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Home My WebLink AboutT-5215 - Agreement/Covenant - 9/6/2005 WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street OFresno, CA 93721-3603 20050196690 ILL. 0a12312005, z 0 C.) LU NO FEE-Government Code 6103 9 CITY OF FRESNO CL Planning and Development Department P.W. File No. 10759 JAF: 2012, 2015 South Seventh Street 2008, 2011 South Eighth Street AGREEMENT FOR EARLY ISSUANCE OF MODEL HOME BUILDING PERMITS TRACT NO. 5215 Agreement for Early Issuance of Model Home Building Permits Tract No. 5215/UGM Page 2 THIS AGREEMENT is made this/ day of > 20 Os, by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and Spradling Construction 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 on the east side of South Orange Avenue between East California Avenue and East Dwight Way, within the Roosevelt Community Plan area. 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. 5215 on the Subject Property. Additionally, the Developer has filed a Final Map of Tract No. 5215, 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. 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. 5215/UGM Page 3 Lot 1, 2012 South Seventh Street Lot 8, 2015 South Seventh Street Lot 9, 2008 South Eighth Street Lot 17, 2011 South Eighth 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. 5215/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. 5215/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 1, 8, 9, 17 4 - 1" Meters @ $ 330 /each $ 1,320.00 Total Fees and Charges Due $ 9,796.00 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. 5215/UGM Page 6 CITY OF FRESNO, DEVELOPER: a Municipal Corporation Spradling Construction Inc., a California B Corporation. c ino, Director Plat ing and Development Department By. Sherman S radling, President APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney (Attach Notary Acknowledgment) By 14AZ �-t2� Deputy K:\Louisr\FT 5215\FORM Agreement Early Model Home FT5215 v07-02-04.wpd louisr frankfs jonb 7-3-03 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On before me, personally appeared qts 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- By STATE OF California COUNTY OF Fresno On July 22, 2005 before me, C.A. Henson (Name of Notary Public) personally appeared Sherman Spradlin4 personally known to me (or 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 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NSON IVA-- . A. HE4794""� comm.C #1479478 � (Signature of Notary Public) NOTARY PUBLIC CALIFORNIA; FRESNO COUNTY. Mg Comm.Expires Mar.30,2008 (This area for notarial seal) (notary)(07-02) EXHIBIT A Agreement for Early Issuance of Model Home Building Permits for Tract No. 5310 PARCEL 1: The West half, and the West 10 feet of the East half, of Lot 14 Dwight Park, according to the map thereof recorded in Book 8 Page 14 of Record of Surveys, Fresno County Records. PARCEL 2: The East half, of Lot 14 Dwight Park, according to the map thereof recorded in Book 8 Page 14 of Record of Surveys, Fresno County Records. EXCEPTING THEREFROM the West 10 feet thereof. PARCEL 3: Lots 11, 12 and 13 of Dwight Park, according to the map thereof recorded in Book 8 Page 14 of Record of Surveys, Fresno County Records. EXCEPTING THEREFROM the West 10 feet as Granted to the County of Fresno by Deed recorded October 31, 1972, as Document No. 97225, in Book 6086 Page 580 of Official Records. Agreement for Early Issuance of Model Home'Building Permits T Tract No. 5215/UGM Page 9 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on Or-TOber 3 , 2003 in the office of the Fresno County Recorder as Document No. zoo3o23L1yi9 of which the Deed of Trust in by and between: Gpradling CO✓1STrOCTiOn Inc. , as Trustor, C�,ico7 o r,rle Comeony _ , as Trustee, and Jock Mcc(e flan , 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: , 20_� BENEFICIARY By: JOCK Nlccle.f10', BY: (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) STATE OF California COUNTY OF Fresno On August 8, 2005 before me, C.A. Henson (Name of Notary Public) personally appeared Jack McClellan personally known to me (or 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 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal C. A. HEPJ50PJ (Signature of Notary Public) I.Vqpt4o CQMM. #1479478 ' NTARY PUBLIC CALIFORNIA FRESNO COUNTYy Comm.Expires Mar.30,2008 (This area for notarial seal) (notary)(07-02) Agreement for Early Issuance of Model Home Building Permits Tract No. 5215/UGM Page @ P SUBORDINATION The Undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 10th. 2005, in the office of the Fresno County Recorder as Document No. 2005-0129793 of which the Deed of Trust in by and between: Spradling Construction Inc., a California corporation, as Trustor, Estate Financial, Inc., a California corporation, as Trustee, and Estate Financial, Inc., a California Corporation, as Beneficiary, herby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Agreement For Issuance of Model Home Building Permits. Dated: July 18, 2005 Estat Fi i 1, Inc., a Ca ifornia corporation By: Jo u M. Ya a, ice President State of California County of San Luis Obispo On July 18th. 2005 before me, e J S _, personally appeared, Joshua M. Yaguda, (or proved to me on the basis of satisfactory evidence) to be the person( whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature(s) on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. SHERRY DAVIS COMM.#1483543 m Notary Public-Callfornia fA LU o SAN LUIS OBISPO COUNTY -+ My comm.Exp.Jan 17,2008 Signature (Seal)