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HomeMy WebLinkAbout92-253 . .' 11 . '},o) . \' {tl . JNDEXED '. ~- 1 $aiCkutU.iittu :::92- 45396 BK 209+ PG 944- OFFICIAL RECORDS OF MOHAVE COUNTY AI. *JOAH McCALL, MOHAVE COUNTY RECORDER* 08/19/92 12:50 P.M. PAGE 1 OF 17 HOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 He RESOLUTION 92-253 A RESOLUTION SETTING FORTH CONDITIONAL APPROVAL OF A REQUEST FOR REVERSION TO ACREAGE FOR MOUNTAIN SIDE RANCH, TRACT 4106-A, A SUBDIVISION OF SECTION 6, TOWNSHIP 18 NORTH, RANGE 21 WEST, LOCATED IN THE SOUTH MORAVE VALLEY AREA, MORAVE COUNTY, ARIZONA WHEREAS, at the special meeting of the Mohave County Board of Supervisors held on August 17, 1992, a public hearing was conducted to determine whether approval should be granted to Mohave Communities Limited Partnership, dba Homes by Dave Brown, for reversion to acreage for Mountain Side Ranch, Tract 410G-A, and WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on June 1, 1992, this request was referred back to the Planning and Zoning Commission for further review, and WHEREAS, this request is a portion of Section G, Township 18 North, Range 21 West, Gila & Salt River Base & Meridian, which is located roughly five (5) miles south of the Bullhead City corporate limits and two (2) miles east of Highway 95, on Boundary Cone Road, on the north side of the highway, and .. . . Resolution No. 92-253 Page 2 WHEREAS, based on receipt of a written request from the owner, represented by Walter W. Venberg, President of Mohave Communities Limited Partnership, dba Homes by Dave Brown, and accompanied by a petition signed by ten (10) resident taxpayers of Mohave County, requesting the abandonment (reversion to acreage) of lots, parcels and specified easements of Mountainside Ranch by Dave Brown, Tract 410G-A, as recorded on December 18, 1990, at Reception number 90-85307 in the Mohave County Recorder's office, and WHEREAS, in accordance with the Mohave County Subdivision Regulations, Section 1.12-1 Abandonment (Reversion to Acreaqe): If If no lots in a subdivision for which a final map has been approved and recorded have been sold within three (3) years from the date of recordation, and if all of the improvements have not been made within three (3) years from the date of recordation or pursuant to the date referred to in Article 5.4 (ARTICLE V - Assurance for Completion of Improvements Default] of these Regulations, the Board may on its own motion, hold a public hearing after notice, to determine whether the approval of such Final Map should be revoked. ...", and 1 WHEREAS, no improvements have been made by the developer pursuant to the requirements of Board Resolution No. 90-254 on the site to be abandoned, and PAGE 2 OF 17 BK 2094 PG 945 (FEE~92-453~~) . . Resolution No. 92-253 Page 3 WHEREAS, the petition submitted includes abandonment (reversion to acreage) for the following: 1. Block 1, Lots 1-20; Block 2, Lots 1-20; Block 3, Lots 1-30; Block 15, Lots 18-24; Block 16, Lots 9, 10 & 11 2. Parcels A-E; K-N; and P-U 3. The following easements be extinguished: All P. U. E. (Public Utility Easements) established by this map; all P.L.E. (Public Landscaping Easements) and all V.N.A.E.. (Vehicle Non-Access Easements) . WHEREAS, a separate and accompanying request and petition have been received for abandonment of dedicated street rights-of- ..' '", way, the action on which will occur concurrently and in 1.'"0' .' coordination with this action (exempted abandonments will be listed in that respective action), and WHEREAS, Walter W. Venberg did make the following representations: (See Exhibit "A"] "(1) There are no existing sales to individual lot buyers. (2) As owner we have officially suspended our Arizona Department of Real Estate Public Report