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HomeMy WebLinkAboutAGENDA REPORT 1999 0915 CC REG ITEM 11Ha J rreM / (. N-. CITY OF ATOORPARK, CALIFORNU City Council I1lecting of ACTION: CITY OF MOORPARK AGENDA REPORT TO: The Honorable City Council FROM: Dirk Lovett, Assistant City Engineer (Prepared by: Jim Colton, Associate Civil Engineer) DATE: August 27, 1999(CC Meeting of September 15, 1999) SUBJECT: Consider releasing Conejo Freeway Properties, Ltd., and Simi Moorpark Freeway Properties, Ltd. from recorded Improvement Agreement (No. 92- 090631). BACKGROUND On May 12, 1992 an improvement agreement was entered into between Conejo Freeway Properties, Ltd., Simi Moorpark Freeway Properties, Ltd and the City of Moorpark (attached). The agreement was put in place for the construction of improvements for a portion of the Carlsberg Specific Plan, which includes that portion of land shown in Exhibit "A" in the attached agreement. Improvements involved grading, utility, street, drainage, lighting and other improvements as shown on improvement plan drawings 92 -ML -10464 and 92 -ML- 10465. The improvements included the Mesa Verde School site, Peach Hill Road from Mesa Verde School easterly to Science Drive, along with the rough grading of a portion of Science Drive. These improvements were necessary at that time prior to the construction of Tracts 4973 and 4974, to facilitate the school's opening. DISCUSSION City Staff has inspected all work as shown on the As -Built improvement plans associated with this agreement. All improvements along with all punch list repair items have been completed and all bonds have been released for the subject work. The developer has offered for dedication those parcels of land described as and intended for 000309 Honorable City Council Improvement Agreement August 27, 1999 Page 2 of 2 streets, highways and other public uses. The developer has met all conditions of the agreement and requests that they be released from their obligations under this agreement at this time. Attached for your approval is the City Standard "Release of Covenant and Agreement ". RECODONDATION Authorize the Mayor to execute and record the attached "Release of Covenant and Agreement" releasing Conejo Freeway Properties, Ltd., and Simi Moorpark Freeway Properties, Ltd. from agreement No. 92- 090631. Cc: Project File Chron [Agn Rpt LA ave Bond 040699] 0003 t'0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Moorpark 766 Moorpark Avenue Moorpark, CA 93021 RELEASE OF COVENANT AND AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT CERTAIN COVENANT AND AGREEMENT (entitled "CITY OF MOORPARK IMPROVEMENT AGREEMENT') BY AND BETWEEN Conejo Freeway Properties, Ltd. And Simi Moorpark Freeway Properties, Ltd. ( "Developer ") and the City of Moorpark, a municipal corporation ( "City "), which Recorded May 22, 1992 as Instrument No. 92- 090631, of Official records, County of Ventura, California, affecting certain real property described therein, is hereby released and terminated. CITY OF MOORPARK, CA IM [release of agreement] Mayor: City of Moorpark 00037 1 wu3 ..-� .... � -,,, -� .i.. � �y., a... " ,,i►.., rn: si'tw� rmor ica�.�i.t"�,eOCs/� ®i� 9 .2- 090631 A. R. .UO Recording Requested by :cecordey and Return to: ')tticlal Records . City Clerk County of City of Moorpark Ventura 749 Moorpark Ave. Tfcld RD. Dean Rerecorder r Hoorpark, California 93021 '3:02am 22- May -92 ; MOOR CR 48 CITY OF MOORPANIK IMPROVEXENT AGRZEX]21I' This Improvement Agreement (here a ter "Agreement "), sade and entered into this /a day of , 19S Z, by and between Conejo Freeway Proportion, Ltd., Conejo ") and Simi Xoorpark Freeway Properties, Ltd. ("Simi"), the parties of the first part (hereinafter collectively referred to as "L,eveloper "), and City of Moorpark, a msnicipal corporation of the State of California. the party of the second part (hereinafter referred to as "City ")., WHEREAS, Developer is the owner of, and has prepared Improvement Plans, tss •3ucet1.tad in Paragraph 2 hereof, for, a portion of tho Carlstarg SPOlific Plan Araa in the city, which land includes that porticv% of land described in Etihibit "A" sttached hereto (" Improvement Area "); and WHEREAS, as a condition precedent to the approval by City of 'the Improvement Platte, Dnvaloper is required to irrevacably offer for dftdication thoso pr.rcel.s of land, as described in Exhibit "A ", intended for atroets, highways and other pLblic use; and WHEREAS, ns a condition precedent to the acceptance of said parcele of land by