HomeMy WebLinkAboutT-5010 - Agreement/Covenant - 3/2/2005 WHEN RECORDED MAIL TO: (�
City Clerk 11111111111111111 IN I III
City of Fresno FRESNO County Recorder
2600 Fresno Street Robert C. Werner
Fresno, CA 93721-3603 DOC— 2004-0079507
Tuesday, APR 13, 2004 11:37:21
Tt 1 Pd $0,00 Nbr-0001446411
jzg/R2/1-10
NO FEE-Government Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10534
JAF: 1520, 1530, 1540, 1550, 1560 East Golden Valley Way (T-5010, Lot 1)
1508, 1518, 1521, 1528, 1538 East Sterling Hill Way
10811, 10827 North Satin Nickel Drive
AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS TRACT NO. 5010
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5010/UGM
Page 2
THIS AGREEMENT is made this day of Apr , 200(1 ,
by and between the CITY OF FRESNO,a Municipal Corporation,hereinafter referred to as the"City,"and
RODNEY JAMES ALUISI,a married man, as his sole and separate property, CAROLYN ALUISI COUTO,
a married woman as her sole and separate property and JAMES A.ALUISI,an individual,shall hereinafter
collectively and individually, where applicable, shall be jointly designated referred to as the ("Owner'),
without regard for number or gender;and COPPER RIDGE ESTATES,LLC.,a California Limited Liability
Company,466 West Fall brook Avenue,Suite 110, Fresno,California,93711, hereinafter designated and
called the ("Developer').
RECITALS
A. The Owner owns real property situated in the County of Fresno,State of California,
hereinafter referred to as the"Subject Property"and more particularly described in EXHIBIT"A,"
attached hereto and made a part of this Agreement,which is generally located at the Southeast
comer of North Cedar and East Copper Avenues.
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.
C. The Developer has filed and the City of Fresno has approved, a Conditional Use
Permit (C-03-160) and Vesting Tentative Map No. 5010 for a Planned Development on the
Subject Property. Additionally,the Developer has filed a Final Map of Tract No.5010, hereinafter
referred to as the "Final Map" pursuant to said Tentative Map, which will be presented for City
Council action after the effective date of annexation of the Subject Property.
D. The Developer is requesting the issuance of building permits to construct model
homes on the Subject Property prior to the effective date of annexation of the Subject Property
and prior to the approval and recording of the Final Map.
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5010/UGM
Page 3
E. Such building permits will be issued and inspected in accordance with City of
Fresno codes and regulations
F. The Developer has filed building plans and has requested that the City issue
building permits for model homes on the portion of the Subject Property which correspond to the
lots to be created by the Final Map as follows:
Lot 1, 1560 East Golden Valley Way
Lot 2, 1550 East Golden Valley Way
Lot 3, 1540 East Golden Valley Way
Lot 4, 1530 East Golden Valley Way
Lot 5, 1520 East Golden Valley Way
Lot 12, 1538 East Sterling Hill Way
Lot 13, 1528 East Sterling Hill Way
Lot 14, 1518 East Sterling Hill Way
Lot 15, 1508 East Sterling Hill Way
Lot 16, 10827 North Satin Nickel Drive
Lot 17, 10811 North Satin Nickel Drive
Lot 58, 1521 East Sterling Hill Way
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 early issuance of such model home
building permits or by the acceptance of such construction upon inspection.
H. The Developer acknowledges that such improvements will be accepted by the City
only if they comply with all applicable City standards, codes, and ordinances, provided, and in no
case shall acceptance of such improvements be complete until the Final Map is approved by the
Fresno City Council and duly recorded.
I. The Owner and 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 Model Home Building Permits
Tract No. 5010/UGM
Page 4
J. It is extremely important to the Developer that the building permits for the model
homes be issued as soon as possible.
K. The action for the approval of the Final Map by the City of Fresno is not expected
to be finalized for up to one hundred twenty (120) days.
AGREEMENT
In consideration of the foregoing, the early issuance of building permits for the model
homes and the promises and covenants herein contained, the undersigned agree:
1. Should the City of Fresno fail to approve the Final Map for any reason within one
hundred twenty(120)days of the execution of this Agreement,then the Owner and the Developer
shall,within ten(10)days after written notice from the Director of the Planning and Development
Department of the City of Fresno, remove from the Subject Property any improvements or
construction placed or constructed pursuant to the building permits issued for the model homes;
and Developer shall restore the Subject Property to its prior condition.
2. Should the Owner and Developer fail to comply with the provisions of Paragraph
1 above, the City of Fresno, or any of its duly authorized officers, employees or agents, are
unconditionally permitted to enter upon the Subject Property and accomplish such removal and
restore the Subject Property to its prior condition.
