HomeMy WebLinkAboutT-4737 - Agreement/Covenant - 8/17/2006 ATO: REc=ED w oFncx Ricows of 96061462
CITY OF FRESNO FRESNO .WDEVEWPNE ire nFpARTMM AT w.PAST
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MAY 14 1996
WU- M C.GREUMM S/
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I.
AGREEMENT.
FOR
EARLY ISSUANCE OF BUILDING PERMIT
City of
F—"�i�a V14",j i
DEVELOPMENT DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3604
(209)498-1591
Tract No. 4737
P.W. He No. 9820
UGM No. 487
THIS AGREEMENT is made this /.�'`' day of 19 9G ,
by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter designated and called the
"City,"and McCAFFREY DEVELOPMENT L. P.,a California Limited Partnership, P.O. Boz 16369,
Fresno, California 93755, hereinafter designated and called the ("Owner") and ("Developer"), without
regard for number or gender.
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Agreement for Early Issuance of Building Permit
Tract No. 4737/UGM 487
Page 2
RECITALS
A. Owner/Developer 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 at southwest
corner of West Alluvial and North Polk Avenues; and
B. The Owner/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 Owner/Developer intends to construct a residential development on said Subject
Property; and
E. The Owner/Developer has filed and the City has approved Tentative Tract Map
No. 4380 and Owner/Developer anticipate filing a final tract map in the near future; and
F. Owner/Developer has filed building plans and have requested that the City issue
building permits for model homes on said Subject Property (Lots Nos: 83, 84, 85, 86 and 87
inclusive, with corresponding addresses: 5577, 5569, 5561, 5549 and 5537 West Oak Avenue,
respectively); and
G. 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.
H. 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.
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Agreement for Early Issuance of Building Permit
Tract No. 4737/UGM 487
Page 3
I. 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.
J. It is extremely important to the Owner/Developer that the building permits be issued
as soon as possible; and
K. The action on the Final Tract Map No. 4737 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/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/Developer shall restore said Subject Property to its prior condition.
2. Should the Owner/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/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
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Agreement for Early Issuance of Building Permit
Tract No. 4737/UGM 487
Page 4
City of Fresno the sum of $1,000.00 per model home for a total amount of Five Thousand and
00/100 Dollars ($ 5,000.00)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/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 Owner/Developer has remitted those development fees due as a condition of
approval of this Agreement as follows:
Major Facilities Fees
5 units @ $200/units $ 1,000.00
Grantland�Trunk Sewer - Major Facilities Fees
(.7 5.4 units @ $200/unit $ 1,000.00
Total Fees and Charges Due with this agreement $ 2,000.00
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,
Agreement for Early Issuance of Building Permit
Tract No. 4737/UGM 487
Page 5
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
covenant shall be of no further force and effect.
DATED: -5 / 13 I q
CITY OF FRESNO,
a Municipal Corporation "OWNER AND DEVELOPER"
McCAFFREY DEVELOPMENT L. P.
a California Limited Partnership
By
Alvin P. Solis, Director
Development Department
By:
Robert A. cCaffr General Partner
APPROVED AS TO FORM:
HILDA CANTO MONTOY By: oft
Ci mey en McCaf y, neral Partner
AIL ttach Notary Acknowledgment)
By
Deputy
rrmn►t&MV ftwbo *"19M
r ,
CLERK'S CERTIFICATE
STATE OF CAL]FORNIA )
)ss
COUNTY OF FRESNO )
On 1996,before me,Jocelyne Gueret,personally appeared Alvin
P. Solis, Development Director 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(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
REBECCA E. KLISCH
CITY CLERK
By , ' MCI_ C-1
(ruTyd
Tract No. 4737
P.W. File No. 9820
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded
on November 8 , 19-9-4 in the office of the Fresno County Recorder in Book--- , Page ---
Document No. 94171474 of which the Deed of Trust in by and between Mrraffray D vPaliment
L.P.
as Trustor, American Securities CompapAs Trustee, and Wells Fargo Bank 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. 4737/UGM 487, Phase II
of Vesting Tentative Tract No. 4380.
