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HomeMy WebLinkAboutT-5357 - Agreement/Covenant - 2/9/2006 WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII City Clerk FRESNO County Recorder City of Fresno Robert C, Werner " 2600 Fresno Street DOC— 2005-0300086 Fresno, CA 93721-:3603 Friday, DEC 23, 2003 10:24:19 Tt 1 Pd Nbr-0002051380 offDJG/RS/2-12 P NO FEE-Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 10962 JAF: 6715, 6727, 6739, 6751, 6763, 6775, 6787, 6799, 6811, 6823, 6835, 6859, 6871, 6883, 6895, 6907, 6919, 6931 West Calimyrna Avenue 6016, 6017 North Sycamore Avenue AGREEMENT FOR EARLY ISSUANCE OF MODEL HOME.BUILDING PERMITS TRACT NO. 5357 1 ;:` .� Agreement for Early Issuance of Model Home Building Permits Tract No. 5357/UGM Page 2 THIS AGREEMENT is made this 2/-5/_ day of N 20_06 , by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and Grantland Avenue, LLC, 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 Grantland and West Bullard 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, a Conditional Use Permit(C-04-267)and Vesting Tentative Map No.5357 fora Planned Development on the Subject Property. Additionally,the Developer has filed a Final Map of Tract No. 5357 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. P Agreement for Early Issuance of Model Home Building Permits Tract No. 5357/UGM I 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 1, 6859 West Calimyrna Avenue Lot 2, 6871 West Calimyrna Avenue Lot 3, 6883 West Calimyrna Avenue Lot 4, 6895 West Calimyrna Avenue Lot 5, 6907 West Calimyrna Avenue Lot 6, 6919 West Calimyrna Avenue Lot 7, 6931 West Calimyrna Avenue Lot 16, 6016 North Sycamore Avenue Lot 17, 6017 North Sycamore Avenue Lot 188, 6715 West Calimyrna Avenue Lot 189, 6727 West Calimyrna Avenue Lot 190, 6739 West Calimyrna Avenue Lot 191, 6751 West Calimyrna Avenue Lot 192, 6763 West Calimyrna Avenue Lot 193, 6775 West Calimyrna Avenue Lot 194, 6787 West Calimyrna Avenue Lot 195, 6799 West Calimyrna Avenue Lot 196, 6811 West Calimyrna Avenue Lot 197, 6823 West Calimyrna Avenue Lot 198, 6835 West Calimyrna Avenue Agreement for Early Issuance of Model Home Building Permits ' Tract No. 5357/UGM Page 4 G. The City is unwilling to permit such construction or inspect same without assurance that no vested rights orentitlements 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. r i, 0 ." Agreement for Early Issuance of Model Home Building Permits Tract No. 5357/UGM Page 5 AGREEMENT 4. 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 ($1,000) per model home for a total amount of Twenty Thousand Dollars ($ 20,000 ) 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. 5357/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 20 Lots @ $ 2,119 /Lot $ 42,380.00 Service Connection Charges - Water Meters per Lot .Lots 1-6, 188-198 17 - 1" Meters @ $330/each $ 5,610.00 Lots 7, 16, 17 3 - 1.5" Meters @ $455/each $ 1,365.00 Total Fees and Charges Due $ 49,355.00 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. 1.1. 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. 5357/UGM Page 7 CITY OF FRESNO, DEVELOPER: a Municipal Corporation Grantland Avenue LLC, a California Limited Liability Company. By: Granville , Inc., a California ByCorporation, Its Manager. ck oIf vino, Director Plan: i g and Development Department By: L)a Darius mi, Vice President APPROVED AS TO FORM: HILDA CANTO MONTOY (Attach Notary Acknowledgment) City Attorney By Deputy K:\Louisr\FT 5357\FORM Agreement Early Model Home FT5357 v07-02-04.wpd louisrjonb frankfs 7-3-03 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On December 21,2005,before me, Erika Leyva, Deputy City Clerk,personally appeared Nick P. Yovino,Director Planning and Development Department,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. KZLISCH CITY CLERIC ,1 By t.. 1)4ptity, EXHIBIT A Agreement for Early Issuance of Model Home Building Permits for Tract No. 5357 LOTS 721, 722, 723; 727, 728 AND A