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Home My WebLink AboutT-4664 - Agreement/Covenant - 8/17/2006 RECORDED W 0-�RECORDS� 95160195 FRE Oum,CALIF AT,-- 1-:IN PASET + M DEC 14 1995 PLEASE COr�!'C0F0A W'UIR,)C.GREENWOODECamtyF NWW Recorder ............ ABOVE SPACE FOR RECORDER'S USE:: AGREEMENT FO EARLY ISSUANCE OF BUILDING PERMIT City of Clftcdmiko "N"/- rnc�.. ,b. DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 937213604 (209) 498-1591 Tract No. 4664 Phase I of Tentative Tract No. 4664 P.W. File No. 9760 UGM No. 537 THIS AGREEMENT is made this % -1 4 day of , 19 by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and LIDDELL RANCHES, INC., a California Corporation, 7800 North Polk Avenue, Fresno, California 93722 hereinafter designated and called the("Owner")and McCAFFREY DEVELOPMENT, L.P., a California Limited Partnership, P.O. Box 16369, Fresno, California, 93755, hereinafter designated and called the ("Developer"). Agreement for Early Issuance of Building Permit Tract No. 4664/UGM 537 Page 2 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 located on the north side of West Alluvial Avenue between North Polk and North Milburn Avenues; and B. The Owner/Developer intends to construct a residential development on said Subject Property; and C. The Owner/Developer has filed and the City has approved Tentative Tract Map No. 4664 and Owner has filed a final tract map; and D. Owner/Developer has filed building plans and has requested that the City issue building permits for model homes on said Subject Property (Lot Number: 66 through 69 with corresponding addresses: 5034, 5036, 5042, and 5054 West Athens Avenue respectively; and E. 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. F. 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. Agreement for Early Issuance of Building Permit Tract No. 4664/UGM 537 Page 3 G. 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. H. It is extremely important to the Owner and the Developer that the building permits be issued as soon as possible; and I. The action on the Final Tract Map No. 4664 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 I 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. Agreement for Early Issuance of Building Permit Tract No. 4664/UGM 537 Page 4 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, 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 Four Thousand and 00/100 Dollars ($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. Agreement for Early Issuance of Building Permit Tract No. 4664/UGM 537 Page 5 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: Major Facilities Fees 4 units @ $400/units $1,600.00 Waste Water Facilities Charge 4 lots @ $1,910.00/lots $7.640.00 Total Fees and Charges Due with this agreement $9,240.00 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, Agreement for Early Issuance of Building Permit Tract No. 4664lUGM 537 Page 6 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: CITY OF FRESNO, OWNER a Municipal Corporation -- , LIDDELL RANCHES, INC., a California Corporatio .By Mvi Solis, Director Development Department By: Andy Yl#eh,l Pre 'dent APPROVED AS TO FORM: DEVELOPER HILDA CANTfJ MONTOY McCAFFREY DEVELOPMENT, L.P., Ci ornea California Limited Partnership By: y Robert A. McCaffrey, Q&efal Partner Deputy By: wren McCaff y, Go* P er (Attach Notary Acknowledgment) Agreement for Early Issuance of Building Permit Tract No. 4664/UGM 537 Page 7 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On a/l q , 1995, before me, C personally appeared P So-� � personally Known to me ( r provided to me on the basis 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 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 seal. JACQUELINE L. RYLE, CMC CITY CLERK By Ct-, � DEPUTY cAwp51\b I M4664ma.doc (11/17/1995) DESCRIPTION A PORTION OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED, DESCRIBED FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THAT PARCEL DEEDED TO THE COUNTY OF FRESNO, RECORDED JUNE 2, 1930 IN BOOK 1091, PAGE 104 AS DOCUMENT NO. 14877, FRESNO COUNTY RECORDS AND THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 1 DEG. 01' 35" EAST, ALONG THE WEST LINE OF SAID PARCEL DEEDED TO THE COUNTY OF FRESNO, A DISTANCE OF 1084.40 FEET TO THE INTERSECTION WITH A NON TANGENT CURVE, CONCAVE TO THE SOUTHWEST, WHOSE RADIUS POINT BEARS NORTH 36 DEG. 05' 19" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 47.00 FEET, THROUGH A CENTRAL ANGLE OF 52 DEG. 27' 44", AN ARC DISTANCE OF 43.04 FEET; THENCE