HomeMy WebLinkAboutT-5278 - Agreement/Covenant - 12/28/2005 R
. , WHEN RECORDED MAIL TO: IIII III III�III II 11;1111 IIII I�1111111 I IIII�III III it
City Clerk FRESNO County Recorder
City of Fresno Robert C, Werner
2600 Fresno street DOC— 2005: 0157533
Fresno, CA 93721-3603 ; Thursday, JUL 14, 2008 10:19:33
Tt 1 Pd $0.00 Nbr-0001885065
RGR/R7/2-12
NO FEE-Government Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10781
JAF: 4178, 4186, 4194, 4202, 4210, 4218, 4226 West Ellery Way
AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS TRACT NO. 5278
Agreement for Early.Issuance of Model Home Building Permits
Tract No. 5278/UGM.
Page.2
THIS AGREEMENT is made thiday of , 20 DS , by and
between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and
Image Homes Inc., a California Corporation, hereinafter referred to as the "Developer," without
regard for number or gender.
RECITALS
A. The Developer 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
easterly side of West Figarden Drive, between North Brawl'ey and North Santa Fe Avenues.
B. The 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.
5278 on the Subject Property. Additionally, the Developer hi as filed a Final Map of Tract No. 5278,
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.
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:
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Agreement for Early Issuance.of Model Home Building Permits
Tract No. 5278/UGM
Page 3
Lot 1, 4226 West Ellery Way
Lot 2, 4218 West Ellery Way
Lot 3, 4210 West Ellery Way
Lot 4, 4202 West Ellery Way
Lot 5, 4194 West Ellery Way
Lot 6, 4186 West Ellery Way
Lot 7, 4178 West Ellery 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. 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.
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Agreement for Early Issuance of Model Home Building Permits
Tract No. 5278/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 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 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 ($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
recoided in the County Recorder's office, shall be a lien on the Subject Property and
appurtenances running in favor of the City of Fresno.
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Agreement for Early Issuance of Model Home Building Permits
Tract No. 5278/UGM
Pages
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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
7 Lots @ $ 2,119/Lot i $ 14,833.00
Service Connection Charges --Water Meters per Lot
Lots 1-7 7 - 1" Meters @ $ 330;/each $ 2.310.00
Total Fees and Charges Due $ 17,143.00
7. The obligations of the Developer provided ih 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 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 Developer agrees to indemnify, defend, and hold the City, its officers,
employees, and agents harmless from any claims,damage's, 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 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 for Early Issuance of Model Home Building Permits
Tract No. 5278/UGM
Page.6
CITY OF FRESNO, DEVELOPER:
a Municipal Corporation
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Image Homes Inc., a California Corporation.
By ,
jPlani
ovino, Director By.
and Development Department ;Kirk wart hief Exetutive Officer (CEO)
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APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney (Attach Notary Acknowledgment)
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By
Deputy
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K:\jonb\Map docs\Final Maps\FM 5278\FORM Agreement Early
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STATE OF CALIFORNIA
COUNTY OF FRESNO } S.S.
On 6-24-05 before me,
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D.Dillon
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a Notary Public in and for said County and State,personally appeared
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Kirk R.Stewart D. DILLON- COMM.41352900 --q
L NOTARY PUBLIC-CALIFORNIA
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personally known to me (or proved to me on the basis of satisfactory FRESNO COUNTY
MY Comm.Expires Apr.22,2006
evidence)to be the person(s)whose name(s)is/are subscribed to the w-vw+s� r
within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies) and that by
hisiheritheir 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 ' I (This area for official notorial seal)
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On July 14, 2005, 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 narne(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. f
WITNESS my hand and official City Seal.
REBECCA E. KL ISCH, CMC
CITY CLERK
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Deputy July 14,2065(8:41am)
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EXHIBIT A
Agreement for Early Issuance of Model Home Building Permits for Tract No. 5278
LOTS 679, 680, 681, 682, 706, 707, 708, AND 709 OF BULLARD LANDS IRRIGATED
SUBDIVISION NO. 6, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 8 OF PLATS PAGE
25, FRESNO COUNTY RECORDS.
