The URL can be used to link to this page

Home My WebLink AboutT-4598 - Agreement/Covenant - 9/29/2005 (3) WHEN RECORDED MAIL TO: � IIII III III�III II II IIII IIII I III I IIII I IIII I II I IIIII City Clerk FRESNO County Recorder City of Fresno Robert C, Werner 2600 Fresno Street DOC— 2005-0107306 Fresno, CA 93721-3603 Friday, MAY 13, 2003 14:33:17 Tt 1 Pd $0.00 Nbr-0001825741 DJG/RS/2-13 NO FEE-Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 10545 JAF: 565, 577, 589, 593 South Filbert Avenue AGREEMENT FOR EARLY ISSUANCE OF MODEL HOME BUILDING PERMITS FOR FINAL MAP OF TRACT NO. 4598 Agreement for Early Issuance of Model Home Building Permits Tract No. 4598/UGM Page 2 THIS AGREEMENT is made this,/// day of v .` , 20 , by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter Jerred to as the"City,"and LAFFERTY GDCI FRESNO L.P.,a Delaware Limited Partnership,3180 Crow Canyon Place,Suite 255,'San Ramon, California 94583,hereinafter referred to as the "Developer,"without regard for number or gender. RECITALS A. The Developer owns real property situated in the County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described in EXHIBIT'A"attached hereto and made a part of this Agreement,which is generally located at the Southeast corner of East Dakota Avenue and North Temperance Avenue. B. The Developer hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument; and all such instruments of Subordination, if any, are attached hereto and made apart of this instrument. C. The Developer has filed and the City of Fresno has approved, a Vesting Tentative Map No. 4598 for a Planned Development on the Subject Property. Additionally, the Developer has filed a Final Map of Tract No.4598, hereinafter referred to as the"Final Map"pursuant to said Tentative Map, which will be presented for City Council action. D. The Developer is requesting the .issuance of building permits to construct model homes on the Subject Property prior to the approval and recording of the Final Map. E. Such building permits will be issued and inspected in accordance with City of Fresno codes and regulations. i Agreement for Early Issuance of Model Home Building Permits Tract No. 4598/UGM Page 3 F. The Developer has filed building plans and has requested that the City issue building permits for model homes on the portion of the Subject Property which correspond to the lots to be created by the Final Map as follows: Lot 7, 593 South Filbert Avenue Lot 8, 589 South Filbert Avenue Lot 9, 577 South Filbert Avenue Lot 10, 565 South Filbert 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 early issuance of such model home building permits or by the acceptance of such construction upon inspection. H. The Developer acknowledges that such improvements will be accepted by the City only if they comply with all applicable City standards, codes, and ordinances, provided, and in no case shall acceptance of such improvements be complete until the Final Map is approved by the Fresno City Council and duly recorded. I. 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. J. It is extremely important to the Developer that the building permits for the model homes be issued as soon as possible. K. The action for the approval of the Final Map by the City of Fresno is not expected to be finalized for up to one hundred twenty(120) days. / q Jy r ) Agreement for Early Issuance of Model Home Building Permits Tract No. 4598/UGM Page 4 AGREEMENT In consideration of the foregoing,the early issuance of building permits forthe model homes and the promises and covenants herein contained, the undersigned agree: 1. Should the City of Fresno fail to approve the Final Map for any reason within one hundred.twenty(120)days of the execution of this Agreement, the Developer shall,within ten(10) days after written notice from the Director of the Planning and Development Department of the City of Fresno, remove from the Subject Property any improvements or construction placed or constructed pursuant to the building permits issued for the model homes; and Developer shall restore the Subject Property to its prior condition. 2. Should the 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 the Subject Property and accomplish such removal and restore the Subject Property to its prior condition. 