HomeMy WebLinkAboutT-5247 - Agreement/Covenant - 3/2/2005 (3) WHEN RECORDED MAIL TO:
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City clerk FRESNO County Recorder
City of Fresno Robert C. Werner
2600 Fresno Street DOC— 2004-0245949
Fresno, CA 93721-3603 Monday, NOV 01, 2004 14:49:57
Ttl Pd $0,00 Nbr-0001643179.
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NO FEE-Govemment Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10684
APN: 505-070-01
JAF: 6854, 6864, 6874, 6884, 6891, 6894 and 6898 West Browning Avenue
AGREEMENT No. 2 FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS IN TRACT NO. 5247
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Agreement No. 2 for Early Issuance of Model Home Building Permits
Tract No. 5247
Page 2
THIS AGREEMENT is made this day of �l(��Z , 20,L'E, by and
between the CITY OF FRESNO,a Municipal Corporation, hereinafter referred to as the"City,"and
CAMPOS BROTHERS, a California general partnership,
GRANTLAND AVENUE L.L.C., a California Limited Liability Company, and
Manuel C. Reyes and Dora G. Reyes, husband and wife as joint tenants,
hereinafter referred to as the "Owner,"without regard for number or gender and
GRANTLAND AVENUE L.L.C., a California Limited Liability Company
1396 West Hemdon Avenue, Suite 101, Fresno, California, 93711, and
IMAGE HOMES, Inc., A California Corporation
997 East Wimbledon, Fresno, California, 93720,
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
Agreement No. 2 for Early Issuance of Model Home Building Permits
Tract No. 5247
Page 3
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,in addition to thirteen(13)model home permits approved pursuant
to the Agreement for Early Issuance of Model Home Building Permits in Tract No. 5247 recorded
on October 28, 2004 (Document No. 20040228670) and the required title interest in the Final
Map by IMAGE HOMES, Inc., is requesting the issuance of building permits to construct model
homes for IMAGE HOMES, Inc. 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.E1 (UGM FIRE STATIONS, UGM DEVELOPMENT RESTRICTIONS) of the
Fresno Municipal Code.
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 31, 6891 West Browning Avenue
Lot 32, 6898 West Browning Avenue
Lot 33, 6894 West Browning Avenue
Lot 34, 6884 West Browning Avenue
Lot 35, 6874 West Browning Avenue
Lot 36, 6864 West Browning Avenue
Lot 37, 6854 West Browning 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
Agreement No. 2 for Early Issuance of Model Home Building Permits
Tract No. 5247
Page 4
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.
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
promises and covenants herein contained the undersigned agree:ned
homes and the p 9
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.
Agreement No. 2 for Early Issuance of Model Home Building Permits
Tract No. 5247
Page 5
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 SEVEN
THOUSAND DOLLARS($7,000)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
t7 Lots @ $2,119/Lot $ 14,833.00
WATER SERVICE CONNECTION CHARGES -Water Meters
Lots 31, 32, 331 35, 36 and 37
6 1-1/2" Meters @ $455/each $ 2,730.00
Lot 34
1 1" Meter @ $330/each $ 330.00
Total Due $ 17,893.00
Agreement No. 2 for Early Issuance of Model Home Building Permits
Tract No. 5247
Page 6
The meter sizes stated herein are based on the services shown on the unapproved water
improvement plans for the Final Map. It is the Developers responsibility to provide appropriate
water services and meters pursuant to approved building plans for each lot of the Subject
property. Additional fees and charges required to be paid as a condition of approval of said
Tentative Map, shall be paid prior to the approval of the Final Map.
7. The obligations of the Owner and 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 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 agree 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 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.
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Agreement No. 2 for Early Issuance of Model Home Building Permits
Tract No. 5247
Page 7
CITY OF FRESNO OWNER:
a Municipal Corporation
CAMPOS BROTHERS, a California general
partnership
By /
Nick P. Yovino, Director By; _ ��---�'
Planning and Development Department Fermin Campos, PartneV
BY:
AEo5nioampos, P er
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attomey
GRANTLAND AVENUE L.L.C., a California Limited
Liability Company
By: GRANVILLE HOMES, Inc., a California
By
Deputy Corporation, as Manager
By:
Farid Assemi, President
ATTEST:
REBECCA E. KLISCH, CMC
City Clerk MANUEL C. REYES and DORA G. REYES,
husband and wife as joint tenants
y
Deputy Manuel C. Reyes
Dora G. Reyes
K1LW96FT 52471FT524i Agra merit W 2 Eary Model Home
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Agreement No. 2 for Early Issuance of Model Home Building Permits
Tract No. 5247
Page 7
CITY OF FRESNO OWNER:
a Municipal Corporation
CAMPOS BROTHERS, a California general
partnership
By
l ovino, Director By:
Plann g and Development Department Fermin Campos, Partner
By:
Antonio Campos, Partner
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
GRANTLAND AVENUE L.L.C., a California Limited
Liability Company
By: GRANVILLE HOMES, Inc., a California
By po ion, as Manager
Deputy
Farid Assemi, President
ATTEST:
REBECCA E. KLISCH, CMC
City Clerk MANUEL C. REYES and DORA G. REYES,
husband and wife as joint tenants
a
_ o
By _�J
Deputy Manuel C. Reyes
Dora G. Reyes
K\Louisr\FT 5247\FT5247 Agreement No 2 Early Model Home
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Agreement No. 2 for Early Issuance of Model Home Building Permits
Tract No. 5247
Page 8
DEVELOPER:
GRANTLAND AVENUE L.L.C., a California Limited
Liability Company
By: GRANVILLE HOMES, Inc., a California
suporation, as na r
B
Farid Assemi, President
IMAGE HOMES, Inc., a California Corpo tion
a� P
By.
