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HomeMy WebLinkAboutT-5270 - Agreement/Covenant - 7/19/2006 WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Uj U Fresno, CA 93721-3603 0 0 10/11/2005120050239936 V' U Z O NO FEE-Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 10838 JAF: 11242, 11254, 11266, 11278, 11290, 11302, 11314 North Knotting Hill Drive 2097 East Queens Gate Way 11350, 11362, 11374 North Glencastle Way 2146 East Kings Court Way AGREEMENT FOR EARLY ISSUANCE OF MODEL HOME BUILDING PERMITS TRACT NO. 5270 u4-1 SVbrY AV • h O-A Agreement for Early Issuance of Model Home Building Permits Tract No. 5270/UGM Page 2 THIS AGREEMENT is made thisay of Dr2 � , 20_(25, by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and Copper River Development Company Inc., a California Corporation, hereinafter referred to as the "Owner," without regard for number or gender and Copper River Ranch Villages, 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 north side of East Copper Avenue, between North Friant Road and North Willow 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-04-153)and Vesting Tentative Map No. 5205 for a Planned Development on the Subject Property. Additionally, the Developer has filed a Final Map of Tract No. 5270, Phase 2 of Vesting Tentative Map No. 5205, 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. r Y Agreement for Early Issuance of Model Home Building Permits Tract No. 5270/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 21, 11242 North Knotting Hill Drive Lot 22, 11254 North Knotting Hill Drive Lot 23. 11266 North Knotting Hill Drive Lot 24, 11278 North Knotting Hill Drive Lot 25, 11290 North Knotting Hill Drive Lot 26, 11302 North Knotting Hill Drive Lot 27, 11314 North Knotting Hill Drive Lot 28, 2097 East Queens Gate Way Lot 31, 11350 North Glencastle Way Lot 32, 11362 North Glencastle Way Lot 33, 11374 North Glencastle Way Lot 34, 2146 East Kings Court Way 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. -S 1 Agreement for Early Issuance of Model Home Building Permits Tract No. 5270/UGM Page 4 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. 5270/UGM Page 5 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 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 ($1,000) per model home for a total amount of Twelve Thousand Dollars ($ 12,000 ) 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. 5270/UGM Page 6 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 12 Lots @ $ 2,119 /Lot $ 25,428.00 Service Connection Charges -Water Meters per Lot Lots 21 thru 28 & 31 thru 34 12 - 1.5" Meters @ $ 455 /each $ 5.460.00 Total Fees and Charges Due $ 30,888.00 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. 5270/UGM Page 7 CITY OF FRESNO, OWNER: a Municipal Corporation Copper River Development Company Inc., a California Corporation. By: Granville Homes, Inc., a California BY ration, Its G eral anager. P. vino, Director Planni and Development Department r Y: Farid Assemi, President APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney DEVELOPER: Copper River Ranch Villages, LLC, a California By Limited Li ' it Corporation. Deputy B G cDonald, President �.I<.A. CAGY nc- P W*-L-b K:\jonb\Map docs\Final Maps\FM 5270\FORM Agreement Early Model Home FT5270-02 v07-02-04.wpd (Attach Notary Acknowledgment) louisr jonb frankfs 7-3-03 t , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .��_�5.'S_G'`�'�_<:•4�`�,�.t<.,C.�:v'(`,�'ri:r u�_t 4��-"_.. '_'�:<_;�, �...C::.1':.`��f_'C�..1�4'�'�'��.4-ti_:t�'�.%� _^.._•C.`. ,:'<-� . ... _ :.