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TOGETHER WITH THAT PORTION OF LOTS 683,684, 70:,4 AND 705 OF SAID BULLARD LANDS
IRRIGATED SUBDIVISION NO. 6 DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 705; THENCE NORTH 00°32'33"
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EAST, ALONG THE EAST LINES OF SAID LOTS 705 AND 683, A DISTANCE OF 902.19 FEET
TO A POINT ON A LINE 364.20 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF
SAID LOT 683;THENCE SOUTH 89°57'16"WEST, ALONG SAID PARALLEL LINE,A DISTANCE
OF 152.79 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF FIGARDEN
DRIVE, AS DESCRIBED IN THE DEED OF EASEMENT RECORDED JULY 3, 1989 AS
DOCUMENT NUMBER 98070010, OFFICIAL RECORDS FRESNO COUNTY; THENCE NORTH
45003'48"WEST, RADIAL TO THE CENTERLINE OF SAID FIGARDEN DRIVE, A DISTANCE OF
53.00 FEET TO A POINT ON SAID CENTERLINE AND THE BEGINNING OF A 1200.00 FOOT
RADIUS NON-TANGENT CURVE, CONCAVE TO THE ;SOUTHEAST, A RADIAL TO SAID
BEGINNING BEARS NORTH 45003'48" WEST; THENCE SOUTHWESTERLY, ALONG SAID
CENTERLINE AND SAID CURVE, THROUGH A CENTRAL ANGLE OF 15059'33" AN ARC
DISTANCE OF 334.95 FEET; THENCE SOUTH 61003'21" EAST, RADIAL TO THE CENTERLINE
OF SAID NORTH FIGARDEN DRIVE,A DISTANCE OF 203.00 FEET;THENCE NORTH 89057'16"
EAST A DISTANCE OF 190.04 FEET TO A POINT ON 'A LINE 20.00 FEET WEST OF AND
PARALLEL TO THE EAST LINE OF SAID LOT 705; THENCE SOUTH 00032'33" WEST, ALONG
SAID PARALLEL LINE, A DISTANCE OF 574.57 FEET TO A POINT ON THE SOUTH LINE OF
SAID LOT 705; THENCE NORTH 89059'16" EAST,ALONG;SAID SOUTH LINE, A DISTANCE OF
20.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE NORTH 364.20 FEET OF SAID LOTS 679, 680, 681, AND 682.
ALSO EXCEPTING THEREFROM THE SOUTH 488.00 FEET OF SAID LOTS 708 AND 709.
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5278/UGM
Page 9
ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 707 OF BULLARD LANDS
IRRIGATED SUBDIVISION NO.6, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 8 OF PLATS PAGE
25, FRESNO COUNTY RECORDS DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 707; THENCE SOUTH 00032'50"
WEST, ALONG THE SOUTHERLY PROLONGATION OF THE EAST LINE OF SAID LOT 707, A
DISTANCE OF 25.00 FEET TO A POINT ON THE CENTERLINE OF WEST ESCALON AVENUE
VACATED BY FRESNO CITY COUNCIL RESOLUTION NO. 81-336, RECORDED SEPTEMBER
9, 1981 IN BOOK 7783 PAGES 994-996, O.R.F.C. ; THENCE SOUTH 89°59'09" WEST, ALONG
SAID CENTERLINE, A DISTANCE OF 45.00 FEET TO THE SOUTHWEST CORNER OF THAT
CERTAIN GRANT OF EASEMENT AND RIGHT-OF-WAY RECORDED AS DOCUMENT NO.2003-
0129304 O.R.F.C.; THENCE NORTH 19015'41" EAST, ALONG THE WESTERLY LINE OF SAID
EASEMENT, A DISTANCE OF 52.98 FEET; THENCE NORTH 00032'50" EAST, CONTINUING
ALONG SAID WESTERLY LINE, A DISTANCE OF 398.9.7 FEET; THENCE NORTH 24°04'25"
EAST A DISTANCE OF 70.14 FEET TO A POINT ON THE EAST LINE OF SAID LOT 707;
THENCE SOUTH 00032'50"WEST,ALONG SAID EAST LINE,A DISTANCE OF 488.02 FEET TO
THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF WEST ESCALON AVENUE VACATED BY FRESNO CITY
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COUNCIL RESOLUTION NO 81-336 RECORDED SEPTEMBER 9, 1981 1N BOOK 7783 PAGES
994-996, O. R. F. C. WHICH WOULD ACCRUE BY OPERATION OF LAW.
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Agreement for Early Issuance of Model Home Building Permits
Tract No. 5278/UGM
Page 10 i
SUBORDINATION
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The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on I r)v. _49 2004_ , in the office of the Fresno County Recorder as Document
No.l 2004 0248523 of which the Deed of Trust in by and between:
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Image Homes, Inc, a California Corporation p , as Trustor,
Financial Title Co , as Trustee, and Housing Capital Co—, 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: July 13, ' 2005
BENEFICIARY
Housing Capital Company a Minnesota partner
ship
BY: Geraud Smith, Vice President
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(Beneficiary to print/type Name and Title;and
attach Notary Acknowledgment)
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STATE OF CALIFORNIA
COUNTY OF FRESNO
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On July 13,2005 before me, .
D.Dillon
a Notary Public in and for said County and State,personally appeared D. DILLON
Geraud Smith COMM. #1352900
i 0 +D L NOTARY PUBLIC-CALIFORNIA
• FRESNO COUNTY
personally known to me (or proved to me on the basis of satisfactory k MY Comm.Expires Apr.22,2006
evidence)to be the person(s)whose name(s)is/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 the person(s),or the entity i
upon behalf of which the person(s),acted,executed the instrument.
WITNESS my hand and official seal.
Signature I (This area for official notorial seal)
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