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HomeMy WebLinkAboutT-5395 - Agreement/Covenant - 9/26/2005 (2) J� WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street LU M Fresno, CA 93721-3603 O p LL_. U 0110112005,20050141166 NO FEE-Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 10763 JAF: 5664, 5676, 5698, 5712 N. La Paz Avenue 6755, 6767 W. Wrenwood Lane AGREEMENT FOR EARLY ISSUANCE OF.MODEL HOME BUILDING PERMITS TRACT NO. 5395 �tiW��4v Agreement for Early Issuance of Model Home Building Permits Tract No. 5395/UGM Page 2 THIS AGREEMENT is made thisday of ILZe 20_A2,5,by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and Grantland Avenue LLC, a California Limited Liability Company, hereinafter referred to as the "Owner,"without regard for number or gender and La Terraza Partners LLC.,a California Limited Liability Company, hereinafter designated and called the ("Developer"). 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 east side of North Grantland Avenue, between West Sierra Avenue and West Barstow Avenue. 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-04-042)and Vesting Tentative Map No. 5247 for a Planned Development on the Subject Property. Additionally, the Developer has filed a Final Map of Tract No. 5395, Phase 2 of Vesting Tentative Map No. 5247, 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. Agreement for Early Issuance of Model Home Building Permits Tract No. 5395/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 20, 5712 N. La Paz Avenue Lot 21, 5698 N. La Paz Avenue Lot 22, 5676 N. La Paz Avenue Lot 23, 5664 N. La Paz Avenue Lot 45, 6755 W. Wrenwood Lane Lot 46, 6767 W. Wrenwood Lane 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. 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. Agreement for Early Issuance of Model Home Building Permits Tract No. 5395/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 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 Six Thousand-Dollars($6,000)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. F Agreement for Early Issuance of Model Home Building Permits Tract No. 5395/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 6 Lots @ $ 2,119/Lot $ 12,714.00 Service Connection Charges - Water Meters per Lot Lots 20 thru 23, 45, 46, 6 - 1" Meters @ $ 330 /each $ 1,980.00 Total Fees and Charges Due $ 14,694.00 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 9 9 Y 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. 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 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. 5395/UGM Page 6 CITY OF FRESNO, OWNER: a Municipal Corporation Grantland Avenue LLC, a California Limited Liability Company. By: Granville Homes, c, a California Corpor By AVIL, P. vino, Director By: Planniand Development Department Dar semi, ice Pr ide His APPROVED AS TO FORM: DEVELOPER: HILDA CANTO MONTOY LaTerraza Partners LLC,' a California Limited City Attorney Liability Company. By: Generation Homes, Inc., a California Corporation, Its Ma ger. By. 'Deputy By: Robert L. Wood, President K:\Louisr\FT 5395\FORM Agreement Early Model Home FT5395 (Attach Notary Acknowledgment) v07-02-04.wpd louisrjonb frankfs 7-3-03 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Ci «t�Sbefore me, (avy1221" SyLAZg� , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared CSC_ tL% —(f{S�ea�� Name(s)of Signer(s) ersonally 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 AMNRSOUZA he/she/they executed the same in his/her/their O^#1159 authorized capacity(ies), and that by his/her/their Hollolly Plum-CaNOmO signature(s) on the instrument the person(s), or the . how County 14PINVC01MILSOMFI111111512.2004 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above 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 ❑ General __• ❑ Partner—❑ Limited ❑ General AIN,I ❑ Attorneyin Fact ❑ Attorneyin Fact ' • Top of thumb here Top of thumb here ❑ Trustee ❑ Trustee ❑ 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 91313-2462 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 10 s; CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � ss. County of On li_7 before me, � Date ame and Title of Office e. .,"Jane Doe,Notary Public") personally appeared �j \� Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are or 1 � subscribed to the within instrument and _ Commk"101611 acknowledged to me that he/she/they executed N01caYPRac-ccooaMo the same in his/her/their authorized H1mcauY capacity(ies), and that by his/her/their MVC0WMEY0wMar26,2009 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. Signature of Notary Pu 'c 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(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): El Partner—❑ Limited ❑General El Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•.Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO CITY OF FRESNO ) On June 29, 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., KLISCH,.,CMC CITY CLERK Bye Deputy June"29,300S,(11:46am) i C5 EXHIBIT A Agreement for Early Issuance of Model Home Building Permits for Tract No. 5395 That portion of the Northwest Quarter of Section 9, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, described as follows: Beginning at the Center Quarter corner of said Section 9; thence North 0007'55" West, along the East line of said Northwest Quarter, a distance of 658.56 feet to the Southeast corner of the North Half of the South Half of said Northwest Quarter; thence South 89036'29" West, along the South line of said North Half, a distance of 863.75 feet to the TRUE POINT OF BEGINNING; thence South 89036'29" West, along said South line, a distance of 457.25 feet; thence South 0007'55" East, parallel with and 1321.00 feet from the East line of said Northwest Quarter, a distance of 49.19 feet to the intersection with a line parallel with and 610.00 feet North of the South line of said Northwest Quarter; thence South 89034'49" West, parallel with and 610.00 feet North of the South line of said Northwest Quarter, a distance of 652.74 feet to the intersection with the West line of the East Half of the Southwest Quarter of said Northwest Quarter; thence North 0001'48" West, along said West line, a distance of 270.01 feet; thence North 89034'49" East, a distance of 330.01 feet; thence North 0001'48" West, a distance of 443.70 feet; thence North 89038'07" East, a distance of 605.01 feet to the intersection with a curve, concave to the Northeast, whose radius point bears North 78019'47" East; thence Northwesterly along said curve, having a radius of 572.00 feet through a central angle 3045'32", a distance of 37.53 feet; North 89058'12" East, a distance of 111.65 feet; thence South 11008'38" East, a distance of 31.49 feet; thence South 13043'07" East, a distance of 120.68 feet; thence North 89036'29" East, a distance of 31.48 feet; thence South 0023'31" East, a distance of 552.00 feet to the TRUE POINT OF BEGINNING.