and will not offer individual lots for sale in the future." (See Consent to Suspend Attached). "(3) Petition to abandon roadways has been submitted", and WHEREAS, Mr. Venberg requested, that the Board in their action to revocate the Board of Supervisors approval for Tract PAGE 3 OF 17 BK 2094 PG 946 (FEEt92-~5396) . . Resolution No. 92-253 Page 4 410G-A, "that the resolution further provide that the 410G-A plat, accompanying material and associated engineering documents remain as approved by the Board and subject plat resubmittal and to recording in the future based upon stipulations included in the Mohave County Board of Supervisors Board Resolution No. 90- 254", and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on July 8, 1992, the Commission recommended conditional APPROVAL of the requested reversion to acreage with the applicant understanding and accepting the t-- ..., following conditions: 1. That the tract remain an approved final as set forth in the Board of Supervisor Resolution No. 90-254; 2. That the Planning and Zoning Commission received, reviewed and concurred with the request and their concurrence is included in this Recommendation; 3. That the zoning shall revert to A-R (Agricultural- Residential) from SD (Special Development) zoning as defined in the Mohave County Board of Supervisors Resolution No. 90-114, and that Resolution No. 90-114 shall remain in effect; 4. That the Board of Supervisors adopt a Resolution and instruct the Clerk of the Board to record this abandonment simultaneously with the recordation of the Board of Supervisors Resolution which abandons certain road rights-of-way within the referenced tract; 5 . That the Board of Supervisors instruct the Recorder to place the reference of this Resolution on the recorded map of Tract 4106-A; " G. That it is understood that construction of drainage easements approved with Tract 4106-A are a prerequisite before any other phases of Tract 410G may be recorded as set forth in the approval of Tract 4106-A via Board of Supervisor Resolution No. 90-25~GE 4 OF 17 BK 209~ PG 947 (FEE~92-4539&) . . Resolution No. 92-253 Page 5 WHEREAS, the notice of hearing was published in the Kingman Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, on July 18 and 25, 1992, and in the Mohave Valley Daily News, and posted July 17, 1992 as required by Arizona Revised Statutes, and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, August 3, 1992 continued this request, at the applicants request, to the Board's special meeting on Monday, August 17, 1992, and NOW THEREFORE BE IT FURTHER RESOLVED, that the Board of Supervisors, at their special meeting on Monday, August 17, 1992, approved this request for reversion to acreage for referenced Tract 4106-A as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MORAVE COUNTY BOARD OF SUPERVISORS "Yr';'" ~.~. . z-: . bo:I.-S-~ aro,-eha-XrmB:ft---- Pat Holt, Vice Chairman A, B, C, D, E PAGE 5 OF 17 BK 2094 PG 948 (FEE~92-~5396) Ie \ HOMES BY DAVE BROWN \. . 2164 EAST BROADWAY ROAD SUITE 300 · TEMPE. ARIZONA 85282 602/921-1400 · FAX 921-0545 May 15, 1992 Ms. Lois Hubbard BOARD OF SUPERVISORS MOHA VE COUNTY P.O. Box 7000 809 E. Beale, suite 200 Kingman, AZ 86402-7000 PAGE 6 OF 17 BK 2094 PG 949 (FEE~92-+5396) RE: MOUNTAINSIDE RANCH BY DAVE BROWN TRACT 4106-A Dear Ms. Hubbard: Please consider this letter to be the official request by Mohave Communities Limited Partnership, dba Homes by Dave Brown to have the Board of Supervisors, at their meeting scheduled for 10:00 AM on May 20, 1992, approve a resolution revoking the above plat of subdivision and causing the property to revert to acreage and to return the original Letter of Assurance posted with the County. We request the resolution further provide that the 4106-A plat