City, Developer is required to construct the improvements shown on the Improvement Plans; and WHEREAS, the total cost of s -.id improvaments is estimated by the City Engineer to be approximately $1.317,065 and WHLREAS, Developer desires to obtain a grading permit and, as is required by Condition 6 of the Conditions of Grading Permit Issuance, attached hereto as Exhibit "B ", has agreed to enter into this Agreement; and WHEREAS, the herein referenced Exhibits A and B shall be recorded as part of this Agreement. NOW, THEREFORZ, in consideration of the issuance of a grading permit to Developer by City, it is agreed by and between the parties hereto as frllows: lie - (k, 000 Gull! I . IF.BL- VOCAAT r o�OF' ZZ CATION ConcurrAntlY w: t'e execution of this Agr-aement, Developer shall r.):ecutu the attached Exhibit "C ", an irrevocablr� offer of dedication to Clt� 01 easenents over the therein described parcels o! lan4 inr st.eets, highways and other. public 11086. City shall bs r. notified, in �nJting, of a.ny in change ownRsF,ip of any the portion of the property irrevocably offered for dedication »i thin 14 days prior to t said property. transfer Bala or traster of Concurrently wl.th the execution nt' this Agresaent :, Developer shall also execute the attacned Ex-M bit "I► ", a subo agreament in favor of City' for all of the pruperty.rdination rdinaoeably offered for dedication tc City. 2. ..r'QH6TP'Js j'ION CF :1!FF :OVT=TA Developer, at its solo coat and expense, shall construct the street, ementsge, utreet lliht"g system anti other i�- provements ( "Improveae:,ts�) shown on th* Itproveaant Plan Drawings Nuntlered 92-ML-10464 and 91 -HL -10465 (" Improvement Plans ,,), a copy of Of the City En of City which is now on file in the office gineer and which, by this reference, is incorporated herein as though eat forth in full. Prior•to the cormenceaent of any work under this Agreement, Developer shall pay for such porrits and insDsction6 a■ may be required by city, All iraprovenents shall be constructor! in accordance with the Improvement Plans, as finally approved by the City Engineer, all applicable City standards and reg-ulations, as determined by the City Engineer, all accepted construction practices, as deteMinad by the City Engineer, and I'xhibit "s ". It no City standard or regulation eJciats for Grny regAirad item of the Improve•3ants, such Item chill be designed and constructed eonsistant vit,h the standard determined b; the City Engineer. Developer warrantu thtt the Improvement Plane, as originally submitted by Developer, accomplish the work cowered by this Agreament and accurately depict the proposed loccticn of natural. gas, domestic water, Sanitary sewer, electricity, street lighting, ;telephone, cAble television and other systems that brill serve the Improvement Arta. Ho that the parties eontemplat s that ceituin corrections and revisions to the originally submitted Improvement Plar.s may be necessary to comply with said City standards and regulations, said accepted construction practices, and Exhibit "a ". Developer shall complcte any such corrections and revisions prior to final approval of thu Icprove- ment Plans by the City En7inaer and shall conforn all previously performed work to tht finally approved Improvement Plans. -2- 00031 -0 i 1]111.1 Should the finally approved Improvement Plans prove to be inadequate to the City in any respect at any time prinr to the ,expiration of the guarantee period for any such Improvls.ant.s, than the Developer shall make such changes as are necessary to ensure, to the scatimfac:tio•.i :�f the City En ;inear, that such Improvements arb constructed in accorrdanc:n with said City standards and regulations, said accepted constrsction practices, and Exhibit "B ". 4. S=,ry uQI?Jpg Prior to the cemmsncanant of any work under this Agreetnnt, Developer shall furnish to City valid and sufficient bonds, axecuted by a corporation authorized to transact business in the Statq of California on forts approved by City and with Developer as principal, for the completion and maintenance of the Improvements in zccordance with this Agreement. The bonds shall be in conformance with the requirements of City Enginoesing Condition No. 43 of Exhibit B. Should any bond amount becom^ insufficient in the opinion of City, Developer shall renew said bond in an amount satisfactory to City within tan (10) days aftsu- receiving written tjotice from City, which notice can be given at any tisa by City. Without notice, each bond shall be renewed on a yearly