�.:•.. State of California ss. County of �✓ Q`�r i,� On QLD 0�er before me, Q1 r C kc?, -2- Date LDate Name and Title of Officer(e.5.,"Jane boe,Notary Public") personally appeared /q5`w j-u Qitj Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence CRISTAG.LOPEZ to be the person(s) whose name(s) is/are subscribed C Nnn*ston#1552075 to the within instrument and acknowledged to me that � 01MvCW".B4*ftF9b12. Fyre � 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. Place Notary Seal Above - Signatu of Notary 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: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General fill ❑ Partner—❑ Limited ❑ General ❑ Attorneyin Fact ' Top of thumb here ❑ Attorney in Fact Top of thumb here m 011 i [I Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: X Y�,Y_':;,�•> 0 2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On October 11, 2005, 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. KL ISCH CITY CLERK By Dep� EXHIBIT A Agreement for Early Issuance of Model Home Building Permits for Tract No. 5270 LEGAL DESCRIPTION THAT CERTAIN REAL PROPERTY SITUATE IN SECTION 11 AND SECTION 12, TOWNSHIP 12 SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, COUNTY OF FRESNO, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 12, SAID POINT BEARS NORTH 000 53'51"EAST,A DISTANCE OF 885.02 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 12, SAID POINT BEING ON THE BOUNDARY OF PARCEL C OF LOT LINE ADJUSTMENT 04-03, AS DESCRIBED IN CERTIFICATE OF COMPLIANCE NO. PLA 04-03(C), RECORDED DECEMBER 16, 2004, AS DOCUMENT No.2004-0281280,OFFICIAL RECORDS,FRESNO COUNTY;THENCE NORTH 290 05'112"EAST, ALONG SAID BOUNDARY,A DISTANCE OF 110.61 FEET;THENCE LEAVING SAID BOUNDARY NORTH 410 58' 10" EAST, A DISTANCE OF 175.00 FEET; THENCE SOUTH 470 18' 17" EAST, A DISTANCE OF 57.84 FEET RETURNING TO SAID BOUNDARY; THENCE CONTINUING ALONG SAID BOUNDARY, FOLLOWING THE SUBSEQUENT COURSES AND DISTANCES: SOUTH 080 18'07"WEST,A DISTANCE OF 102.05 FEET;THENCE SOUTH 170 40'28"EAST,A DISTANCE OF 450.91 FEET;THENCE SOUTH 380 06' 119"EAST,A DISTANCE OF 604.52 FEET;THENCE SOUTH 190 29,08" WEST, A DISTANCE OF 44.57 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 341.00 FEET,A RADIAL TO SAID POINT BEARS NORTH 180 11'02" EAST;THENCE LEAVING SAID BOUNDARY WESTERLY,ALONG THE ARC OF SAID NON-TANGENT CURVE,THROUGH ACENTRAL ANGLE OF 270 03' 110",AN ARC DISTANCE OF 161.01 FEET;THENCE SOUTH 090 05'25" EAST,A DISTANCE OF 77.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 264.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 080 48' 16"WEST; THENCE WESTERLY, ALONG THE ARC OF SAID NON-TANGENT CURVE,THROUGH A CENTRAL ANGLE OF 100 48'46",AN ARC DISTANCE OF 49.82 FEET;THENCE SOUTH 700 22' 58"WEST, A DISTANCE OF 90.82 FEET;THENCE NORTH 740 19' 13" EAST, A DISTANCE OF 139.76 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 259.00 FEET,A RADIAL TO SAID POINT BEARS NORTH 050 43'32"WEST;THENCE EASTERLY, ALONG THE ARC OF SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 340 49' 39", AN ARC DISTANCE OF 157.43 FEET;THENCE SOUTH 600 53'53"EAST,A DISTANCE OF 161.73 FEET;THENCE SOUTH 250 05' 50" EAST, A DISTANCE OF 32.41 FEET;THENCE SOUTH 270 38'07"WEST,A DISTANCE OF 329.99 FEET;THENCE SOUTH 210 30' 119"WEST,A DISTANCE OF 327.79 FEET;THENCE SOUTH 080 07' 111" . t Agreement for Early Issuance of Model Home Building Permits Tract No. 5270/UGM Page 10 EAST, A DISTANCE OF 212.27 FEET; THENCE SOUTH 100 46' 03" EAST, A DISTANCE OF 158.28 FEET; THENCE SOUTH 100 27' 40" EAST, A DISTANCE OF 365.21 FEET; THENCE SOUTH 020 01' 56" WEST, A DISTANCE OF 26.12 FEET;THENCE SOUTH 490 29'09"WEST,A DISTANCE OF 241.46 FEET;THENCE SOUTH 760 48' 37"WEST,A DISTANCE OF 21.58 FEET; THENCE NORTH 710 08'22"WEST, A DISTANCE OF 81.25 FEET; THENCE SOUTH 830 26' 12"WEST,A DISTANCE OF 59.40 FEET; THENCE SOUTH 620 59'45"WEST, A DISTANCE OF 159.62 FEET; THENCE SOUTH 890 57' 43" WEST, A DISTANCE OF 237.93 FEET; THENCE NORTH 030 15' 39"EAST,A DISTANCE