HomeMy WebLinkAboutT-5406 - Agreement/Covenant - 7/19/2006 ■
WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIII11I
City Clerk FRESNO County Recorder
City of Fresno Robert C, Werner
2600 Fresno Street DOC— 2006-0108527
Fresno, CA 93721-3603 Tuesday, MAY 23, 2006 13:33:39
Tt 1 Pd $0.00 Nbr-0002190313
EMF/R5/1-9
NO FEE-Government Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10934
JAF: 5032, 5044, 5049, 5056, 5061, 5068, 5073, 5080, 5085, 5092, 5097, 5104, 5109, 5116, 5121,
5128, 5133, 5140, 5133, 5121, 5109, 5097, 5085 West Hunter Avenue
2902,2916,2930,2944,2958,2974 North Brix Avenue
AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS TRACT NO. 5406
THIS AGREEMENT is made this 22"d day of May , 2006, by and between the CITY OF
FRESNO, a Municipal Corporation, hereinafter referred to as the "City," and LENNAR FRESNO,
INC., a California Corporation, 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 at the
Southwest corner of North Cornelia Avenue and West Sheilds 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 Vesting Tentative Map
No. 5406 on the Subject Property. Additionally, the Developer has filed a Final Map of Tract
No. 5406, hereinafter referred to as the "Final Map" pursuant to said Tentative Map, which will be
presented for City Council action after the effective date of annexation of the Subject Property.
D. The Developer is requesting the issuance of building permits to construct model
homes on the Subject Property prior to the effective date of annexation of the Subject Property and
prior to the approval and recording of the Final Map.
E. The Subject Property is situated within the jurisdiction of the County of Fresno and
on April 12, 2006, was approved by the Fresno County Local Agency Formation Commission
(LAFCO) to be annexed into the City of Fresno. The annexation is not yet effective however, in
anticipation of the pending effective date of annexation of the Subject Property, the County of
Fresno Building Official has deputized the City of Fresno Building Official and authorized the City
of Fresno Building Official to issue building permits for model homes. Such building permits will
be issued and inspected in accordance with City of Fresno codes and regulations.
P
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 13, 2902 North Brix Avenue Lot 25, 5104 West Hunter Avenue
Lot 14, 2916 North Brix Avenue Lot 26, 5116 West Hunter Avenue
Lot 15, 2930 North Brix Avenue Lot 27, 5128 West Hunter Avenue
Lot 16, 2944 North Brix Avenue Lot 28, 5140 West Hunter Avenue
Lot 17, 2958 North Brix Avenue Lot 249, 5133 West Hunter Avenue
Lot 18, 2974 North Brix Avenue Lot 250, 5121 West Hunter Avenue
Lot 19, 5032 West Hunter Avenue Lot 251, 5109 West Hunter Avenue
Lot 20, 5044 West Hunter Avenue Lot 252, 5097 West Hunter Avenue
Lot 21, 5056 West Hunter Avenue Lot 253, 5085 West Hunter Avenue
Lot 22, 5068 West Hunter Avenue Lot 254, 5073 West Hunter Avenue
Lot 23, 5080 West Hunter Avenue Lot 255, 5061 West Hunter Avenue
Lot 24, 5092 West Hunter Avenue Lot 256, 5049 West Hunter 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.
1. 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. 1
AGREEMENT
Inconsideration 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 ($1,000) per model home for a total amount of Twenty Four
Thousand Dollars ($ 24,000 ) 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.
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
24 Lots @ $ 2,119 /Lot $ 50,856.00
Service Connection Charges - Water Meters per Lot
Lots 13 thru 28, 249 thru 256 23 - 1" Meters @ $ 330 /each $ 7,590.00
Lot 19 1 - 1-1/2" Meters @ $ 455 /each $ 455.00
Total Fees and Charges Due $ 58,901.00
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.
1
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
Lennar Fresno, Inc.,
a California Corporation
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By: By:.
rkiKP-Y6vino, Director Steve Lutton, Vice-President
Pla r
g and Development Department
APPROVED AS TO FORM:
JAMES C. SANCHEZ
Interim City Attorney
(Attach Notary Acknowledgment)
f {- _
By:
Deputy
ACKNOWLEDGMENT
State of Calif rnia
County of
On *- �-ft° � before me, -&vL �jC(here insert name and title of the officer)
personally appeared— L401n__—_—_—_---_—__-- _--
------------- ------ — -----
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s�whose name(e) is/arc-subscribed to the within instrument and
acknowledged to me that he/sheAey executed the same in his/ha44lair-authorized
capacity("), and that by his/heFAhe*F signature(s) on the instrument the person(&};
or the entity upon behalf of which the person(sj-acted, executed the instrument.
AIMt T.NELSON
WITNESS my hand and official seal. comrAulon#►1601712
Hoby KM-CONOmia
/� r�n.no county
Signature —_--- —_--i1&'MVC0ffM&Pk"AQ1q'2w4
(Seal)
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EXHIBIT A
Agreement for Early Issuance of Model Home Building Permits for Tract No. 5406
PARCEL ONE:
LOT 9 OF TRACT NO. 3207, WESTERN ESTATES, IN THE COUNTY OF FRESNO, STATE OD CALIFORNIA,
ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 38, PAGE 60 OF PLATS, FRESNO COUNTY
RECORDS.
PARCEL TWO:
PARCEL 1 OF PARCEL MAP NO. 2456, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 15 AT PAGE 93 OF PARCEL MAPS, FRESNO
COUNTY RECORDS.
PARCEL THREE:
PARCEL 2 OF PARCEL MAP NO. 3798, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 24, PAGE 71 OF PARCEL MAPS, FRESNO
COUNTY RECORDS.
PARCEL FOUR:
THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE
COUNTY OF FRESNO, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL GOVERNMENT PLAT
THEREOF.
EXCEPTING THEREFROM ALL THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 27, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27, SAID
POINT BEING SOUTH 00001'09" EAST, A DISTANCE OF 219.45 FEET FROM THE NORTHEAST CORNER OF
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE
CONTINUING SOUTH 00001'09" EAST ALONG THE EAST LINE OF SAID NORTHEAST QUARTER,A
DISTANCE OF 107.39 FEET; THENCE SOUTH 89°53'20"WEST, A DISTANCE OF 202.45 FEET; THENCE
NORTH 45007'09"WEST, A DISTANCE OF 17.46 FEET; THENCE NORTH 00°06'40"WEST, A DISTANCE OF
88.61 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF
125.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02017'34", A
DISTANCE OF 5.00 FEET TO THE END POINT OF SAID CURVE, A RADIAL LINE THROUGH SAID POINT
BEARS NORTH 87049'06" WEST; THENCE ON A NON-TANGENT LINE NORTH 89°30'18" EAST, A DISTANCE
OF 214.87 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27,
SAID POINT BEING THE POINT OF BEGINNING.
PARCEL FIVE:
THE SOUTH ONE HALF OF THE NORTH ONE HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 19 EAST, IN THE COUNTY OF FRESNO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
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CLERK'S CERTIFICATION
State of California)
County of Fresno )
On May 23, 2006, before me, Cindy Bruer, Deputy City Clerk, personally
appeared Nick P. Yovino, Planning and Development Director, 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 be 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. KLISCH
CITY CLERK, CMC
By
Deputy'City Clerk