HomeMy WebLinkAboutT-5098 - Agreement/Covenant - 2/10/2005 WHEN RECORDED MA*rO: II I I ! ! !!!!!
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City Clerk FRESNO County Recorder
City of Fresno Robert C. Werner
2600 Fresno Street DOC_ 2004_0021943
Fresno, CA 93721-3603 Thursday, JAN 29, 2004 14:58:42
1t 1 Pd $0.00 Nbr-0001376770
rgr/R7/1-9
NO FEE-Government Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10581
JAF: 4676, 4670, 4664, 4658 West Morris Avenue
4799 West Roberts Avenue (T-5098, Lot 1)
AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS TRACT NO. 5098
•
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5098/UGM
Page 2
THIS AGREEMENT is made this 49 day of danLtkr V , 20_9,6_, by and
between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and
LENNAR FRESNO, INC., a California Corporation, hereinafter referred to as the "Developer,"
without regard for number or gender.
RECITALS
A. The Developer 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 West Bullard Avenue and North Cornelia Avenue.
B. The 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 Vesting Tentative
Map No. 5098 on the Subject Property. Additionally, the Developer has filed a Final Map of Tract
No. 5098, hereinafter referred to as the"Final Map"pursuant to said Tentative Map, which will be
presented for City Council action.
D. The Developer is requesting the issuance of building permits to construct model
homes on the Subject Property prior to the approval and recording of the Final Map.
E. Such building permits will be issued and inspected in accordance with City of
Fresno codes and regulations
Agreement for Early Issuance of Model Home Building Permits
Tract No. 50981UGM
Page 3
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 62, 4676 West Moms Avenue
Lot 63, 4670 West Morris Avenue
Lot 64, 4664 West Morris Avenue
Lot 65, 4658 West Morris Avenue
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. 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 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 for Early Issuance of Model Home Building Permits
Tract No. 5098/UGM
Page 4
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,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 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 under the provisions of Paragraph
2 hereof, the 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 ($1,000) per model home for a total amount of Four Thousand
Dollars ($ 4,000 ) 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 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.
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5098/UGM
Page 5
6. The Developer has paid the fees and charges due as a condition of approval of this
Agreement for the model homes as follows:
Wastewater Facilities Charge
4 Lots @ $2,119/Lot $ 8.476.00
Service Connection Charges - Water Meters per Lot
Lots 62-65, 4 - 1" Meters @ $ 320 /each $ 1.280.00
Total Fees and Charges Due $ 9,756.00
7. The obligations of 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 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.
10. The 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 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. 5098/UGM
Page 6
CITY OF FRESNO, DEVELOPER:
a Municipal Corporation
Lennar FretMton,
a Californin
By By:
Nick P. Y in , Director eVice-President
Plannin nd Development Department
APPROVED AS TO FORM:
HILDA CANTO MONTOY (Attach Notary Acknowledgment)
City Attorney
By
eputy
LDBE FORM Agreement Early Model Home v7-3-03
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF Fresno }
On January 28, 2004 before me, Tauna Rothermel , personally appeared
STEVE LUTTON
-..o 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
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), an 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. TAUNAROTHERML
con mwgon#136117g
z Notary Publk-CaNfornla
Frs&no county
�lyconxr�,E��gpr 13.2006
Signature
L__- ' (NOTARY SEAL)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF FRESNO
CITY OF FRESNO
On January 29, 2004 , before me, Elvia Sommerville personally
appeared Nick P. Yovino, Planning and Development Director 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, CMC
CITY CLERK
a
By �G -v
DEPUTY
i
TRACT 5098
LEGAL DESCRIPTION
Lots 961 through 966, the West 200.00 feet of Lot 967 and a portion of West Browning
Avenue right-of-way of Bullard Lands Irrigated Subdivision No. 6, in the City of Fresno,
County of Fresno, State of California, according to the map thereof recorded in Volume 8
of Plats at Pages 25 and 26, Fresno County Records, all together described as follows:
BEGINNING at the Northwest corner of said lot 976; thence North 00'17'04" West,
along the Northerly prolongation of the West line of said Lot 976, a distance of 25.00 feet
to the TRUE POINT OF BEGINNING;
Thence North 00°17'04" West, continuing along the Northerly prolongation of the West
line of said Lot 976, along the West line of said Lots 965 and 964, a distance of 980.01
feet to the Northwest corner of said Lot 964; thence North 86°46'34" East, along the
North line of said Lots 964, 963, 962 and 961, a distance of 1201.79 feet to the Northeast
corner of said lot 961; thence South 00°16'44" East, along the East line of said Lot 961,
along the East line of the West 200.00 feet of said Lot 967 and the Southerly
prolongation thereof, a distance of 1048.14 feet to a point on the centerline of said West
Browning Avenue; thence North 89°58'27" West, along the centerline of said West
Browning Avenue, a distance of 1200.13 feet to the TRUE POINT OF BEGINNING.
EXHIBIT"A"
A