HomeMy WebLinkAboutT-5284 - Agreement/Covenant - 8/2/2005 1
. WHEN RECORDED MAIL TO:
IIII III III I 11111 IN 11111111111111111111111111111
City clerk FRESNO County Recorder
City of Fresno Robert C, Werner
2600 Fresno Street DOC— 2005-0033030
Fresno, CA 93721-3603 Thursday, FEB 10, 2005 15:06:60
Tt 1 Pd $8.00 Nbr-0001736826
DJG/R6/1-9
NO FEE-Government Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10694
JAF: 5394, 5407, 5408, 5415, 5416,5421 West Peralta Way
AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS TRACT NO. 5284
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5284/UGM
Page 2
THIS AGREEMENT is made this Td day of 2ev .P, 20 oL, by and
between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and
KB Home South Bay 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 at the
Northeast corner of West McKinley Avenue and North Polk Avenue.
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.
5284 on the Subject Property. Additionally, the Developer has filed a Final Map of Tract No. 5284,
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.
Agreement for Early Issuance of Model Home. Building Permits
Tract No. 5284/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 49, 5407 West Peralta Way
Lot 50, 5415 West Peralta Way
Lot 51, 5421 West Peralta Way
Lot 55, 5416 West Peralta Way
Lot 56, 5408 West Peralta Way
Lot 57, 5394 West Peralta 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. 5284/UGM
Page 4
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 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 Six Thousand
Dollars($6,000)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
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Agreement for Early Issuance of Model Home Building Permits
Tract No. 5284/UGM
Page 5
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
6 Lots @ $ 2,119 /Lot $ 12,714.00
Service Connection Charges - Water Meters per Lot
Lots 49-51 & 55-57, 6 - 1" Meters @ $ 330 /each $ 1,980.00
Total Fees and Charges Due $ 14,694.00
7. The obligations of the 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 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, 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 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.
a
Agreement for Early Issuance of Model Home Building Permits
Tract No. 52841UGM
Page 6
CITY OF FRESNO, DEVELOPER:
a Municipal Corporation
KB Home South Bay Inc., a,California
Corporation/7
By
NickYovino, Director
Plan g and Development Department By. ,
P. A. Dent, III Senior Vice-President
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
(Attach Notary Acknowledgment)
B )
Y
Deputy
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Mon M on ss.
On 6�m&r �3 l ;?Zr4. before me, 6i n's 0a
Date - Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared P 4,,_De ,41 : /
Names)of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
L S.R0694SON subscribed to the within instrument and
Commission# 1431096 acknowledged to me that he/she/they executed
•s may,Public-California the same in his/her/their authorized
Monterey County capacity(ies), and that by his/her/their
1 My Comm.Expires Jul 18,2007 signature(s)on the instrument the person(s), or
i�r the entity upon behalf of which the person(s)
acted, executed the instrument.
,
WITNESS my hand and official seal.
jignature of Notary 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:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
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:
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
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On February 9,2004,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
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By �
Deputy February 4,2005(4:31am)
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EXHIBIT A
Agreement for Early Issuance of Model Home Building Permits for Tract No. 5284
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP
13 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF FRESNO,
COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL MAP
THEREOF.
EXCEPTING THEREFROM THAT PORTION THEREFROM OF THAT PORTION THEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 27;THENCE, NORTH 89°56'17" EAST ALONG THE
SOUTH BOUNDARY OF SAID SOUTHWEST QUARTER, 675.72 FEET TO THE SOUTHEAST
CORNER OF THE WEST ONE-HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER; THENCE, NORTH 00°01'52" EAST ALONG THE EAST BOUNDARY OF THE SAID
WEST ONE-HALF, 30.00 FEET; THENCE, SOUTH 89°55'17" WEST ALONG A LINE WHICH IS
PARALLEL WITH AND 30.00 FEET NORTH OF THE SAID BOUNDARY TO A POINT WHICH IS
50.00 EAST OF THE WEST BOUNDARY OF THE SAID SOUTHWEST QUARTER; THENCE,
NORTH 45000'55"WEST,28.26 FEET;THENCE, NORTH 00°01'52"EAST,80.00 FEET;THENCE,
SOUTH 89056'17" WEST, 30.00 FEET; THENCE, SOUTH 00001'52" WEST ALONG THE SAID
WEST BOUNDARY, 130.00 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE SOUTH 30.00 FEET OF THE EAST ONE-HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 27.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF SAID SOUTHEAST QUARTER; THENCE NORTHERLY ALONG THE EAST LINE
OF SAID EAST HALF A DISTANCE OF 30.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE
OF WEST MCKINLEY AVENUE; THENCE WESTERLY ALONG SAID RIGHT OF WAY LINE A
DISTANCE OF 105.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 545.00 FEET TO A POINT ON A LINE
WHICH IS PARALLEL WITH THE EAST LINE OF SAID EAST HALF; THENCE NORTHERLY
ALONG SAID PARALLEL LINE A DISTANCE OF 752.00 FEET TO A POINT ON A LINE WHICH
IS PARALLEL WITH THE SOUTH LINE OFSAID EAST HALF;THENCE EASTERLYALONG SAID
PARALLEL LINE A DISTANCE OF 650.00 FEET TO THE EAST LINE OF SAID EAST HALF;
THENCE SOUTHERLY ALONG SAID EAST LINE A DISTANCE OF 370.00 FEET TO A POINT ON
A LINE WHICH IS PARALLEL WITH THE SOUTH LINE OF SAID EAST HALF; THENCE
WESTERLY ALONG SAID PARALLEL LINE A DISTANCE OF 80.00 FEET; THENCE
SOUTHWESTERLY A DISTANCE OF 35.36 FEET, MORE OR LESS, TO A POINT ON A LINE
WHICH LIES 105.00 FEET WESTERLY OF SAID PARALLEL WITH THE EAST LINE OF SAID
EAST HALF; THENCE SOUTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF 357.00
FEET TO THE POINT OF BEGINNING.
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