HomeMy WebLinkAboutT-4677 - Agreement/Covenant - 8/17/2006., 95137240 W OFfl RECORDS of 11
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ABOVE SPACE FOR RECORDER'S USE:
AGREEMENT
FOR
EARLY ISSUANCE OF BUILDING PERMIT
City of
DEVELOPMENT DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3604
(209) 498-1591
Tract No. 467'7
Phase I of Tentative Tract No. 4677
P.W. File No. 9729
UGM No. 536
THIS AGREEMENT is made this o�Sff�day of
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the
"City," and Golden Dawn-Fresno, L. P., a California Limited Partnership, 16830 Ventura Blvd., Suite
352, Encino, California 93722 hereinafter designated and called the ("Owner") and ("Developer").
Agreement for Early Issuance of Building Permit
Tract No. 4677/UGM 536
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 East Kings
Canyon Road between North Fowler and North Temperance 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.
4677 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: 52 through 59 with
corresponding addresses: 6453, 6465, 6477, 6489, 6478, 6466, 6454, and 6442 East Mono 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. 4677/UGM 536
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. 4677 by the Council of the City of Fresno is
not expected to be finalized for up to one hundred twenty (124) 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 (124) days of the execution of this Agreement,
then the Owner and Developer shall, within ten (14) 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. 4677/UGM 536
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 Eight Thousand and
00/100 Dollars ($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.
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. 4677/UGM 536
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
8 units @ $400/units $3.200.00
Total Fees and Charges Due with this agreement $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 is finalized, the foregoing deposit shall be returned to the Owner/Developer and this
Agreement for Early Issuance of Building Permit
Tract No. 4677/UGM 536
Page 6
covenant shall be of no further force and effect.
DATED: t o s- le?
s
CITY OF =SNO(, OWN I;UDEVELOPER
a Municipapo ` n
GOLDEN DAWN-FRESNCI', L.P.,
a California limited partnership
By �` By: Golden Dawn-Fresno General Partner, L.P.,
Alvin P. Solis, Director
Development Department a California limited partnership, General Partner
By: Hearthstone Advisors, Inc.,
aCalif is corporation, General Partner
APPROVED AS TO FORM: eter Zakar, Sr. President
HII.DA CANTO MONTOY
7ByC
Deputy
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Los Angeles
On September 19 , 1995 before me V.A. Weglowski
DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC
personally appeared Peter Zakar
NAME(S)OF SIGNER(S) r
C 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 ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
V.A.W-GLOW90 t signature(s) on the instrument the person(s),
Copal.s loam
NafaryPublc—CdManlo - or the entity upon behalf of which the
LOS A 88 COUNTY
WComm.Egk«NC 31%1M person(s) acted, executed the instrument.
PNWNW
I ES my h d and official seal.
J .
SIGN T RE 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
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ 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,CA 91309.7184
Tract No. 4677
P.W. File No. 9729
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded
on April 27, 1995, in the office of the Fresno County Recorder as Document No. 95151104 of which
the Deed of Trust in by and between Golden Dawn-Fresno, L.P., a California Corporation, as Trustor,
Central Title Company, a California Corporation, as Trustee, and Residential Funding Corporation, a
Delaware Corporation, 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. 4677/UGM 536, Phase I of Tentative Tract No. 4677.
DATED: ��� 17 , 19
Residential Funding Corporation, a Delaware Corporation,
as Beneficiary
By:
er6gory B. Schultz
By:
Managing Director
(Attach Notary Aeimowledgement)
Y
STATE OF NIINNESOTA )
ss.
COUNTY OF HENNEPIN )
On A 19 bc fore me , personally
appeared _ personally known to me (or proven to me on the
basis of satisfactoryevi ence)to be the person whose name(4 ams subscribed to the within
instrument and acknowledged to me that helsWtky executed the same in hi~tkeir authorized
capacity, and that by his/l r tkeir signature(49�the instrument the person(A or the entity upon
behalf of which the person(„acted, executed the instrument.
WITNESS my hand and official seal.
Signature zLL(SEAL)
E Afvvllk ------- ---- -
AtM MARILYN K. HI3000K
NOTARY PUBLA-MI 0MOTA
ISS
MY COMMION e7WM 14M4M
Agreement for Early Issuance of Building Permit
Tract No. 4677/UGM 536
Page 7
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On Octibber 25 1995, before me, Elvia Sonmrville
personally appearedAlvin P. Solis, De elgmtnt lairpersonally known to me (or provided to me on the
basis of satisfactory evidence) to be the personsW whose name(,q is/are- subscribed to the within
instrument and acknowledged to me that heAshe -executed the same in his/-herfthci authorized
capacity(jag, and that by his!# Mheit►signature('on the instrument(ss the persons , or the entity upon
behalf of the CITY OF FRESNO of which the person(a'I acted, executed the instrument.
WITNESS my hand and official seal.
JACQUELINE L. RYLE, CMC
CITY CLERK
By
DEPUTY
c:\wp51\bi11\ft4677=.doc (09/08/1995)
DESCRIPTION
All that portion of Parcel 1 of Parcel Map No. 5387, in the City of Fresno, County of Fresno, State
of California, according to the map thereof recorded in Book 36, Page 66 of Parcel Maps, Fresno
County Records, described as follows:
Beginning at the Southwest corner of said Lot 1; thence North 00°04'23" East, along the West line of
said Lot 1, a distance of 1031.49 feet; thence South 89°55'37" East, a distance of 188.97 feet; thence
South 54°41'32" East, a distance of 517.23 feet; thence South 75°46 29" East, a distance of 56.00 feet;
thence Southwesterly along a curve, concave to the Southeast, whose radius point bears South
75°46'29" East, having a radius of 222.00 feet, through a central angle of 11°11'51" a distance of
43.39; thence South 86058120" East, a distance of 100.00 feet; thence South O°12'58" West, a distance
of 65.00 feet; thence North 89049'00" East, a distance of 216.57 feet; thence North 63045'23" a
distance of 155.94 feet; thence North 53018'58" East, 55.00 feet; thence Southeasterly along a curve,
concave to the Southwest, whose radius-point bears South 53°18'58" West,-having a radius of 800.00
feet, through a central angle of 36030'02", an arc distance of 509.64 feet; thence South 01°11'00" East,
a distance of 228.36 feet to the South line of said Parcel 1, thence South 89049'00" West, Along the
South line of said Parcel 1, a distance of 1319.49 feet to the point of beginning.
EXHIBIT "A"
c:\wp51\bill\ft4677ma.doc (09/08/1995)