HomeMy WebLinkAboutHabitat For Humanity Fresno - Agmt for Transfer of Real Property for APN 329-162-18#lb- z\3
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AGREEMENT FOR TRANSFER OF REAL PROPERTY
^ n - fhis Transfer Agreement is entered into as of the 3fd day of
NWfOn , 2016, by the ctry oF FRESNo, a municipat corporaiion,
hereinafter called the "City" and HABITAT FOR HUMANITY FRESNO, lNC., a
California nonprofit corporation, hereinafter called the "Transferor." Transferor
hereby agrees to transfer to the City the hereinafter described real property on
the following terms and conditions:
1. The real property which is the subject of this Agreement is situated
in the City of Fresno, County of Fresno, State of California, and may, hereinafter,
for convenience be referred to as the "Subject Property," with Assessor's Parcel
Number 329-162-18, and which is more particularly described as all of:
East 150.50 feet of the West 1206 feet of the South
120 feet of Lot 96 of Central California Colony, in the
City of Fresno, County of Fresno, State of California,
as shown on map filed in Book 2, Page 1 of Maps, in
the office of the County Recorder of said County.
And as shown on that Record of Suruey Map
recorded in Book 50, page 63 of Surveys
2. The Subject Property shall be transferred to the City at no cost to
the City, as provided herein. Transferor agrees to execute a deed in the form
attached hereto as Exhibit A.
3. Transferor represents and warrants it has the authority to make the
offer herein made, and it holds fee title to said real property and can convey the
subject property free and clear of all liens, encumbrances, and restrictions of
record.
4. lt is understood Transferor shall be responsible for the payment of
all taxes, penalties, redemptions, and costs allocable to the Subject Property and
will indemnify City for any claims and liens against the Subject Property that may
accrue prior to the transfer of title. lt is further Transferor's responsibility to apply
to the County Tax Collector for any refund or decrease in taxes which may be
granted.
5. Recording fees and documentary transfer fees for the Grant Deed
(if any), shall be paid by the City. Transferor will pay any cost to convey the title
to the Subject Property in the condition described in Paragraph 3, above.
Following recording of the Grant Deed by the City, the City shall provide
Transferor with a recorder stamped copy of the Grant Deed.
6. Miscellaneous Provisions:
a. Waiver. The waiver by either party of a breach by the other of any
provision of this Agreement shall not constitute waiver or a waiver of any
subsequent breach of either the same or a different provision of this Agreement.
No provision of this Agreement may be waived unless in writing and signed by all
parties to this Agreement. Waiver of any one provision herein shall not be
deemed to be a waiver of any other provision herein.
b. Governinq Law and Venue. This Agreement shall be governed by,
and construed and enforced in accordance with, the laws of the State of
California. Venue for purposes of the filing of any action regarding the
enforcement or interpretation of this Agreement any rights and duties hereunder
shall be in Fresno County, California.
c. Headinos. The section headings in this Agreement are for
convenience and reference only and shall not be construed or held in any way to
explain, modify or add to the interpretation or meaning of the provisions of this
Agreement.
d. Severability. The provisions of this Agreement are severable. The
invalidity, or unenforceability or any one provision in this Agreement shall not
affect the other provisions.
e. Interpretation. The parties acknowledge this Agreement in its final
form is the result of the combined efforts of the parties and, should any provision
of this Agreement be found to be ambiguous in any way, such ambiguity shall not
be resolved by construing this Agreement in favor of or against any party, but
rather by construing the terms in accordance with their generally accepted
meaning.
f. Precedence of Documents. ln the event of any conflict between the
body of this Agreement and any Exhibit or Attachment hereto, the terms and
conditions of the body of this Agreement shall control and take precedence over
the terms and conditions expressed within the Exhibit or Attachment.
g. Cumulative Remedies. No remedy or election hereunder shall be
deemed exclusive but shall, wherever possible, be cumulative with all other
remedies at law or in equity.
h. Exhibits and Attachments. Each Exhibit and Attachment
referenced herein is by such reference incorporated into and made a part of this
Agreement for all purposes.
i. Extent of Aqreement. Each party acknowledges they have read
and fully understand the contents of this Agreement. This Agreement represents
the entire and integrated agreement between the parties with respect to the
subject matter hereof and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be modified only by
written instrument duly authorized and executed by both the City and the
Transferor,
j. Additional Actions. The parties will execute such other and further
documents, and will take any other steps, necessary, helpful, or appropriate to
carry out the provisions of this Agreement.
8. Time is of the essence of each and every term, condition, and
covenant hereof.
9. lt is understood and agreed as a condition precedent hereto, this
Agreement shall have no force and effect until approved by the Council for the
City of Fresno. This Agreement shall be treated as an offer from Transferor to
City that is to remain open for one hundred and twenty (120 days) from the date
hereof, and upon its duly authorized execution within said time by the City, this
Agreement shall become a contract for the transfer of Subject Property binding
upon Transferor and City, their heirs, executors, administrators, successors in
interest, and assigns.
The parties have entered into this Agreement as of the day and the year
set forth in the opening paragraph of this Agreement.
CITY OF FRESNO HABITAT FOR HUMANITY FRESNO.
rnra corporation
HABITAT FOR HUMANITY FRESNO,
By
Bruce Rudd, City Manager
Date
Chief Assistant City Attorney
ATTEST:
YVONNE SPENCE, CMC
City Clerk
Deputy \{L{lcc_o
KBD:ns [70400ns/kbd]
Vt.rtr i n¿? -r/f I a5 Gt<.lrLL
Date
, Executive Director
?lg\rv
rer, Board President
APPROVED AS TO FORM:
Douglas T. Sloan
City Attq
Eìloltt,
Exhibit A
Grant Deed
l999rdlng nequesled By
Publicwod€ tþpanrn€nt
C¡tyof Fresr¡o
No FeeGovt Gode Sec{ions
61(B and 27983
Whcn Becorded, ttlall To:
Public Worl€ Oçattment
Cityof Fresno
26fl) Fresno Stieet
Fresno, CA. SlZ2l-9829
ATTN: Rigürt-oÊnray Section
APN 329-162-18
PW-2016-15s31
GRANT DEED
ipal
County of Fresno, State of Californi4 more ows:
See Exhibits "¡f and "8", which are attach€d and incorporaled herein
Habítat for Hurnanity Fresno, Inc.
Date
Dale
2018.ot3
PLATgT5S
L:\Flgñt-ol-uay Sectbn\DATA\parks\Akr¡y park\Grar¡t to City.doc
USE ONU
is to cediþ that the interest in real property
b accepted by lhe undersigned oilfrcers
of lhe Gity ol Fresno pußuant to
Hesolution No. 92-2194 ol sa¡d
CEffIHCATE OF ACCEPTAilCE (Counc¡t)
ln acædance wilh Sec{im Z7æ1 of üto Gore-rrnent
Codo, tds.b b aeífty üìaû the ûrterest &ì r€al cfrc|fÆ,r¡,corrqpA by ü¡¡s instn¡nent to üe Cily of Fresm, à
munifpal corpomtion, b herebry aæ€ded by ordq d |tp
Cotr¡cíl of lñ€ Ctty of Fresno rDa#æüe date heredter
on behalf of
authority
Council, adopl€d
to the recordation
Pr.Èlic Wod<s Director
ACCEPTED:
FEE TITLE ACCEPTANGE (Officer)
Cfi Manager
19& and lhe grantee oofisetìls s€l lorü and tho
údy aulhodzed oúFóer.üeroof byils dly ofricer.