basis and shall be increased an amount equivalent to the Consumer Price Index -- All Urban Consumers -- Greater Los Angeles Aran for the twelve (12) months that and three (3) sronths prior to the month in which the bond is renewed. All of the obligations of Developer under this*Ag-rae"nt uhall be vset to the satisfaction of City prior to release of all of the bonds. All premiums and costs related to provision of the bonds required by this Agraanent shall be the responsibility of Developer. Developer shall com2lete the Improvements no later than (i) eightcan (13) nor,tho fron the City Council's approval of this Agreement or (ii) the opening of the school planned for that portion of Developer "s property located between Science Drive and the property owned by the Catholic Church, whichever date occurs f irst:. The City Engine•ir or his duly authorized ropresert,.ative, upon request of Developer, shall inspect the Improvements. As each of the Improvements is deterained to have been eonstruetod in aeeoxciance vith the provisions of this a.greuaisnt, the City Engineer shall recotam4ind that City accept the final inspection report for that Improvement. -3- 0003"1 .1 .1 INI13 Developer agrees to pay for all inspection uervican P*Vform4d on behalf of Pity and for the consulting soil■ engineer hires by City for the Improvement Arta. Developer agrees that no final inspection will be made by the City Engineer until City receives full payment !;r all related City inspection services and consulting ,soils #&ngineer't services. 7. Ulu— TS2...EaU2it'`= Tit).* to, and ownership of, the easements irrevocably offered for dedication to City by Developer, as described in Paragraph 1 hereof, shill vest absolutely in City upon acceptance of such easaments by City. Acceptance of said irrevocable offer of dedication shall not be dented acceptance of the easements. .. .11 �... .r • I�.:�.Y Notwithstanding that City may hava acc4pt(id, pursuant to Paragraph 6 herso'. , tin final inspection report or, puruua.. t t � Paragraph 7 her-sot, the e.s:semetlts upon which the Zrprovement.s acre located, Developer. at it r sole 1:ost and expense, shall naint,sin orch of the laprove.ments lociited on any of t))e parcels of ?&.nd described in Exhibit "C'' in a condition satisfactory to City, until such time a.s City notifies Developer in writing that dt has accepted uaintenanco rouponuibility. At all times until t,ccaptance by City of said maintenance responsibility, Developer. shall take all 6uch preeautioni{ in may be necessary to protect all mamberu of the public who use said Improvements and the piirsor..s and property of All of those people who own or occupy land that abuts said Improvernn *_s. Developer shall hava control of the parcels of land described in Exhibit "C" as is necessary to carry out the provisions of this paragrapn. Developer shall quarrintes against defective labor and mater - i;sls each of the Improvamen.ts not subject to maintenance by City for a period of one year following acceptance by City of the fin.sl inspection report pursuant to Paragraph 6 hereof and each of the Improvements subject to maintenance by City for a period of one year following acceptance by City of maintenance respon- sibility pursuant to Paragraph 8 hereof. In the event any such Improvaments are dateriined to be defective within the tine provided herein, Developer shall repair, replace or reconstruct the defect without delay and without any cost or expense to City and shall pay all City zostu for inspection and administration related to this requirerer.t within thirty (30) days after receipt Of City's invoice. Should Developer fail to act promptly or iu accordance with the requirements of this paragraph, or should. the exigencies of the Situation require that repair, replacement or -<- 0003 ;5 13113 reconstruction work be performed before Developer can be notified, City may, at its option, make or caused to be made the necessary repair, replacement or reconstruction. Developer and its surety &hall be obligated to pay City for the actual cost of such work together with the cost of the time incurred by the City Engineer, City Attorney, Public Works Director and other City staff in connection therewith plus fifteen percent (15%) of all such costs. 10. DRAW12!GS Developer shall keep accurate records on a set of blue liners prints of all additions to, and deletions from, the work and of all changes in location, elevation and character of the work, not otherwise shoim or noted on the finally approved Improvement Plans. Prior to City': final inspection of the Improvements, Developer shall transfnr this information to a final set of "r.: bAiilts" and deliver then to the City Engineer for approval and retention. 