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Home My WebLink AboutT-5457 - Agreement/Covenant - 5/2/2006 (2) WHEN RECORDED MAIL TO: City Clerk Q City of Fresno W 2600 Fresno Street ?� Fresno, CA 93721-3603 0 0 0112112006,2006001aa12 Z U O U NO FEE-Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 10864 JAF: 5609, 5617, 5625, 5633, 5641, 5657, 5662, 5665, 5670, 5673, 5681 North Sycamore Avenue 5649, 5657, 5665 North La Ventana Avenue AGREEMENT FOR EARLY ISSUANCE OF MODEL HOME BUILDING PERMITS TRACT NO. 5457 Agreement for Early Issuance of Model Home Building Permits Tract No. 5457/UGM Page 2 THIS AGREEMENT is made this 2 773/day of , 20 4)4, 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 east side of North Grantland Avenue between West Sierra and West Barstow 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-04-042)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. 5457 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. 5457/UGM Page 3 F. The Developer has filed building plans and has requested thatthe 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, 5609 North Sycamore Avenue Lot 2, 5617 North Sycamore Avenue Lot 3, 5625 North Sycamore Avenue Lot 4, 5633 North Sycamore Avenue Lot 5, 5641 North Sycamore Avenue Lot 6, 5657 North Sycamore Avenue Lot 7, 5665 North Sycamore Avenue Lot 8, 5673 North Sycamore Avenue Lot 9, 5681 North Sycamore Avenue Lot 10, 5670 North Sycamore Avenue Lot 11, 5662 North Sycamore Avenue Lot 12, 5654 North Sycamore Avenue Lot 13, 5649 North La Ventana Avenue Lot 14, 5657 North La Ventana Avenue Lot 15, 5665 North La Ventana Avenue Agreement for Early Issuance of Model Home Building Permits Tract No. 5457/UGM Page 4 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. 5457/UGM Page 5 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 ($1,000) per model home for a total amount of Fifteen Thousand Dollars ($ 15,000 ) 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. 5457/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 15 Lots @ $ 2,119/Lot $ 31,785.00 Service Connection Charges - Water Meters per Lot Lots 1-7, 9-15, 14 - 1" Meters @ $330/each $ 4,620.00 Lot 8 1 - 1.5" Meter @ $455/each $ 455.00 Total Fees and Charges Due $ 36,860.00 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. 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. 5457/UGM Page 7 CITY OF FRESNO, DEVELOPER: a Municipal Corporation Grantland Avenue LLC, a California Limited Liability Company. *W� rYIU'CI By: Granville , Inc., a California BY /V0--C- Corporation, Its Manager. Nli-cVq. jovino, Director Planni and Development Department ,VA Mac- Kovi U o By: Darius Assemi, Vice resident APPROVED AS TO FORM: HILDA CANTO MONTOY (Attach Notary Acknowledgment) City Attorney By Depu K:\CONSULTANT SERVICES - URS\URS T-5457\FORM Agreement Early Model Home FT5457 v07-02-04.wpd louisrjonb frankfs 7-3-03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of�&a-4� On before me, e Name and Title of Officer(e. ,"Jane Nota ublic") personally appeared —� nl ) Names)of Signer(s) �rsonally known to me ❑ proved to me on the basis of satisfactory evidence CHRISTINE S,UNUNFELTER to be the person(s) whose name(s) is/are subscribed .� COMM.#1380834 to the within instrument and acknowledged to me that c� NOTARY PLOLIC•CALIFORNIA he/she/they executed the same in his/her/their • FRESNO COUNTY My Comm.Expires Oct.20.2006 authorized capacity(ies), and that by his/her/their 0 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 Signature Nota blic 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) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General WIWI IN 1 0 i 1 ❑ 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: c,��;�;�,�;�;`�(,�=its-�:1`f"�i;�,�'�`�(,'�.`�� 0 2004 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On C_�r� c } z�, 2 00 S , before me, C1-Y �L L- personally appeared y�-� _ �/cz�c » , '-c- -c�z'ti personally known to me (or provided to me on the basis of satisfactory evidence) to be the persons(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(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 seal. REBECCA E. KLISCH, CMC CITY CLERK By DEPUTY )"Y e l-E9 K. EXHIBIT A Agreement for Early Issuance of Model Home Building Permits for Tract No. 5357 PARCEL MAP NO. 2159, RECORDED IN BOOK 17, PAGE 26 OF FRESNO COUNTY RECORDS. EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST CORNER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE NORTH 00°00'00" EAST, ALONG THE WEST LINE OF SAID SECTION 9, A DISTANCE OF 757.02 FEET; THENCE NORTH 89034'51" EAST, A DISTANCE OF 245.39 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST; THENCE EASTERLY ALONG SAID TANGENT CURVE, HAVING A RADIUS OF 275.00 FEET, THROUGH A CENTRAL ANGLE OF 04017'54", A DISTANCE OF 10.32 FEET; THENCE SOUTH 00°00'00" WEST, A DISTANCE OF 756.25 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 9; THENCE SOUTH 89°34'51" WEST, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 266.01 FEET TO THE POINT OF BEGINNING. Agreement for Early Issuance of Model Home Building Permits Tract No. 5457/UGM Page 10 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on JA//7E; 114. in the office of the Fresno County Recorder as Document No.2005 -0/3.:3665 of which the Deed of Trust in by and between* Aav -lClnd Ay"je, �.�.G, a tla 11* ,r' liL l> / to fiG7hl1j& m s Trus r, Financial Lf' �=nq ly , as Trustee, and Mi'Yne&)-har-hYr6hlAs Beneficiary, hereby expres y subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Agreement For Early Issuance of Model Home Building Permits . DATED: UQUA9 EV /% , 20a, BENEFICIARY By: l t-tvus//7 c zp/t�l dam r"y BY: (Trustee/Beneficiary to print/type Name and Title;and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On 2Al ol /7, A to before me, Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public•) personally appeared WAVA&C. 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 TIFFANIE A. MARSHALL acknowledged to me that he/she/they executed COMM. #1433485 0 the same in his/her/their authorized • NOTARYPUBLIC-CALIFORNIA FRESNO COUNTY 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 and official seal. r IV 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 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: ®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 Agreement for Early Issuance of Model Home Building Permits Tract No. 5457/UGM Page 10 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded onVale, /1, .2O? f , in the office of the Fresno County Recorder as Document No.2M5- 0/33W8-15 of which the Deed,of Trust in by and between: Assem> gYa� 116, R Ca. 1 {n(n►�11IY1 i 4ed 11"a bl 11 / C 007P as Trustor, Fl 1ync/al 7-j'-t& Com pan V , as Trustee, and 6P Cael'kzl Comigang a oai,'7LMrAhjj2 , as Beneficiary, hereby expres y subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Agreement For Early Issuance of Model Home Building Permits . DATED: Vanua /1 , 2W BENEFICIARY By: 7,70ma6 G, Wiz ll-r 1'usin9 CaP)`7 l C°rn paml BY: (Trustee/Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia p L , // County of AX63M9 ss. On k747114 /7, g'�Wlo before me, T/`��WI 4115 �I�iQJr�IJ� Dale Name and Title of Officer(e.g.,'Jane Doe,Notary Public') personally appeared Tim/Ye-,i �ri • A1&"_Z=6p , Na (a)o1 nar(s) personally 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 he/she/they executed the same in his/her/their authorized TIFFANIE' E A--M R HALL capacity(ies), and that by his/her/their COMM. #1433485 g signature(s) on the instrument the person(s), or f– NOTARYPUBLIC-CALIFORNIA �`. the entity upon behalf of which the person(s) FRESNO COUNTY My Comm.Expires Aug,4,n0 acted, executed the instrument. WITNESS my hand and official sseJal._ V 4V 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 Signer's Name: ❑ Individual Topol thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Boz 2402•Chatsworth,CA 91313-2402•www.nalionalnotary.org Prod,No.5907 Reorder:Call Toll-Free 1-800-676-6827