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HomeMy WebLinkAboutT-4798 - Agreement/Covenant - 8/16/2006 (2) CITY OF FRESNO 96134912 RECORDED IN CFFXIAL RECORDS OF RN DOIELOPMENT DEPARTMENT 'IT--FRESN —"`1TY. PAST- AT IN PAST--�(�A 2600 FRESNO STREET FRESNO CA 93721-3604 OCT 0 a 1996 WILLIAM C. GREENWOOD F== County Retarder S PLEASE CONFORM ::::::.:.::...: E.SPACE<F OR>RECORDEA USE: .....:::::::: A%.X%,]P-,EmF,NT FOR EARLY ISSUANCE OF BUILDING PERMIT City of 11 FRow E"RD :tel DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 937213604 (209)498-1591 Tract No. 4798 P.W. File No. 9908 UGM No. 585 THIS AGREEMENT is made this 7th day of October 919 95 , by and between the CITY of FRESNO, a Municipal Corporation, hereinafter designated and called the "City," and SPALDING G. WATHEN and DELLA WATHEN, Husband and Wife, as joint tenants, 4470 North Effie Street, Fresno, California, hereinafter designated and called the ("Owner") and ("Developer"). Early Issuance of Building Permit Agreement Tract No. 4798 2 RECITALS A. Owner and Developer own 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 West Figarden Drive and North Brawley Avenue; 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 all such instruments of Subordination, if any, are attached hereto and made apart of this instrument; and C. The Owner and Developer intends to construct a residential development on said Subject Property; and D. The Owner and Developer have filed and the City has approved Tentative Tract Map No. 4798 and Owner and Developer anticipate filing a final tract map in the near future; and E. The Owner and Developer have filed and the City Planning Commission has approved a Conditional Use Permit for a Planned Development; and F. Owner and Developer have filed building plans and have requested that the City issue building permits for model homes on said Subject Property (Lots Nos: 43 through 46 inclusive, with corresponding addresses: 3697, 3705, 3715 and 3723 West Vincent Lane, 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 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. Early Issuance of Building Permit Agreement Tract No. 4798 3 I. 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. J. It is extremely important to the Owner and the Developer that the building permits be issued as soon as possible; and K. The action on the Final Tract Map No. 4798 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. Early Issuance of Building Permit Agreement Tract No. 4798 4 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 Four Thousand and 00/100 Dollars ($4,000.00) 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 alien 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 $ 200/units $ 800.00 Cornelia Trunk Sewer - Maior Facilities Fees 4 units a $ 200/unit $ 800.00 Waste Water Facilities Charge 4 lots a $ 2,180.00/lots $ 8,720. Total Fees and Charges Due with this agreement $ 10,320.00 Early Issuance of Building Permit Agreement Tract No. 4798 5 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: 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: 10 — !I - CITY OF FRESNO, OWNER AND DEVELOPER a Municipal Corporation SPALDING G. WATHEN AND DELLA WATHEN, Husband and Wife as Joint Tenants By Alvin P. Solis, Director Development Department By. APPROVED AS TO FORM: alding it. Wathen HILDA CANTU MONTOY City Attorney By* J 6e—)IN 1=gs- Della Wathen2LI'l -/ 'r - � (Attach Notary owledg nt) Early Issuance of Building Permit Agreement Tract No. 4798 6 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On October 7th , 1996, before me, 7ocelyne cneret personally appeared Alvin Solis, Dev.. Direct.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. REBECCA E. KLISCH CITY CLERK J ' By Fr4798MA.DOC 09/24/19% CALJFORNIA ALL-PURPOSE ACKNOWLEDGMENT t State ofZ4_ , County of �,Au� On before me, Date I Name and Title of O loar(e.g.,'Jape Doe,Notary P personally appeared ZZ jZ�422,4,AL0 j I Names)of Signer(s) E personally known to me Y 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 histher/their authorized capacity(ies), YOLANDA04A% A and that by his/her/their signature(s) on the instrument the CaTe"m•1111272 person(s),or the entity upon behalf of which the person(s) Nora FMW PJb1C—CC0Wft I- acted, executed the instrument. My camrtL E11pYW Sep 15.20m WITNESS my hand and official seal. r ( Signature of Notary Public TONAL 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: LC L /- i Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual - Individual ❑ Corporate Officer - Corporate Officer Title(s): Title(s): ❑ Partner—C 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: ?op of thumb here i Signer Is Representing: Signer Is Representing: r 0 1996 Na*xW 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 1 Tract Na 4798 '- P.W. Na 9908 DESCRIPTION THE SUBJECT PROPERTY REFEREED TO IN THIS AGREEMENT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF FRESNO, CITY OF FRESNO AND IS DESCRIBED AS FOLLOWS: OUTLOT "A" OF TRACT NO. 3729, MANSIONETTE ESTATES NO. 18, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 50, PAGES 81, 82 AND 83 OF PLATS, FRESNO COUNTY RECORDS, AND ACCORDING TO A CERTIFICATE OF CORRECTION RECORDED NOVEMBER 9, 1990, DOCUMENT NO. 90138318. EXHIBIT "A"