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HomeMy WebLinkAboutHabitat For Humanity Fresno - Agmt for Transfer of Real Property for APN 329-162-18#lb- z\3 zlzs I lu 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 ) -OPTK' o@RPOßATEOFF|GEB(S) TfltE(E 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) o5f,!ì-\oÀoF o =J 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 Io 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