HomeMy WebLinkAboutT-5247 - Agreement/Covenant - 3/2/2005 (2) WHEN RECORDED MAIL TO:
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City Clerk FRESNO Count Recorder
City of Fresno y
2600 Fresno Street Robert C. Werner
Fresno, CA 93721-3603 DOC— 2004-0228670
Friday, OCT 08, 2004 13:37:40
Ttl Pd $0,00 Nbr-0001622788
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NO FEE-Government Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10684
JAR 6985 West Oswego Avenue
5839, 5855, 5871, 5887, 5903, 5919, 5935 North Sycamore Avenue
5937, 5954, 5938, 5922 North La Ventana Avenue
5937, 5954 North Caspian.Avenue
AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS TRACT NO. 5247
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Agreement for Early Issuance of Model Home Building Permits
Tract No. 5247/UGM
Page 2 II �t
THIS AGREEMENT is made this C> —day of C C:`{C)�C� �' , 20 �!4-;by and
between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and
Campos Brothers,a California general partnership, hereinafter referred to as the"Owner,"without
regard for number or gender and Granville Homes Inc., a California Corporation, 1396 West
Herndon Avenue, Suite 101,.Fresno, California, 93711, hereinafter designated and called the
("Developer").
RECITALS
A. The Owner 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 Bullard Avenue and North Grantland Avenue.
B. The Owner and 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-04-042)and Vesting Tentative Map No.5247 for a Planned Development on the Subject
Property. Additionally, the Developer has filed a Final Map of Tract No. 5247, 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, including but not limited to,compliance with the provisions of Section
12-4.508.E.1 (UGM FIRE STATIONS, UGM DEVELOPMENT RESTRICTIONS) of the Fresno
Municipal Code.
�s
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5247/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 43, 6985 West Oswego Avenue
Lot 44, 5839 North Sycamore Avenue
Lot 45, 5855 North Sycamore Avenue
Lot 46, 5871 North Sycamore Avenue
Lot 47, 5887 North Sycamore Avenue ,
Lot 48, 5903 North Sycamore Avenue
Lot 49, 5919 North Sycamore Avenue
Lot 50, 5935 North Sycamore Avenue
Lot 57, 5937 North La Ventana Avenue
Lot 58, 5954 North La Ventana Avenue
Lot 60, 5922 North La Ventana Avenue
Lot 64, 5939 North Caspian Avenue
Lot 65, 5955 North Caspian 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. The Owner and.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.
Agreement for Early Issuance of Model Home Building Permits
Tract No. 52471UGM
Page 4
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 forthe 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 Owner and 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 Owner and 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 Dollars ($1,000) per model home for a total amount of Thirteen
Thousand Dollars($ 13,000 ) 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.
a
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5247/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
13 Lots @ $ 2,119 /Lot $ 27.547.00
Service Connection Charges - Water Meters per Lot
Lots 43, 44, 46, 47, 50, 57, 58, 65, 8 - 1-1/2" Meters @ $ 455 /each $ 3.640.00
Lots 45, 48, 49, 60,,64, 5 - 1" Meters @ $ 330 /each $ 1.650.00
'a
Total Fees and Charges Due $ 32,837.00
7. The obligations of the Owner and Developer provided in this Agreement are joint
and several.
8. This Agreement shall in noway whatsoever be construed as the granting by the City
of any rights to the Owner/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 Owner and 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.
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5247/UGM
Page 6
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 Owner and 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.
,l
6
CITY OF FRESNO, OWNER:
a Municipal Corporation
Campos Brothers, a California general
partnership
By _
k , Yovino, Director By;
Plan 7
g and Development Department Fermin Campos, Partner
APPROVED AS TO FORM:
By:
HILDA CANTO MONTOY Antonio Campos, Pa r
City Attorney
DEVELOPER:
BY
Deputy Granville Homes Inc. , a California Corporation
By:
Da ius semi, Vlc President
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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t On l 1 -� before me��.:
Date Name and Title of Officer(e.g.,"Jane Doe,Not ry Public")
personally appeared it A-
Name(s)of Signer(s)
( U,11'ersonally 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
CHRISTINE S.UNGENFELTER acknowledged to me that he/she/they executed
COMM.#t 1380834 the same in his/her/their authorized
C NOTAWPI MX*CAUFORMA capacity(ies), and that by his/her/their
( FRESNO COUNTY signature(s) on the instrument the person(s), or
Conan.Exp.OCT.20,2008
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal. /
Signature of Notary Public`
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(` OPTIONAL
t` 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
t
t Signer's Name:
❑ Individual Top of thumb here
t' ❑ Corporate Officer—Title(s):
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( ❑ Attorney-in-Fact 1
❑ Trustee
❑ Guardian or Conservator
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C Signer Is Representing:
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0 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
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
( On ovv before me,l � ``(- --ftE'
( Date Name and Title of Officer(e.g.,"Jane Doe,Ndt Public")
( personally appeared
Name s)of Signer(s)
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( ersonally known to me
❑ proved to me on the basis of satisfactory
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evidence
( to be the person(s) whose name(s) is/are
( CHW$TK S.UNGENIFELTER subscribed to the within instrument and
(` comm.01380834 acknowledged to me that he/she/they executed
NprARYPUBW0 CAUFO ► the same in his/her/their authorized
( FRESNO COUNTY
Comm.Exp.OCT.20,2006 capacity(ies), and that by his/her/their
( signature(s) on the instrument the person(s), or
i the entity upon behalf of which the person(s)
acted, executed the instrument.
(; WITNESS my hand and official seal.
f. Signature of Notary Public -
iF.
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(les) Claimed by Signer
(` Signer's Name:
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❑ Individual Top of thumb here
( ❑ Corporate Officer—Title(s):
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( ❑ Guardian or Conservator
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(, Signer Is Representing:
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Boz 2402•Chatsworth,CA 91313-2402•www.nalionalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1.800.876-6827
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
a
` 0 ss.
( County of
On � before me,
( Date Name and Title of Officer(e.g.,"one Doe, Lary Pu i s)
personally appeared6LI ,
N e(( of Signer(s)
Pf�1 personally known to me
❑ proved to me on the basis of satisfactory
f evidence
( to be the person(s) whose name(s) is/are
(' subscribed to the within instrument and
(
COMM. 1380 1 '. acknowledged to me that he/she/they executed
NOTARY PWW• the same in his/her/their authorized
(( FRESNOcoUNTy capacity(ies), and that by his/her/their
Comm.Exp.OCT.20 ZO06 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.
Signature of NoAry Public
( 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:
f
(` Document Date: Number of Pages:
(
(' Signer(s)Other Than Named Above:
f
(`
Capacity(les) Claimed by Signer
(
(` Signer's Name:
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❑ Individual Top of thumb here
(' ❑ Corporate Officer—Title(s):
( ❑ Partner—❑ Limited ❑General I
❑ Attorney-in-Fact
( ❑ Trustee
(, ❑ Guardian or Conservator
❑ Other:
( Signer Is Representing:
0 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
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On October 8, 2004, 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 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
0
By --Q,�•..aJ -
Deputy October 8,2004(10:54am)
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EXHIBIT A
Agreement for Early Issuance of Model Home Building Permits for Tract No. 5247
Parcel 1:
Lots 732, 733, 734, 735, 736, and 737 of J. C. Forkner Fig Garden Subdivision No. 7, in the City
of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book
10, Page 17 of Plats, Fresno County Records.
P.W. File No. 10684
1