3. Should the City of Fresno cause such removal under the provisions of Paragraph 2 hereof,the 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 Developer shall deliver to the City of Fresno the sum of One-Thousand ($1,000) per model home for a total amount of Four Thousand .Dollars($4,000)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 Developer. After the action by the City approving the Final Map and the recording of that Final Map, the deposit will be returned to the Developer. 5. Any costs and expenses of removal exceeding the above stated amount of security, which are stated in writing with a description of the Subject Property by an officer of the City, and recorded in the County Recorder's office, shall be a lien on the Subject Property and appurtenances running in favor of the City of Fresno. Agreement for Early Issuance of Model Home Building Permits Tract No. 4598/UGM Page 5 . 6. The Developer has paid the fees and charges due as a condition of approval of this Agreement for the model homes as follows: Wastewater Facilities Charge 4 Lots @ $ 2,119'/Lot $ 8,476.00 Service Connection Charges - Water Meters per Lot Lots 7-10, 4 - 1" Meters @ $330 /each $ 1,320.00 Total Fees and Charges Due $ 9,796.00 7: The obligations of the Developer provided in this Agreement are joint and several. 8. This Agreement shall in no way whatsoever be construed as the granting by the City of any rights to the Developer to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned. 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. The 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 the Developer. In the event the City Council approves the Final Map and the Final Map is duly recorded,the foregoing deposit shall be returned to the Developer and this Agreement shall be of no further-force and effect. a EXHIBIT A Agreement for Early Issuance of Model Home Building Permits for Tract No. 4598 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10,TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 10;THENCE NORTH . 89050'01"EAST,ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER,A DISTANCE OF 660.06 FEET TO THE INTERSECTION WITH THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH 0006' 48" EAST, ALONG SAID EAST LINE, A DISTANCE OF 744.00 FEET; THENCE NORTH 89050'01" EAST, ALONG THE SOUTH LINE OF THE NORTH 744.00 FEET OF THE EAST HALF OF SAID NORTHWEST QUARTER,A DISTANCE OF 202.70 FEET; THENCE SOUTH 0010'36" EAST, A DISTANCE OF 110.35 FEET; THENCE NORTH 89049'24" EAST, A DISTANCE OF 57.62 FEET; THENCE SOUTH 0001'36" EAST, A DISTANCE OF 482.00 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 89049'24" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 921.35 FEET TO THE INTERSECTION WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10;THENCE NORTH 0006'00"WEST,ALONG SAID WEST LINE, A DISTANCE OF 1336.51 FEET TO THE POINT OF BEGINNING. Agreement for Early Issuance of Model Home Building Permits Tract No. 4598/UGM Page 6 CITY OF FRESNO, DEVELOPER: a Municipal Corporation LAFFERTY GDCI FRESNO L.P., a Delaware Limited Partnership. By: Lafferty/ Landcastle, LLC, a California Limited Liability Company B Y as General Partner. vino, Director Plan n and Development Department vy- APPROVED AS TO FORM: ck L y, Managing Member HILDA CANTO MONTOY City Attorney (Attach Notary Acknowledgment) By C—�C� Dep y K:\Louisr\FT 4598\FM-4598 Agreement Early Model" Home v07-02-04.wpd FFS 2-1-05 a. `9 r. t . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of a County of l:cn3ra l`oAa On _&a':A_ \3. QOd5 before me, 0 aro\ `:_ItZrn , DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC- personally appeared L U NAME(S)OF SIGNER(S) 2—personally known to me - OR - ❑:proved to me on the basis of satisfactory evidence to be the person(s) whose name(,-) is/ar subscribed to the within instrument and ac- knowledged to me that he/sheAhey executed the same in his/he0their authorized capacity(i$e), and that by his/heNth94 CAROL BROWN signature(s) on the instrument the person(s), CORAM #1300204 NOTARY ptMM.MtFORMA � or the entity upon behalf of which the coNrnA COSTA couNnr � u ccmm.E .AIRIL27,zoos person(} acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ❑ CORPORATE OFFICER c v TITLE(S) TITLE OR TYPE DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL �o ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA91309.7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s State of olra, _ County of L�kt_a lO.n_Az On e \K b _ , �0�5 before me, �^ Dare Name and Title of Officer(e.g.,"Jane Doe.Notary Public.,) 1> i; personally appeared eAN ". ame(s)of Signer(s) r L2 ersonally known to me ❑ proved to me on the basis of satisfactory evidence �i i to be the person(efi whose name(s)is/a;a subscribed to the i within instrument and acknowledged to me that he/_RheA0ay i CAROL BROWN executed the same in his/herthei;authorized ca aci COMM.