OF 294.03 FEET; THENCE NORTH 060 55,07"EAST,A DISTANCE OF 503.56 FEET;THENCE NORTH 050 34' 14"EAST,A DISTANCE OF 250.06 FEET;THENCE NORTH 030 12'56" EAST,A DISTANCE OF 57.06 FEET;THENCE NORTH 070 23'31"WEST,A DISTANCE OF 45.38 FEET;THENCE NORTH 200 41'42"WEST,A DISTANCE OF 32.24 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 510 31' 01", AN ARC DISTANCE OF 134.87 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11, DISTANT 482.17 FEET FROM THE EAST QUARTER CORNER OF SAID SECTION; THENCE NORTHWESTERLY, CONTINUING ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 320 14'37",AN ARC DISTANCE OF 84.41 FEET;THENCE SOUTH 750 32'40"WEST,A DISTANCE OF 20.91 FEET;THENCE SOUTH 730 24'50"WEST,A DISTANCE OF 616.29 FEET; THENCE SOUTH 660 57' 39"WEST, A DISTANCE OF 193.57 FEET; THENCE SOUTH 61° 01' 19" WEST, A DISTANCE OF 88.17 FEET;THENCE SOUTH 590 26'24"WEST,A DISTANCE OF 146.59 FEET;THENCE SOUTH 540 59'06"WEST,A DISTANCE OF 208.02 FEET;THENCE SOUTH 510 37'07"WEST,A DISTANCE OF 210.31 FEET; THENCE SOUTH 210 37'07"WEST,A DISTANCE OF 40.00 FEET; THENCE SOUTH 510 37'07"WEST, A DISTANCE OF 107.69 FEET; THENCE SOUTH 420 28' 35" WEST, A DISTANCE OF 22.59 FEET; THENCE SOUTH 680 02' 11"WEST,A DISTANCE OF 23.37 FEET; THENCE SOUTH 170 14'49"EAST,A DISTANCE OF 119.49 FEET; THENCE SOUTH 720 43'24"WEST,A DISTANCE OF 20.00 FEET; THENCE NORTH 170 14'49" WEST, A DISTANCE OF 140.75 FEET; THENCE NORTH 150 57' 17" WEST, A DISTANCE OF 314.04 FEET; THENCE NORTH 000 12' 10" EAST, A DISTANCE OF 106.14 FEET; THENCE NORTH 100 25' 11" EAST, A DISTANCE OF 698.87 FEET;THENCE NORTH 020 10'09"EAST,A DISTANCE OF 142.87 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11;THENCE NORTH 020 10'09"EAST,A DISTANCE OF 66.33 FEET;THENCE SOUTH 880 40'48"EAST,A DISTANCE OF 1449.63 FEET;THENCE NORTH 01°44' 22"EAST, A DISTANCE OF 653.48 FEET; THENCE NORTH 170 03'05"EAST,A DISTANCE OF 99.22 FEET; THENCE NORTH 290 05' 12" EAST, A DISTANCE OF 96.88 FEET TO THE POINT OF BEGINNING. Agreement for Early Issuance of Model Home Building Permits Tract No. 5270/UGM Page 11 EXCEPTING FROM, THAT PORTION OF THE ABOVE DESCRIBED LAND LYING WITHIN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 12, AN UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND/OR MINERALS IN AND UNDER SAID LANDS, TOGETHER WITH THE RIGHT OF THE GRANTOR, ITS SUCCESSORS, ASSIGNS,LESSEES AND LEGAL REPRESENTATIVES AT ALL TIMES TO ENTER ON THE ABOVE DESCRIBED LANDS AND TO TAKE ALL USUAL, NECESSARY AND CONVENIENT MEANS TO BORE WELLS, MAKE EXCAVATIONS AND TO REMOVE ALL THE OIL, GAS AND/OR MINERALS HEREIN RESERVED, AND FOUND THEREON, AS EXCEPTED IN DEED FROM BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION,TO THOMAS M. MURRAY AND NELL W. MURRAY, HUSBAND AND WIFE AS JOINT TENANTS, RECORDED APRIL 14, 1936 IN BOOK 1491 PAGE 140 OF OFFICIAL RECORDS AS DOCUMENT NO. 10062. EXCEPTING FROM ALL OF THE ABOVE DESCRIBED LAND, FIFTY PERCENT(50%) OF ANY RIGHT, TITLE AND INTEREST OF THE AETNA CASUALTY AND SURETY COMPANY IN AND TO ANY MINERAL RIGHTS APPURTENANT TO SUCH REAL PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY OIL, GAS, CASING-HEAD GAS, COAL, LIGNITE, HYDROCARBONS, METHANE, CARBON DIOXIDE, HELIUM, URANIUM, AND ALL OTHER NATURAL ELEMENTS, COMPOUNDS, AND SUBSTANCES EXCEPT SOIL, SAND AND GRAVEL, AS RESERVED BY AETNA CASUALTY AND SURETY COMPANY IN THE DEED RECORDED MARCH 10, 1989 AS DOCUMENT NO. 89025496, OFFICIAL RECORDS, FRESNO COUNTY. APN: 579-070-94S, 85S ' i Agreement for Early Issuance of Model Home Building Permits Tract No. 5270/UGM Page 9 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on 0 301 Zoog , in the office of the Fresno County Recorder as Document No. 2Mq -07A 114q of which the Deed of Trust in by and between: C Opp. ter Ner DGyj60M�" CoMoa!U , -lc, , as Trustor, rl nci ; (CROON , as Trustee, and HMbm GI'-611(10 a , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Agreement For Early Issuance of Model Home Building Permits . DATED: J Ce le�n b e'' 2-2 , 20_2_,T BENEFICIARY By: )J'1j /AC,,ma S rs• WA i,PC EA V.p. Ho vS;H, I Co BY: (Trustee/Beneficiary to print/type Name and Title;and attach Notary Acknowledgment) STATE OF CALIFORNIA COUNTY OF FRESNO On q 101W D 1 before me,W(U-t ►�C S Notary Public, personally appeared s G. oatKer personally 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 acknowledge 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. E^�°F DARLENE LEMONS "6'mv COMM.#1592459 W m NOTARY PUB'IC-CALIFORNIAai Signature of Notary ���F'aN� FRESNO COUNTY a My Comm Exp.June 28,2009 Title or Type of Document: S40b-dL;nQj'(D/L Date of Document: Ste_ Agreement for Early Issuance of Model Home Building Permits Tract No. 5270/UGM Page 9 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on V."V ' 3012001 , in the office of the Fresno County Recorder as Document No. 2004 -0111151 of which the Deed of Trust in by and between: (CoUr 11W Ra" �L. &J �nler IUYer VI Pnnw� Com Snc. , as Trustor, -tnainciA Gm ayw as Trustee, and CW6(TJAW as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Agreement For Early Issuance of Model Home Building Permits . DATED: September 22 _' 2005 BENEFICIARY CONSOLIDATED INDUSTRIES, INC. By: William R. Tatham, Sr. , President BY: ?'�>/" Michael F. Tatham, Secretary (Trustee/Beneficiary to print/type Name and Title;and attach Notary Acknowledgment) STATE OF CALIFORNIA COUNTY OF FRESNO On 9-22-05 before me, Suzanne J. Hirata Notary Public, personally appeared William R. Tatham Sr. and Michael F. Tatham 0 Personally known to me ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledge to me that f}s4l;e/they executed the same in his#tef/their authorized capacity(ies), and that by gasl w/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. SUZANNE J. HIRATA COMM. #1563342 NOTARY PUBLIC.CALIFORNIA • FRESNO COUNTY MyComm.Expires Apr.17,2009 Signature Notary Title or Type of Document: SUBORDINATION Date of Document: 9-22-05 Agreement for Early Issuance of Model Home Building Permits Tract No. 5270/UGM Page 9 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on be&.p►Ocr 30,Ziq , in the office of the Fresno County Recorder as Document No. 2054-0M11 'I of which the Deed of Trust in by and between: Cjtkr 70vtr FAmL LLC Gni anow Q-Yer- T�- J .as Trustor, I 7rj+- jr ftC&W , as Trustee, and CoSejr&W, LAPACOMnal�4 , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Agreement For Early Issuance of Model Home Building Permits . DATED: September 22 _' 2005 BENEFICIARY CONSOLIDATED LAND COMPANY By: William R. Tatham, Sr. , General Partner BY: (Trustee/Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) STATE OF CALIFORNIA COUNTY OF FRESNO On 9-22-05 before me, Suzanne J. Hirata , Notary Public, personally appeared William R. Tatham, Sr. ® Personally known to me ❑Proved to me on the basis of satisfactory evidence to be the person(a) whose name(w) is/afe subscribed to the within instrument and acknowledge to me that he/sheAhey executed the same in his/be4g:�ek authorized capacity(-e-*, and that by his/ tF signature(a) on the instrument the person(%), or the entity upon behalf of which the person(,&) acted, executed the instrument. WITNESS my hand and official seal. 4 SUZANNE J. HIRATA COMM. #1563342 NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY Signature o otaryMyComm.Expires Apr.17,20O9 Title or Type of Document: SUBORDINATION Date of Document: 9-22-05 Agreement for Early Issuance of Model Home Building Permits Tract No. 5270/UGM Page 9 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on —N-ce-VA - 311 Voq , in the office of the Fresno County