11. =ZU_ ARRAHQP2fENTS Prior to commencement of ary work under t:iis Agreement, Developer shall fil•c with the City Engineer a written statersnt signed by r-eveloper and each public utility serving the Improvement Area, stating that Developer has made all. arrang"ents required and n�icessary to provide t11e public utility service to the Ivproven,4:1t Area. ' ?or pui;porses of this. paragraph, the term "Public utility' shall includm, but not neeessari.ly be lin.lted to, a company providing natural gas, water, never, electricity, tylephonu, or cable television service. 12- M RzE+K*'►+T_QE 1 -IONS COSTS In this event that Developer fails to perform any obligations heraiLnder, Deveeloper agree i to pay all costs and expanses incurred by City in securing performance of much obligationx, in addition to cost of suit and reasonable attorney's fees as provided by Paragraph 23.F. hereof. .1• . •. •: . Y �i y All provisions of this Agreement shall run with the lar.d and shall bo bindinq on the parties and their executors, administrators, ar,sicTns t%nd successors in interest. i •��s.••a• •i a.Y .• e Neither Develops_ nor any of Developer's officers, agents, servants or employees are or shall be considered to Lv agents of City in connection with tha performance of Developer's obligations under this .Agreement. -5- 0003 TG eaen 1 Developer shall defend with legal counsel selected by City,. indemnify and hold harmless the City and its officers, agents, servants and employees from any loss, claim or cause of action for injury, including death, to any person whomsoever and for damage to any p :roperty whatsoever resulting from, or connected with, "a performance c' th :.s Agreement, whether such performance be by Developer or any of itu officers, agents, servants or employees or by one or more persons directly or indirectly employed by, or acting in concert with, any of Devulo ?er's agatlts or servants. City does not, and shall not ba cl,enmed to, waive any rights against Developer which it may have by r•sason of -this parogra;h because of•tye acceptance by City, or the deposit with City Sly Developer, of any of the insurance policies deSC171bed in Paragraph 16 hereof. Tl:e provisions of this paragraph shall apF�ly to all injtiuiss and dnsu�yaa of e,vokry kind suffered, or alleged to have been suffered, by reason of the aforesaid performance of this Agreement, regardless of whether or not City or any or its officers, employees, servants or agents has preparod, supplied or approved of the Improvement Plaris cr inspected the Improvements and regardless of whether or not ary of tr,e insurance policies described in Paragraph 16 hereof shall have beer deterrined to be applicable to any of suc'�_injuries or dauages. Prior to the com;aencerr,nt of any work under this Agreeasent, Developer shall have obtained the following insurance coverage and insurance cer-ti:icdtes reflec`_ing coverages, approved by City as to form, amount and carrier. Each policy shall include an �sndorsaaent na2irg the City and its officers and employees and the City Engineer sand City Attorney as additional insureds. Developer shell also concurrently furnish the City satisfactory evidence that er,eh carrier will notify City in writing, at leant 30 days prior to any policy cancellation or coverage reduction. a. Gfneral (Public) Liability not less than the following mounts: $1,000,000 bodily injury, including wrongful death - each person; $5,J00,000 bodily injury - aggregate; $500,000 property damage - each occurrence; 51,000,000 property damage - aggregate. -6- 00030 4 L'- Auto (Comprehensive) Liability not less than the following anounta: .f $11000,000 bodi).y injury, including wrongful death - aach person; $S,U00,000 bodily injury - aggregate; $200, 000 profert'( damage - each occurrence; S5,000,00() property damage - aggregate. C. Workers' COuNr.an':ion Insurance+ as required by law. Insurance cotr'u*d i i,r. t1 -L ainia,ux amounts gat forth herein shall rot be construed to relieve Developer of liability in "'" -*as Of such coverage, nos +shall it preclude City frog taking actions againut Developer as are available to it undar any other. ;provision of this .