HomeMy WebLinkAboutT-5600 - Agreement/Covenant - 2/15/2008 WHEN RECORDED MAIL TO: IIT
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FRESNO County Recorder
City Clerk
City of Fresno Robert C. Werner
2600 Fresno Street DOC— 2007-0202570
Fresno, CA 93721-3603 Tuesday, NOV 06, 2007 14:14:41
Tt 1 Pd $0,00 Nbr-0002640397
JZG/R3/1-12
NO FEE-Government Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No. 11214
JAF: 5402, 5414, 5426, 5438 North Maruyama Avenue
7020, 4032, 7044, 7056 West San Madele Avenue
AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS TRACT NO. 5600
Agreement for Early Issuance
of Model Home Building Permits
Tract No. 5600
Page 2
THIS AGREEMENT is made this 10`h day of October , 2007, 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 on the
south side of West Barstow Avenue between North Garfield and North Grantland 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 Tentative Map No.
5600 on the Subject Property. Additionally, the Developer has filed a Final Map of Tract No. 5600,
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.
Agreement for Early Issuance
of Model Home Building Permits
Tract No. 5600
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 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 Eight
Thousand Dollars ($8,000 ) evidenced by 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.
Agreement for Early Issuance
of Model Home Building Permits
Tract No. 5600
Page 8
Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its
officers, officials, agents, employees and volunteers. Developer shall have furnished City
with the certificate(s) and applicable endorsements for ALL required insurance prior to
City's execution of the Agreement. Developer shall furnish City with copies of the actual
policies upon the request of City's Risk Manager at any time during the life of the Agreement or
any extension, and this requirement shall survive termination or expiration of this Agreement.
If at any time during the life of the Agreement or any extension, Developer fails to
maintain the required insurance in full force and effect, all work under this Agreement shall be
discontinued immediately, and all payments due or that become due to Developer shall be
withheld until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to
City. Any failure to maintain the required insurance shall be sufficient cause for City to
terminate this Agreement.
If Developer should subcontract all or any portion of the services to be performed under
this Agreement, Developer shall require each subcontractor to provide insurance protection in
favor of City, its officers, officials, employees and agents in accordance with the terms of each
of the preceding paragraphs, except that the subcontractors' certificates and endorsements
shall be on file with Developer and City prior to the commencement of any work by the
subcontractor.
12. 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. 5600
Page 9
CITY OF FRESNO, DEVELOPER:
a Municipal Corporation
LENNAR FRESNO, INC., a California Corporation
Planning and Development Department
Nick P. Yovino, Director
y
By:
_Reith Berg hol , ssista't Direc or Steve Lutton, Vice-President
(Attach Notary Acknowledgment)
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By:
J W. Fox, Deputy City Attorney
Date: 1�5� r� d `7
t
STATEOF 641-arntc.
COUNTYOF f�fw()
On _,before me, t
(here insert name and title of the officer),personally appeared
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 the within instrument and acknowledged to me that helshelthey executed the same in hisiherftheir authorized
capacity(ies), and that by his/her/their signatures)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.
ALAN I NELSON
Signatur _ ,. _ (SEAL) Commisslon# 1601712 Z
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—� 'aNotary Public-California
jolmyFresno County
Comm.Expires Aug 19,2009
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER G� �.r 0 IM0, 1r'. ewo
TITLE OF OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
ID-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On t ;� _r } before me,
Deputy City Clerk personally appeared ,v d a'� t ►� ► -'•.. „ . - + ._ir4:>` .i%� r 4 _�
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 which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH, CMC
CITY CLERK
By f
DEPUTY
EXHIBIT A
Agreement for Early Issuance of Model Home Building Permits for Tract No. 5600
Real property in the unincorporated area of the County of Fresno, State of California,
described as follows: =
Parcels 1, 2 and 3 of Parcel Map No. 4620, according to the map thereof recorded in Book 30 of
Parcel Maps at Page 77, Fresno County Records, being a portion of the Southeast quarter of
Section 8, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the
Official United States Government Township Plat thereof, in the County of Fresno, State of
California.
