HomeMy WebLinkAboutT-5135 - Agreement/Covenant - 3/2/2005 WHEN RECORDED MAIL TO:
City Clerk
w City of Fresno
y.. 2600 Fresno Street
O 0 Fresno, CA 93721-3603
C=) �"� 11/25/2@0312@030284551
NO FEE-Government Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10571
JAF: 5903, 5911 East Atchison Street
2145, 2163, 2239, 2243, 2251, 2273, 2279,2289 South Ezie Avenue
5906 East Florence Avenue
5882 East Erin Avenue (T-5135, Lot 1)
AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS TRACT NO. 5135
(Phase VI of Vesting Tentative Map 4570/UGM 563)
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5135/UGM
Page 2
THIS AGREEMENT is made this 947-'�6 day of Xvyember , 206-3 ,
by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the "City,"
and GRANVILLE HOMES, 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 Southwest corner of East Erin Avenue and South Fowler Avenue, between East California
and East Church Avenues.
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. 4570/UGM 563 on the Subject Property. Additionally, the Developer has filed a Final
Map of Tract No. 5135, 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 and 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
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:
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5135/UGM
Page 3
Lot 82, 5903 East Atchison Street
Lot 83, 5911 East Atchison Street
Lot 84, 2145 South Ezie Avenue
Lot 85, 2163 South Ezie Avenue
Lot 86, 2239 South Ezie Avenue
Lot 87, 2243 South Ezie Avenue
Lot 88, 2251 South Ezie Avenue
Lot 89, 2273 South Ezie Avenue
Lot 90, 2279 South Ezie Avenue
Lot 91, 2289 South Ezie Avenue
Lot 92, 5906 East Florence 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. 5135/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 ($1,000) per model home for a total amount of Ten
Thousand Dollars ($ 10,000) 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.
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5135/UGM
Page 5
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:
Wastewater Facilities Charge
11 Lots @ $ 1,910/Lot $ 21,010.00
Service Connection Charges - Water Meters per Lot
Lots 92 , 1 - 1-1/2" Meters @ $ 470 /each $ 470.00
Lots 82- 90, 10 - 1" Meters @ $ 320 /each $ 3.200.00
Total Fees and Charges Due $ 24,680.00
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
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5135/UGM
Page 6
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. 5135/UGM
Page .7
CITY OF FRESNO, DEVELOPER:
a Municipal Corporation
GRANVILLE HOMES, INC.
a Cali o nia Corporation
By
I k Yovino, Director
Plan ng and Development Department By. `
Farid Assem ; President
APPROVED AS TO FORM:
HILDA CANTO MONTOY (Attach Notary Acknowledgment)
City Attorney
By
Deputy
LD&E FORM Agreement Early Model Home v7-3-03
louisr 10-17-03
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On November 25, 2003 , before me, Elvia Sommerville personally
appeared Nick P. Yovino; Planning and Develb- ment 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
CITY CLERK
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DEPUTY
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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County of
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Date (Jame and Title of Officer(e..,-Jadoe,No Public")
personally appeared --� /A ® ,
Nanne(s)of Signers)
.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
S•U4 NGENFEL7ER acknowledged to me that he/she/they executed
COMM. 138Mthe same in his/her/their authorized
NWTMrPuf MO QAt�ON/11 capacity(ies), and that by his/her/their
COIN TY signature(s) on the instrument the person(s), or
Comm�' 2006 the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of NotaryPublic
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
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
fiffiN
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
EXHIBIT A
(Continues)
central angle of 29043'07" an arc distance of 430.51 feet, said curve also being along the Easterly
boundary of said Tract No. 4902; thence North 29048'23" West continuing along the Easterly
boundary of said Tract No. 4902, a distance of 20.95 feet to a point of intersection with the Easterly
boundary of said Tract No. 4902 and the Southeasterly boundary of Tract No. 5011 according to
the map thereof recorded in Volume 66 of Plats Pages 55, 56 and 57, Fresno County Records, said
point also being a point of curvature of a non-tangent curve concave northwesterly and having a
radius of 834.00 feet, the radial from said point bears North 31052'" West; thence northeasterly
along said curve through a central angle of 01 039'28" an arc distance of 24.13 feet, said curve also
being along the Southeasterly boundary of said Tract No. 5011; thence continuing along the
Southeasterly boundary of said Tract No. 5011, North 56028'29" East, a distance of 210.03 feet
to the point of curvature of a tangent curve concave to the southeast and having a radius of 766.00
feet; thence along said curve through a central angle of 01 047'15" an arc distance of 23.90 feet,
said curve also being along the Southeasterly boundary of said Tract No. 5011; thence North
31 044'16" West along the Easterly boundary of said Tract No. 5011, a distance of 149.47 feet;
thence North 00029'02" West continuing along the Easterly boundary of said Tract No. 5011, a
distance of 417.63 feet; thence South 89035'00" East, a distance of 695.52 feet to the point of
curvature of a curve concave to the north and having a radius of 34,402.49 feet; thence along said
curve through a central angle of 00022'00" an arc distance of 220.16 feet;thence South 89057'00"
East, a distance of 1,660.33 feet to the True Point of Beginning.
