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HomeMy WebLinkAboutT-5287 - Agreement/Covenant - 6/12/2006 s WHEN RECORDED MAIL TO: ' City Clerk City of Fresno 2600 Fresno Street LU Fresno, CA 93721-3603 06/12/2006,20060122536 a= � 0 0 �-�- U Z U NO FEE-Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 11034 JAF: 4551, 4557, 4563, 4569, 4575, 4581, 4587, 4593, 4595, 4599 East Edna Avenue 2407, 2411, 2415, 2419, 2423, 2427, 2443, 2447, 2451, 2455 South Meridian Avenue AGREEMENT FOR EARLY ISSUANCE OF MODEL HOME BUILDING PERMITS TRACT NO. 5287 r Agreement for Early Issuance of Model Home Building Permits Tract No. 5287/UGM Page 2 THIS AGREEMENT is made this S day of ����- , 20 o� , by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and KB Home Central Valley 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 southwest corner of South Maple Avenue and East Church 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. 5235 on the Subject Property. Additionally, the Developer has filed a Final Map of Tract No. 5287, 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. 5287/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 3, 4551 East Edna Avenue Lot 4, 4557 East Edna Avenue Lot 5, 4563 East Edna Avenue Lot 6, 4569 East Edna Avenue Lot 7, 4575 East Edna Avenue Lot 8, 4581 East Edna Avenue Lot 9, 4587 East Edna Avenue Lot 10, 4593 East Edna Avenue Lot 11, 4595 East Edna Avenue Lot 12, 4599 East Edna Avenue Lot 13, 2407 South Meridian Avenue Lot 14, 2411 South Meridian Avenue Lot 15, 2415 South Meridian Avenue Lot 16, 2419 South Meridian Avenue Lot 17, 2423 South Meridian Avenue Lot 18, 2427 South Meridian Avenue Lot 129, 2443 South Meridian Avenue Lot 130, 2447 South Meridian Avenue Lot 131, 2451 South Meridian Avenue Lot 132, 2455 South Meridian Avenue Agreement for Early Issuance of Model Home Building Permits Tract No. 5287/UGM Page 4 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. Agreement for Early Issuance of Model Home Building Permits Tract No. 5287/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 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 ($1,000)per model home fora total amount of Twenty Thousand Dollars ($ 20,000 ) 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. 5287/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 20 Lots @ $ 2,119 /Lot $ 42,380.00 Service Connection Charges -Water Meters per Lot Lots 3-18 and 129-132, 20 - 1" Meters @ $ 330 /each $ 6,600.00 Total Fees and Charges Due $ 48,980.00 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. Agreement for Early Issuance of Model Home Building Permits Tract No. 5287/UGM Page 7 CITY OF FRESNO, DEVELOPER: a Municipal Corporation KB Home Central Valley Inc., a California Corporation. BytPlang ino, Director gy. d Development Department Keviim II, Vice President Oper+alions nd Purchasing (Attach Notary Acknowledgment) APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney B � Deputy K:\CONSULTANT SERVICES-URS\URS T-5287\FT 5287\FORM Agreement Early Model Home FT5287 v07-02-04.wpd louisr frankfs jonb 7-3-03 Acknowledgment State of Ca I I for n I a ) County of SCt n J D A D U s 6 ss. On .) U MC Ob a 21�� ,before me, Z.-LWApA M( personally appeared K2y f n K i m b proved to me on the basis of satisfactory evidence) to be the rson whose name is ar.&subscribed to the within instrument and acknowledged to me p at�e s}te key executed the same in�her/4ieir authorized capacity(jos),and that by his he kei signature($)on the instrument the person(p),or the entity upon behalf of which e person(A).acted,executed the instrument. WITNESS my hand and official seal. NANCY DENZ COMM.#1519892 ,t NOTARY PUBLIC CALIFORNIA Signature qC SAN JOAQUIN COUNTY � MY COMM EXP OCTODER'- 2008 JurisDocuments.com CLERK'S CER TIFICA TION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On June 12, 2006, before me, Erika Leyva, Deputy City Clerk, personally appeared Nick P. Yovino, Director Planning and Development Department, 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 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 upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK By t l( EXHIBIT A Agreement for Early Issuance of Model Home Building Permits for Tract No. 5287 LEGAL DESCRIPTION Real property in the City of FRESNO, County of FRESNO, State of California, described as follows: PARCEL 1: THE NORTH 313 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLATS. EXCEPTING THEREFROM THAT PORTION GRANTED TO THE COUNTY OF FRESNO, BY DEED RECORDED DECEMBER 15, 1967 IN BOOK 5512, PAGE 291, INSTRUMENT NO. 86697, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE (1)SOUTH 000 03' 35" WEST ALONG THE EAST BOUNDARY OF THE SOUTHWEST QUARTER OF SAID SECTION 13, 313 FEET; THENCE (2) WESTERLY, A DISTANCE OF 43.72 FEET; THENCE (3) NORTH 010 12' 20" WEST A DISTANCE OF 313.09 FEET TO A POINT ON THE NORTH BOUNDARY OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE (4) EASTERLY 49.98 FEET ALONG THE NORTH BOUNDARY OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13, TO THE POINT OF BEGINNING. PARCEL 2: THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE, 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLATS. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE CENTER 1/4 CORNER OF SAID SECTION 13; THENCE (1) SOUTH 890 40' 20" WEST, ALONG THE NORTH BOUNDARY OF SAID SOUTHWEST 1/4, TO THE NORTHWEST CORNER OF THE SAID NORTHEAST 1/4 OF THE SOUTHWEST 1/4; THENCE (2) SOUTH 000 19' 40" EAST, ALONG THE WEST BOUNDARY OF THE SAID NORTHEAST 1/4 OF THE SOUTHWEST 1/4, A DISTANCE OF 40 FEET; THENCE (3) NORTH 890 51' 35" EAST, A DISTANCE OF 1269.23 FEET, MORE OR LESS; THENCE (4) SOUTHEASTERLY ALONG THE ARC OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST(HAVING A 10 FOOT RADIUS, A RADIUS POINT WHICH BEARS SOUTH 000 08' 25" EAST AND A CENTRAL ANGLE OF 900 04' 50")A DISTANCE OF 15.72 FEET; THENCE (5)SOUTH 000 03' 35" EAST,A DISTANCE OF 1266.15 FEET, MORE OR LESS; THENCE (6) NORTH 890 39' 08" EAST, ALONG THE SOUTH BOUNDARY OF THE SAID NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 50.28 FEET; THENCE(7) NORTH 00' 02' 52"WEST, ALONG THE EAST BOUNDARY OF THE SAID NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 13, TO THE SAID CENTER 1/4 CORNER, SAID CORNER ALSO BEING THE POINT OF BEGINNING.