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Home My WebLink AboutT-4606 - Agreement/Covenant - 8/18/2006 � 9401230 � CITY OF FRESNO 1 .. REC RESER ICOUNTYAL RECORDS NIA Or DEVELOPMENT DEPARTMENT AT�,MIN PAST�1 2600 Fresno Street FRESNO CA 93721-3604 APR 2 8 1994 WILLIAM C.GREENWOOD FEE PLEASE CONFORM County Recorder $ / -------------------ABOVE SPACE FOR RECORDER' S USE------------------- P.W. File No . 9588 Development Department APN: 481-030-19 City of Fresno AGREEMENT FOR EARLY ISSUANCE OF BUILDING PERMITS For THIS AGREEMENT is made by and between the CITY OF FRESNO, hereafter "CITY" and MINNEWAWA RANCH L.P. , 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 east side of South Peach Avenue between East Church and East Jensen Avenues ; and B. 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 instrument ; and 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 Property; and Agreement/Early Issuance of Building Permit Tract No . 4606 Page 2 E. The Owner/Developer has filed and the City has approved Tentative Tract Map No . 4606 and Owner anticipates filing a final tract map in the near future; and F. Owner/Developer has filed and the Planning Commission has approved a Conditional Use Permit (C-94-09) for a Planned Development; and G. Owner/Developer has filed building plans and has requested that the City issue building permits for model homes on said Subject Property .y .11.3# 1,14, am'd-.1115) ; and H. 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. I . 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 . J. 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. K. It is extremely important to the Owner/Developer that the building permits be issued as soon as possible; and Agreement/Early Issuance of Building Permit Tract No . 4606 Page 3 L. The action on the Final Tract Map No. 4606 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 from any claims , lawsuits , costs , liability, damages or expenses , Agreement/Early Issuance of Building Permit Tract No . 4606 Page 4 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 $4 , 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. 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 . 4606 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 Fees 4 units @ $400 . 00/unit $1, 600 . 00 (b) Wastewater Facilities Sewer Charge 4 units @ $1, 700 . 00/unit =$8,400 .00 �pw These fee obligations are based on fee rates currently in effect . The Owner/Developer shall be responsible to pay the fee obligation based on the fee rates in effect . on the date the Final Map of Tract 4606 is approved by u the City Council . Any such fee differential shall be paid as a condition of final map approval . 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. 4606 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: f�Pi2/L 9 9 CITY OF FRESNO, OWNER/DEVELOPER a Municipal Cor or t on MINNEWAWA RANCH L.P. , a California Limited Partnership By as General Partner Alvin P. Solis, Director Development Department By: Wat=vinV-.-�-�stano's I c. , a Cala ion APPROVED AS TO FORM: By: J S P. LOU H Cit AMTLOU Presid nt By Deputy ATK:crm LAND430/+6839 GL2 L10 (Attach Notary Acknowledgment) ' Agreement/Early Issuance of Building Permit Tract No. 9606 Page 7 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On � Z-?- 1999 , before m , personally appeared personally known to me (or provided to me on the basis of satisfactory evidence) to be the persons(f) whose name(X) is/ate subscribed to the within instrument and acknowledged to me that he/ executed the same in his% authorized capacity(iem) , and that by his/ signature(() on the instrumento () the person(') , or the entity upon behalf of the CITY OF FRESNO of which the person(,) acted, executed the instrument . WITNESS my hand and official seal . JACQUELINE L. RYLE, CMC CITY CLERK By DEPUTY ATK:crm:LAND430/+6839 GL2 L10 STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On this 5th day of April, 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 'c i and for said State pOMIMANOM ��AW1 CO�MIr Como M�, MAR21,1Nf Tract No . 4606 P.W. No . 9588 EXHIBIT "A" Tract 4606 (For Early Issuance of Building Permits) PROPERTY DESCRIPTION The portion of the West half of Section 17, Township 14 South, Range 21 East , Mount Diablo Base and Meridian, according to the Official Plat thereof, described as follows : COMMENCING at a point on the West line of Section 17, 1331. 8 feet Northerly from the Southwest corner thereof which point is further described as being that designated in the field notes of a survey attached to a certain agreement between Miss M.D. Eschelman, Algernon Carey, A.E. Way and J.M. Garret, recorded December 10, 1890 in Book M of Covenants at Page 318, et seq. , in the office of the County Recorder of said County; thence South 89' 55 ' East, 1351.75 feet, along the lines set forth in the above mentioned agreement, to a point; thence North 0' 52 ' West, along the line specified in said agreement, a distance of 966 .3 feet, to a point ; thence Westerly, parallel with the South line of said parcel, a distance of 1352 . 67 feet, a little more or, to a point on the West line of said Section 17; thence Southerly, along the West line of Section 17, a distance of 966 . 3 feet to the POINT OF COMMENCEMENT. EXCEPTING therefrom that portion lying North of a line which is parallel with and 642 .00 feet Southerly of the North line of the South half of said Section 17. ALSO EXCEPTING therefrom one-fourth of all oil, gas and other hydrocarbon substances which may now or hereafter be in or under or produced from the said property, and the rights thereto, as reserved by Arthur Anderson, et al , in Deed recorded November 5 , 1948, in Book 2690, Page 92 of Official Records. ATK:crm LAND430/+6839