�gr,iaxent or otherwise in law o.r at sKluity. Developer shell. m2intain the insurance required by this paragraph until all Ot the surety bonds required by Paragraph 4 that paragrapy. reo! have been releaved in accordance with the provisions of t 17, LJQ J1as7r. _W TH,)UT - ��_CONS= Developer shall net have the right to itasign or transfer this Agreament, or any part hereof, without the prior written consent of City. 18. NOTICE OF gRFa��I A1JD fi�ACR't' City may serve vzitte*n notice upon Developer and Da-reloper's surety of any breach of any portion of this Agreement and the default of Developer if any of the following occur: Developer refuses or fails to obtain work, or any severable par': thereof, withesuchon of the diligence as will inuure its completion within the time specified, or fails to obtain completion of said work within such time; Developer is adjudged a bankrupt; Developer makes a gune+ral zssigmmOnt for the benefit of Developer's creditors; a receiver is appointed in the avant of Developer's insolvency; or Developer, or any of Caveloper's officers, agents, servants or amployeas should violate any of the provisions of this A graament. 19. �8� - s�a�>3F.�tiELJT' PERFORaurg- JX_VB� ►t OR QU In the event notice .s given as specified in Paragraph 18, Developer's sucsty ulia11 ha'ia the duty to take over and conpint•s the Improvanents in accorda;tr.•* wit}, all of the pznvision.t+ of this 1�Qri,esent; piovidad, however, _hat if the tiuret within fiv4a days after. the serving upon it of such notice, do�3s not give City written notice of its intention to uo take over and coaplats the Improveaan:rt or dolts not commence the performance thereof within -7- 0003,16-3 1]4111 twenty (20) days after notice to City of such election, City may taxe aver the work and pro- .er_ute the Isprovements to completion, by contract or by any other method City may deem advisable. In . such event, City, without any liability for so doing, nosy take possession of, a.nd utilize in completing Use IapY-ovements, such materials, tools, equipment and other property belonging to Developer as slay be on the s:te of the work and necessary the.r-ef ore . Dnvelopisr ana its surety shall be obligated to pay City the actual coot of such work together with th' i cost of tb" time incurred by the City 1!nc;inoer, City Attorney, Public Works Director and other City staff. ::n connection therevith plus fifteen parcent (154) of all such costs. The rig'its of City provided by this paragraph are in addition to anc! cumulative to any and all other rights of City as provided by law or &Tuity, and any election by City to proceed pursuant to the provisions of paragraphs 18 or 19 hereof shall not be construed as being in lieu of any tither such ricPubs 20. LLLE CT O.Ly&LM No waiver of any provision of t1:is agreement shall be deaaed, or shall constitute, a waiver of any other provision, whether or not siuilar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. 110 waiver shall bn bincling, unless executed in writing by the party zakinq the waiver. 21. npa a 1C Unless otherwise provided, all notices or other documents herein required rhall be in writing and shall be delivered in person or by mail. Notices shall be deemed delivered and received upon receipt by pwrsonal service or upon deposit in the United States mail, certified or registered, return receipt requested with postage prepaid. Any party may change its address by notice in writing to thy. other party and thereafter notices shall be addressed and transmitted to the new address. Unless ot.harwise changed, notices required to be Riven to City shall be addressed as follows: City Clerk City of Moorpark 799 Moorpark Ave. Moorpark, California 93021. Unlaus otherwise changed, notices required to be given to Developer shall be addr.ensLod as follows: LAND RESEARCHERS INC. 28JO 28th Street, Suite 200 Santa Monica, Calif. 90405 t.ttn: Ronald S. Tankersley -8- 0003'79 13410 Conijo and Simi shall be jointly and severally obligated to perform the obligations of Developer under this Agreement. In addition to the obligations of Developer described elsewhere in this Agreement, Developer shall make each required payment to City within ten (10) days after receipt of City's written invoice. 