�.�soo2oa P tY(�as), N=AWPt"NX*CAUFORNIA and that by his/ha th4ir signature(.$) on the instrument the i coNM COSTA COUNTY Comm.E .APRIL 27,2005 Person(�,or the entity upon behalf of which.the persons) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not.required by law,it may prove valuable to persons relying on the document and could prevent I fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: -6. abbe Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General l ❑ Attomey-in-Fact ❑ Attomey-in=Fact ❑ Trustee ❑ Trustee _ ED Guardian or Conservator ❑ Guardian or Conservator 7j Other: f Top of thumb here Li Other: Top of thumb Here J Signer Is Representing: Signer Is Representing: 1996 Nauonal Norary v ssocianorn•8236 Remmet Ave..P.O.hoz 7184•Canopa Park,CA 91304-71*< Prc .No.590- R90=7r Cali Toll-gree 800-876-68Z- CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) s CITY OF FRESNO ) On May 11, 2005, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P.Yovino,Planning and Development Director, known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 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 City Seal. REBECCA E. KL ISCH, CMC CITY CLERK By cvN � Deputy May 11,zoos(1:44pm) q . yScl K 'V-A SNZ, CA SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on JUL4 �b , "LC\NH , in the office of the Fresno County Recorder as Document NoAW901V]bO3 of which the Deed of Trust in by and between: 1 6aU-N-1`1 C -D CT PQES � L,F A T.11AV ,RM LLC4f UE-Is WMAES'Nklf, as Trustor, FT`1 as Trustee, andC)OM VnAkkL i A41=t��^121'�l.SA/INCA F-L)V&LV-- as Beneficiary, hereby expressly subordinates said Deed-of Trust and its beneficial interest thereto to the foregoing Agreement For Early Issuance of Model Home Building Permits . DATED: - ( , 20 0 BENEFICIARY By: ► � �,� -6, r` (Beneficiary to print/type Name,Title and attach Notary Acknowledgment) a,� 1 CALiFORN1A ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Bernardino ISS. On March 17, 2005, before me, Thanhliem Brenda Le, Notary Public, personally appeared Victor P. Bessette, ® personally known tome ❑ proved to me on the basis of satisfactory evidence • to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the THANHLIEWTIRENDA LE instrument the person, or the entity upon behalf Commission# 1398188 of which the person acted, executed the -� Notary Public—California_ instrument. Son Bernordino County My Comm,Expires Feb 4, WITNE my hand a ofKial seal. Place Notary Seal Above Signatur o ary Public -4OPTIO Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Subordination(Lafferty GDCI Fresno L.P.) Document Date: n/a Number of Pages: 1 Signer Other Than Named Above: Gary L.Arnett Capacity Claimed by Signer. Signer's Name: Victor P.Bessette OF SIGNER 4 1 ❑ Individual Top of thumb here ® Corporate Officer--Title: Vice President ❑ Partner--❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Ohio Savings Bank Signer's Name: ❑ Individual OF SIGNER 4 2 ❑ Corporate Officer--Title: Top of thumb here ❑ Partner-- ❑ Limited ❑ General ❑ Attorney in Fact - ❑ Trustee ' ❑ Guardian or Conservator ❑ Other: Signer Is Representing: *'a t r 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Bernardino }SS. On March 17, 2005, before me, Thanhliem Brenda Le, Notary Public, personally appeared Gary L Arnett, personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me THANKIEW SNDA LE that he executed the same in his authorized Commission# 198188 capacity, capacity, and that by his signature on the Notary Public— instrument the person, or the entity upon behalf Son Bernardino County r of which the person acted, executed the n,F�iresFeb4,2007 instrument. MY WITNE my hand a d o ci al. Place Notary Seal Above Signature.of Not ublic OPT/ Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Subordination(Lafferty GDCI Fresno L.P.) Document Date: n/a Number of Pages: 1 Signer Other Than Named Above: Victor P. Bessette Capacity Claimed by Signer Signer's Name: Gary L. Arnett OF SIGNER# I ❑ Individual Top of thumb here ® Corporate Officer--Title: Vice President ❑ Partner--❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Ohio Savings Bank Signer's Name: OF SIGNER�2 ❑ Individual ❑ Corporate Officer--Title: Top of thumb here ❑ Partner--❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: