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HomeMy WebLinkAboutT-5300 - Agreement/Covenant - 2/1/2006 WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 0Z�01�Z006�Z00600ZZ891 O C Z C.> C C.1 NO FEE-Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 10861 JAF: 5305, 5317, 5329, 5341, 5353, 5365, 5377, 5389, 5401, 5413 West Terrace Avenue 2541, 2569, 2583, 2597, 2611 North Ellendale Avenue AGREEMENT FOR EARLY ISSUANCE OF MODEL HOME BUILDING PERMITS TRACT NO. 5300 Agreement for Early Issuance of Model Home Building Permits Tract No. 5300/UGM Page 2 THIS AGREEMENT is made this day of , 20�, by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and Grove Partners, 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 northeast corner of North Polk Avenue and West Clinton Avenues. 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 Tentative Map No. 5300 on the Subject Property. Additionally, the Developer has filed a Final Map of Tract No. 5300, 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. 5300/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, 5305 West Terrace Avenue Lot 4, 5317 West Terrace Avenue Lot 5, 5329 West Terrace Avenue Lot 6, 5341 West Terrace Avenue Lot 7, 5353 West Terrace Avenue Lot 8, 5365 West Terrace Avenue Lot 9, 5377 West Terrace Avenue Lot 10, 5389 West Terrace Avenue Lot 11, 5401 West Terrace Avenue Lot 12, 5413 West Terrace Avenue Lot 16, .2541 North Ellendale Avenue Lot 17, 2569 North Ellendale Avenue Lot 18, 2583 North Ellendale Avenue. Lot 19, 2597 North Ellendale Avenue Lot 20, 2611 North Ellendale Avenue Agreement for Early Issuance of Model Home Building Permits Tract No. 5300/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. 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. 5300/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 ($1,000) per model home for a total amount of Fifteen Thousand Dollars ($ 15,000 ) 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. 5300/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 15 Lots @ $ 2,119/Lot $ 31.785.00 Service Connection Charges - Water Meters per Lot Lots 3 thru 12, & 17 thru 20 14 - 1" Meters@ $ 330 /each $ 4,620.00 Lot 16 1 - 1Y2 " Meters @ $ 455 /each $ 455.00 Total Fees and Charges Due $ 36,860.00 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. 5300/UGM Page 7 9 _ CITY OF FRESNO, DEVELOPER: a Municipal Corporation Grove Partners LLC, a California Limited Liability Company. By: Generation Homes, Inc., a California By Corporation, Its Manager. Ic ovino, Director Planni g and Development Department By: APPROVED AS TO FORM: Robert L. Wood, President HILDA CANTO MONTOY City Attorney (Attach Notary Acknowledgment) By Deputy K:\Louisr\FT 5300\FORM Agreement Early Model Home FT5300 v07-02-04.wpd louisr jonb frankfs 7-3-03 � e STATE OF CALIFORNIA ) )ss. COUNTY OF FRESNO ) On before me, Diane Harper, Notary Public,personally appeared Robert L. Wood, President,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. .� DIANE HARPER m Commission*1864505 WITNESS hand and official seal .e Notary Public-Calltornla Y ffi Fresno County 6My Cornm.E-q*es Mar 26,2009 Notary Public 1'^ CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On 31, 2000, before me, _ _� ,-�cu�. / � , Deputy City Clerk, personally appeared Nick P.Yovino, Director, Planning and Development Department personally known to me (or provided to me on the basis of satisfactory evidence)to be the persons(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(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 seal. REBECCA E. KLISCH, CMC CITY CLERK By1 ` ^rte• -'/'.. .' DEPUTY'CITX�G1ERK 4. EXHIBIT A Agreement for Early Issuance of Model Home Building Permits for Tract No. 5300 THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 19 EAST, M.D.B.M., IN THE UNINCORPORATED AREA COUNTY OF FRESNO, STATE OF CALIFORNIA. EXCEPTING THEREFROM THE.NORTH 336 FEET OF THE WEST 318 FEET THEREOF; ALSO EXCEPTING THEREFROM THE SOUTH 186 FEET OF THE EAST 234.19 FEET THEREOF; ALSO EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY DESCRIBED AS: COMMENCING AT A POINT ON THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF SECTION 27, WHICH BEARS 477 FEET FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, THENCE NORTH 186 FEET; THENCE WEST 468.38 FEET; THENCE SOUTH 186 FEET TO A POINT ON THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27; THENCE EAST 468.38 FEET ALONG THE SAID SOUTHERLY LINE, TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE WEST 378.00 FEET OF THE SOUTH 230.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 19 EAST, M.D.B.M., FRESNO COUNTY, CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLATS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY DESCRIBED AS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE SOUTH 89°48'38" WEST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 945.38 FEET TO THE SOUTHWEST CORNER OF THAT REAL PROPERTY DESCRIBED IN A GRANT DEED y Agreement for Early Issuance of Model Home Building Permits Tract No. 5300/UGM Page 10 RECORDED JUNE 25, 1999 AS INSTRUMENT NO. 99-0095437, OFFICIAL RECORDS OF FRESNO COUNTY; SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 0°11'22" WEST, ALONG THE WEST LINE OF SAID PROPERTY DESCRIBED IN SAID DEED AND THE NORTHERLY PROLONGATION THEREOF, A DISTANCE OF 281.84 FEET; THENCE SOUTH 89°49'17" WEST, A DISTANCE OF 370.63 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 0°05'37" EAST, ALONG SAID WEST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 281.91 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 89°48'38" EAST, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 371.10 FEET TO THE TRUS POINT OF BEGINNING. PARCEL 2: THE NORTH 336 FEET OF THE WEST 318 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 19 EAST, M.D.B.M., IN THE UNINCORPORATED AREA, COUNTY OF FRESNO, STATE OF CALIFORNIA. EXCEPTING THEREFROM THE NORTH 234.19 FEET OF THE WEST 186 FEET THEREOF. ' PARCEL 3: THE WEST 378.00 FEET OF THE SOUTH 230.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. i e Agreement for Early Issuance of Model Home Building Permits Tract No. 5300/UGM Page 11' SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on AC )f 5Iacl� , in the office of the Fresno County Recorder as Document No. of which the Deed of Trust in by and between: 131 r \ CO , as Trustor, TAn \ \ , as Trustee, and C \ C , as Beneficiary, hereby expres y subordinates said Dee of Trust and its beneficial interest thereto to the foregoing Agreement For Early Issuance of Model Home Building Permits . DATED: �\�t':m _ ` , 20 BENEFICIARY By: BY- (Beneficiary to print/type Name and Title;and attach Notary Acknowledgment) e' a STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On before me, Diane Harper, Notary Public, personally appeared Geraud Smith,Vice President,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged tome that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. DIANE HARPER commission# 1864505 WITNESS my hand and official seal 011MyComm, Notary Public-California Fresno County Expires Mar 26,2009 Notary Public DIANE HARPS Commission# 15645U5 •� Notary Public-Calltomla Fresno County MY COMM Expires Mar 26.2001? C i..