HomeMy WebLinkAboutT-5137 - Agreement/Covenant - 3/11/2005 WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603 03/11/2005,20050055045
0
w NO FEE-Government Code 6103
U CITY OF FRESNO
CD
Planning and Development Department
U
P.W. File No. 10676
JAF: 1949, 1955 North State Street
AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS TRACT NO. 5137
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5137/UGM
Page 2
4-kTHIS AGREEMENT is made this l I — day of 20_0�, by and
between the CITY OF FRESNO,a Municipal Corporation, hereinafter referred to as the"City,"and
N
Centex Homes,190, a Nevada General 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
Southeast corner of West McKinley Avenue and North Polk 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 Tentative Map No.
5137 on the Subject Property. Additionally,the Developer has filed a Final Map of Tract No. 5137,
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. 5137/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 51, 1955 N. State Street
Lot 52, 1949 N. State Street
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. 5137/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 Two Thousand
Dollars($2,000)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. 5137/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:
Wastewater Facilities Charge
2 Lots @ $ 2,119/Lot $ 4.238.00
Service Connection Charges -Water Meters per Lot
Lots 51 & 52, 2 - 1" Meters @ $ 330 /each $ 660.00
Total Fees and Charges Due $ 4,898.00
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. 5137/UGM
Page 6
CITY OF FRESNO, DEVELOPER:
a Municipal Corporation
CENTEX HOMES,
a Nevada General Partnership
by: Managing General Partner
By: CENTEX REAL ESTATE CORPORATION,
Ni ino, Director a Nevada Corporation
Planninc Ind Development Department
by:
Davi Hatch, Division President
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
9 By: (Attach Notary Acknowledgment)
Deputy
K:\jonb\Map docs\Final Maps\FM 5137\FORM Agreement Early
Model Home FT5137 v07-02-04.wpd
louisr jonb 7-3-03
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
(
(
State of California
�-- ss.
County of
(
(
On'A_i1, , / Z0S before me, /(�10171'
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
( ��
personally appeared —LtU l fr1`
Name(s)of Signer(s)
personally known to me
O 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), and that by his/her/their
signature(s) on the instrument the person(s), or
V.C.PATTON the entity upon behalf of which the person(s)
Commission#t3288o4 Z acted, executed the instrument.
( Z Notary Public-California y
Tulare County
MbCanm.E*MNov21,2005 WITNESS my han and official seal.
Place Notary Seal Above Signature of Notary Public
(
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationelnotary.o,g Prod.No.5907 Reorder.Cell Toll-Free 1-60D-676-6827
CLERK'S CER TIF/CATION
STA TE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On March 11 , 2005, 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
instruments(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. KLISCH
CITY CLERK, CMC
0
By 0
Deputy 3/11/2005 8:21:24 AM
L
EXHIBIT A
Agreement for Early Issuance of Model Home Building Permits for Tract No. 5137
REAL PROPERTY IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
PARCEL 1 OF PARCEL MAP NO. 5585, ACCORDING TO THE MAP THEREOF RECORDED IN
BOOK 35 OF PARCEL MAPS AT PAGE 34, FRESNO COUNTY RECORDS, LYING WITHIN THE
NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT
DIABLO BASE AND MERIDIAN, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF
CALIFORNIA.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 34; THENCE, SOUTH
00037'32"WEST, ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF SECTION 34,
A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1 AND TO THE
TRUE POINT OF BEGINNING;THENCE,SOUTH 89°29'24"EAST,ALONG THE NORTH LINE OF
SAID PARCEL 1, A DISTANCE OF 651.74 FEET; THENCE, SOUTH 00°38'35" WEST, A
DISTANCE OF 392.61 FEET;THENCE, NORTH 89°22'28"WEST,A DISTANCE OF 651.62 FEET
TO THE WEST LINE OD SAID PARCEL 1;THENCE,NORTH 00°37'32"EAST,ALONG THE WEST
LINE OF SAID PARCEL 1,A DISTANCE OF 391.30 FEET TO THE TRUE POINT OF BEGINNING.
APN: PORTION OF 312-101-36
, , 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
(r
State of California
ss.
County of
(
i
0nj` ALt.Aj¢a l�1& ? , before me, 12J to�7'MJ
D e Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared 71 I) to 4",k I�- ,k
Name(s)of Signer(s)
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
v.C.=OMOW6 the same in his/her/their authorized
Commisaion132880rt capacity(ies), and that by his/her/their
i Notary Public-C111MO da signature(s)on the instrument the person(s), or
Tulare County the entity upon behalf of which the person(s)
My Comm.ExPiieallov21,2W5 acted, executed the instrument.
WITNE S my hand and official seal.
Place Notary Seal Above Signature of Notary Public
(
(
(
l
(
I
0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationairrotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-8827