23. HISAL MM2 A. This Agreement constituteo the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except ky a writing expressly purporting to be an amendment, signed and acknowledged by t:.he,parties hereto. B. City's frilurn to perform its obligations under this Agreement shall not constitute a default url -r this Agreement if the non - performance in too result of a court order. Dnve.loper's obligations under this Agreement ahall be abated during the period of such court order. C. The position taken by City in any litigation brought by City agA nst, or against City by, a third party shall not constitute a default under this Agreement, irras.pective of tht► fact that City's position ma.f be advntse to Developnr's rights under taAa J,greezent, D. This Agreement is made, entered into. and executed in Ventura c'o"nty, California, and any court action arisiig from this Aqrenment uhall W filed in thn applicable court in Ventura County, California. Z. Snould interpretation of this Agreement, or any portion Wereof. be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally and shall not be interpreted against either party on the ground that the party prepared the Agreement or caus6d it to be prepared. F. In the uvent any action, suit or procueding is brought for the enforcement or declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs of suit and reasonable attorney's fees from the losing party, and any judgement or decree rendered in such a proceeding shall include such an award. G. If any term, covenant, condition or provision of this Agreement is found by a court of competent jurisdictinn to be invalid, void or unenforceable, the remainder of this Agrees+en`. -9- 000380 shall nor.r_theless rema'.n in fu71 force and effect to the full extent allowed by law. IN WI:'NESS THEREOF, the parties hereto have Executed this Agreuaent as of the day and year first above written. CITY CF MOORPARK i �1Y o .auI W. Y rason Jr. Mayor ATTEST: Lillian Kellerman City Clerk CCNEJO FREEWAY PROPERTIES. LTE. 2800 28th St•-eet, Suite 200 Santa Monica, CA 90405 by: LAND RESEARCHERS, INC. general partner Ronald ankers ey, Pre t L S-f9ro H. Desoi, Secretary SIMI MOORPARK FREEWAY PROPERTIES, LTD. 2800 28th Street, Suite 200 Santa Monica, CA 90405 by: LAND P.ESEARCHERS, INC. general partner Ronald S. Tankersley, Prt,sidejnt SS 11 H. Desoi, Secretary 10 000381 IL E a a n I tl E 4L n s n STATE OF CALIFORNIA COUNTY OF I, o s A n g e l re s SS TITLE INSUltt"Ca On ha he Sth a 5110 agate. Penoru11y kpered Ronald y S. Tank e r stl e y t »lore me. the lrwds.spned, ►�tery pt ;� and PersonMy knaen b Ird - prayed to me on the hy,q rA satr5t6C vy ovderno, b be the person wflo W=erm*d the w+Rrn rave I pesorW Atrn b rty a pres4ent. and S i g r i d H. D e s o i its lww b rrn on fha basis of sabslecYOry e+nderxe b be the Person wtio jreaAod tlwe wrewn wm W'wtl u If» Senetn,y 01 L a n d Researchers, Inc, P X) Ix rep'" that FOR NOTARY SEAL OR STAFMw • r towed he wrtwrn ewaf rurrlpnt on bet+&' to Simi MOO t par k Freeway Properties, 1.tcJ, the Pert• ^a` �w4 Asl •rotated M wAwn v1%bu wN. Ywd adcr4.*,jwd to mf Cw117 stxl+ CC- Paa+on •aarMnd me same ,6s 5141, Panr.tr awd met k+Ch Pw+a shq •.waged the same WTTNESS rV hand and offic M Nat Gail Coleman tis� `i��t, off• Sgvtwn b.+ Or,- tC:1 A L SE AL GAIL COLEMAN t,:'fALI r A. ; • 'AV.ORI41A �+ LOS 1fiY ' Id i � ggaw tat "1. 1111 STATE Of CALIFORNIA ® R_f" ` ; Y roue CIF Los Angeles � SS On Vwe Cne S t h dny of May 199, . belore me, me u dwsyned. a Nobly PuOGC in and for 11,64 Sole, perso -ky apse ared Ronald 3. Tankersley pwsoruty krno..n to me or proved to me on Uwe ba n of sattsfaoory ewd&n to be uv gw qw who eteoiJted rte wrhn rwstn.+nermt as jw Prewwd. and Sigrid H. D e s o i pers nay known b me or proved to me on me buss d satntaaory evderv_v to be the porwn to esemw ow w"hn wvwrws A as the Seorewy o1 L a n d Researchers, Inc. p,raporatenm,6t 9reQAed fm pro - na7rurn" on Dewy, of C O N E. O F H E E H A Y PP.OPERTIES, LrD. the part. rwanfwq hat ewaAad ry w+dwn nstnnwent, and a41n�..letlged b nwe mat eudt corporac m •reaAed ho up* as wch pe Vw nd that j Puck p&Vwvhq u,6oAW Ow same WrrNESS my hard and official sw IGgiI Coleman Z, - `J•- :a�rr�� Sgnature FOR NOTARY SEAL OR 3TAhW OF L L GAIL COLEMAN (Q Los &Kr rs arxrY itr aan sfaYw LM b. PIM �ay..v- av�tq•t� 00038 334113. Jr Instructions: If the Developer is a corporation, the agreement must be executed in the corporate nazi and signed by the President or Vice President and the Secretary or lutsistant Secretary, and the Corporate Seal affixed. If the Developer is an individual doing business under a fictitious name, it must be signed by all personm having an interest: in the business, and the fictitious name must also be signed. +In all cgs, the signature on behalf of the Developer must be notarized. -11- 000383 a w a ti . i t IWOO" RK MAOM SCI IOOL p CAPIAM O t u3vn L173 73 576,197 f 0 TIIRRA R2JADA ROAD 0 PH[PARED CY. RAL:2tyjjt A A{P.00IATII, INC.