HomeMy WebLinkAbout92-252
.f\
\
~.
GD~
.
5 lliQ. 7
,~;:-." =1:92- 45395 BK 209., PG 927
~;~, '~:-.".'--.~.,'",'-,,~,~,~',~', , OFFICIAL RECORDS OF MOHAVE COUHYY AI.
:iJ:;"<<'.~:,,:,,:~,":./f:!:\\ *JOAN I1;CAL~, MOHAVE COUNTY RECORDER*
d ~..... J.~ "i;'~\ 08/19/9.... 12.50 P.I'l. PAGE 1 OF 17
t 5 I::,;> - ~:,. i; I?'; 110HAVE COUNTY BOARD OF SUPERVISORS
*;':'~,.~~;, '>::~~f RECORDING FEE 0.00 He
'<'/.<t;;-;j~~~
:;JlC:lOFI..."ltM
RESOLUTION 92-252
A RESOLUTION SETTING FORTH CONDITIONAL APPROVAL OF A REQUEST TO
ABANDON DEDICATED PUBLIC RIGHTS-OF-WAY FOR MOUNTAIN SIDE RANCH,
TRACT 4106-A, A SUBDIVISION OF SECTION 6, TOWNSHIP l8 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 abandonment of dedicated public rights-of-way for Mountain
Side Ranch, Tract 4106-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 abandonment is a portion of Section 6,
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
.
.
Page 2
Resolution No. 92-252
WHEREAS, based on receipt of a written request from the
owner, represented by Walter W. Venberg, Pres ident 0 f 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 of certain road
rights-of-way of Mountain Side Ranch, Tract 4106-A as recorded on
December 18,
1990,
at Reception Number 90-85307,
in the
Recorder's office, and in accordance with the Mohave County
Subdivision Regulations, Section 1.12-7 Abandonment of County
Hiqhways, County Roads, Public Roads, etal, and in accordance
with Arizona Revised Statutes 18-201, County highways Et. seq may
be abandoned ... by presentation of a petition, and
WHEREAS, a petition and statement were received, evaluated
and referred to the Planning and Zoning Commission. The Planning
and Zoning Commission, at a hearing held July 8, 1992, concluded
that Mountainside Ranch Road, Dutch Flat Road, Dutch Flat Way,
Dutch Flat Court, pueblo Court, pueblo Road, pueblo Way, Wagon
Wheel Road and Wagon Wheel place could be abandoned; however,
based on a request from the department of Public Works, and on
factors mandated by the Planning and Zoning Subdivision
Regulations, Section 1.12-7C, the Commission recommends that
Bison Road, Boundary Cone Road and Girard Avenue ~ be abandoned
by this action, and
PAGE 2 OF 17
Bit 2094 PG 928 (FEE~92-45395)
.
.
Resolution No. 92-252
Page 3
WHEREAS, a separate and accompanying request and petition
have been received for abandonment and reversion to acreage of
Lots, Parcels etal, the action on which will occur concurrently
and in coordination with this action, and
WHEREAS, Mr. Venberg stated that there are no existing sales
to individual lot buyers.
"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).
A petition to abandon lots and parcels, and
extinguish easements has been submitted, and
WHEREAS, Mr. Venberg requests that the Board in their action
to revocate Tract 4106-A, "the resolution further provide that
the 4106-A plat and associated engineering documents remain as
approved by the Board and subject to plat resubmittal and to
recording in the future based upon stipulations included in the
Mohave County Board of Supervisors Board Resolution No. 90-254"
(See Exhibit "B"], 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 abandonment of
dedicated public rights-of-way with the applicant understanding
and accepting the following conditions:
PAGE 3 OF 17
9K 209~ PG 929 (FEE092-4539S)
.
.
Resolution No. 92-252
Page 4
1. That the tract remain an approved final as set forth in
the Board of supervisors 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 Resolution; reiterating
that those portions of Bison Road, Boundary Cone Road
and Girard Avenue, recorded dedicated and accepted by
plat 410G-A be exempted from the abandonment action;
3 .
These abandoned rights-of-way shall
contiguous properties and be included as
total acreage in reversion to acreage;
accrue to
part 0 f the
4. This abandonment action has no bearing on the sixty
foot (GO') wide gas line easement established by action
separate from the action on the final plat;
5 .
Recommend that the Board of supervisors adopt a
Resolution and instruct the Clerk to record this
abandonment simultaneously with the recordation of the
Board of supervisors Resolution which abandons and
reverts to acreage certain lots and parcels of Tract
410G-A;
/_.. '"'"
,
G. That the Board of supervisors instruct the Recorder to
place the reference of this resolution on the recorded
map of Tract 4106-A;
7 . That it is understood that construction of drainage
easements approved with Tract 410G-A are a prerequisite
before any other phases of Tract 410G may be recorded
as set forth in the approval of Tract 410G-A via Board
of supervisors Resolution No. 90-254.
8. It is further understood that the continued
perpetuation of the final maps based on approved
preliminary plat 410G, Board of Supervisors Resolution
No. 90-113, depend on requesting and receiving
extensions of time for that approved preliminary, as
required by the Mohave County Subdivision Regulations.
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
PAGE 4 OF 17
BK 2094 PG 930 (FEEt92-45395)
.
.
Resolution No. 92-252
Page 5
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 abandonment of dedicated public rights-
-+;,:,'
of-way for referenced Tract 4106-A as recommended by the Mohave
County Planning and zoning Commission and outlined herein.
MORAVE COUNTY BOARD OF SUPERVISORS
ATTEST:
~
.A/A '~~:r-
LG-i.._.J..__H.ubbar.d.,--Cha i rman..__
Pat Holt, Vice Chairman
, B, C, D, E
PAGE 5 OF 17
8K 2094 PG 931 CFEE092-4S395)
.
