HomeMy WebLinkAboutT-5321 - Agreement/Covenant - 8/2/2005 (2) s
WHEN RECORDED MAIL TO:
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City Clerk FRESNO County Recorder
City of Fresno Robert C, Werner
2600 Fresno Street DDC— 2005-0068004
Fresno, CA 93721-3603 ' Monday, MAR 26, 2005 13:17:12
Tt 1 Pd $0.00 Nbr-0001778979
RGR/R7/1-9
NO FEE-Government Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10750
JAF: 4605, 4611, 4617 West Weathermaker Avenue
AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS TRACT NO. 5321
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Agreement for Early Issuance of Model Home Building Permits
Tract No. 5321/UGM
Page 2
THIS AGREEMENT is made this day of 200!�—, by and
between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and
Woodside Sevillano Inc., a California Corporation, hereinafter referred to as the "Developer,"
without regard for number or gender. J1
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 West McKinley Avenue and North Milburn 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 fileid and the City of Fresno has approved Tentative Map No.
5321 on the Subject Property. Additionally, the Developer has filed a Final Map of Tract No. 5321,
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. 5321/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 72, 4617 Wiest Weathermaker Avenue
Lot 73, 4611 West Weathermaker Avenue
Lot 74, 4605 Wiest Weathermaker 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 I'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 recorde d.
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. 5321/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 ail 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 Prlloperty 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 promiseis herein contained, the Developer shall deliver to the City of
Fresno the sum of One-Thousand($11,000)per model home for a total amount of Three Thousand
Dollars($3,000)evidenced by cash or a Certificate of Deposit made payable to the Cityof 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 De eloper. 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. 5321/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
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3 Lots @ $ 2,119 /Lot $ 6,357.00
Service Connection Charges - Water Meters per Lot
Lots 72, 73 &7�4, 3 - 1" Meters @ $ 330 /each $ 990.00
Total Fees and Charges Due $ 7,347.00
7. The obligations of the Developer provided in this Agreement are joint and several.
8. This Agreement shall inl noway 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 lentitlements 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.
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Agreement for Early Issuance of Model Home Building Permits
Tract No. 5321/UGM
Page 6
CITY OF FRESNO, DEVELOPER:
a Municipal Corporation
Woodside Sevillano, Inc. a California
Corporation
By
is Y 6vino, Director
Pla ng and Development Department
By:
Seth lar , President
APPROVED AS TO FORM: 6
HILDA CANTO MONTOY
City Attorney
(Attach Notary Acknowledgment)
By �(l I ,
Deputy
K:1Louisr\FT 53211FORM Agreement Early Model Home FT5321
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CALIFORNWALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On March 4 2005 before me, Jeanna M. Erickson
Date Name and Titleo cer e.g., ane Doe,Notary u Ic
personally appeared Seth Ure
Name(s) of Signer(s)
personally known to me- OR-
proved to me on the basis of satisfactory a idence
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.
JEANNA M.ERICKSON WITNESS my hand and official seal.
CommlWon#1466879
Notarytic-camomia
frwno county
%TIMV comm.Exphes Jori 31,2008
SqaatPWqMotary PUID11C
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: Agreement of Early Issuance of Model Tract 5321
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: I Signer's Name:
Individual I _ Individual
Corporate Officer I _ Corporate Officer
Title(s): I Title(s):
Partner-_Limited _General I _ Partner- Limited General
Attorney-in-Fact I _ Attorney-in-Fact
Trustee RIGHT THUMBPRINT I _ Trustee RIGHT THUMBPRINT
Guardian or Conservator OF SIGNER ( Guardian or Conservator OF SIGNER
Other: I I I _ Other:
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Signer is Representing: I I I Signer is Representing:
I I I I
I I I I I
I I I I I
I I I I I
F i A
CLERK'S CER TIFICA TION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On March 28,2005, 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.
WITNESSmy hand and official City Seal.
REBECCA E. KLISCH, CMC
CITY CLERK
O
By
Deputy March 28,2005(1:52pm)
EXHIBIT A
Agreement for Early Issuance of Model Home Building Permits for Tract No. 5321
Real property in the City of Fresno, County of Fresno, State of California, described as follows:
Parcel A of Parcel Map No. 2004-11, in the City of Fresno, County of Fresno, State of California,
According to the Map Thereof Recorded January 13, 2005, in Book 64 at Pages 38 and 39 of Parcel
Maps, Fresno County Records.
APN: 312-111-35