NORTH 50 DEG. 20' 10" EAST,A DISTANCE OF 116.12 FEET; THENCE SOUTH 1 DEG. 01' 35" WEST,A DISTANCE OF 6 10.10 FEET; THENCE SOUTH 88 DEG. 58' 25" EAST, A DISTANCE OF 125 FEET THENCE NORTH O1 DEG. 01' 35" EAST, A DISTANCE OF 40.37 FEET; THENCE SOUTH 89 DEG. 26' 48" EAST,A DISTANCE OF 720.58 FEET; THENCE NORTH 0 DEG. 331 12" EAST,A DISTANCE OF 125.00 FEET; THENCE NORTH 89 DEG. 26' 48" WEST, A DISTANCE OF 48.68 FEET; THENCE NORTH 0 DEG. 331 12" EAST, A DISTANCE OF 125.00 FEET; THENCE SOUTH 89 DEG. 261 48" EAST, A DISTANCE OF 120.00 FEET; THENCE NORTH 77 DEG. 02' 35" EAST, A DISTANCE OF 90.52 FEET; THENCE NORTH 51 DEG. 03' 46" EAST, A DISTANCE OF 90.00 FEET; THENCE SOUTH 38 DEG. 56' 14" EAST, A DISTANCE OF 101.61 FEET; THENCE NORTH 51. DEG. 03' 46" EAST, A DISTANCE OF 177.43 FEET; THENCE SOUTH 39 DEG. 08' 54" EAST, A DISTANCE OF 425.82 FEET TO THE INTERSECTION WITH A TANGENT CURVE, CONCAVE TO THE SOUTHWEST THENCE SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 700.00 FEET , THROUGH A CENTRAL ANGLE OF 39 DEG. 40' 49% AN ARC DISTANCE OF 484.79 FEET; THENCE SOUTH 0 DEG. 31' 55" WEST, A DISTANCE OF 150.00 FEET; THENCE NORTH 89 DEG. 28' 05" WEST, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 793.23 FEET; THENCE NORTH 89 DEG. 26' 48' WEST, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1028.83 FEET TO THE POINT OF BEGINNING. EXHIBIT "A" c:\wp51\bio\ft4664nn.doc (11/17/1995) ALL-PURPOSE ACKNOWLEDGMENT State of Montana ) County of � loDE OnV�rrmbe , 1995, before me, , Notary Public, personally appeared, per ally kno to me OR ❑ proved to me on the basis of satisfacto evidence to be the person whose name is subscribed to the wit in instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and off ici 1. Signature o otary * * * 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 L ED BY.,$iC"rNER S��rNER IS PXPR NTI1�1 G INDIVIDUAL NAME OF PERSON(S) CORPORATE OFFICER (Titles): OR ENTITY(IES): PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DESCRIPTIQN OF ATI`A. D DOCUMENT; TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: DATE OF DOCUMENT: SIGNERS) OTHER THAN NAMED ABOVE: ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of Fresno ) On December 5 , 1995, before me, Vicki K. Washer , Notary Public, personally appeared Robert A. McCaffrey & Karen ;4cCaffx fel 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. VICKI K.WASHER Go, Commission#IOSS6d0 iNotary PL"Ic-COMMIa ignature of Notary FRESNO COUNny Comm.Ex:Afw Aug 16.1999 * * * OPTIONAL Jr 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 CSD �X GNER IG�TER kS REPRFS TIN.. INDIVIDUAL NAME OF PERSON(S) CORPORATE OFFICER (Titles): OR ENTITY(IES): PARTNER(S) LIMITED X X GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DESCRIPTION QF ATTACHED DC)CUMENT TITLE OR TYPE OF DOCUMENT: A rmt for Early Issuance of Bldg Permit NUMBER OF PAGES: DATE OF DOCUMENT- SIGNER(S) OTHER THAN NAMED ABOVE: Tract No. 4664 P.W. File No. 9729 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 26, 1995, in the office of the Fresno County Recorder in Book 7060, Page 581 as Document No. 68517 of which the Deed of Trust in by and between Liddell Ranches, Inc., a California Corporation, as Trustor, Chicago Title Company, a California. Corporation, formerly known as Safeco Tide Insurance, as Trustee, and Norman J. Liddell, and Iola M. Liddell, husband and wife as community property, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Agreement for Early Issuance of Building Permit for Tract No. 4664/UGM 537, Phase I of Tentative Tract No. 4664. DATED: I Z l e+ , 1925 By: Andy L. L d ll for himself and as authorized agent and representative for Norman J. Liddell, Patricia A. Wright and Brenda S. Wolfe, Assignees per assignment of Deed of Trust recorded January 31, 1983, Document No. 83008414 (Attach Notary Acknowledgement) ' r ALL-PURPOSE ACKNOWLEDGMENT State of Montana ) ) County of On 1995, before me, Notary Public, personally appeared, 0 persona known to VOR ❑ proved to me on the basis of satisfactory ence 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 instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and offic' seal. Signature Ilu otary * * * 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 CLAIIVtEf)E YYGNER1. SIGNER IS PRESENTG INDIVIDUAL NAME OF PERSON(S) CORPORATE OFFICER (Titles): OR ENTITY(IES): PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: T]ESCRIPTION OF ATTACHED LIOCUMENT. TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: DATE OF DOCUMENT: SIGNERS) OTHER THAN NAMED ABOVE: