HomeMy WebLinkAboutT-5433 - Agreement/Covenant - 10/6/2005 (2) z
WHEN RECORDED MAIL TO: � IIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIII�III
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City Clerk !, FRESNO County Recorder
City of Fresno Robert C. Werner
2600 Fresno Street DOC— 2005-0129425
Fresno, CA 93721-3603 Friday, JUN 10, 2005 13:50:06
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NO FEE-Government Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No.
JAF: 4129, 4135, 4141, 4147, 4153, 4159 West Cherry Tree Lane
4073, 4079, 4085, 4091, 4097, 4103, 4121, 4127, 4133, 4139, 4145, 4151 West Fig Tree Lane
AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS TRACT NO. 5433
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5433/UGM
Page 2
THIS AGREEMENT is made this day of �'��� , 20 Q!, by and
between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and
European Grove at Fig Garden, LP.,a California Limited 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
southwest corner of North Jeanne Avenue and West Bullard 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, a Conditional Use
Permit(C-04-272)and Vesting Tentative Map No.5433 for a Planned Development on the Subject
Property. Additionally, the Developer has filed a Final Map of Tract No. 5433, 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.
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:
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5433/UGM
Page 3
Lot 3, 4129 West Cherry Tree Lane
Lot 4, 4135 West Cherry Tree Lane
Lot 5, 4141 West Cherry Tree Lane
Lot 6, 4147 West Cherry Tree Lane
Lot 7, 4153 West Cherry Tree Lane
Lot 8, 4159 West Cherry Tree Lane
Lot 12, 4151 West Fig Tree Lane
Lot 13, 4145 West Fig Tree Lane
Lot 14, 4139 West Fig Tree Lane
Lot 15, 4133 West Fig Tree Lane
Lot 16, 4127 West Fig Tree Lane
Lot 17, 4121 West Fig Tree Lane
Lot 20, 4103 West Fig Tree Lane
Lot 21, 4097 West Fig Tree Lane
Lot 22, 4091 West Fig Tree Lane
Lot 23, 4085 West Fig Tree Lane
Lot 24, 4079 West Fig Tree Lane
Lot 25, 4073 West Fig Tree 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.
s
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5433/UGM
Page 4
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
In consideration of the foregoing,the early issuance of building permits forthe 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.
a
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.
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5433/UGM
Page 5
4. To assure the promises herein contained, the Developer shall deliver to the City of
Fresno the sum of One-Thousand ($1,000) per model home for a total amount of Eighteen
Thousand Dollars ($ 18,000 ) 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
18 Lots @ $ 2,119 /Lot $ 38,142.00
Service Connection Charges -Water Meters per Lot
Lots 3-8, 12-17, 20-25 18 - 1" Meters @ $ 330 /each $ 5,940.00
Total Fees and Charges Due $44,082.00
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. `'
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5433/UGM
Page 6
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.
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5433/UGM
Page 7
CITY OF FRESNO, DEVELOPER:
a Municipal Corporation
European Grove at Fig Garden, LP., a California
B Limited Partnership.
Y
Ni vino, Director By: European Grove at Fig Garden, Inc.,A
Planni nd Development Department California Corporation as general partner.
APPROVED AS TO FORM: i
HILDA CANTO MONTOY BY
City Attorney Kevin J C tanos, resident
B -
Y
Deputy Richard G. Wathen, Secretary
K:\Louisr\FT 5433\FORM Agreement Early Model Home FT5433
v07-02-04.wpd (Attach Notary Acknowledgment)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On May 27, 2005 before me, Michelle C. DeWitt, Notary Public, personally appeared Kevin J. Castanos and
Richard G. Wathen
E personally known to me- OR-
El 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.
MICHEU,E C.DEWITT WITNESS my hand and official seal.
0Commbsion#1512543
Notary Pu bYC-CaWomla
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Comm.E*kw Sep 12,2008
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(les) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
RIGHT THUMB RIGHT THUMB
OF SIGNER OF SIGNER
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
CO UNTY OF FRESNO )
CITY OF FRESNO )
On June 9,2005, 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
6
0
By _J
Deputy June 9,2005(4:26pm)
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EXHIBIT A
Agreement for Early Issuance of Model Home Building Permits for Tract No. 5433
That portion of Figarden Subdivision No. 2, according to the map thereof recorded in Volume 9,
page 8 of Plats, Fresno County Records, described as follows:
BEGINNING at the Northeast corner of Lot 340 of said Figarden Subdivision No. 2; thence
South 0028'04" West, along the East boundary of said Figarden Subdivision No. 2, a distance of
974.69 feet to the Southeast corner of Lot 1039 of Bullard Lands Irrigated Subdivision No. 6 as
shown on said map of Figarden Subdivision No. 2; thence South 0028'04" West, along the
centerline of the 60 foot street, shown as Napolitan Avenue on said map of Figarden Subdivision
No. 2, a distance of 44.66 feet to the intersection with the centerline of the 70 foot street, shown
as College Avenue on said map of Figarden Subdivision No. 2; thence North 51008'18"West,
along the centerline of said 70 foot street, a distance of 159.98 feet to the intersection with the
centerline of the 60 foot street, shown as Verba Avenue on said map of Figarden Subdivision No.
2; thence South 38051'42" West, along the centerline of last said 60 foot street, a distance of
35.00 feet to the intersection with the Southeasterly production of the Northeasterly line of Lot
565 of said Figarden Subdivision No. 2; thence North 51008'18" West, along the Northeasterly
lines of Lots 335, 522, 543, 544 and 565 of said Figarden Subdivision No. 2 and their
Southeasterly productions, a distance of 1,475.94 feet to the North corner of said Lot 335;
thence North 3014'00" West, a distance of 260.88 feet to the intersection with the centerline of
the 80 foot street, shown as Bullard Avenue on said map of Figarden Subdivision No. 2; thence
North 86046'00" East, along the centerline of said 80 foot street, a distance of 956.12 feet to the
intersection with the Northwesterly production of the Northeasterly line of.Lot 337 of said
Figarden Subdivision No. 2; thence South 51003'53" East, along said Northwesterly production
and the Northeasterly lines of Lots 337, 338, 339 and 340 of said Figarden Subdivision No. 2, a
distance of 468.26 feet to the Point of Beginning.
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5433/UGM
Page 10
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on April 5, 2005 , in the office of the Fresno County Recorder as
Document No. 2005-0074469 of which the Deed of Trust in by and between:
European Grove at Fig.Garden, LP, a California limited partnership, as Trustor,
Chicago Title Company , as Trustee, and Guaranty Bank , 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: June 7, 2005
BENEFICIARY
Guaranty Bank
By:
uss e, Vice Presiden
By:
(Beneficiary to print/type Name and Title;and
attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
i County of GICf G�yr�ev� ss.
On _�34he.. '7, ZOO S7 before me, Les I( L-e&,eLA_(_kr•��`
Date !� 1 Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared T u 15 RwiyyNe-
Name(s)of Signer(s)
Jersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
LESLIE LEA PIICKETF subscribed to the within instrument and
Convnkdon*1473621 acknowledged to me that he/she/they executed
-: Ni CcMOmlo the same in his/her/their authorized
SOCK m uft couwy capacity(ies), and that by his/her/their
MyCOmm•Explies MaF 2.2004 signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WIT 4,nmu,a
ici ry 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: e.•� L4L4,n tr' ✓Y11oaJ
l-6w,.49
X,a Id��
Document Date:�[)._ Number of Pages:
Signer(s)Other Than Named Above: �U
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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