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Home My WebLink AboutT-5251 - Agreement/Covenant - 6/9/2006 WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 06/09/20061'20060121326 0 W cx- NO FEE-Government Code 6103 C) O U Z CITY OF FRESNO VPlanning and Development Department P.W. File No. 10868 JAF: 5516, 5524, 5532, 5540 West Cotton Avenue AGREEMENT FOR EARLY ISSUANCE OF MODEL HOME BUILDING PERMITS TRACT NO. 5251 Agreement for Early Issuance of Model Home Building Permits Tract No. 5251/UGM Page 2 THIS AGREEMENT is made this 12`h day of May , 2006, by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and Summerton Homes, LLC, a California Limited Liability Company, hereinafter referred to as the "Developer," without regard for number or gender. 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 on the west side of North Polk Avenue between West McKinley Avenue and West Clinton Avenues. 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 Tentative Map No. 5251 on the Subject Property. Additionally,the Developer has filed a Final Map of Tract No. 5251, 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. Agreement for Early Issuance of Model Home Building Permits Tract No. 5251/UGM Page 3 F. The Developer has filed building plans and has requested thatthe 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 42, 5540 West Cotton Avenue Lot 43, 5532 West Cotton Avenue Lot 44, 5524 West Cotton Avenue Lot 45, 5516 West Cotton 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. 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. 5251/UGM Page 4 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 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. 5251/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 42 thru 45 4 - 1" Meters @ $ 330 /each $ 1,320.00 Total Fees and Charges Due $ 9,796.00 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 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 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. Agreement for Early Issuance of Model Home Building Permits Tract No. 5251/UGM Page 6 CITY OF FRESNO, DEVELOPER: a Municipal Corporation Summerton Homes, LLC, a California Limited Liability Company. By � Nic4 Y vino, Director Plann g nd Development Department By: Todd Bender, Chief Executive Officer (Attach Notary Acknowledgment) APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By Deputy K:\KeyvanA\Final Maps\FM 5251\Map Docs\FORM Agreement Early Model Home FT5251 v07-02-04.wpd louisr jonb frankfs 7-3-03 State of Califor ' County of ry �J PLtb Oh� bef I " c%t n , personally app re personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/subscribed to the within instrument and acknowledged to me that he/s"her executed the same in his/heyA#etr-authorized capacity(ies), and that by his/he64the►r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNErre nd and official seal. Signat eal) +jWCAQvIELINA MCKEE M. #1404932 PUBLIC-CALIFORNIA RCED COUNTY Expires Mar.11,2007 CLERK'S CERTIFICATION State of California) County of Fresno) On June 9. 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P. Yovino, Planning and Development Director, 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 be 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. REBECCA E. KLISCH CITY CLERK, CMC d a By Deputy EXHIBIT A Agreement for Early Issuance of Model Home Building Permits for Tract No. 5251 Parcel B of Property Line Adjustment No. 03-43, as evidenced by a Certificate of Compliance Recorded November 17, 2004, as Document No. 2004-0258532 of Official Records, being more particularly described as follows: All that part of the North half of the Southeast quarter of the Southwest quarter of Section 27, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Fresno, State of California according to the United States Government Township Plats; EXCEPTING THEREFROM the following described parcel of land: Commencing for reference, at the Southeast corner of the Southeast quarter of the Southwest quarter of said Section 27; Thence, North 00036'03" East, along the East line of the Southeast quarter of said Southwest quarter, a distance of 800.36 feet to the TRUE POINT OF BEGINNING; Thence, North 89033'03" West, a distance of 111.13 feet. Thence, North 86012'43" West, a distance of 111.59 feet to the