and associated engineering remain approved by the Board and subject to re-recording in the future based~upon our compliance with stipula- tions already approved by the' Board. We request the resolution also provide for the execution by the County of the attached agree- ment for the "Release of Assurance for Subdivision Improvement" the language of which has been reviewed and approved by the County Attorney's Office. In connection with this request we make the following represen- tations: (1) There are no existing sales to individual lot buyers. (2) As owner we have Officially suspended our Arizona Department of Real Estate Public Report and will not offer individual lots for sale in the future. (See Consent to Suspend attached). ~\ (3) We will submit petitions to abandon roadways and easements as requested. In addition to of the Board period of twelve , the above it is our intent at a subsequent meeting to seek an extension to the Preliminary Plan for a months for the entire Mountainside Ranch project. 'A 1/ EXHIBIT NO.5 92-252 a family traditWn ~2-253 ~ RES. AND. . \ . o Ms. Lois Hubbard MOHAVE COUNTY BOARD OF SUPERVISORS May 15, 1992 Page 2 If there is any additional information needed on this matter please contact the undersigned. We will have a representative present at the meeting to answer questions. Sincerely, MOHAVE COMMUNITIES LIMITED PARTNERSHIP, an Arizona limited partnership, d/b/a HOMES BY DAVE ~PWN l~~//' By: ~// 1..1. t Walter W. Venber Its: President WWV:skg Attachments cc: David J. Grisez, P.E. County Manager Jim Neblett, Director of Planning & Zoning Bruce A. MacArthur Deputy County Attorney , . ,. -.") ~~ PAGE 7 OF 17 BK 2094 PG 950 (FEEt92-45396) -. ~-1 " . . '-..; MICROFIlMED lNDEXm ::=90- 0.6573 BK 1793 PG 31l OFFICIAL RE.CORDS OF nOHF\\JE. C-OUMTI, A2 *JOAH McC~LL, nOHAVE COUNTY RECORDER- 09/18/90 1:~5 P.M. PAGE 1 OF 5 EOS RECORDIHG FEE 0_00 IK RESOLUTION NO. 90-254 A RESOLUTION SETTING FORTH APPROVAL OF A FINAL SUBDIVISION PLAN FOR MOUNTAIN SIDE RANCH, TRACT 4106-A, A SUBDIVISION OF SECTION 6, TOWNSHIP IS NORTH, RANGE 2l WEST, GILA & SALT RIVER BASE & MERIDIAN, LOCATED IN THE SOUTH MORAVE VALLEY AREA, MORAVE COUNTY, ARIZONA WHEREAS, at the special meeting of the Mohave County Board of Supervisors held on September 17, 1990, a public hearing was conducted to determine the final subdivision plan, for Mountain Side Ranch, Tract 410G-A located in the South Mohave Valley area, and WHEREAS, the owner/subdivid~~ of this tract is Homes by Dave Brown, An Arizona General Partnership. The engineer of record on this project is Holland West, Inc., 6920 South Holly Circle, Suite 100, Englewood, Colorado 80112, and PAGE 8 OF 17 BK 209~ PG 951 (FEEt92-4539&) WHEREAS , reviews have been received from the County Engineer/Floodplain Administrator, Mohave County Health Department, Bermuda Water Company, Inc., Bullhead City, the Arizona Department of Transportation, the Fort Mojave Mesa Fire Department, El Paso Natural Gas Company, the Fort Mojave Indian Tribe and considered or incorporated in' ,the evaluation of this final tract, and EXHIBIT "8 i'i' RES. NO.5 AND 92-252 92- 253 . . '-..J , rtGE. . 2 OF S BK 1793 PG 311 (FEE~90- 66573) Resolution No. 90-254 Page 2 WHEREAS, this subdivision is located roughly five (5) miles south of the Bullhead City corporate limits and two (2) miles east of Highway 95, on Boundary Cone Road, and WHEREAS , the to primary access this residential lot subdivision is intended from Boundary Cone Road and Bison Road, and WHEREAS, sewage disposal is intended to be taken care of through an agreement with the Fort Mojave Tribe to use their sewage disposal facilities, and WHEREAS, the approval of this subdivision is based on the understanding of the Board of Supervisors that all streets within ~: the subdivision will be constructed and paved with asphaltic concrete in accordance with standard specification #171, but in no case shall it be less than Mohave County Standards; the streets will include curb and gutter on the interior streets, the paving of Bison Road shall straddle the center line of right-of- way of each roadway; grading and drainage related improvements will be made as recommended by the design engineer in the drainage reports; arrangements will be made to extend underground electric and telephone service to each lot in accordance with 1 Arizona Corporation Commission Regulations; all lots and street centerline monuments will be staked and monumented in accordance PAGE 9 OF 17 BK 2094 PG 952 CFEEt92-45396) . . :;] . AGE 3 OF 5 BK 1793 PG 312 (FEE~90- 66573) Resolution No. 90-254 Page 3 with standard specification No. 102; fire hydrants will be provided at locations prescribed by the Fort Mojave Mesa Fire Department; street name and regulatory signs will be installed in accordance with the requirements of the Mohave County Subdivision Regulations and as recommended by the design engineer and as a condition of approval the owner/subdivider is responsible for the completion of improvements and shall provide an assurance for all required subdivision improvements in accordance with Article V of the Subdivision Regulations, and WHEREAS, Mohave County has not required that Arizona Department of Environmental Quality approvals be obtained for the water and sewer systems prior to recording the final subdivision plat. The assurances cover the cost of installing these site improvements' and Certificates of Approval to Construct must be obtained prior to initiation construction of these systems, and NOW THEREFORE BE IT RESOLVED, that the Board approves the said final plan conditional to the following: 1. The developer will make the same commitments for improvements in the prospectus to the State Real Estate Commission as is required for approval of this tract by the Board; 2 . Arizona Department of the water and sewer subdivision; Environmental Quality system installation approves for this " 3. The water system will provide adequate flows for fire protection. F ire hydrants conforming to the minimum County standards shall be provided and located no more PAGE 10 OF 17 BK 2094 PG 953 (fEE092-45396) - " '-J 6 . 7 . 8 . 9 . 'R II. 12. . . _t'AGt: ~ or 5 BK 1793 PG 313 (FEE~90- 66573) Resolution No. 90-254 Page 4 than seven hundred and fifty (750') feet apart end/or fire hydrants acceptable to the Fort Mojave Mesa Fire Department at the location they prescribe; 4. The owner/subdivider shall cause the drainage related improvements to be completed as recommended by the project engineer and outlined in the detailed drainage report as approved by the Staff; a grading plan shall be provided as a part of the improvements plans for this subdivision; 5. The owner shall obtain the matching right-of-way for Bison Road and provide it to the Board in an acceptable format prior to recording the final plat for Tract 4106-A; The owner shall include the construction of Parcel E within the boundaries of this Tract 4106-A as set forth in Board Resolution 90-113, as well as provide adequate bank protection plans for parcel E and K. All drainage control facilities (streets, detention, channels and culverts) designs shall be approved by Staff prior to the recordation of this final plat; Public utility easements and drainage easements shall be depicted on or across all lots where determined by the design and they shall be properly noted in the dedication statement on' the final plat; The FEMA designated floodplain shall be depicted and/or noted on the final plat; The final plat for Tract 410G-A including the Dedication will need to be properly executed and]OI.