]æm tlo/B¿ó. No,
d Co¡ncilOrder
CityCled(
to lhe recordalion
By:
Br
Date:
FOR ACGEPTAT{CÉ
By:
Trüe:
Date:
vefmes only
rilhich thb
orvalidtyof
before me,
I ærlifyunder PEÌ{ALIYOF PER.iJRY
Under üe huæ d tlp $ate cf Calilqn¡a
thæthe foregoirg paragraph istrþ ard
ærect
srtPs0x
Coornls¡þn t 198ll8l
lloÈr! Public - c¡lilomir
tn:no Goung
Comm. Eroin¡ Jul 27
State ol Califomia )
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OPAHINERS OUMITED
OGENEBAL
OATTOBNEY{¡ÈFACT
oTR.F¡IEE{S)
O GUARDIANS*IIP/CONSERVATOB
SIGNER ]S BEPFESENTING
!|AME OF PERSnN(S) OR ENTfTY(¡ES)
út
=IF\o¡-g
rO
J!Þao
Â,oÞ
Log No. 20/6-0/3 Drawing no. . N/tî
'3/zo/6
vefmes onv
uiñ¡cfl lhb
orvalidrty of
I certry under PEhIALTY OF
thderüe huË d lhe Sde cf Catrqner.fiaûtheforegoirg paragraph is Ùr¡e ild
æfrect
seal
State of Calilornh )
STâßEY IIIRE SIMSOT
Gormiæbn t 1905001
llolary Public - Grlllordr
Fnrno Gowlt
_ OPTIONAL SECTIO
o NDMÍ)(,AL(S)
o coRPoRATE OFFTCER(S)
lfrrE(Ð
OPARTNERS OUM.]rEO
tr GENEFAL
O ATTORNEY.IN.FACT
oTRr.riTEE(S)
O GUAFDIANÍIHIP/CONSERVATOB
SIGNER IS FEPFESENTING
rlAME OF PERÍ¡ON(S) OF ENTrY(¡ES)
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o
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ËßoÀoÞ
CERTIFICATE oF ACCEPTAI{CE (officsfl
ordance wÍlh Section 27281 ol the Govemnent
is to cedify that üro interesl in real üc4lütyg€by b accepted by üre undercigned oilficeß
OF USE ONLY
CEFTIFICATE OF (Council)ln accodarce wlth Section
Gode, üts b þ cert¡fy thd
81 ol lhe Goremment
interest h real properry
Councll of the Ctty d Fresno pursuant to
corveyed by tÌils
munftfpal corporalhn,
to üo c¡ty d Fresno, a
y æepted by order of theby Hesolution No. 92-219A of saH Comcit of th€ City made on lhe date hereafler9,1g9r2 and the grante€ corssnts 8el torlh and granloe consents to the recordation¡B ûrly authqized ofrl¡ie¡.thereol byits_ar¡lhorized officer.
m behall
ar¡lhority
Coundl, adofled
to the raoordatiori
PtÊlhWofts Dlreclor
AGGEPTED:
FEE TITLE ACCEPTANCE (Officer)
City Manager
ACCEPTANCE
q,:
Tiüe:
Date:
LogNo. 20/6-0/3 Drawing No. N/,î
l¡ern No.
dCouricilOrdel:
BV:
Br
CityCNerk
APPROVED ASTO FORM:
Atlorney
Bt:
Tlüe:
Date:z,/s 'z,o/6
4 ngtary.public. or.otherofficer completing this certificate verifies onþ
the identity of the individualwho sieined tñe document to which this '
certificate is attached, and not the [ruthfulness, accuracy or validity of
that document.
-
oPTtoNAL SECTTON
-dl
fIF
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À,ol-
-a truotvrouatls¡
tr coRPoRATE OFFTCER(S)
TITLE(S)
tr PARTNERS tr LIMITED
D GENERAL
tr ATTORNEY.IN.FACT
D TRUSTEE(S)
D GUAFDIANSHIP/CONSERVATOF
SIGNER IS BEPRESENTING
NAME OF PERSON(S) OR ENTITY(|ES)
State of California )
County of Fresno )
On
DATE
Notary Public, personally
I certtfy under PEMLTY OF,
Underthe hn¿s cf the dGalilomia
NAME(S) OF
ùnttheforegoirg
conect.
bùueand
WITNESS hand and officialseal
SIGNATURE OF NOTARY
o
lr.F.
IoÈoF
FOR CITY OF FRESNO USE ONLY
oa",3-8-E
Tille:
thereof by its duly authorized olficer.
nemNo./Reso. No. I b - Ll3
Date of CouncilOrder:
City Clerk
By: ate:,o llþ
11ñ 3¿-!.¿\ÞS¿+.r¿ÈFEE TITLE ACCEPTANGE (Ofliccr)
City Manager
Date:
By:By:
Public Woils Director
eiþì
APPROVED AS TO FORM:
FOR ACCEPTANCE:
Title: Suoervisino Enoineerino Technlcian
Date:
EXHIBIT "Æ
APN 32$,162-18
Grant Deed
gast tSO.Sò feet of the West 12Oe feet of the South 120 feet of Lot 96 of Centrat
Galifomia Colony, in the Gig of Fresno, County of Fresno, State of Catifomia, as shown
on map filed in Book 2, Page 1 of Maps, in lhe office of the Gounty Reooder of sald
County.
And as shown on that Hecord of Suruey Map recorded in Book 50, page G3 of Surveys
2016-013
PtáT3355