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Home My WebLink AboutT-4704 - Agreement/Covenant - 8/17/2006 R&TtntN CITY of OF Im MEOW ORM o I 13 1934 ERVEMMM DhSAR'1NOa F(_SN T UN Fra o&red AT PAS FRMO CA"M-3"4 OCT 2 7 rigs WILLIAM C. GREENWOOD Fj Cowty Recorder S PLEASE CONFORM ABOVE SPACE FOR RECORDER'S USE AGREEMENT FO EARLY ISSUANCE OF BUILDING PERMIT City of leoamnimiks "Nilz rnc_W:-. .,�. DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3604 (209) 498-1591 Tract No. 4704 A PLANNED DEVELOPMENT P.W. File No. 9809 UGM No. 557 THIS AGREEMENT is made this o20 day of G,4- 7y B 6-A_ , 19 9S, by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter designated and called the "City," and HERITAGE MANOR HOMES, a California Corportion, hereinafter desigated and called the ("Owner"), HABITAT FOR HUMANITY FRESNO, INC., a California Non-Profit Public Benefit Corporation, P.O. Box 742, Fresno, California, 93712, hereinafter desigated and called the Agreement for Early Issuance of Building Permit Tract No. 4704/UGM 557 Page 2 ("Developer"). RECITALS A. Owner owens 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 at northeast corner of South Fruit and West Jensen Avenues; and B. The Owner and Developer 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 apart of this instrument; and D. The Developer intends to construct a residential development on said Subject Property; and E. The Developer has filed and the City has approved Tentative Tract Map No. 4704 and Owner and Developer anticipate filing a final tract map in the near future; and F. The Developer has filed and the City Planning Commission has approved a Conditional Use Permit for a Planned Development; and G. The Developer has filed building plans and has requested that the City issue building permits for model homes on said Subject Property (Lots Nos: 35, 37, 38, 39, 40, 59, 60, 61, 62, 63, 74, 75, 76, 77, and 78 inclusive, with corresponding addresses: 2546 South Vagedes; 304, 316, 328, 340 West Kaviland;2258, 2562, 2564, 2566, 2570 South Habitat; and 337, 325, 313, 301, 289 West Garrett Avenues, respectively); 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. Agreement for Early Issuance of Building Permit Tract No. 4704/UGM 557 Page 3 I. The Owner and 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 and Developer understand and acknowledge 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 and the Developer that the building permits be issued as soon as possible; and L. The action on the Final Tract Map No. 4704 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. 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 Agreement for Early Issuance of Building Permit Tract No. 4704/UGM 557 Page 4 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 Developer shall deliver to the City of Fresno the sum of $1,000.00 per model home for a total amount of Fifteen Thousand and 00/100 Dollars ($15,000.00) 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 Developer. After the action by the City approving the final tract map has become final, the deposit will be returned to the 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. 8. The Developer has remitted those development fees due as a condition of approval of this Agreement as follows: A. Major Facilities Fees 15 units @ $200/units $ 3,000.00 Agreement for Early Issuance of Building Permit Tract No. 4704/UGM 557 Page 5 B. Waste Water Facilities Charge 15 units @ $1,910.00/unit $ 28.650.00 Total Fees and Charges Due with this agreement $ 31,650.00 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: Agreement for Early Issuance of Building Permit Tract No. 4704/UGM 557 Page 6 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 Developer and this covenant shall be of no further force and effect. DATED: /0 "v`-0 4-5 CITY OF FRESNO, OWNER a Municipal Corporation HERITAGE MANOR HOMES a California Co tion By . Alvin P. Solis, Director By. Development Department vin as s, President 64c APPROVED AS TO FORM: ard G. Wathen, Secretary HILDA CANTO MONTOY DEVELOPER ey HABITAT FOR HUMANITY FRESNO, INC. a California Non-Profit Public Benefit Corporation Deputy By: clde *wry e, Executive Director Ho�.r�s By: Forrest E. Brown, Assistant Secretary Revised: 10/18/95 (Attach Notary Acknowledgment) STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On this 20th day of October, 1995, before me, Julia E. Silverstrom, a Notary Public in and for said County and State, personally appeared, KEVIN J. CASTANOS, RICHARD G. WATHEN, JACKIE HOLMES and FORREST E . BROWN 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 . o ry Public and for said State JULY►L SLVERSTROM COWA.#"N71 NOMY Rac-"f m. If FRESNO COUNTY Comm.Ex;Ua MAR 21,1997 Agreement for Early Issuance of Building Permit Tract No. 4704/UGM 557 Page 7 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On /0/2-4, , 1995, before me, d4j= AkV'''^ personally appeared GLG.,-��P. So," personally known to me or 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 C4,,� + D UTY , LEGAL DESCRIPTION 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 A OF PARCEL MAP NO. 92 - 33, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 55 PAGE 20 OF PARCEL MAPS, FRESNO COUNTY RECORDS. EXHIBIT "A" Tract 4704 P.W. File No. 9809 UGM No. 557 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 22, 1995, in the office of the Fresno County Recorder as Document No. ' 95121327 of which the Deed of Trust in by and between Heritage Manor Homes, a California corporation, as Trustor, Chicago Title, as Trustee, and Habitat for Humanity, Inc . , a California Non-Profit Public Benefit 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 4704, P.W. File No. 9809, UGM No. 557 . DATED: October 20, 1995 Habitat for Humanity, Inc . , a California Non-Profit Public Benefit Corporation, as Beneficiary By: Akl,7 ?ack4ie Holmes ecutive Director By: , Forrest E . Brown, Assistant Secretary (attach Notary acknowledgment) STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On this 20th day of October, 1995, before me, Julia E. Silverstrom, a Notary Public in and for said County and State, personally appeared, JACKIE HOLMES. and FORREST E. BROWN 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 . o ry Publi i and for said State COUNT Comm.Eg*u MAR 21.1007