HomeMy WebLinkAboutT-5352 - Agreement/Covenant - 10/23/2006 WHEN RECORDED MAIL TO:
City Clerk IIII III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
City of Fresno
2600 Fresno street FRESNO County Recorder
Fresno, CA 93721-3603 Robert C. Werner
DOC— 2006-0090114
Friday, APR 28, 2006 10:45:31
Tt 1 Pd $0.00 Nbr-0002167894
RGR/R4/1-10
NO FEE-Government Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10895
JAF: 6502, 6508, 6520, 6532, 6544, 6556, 6568, 6580, 6592, 6604 W. Fairmont Avenue
AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS TRACT NO. 5352
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5352/UGM
Page 2
THIS AGREEMENT is made this �Y7,/W/day of Weqe/Z- , 200, by and
between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and
Centex Homes, a Nevada General Partnership, 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
west side of North Bryan Avenue, between West Shaw and West Gettysburg 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.
5352 on the Subject Property. Additionally, the Developer has filed a Final Map of Tract No. 5352,
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. 5352/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, 6502 W. Fairmont Avenue
Lot 6, 6508 W. Fairmont Avenue
Lot 7, 6520 W. Fairmont Avenue
Lot 8, 6532 W. Fairmont Avenue
Lot 9, 6544 W. Fairmont Avenue
Lot 10, 6556 W. Fairmont Avenue
Lot 11, 6568 W. Fairmont Avenue
Lot 12, 6580 W. Fairmont Avenue
Lot 13, 6592 W. Fairmont Avenue
Lot 14, 6604 W. Fairmont 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. 5352/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 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 ($1,000) per model home for a total amount of Ten Thousand
Dollars ($ 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.
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5352/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 5-14, 10 - 1" Meters @ $ 330 /each $ 3.300.00
Total Fees and Charges Due $ 24,490.00
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.
ff � �
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5352/UGM
Page 6
CITY OF FRESNO, DEVELOPER:
a Municipal Corporation
Centex Homes, a Nevada General Partnership
By: Centex Real Estate Corporation, a
BY — Nevada Cor ration, as Managing General
c . Yovino, Director Partner
Plan ing and Development Department
b
APPROVED AS TO FORM: Roger Foster, Division Controller
JA�rs C 5;I'd C'Y6-r-
BY L (Attach Notary Acknowledgment)
Deputy
K:\KeyvanA\Final Maps\FM 5352\FORM Agreement Early Model
Home FT5352 v07-02-04.wpd
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STATE OF CALIFORNIA )
ss.
COUNTY OF TULARE )
On April 7, 2006 , before me, V C Patton,Notary Public,
Personally appeared Roger Foster
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 aofficial seal. V C.
j Ccmff*dM•1618937
SignatureNftW c-eawaft
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*CMM 60MNov21,
(SEAL)
CLERK'S CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF FRESNO
CITY OF FRESNO
On April 27, 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/SCH
CITY CLERK
By t! .
Deputy
EXHIBIT A
Agreement for Early Issuance of Model Home Building Permits for Tract No. 5352
Real property in the unincorporated area of the County of Fresno, State of California, described
as follows:
Parcel A:
A portion of the East half of the Northwest quarter of Section 16, Township 13 South, Range 19
East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of
California, according to the Official Government Plat thereof, more particularly described as
follows:
Commencing at the Center corner of said Section 16;
Thence, North 00°02'43" East, along the East line of the Remainder Parcel of Parcel Map No.
7088, recorded in Book 49, page 21 of Parcel Maps, Fresno County Records, a distance of
285.00 feet to the Southwest corner thereof;
Thence North 00'01'17" East, along the West line of said Remainder Parcel, a distance of
209.96 feet to the South line of Parcel 2 of Lot Line Adjustment 2004-39, recorded May 27, 2005
as Document No. 2005-0117652, Official Records of Fresno County;
Thence, along the South line of said Parcel 2, the following courses;
South 79'03'15" West, a distance of 99.62 feet;
South 76'31'02" West, a distance of 208.16 feet;
South 57'28'48" West, a distance of 493.52 feet;
South 62'25'42" West, a distance of 125.69 feet;
South 54'51'46" West, a distance of 253.03 feet to a point on the West line of said Parcel 2;
Thence, North 00'01'28" East, along the West line of said Parcel 2, a distance of 1089.89 feet to
the North line of said Parcel 2;
Thence, North 89'57'43" East, along the North line of said Parcel 2, a distance of 1319.77 feet to
the East line of the Northwest quarter of said Section 16;
Thence, South 00°02'43" West, along said East line, a distance of 763.83 feet to the True Point
of Beginning;
Excepting therefrom a portion of said Remainder Parcel more particularly described as follows:
Commencing at the Center quarter.corner of said Section 16;
Thence, North 00°02'43" East, along the East line of the Northwest quarter of said Section 16, a
distance of 1304.80 feet to the True Point of Beginning;
Thence, South 89'56'55" West, a distance of 142.00 feet;
Y
Y
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5352/UGM
Page 9
Thence, North 25°34'54" West, a distance of 72.35 feet;
Thence, North 22'48'50" East, a distance of 96.91 feet;
Thence, South 89°58'32" East, a distance of 135.79 feet to the East line of the Northwest quarter
of said Section 16;
Thence, South 00°02'43" West, along said East line, a distance of 154.40 feet, to the True Point
of Beginning.
Contains 22.857 Acres more or less.
Parcel B:
Parcel 1 of Parcel Map No. 7088, in the County of Fresno, State of California, according to the
Map thereof recorded in Book 49, Page 21 of Parcel Maps, Fresno County Records.