= ratified EY all parties having any record title interest in the land being subdivided and included on this subdivision boundary( The owner/subdivider shall obtain a report from the Arizona Department of Water Resources indicating that the water supply has been found to be adequate to meet the needs of this subdivision prior to recording the final plat; An assurance and/or surety shall be provided in the amount of the approved cost estimate for all required site improvements; There are several concerns noted in review comments which are ministerial the final in nature staff which PAGE 11 OF 17 BK 2094 PG 954 <FEEt92-4S396) . . '-J _"'~'cr c: nc C' t "\Ie.- " v, ~ BK 1793 PG 31~ (FEE:90- 66573) Resolution No. 90-254 Page 5 must be cleared up to the staffs satisfaction prior to the recordation of this final plat for Tract 4106-A. The Director of Planning and Zoning shall verify the completion of these items prior to presenting the plat to the Chairman of the Board for signature. NOW THEREFORE BE IT FURTHER RESOLVED, upon receipt of or evidence that these conditions have been met together with the executed rnylars and appropriate recording fees, the Director of Planning and Zoning will obtain the necessary signatures from the County Departments and officials and cause the final plat to be recorded, and ~ -~ NOW THEREFORE BE IT FURTHER RESOLVED, that notice of hearing has been met and published throughout this subdivision process and the public was afforded notice of this final action through advertisement of the Board of Supervisor's Meeting for this date. MORAVE COUNTY BOARD OF SUPERVISORS .,' Loiszr~anl-Lft.L~ PAGE 12 OF 17 BK 2094 PG 955 (FEEt92-4539&) " " '. ( \p . . I STATE OF ARIZONA DEPARTMENT OF REAL ESTATE 2 3 ) ) ) ) ) ) Respondent ) CONSENT TO SUSPEND LOT SALES WITHIN MOUNTAINSIDE RANCH BY DAVE BROWN TRACT NO. 4106-A REFERENCE NO. 91-00072 4 MOHAVE COMMUNITIES LIMITED PARTNERSHIP dba HOMES BY DAVE BROWN 5 6 7 Respondent admits that public report dated August 6, 1991 8 under Reference No. 91-00072 is no longer valid and can no longer 9 be used in the sale or lease or offer to sell or lease of 10 property (the sales offering)_ II THEREFORE, Respondent hereby agrees to suspend the sales 12 offering previously authorized by the subject public'report 13 -until: 14 L 2. 15 The public report is amended and made valid; or A new public report..:is issued, in accordance with the provisions of A.R.S. 532-2184. 16 17 Agreed to: Mohave Commu B : Mohave ~ 1 May 1992 (Date) 19 18 ities Limited Partnership. dba Homes by Dave Brown unities Cor oration, Its~ Managi~g Partner ondent) By 20 Walter W. Venb r , President 21 22 Accepted: 23 PAGE 13 OF 17 BK 2094 PG 956 (FEE.92~5396) Arizona Department of Real Estate 24 By (Date) 2S 26 "c " EXHIBIT RES. NO.5 92-2,52 AN)) 92.,253 FIFE SYMINGTON GOVERNOR \, . . ..JERRY A. HOLT COMMISSIONER ( Acting) 202 E_ EARLL DRIVE SUITE 400 lOENIX. ARIZONA 85012 (602) 279-2909 ~hrle of Arizomr lleprnment of 'Real 'fghrle 5099 E. GRANT ROAD SUITE 121 TUCSON. ARIZONA 85712 (602) 628-5323 April 30, 1992 R E(.... r- \' ,~- ~' ,. < ., .: <-, ~2 \-,t:.,Vc..~ ~:i,; .. , \..;,::. ~Id 6~/-1;;: , C/()l~d (1u~ CERTIFIED RETURN RECEIPT REQUESTED Walter W. Venberg MOHAVE COMMUNITIES LIMITED PARTNERSHIP Suite 300 2164 East Broadway Tempe, Arizona 85282 RE: Mountainside Ranch By Dave Brown Tract No. 4106-A aka Mountainside Ranch By Dave Brown Dear Mr. Venberg: " I have received your fax copy dated April 28, 1992 agreeing to formally suspend all sales in the above subdivision. Therefore, please complete and return to me the enclosed voluntary consent form to cease further sales until you have obtained an amended public report. , ....