Loading...
HomeMy WebLinkAboutT-5458 - Agreement/Covenant - 10/11/2005 -• WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 � �,K0911412005,20050214946 _. W LAG � CD NO FEE-Government Code 6103 CCD CITY OF FRESNO Planning and Development Department P.W. File No. 10788 JAF: 2574, 2575, 2580, 2581, 2586, 2587, 2593 South Bundy Drive 2573, 2578, 2579, 2584, 2585, 2590 South Ezie Avenue 5908, 5914, 5920, 5926, 5932, 5938, 5944 East Hoxie Avenue AGREEMENT FOR EARLY ISSUANCE OF MODEL HOME BUILDING PERMITS TRACT NO. 5458 s. Agreement for Early Issuance of Model Home Building Permits Tract No. 5458/UGM Page 2 THIS AGREEMENT is made this. day of ,J /�l[3C� , 20�s, by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and Sunnyside Project, 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 southwest corner of South Fowler and East.Church 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-04-148)and Vesting Tentative Map No. 5248 for a Planned Development on the Subject Property. Additionally, the Developer has filed a Final Map of Tract No. 5458, Phase 2 of Vesting Tentative Map No. 5248, 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. g a Agreement for Early Issuance of Model Home Building Permits Tract No. 5458/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 77, 2574 South Bundy Drive Lot 78, 2580 South Bundy Drive Lot 79, 2586 South Bundy Drive Lot 80, 2585 South Ezie Avenue Lot 81, 2579 South Ezie Avenue Lot 82, 2573 South Ezie Avenue Lot 89, 2578 South Ezie Avenue Lot 90, 2584 South Ezie Avenue Lot 91, 2590 South Ezie Avenue Lot 92, 5908 East Hoxie Avenue Lot 93, 5914 East Hoxie Avenue Lot 94, 5920 East Hoxie Avenue Lot 95, 5926 East Hoxie Avenue Lot 96, 5932 East Hoxie Avenue Lot 97, 5938 East Hoxie Avenue Lot 98, 5944 East Hoxie Avenue Lot 99, 2593 South Bundy Drive Lot 100, 2587 South Bundy Drive Lot 101, 2581 South Bundy Drive Lot 102, 2575 South Bundy Drive Agreement for Early Issuance of Model Home Building Permits Tract No. 5458/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. 5458/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 ($1,000) per model home for a total amount of Twenty Thousand Dollars ($ 20,000 ) 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. 5458/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 20 Lots @ $ 2,119 /Lot $ 42,380.00 Service Connection Charges - Water Meters per Lot Lots 77-82, 89-91, 93-96, 99-102 17 - 1" Meters @ $330/each $ 5.610.00 Lots 92, 97, 98 3 - 1.5" Meters @ $455/each $ 1,365.00 Total Fees and Charges Due $ 49,355.00 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. 5458/UGM Page 7 CITY OF FRESNO, DEVELOPER: a Municipal Corporation Sunnyside Project LLC, a California Limited Liability Company. By: Granville Homes, Inc., a California By , Corporation, Its Manager. vl Nick P. o, Director Plannin and Development Department By: Darius Assemi, Member APPROVED AS TO FORM: HILDA CANTO MONTOY (Attach Notary Acknowledgment) City Attorney By Deputy K:\Louisr\FT 5458\FORM Agreement Early Model Home FT5458 v07-02-04.wpd louisr jonb frankfs 7-3-03 ■ t F. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of /�Dle3Ny ss. On " o�GYJS before me, /`L�¢�✓/ �Y1/ Q Sf/f�L Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Name(s)of Signer(s) rsonally known to me ❑ proved to me on the basis of satisfactory evidence to "be the person(s) whose .name(s) is/are TIFFANIE A. MARSHALL subscribed to the within instrument and COMM. #1433485 acknowledged to me that he/she/they executed NOTARY PUBLIC•CALIFORNIA the same in his/her/their authorized �- 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. 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: Em ❑ Individual Top of 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.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 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 fi'-Septeft be;1-4;2005(1:15pm) EXHIBIT A Agreement for Early Issuance of Model Home Building Permits for Tract No. 5458 PARCEL B OF PARCEL MAP NO. 2004-27, RECORDED IN BOOK 64, PAGES 77 AND 78 OF PARCEL MAPS, FRESNO COUNTY RECORDS.