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HomeMy WebLinkAboutPM 2002-13 - Agreement/Covenant - 11/17/2005 WHEN RECORDED MAIL TO: Illi III III I III II II,III{I IIII III 1 Illi I III I IIII II II City clerk FRESNO County Recorder City of Fresno Robert C. Werner 2600 Fresno Street Fresno, CA 93721-3603 DOC— 2005-0171407 Friday, JUL 29, 2005 10:37:51 Tt1 Pd $0.00 Nbr-0001901406 CRR/R3/1-,4 NO FEE-Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. JAF: 4 AMENDMENT TO PARCEL MAP AGREEMENT NO. 2002-13 THIS AMENDMENT TO AGREEMENT("Amendment") made and entered into as of this qday of 2005, amends the Parcel Map Agreement No. 2002-13 heretofore entered into between the City of Fresno, a municipal corporation, hereinafter referred to as"City", and The Zone Sports Center, L.L.C., a California Limited Liability Company, hereinafter referred to as"Subdivider". RECITALS WHEREAS, City and Subdivider entered into a Parcel Map Agreement No. 2002-13, dated September 3, 2002, hereinafter referred to as"Agreement;"and WHEREAS, the parties desire to amend the Agreement by substituting a new Exhibit"A"for the existing Exhibit"A"to allow,alternative security from a deed of trust for the improvements to Barton Avenue. AGREEMENT NOW, THEREFORE, the parties agree that the aforesaid Agreement be amended as follows: 1. Exhibit A to the Agreement, which sets forth itemized amounts for the securities pursuant to Section 4 and 5 of the Agreement, is superceded in its entirety by"EXHIBIT A Parcel Map Agreement for Parcel Map 2002-13"attached hereto and incorporated by reference herein. 2. Except as otherwise provided herein, the Agreement entered into by City and Subdivider, dated September 3, 2002, remains in full force and effect. Amendment to Parcel Map Agreement for Parcel Map 2002-13 Page'2 IN WITNESS WHEREOF,the parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO THE ZONE SPORTS CENTER, L.L.C., a municipal corp ati n a California Limited Liability Company 136ec� By�� NameLITS{ F tW 7 Name AD"— 0116 ij Title-i*GY--K �• Il�L�Qf�' Title `Ori aka. Milton Barbis ATTEST: REBECCA�i 0K,080H- City By. Deputy APPROVED AS To PO-RM: HILDA CANTO MON70Y City Att ey By: Depu y�L� . By: Name: Title: t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of l On UJ before me, V �- lfatu Dater Name and Tile o1 Officer(e.g.,'ane Doe,Notary Pu licj personally appeared r b/S Name(s)of Signer(s) EA 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 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the TEsasn�at+a entity upon behalf of which the person(s) acted, (AMM.#1348617 -; raoraarw ,c• executed the instrument. WITNESS my hand and,official seal. Place Notary Seal Above • !J/�i{/1�[/j)'il 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. Descriptio f Attached Document Title or Type of menta Document Date: Number o ages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ner's Name: ❑ Individual Individual ED Corporate Officer—Title(s): ❑ orate Officer—Title(s): ❑ Partner—❑ Limited ❑ General t_ ❑ Partn ❑ Limited ❑ General ❑ .Attorney in Fact To of thumb here ❑ Attorney in ct 71humb P ❑ Trustee ❑ Trustee . Guardian or Conservator ❑ Guardian or Conse r ❑ Other: ❑ Other: Signer Is Rep nting: Signer Is Representing: ®2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 Item No.5907 Reorder.Call Toll-Free 1-800-876.6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) CO LINTY OF FRESNO ) CITY OF FRESNO ) On July 28, 2005, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Ruth F. Quinto, Interim Assistant City Manager, 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 duly 28,2005(1:44pm)