-\ Please contact me directly should you have any questions. John Rothermel Real Estate Representative ..' " ~ "% ~ ~ ..J (\) ~ <l: '- ~ Ll1 ~ ---- ~ 0 .,., q] o ~~ fTl w>< E - ~:e ,,~ i";;'~l 0 ~>- LI1 -0 ~ C, ~ Jl a:~~Q; ~ o'~ ~ w......"" ::> '" -0 '" Jl >20 <1> o~ g'O '" \!- U 85 a: '" c- u. a:~~ QJ '" .- '" ~o -0 I \ '" u. ~o 0 o~ c ",-- 20 a: <1> '" >- 0", .. 0;::00<.1) '. u. 0; ~- ~~ ,.-'l ~'" ~'" '" n; \ l1..~::- ~ >- ~ 0.0 (iu '" ~ ,,-<\, a- I- :!; 0 -::>:- 0; c; .- -0 .. ~ --0 ::;..: v; '" 0 "'c 0..0 '" '" g", "'-0 0 - z U. -0 n. ~ a. w 0 '" O:E O:c " '" -0 ~ c" .J ~ 0 '" 1 n; co ..: W .. U -~ ?cU .... v; i: '" v; 2~ 'CU;o 0 0 a: 0 ... a. '" "'0 0:0 .... n. n. u (J) 0: 0:_ sa6L <lune 'ooac WJ03 ~ PAGE: 14 OF 17. BK 2094 PG 957 (FEEt92-4S3lJ&) JR: jmb Enclosure EXHIBIT D ReS. HO.5 92-2~2 AND 92.-253 : \, . . <..) RELEASE OF ASSURANCE FOR SUBDIVISION IMPROVEMENTS DATE: May ]JJ , PAGE 15 OF 17 BK 2094 PG 958 (FEEt92-45396) 1992 PARTIES: MOHAVE COMMUNITIES LIMITED PARTNERSHIP, an Arizona limited partnership, d/b/a HOMES BY DAVE BROWN (the "Developer"); THE VALLEY NATIONAL BANK OF ARIZONA, a national banking association (the "Bank"); MORAVE COUNTY, ARIZONA (the "County") R E C I TAL S The Bank and the Developer have previously furnished their Agreement entitled "Assurance for Subdivision Improvements.' dated December 7, 1990 (the "Assurance"), a copy of which is attached hereto as Exhibit "A" and by this reference incorporated herewith. The subdivision for which the Assurance was issued is commonly known as Mountainside Ranch by Dave Brown, Mohave County Tract No. 4106 (the "Project"). The parties agree that the Developer has not commenced development of the improvements as described in the Assurance. Developer has graded a portion of the Lots and installed an entrance monument, however, none of those improvements were included within the improvements for which the Assurance was issued; The parties acknowledge that the purpose of the Assurance was to assure the completion of the improvements following their commencement by the Developer; The parties acknowledg~ that in light of the Developer's decision to cease sales operations, withdraw its real estate 'report and not to proceed with the improvements, the Assurance is no longer required. The parties further acknowledge that no lots within the sub- division have been sold as of the date of this agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Release of the Assurance. Concurrent with the execution hereof, the County hereby releases the Bank and the Developer from the Assurance. The County agrees to deliver the original Assurance to the Bank and agrees that from and after the date hereof, the Assurance shall be treated as rescinded, terminated and no longer of any force or effect. 2. Cessation of Sales Activity. Developer represents that all sales activities on the Project have ceased, as evidenced by the letter annexed as Exhibit "B" to the State Dept. of Real Estate withdrawing the Subdivision Public Report. Developer agrees that no sales will be made to the public of the Lots comprising the Project prior to Developer obtaining anotner Public Report from the Department of Real Estate and posting ,an ~ppropriate assurance. " il EXHIBIT E fES. NO.S 92...252 API)) 92--2~3 -. . ,. ( '-.) PAGE 16 OF 17 BK 2094 PG 959 (FEEt92-45396) 3. Hi~Q.l1an~Q~.: (a) SQverabili ty. If any provision of this AgrQement is declared void or unenforceable, such provi!9ion shall be deemed severed ~rom thiQ Agreement, and all other provisions hereof shall otherwif.ie remain in full force and effe.ct, as if .such void or un~nforceablc provision were not a part hereof. "., (b) Additional Acts and Documants. Each party hereto agrees to do all such things and take all such necessary actions, and to make, QXQcute and dQliver such other documents