HomeMy WebLinkAboutT-4767 - Agreement/Covenant - 8/17/2006 96049989
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AGREEMENT
FOR
EARLY ISSUANCE OF BUILDING FERMI
City of
DEVELOPMENT DEPARTMENT
26M MMO STREET
MMO, CALMORNU 937213604
(209) 498-1591
Tract No. 4767
P.W. He No. 9866
THIS AGREEMENT is made this 3'6-6 day of i¢P2i c- , 19 9& ,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the
"City," and MARGARET M. JENSEN , as Trustee of the Clarice Roberts Trust dated June 14, 1985,
5476 North Parrish Way, Fresno, California, 93711, hereinafter designated and called the ("Owner")
and WATHEN-COSTANOS, INC., a California Corporation, 575 East Locust Avenue, Suite 104,
Fresno, California, 93720, hereinafter designated and called the ("Developer") without regard
Agreement for Early Issuance of Building Permit
Tract No. 4767
Page 2
for number or gender.
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 at eastside of North Forkner Avenue
between West Shaw and West Barstow 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 Owner and Developer have filed and the City has approved Tentative Tract Map
No. 4767 and the Developer anticipate filing a final tract map in the near future; and
F. The Owner and Developer have 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 have requested that the City issue building
permits for model homes on said Subject Property (hots Nos: 2, 3, 4, 5, 10, 11, 12, 13, 14, 15,
16, 17, 24, 25 and 26, inclusive); and
H. The City is unwilling to issue building permits until such time that the addressing has
been assigned to said lots and 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.
I. The Owner and Developer acknowledges that such improvements will be accepted by
Agreement for Early Issuance of Building Permit
Tract No. 4767
Page 3
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. 4767 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:
l. 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
Agreement for Early Issuance of Building Permit
Tract No. 4767
Page 4
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 and 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 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 thr.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
15 units 0 $200/units $ 3,000.00
Waste Water Facilities Charge
15 lots $ 2,060.00/lots $ 30,900.00
Total Fees and Charges Due with this agreement $ 33,900.00
9. No vested rights or entitlements are conferred by the issuance of this early
Agreement for Early Issuance of Building Permit
Tract No. 4767
Page 5
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
covenant shall be of no further force and effect.
DATED: .9oiCi[. 9 . /9 9(v
CITY OF FRESNO, OWNER
a Municipal Co ration
THE CLARICE ROBERTS TRUST
Dated June 14, 1985
By
Alvin P. Solis, Director By•
Development Department Mar#M19i M. Jew
DEVELOPER
APPROVED AS TO FORM:
WATHEN-CASTANOS, INC.
HILDA CANTLJ MONTOY a California Co 'o
City
BY:
ByIL K s, t
Deputy
(Attach Notary lm ledgment)
Agreement for Early Issuance of Building Permit
Tract No. 4767
Page 6
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On /9 , 1996, before me, �'Jvn.aL«... &ate
personally a&41ry S.o&t personally known to me (or provided to me on the
Pew Y aPP�� Pe Y
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/shelthey 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 Ccm
DEPUTY
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 followed:
DESCRIPTION
PARCEL I:
Lot 12 in Section 7, Township 13 South, Range 20 East, Mount Diablo Base and Meridian of Bullard
Lands Irrigated Subdivision No. 2, according to the map thereof recorded in Book 15 of Record of
Surveys, Fresno County Records;
EXCEPTING the South 150 feet of the East 160 feet of said Lot;
ALSO EXCEPTING THEREFROM the East 20 feet of said Lot.
PARCEL 2:
The East 160 feet of the South 150 feet of Lot 12 in Section 7, Township 13 South, Range 20 East,
Mount Diablo Base and Meridian, of Bullard Lands Irrigated Subdivision No. 2, according to the map
thereof recorded in Book 9 Page 15 of Record of Surveys, Fresno County Records;
EXCEPTING THEREFROM the East 20 feet of said Lot.
PARCEL 3:
Lots 13, 14, 19 and 20 of Bullard Lands Irrigated Subdivision No. 2, according to the map thereof
recorded in Book 9 page 15 of Record of Surveys, Fresno County Records;
EXCEPTING THEREFROM the East 20 feet of said Lots 13 and 14.
EXHIBIT "All
f1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of rn 1 C .
County of Fr e-3 rvo
On Apri f 3 , 1 CM-0 before me, v l�d,�'✓���a�1 G noTar , �'
Dews ,, x d Name and nft of Officer(e.g.,'Jane Doe,Notary Pudic
personally appeared �" µ� o`� ' :S-eVu f
Names)of Signer(s)
lXpersonally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the personK
whose name(4 is M subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in hisA"f V%ir authorized capacity(A),and that by
his/her/th&signature(4 on the instrument the pefsonK,,
ROSE" Dimor the entity upon behalf of which the person($) acted,
COM%t*1003U executed the instrument.
Not�ESNOc CbNroMfa f
�'h'COMM'E q*se�s.1998 S my hand official seal.
Ha�
Signature of Notary Pudic
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document ,, I l
Title or Type of Document: Ul el FbiL 1:'56 9 :TSStCQ►1C e oF 4itildt
iAernq it-
Document Date: CC Number of Pages: 7
_ __
Signer(s) Other Than Named Above: I V I rl • �O'f S wa_can-,L�, 9 f w r f( 6 y
�e�►n �• C RsT�nOS
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attomey-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee _
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 tn4 NokmW Notary Association•a238 Remrnet Ave.,P.O.Box 7184•Canoga Park CA 91309-7184 Prod.No.5907 Reorder.CsN ToN-Free 1-800-676 Ba27
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On this 5th day of April, 1996, before me, Julia E.
Silverstrom, a Notary Public in and for said County and State,
personally appeared, KEVIN J. CASTANOS, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
person(s) whose names) 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 .
ary Publi in and for said State
XUA E.SILVERST!3OM t
COMM.49o 'J1
Notory PubNc—CaflfomW
FRESNO COUNTY
_ y CO.T.M.Eg*es MAR 21.1997