DATED: Apri 1 24 , 1996
WELLS FARGO BANK, N.A. ,
a National Association
Vice
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of
County of /
On ��• `� �1l before me, ,
DATE AME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC
personally appeared ��G��i"i S ��,1
AME(S)OF SIGNERS)
❑ personally known to me - OR -proved to me on the basis of satisfactory evidence
to be the personas-} whose name(Wis/af-e-
subscribed to the within instrument and ac-
knowledged to me that Wshe/" executed
the same in *is/her/t#sa-r authorized
capacity(ies--, and that by 4ii-s/her/the+r
signatures)-on the instrument the person;(4,
or the entity upon behalf of which the
person(s)-a-cted, executed the instrument.
CARM` CONN=
OOMK van
Nota �Cdwmft
CONMACOrrACOLM WITNESS my hand and official seal.
Mr Comm rx*«MAY 2L�qq�
SIGNATURE 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
ElATTORNEY-IN-FACTNUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTTTY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
--------- --------------- - -- - ------
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park CA 91309-7184
i y
EXHIBIT "A"
THE LAND REFERRED TO IN THIS AGREEMENT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF FRESNO, CITY OF FRESNO AND IS DESCRIBED AS FOLLOWS:
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
33 AND THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 34, ALL IN
TOWNSHIP 12 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN,
ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLATS, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF
THE ATCHISON TOPEKA AND SANTE FE RAII,ROAD AND THE NORTH LINE OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 33, THENCE
NORTH 89047'50" EAST, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A
DISTANCE OF 1131.24 FEET; THENCE SOUTH 89030'02" EAST, ALONG THE NORTH LINE
OF THE SOUTHWEST QUARTER OF SAID SECTION 34, A DISTANCE OF 1318.22 FEET;
THENCE SOUTH 1040'50" EAST, ALONG THE EAST LINE OF THE WEST HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 34, A DISTANCE OF 562.53 FEET; THENCE
ALONG THE NORTHERLY BOUNDARY OF McCAFFREY COMMUNITY NO. 4, TRACT NO.
4380, ACCORDING TO THE MAP RECORDED IN VOLUME 58, PAGES 82, 83 AND 84 OF
PLATS, FRESNO COUNTY RECORDS THE FOLLOWING COURSES; NORTH 89030'15"WEST,
A DISTANCE OF 1040.54 FEET; SOUTH 86022'17" WEST, A DISTANCE OF 32.37 FEET;
SOUTH 79026'15"WEST, A DISTANCE OF 63.17 FEET; SOUTH 87°04'45" WEST, A DISTANCE
OF 32.78 FEET; NORTH 89030'15" WEST, A DISTANCE OF 100.00 FEET; SOUTH 0029'45"
WEST, A DISTANCE OF 62.58 FEET; NORTH 89°30'15"WEST, A DISTANCE OF 150.00 FEET;
SOUTH 0029'45" WEST, A DISTANCE OF 62.00 FEET; SOUTH 38056'29" WEST, A DISTANCE
OF 114.91 FEET; THENCE NORTH 51003'3 1" WEST, ALONG THE NORTHEASTERLY RIGHT-
OF-WAY LINE OF THE ATCHISON TOPEKA AND SANTE FE RAILROAD, A DISTANCE OF
1253.50 FEET TO THE POINT OF BEGINNING.
EXHIBIT "A"
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193
State of California ��OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
County of Fresno Though t eolof does
not
m.o"toto
fii(
invaluable ID Persons n*ft on the dDournert
On May 6 , 19 9 6 before me, Vicki K. Washer INDIVIDUAL
DATE NAME,ME OF OFFICER-E.G..-JANE DOE.NOTARY PUBLIC
CORPORATE OFFICER(S)
personally appeared Robert A. McCaffrey & Karen McCaffrey
NAMES)OF SIGNERS) TME(S)
®personally known to me-OR-❑ proved to me on the basis of satisfactory evidence ®PARTNER(S) 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)
the same in his/her/their authorized GUARDIAWCONSERVATOR
• VICKI K.WASHER capacity(ies), and that by his/her/their OTHER:
.;'.' • Commission#I 055660 Z signature(s)on the instrument the person(s),
Nototyhblic—Calibmla =
FRESNO COUNTY or the entity upon behalf of which the
My Comm.Expires Aug 16.1999
person(s)acted, executed the instrument.
SIGNER IS REPRESENTING:
7TNS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES)
V—Z- �- �Lge-A--
SIGNA RE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENTAgrmt for Early Issuance of Bldg
THE DOCUMENT DESCRIBED AT RIGHT. Permit
NUMBER OF PAGES DATE OF DOCUMENT
Though the data requested here is not required by law,
It could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE
01992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga Park CA 91309-7184