and instruments a~ may be reasonably requested to carry out the provisiors, intent and purposes of thilS Agreement. . (0) Authority. Each of the parties hereto represents and warrants to each other party hereto that this Agreement has been duly authorized by all necgQQary actions, that this AgreemGnt constitutes and will constitute a binding obligation of each such party, and that this: Agreement has bean (and each instrument delivergd hereunder, wh~n so delivered, will have been) duly and validly executed on behalf of such party. (d) Attorneys' FQcs. In the evant any litigation arising under this Agreement, or as a result of the breach ot any representation or warranty contained herein, the prevailing party therein shall be entitled to have included in any judgment or decree, its reasonable attorneys' fees, costs and interestth&reon at the highest rate allowabl~ by law. (e) Counterparts. This Agreement may be executed in any number or counterparts, all such counterparts shall be deemed to constitute one and the same instrUment, and each such count~rpart shall be daamQd an original hereof. (f) Integration Clause/Oral Modification. ThilS AgreemGnt represents the entire agreement between the parties with respect to the subjQct matter hereof, and all agreements entQrQd into prior hereto (unless exprasQly provided) with respect to thQ subject matter hereof are revoked and supGrsQded by this Agreement, and no rapresantationg, warrantie~, inducement~ or oral agrQQments hava been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. This AgrGetnGnt may not be changed, modifiGd or rescinded, except in writing, signed by all parties hereto, and"any attempt at oral modification of this Agre~ent shall be void and of no force and e~~ect. (g) Captions. Captions and paragraph headings as used hQrein are for convenienoe only and are not a part of this Agreement and ''I shall not be dGQmQd to limit or alter any provision hereof and shall not be deemed relevant in construing"this Agreement. (h) Governing Law. This Agre~m.nt shall be deamed to be made under, and shall be construed and enforced in accordance with the 9 ., '. \, . , . ... " : '-J laws of thQ state of Arizona now or hereafter in effect, and any suit to enforce any provision ot this Agreement or obtain any remedy with respect hereto may be brought in Mohave County Superior Court, with each party irrevocably consenting to the jurisdiction of said court. (i) Interpretations. To the extent permitted by the context in which us~d, (i) word~ in the singular shall include the plural, (ii) warde in the masculine shall include the feminina and nautQr, and vice versa, and (iii) ret'~r~nC4iilfiil to ltpliilr&OnSl" or "partiQs" in this Agreement shall be d.QlIled to refer to natural persons:, corporations, partnerships, trusts and all other~entities. This Agreement is the product of negotiations between Buyer and Seller and its terms and condition's shall not be construed against either party hereto. (j) Third Parties. This Agreement shall be for the sole and exclusive benefit of thQ parties hereto and shall not be construed to confer any right upon any third party, unlQ~g QxprQ~gly ~tatQd he.rein. IN WITNESS WHEREOF, the parti~& havQ QXQcutQd thig AgrQ~Qnt as of thQ day and year first above written. By, L.0 '-;;? - '- /~~:./ -/- ~o ?6.J/~:::'?7' 111/k/ M:~~')/-f. 6'C-7.-;71.. ..,/ I} )ly""c:,,- MOHAVE COMMUNITIES LIMITED PARTNERSHIP I a.. Arizona limi tad partnership, .. d/b/a HOMES BY DAVE BROWN BY: f!/}1/1j~) I~~<ci THE VALLEY NATIJNAL BANK OF ARIZONA, a national banking association ~.: ":7..\ By: ::::r;~---7' 'l/~#c~ c/ / . ARIZONA MORAVE COUNTY, ATTEST By: (fitl>t",:at Ii &a{j&:,----- Barbara Bracken, Deputy Clerk g:\dea\work\aa~urance.rel PAGE 17 OF 17 BK 209~ PG 960 (FEEt92-45396)