beginning of a tangent curve concave to the North having a radius of 300.00 feet. A radial line from last said point to the center of said 300.00 foot curve bears, North 03°47'17" East; Thence, Westerly, along said 300.00 foot radius curve, through a central angle of 6039'39", an arc distance of 34.88 feet to a point of reverse curvature and beginning of a tangent curve concave to the South having a radius of 350.00 feet. A radial line from last said point to the center of said 350.00 foot curve bears, South 10°26'56" West; Thence, Westerly, along said 350.00 foot radius curve through a central angle of 9157'51", an arc distance of 60.87 feet; Thence, North 89030'55" West, a distance of 48.67 feet; Thence, North 00030'05" East, a distance of 100.00 feet; Thence, South 89030'55" East, a distance of 100.00 feet; Thence, North 00030'05" East, a distance of 255.77 feet; Thence, South 89029'55" East, a distance of 7.34 feet to the beginning of a tangent curve concave to the South having a radius of 150.00 feet. A radial line from last said point to the center of said 150.00 foot curve bears, South 00°30'05" West; Thence, Easterly, along said 150.00 foot radius curve, through a central angle of 11028'42", an arc distance of 30.05 feet to a point of reverse curvature and beginning of a tangent curve concave to the North having a radius of 150.00 feet. A radial line from last said point to the center of said 150.00 foot curve bears North, 11°58'47" East; Agreement for Early Issuance of Model Home Building Permits Tract No. 5251/UGM Page 9 Thence, Easterly, along said 150.00 foot radius curve through a central angle of 11128'42", an arc distance of 30.05 feet; Thence, South 89°29'55" East, a distance of 199.99 feet, to the East line of the Southeast quarter of said Southwest quarter; Thence, South 00036'03" West, along the East line of the Southwest quarter of said Southeast quarter, a distance of 365.37 feet to the TRUE POINT OF BEGINNING Agreement for Early Issuance of Model Home Building Permits Tract No. 5251/UGM Page 9 SUBORDINATION The undersigned as ho der of the beneficial interest in and under that certain Deed of Trust recorded on to Q , in the office of the Fresno County Recorder as Document No. G dC Y-Y-3 7 of which the Deed of Trust is by ant aetween: Mrv►-Q V ►'1tJMQ S L—L.C— , as Trustor, r , as Trustee, and , as Beneficiary, hereby exlkiessly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Agreement For Early Issuance of Model Home Building Permits. DATED: BENEFICIARY : BY Ed Rocha President/C00 (Beneficiary to print/type name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �I�4�:4Y'4Y'4�'4Y'4�'4�'4�'C'�:CX'4Y'4Y'G�'4�'4�4Y'4Y'�G'G.ti;ti,< -�':<:''•:�4<:GY u!`4-r�r,G�c;r�;v Y-c�,<.�r�, ,^,.�<:v'4r s:!'C;<.'ti,�CT,'. State of California ss. County of I ► I ✓C-�' GL On JAL-O-e1, ot-Cc, , before me, �Q�Lit A- n't Dale Name and Title of Officer(e.g.,'J a Doe.Notary lic") ` personally appeared U C Name(s)of Signers) ersonally known to me r proved to me on the basis of satisfactory evidence to be the person) whose name(s. is/alter subscribed to the within instrument and acknowledged to me that he/shelth'pt executed rJ L—a.. SANDRA M.GREENS the same in his/h�tLthqtr authorized COMM.#1395521 capacity( krand that by his/h �th�IbTARYPUBLIC-CALFORIM MERCED COUNTY signature(s�on the instrument the person(., or My Comm.Expires Jan.21,2007TI the entity upon behalf of which the person) acted, executed the instrument. fiWI�NSSI my hand and official seal. Place Notary Seal Above Signature of Notary Public Cti OPTIONAL r Though the information below is not required by law, it may prove valuable to persons relying on the document 2' and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache o ument Title or Type of Document: ��U r -t-('i t 6, G v\ (%{ C c Z'ti�. t �� /' i'�Ut c.T Document Date: a ` t t__)L C Number of Pages: C) L- I,- Signer(s) Other Than Named Above: I GD 1 c-P T)V k-- Capacity(ies) Claimed by Signer,- ?� Signer's Name: ti ❑ Individual iIUal s7�,>6rporate Officer—Title(s): Top of thumb here LJ Partner—❑ Limited ❑ General ❑ Attorney in Fact LL. Trustee LL Guardian or Conservator F] Other: 08 Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,PO,Box 2402•Chatsworth,CA 91313-2402-www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827