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Home My WebLink AboutT-5237 - Agreement/Covenant - 12/29/2005 WHEN RECORDED MAIL TO: °� '� IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII City Clerk city of Fresno FRESNO County Recorder 2600 Fresno street Robert C. WernerDOC— 2004-0260934 Fresno, CA 93721-3603 + Friday, NOV 19, 2004 13:35:24 Tt 1 Pd $0.00 Nbr-0001660583 r9r/R7/1-9 NO FEE-Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. file No. 10681 JAF: 7082, 7092, 7102, 7112 East Ramona Way 7488, 7478, 7468, 7458 East Dayton Avenue 7082 East Ramona..Way (T-5237, Lot 1) AGREEMENT FOR EARLY ISSUANCE OF MODEL HOME BUILDING PERMITS FOR FINAL MAP OF TRACT NO. 5237 i r, Agreement for Early Issuance of Model Home Building Permits Tract No. 5237/UGM Page 2 THIS AGREEMENT is made this ''� day of N r ;din , 20 , by and between the CITY OF FRESNO,a Municipal Corporation, hereinafter referred to as the"City,"and WOODSIDE AVALON, LLC., a California Limited Liability Company,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 apart of this Agreement,which is generally located at the Southeast corner of East Dakota Avenue and North Temperance 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-03-204)acid Vesting Tentative Map No.5237 for a Planned Development on the Subject. Property. Additionally, the Developer has filed a Final Map of Tract No. 5237, 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: Lot 1, 7082 East Ramona Way Lot 2, 7092 East Ramona Way Lot 3, 7102 East Ramona Way Agreement for Early Issuance of Model Home Building Permits Tract No. 5237/UGM Page 3 Lot 4 , 7112 East Ramona Way Lot 301, 7488 East Dayton Avenue Lot 302, 7478 East Dayton Avenue Lot 303, 7468 East Dayton Avenue Lot 304, 7458 East Dayton 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 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 Agreement for Early Issuance of Model Home Building Permits Tract No. 5237/UGM Page 4 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 Eight Thousand Dollars($8,000)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. 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 8 Lots @ $ 2,119 /Lot $ 16.952.00 Service Connection Charges - Water Meters per Lot w Agreement for Early Issuance of Model Home Building Permits Tract No. 5237/UGM Page 5 Lots 1-4, 301-304, 8 - 1" Meters @ $ 330 /each $ 2,640.00 Total Fees and Charges Due $ 19,592.00 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. 5237/UGM Page 6 CITY OF FRESNO, DEVELOPER: a Municipal Corporation Woodside Avalon, LLC., . a California Limited Liability Company By All By: � Nic KP. ovino, Director et tfe, President Planni and Development Department APPROVED AS TO FORM: . . HILDA CANTO MONTOY (Attach Notary Acknowledgment). City Attorney 7 By De ty J:\Map docs\Final Maps\FM 5237TORM Agreement Early Model Home v07-02-04.wpd JB 9-29-04 STATE OF CALIFORNIA COUNTY OF FRESNO On OCTOBER 15, 2004, before me, WILLIAM A. RICE, a Notary Public of the State of California, personally appeared SETH J. URE, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument . Witness my hand and official seal . (Seal) �w I ee__ Notary Public WILLIAM A,RI-E P. f°, *. r f-AM -1352926 i ea r, ddotMAD RACCUNTY a rn iris Co m rEx pV.a 3,20a C e f u r CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO CITY OF FRESNO ) On November 19,2004,before me,Erika Leyva,Deputy City Clerk,personally appeared Nick P. Yovino,Director Planning and Development Department,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. KLISCH CITY CLERK .s . / " r By v DeS ��ut i .JJ Y EXHIBIT A Agreement for Early Issuance of Model Home Building Permits for Tract No. 5237 Parcel 1: Lot 49 of Eggers Colony, in the City of Fresno, County of Fresno, State of California, according to r the map thereof recorded January 9, 1891, in Book 4, Page 60 of Plats, Fresno County Records. Parcel 2: Lot 52 and 53 of Eggers Colony, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded January 9, 1891, in Book 4, Page 60 of Plats, Fresno County Records. Parcel 3: Lot 54 of Eggers Colony, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded January 9, 1891, in Book 4, Page 60 of Plats, records of said county. f t L