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Home My WebLink AboutT-4629 - Agreement/Covenant - 8/17/2006 "KrU`"T°° 94004805 CITY OF FRESNO RECORDED IN OFFICIAL RECORDS OF DEVEWPMENT DEPARTMENT FRESC ,CALF zsoo Fano ser«c AT MI PAST FRESNO CA 93n1-s604 J Q N 11 1994 lir�LWd C.GREENWOCO FEE p1.1=ti►3� CONF09MCounty Recorder $� -------------------ABOVE SPACE FOR RECORDER'S USE----------- - Troct No. 4629 Development Department Lots : 19, 20, 32, 33 , 36 and 37 City of Fresno P.W. File No . 9632 APN: 415-030-19 , 44 and 45 A G R E E M E N T (For Early Issuance of Building Permit) THIS AGREEMENT is made by and between the CITY OF FRESNO, hereafter "CITY" and WATHEN-CASTANOS, Inc. , a California Corporation, 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 at the southeast corner of North Forkner and West Bullard 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 developmenr on said Subject Property; and Agreement/Early Issuance of Building Permit Tract No. 4629 Page 2 E. The Owner/Developer has filed and the City has approved Tentative Tract Map No . 4629 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 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 (Lots : 19 , 20, 32 , 33 , 36 and 37) ; 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 . 4629 Page 3 L . The action on the Final Tract Map No . 4629 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 prom any claims , lawsuits , costs , liability, damages or expenses, Agreement/Early Issuance of Building Permit Tract No. 4629 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 $6, 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 . 4629 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 6 units @ $200 . 00/unit $ 1, 200. 00 (b) Wastewater Facilities Sewer Charge 6 units @ $1, 700 . 00/unit $10,200 . 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 . 4629 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: J- J 95 4- --r CITY OF FRESNO, OWNER/DEVELOPER a Municipal Corporation WATHEN - CASTANOS, INC. , G� a Californi Co po tion By Alvin P. Solis, Director Development Department By Kevin J. tanos, Pre dent APPROVED AS TO FORM: J S LOU H ity Att me By (Attach Notary Acknowledgment) D ty LR:dlk:crm LAND/+6661 GL2 L10 Revised: 12/21/93 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.s State of Ct21i-Fnrni OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of Fe.Srb Though statute does not require the Notary to till in the data below, doing so may prove invaluable to persons retong on the document. On�2 ��`� before me, c'��a �- �t:Chlrorr� (�t'�ra-�' ,IJLLc DATE NAME.TITLE OF OFFICER-E.G..-J NE DOE.NO Y PUBLIC- ❑ INDIVIDUAL I��'�l r1 CORPOR_A'T�E—OFFICERS) personally appeared NAME(S)OF SIGNER(S) �e TITLE(S) personally known to me- OR - ❑ PARTNER(S)proved to me on the basis of satisfactory evidence ❑ ❑ LIMITED to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) PrATiNOAA the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR . � capacity(ies), and that by his/her/their OTHER: t� 1 � /1A1C-dtiawo►P signature(s) on the instrument the person(s), ~ �a��11110 � V or the entity upon behalf of which the person(s) acted, executed the instrument. SIGNER IS REPRESENTING: WITNESS my hand and official seal. NAME lOIFPERSON(S)ORENTITY(IES) ICL�'�ClYll`(S`=rvc SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT C� 'rp�t^c�rit THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES SCOen DATE OF DOCUMENT S2 JZ3/9.3 Though the data requested here is not reoured by law. it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVECLIUt D R f,�oU S . arne S 9- La jj; 1Jn ®1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184-Canoga Park,CA 91309-7' No.5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons retying on the document. r7 INDIVIDUAL CORPORATE OFFICER(S) — A'esic4er�t TITLE(S) ice ❑ PARTNER(S) LIMITED are GENERAL ac- ❑ATTORNEY-IN-FACT Ited ❑TRUSTEE(S) !ed GUARDIAN/CONSERVATOR l ) (SS) OTHER: I , the SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) (,lxi��'letl-CCLS�'G r1r�S�r1C tnt DOCUMENT {2f 93 P Soles s Jam s P Lit �, i Plemmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184 Agreement/Early Issuance of Building Permit Tract No . 4629 Page 7 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On January 7th 1993 , before me, Cindy Hamby personally appeared Alvin Solis, Development Director personally known to me (or provided to me on the basis of satisfactory evidence) to be the persons( f) whose name($) is/are subscribed to the within instrument and acknowledged to me that he/ he,4tney. executed the same in his/heT - authorized capacity( }, and that by his/*'af4the signature(,g) on the instrument(i) the person(,g) , 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 PUTY LR: dlk:LAND/+6661 GL2 L10 Tract No . 4629 P.W. No . 9632 EXHIBIT "A" The Subject Property referred to in this Agreement is situated in the State of California, County of Fresno, City of Fresno and is described as follows : PARCEL 1 : Parcel 1 of Parcel Map No . 3087, according to the map thereof recorded in Book 20, Page 54 of Parcel Maps, Fresno County Records . PARCEL 2 : Parcel 2 of Parcel Map No . 3087, according to the map thereof recorded in Book 20, Page 54 of Parcel Maps, Fresno County Records. PARCEL 3 : Lot 31 in Section 7, Township 13 South, Range 20 East, Mount Diablo Base and Meridian, according to the map of Bullard Lands Irrigated Subdivision No. 2 , according to the map thereof recorded in Book 9, Page 15 of Record of Surveys, Fresno County Records . LR:crm LAND423/+6661