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HomeMy WebLinkAboutT-5247 - Agreement/Covenant - 3/2/2005 i Recording Requested by 200500 16 City Clerk, Fresno, California 0111412005, No Fee-Govt. Code 6103 Return to City Clerk, Fresno O U Z VABOVE SPACE FOR RECORDER'S USE W a AGREEMENT TO ADVANCE CONSIDERATION LU OF FINAL MAP FOR TRACT 5247 J Date: December 20, 2004 Parties: (1) OWNER(S) OF TENTATIVE TRACT 5247 CAMPOS BROTHERS, a California General Partnership ("Campos Brothers") GRANTLAND AVENUE, LLC, A California .Limited Liability Company, ("Grantland Avenue") IMAGE HOMES, INC., a California Corporation ("Image Homes") Hereinafter, collectively referred to as "Owner or Subdivider" (2) CITY OF FRESNO, a Municipal Corporation ("City") (3) GRANVILLE.HOMES, Inc., a California Corporation ("Granville Homes") (4) FARID ASSEMI, an individual ("Assemi") RECITALS Whereas, Subdivider is owner of Subject Property as represented in Tentative Tract 5247; and, Whereas, Subdivider desires City to act on the Final Map for Tract 5247 at the City Council hearing on December 21, 2004; and, Whereas, Subdivider as a condition of approval to Final Map for Tract 5247 was required to either form a homeowners association or petition the City to annex Tract 5247 to Communities Facility District No. 2 ("CFD-2") to maintain landscaping and right of way improvements; and, Whereas, Subdivider has elected to petition the City to annex Tract 5247 to CFD- 2; and, Whereas, the Subdivider wants Final Map for Tract 5247 to go to Council for approval on December 21, 2004; and Whereas, the hearing for annexation of Tract 5247 to CFD-2 cannot be heard before January 4, 2004 because of statutory noticing requirements; and, Whereas, selling any portion of the Subject Property which is the subject of the Final Map for Tract 5247 prior to its annexation to CFD-2 could interfere with noticing and timing with respect. to the required CFD-2 annexation process, potentially require re-noticing, and create difficulties in ascertaining property owners for statutory noticing requirements, and potentially allow new property owners to decline or stop annexation; and; and Whereas, as a condition to approving Final Map for Tract 5247 before annexation to CFD-2 has occurred, the City is requiring that Subdivider enter into an agreement to ensure that Subdivider will not sell any portion of the Subject Property Tract 5247 before annexation of Tract 5247 to CFD-2; and Whereas, this Agreement is intended to insure that annexation to CFD-2 is not interfered with by actions of the Subdivider and the City's risk of incurring ongoing perpetual liability in maintaining the landscaping for Tract 5247 is offset by the Subdivider's personal assumption of responsibility for those improvements and maintenance. Agreements: " 1. All of the foregoing Recitals are incorporated herein by reference in their entirety. 2. City agrees to proceed with the hearing on the Final Map for Tract 5247 on December 21, 2004, as presently scheduled. 3. In consideration of the provisions of Paragraph 2 above and' except as provided below, Subdivider represents and warrants that it has not sold or entered any agreement to sell any portion of the real property which is the subject of the Final Map for Tract 5247 and there are absolutely no purchase and sale agreements, deposit receipts, conditional sales, escrows, deposits or other agreements of any kind contemplating any such sales. Grantland Avenue has agreed to or has transferred an undivided interest in a portion of the Subject Property to Image Homes. Image Homes expressly waives any further noticing of the proposed annexation of the Subject Property to CFD-2. 2 4. Subdivider, for itself and its successors and assigns, including, but not limited to, any subsequent owner of any portion of the subject real property, covenants and agrees that until the subject property has been annexed to CFD No. 2 in the-manner required by law, except as described in Paragraph 3 above, Subdivider will not enter into any agreement contemplating the sale or other conveyance of all or any portion of the Subject Property. 5. Subdivider acknowledges its obligation and intention to cause the Subject Property to be annexed to CFD No. 2 subject to approval of such formation and annexation by City in the manner provided by law. Without limiting the generality of the foregoing, Subdivider will not protest the amount of the maximum special tax for CFD No. 2 ($697). 6. The City does not warrant that Tract 5247 will be annexed to CFD No. 2 and the City assumes no responsibility for landscaping and maintaining Tract 5247 if for any reason Tract 5247 is not annexed to CFD-2. 7. Subdivider agrees to pay any additional costs incurred by the City to process CFD No. 2 caused by Subdivider's actions on a time and material basis. 8. Subdivider will be responsible for, and shall indemnify, defend, hold the City harmless from additional costs and/or claims resulting from CFD No. 2, this Agreement, and the Final Map for Tract 5247. 9. If Tract 5247 is not annexed to CFD No. 2 upon its formation, Subdivider assumes responsibility for landscaping and maintenance costs required in the Approval for Tract 5247. The liability for such costs may be assumed b a Conditions ofty y y home owner's association subject, to the City's reasonable approval of the organizational documents of any such home owner's association. 