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HomeMy WebLinkAboutT-4742 - Agreement/Covenant - 8/17/2006 95 157 139 RECORDED N 0Fr4ft WA WM OF fitE� r PAST t _ AT f01N m1 M DEC 7 1995 Pl_cASt CCN►=C)!nYI wt UW C.QKENW000 County Raordr ABO�lE SPACE FOR RECORDER'S USE AGREEmENT. FOR EARLY ISSUANCE OF BUILDING PEMI City of �C�"MI� Ali DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 937213604 (209) 498-1591 Tract No. 4742 P.W. File No. 9816 UGM No. 561 THIS AGREEMENT is made this 7'{' day of 1942!�7 , by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and BENART-NEES PARK PLACE, a California Limited Partnership, 211 North Stevenson, Visalia, California 93291 hereinafter designated and called the ("Owner") and ("Developer"). Agreement for Early Issuance of Building Permit Tract No. 4742/UGM 561 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 south side of East Nees Avenue Between North Millbrook Avenue and North First Street; 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. 4742 and Owner anticipates filing a final tract map in the near future; and D. Owner/Developer has filed building plans and has requested that the City issue building permits for model homes on said Subject Property (Lots Nos: 46*, 47, 48 and 49 with corresponding addresses: 935, 917, 911, 905 East Green Acres respectively)[* lot 46 has alternate address available when approved by the Development Department the corresponding address is 7733 North Hillsdale].); 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. 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. Agreement for Early Issuance of Building Permit Tract No. 4742/UGM 561 Page 3 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. 4742 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 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 Agreement for Early Issuance of Building Permit Tract No. 4742/UGM 561 Page 4 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. 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. Agreement for Early Issuance of Building Permit Tract No. 4742/UGM 561 Page 5 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: - CITY OF FRESNO, OVVNER/DEVELOPER a Municipal Corpo 'on BENART-NESS PARK PLACE, a California Limited Partnership By Alvin . Solis, Director By: Benart Development Company, a California Development Department General Partner, as General Partner APPROVED AS TO FORM: By: William A. Benneyan, g HILDA CANTU MONTOY General Partner key B Deputy (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of < �-- County of On _'0-0 - -)-7 . 122 S before me, DATE I n NAME,TITLE OF OFFICER-E.G.,'JANE DOE, RY PUBLIC- personally appeared �� A. ,a�.... , NAME(S)OF SIGNER(S) 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 signature(s) on the instrument the person(s), Vicki Hutchings i or the entity upon behalf of which the comm.#1022.,20 Y p NOTARVRCOUNTY 0 person(s)ANIA TUULA21_E acted, executed the instrument. cv COCAL n L , Comm.Expires Apni 3.1998 -► WITN SS my hand and official seal. L SIGNATURE OF NOT Y 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 OFFICERt:4 , TITLE OR TYFQ OF DOCU4tNT 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 Agreement for Early Issuance of Building Permit Tract No. 4742/UGM 561 Page 6 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On !Z 7199 , before me, personally appeared , o&4 personally known to me (o 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 0-�d::j v D UTY DESCRIPTION Lot 87 of Perrin Colony No. 2, according to the map thereof recorded in Volume 4, Page 68, of Plats, Fresno County Records. Excepting therefrom the South 348 feet of the East 250 feet thereof. Also Excepting therefrom the North 250 feet of the West 175 feet of said Lot 87. Also Excepting therefrom the following described property: Beginning at the Northwest comer of Section 35, Township 12 South, Range 20 East, Mount Diablo Base and Meridian; thence South 00° 04' 14" East, along the East line of said Section 35, a distance of 136.19 feet; thence South 89* 55' 46" West, a distance of 30.00 feet to the true point of beginning; thence South 00° 04' 14" East, parallel with and 30.00 feet West of the East line of said Section 35, a distance of 175.00 feet; thence South 89° 47' 15" West, a distance of 12.00 feet; thence North 00° 04' 14" West, parallel with and 42.00 feet West of the East line of said Section 35, a distance of 110.72 feet; thence along a tangent curve to the left, concave to the Southwest, with a radius of 10.00 feet, through a central angle of 18* 11' 43", an arc length of 3.18 feet; thence through a reverse curve to the right, concave to the Northeast, with a radius of 30.00 feet; through a central angle of 18° 11' 43", an arc length of 9.53 feet; thence North 00° 04' 14" West, parallel with and 44.00 feet West of the East line of said Section 35, a distance of 51.79 feet; thence North 89* 47' 15" East a distance of 14.00 feet to the true point of beginning; And also excepting therefrom the following described property: Beginning at the Northeast comer of the West 175.00 feet of said Lot 87; thence North 89° 48' 00" East, along the North line of said Lot 87, a distance of 1107.34 feet to the Northeast corner of said Lot 87; thence South 00° 04' 14" East, along the East Line of said Lot 87, a distance of 106.19 feet to the Northeast corner of the South 523.00 feet of said Lot 87; thence South 89° 47' 15" West, along the North line of the south 523.00 feet of said Lot 87, a distance of 14.00 feet; thence North 00° 04' 14" West, parallel with the East line of said Lot 87, a distance of 33.59 feet to a point 72.60 feet South of the North line of said Lot 87; thence North 45* 08' 07" West, a distance of 20.62 feet to a point 58.00 feet South of the North line of said Lot 87; thence South 89° 48' 00" West, parallel with the North line of said Lot 87; a distance of 181.18 feet; thence Northwesterly along a curve to the right, concave to the Northeast, with a radius of 5050.00 feet, through a central angle of 01* 29' 28" an arc length of 131.43 feet; thence North 88* 42' 32" West, a distance of 600.00 feet; thence Southwesterly along a curve to the left, concave to the Southwest, with a radius of 4950.00 feet, through a central angle of 01° 29' 28", an arc length of 128.82 feet; thence South 89° 48' 00" West, parallel with the North line of said Lot 87, a distance of 37.56 feet to a point on the East line of the West 175.00 feet of said Lot 87; thence North 000 00' 41" East, along said East line, a distance of 39.00 feet to the point of beginning. EXHIBIT "A"