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HomeMy WebLinkAboutT-5310 - Agreement/Covenant - 8/1/2005 WHEN�RECORDED MAIL TO: FRESNO County Recorder City Clerk Robert C, Werner City of Fresno DOC— 2005-0108145 2600 Fresno Street Fresno,.CA 93721-3603 Monday, MAY 16, 2005 15:31:56 Tt 1 Pd X0.00 Nbr-0001826774 CRR/R3/1-9 NO FEE-Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 10701 JAF: 6517, 6529, 6541 East Lane Avenue 6504, 6516, 6528, 6540 East Lowe Avenue AGREEMENT FOR EARLY ISSUANCE OF MODEL HOME BUILDING PERMITS TRACT NO. 5310 Agreement for Early Issuance of Model Home Building Permits Tract No. 5310/UGM Page 2 THIS AGREEMENT is made this 6 day ofy"l , 20-by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and Lennar Fresno 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 east side of South Armstrong Avenue between East Kings Canyon Avenue and East Butler Avenue, within the Roosevelt Community Plan area. 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. 5310 on the Subject Property. Additionally, the Developer has filed a Final Map of Tract No. 5310; 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: Agreement for Early Issuance of Model Home Building Permits Tract No. 5310/UGM Page 3 Lot 31, 6541 East Lane Avenue Lot 32, 6529 East Lane Avenue Lot 33, 6517 East Lane Avenue Lot 35, 6504 East Lowe Avenue Lot 36, 6516 East Lowe Avenue Lot 37, 6528 East Lowe Avenue Lot 38, 6540 East Lowe 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. 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. 5310/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 recorded in the County Recorder's office, shall be a lien on the Subject Property and Agreement for Early Issuance of Model Home Building Permits Tract No. 5310/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 7 Lots @ $ 2,119/Lot $14,833.00 Service Connection Charges - Water Meters per Lot Lots 31-33, 35-38 7 - 1" Meters @ $ 330 /each $ 2.310.00 Total Fees and Charges Due $ 17,143.00 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. 5310/UGM Page 6 CITY OF FRESNO, DEVELOPER: a Municipal Corporation Lennar Fresno Inc., a California Corporation. 7­ Ic ovino, Director By: i Pla ng and Development Department Steve L tton, Vice-President APPROVED AS TO FORM: HILDA CANTU MONTOY City Attorney (Attach Notary Acknowledgment) By Deputy K:Ijonb\Map docsTinal MapsTM 53101FORM Agreement Early Model Home FT5310 v07-02-04.wpd louisr frankfs jonb 7-3-03 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF Fresno } On May 10, 2005 before me, Tauna Rothermel , personally appeared STEVE LUTTON personally 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 authorized capacity(ies), an 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. TAUNA RO'THEMEL WITNESS my hand and official seal. commission#1354119 Z i Notary Public-California y Z Fresno County My comm.Fires Apr 13.2005 rfat6-re- 19 �---- - ' (NOTARY SEAL( J NN CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On May 16, 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 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/SCH, CMC CITY CLERK By ,o�� Y Deputy May 16,20+95(3:OOpm) �t EXHIBIT A Agreement for Early Issuance of Model Home Building Permits for Tract No. 5310 PARCEL 1: THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL 2: THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE SOUTH 164 FEET OF THE WEST 240 FEET OF THE NORTH '/2 OF THE SOUTHWEST '/4 OF THE NORTHEAST Y4 OF SECTION 10, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.