HomeMy WebLinkAboutT-4805 - Agreement/Covenant - 8/16/2006 97088094 FEF-RD CDIN UNOFFRECORDS CF s
AT MIN PAST1
JUL 11 W7
PLEASLE- CONrO ANI UL L IAM C GREEi<<�'CCD FEE
County Recorder s
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AGREEMENT
FOR
EARLY ISSUANCE OF BUILDING PERMIT
City of
DEVELOPMENT DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3604
(209)498-1591
Tract No. 4805
Phase H of Tentative Tract No. 4565
UGM No. 555
THIS AGREEMENT is made this /bte4–day of . 19 -rl ,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the
"City," and PATRIOT HOMES-MAPLE DRIVE, LLC, a Limited Liability Company, 14724 Ventura
Boulevard, Suite 901, Sherman Oaks, California 91403 hereinafter designated and called the ("Owner")
and ("Developer").
Agreement for Early Issuance of Building Permit
Tract No. 4805/UGM 555
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 north side of East Perrin
Avenue between North Maple and North Chestnut Avenues; 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.
4805 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: 22, 23, and 24, with
corresponding addresses: 9595, 9585 and 9575 North Woodrow Avenue respectively); and
E. Owner/Developer has filed building plans and has requested that the City issue
building permits for model homes on said Subject Property (Lots Nos: 53, 54, and 55, with
corresponding addresses: 2213, 2223 and 2233 East Eclipse Avenue respectively); and
F. Owner/Developer has filed building plans and has requested that the City issue
building permits for model homes on said Subject Property (bots Nos: 69, 70, 72 and 77, with
corresponding addresses: 2177, 2191, 2219, and 2289 East Solar 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.
Agreement for Early Issuance of Building Permit
Tract No. 4805/UGM 555
Page 3
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.
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 and the Developer that the building permits
be issued as soon as possible; and
K. The action on the Final Tract Map No. 4805 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
Agreement for Early Issuance of Building Permit
Tract No. 4805/UGM 555
Page 4
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 Ten Thousand and
00/100 Dollars ($10,000.00)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 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
Agreement for Early Issuance of Building Permit
Tract No. 4805/UGM 555
Page 5
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:
Water Meters
9-1" Meters 0 $320.00/each $2,880.00
Water Meters
1-11h" Meter a $470.00/each $470.00
Major Facilities Fees
10 units a $400/units $4,000.00
Waste Water Facilities Charge
10 lots @ $2,180.00/lots $21.180.00
Total Fees and Charges Due with this agreement $28,530.00
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.
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
Agreement for Early Issuance of Building Permit
Tract No. 4805/UGM 555
Page 6
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: 71/0 �9'7
CITY OF FRESNO, OWNER/DEVELOPER
a Municipal Corporation
PATRIOT HOMES-MAPLE DRIVE, LLC, a
Limited Liability Company
ByIve
A . Solis, Director
Dpment Department
By:
avid Schwartzman, President and Secretary
APPROVED AS TO FORM:
HIM ONT
Attorn
y
Deputy
(Attach Notary Acknowledgment)
LL- U POSE CKNOWLEDGMENT
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CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
) ss.
COUNTY OF FRESNO )
On July 10 , 1997, before me, Elvia Sommerville
personally appeared Nick Y o v i n o, Mg r. 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
c�
By
DEPUTY
E =IT "A"
LEGAL DESCRIPTION
That portion of the West half of Section 24, Township 12 South, Range 20 East, Mount Diablo
Base and Meridian, in the City of Fresno, County of Fresno, State of California, described as
follows:
Beginning at the Northwest corner of Tract No. 4565, according to the map thereof Recorded
in Volume 60 of Plats, at Pages 57 through 59, Fresno County Records, said corner being North
000 49' 40" East, a distance of 76.51 feet from the West quarter corner of said Section 24;
thence North 00° 49' 40" East, along the West line of the Northwest quarter of said Section 24,
a distance of 245.64 feet to a point on the Westerly prolongation of the South line of Parcel 2
of Parcel Map No. 3234, according to the map thereof Recorded in Book 21 of Parcel Maps at
Page 94, Fresno County Records; thence North 89° 48' 14" East, along said Westerly
prolongation and along said South line, a distance of 643.76 feet to the Southeast corner of said
Parcel 2; thence North 37° 04' 11" East, along the Southeasterly line of said Parcel 2, along the
Southeasterly line of Parcel 1 of said Parcel Map No. 3234, and along the Southeasterly line of
Parcel 3 of Parcel Map No. 2811, according to the map thereof Recorded in Book 19 of Parcel
Maps at Page 3, Fresno County Records, a distance of 637.05 feet; thence South 55* 38' 44"
East, a distance of 792.34 feet; thence South 00° 14' 59" East, a distance of 597.51 feet to a
point on the Northerly right-of-way line of East Perrin Avenue as shown on said Tract No.
4565, said point being the Northeast corner of said Tract No. 4565, said point being North 00°
14' 59" West, a distance of 95.29 feet from the Northeast corner of Lot 20 of said Tract No.
4565, said point being the beginning of a 653.00 foot radius non-tangent curve, concave to the
North, a radial to said beginning bears South 09° 52' 52" West; thence Westerly, along the
Northerly right-of-way line of said East Perrin Avenue, the following courses;
Along said curve, through a central angle of 18° 23' 45', an arc distance of 209.66 feet; thence
tangent to said curve, North 61° 43' 23" West, a distance of 200.00 feet to the beginning of a
847.00 foot radius tangent curve, concave to the South; thence Westerly along said curve,
through a central angle of 28° 35' 42', an arc distance of 422.72 feet; thence tangent to said
curve, South 89° 40' 55" West, a distance of 363.90 feet; thence North 88° 25' 33" West, a
distance of 242.28 feet; thence South 89° 40' 55" West, a distance of 233.16 feet; thence North
45* 04' 44" West, a distance of 20.50 feet to a point on the East right-of-way line of North
Maple Avenue as shown on said Tract No. 4565; thence North 00° 49' 40" East, leaving the
Northerly right-of-way line of said East Perrin Avenue, along the East right-of-way line of said
North Maple Avenue, a distance of 5.85 feet; thence North 89° 10' 20" West, a distance of
55.00 feet to the point of beginning.
Except all oil, gas and minerals now or at any time hereafter situated in and under said premises
as reserved in the deed from Capital Company, formerly California Lands, Inc., Recorded
March 26, 1943 in Book 2079 at Page 299, of Official Records.
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