HomeMy WebLinkAboutT-5101 - Agreement/Covenant - 2/8/2005 r
WHEN RECORDED MAIL TO:
City Clerk IIII III III III ii iiil II III Ilili I III I Ilii 111 ilii)
City of Fresno FRESNO County Recorder
2600 Fresno Street Robert C Werner
Fresno, CA 93721-3603 DOC— 2004-0008972
Monday, JAN 12, 2004 15:59:05
Tt 1 Pd $0,00 Nbr-0001361175
jzg/R2/3-13
NO FEE-Government Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10424
JAF: 1681 East Banwell Lane
1667 East Banwell Lane
1668 East Banwell Lane
1682 East Banwell Lane
1696 East Banwell Lane
1724 East Banwell Lane
1695 East Banwell Lane
1668 East Dorchester Lane (T-5101, Lot 1)
AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS TRACT NO. 5101
I
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5101/UGM
Page 2
THIS AGREEMENT is made this 2— day of , 20.0 4-, by and
between the CITY OF FRESNO, a Municipal Corporation, hereinafter re erred to as the"City,"and
COPPER MAPLE ESTATES I, LP, a California Limited Partnership, 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
Southwest corner of East Copper Avenue and North Maple 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 Conditional Use
Permit(C-02-249)and Vesting Tentative Map No.5101 for a Planned Development on the Subject
Property. Additionally, the Developer has filed a Final Map of Tract No. 5101, 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.
E. The Subject Property is situated within the jurisdiction of the County of Fresno and
on October 1, 2003, was approved by the Fresno County Local Agency Formation Commission
(LAFCO) to be annexed into the City of Fresno. The annexation is not yet effective however, in
anticipation of the pending effective date of annexation of the Subject Property, the County of
Fresno Building Official has deputized the City of Fresno Building Official and authorized the City
of Fresno Building Official to issue building permits for model homes. 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. 5101/UGM
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 17, 1681 East Banwell Lane
Lot 18, 1667 East Banwell Lane
Lot 19, 1668 East Banwell Lane
Lot 20, 1682 East Banwell Lane
Lot 21, 1696 East Banwell Lane
Lot 23, 1724 East Banwell Lane
Lot 32, 1695 East Banwell Lane
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.
1. 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.
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Agreement for Early Issuance of Model Home Building Permits
Tract No. 5101/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 Seven Thousand
Dollars($7,000)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
}
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5101/UGM
Page 5
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
7 Units @ $ 85/Unit $ 595.00
Wastewater Facilities Charge
7 Lots @ $ 2,119 /Lot $ 14.833.00
Service Connection Charges - Water Meters per Lot
Lots 17-21, 23 and 32, 7 - 1" Meters @ $ 320 /each $ 2.240.00
Total Fees and Charges Due $ 17,668.00
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. 5101/UGM
Page 6
CITY OF FRESNO, DEVELOPER:
a Municipal Corporation COPPER MAPLE ESTATES I, LP
a California Limited Partnership
By: Copper Maple Estates I, Inc. A California
Corporation, General Partner
By By:
NYck 6f, Yovino, Director Leo A. son, President
Plan ng and Development Department
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By -A/
ep ty
(Attach Notary Acknowledgment)
LD&E FORM Agreement Early Model Home v7-3-03
Jon Bartel 12-08-2003
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California .1
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County of i Al s (�l,/1��C�Js
On 20�efore me, ;5,L(g� {/iQ�►' `..
Dateicer(e.g.,"Jane Dolk Notary Public")
personally appeared A. W me nd Ti9 of
Names 1 Signer(s)
i personally known to me
❑ proved to me on the basis of satisfactory
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evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
i 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 the person(s), or
Cam 1a the entity upon behalf of which the person(s)
y "00V wtbfc_ acted, executed the instrument.
F1=0 COW* 4ESShat Notary Public
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.
I Description of Attached Document
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Title or Type of Document:
Document Date: Number of Pages:
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Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
i
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•w .nationalnotary.org Prod.IVe.5907 Reorder:Call Toll-Free 1.800-878!827
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO
On January 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
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By� 1lZGLJ
Deputy
EXHIBIT A
Agreement for Early Issuance of Model Home Building Permits for Tract No. 5101
LEGAL DESCRIPTION
West'/z of the Northeast% of the Northeast '/4 of Section 14, Township 12 South, Range 20 East,
Mount Diablo Base and Meridian,according to the United States Government Township Plat, Fresno
County Records.
APN: 577-010-09
P.W. File No. 10424
. � t
Agreement for Early Issuance of Mode! Home Building Permits
Tract No. 5101/UGM
Page 9
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on �3Epra(., 000 , in the office of the Fresno County Recorder as
Instrument Nc,2()0gn23.2 of which the Deed of Trust in by and between:
)°P Z--J0 , as Trustor,
El IJ 14A/ r G m �� , as Trustee,
andTi¢ [ �,J,,�j,/.9-,✓y , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Agreement For Early Issuance of Model Home Building Permits .
DATED: ��C°6/II /�- /� , 20-
BENEFICIARY
By:
rJE/�,g d0 SSn+
BY:
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Count of A10 ss. .r
On Iv-3 before m Z&)&, Aw.,Q, ,
Dat Name d Title of OMicc r( .,"Jane Doe,Notary Public")
personally appeared V l
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Na (s)of Signer(s)
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personally known to me
❑ proved to me -on the basis of satisfactory
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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 his/her/their
conuvdmim#1423455 signature(s)on the instrument the person(s), or
Hafty hWAC-CaMoaio the entity upon behalf of which the person(s)
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M y d an ial seal.
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nature of Notary Public
OPTIONAL
i' Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent 1
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
l
Capacity(les) Claimed by Signer
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Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
I ❑ Partner—❑ Limited ❑General
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❑ Trustee
i ❑ Guardian or Conservator
i ❑ Other:
Signer Is Representing:
O 1999 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•wwwriationaWoulyom Prod.No.5907 Reorder.Call Toll-Free 1-800-878-M7
1
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5101/UGM
Page 9
SUBORDINATION
The undersigned as holf the beneficial interest in and under that certain Deed of Trust
recorded on l3Cpr4 QQ2L , in the office of the Fresno County Recorder as
In rument NQ ?003C1Z-129,5,2-of which the Deed of Trust in by and between:
OR06A tr 1507-,4-7105 �� G� , as Trustor,
/J✓�4, iAc_ Tgl-C"L!�M Ajk3l.Oijy as Trustee,
and �62LkS i.-j C, e' ^ '44 IV , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Agreement For Early Issuance of Model Home Building Permits .
DATED: C ��dE� �G , 20 A3
BENEFICIARY
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Sin T&� jre-
BY:
(Attach Notary Acknowledgement)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ego Ss. Ab��
County of - '
( On /671200:3before me,
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Date Name.,a�tl Ti`'of Officer(e.g.,"Jane Doe, olary Public")
personally appeared U
Names)of S'ner(s)
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evidence
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acknowledged to me that he/she/they executed
SHIMIIOWE the same in his/her/their authorized
Conwnbiiilon#1423455 capacity(ies), and that by his/her/their
5 Nolary FUW-CaMortdo
Filmsignature(s)on the instrument the person(s), or
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WIT S my �d and o ' ' I seal.
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Sign lure of Notary Public
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
i Title or Type of Document:
(
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: WIN%IN
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❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.nabonainotary.org Prod.No.5907 Reorder:Call Toll-Free 1.600-676-6627