PORTION OF LOT 724 OF J.C. FORKNER FIG GARDEN SUBDIVISION NO.7; RECORDED IN VOLUME 10, PAGE 17 OF PLATS, FRESNO COUNTY RECORDS, LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE NORTH 00025'06" EAST, ALONG THE WEST LINE OF SAID SECTION 4, A DISTANCE OF 1,245.00 FEET TO THE INTERSECTION WITH THE WESTERLY PRODUCTION OF THE NORTH LINE OF SAID LOT 721; THENCE NORTH 89°42'06" EAST, ALONG THE NORTH LINE OF SAID LOT 721 AND ITS EASTERLY PRODUCTION, A DISTANCE OF 1,454.81 FEET TO THE INTERSECTION WITH THE EAST LINE OF SAID LOT 724; THENCE SOUTH 00025'13" WEST, ALONG SAID EAST LINE A DISTANCE OF 210.02 FEET TO THE NORTHWEST CORNER OF SAID LOT 728; THENCE NORTH 89°42'06" EAST, ALONG THE NORTH LINE OF SAID LOT 728, A DISTANCE OF 390.21 FEET TO THE NORTHEAST CORNER OF SAID LOT 728; THENCE SOUTH 00025'15" WEST, ALONG THE EAST LINE OF SAID LOT 728 AND ITS SOUTHERLY PRODUCTION, A DISTANCE OF 1,034.95 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 4; THENCE SOUTH 89°41'26" WEST ALONG THE SOUTH LINE OF SAID SECTION 4, A DISTANCE OF 1844.97 FEET TO THE POINT OF BEGINNING. i3 E jr F1,-,,.Agreement for Early Issuance of Model Home Building Permits .. Tract No. 5357/UGM -Page 10 SUBORDINATION 4 The unde signed as holder of the beneficial interest in and under that certain Deed of Trust recorded on � 2yS , in the office of the Fresno County Recorder as Document No. 0/3 j09,5_' of which the Deed of.Trust in by and between: �y� Z�•, Ago "6eZ ljr� o �i9f��,�,t.Y.d 441mDei14Ps r stor, , as Trustee, and , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Agreement For Early Issuance of Model Home Building Permits . DATED: lUcJr� riRc� Z7 , 201: BENEFICIARY BY: (Trustee/Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) r. i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. Y County of Onbefore me, _, i �l " Date am and Title of Officer(e.g.,"Jane Doe,Notary Public") 1. personally appeared � �� , Name(s)of Signer(s) ,-ET'personally known to me ❑ proved to me on the basis,of satisfactory evidence A. MARSHALL to be the person(s)whose name(s) is/are subscribed TIFFANIE A COMM. MARSHALL -4 to the within instrument and acknowledged to me that 0 NOTARY PUBLIC•CALIFORNIA he/she/they executed the same in his/her/their FRESNO COUNTY authorized capacity(ies), and that by his/her/their My Comm.Expires Aug.4,2007 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 andofficialseal. 4` Place Notary Seal Above �'iLiL.G � _ Signature of Notary Public 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: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: __ Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General54view 1101, MICTI lewill ❑ Partner—O Limited ❑ General ❑ Attorneyin Fact To of thumb here EJ Attorney in Fact EJ Trustee P EJ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©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 t CALIFORNIA ALL-PURPOSE.ACKNOWLEDGMENT .�( .�^.�.cf•.'�.r��t9.�.�".cl..cYE(>��.�C.c(`-'-:c-�Y`:c�'.cy°.c�^.�C�,c�`.c��3Z^.i?Y:�S?.c;E'�f`�`.c42cacc�.cf`,.c�^.c-Cast:':. ��c State of California ss. County of On before me, 1 �t�' , Date Name and Title of Officer(e.g., Jane Doe,N ary Public") ba ice` personally appeared us / s�0 , Name(s)of Signer(s) ❑ personally known to me ,, proved to me on the basis of satisfactory evidence CHRISTINE S.LIN�ENFELTER to be the person(s)whose name(s) is/are subscribed COMM.#1380834 to the within instrument and acknowledged to me that � NOTARY PUBLIC-CALFORNIA he/she/they executed the same in his/her/their ERESNOCOUNiY authorized ca aci ies , and that b his/her/their NN Canm Fires Oct:20,2006 P tY( ) Y 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. Place Notary Seal Above r Signature of otary P 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual. ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorneyin Fact Top of thumb here ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 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 •� ` f I 4