10. This Agreement shall terminate and be of no further force or effect upon annexation of the Subject Property to CFD No. 2. 11. The provisions of this Agreement shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Whenever the context so requires, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. 12. This agreement shall not be construed to limit the parties' rights and obligations at law and in equity. 13. In the event Tract 5247 is not annexed to CFD-2 and the landscaping improvements and maintenance obligations as provided in this Agreement are breached, the Subdivider agrees to grant a lien for the benefit of the City in any property 3 the Subdivider retains in Tract 5247 at the time the breach occurs, in an 'amount that the Public Works Director determines is.adequate to secure ongoing maintenance costs and any unmet improvement costs for Tract 5247. Subdivider hereby agrees that in the event of breach as described in this paragraph, the City. may record a lien on real property in the City of Fresno upon thirty (30) days written notice to the Subdivider of breach and opportunity to correct and upon Subdivider's failure to correct. In addition to such lien rights, Granville Homes and Assemi hereby jointly and severally personally guaranty Subdivider's performance of all of the terms and conditions of this Agreement by Subdivider. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation CAMPOS BROTHERS, a California By: � K,l �� General Partnership ("Campos Brothers") Michael T. Kirn, P.E., Director Public Works Department By' � G NTLAND AVENUE, LLC, A California APPROVED AS TO FORM: imite d Lkabi ' C mpa y, ("Grantland Av Hilda Cant" onto Ci Attor y By: Deputy IMAGE HOMES, INC., a California Corporation ("Im. ge Homes") GRANV LLE HOMES, INC., a California By: 7w (Attach Notary Acknowledgment) i By: Farid Assemi, President I Farid Assemi, an individual 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of County of �d � On 12- before me, s , DATE NAME,TITLE OF OFFICER-E.G.,"JAN DOE,NOTARY PUBLIC' personally appeared , ME(S)OF SIGNER(S) 12/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 ac- knowledged to me that he/she/they executed the same in his/h,er/their authorized CHMSTINES.LINGENFE�TER ca acit les and that b his/her/their COMM.#1380834. p Y( ), Y „oT� PUKX0 cauFORM signature(s) on the instrument the person(s), FRESNO COUNTY Caffwn.E*.OCT.20,2006 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE F NOT N07 TY . Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 I State of 6o'b Apa /G-� County of F/'4?,SnV On 12— before me, ,S• 17� , ATE VV NAME,TITLE OF OFFICER-E.G.,"JA OE,NOTARY PUBLIC" personally appeared 1�1� �» S f eWL1 r NAME(S)OF SIGNER(S) 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized CHRIS TINES.LINGENFELTER capacity(ies), and that by his/her/their COMM.#,ssossa signature(s) on the instrument the person(s), X NOTARY PUBLIC•CALIFORNIA FRESNO COUNTY or the entity upon behalf of which the Comm.Exp.OCT.20,2006 person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE&NOT Y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on.the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 ------ - -------- State of CAI1�_mILC County of rre,6i 2 o On 12- / ,Z0 before me, W_-) D TE //�� NAME,TITLE OF OFFICER-E.G.,"J DOE,NOTARY PUBLIC" personally appeared ra.r1d Ass r It NAME(S)OF SIGNER(S) Ld'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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized . CHRISTINE S.LINGENFELTER capacity(ies), and that by his/her/their COMM.#1380B34 z NOTARypUMM0 CAuFORMA signature(s) on the instrument the person(s), Comm.Exp ocT zo or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATUR OINOT Y OPTIONAL I Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE -------- - - -------------- ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of _> County of On 1XI d b before me, -�&j S• km , DATE NAME,TITLE OF OFFICER-E.G., J NE DOE,NOTARY PUBLIC" personally appeared Fa ki / 45S em4, NAME(S)OF SIGNER(S) 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 ac- knowledged to me that he/she/they executed CHRISTINE S.UNGENFELTER the same in his/her/their authorized COMM.0 1380834. NOTARYPUBLIC9CAUFOFMA capacity(ies), and that by his/her/their FRESNOCT 0 SI natures on the instrument theperson(s), c«nm.�.OCT.20,2006 g ( ) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. I • 16 - SIGNATURE OF NC&RY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED El GENERAL 1-1ATTORNEY-IN-FACTNUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of 11 -62 M t GU County of rre-6 o On ZO7 before me, , DATE 1 NAME,TITLE OF OFFICER-E.G.,-J E.DOE OTARY PUBLIC' personally appeared ra-In G] A,5s l , —✓ NAME(S)OF SIGNER(S) u/ 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 ac- knowledged to me that he/she/they executed CHRISTINE S.LINGENFELTER the same in his/her/their authorized coMnn. 13aos�a ca acit les and that b his/her/their NOTARY vueuc.CAUF04MA p Y( ), Y FResNocoUN Y signature(s) on the instrument the person(s), cone►►. v.ocr-Zo,Zoos or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE&NOTle OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On December 22, 2004, before me, Elvia Sommerville, Deputy City Clerk,personally appeared, M.T. Kirn, Public Works 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, CMC CITY CLERK By Deputy :December-22,_2004(4:46pm)