HomeMy WebLinkAboutT-5294 - Agreement/Covenant - 8/31/2006 n
WHEN RECORDED MAIL TO: IIII III III I 111111111111 IIII III I IIII I IIII I III 11 III
City Clerk FRESNO County Recorder
City of Fresno Robert C. Werner
2600 Fresno Street DOC— 2006-0111506
Fresno, CA 93721-3603 Friday, MAY 25, 2005 13:35:35
Tt 1 Pd $0.00 Nbr-0002193861
EMF/R5/1-9
NO FEE-Government Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10910
JAF: 177, 191, 205, 219 South McKelvey Avenue
6764, 6773, 6778, 6795, 6798, 6820 East Raco Avenue
AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS TRACT NO. 5294
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Agreement for Early Issuance of Model Home Building Permits
Tract No. 5294/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 Beazer Homes
Holdings Corporation, a Delaware Corporation, 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
South Temperance Avenue between East Butler Avenue and East Kings Canyon Road.
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 Vesting Tentative
Map No. 5294 on the Subject Property. Additionally, the Developer has filed a Final Map of Tract
No. 5294 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. 5294/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 5, 177 South McKelvey Avenue
Lot 6, 191 South McKelvey Avenue
Lot 7, 205 South McKelvey Avenue
Lot 8, 219 South McKelvey Avenue
Lot 11, 6773 East Raco Avenue
Lot 12, 6795 East Raco Avenue
Lot 70, 6764 East Raco Avenue
Lot 71, 6778 East Raco Avenue
Lot 72, 6798 East Raco Avenue
Lot 73, 6820 East Raco 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. 5294/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 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 Developershall 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 ($1,000) per model home for a total amount of Ten
Thousand Dollars ($ 10,000 ) 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.
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Agreement for Early Issuance of Model Home Building Permits
Tract No. 5294/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
10 Lots @ $ 2,119/Lot $ 21,190.00
Service Connection Charges - Water Meters per Lot
Lots 5-8, 11, 12, 70-73 10 - 1" Meters @ $330/each $ 3,300.00
Total Fees and Charges Due $ 24,490.00
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. 5294/UGM
Page 6
CITY OF FRESNO, DEVELOPER:
a Municipal Corporation
Beazer Homes Holdings Corporation, a
Delaware Corporation.
By
Yovino, Director
Plan i g and Development Department
A n` ewman,.
Vice President of Operations
(Attach Notary Acknowledgment)
APPROVED AS TO FORM:
JAMES C. SANCHEZ
Interim City Attorney
By q1C 10' ✓v
Deputy
K:\CONSULTANT SERVICES - URS\URS T-5294\FORM
Agreement Early Model Home FT5294 v07-02-04.wpd
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of re,SYI() ss. /
On Ln before me, osa E 1 o Pub_ /L,
'Mite Name and Title of Offic .g.,"Jane Doe,Notaryublic")
personally appeared 4
Name(s)of Signer(s)
ersonally 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 acknowledged to me that
he/she/they executed the same in his/her/their
��E LONG authorized capacity(ies), and that by his/her/their
Commission# 161297 signature(s) on the instrument the person(s), or the
L18N0" ic -Caltorrro entity upon behalf of which the person(s) acted,
FMW Cour>ty executed the instrument.
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WITNESS my han d icial seal.
Place Notary Seal Above
47 Signature of Nota tic
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 nwocurnent
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Title or Type of Document: I�eYnP✓�' r far .�SyAA1 tC._OS AI) Pte( �w-w- 1 1 Q�4'�
Document Date: Number of Pages:
Signer(s)Other Than Named Above: - ---- —
Capacity(ies) Cipipied by Pigner(s)
Signer's Name: a I ail Alejjm Cc4 Signer's Name:
❑ Individual ❑ Individual
Z11�0rporate Officer—Titie(s): frrvh o ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General Now,
10 ❑ Partner—El Limited ❑ G rat
❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact '
El Trustee El Trustee
Top of thumb here
❑ Guardian or Conservator ❑ Guardian or C servator
❑ Other: ❑ Other:
Signer Is Representing: -&ctzeeiSigne s Representing:
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®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
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EXHIBIT A
Agreement for Early Issuance of Model Home Building Permits for Tract No. 5294
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FRESNO,
COUNTY OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 10, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND
MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
PARCEL2:
ALSO A RIGHT-OF-WAY FOR THE CONVEYANCE OF WATERS THROUGH THAT CERTAIN
PIPELINE RUNNING FROM THE MAIN CANAL, WHICH PIPELINE IS LOCATED OVER AND
ACROSS THE EASTERLY 5 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SAID SECTION 10, AND BEING ADJACENT TO
TEMPERANCE AVENUE, TOGETHER WITH THE RIGHT TO ENTER UPON SAID LAND FOR
THE REPAIR AND MAINTENANCE OF SAID PIPELINE.
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On May 26, 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. KL ISCH
CITY CLERK
14
By %,i CL ;� _ '� �4
Depu'! I
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