HomeMy WebLinkAboutT-4603 - Agreement/Covenant - 8/18/2006 ,urMT: 94029146
C1TY OF FRESNO
�vffi.orxr n�►ruetr RECORDED IN OFFICIAL RECORD§OF
un h..estnd F COUNTY CAU
re�xo CA WMI36M AT MIN PAST M
FEB 2 31994
WILLIAM C.GREENWOOD FEE
County Recorder $
PLEASE CONFORM----ABOVE SPACE FOR RECORDER' S USE-------------------
raft No. 4603, Lots : 17, 18, Development Department
9, 221, 23 , 27, 29, and 30 City of Fresno
P.W. File No . 9637
APN: 301-081-40 and 41
Addresses :
A G R E E M E N T
(For Early Issuance of Building Permit)
(Phase IV of Tentative Tract No. 4480)
THIS AGREEMENT is made by and between the CITY OF FRESNO,
hereafter "City" and THE HIGHLANDS AT FORT WASHINGTON, a California
Limited Partnership, hereafter "Owner" and "Developer . "
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 north side of East Behymer Avenue between North Cedar and
North Maple Avenues; and
S . The Owner 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 instalment; and
C. all such instruments of Subordination, if any, are attached
hereto and ;Wade a part of this instrument; and
Agreement/Early Issuance of Building Permit
Tract No. 4603
Phase IV of Tentative Tract No. 4480
Page 2
D. The Owner/Developer intends to construct a residential
development on said Subject Property; and
E. 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
F. Owner/Developer has filed building plans and has requested
that the City issue building permits for model homes on said Subject
Property (Lots Nos: 17, 18, 19 , 22, 23 , 27, 29 and 30) ; and
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 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 Owner and the Developer
that the building permits be issued as soon as possible; and
Agreement/Early Issuance of Building Permit
Tract No . 4603
Phase IV of Tentative Tract No . 4480
Page 3
K. The action on the Final Tract Map No. 4603 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 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 and Developer shall hold
harmless and defend the City, its officers, employees and agents
Agreement/Early Issuance of Building Permit
Tract No. 4603
Phase IV of Tentative Tract No. 4480
Page 4
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 $8 . 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.
S . 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.
Agreement/Early Issuance of Building Permit
Tract No. 4603
Phase IV of Tentative Tract No. 4480
Page 5
8 . The Owner/Developer has remitted those development fees due
as a condition of approval of this Agreement as follows:
(a) Major Facilities Charge
8 units @ $400 .00/unit $3 ,200 .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 tract map
Agreement/Early Issuance of Building Permit
Tract No . 4603
Phase IV of Tentative Tract No. 4480
Page 7
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
On 199, , before me,
- ,
personally app' ared ersonally
known to me (or provided to me on the basis of satisfactory evidence)
to be the persons(4 whose name(A) is/aEe--subscribed to the within
instrument and acknowledged to me that he/sheA`_y executed the same
in his/;.Q;4 bheir-- authorized capacity(44es-) , and that by his/h-V.4the-i
signature() on the instrument(,0 the person(X) , or the entity upon
behalf of the CITY OF FRESNO of which the person(,g) acted, executed
the instrument .
WITNESS my hand and official seal .
JACQUELINE L. RYLE, CMC
CITY CLERK
By Ct y _G�L�.�- ��ct r�, t
9EPUTY
LR:crm
LAND425/+6744
GL2 L10
Agreement/Early Issuance of Building Permit
Tract No . 4603
Phase IV of Tentative Tract No . 4480
Page 6
is finalized, the foregoing deposit shall be returned to the
Owner/Developer and this covenant shall be of no further force and
effect.
DATED: �86&Z 1 a
CITY OF FRESNO, OWNER/DEVELOPER
a Municipal Corp ation
THE HIGHLANDS AT FORT
ByWASHINGTON, a California
Alvin Solis, Director Limited Partnership
Development Department
APPROVED AS TO FORM: By: Wathen-Castanos, Inc. , a
California Corp ation,
ES P. LOU H r� as General Pa to r
City A orne,
By',"] By:
Deputy K vi J. Castanos --"
Pres
Presi n
STATE OF CALIFORNIA
= COUNTY OF S.S.
On V 9 /9 f before me.
iL �--�
a Notary Public in and for said County and State.personally appeared FOR NOTARY SEAL OR STAMP
personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s)islare subscribed to the
within instrument and acknowledged to me that he/shelthey executed
the same in his(hernheir authorized capacity(m).and that by his/her/their
signature(s)on the instrument the person(s).or the entity upon behalf AIIJA E OLV80TACM
of which the person(s)acted. executed the instrument. CC*AK#9971
iNot9tY PUNC—caifomia
WITNESS my hand and official seal I fREMO COUNPI
Comm.=+mirror`AAR 21.1997
I
Signature ! �
r
Tract No . 4603/UGM 479
Phase IV of Tentative Tract No . 4480
P.W. No . 9637
EXHIBIT A
The Subject Property referred to in these covenants is situated in
that portion of the Southeast quarter of Section 14 , Township 12
South, Range 20 East, Mount Diablo Base and Meridian, in the City of
Fresno, County of Fresno, State of California, described as follows :
BEGINNING at the Southeast corner of said Section 14 ; thence North
890 53 ' 37" West, along the South line of the Southeast quarter of
said Section 14 , a distance of 713 . 76 feet to the TRUE POINT OF
BEGINNING.
Thence North 890 53 ' 37" West, continuing along the South line of
the Southeast quarter of said Section 14, a distance of 1,340 . 90
feet; thence North 000 06 ' 23" East, a distance of 761 . 00 feet;
thence South 890 53 ' 37" East , a distance of 598 . 99 feet; thence
South 00' 15 ' 01" West, a distance of 35 . 00 feet; thence South 890
53 ' 37" East, a distance of 43 . 10 feet to the beginning of a 505 .00
foot tangent curve, concave to the North; thence Easterly, along said
curve, through a central angle of 250 49 ' 31" an arc distance of
227 . 62 feet; thence non-tangent to said curve, South 000 06 ' 23"
West, a distance of 188 . 44 feet; thence South 890 53 ' 37" East, a
distance of 321 . 00 feet; thence South 000 06 ' 23" West, a distance of
94 . 66 feet; thence South 450 06 ' 23" West, a distance of 17. 45 feet;
thence South 000 06 ' 23" West, a distance of 50 . 00 feet ' thence South
440 53 ' 37" East, a distance of 17 .45 feet; thence South 000 06 ' 23"
West, a distance of 139 . 02 feet; thence South 89' 53 ' 37" East, a
distance of 50. 00 feet; thence North 450 06 ' 23 East, a distance of
17 . 46 feet ; thence South 890 53 ' 37" East, a distance of 98 . 77 feet;
thence South 000 44 ' 14" West, a distance of 292 . 00 feet to the TRUE
POINT OF BEGINNING.
LR:crm
LAND425/+6744