Kir wart, C ef Executi4e Officer
By: .
in Mulligan,�r�esiden /
(Attach Notary Acknowledgments)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
On Na, a, , 2004,before me, V. Armas ,Notary Public, personally
appeared Fermin Campos and Antonio Campos,personally known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities,and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
V ARMas ' WITNESS my hand and official seal.
Commisslon#1426386
Notary Public.Cc ffomta
Fresno County
My Comm.Expkes Jun 25,2007
Notary Public in and for the State of California
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
( / ss.
County of
( On 10 vtv u t before mXh il.S"TL
( Date Name and T11 of Officer(e.g.,"Jan�D e,Notary Public")
( personally appeared
Name(s of Signer(s)
(
( 2personally known to me
❑ proved to me on the basis of satisfactory
( evidence
to be the person(s) whose name(s) is/are
CHRISTINE S.UNGEWELTER subscribed to the within instrument and
COMM.#1380834 acknowledged to me that he/she/they executed
WoTARYPuMXe CALFCIOM the same in his/her/their authorized
FRESNO COUNTY capacity(ies), and that by his/her/their
( comm.Exp.OCT.20,2006 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.
Ch ris4zo-e-
Signature of Notary Pubtle
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( Description of Attached Document
( Title or Type of Document:
(' Document Date: Number of Pages:
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( Signer(s)Other Than Named Above:
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( ❑ Attorney-in-Fact
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(, Signer Is Representing:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
( State of California
ss.
Ir County of
( On N) 04 before me, ,
Date Name and Title of Officer(e.g. "ane Doe, tary )
personally appeared 01= >
Nam(s f Signer(s)
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❑ 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
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CHRWK&LNGENFELTER acknowledged to me that he/she/they executed
( COMM.#11the same in his/her/their authorized
WTARV vueLJC•CMUFOMMA capacity(ies), and that by his/her/their
( FRESNO COUNTY signature(s) on the instrument the person(s),or
Comm.Exp.OCT.20,2006 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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)' Signer's Name:
( ❑ Individual Top of thumb here
( ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
(. ❑ 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 i-800.876.6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
( State of California
ss.
( County of !L !
i On before me,
Date Name and Title of Officer(e.g.,"Jane DOJNotary blit")
( personally appeared
N;ersonally
)of Signers)
( known to me
❑ proved to me on the basis of satisfactory
evidence
I' to be the person(s) whose name(s) is/are
IS. subscribed to the within instrument and
comm.*to 3 ��R acknowledged to me that he/she/they executed
"FNWE�•c UFONIA the same in his/her/their authorized
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( Mn•�- T006 signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
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WITNESS my hand and official seal.
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( fraudulent removal and reattachment of this form to another document.
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Title or Type of Document:
( Document Date: Number of Pages:
t.
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
I` Signer's Name:
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❑ Individual Top of thumb here
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( ❑ Other:
Signer Is Representing:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
l State of California
ss.
County of
(
On before me, 14J'r 04
Date Name nd Title of Officer(e.g. Jane D otary blic")
( personally appeared
Name(s)of Signer(s)
(' ersonally known to me
❑ proved to me on the basis of satisfactory
evidence
( 7ER to be the person(s) whose names is/are
CHRISTINE S.UNGE1dFEl• . P O name(s)
•- COW, 1380834. subscribed to the within instrument and
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acknowledged to me that he/she/they executed
t 2006 the same in his/her/their authorized
00mm•� OCT. 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.
Signature lary Publ'
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:
I` Capacity(ies) Claimed by Signer
(
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
( ❑ Trustee
( ❑ Guardian or Conservator
(, ❑ Other:
(; Signer Is Representing:
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Order No. 44030555-752-DB
LEGAL DESCRIPTION
That portion of the Northwest quarter of Section 9,Township 13 South,Range 19 East,Mount Diablo Base and
Meridian,described as follows:
Beginning at the Northwest corner of said Section 9; thence North 89°41'26"East,along the North line of said
Northwest quarter,a distance of 2,627.01 feet to the North quarter corner of said Section 9; thence South
0°07'55"East, along the East line of said Northwest quarter,a distance of 1,423.66 feet; thence South
89° 36'29" West,a distance of 897.73 feet;thence North 13°43'07"West,a distance of 120.68 feet; thence
North 111 08'38"West,a distance of 31.49 feet;thence South 89° 58'l 2"West,a distance of 111.65 feet;
thence Southeasterly along a non-tangent curve,whose radius point bears North 821 05'19"East,concave to the
Northeast,having a radius of 572.00 feet,through a central angle of 3°45'33",a distance of 37.53 feet;thence
South 89° 38'07" West,a distance of 605.01 feet;thence South 01 01'48"East, a distance of 443.70 feet; thence
South 89° 34'49"West, a distance of 330.01 feet to the intersection with the East line of Parcel 3 of Parcel Map
No. 2159,recorded in Book 17,Page 26 of Parcel Maps,Fresno County Records;thence North 0°01'48"West,
along the East line of Parcel 3 and Parcel 4 of said Parcel Map No. 2159,a distance of 439.01 feet to the
Northeast corner of said Parcel 4; thence South 89°38'OT'West,along the North line of said Parcel Map No.
2159, a distance of 657.58 feet to the intersection with the West line of said Northwest quarter;thence North
0'00'00"East,a distance'of 1,319.65 feet to the point of beginning.
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EXHIBIT A
Agreement No. 2 for Early Model Homes Building Permits in Tract No. 5247
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On November 1, 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 names) 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.
WITNESSmy han&and official City Seal.
REBECCA E. KL ISCH, CMC
CITY CLERK
v
By c�Jv�►�►.��QiG�f
Deputy November 1,2004(10:30am)