Recorder as Document No. 10i - 0241151 of which the Deed of Trust in by and between: CW611- 1V---ter R&OL.LLC. ad Cggc -ver b2gjgMeo' &NV!U ,•ANG• , as Trustor, 1 Ti+k as Trustee, and or► e i is -T , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Agreement For Early Issuance of Model Home Building Permits . DATED: September 22 12005 BENEFICIARY CONSOLIDATED INDUSTRIES, INC. By Wi iam R. Tatham, Sr. , President BY: ��-r"—_ Michael F. Tatham, Secretary (Trustee/Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) STATE OF CALIFORNIA COUNTY OF FRESNO On 9-22-05 before me, Suzanne J. Hirata Notary Public, personally appeared William R. Tatham, Sr. and Michael F. Tatham 0 Personally known to me ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledge to me that heishe/they executed the same in htsfhef/their authorized capacity(ies), and that by NsA;ef/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. 0SUZANNE J. HIRATA COMM. #1563342 NOTARY PUBLIC-CALIFORNIA My FRESNO COUNTYi L 12 4a Comm.Expires Apr.17,2009 Signature of totary Title or Type of Document: SUBORDINATION Date of Document: 9-22-05 Agreement for Early Issuance of Model Home Building Permits Tract No. 5270/UGM Page 9 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on bexcMbtr 30 2001 , in the office of the Fresno County Recorder as Document No. 200q-,D�gIla of which the Deed of Trust iin� by and between: C Zfer 1 , Lu &4- (npacr F40r �WVMtM�}- CAvF-Ac. , as Trustor, {-� "G.cl 7, as Trustee, and as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Agreement For Early Issuance of Model Home Building Permits . DATED: September 22 , 2005 BENEFICIARY CONSOLIDATED LAND COMPANY By:C—,—,-::=—��� William R. Tatham, Sr. , General Partner BY: (Trustee/Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) STATE OF CALIFORNIA COUNTY OF FRESNO On 9-22-05 before me, Suzanne J. Hirata , Notary Public, personally appeared William R. Tatham, Sr. Fx-j Personally known to me ❑Proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/afe subscribed to the within instrument and acknowledge to me that he/sheAhey executed the same in F' his/"e„�, heiF authorized capacity(ies), and that by his/hefAheir signature(a) on the instrument the person(&), or the entity upon behalf of which the person(o) acted, executed the instrument. WITNESS my hand and official seal. 4 SUZANNE J. HIRATA COMM. #1563342 NOTARY PUBLIC-CALIFORNIA,— @,My FRESNO COUNTY Comm.Expires Apr.17,2009 Signature Notary Title or Type of Document: SUBORDINATION Date of Document: 9-22-05 Agreement for Early Issuance of Model Home Building Permits Tract No. 5270/UGM Page 9 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on Dcwa6 3q, 201 , in the office of the Fresno County Recorder as Document No. 2M—02g11T3 of which the Deed of Trust in by and between: CWW %*r EVOL o a+ -f+tc. , as Trustor, :�NaCZ4( ow , as Trustee, and CCK614 .1d'4146eS . je. , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Agreement For Early Issuance of Model Home Building Permits . DATED: September 22 , 2005 BENEFICIARY CONSO DATED INDUSTRIES, INC. By: William R. Tatham, Sr. , President BY: -2A, Michael F. Tatham, Secretary (Trustee/Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) STATE OF CALIFORNIA COUNTY OF FRESNO On 9-22-05 before me, Suzanne J. Hirata , Notary Public, personally appeared William R. Tatham, Sr. and Michael F. Tatham ©Personally known to me ❑Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ie/are subscribed to the within instrument and acknowledge to me that he4he/they executed the same in 4+s4zIer/their authorized capacity(ies), and that by *i~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. SUZANNE J. HIRATA COMM. #1563342 F@my NOTARY PUBLIC•CALIFORNIA—. It FRESNO COUNTY Signature o otary