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Home My WebLink AboutT-4776 - Agreement/Covenant - 8/17/2006 Qiv, 8636RECORDED 1,74 OFF11WL RUV;I ES Cr" CALIFORi AT MURN TO: CITY OF FRESNO APR 15 1997 DEVELOnW4T DEPARTWMTr 2600 Fre o Stred FRESNO CA 93721-3604 VALLI.IM C.GREEt,"MDOD f__ PLEASE CONFORM Comity Recorder AGN XR"rv_jETqENT FOR EARLY ISSUANCE OF BUILDING PERNUT TO SUPERSEDE DOCUMENT NO, 97007652 City Of IMMIk 0 11V F.=i W a V.6', DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3644 (209) 498-1591 Tract No. 4776 Phase I[[ of Vesting Tentative Tract No. 4421 P.W. He No. 9886 UGM No. 505 THIS AGREEMENT is made this 14TH day of APRIL by and between the. CM OF FRESNO, a Municipal Corporation, hereinafter designated and called the "City," and JPAIT"HOMR94RMNO RUC-, a Limifad Lbbility Company, 14724 Ventura Boulevard, Suite 901,Sherman Oaks, California 91403,hereinafter designated and called the(-Owner-) and (*Developer") and supersedes the *Agreement For Issuance Of Building Permit" recorded, January 171 1997, as Document No. 97007652 in the Official Records of Fresno County, California. Agreement for Early Issuance of Building Permit Tract No. 4776/UGM 505, Phase 11 of Vesting Tentative Tract No. 4421 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 northwest corner of West Alluvial and North Santa Fe Avenues and the San Joaquin River Bluff. 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. 4421 and the 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: 4 through 8, 11, and 15 through 22, inclusive, with corresponding addresses: 7749, 7754, 7762, 7769, 7761, 7737 North Princess, and 7756, 7764, 7765, 7757, 7749, 7741, 7733, 7725 North Patriot Avenues, 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. 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. A. It is extremely important to the Owner and the Developer that the building permits Agreement for Early Issuance of Building Permit Tract No. 4776/UGM 505, Phase H of Vesting Tentative Tract No. 4421 Page 3 be issued as soon as possible; and I. The action on the Final Tract Map No. 4776 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$1,000.00 per model home for a total amount of Fourteen Thousand and 00/100 Dollars ($ 14,000.00)evidenced by rash 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 Agreement for Early Issuance of Building Permit Tract No. 4776/UGM 505, Phase 11 of Vesting Tentative Tract No. 4421 Page 4 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: a. Service Connection Charges 13 - 1 inch Meters @ $320.00/Meter $ 4,160.00 1 - 1-1/2 inch Meter @ $470.00/Meter $ 470.00 b. Major Facilities Fees 14 units @ $200.00/unit $ 2,800.00 c. Herndon Trunk Sewer - Major Facilities Fees 14 units @ $200.00/unit $ 2,800.00 d. Waste Water Facilities Charge 14 lots Q $1,910.00/10ts $ 26,740.00 Total Fees and Charges Due with this agreement $ 36,970.00 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, r • Agreement for Early Issuance of Building Permit Tract No. 4776/UGM 505, Phase Il of Vesting Tentative Tract No. 4421 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: APRI L ATH, 1997 CITY OF FRESNO, OVVNER/DEVELOPER a Municipal Corporation PATRIOT HOMES-FRESNO H, LLC a Limited Liability Company By —C� Alvin P. Solis, Director Development Department By: David Schwartzman, President/Secretary APPROVED AS TO FORM: HII.DA CANTU MONTOY '*W76ER1ty ttorne (Attach Notary Acknowledgment) By �) Deputy LR:lr e'bp4716.doc Revised: 03/31/1997 Agreement for Early Issuance of Building Permit Tract No. 4776/UGM 505, Phase H of Vesting Tentative Tract No. 4421 Page 6 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On APRIL 14TH- , 1997, before me, JOCELYNE GUERET personally appeal ALVIN P. SOLIS, DEVELOPMENT DEPARTMENT DIRECTOR personally ]mown 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. REBECCA E. KLISCH CITY CLERK By J - UTY J. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4 State of County of On r; r -�9-zq—�r7 before me SL .tv ' Date r Name and Titke r(e.g.,'Jam Doe,Notary Public") a y personally appeared ' n.. re(s)of sl, 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by Sheila Hwang Miller his/her/their signature(s)on the instrument the person(s), 0 COMM.01037121 ;/� or the entity upon behalf of which the person(s) acted, y�Mo.CALIFORNIA executed the instrument. CORM `A"&2°'18118 WITNESS my hand and official seal. Signature of ry P c 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 Title or Type of Document/* 6 � Document Date: Number of Pages: Signer(s) Other Than Named Above: r� 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 ❑ Attomey-in-Fact ❑ Trustee _ ❑ Trustee _ ( ❑ Guardian or Conservator . `. ❑ Guardian or Conservator l� ❑ Other: Top of thumb here ❑ Other: Top of thumb here 3 r Signer Is Representing: Signer Is Representing: 0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call TblWree 1-800-876-6827 Tract No. 4776, Phase U of Vesting Tentative Tract No. 4421 P.W. File No. 9886 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 14 - 1996 in the office of the Fresno County Recorder as Document No. 96061459 , of which the Deed of Trust in by and between Patriot Homes-Fresno II, a Limited Liability Company as Trustor, General Bank, - California Corporation ,as Trustee,and General Bank, a.California 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. 4776/UGM 505, Phase II of Vesting Tentative Tract No. 4421. DATED: 4- , 1917- General Bank, a Alifornia Corporation By: Eddie Chang, Anior Vice President By: (Attach Notary Acknowledgement) • ti . CALIFORNIA ALL-PURPOSE ACKNOWLEbGMENT State of County of 1 On I -i / before me, l/��a 1t � Y Dater Ranie and T r(e.g.,'Jane Doe,Notary Public") personally appeared.�--- d ame(s)of Signer(s) C(personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar"ubscribed to the within instrument and acknowledged to me that he/sh thlii c executed the same in hisAww/thairvauthorized capacity(ies), and that by his/h"th&signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, Sheila Hwang MillerK executed the instrument. V Comm. #1037121 TARY PUSUC-CALIFORNIA Los ANGELES COUNTY Q WITNESS my hand and official seal. Comm.E)Orn Aug.28.1998� Signature of N a Pub 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 Title or Type of Document: Document Date: Number of Pages: r� r Signer(s) Other Than Named Above: S Capacity(ies) Claimed by Signer(s) r Signer's Name: Signer's Name: r ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑ General ?� ❑ Attorney-in-Fact !l Attomey-in-Fact ❑ Trustee _ ❑ Trustee _ ❑ Guardian or Conservator `-- ❑ Guardian or Conservator '-• r� ❑ Other: Top of thumb here ❑ Other: Top of thumb here S Signer Is Representing: Signer Is Representing: t 0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 ti TRACT NO.4776/UGM 505, Phase H of Vesting Tentative Tract No. 4421 P.W. NO. 9886 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 "B" OF PARCEL MAP NO. 96-03, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 57 AT PAGES 21 & 22, OF PARCEL MAP, FRESNO COUNTY RECORDS. EXHIBIT "An