to the beginning of a 275.00 foot tangent curve, concave to the North; thence Easterly along said curve, through a central angle of 340 37' 15" an arc distance of 166.17 feet, to the beginning of a 250.00 foot reverse curve, concave to the South,s radial to said beginning-bears North 160 29' 48" West; thence Easterly, along said curve, through a central angle of 470 50' 55" an arc distance of 208.78 feet; thence tangent to said curve, South 580 38' 53" East, a distance of 182.19 feet to the beginning of a 275.00 foot non-tangent curve, concave to the Southeast, a radial to said beginning bears North 590 36' 52" West; thence Northeasterly, along said curve, through a central angle of 100 02' 43" an arc distance of 48.21 feet, to the beginning of a 275.00 foot reverse curve, concave to the west, a radial to said beginning bears South 490 34' 09" East; thence Northerly, along said curve, through a central angle of 390 24' 02" an arc distance of 189.11 feet to the cusp of said curve; thence tangent to said curve, South 0V 0V 49" West, a distance of 694.98 feet to the POINT OF BEGINNING. 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