Comm.Expires Apr.17,2009 Title or Type of Document: SUBORDINATION Date of Document: 9-22-05 Agreement for Early Issuance of Model Home Building Permits Tract No. 5270/UGM Page 9 SUBORDINATION The unddas holder of the beneficial interest in and under that certain Deed of Trust =6- recorded on 30 2004 , in the office of the Fresno County Recorder as Document No. 2M-0ZgIIS3 of which the Deed of Trust in� and between: Cwwtr T4-wr m. C 4 & c v&- ZMWv4,1�r— en� , as Trustor, -m4f' II , as Trustee, and Ccr&WA4A O , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Agreement For Early Issuance of Model Home Building Permits . DATED: September 22 , 2005 BENEFICIARY CONSOLIDATED LAND COMPANY By: i liam R. Tatbam, Sr. , General Partner BY: (Trustee/Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) 1 ' STATE OF CALIFORNIA COUNTY OF FRESNO On 9-22-05 before me, Suzanne J. Hirata , Notary Public, personally appeared William R. Tatham, Sr. 0 Personally known to me ❑ Proved to me on the basis of satisfactory evidence to be the person(e.) whose name(s) is/afe subscribed to the within instrument and acknowledge to me that he/9499 W executed the same in his/ha44heif authorized capacity(40, and that by his/hefA4a4Fsignature(&) on the instrument the person(s�, or the entity upon behalf of which the person(.&) acted, executed the instrument. WITNESS my hand and official seal. 4SUZANNE J. HIRATA COMM. #1563342 NOTARY PUBLIC-CALIFORNIA Signature of(Notary FRESNO COUNTY 0My Comm.Expires Apr.17,2009 Title or Type of Document: SUBORDINATION Date of Document: 9-22-05 Agreement for Early Issuance of Model Home Building Permits Tract No. 5270/UGM Page 9 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on 'Da,_mn ee 30, 7,004 , in the office of the Fresno County Recorder as Document No. 7604_OU 1155' of which the Deed of Trust in by and between: %1'e 'peve'tyMc�- Company, ,zinG, as Trustor, 'A&VA COM o as Trustee, and CODe411- 7A'VW D4vv a LL as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Agreement For Early Issuance of Model Home Building Permits . DATED: Sep+• .2 ., 200,5- BENEFICIARY 20oSBENEFICIARY Fit s 5 vh, �e s id art r BY: FirS-V V(ce Pre S*tc(eh+- qNo -a.ry 1_ . Mc -bo vid--W (Trficiary to print/type Name and Title; and attAcknowledgment) STATE OF CALIFORNIA COUNTY OF FRESNO On q-26-05- before me, Notary Public, personally appeared Personally 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 acknowledge 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. BARBARA J.CHRISTENSEN �/,� Commlaalon#►1552018 Jle�;aJ Notary Public-California �y Signature of Nota Fromco� My Comm.0q*w Feb 26,2009 Title or Type of Document: d4-0t-a:� Date of Document: 9- 2-6-6-5- w a • Agreement for Early Issuance of Model Home Building Permits Tract No. 5270/UGM Page 9 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on Det, ,jer 30, 2004 , in the office of the Fresno County Recorder as Document No. ZOOH -OZ`f 1% of which the Deed of Trust in by and between: Covet, lvev- —Oeyel mewvy &mV#ra./ fir— as Trustor, 66161 VIAD&qjr as Trustee, and (poTu as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Agreement For Early Issuance of Model Home Building Permits . DATED: Se p f , 20 0,S- BENEFICIARY rid �sseVA , Pres id QW— BY: Frrsfi Uree �✓es'rde��- Gr� I-. Med7o ha l 4 (Trustee/Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) STATE OF CALIFORNIA COUNTY OF FRESNO ►���,��c.�-ate On before me, Notary Public, personally appeared [Personally 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 acknowledge 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. BARBARA J.CHRISTENSEN Commission#E 1552018 <: Notary Public-Conforms Fresno County Signature of Notary myCorm�.EsplraFeb 26,2M Title or Type of Document: �e�- Date of Document: 9- 7-( --6