3. Should the City of Fresno cause such removal underthe 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 Developer shall deliver to the City of
Fresno the sum of One-Thousand ($1,000) per model home for a total amount of Twelve
Thousand Dollars($ 12,000) 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
T
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5010/UGM
Page 5
expenses of removal with any balance to be returned to the Developer.After the action by the City
approving the Final Map and the recording of that Final Map, the deposit will be returned to the
Developer.
5. Any costs and expenses of removal exceeding the above stated amount of security,
which are stated in writing with a description of the Subject Property by an officer of the City, and
recorded in the County Recorder's office, shall be a lien on the Subject Property and
appurtenances running in favor of the City of Fresno.
6. The Developer has paid the fees and charges due as a condition of approval of this
Agreement for the model homes as follows:
Police Substation Fee- Northeast Fresno Service Area
12 Units @ $ 85 /Unit $ 1,020.00
Wastewater Facilities Charge
12 Lots @ $ 2,119 /Lot $ 25,428.00
Service Connection Charges - Water Meters per Lot
Lots 15,16 & 58, 3 - 1-1/2" Meters @ $ 470 /each $ 1,410.00
Lots 1-5, 12-14 & 17, 9 - 1" Meters @ $ 320 /each $ 2,880.00
Total Fees and Charges Due $ 30,738.00
7. The obligations of the Owner and the Developer provided in this Agreement are
joint and several.
8. 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.
9. No vested rights or entitlements are conferred by the issuance of this early
construction permit or by acceptance of any improvements constructed thereunder.
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5010/UGM
Page 6
10. The Owner and 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 the Owner and the Developer. In the event the City
Council approves the Final Map and the Final Map is duly recorded, the foregoing deposit shall
be returned to the Developer and this Agreement shall be of no further force and effect.
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5010/UGM
Page 7
CITY OF FRESNO, OWNER
a Municipal Corporation
Rodney James Aluisi, a married man, as his
sole and separate property and
Btl7nning
Carolyn Aluisi Couto, a married woman, as her
ovino, Director sole and separate property and
and Development Department
James A. Aluisi, an individual
By: OMEGA DEVELOPERS, LLC
APPROVED AS TO FORM: a California Limited Liability Company
Buyer as Attorney-in-Fact for; Rodney
HILDA CANTO MONTOY James Aluisi, Carolyn Aluisi Couto, and
City Attorney James A. Aluisi
By:
aMo6bonald, Managing Member
Y
Deputy
DEVELOPER:
Copper Ridge Estates, LLC
a California Limited Liability Company
LD&E FORM Agreement Early Model Home v7-3-03
louisr 04-06-04
By:
onald, President
(Attach Notary Acknowledgment)
STATE OF CALIFORNIA
COUNTY OF FRESNO
On before me, Darlene Lemons, Notary Public, personally appeared
a✓ 16t-
personally known to me
❑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 acknowledge
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.
r � I)ARL:ENE LEMONS
U x COMM. #1310646 0
NOTARY PUBLIC-CALIFORNIA o
FRESNO COUNTY
Dar ene Lemons My Comm.Expires June 25,2005"]
Title or Type of Document: 4r-
DateofDocument:
y
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On April 12,2004, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Nick P. Yovino, Planning and Development Director, known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) 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 City Seal.
REBECCA E. KL ISCH
CITY CLERK
By CC
Deputy
EXHIBIT A
Agreement for Early Issuance of Model Home Building Permits for Tract No. 5010
The land referred to in this Agreement is described as follows:
The Northwest quarter of the Northeast quarter of Section 14 Township 12 South, Range 20
East, Mount Diablo Base and Meridian, according to the Official Plat thereof.
EXCEPTING THEREFROM: That portion of land as conveyed to the Clovis Unified School
District, a California Public School District in Donation Grant Deed dated June 10, 2003 and
recorded November 20, 2003 as Instrument No. 2003-0279951, Fresno County Records.
ALSO EXCEPTING THEREFROM: an undivided one-half interest in and to all oils, minerals of
every kind in or under said property, as reserved excepted in the deed from Mary Edith
Matthews and Aura Pauline Landers, the duly appointed, qualified and acting executrices of the
Estate of Achsah E. Sherwood, also known as A. E. Sherwood and also known as Achsah
Eleanor Sherwood, deceased, to Antonino Aluisi and Mary Aluisi, his wife, as joint tenants,
dated March 15, 1945 recorded March 17, 1945 in Book 2266 page 14 of Official Records,
Document No. 10956.
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