HomeMy WebLinkAboutT-5368 - Agreement/Covenant - 2/7/2006 WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603 0911412005120050214945
In NO FEE-Government Code 6103
LLJ
Q CITY OF FRESNO
U_ Planning and Development Department
Z U
V P.W. File No. 10811
JAF: 5433 West Donner Avenue
5462, 5476, 5484 West Indianapolis Avenue
AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS TRACT NO. 5368
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Agreement for Early Issuance of Model Home Building Permits
Tract No. 5368/UGM
Page 2
THIS AGREEMENT is made this / day of , 20 �S, by and
between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and
Fresno Park Communities, LLC, a California Limited Liability Company, 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
northeast corner of North Polk Avenue and West Indianapolis Avenue, just south of West
Gettysburg 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 filed and the City of Fresno has approved Tentative Map No.
5368 on the Subject Property. Additionally,the Developer has filed a Final Map of Tract No. 5368,
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.
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Agreement for Early Issuance of Model Home Building Permits
Tract No. 5368/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 31, 5433 West Donner Avenue
Lot 32, 5462 West Indianapolis Avenue
Lot 33, 5476 West Indianapolis Avenue
Lot 34, 5484 West Indianapolis 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.
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Agreement for Early Issuance of Model Home Building Permits
Tract No. 5368/UGM
Page 4
AGREEMENT
I n 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 Four Thousand
Dollars($4,000)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.
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Agreement for Early Issuance of Model Home Building Permits
Tract No. 5368/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
4 Lots @ $ 2,119 /Lot $ 8,476.00
Service Connection Charges - Water Meters per Lot
Lots 31 thru 34 4 - 1" Meters @ $ 330 /each $ 1,320.00
Total Fees and Charges Due $ 9,796.00
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.
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Agreement for Early Issuance of Model Home Building Permits
Tract No. 5368/UGM
Page 6
CITY OF FRESNO, DEVELOPER:
a Municipal Corporation
Fresno Park Communities, LLC, a California
B y Limited Liability Company
NI vino, Director
Planni and Development Department
By: 2;Fg&
Tim tfa , anaging Member
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
(Attach Notary Acknowledgment)
By
Deputy
K:\jonb\Map docs\Final Maps\FM 5368\FORM Agreement Early
Model Home FT5368 v07-02-04.wpd
louisr frankfs jonb 7-3-03
O
L
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF California )SS
COUNTY OF
Onr s
before me, personally appeared
personally known to me (or Oroved 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 mha fficial ALLISON L. MOORE
COMM. #1523741 �
Signature NOTARY PUBLIC-CALIFdRNIA
R9Nb CCUNT`i
Piy Car Expires NOV. �zoos
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below,doing so may prove invaluable to persons relying on the
documents.
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S) TITLE(S)
PARTNER(S) ❑ LIMITED ❑ GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
❑ OTHER
SIGNER IS REPRESENTING: -
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law,it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE
Reproduced t>y First American Title Insurance 1/2001
■
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5368/UGM
Page 9
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded onUifT�OS , in the office of the Fresno County Recorder as
Document No. OS- 3g� zO of which the Deed of Trust in by and/between:
C� Trustor,
�fTc" iVi4y�f� s Trustee, ZA-4-8 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: 22> low , 20
BENEFICIARY
By:
77vnBY:
(Beneficiary to print/type Name and Title;and
attach Notary Acknowledgment) .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
V
State of. �� )��(A 1
County of
On sn• before me, �� �� 15,��:�(��C,/ i�� bl I C
and itle of Officer(e.g.,"Jane Doe,NotaryPublic!')
personally appeared
Name(s)of Signer(s)
❑ personally known to me -OR- [proved to me on the basis of satisfactory evidence to be the persor(s) whose
( name(s)_ is/aY� subscribed ' to the, within instrument and
acknowledged to me that he/shiZ th%e � executed the same in
SHERRY DAVIS hisAK, //theL authorized capacity ' s), and that by his/ter/their
COMM.#1463543m signature on the instrument th personor the entity upon
_ �; Notary Public-California CA behalf of which the person( acted, executed the Instrument.
W ; "' SAN LUIS OBISPO COUNTY -+
My Comm.Exp.Jan 17,2008
WITNESS y eanand officials al.
Signat�7re otary 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 ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator . ❑ Guardian or Conservator
❑ Other: To of Thumb here ❑ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
CLERK'S CERTIFICATION
STATE OF CALIFORNL4 )
COUNTY OF FRESNO )
CITY OF FRESNO )
On September 14,2005, 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 ISCH, CMC
CITY CLERK
By -
Deputy ,=-1' 'f - temb&14,2005(1:15pm)
r .
EXHIBIT -A
Agreement for Early Issuance of Model Home Building Permits for Tract No. 5368
Real property in the City of Fresno, County of Fresno, State of California, described as follows:
THE SOUTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT
DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT'THEREOF.
EXCEPT AN UNDIVIDED % INTEREST IN AND.TO ALL OIL, GAS AND OTHER
HYDROCARBONS AND MINERALS NOW OR AT ANY TIME HEREAFTER SITUATE THEREIN
AND THEREUNDER, TOGETHER WITH ALL EASEMENTS AND RIGHTS NECESSARY OR
CONVENIENT FOR THE PRODUCTION, STORAGE AND TRANSPORTATION THEREOF AND
THE EXPLORATION AND TESTING OF THE SAID REAL PROPERTY, AND ALSO THE RIGHT
TO DRILL FOR, PRODUCE AND USE WATER FOR THE SAID REAL PROPERTY IN
CONNECTION WITH DRILLING OR MINING OPERATIONS THEREON, AS RESERVED IN
THE DEED FROM OSCAR JACOBSEN AND BESSIE P. JACOBSEN, HIS WIFE TO PETE
DIES AND MILDRED EMME DIES, HIS WIFE, TO OBBES SCARABELLO AND MARIE
SCARABELLO, HUSBAND AND WIFE, DATED JANUARY 28, 1948, RECORDED FEBRUARY
9, 1948, INSTRUMENT NO. 6396