TOGETHERWITH all that portion of Lots 17, 18, 23 and 24 of the Plat of Muscatel Estate,
according to the map thereof recorded in Book 4 of Plats at Page 67, Fresno County Records,
more particularly described as follows:
BEGINNING at the Northwest corner of Parcel 1 of said Parcel Map No. 4620; thence South
00024'57"West, along the West line of said Parcel Map No. 4620, a distance of 634.47 feet to
the Southwest corner of Parcel 3, of said Parcel Map No. 4620; thence North 89058'43" East,
along the South line of said Parcel 3, a distance of 647.18 feet to the Southeast corner of said
Parcel 3, said Southeast corner being a point on a line 30.00 feet West of and parallel with the
East line of the Southeast quarter of said Section 8; thence South 00025'00"West, along said
parallel line a distance of 60.00 feet to the Northeast corner of the land described in the Deed
recorded April 21, 1999, as Document No. 1999-0061438, Official Records of Fresno County;
thence South 89058'43"West, along the North line of the land described in said Document No.
1999-0061438, a distance of 862.89 feet to the Northwest corner of the land described in said
Document No. 1999-0061438; thence North 00024'53" East, a distance of 39.36 feet; thence
North 89051'33"West, a distance of 250.00 feet; thence North 00024'53" East, a distance 44.08
feet; thence North 80033'55"West, a distance of 96.55 feet to the beginning of a non-tangent
curve concave to the Northwest having a radius of 50.00 feet and to which point a radial line
bears South 84128'18" East; thence Southwesterly along said non-tangent curve a distance of
90.00 feet through a central angle of 103107'56"to the beginning of a reverse curve concave to
the South having a radius of 45.00 feet, a radial line through said beginning of reverse curve
bears North 18139'38" East; thence Westerly along said reverse curve a distance of 14.66 feet
through a central angle of 18040'18"; thence on a tangent line South 89159'20"West, a distance
of 40.48 feet; thence South 44159'20"West, a distance of 17.46 feet; thence South 89059'20"
West, a distance of 50.00 feet; thence North 45001'13"West, a distance of 17.46 feet; thence
South 89159'20"West, a distance 37.24 feet to the beginning of a tangent curve concave to the
South having a radius of 45.00 feet; thence Westerly along said tangent curve a distance of
14.66 feet through a central angle of 18040'18"to the beginning of a reverse curve concave to
the Northeast having a radius of 50.00 feet, a radial line through said beginning of reverse curve
bears South 18140'58" East; thence Westerly and Northerly along said reverse curve a distance
of 111.13 feet through a central angle of 127120'36"to the beginning a reverse curve concave to
the West having a radius of 45.00 feet, a radial line through said beginning of reverse curve
bears South 71020'22" East; thence Northerly along said reverse curve a distance of 14.66 feet
through a central angle of 18140'18"; thence on a tangent line North 00100'40"West, a distance
of 80.10 feet; thence North 44148'02"West, a distance of 17.49 feet; thence North 00008'12"
East, a distance of 54.00 feet; thence North 45008'42" East, a distance 17.42 feet;
thence North 00006'05"West, a distance of 117.70 feet; thence North 89053'55" East, a distance
of 50.00 feet; thence South 45106'05" East, a distance o f 17.46 feet; thence North 89053'55"
East, a distance of 90.43 feet; thence North 00006'05" West, a distance of 348.77 feet to a point
on a line 30.00 feet South of and parallel with the North line of the Southeast quarter of said
Section 8; thence North 89053'52" East, along said parallel line a distance of 721.70 feet to the
intersection of said parallel line with the Northerly prolongation of the West line of said Parcel
Map No. 4620; thence South 00024'57"West, along said Northerly prolongation a distance of
55.00 feet to the POINT OF BEGINNING.