EXHIBIT A
Agreement for Early Issuance of Model Home Building Permits for Tract No. 5135
The land referred to in this Agreement is described as follows:
That portion of Lot 4 of Henrietta Rancho, recorded in Volume 2 of Plats at Page 20, Fresno County
Records together with that portion of abandon South Sunnyside Avenue which would accrue to said
lot by operation of law, as a portion of said street was abandoned as evidenced by that certain
instrument recorded February 7, 1957, in Book 3881 Page 455, Document No. 10132 of Official
Records Fresno County, together with Block 3 through 10, 15 through 17, 20 through 23, and
portions of Block 2, 11, 14, 18 and 19,together with portions of G, H, I,J, Cherry, Vine,Walnut and
Orange Streets as shown on the map of the Town of Butler recorded in Volume 4 of Plats Page 50,
Fresno County Records, together with that portion of the Northeast quarter of Section 16 and the
South half of the Southeast quarter of Section 9,both of Township 14 South, Range 21 East, Mount
Diablo Base and Meridian, more particularly described as follows:
Commencing at the Northeast corner of Section 16 of Township 14 South, Range 21 East, Mount
Diablo Base and Meridian; thence South 00°11'39" East along the East line of said Northeast
quarter a distance of 49.86 feet to the True Point of Beginning; thence continuing along the East
line of said Northeast quarter South 00011'39" East, a distance of 235.10 feet; thence North
89055'50" West along the centerline of"J" Street(now abandoned)as said street appears on said
Map of the Town of Butler, a distance of 55.00 feet; thence North 00°11'39"West, parallel with and
55.00 feet west of the East line of said Northeast quarter a distance of 15.00 feet; thence North
89055'50"West, parallel with and 15 feet north of said centerline,a distance of 821.76 feet;thence
South 00029'03" East, a distance of 141.29 feet; thence South 19015'13" West, a distance of
70.60 feet to the point of intersection with a non-tangent curve concave southwesterly and having
a radius of 847.00 feet, the radial from said point bears South 24050'56" West; thence
southeasterly along said curve through a central angle of 00036'21," an arc length of 8.95 feet;
thence South 64032'43" East, a distance of 17.54 feet; thence South 00029'03" East, a distance
of 848.65 feet to a point on the South line of the north half of the said Northeast quarter; thence
North 8904746"West along said South line, a distance of 1,722.25 feet to a point being 30.00 feet
east of the West line of the Northeast quarter, said point also being on Easterly boundary of Tract
No. 4902 according to the map thereof recorded in Volume 64 of Plats, Pages 31, 32 and 33,
Fresno County Records;thence North 00005'16"West parallel with and 30.00 feet east of the West
line of the Northeast quarter, said line also being along the Easterly boundary of said Tract
No. 4902, a distance of 172.89 feet to the point of curvature of a tangent curve concave to the
Southwest and having a radius of 830.00 feet; thence Northwesterly along said curve through a