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
MOHAVE COUNTY
P.O. Box 7000
809 E. Beale, suite 200
Kingman, AZ 86402-7000
PAGE 6 OF 17
BK 2094 PG 932 (FEEt92-45395>
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) .
."1
(3) We will submit petitions to abandon roadways and easements
as requested.
,
In addition to the above it is our intent at a subsequent meeting
of the Board to seek an extension to the Preliminary Plan for a
period of twelve months for the entire Mountainside Ranch project.
~
EXHIBIT
NO.5 92-252
'A 1/
a familz traditWn
~2-253 C/ -- ~
RES.
AN P.
(
.
\
.
'.)
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 BRpWN
.I ~~/!
By: /{//.Jt
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
9K 209~ PG 933 (FEE~92-45395)
"
.
.
MICRORLMED
-rNDEXm
::=90- 0.6573 BY.. 1793 PG 31l
OFF1C1AL RE.CORDS OF \"lDHA'J'E. COUMTl, A1.-
*JOAH McCALL, MOHAVE COUNTY RECORDERc
09/18/90 i:~5 P.M. PAGE 1 OF 5
eos
RECORDIHI.i FEE
0.00 He
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 18 NORTH, RANGE 21 WEST, GILA & SALT RIVER BASE &
MERIDIAN, LOCATED IN THE SOUTH MOHAVE VALLEY AREA, MOHAVE 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 subdi vis ion plan, for Moun ta in
Side Ranch, Tract 410G-A located in the South Mohave Valley area,
and
PAGE 8 OF 17
BK 2094 PG 934 (FEEt92-45395)
WHEREAS, the owner/subdivid~r 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 f
Suite 100, Englewood, Colorado 80112, and
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
"s//
RES. NO.5
AND
92-262
92- 253
.
.
t 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
primary access
to
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 SUI?ervisors 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 ~n the
drainage reports; arrangements will be made to extend underground
electric and telephone service to each lot in accordance with
i
Arizona Corporation Commission Regulations; all lots and street
centerline monuments will be staked and monumented in accordance
PAGE 9 Of 11
BK 209~ PG 935 (FEE~92-4539S)
.~.,.,. .,,,~,.,......o,...~~,,
.
.
. 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 th~ 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 209""PG 936 (FEEt92-45395)
':...:_~_r
4.
5.
6 .
7 .
8 .
9 .
-R
II.
.
.
'-!
_t'AG~ ~ u~ 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;
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;
The owner shall obtain the matching right-of-way for
Bison Road and provide it to the Board ln an acceptable
format prior to recording the final plat for Tract
4l06-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 4l06-A including the
Dedication will need to be properly executed andJC>i=
ratified ~ 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;
12. There are several concerns noted in the final: staff
review comments which are ministerial in nature which
PAGE 11 OF 17
BK 2094 PG 937 (FEE~92-~5395)
.
.
_-,~,cr ~ nc c: <.j
t "\,1,- -..J 'U( 4
BK 1793 PG 314 (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 4l06-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 mylars 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
LOisq~arf Lff(~
..'
"
PAGE 12 OF 17
BK 2094 PG 938 (FEE+92-45395)
(
\._-
.
.
(j
1
STATE OF ARIZONA DEPARTMENT OF REAL ESTATE
2
3
4 MOHAVE COMMUNITIES LIMITED
PARTNERSHIP
S dba HOMES BY DAVE BROWN
CONSENT TO SUSPEND
LOT SALES WITHIN
MOUNTAINSIDE RANCH BY DAVE BROWN
TRACT NO. 4106-A
REFERENCE NO. 91-00072
6
Respondent
7
Respondent admits that public report dated August 6, 1991
8 under Reference No. 91-00072 lS 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).
11 THEREFORE, Respondent hereby agrees to suspend the sales
12 offering previously authorized by the subject public report
13 -until:
14
1-
2.
The public report is amended and made valid; or
A new public report .,is issued,
IS
ln accordance with the provisions of A.R.S. ~32-2184_
16
17
Agreed to:
Mohave Commu
B : Mohave
rMh
1 May 1992
( Da te )
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
Arizona Department of Real Estate
PAGE 13 OF 17
BK 2094 PG 939 (FEE~92-45395)
24 By
(Date)
2S
26
"c "
EXHIBIT
Res, NO.s
92-252 AND 92...253
\,
.
.
FIFE SYMINGTON
GOVERNOR
Q
JERRY A. HOLT
COMMtSSIONEfl
(Acting)
202 E. EARLL DRIVE
SUITE 400
IOENIX. ARIZONA 85012
(602) 279.2909
~hrl2 of Mi!omr
lliQpmmQnt of 3R21I1 'Idrrte
5099 E. GRANT ROAD
SUITE 121
TUCSON. ARIZONA 85712
(602) 628.5323
CERTIFIED RETURN
RECEIPT REQUESTED
RE-"r--\' .~--, -- ....: : ;""2
'-' c. \J t:. ~ -~:; -; i uo, L:;::.~
~Id 6-1-12:. .
C/(JlaJd.d (1u~
April 30, 1992
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.
PAGE 14 OF 17
BK 2094 PG 940 (FEE~92-45395)
John Rothermel
Real Estate Representative q~
JR:jmb ~~ ~ ~
<\)
Enclosure "- ~
Ul '-- .,.. ~
co
fTl E
0
.c>
Ul -0 ~ C, ~
J] '" o.~ ..
'" -0 '"
J] 0>> g'O '" \S-
'" c- u-
'" .- '" 3'0 -0 I \
'" u- ~o
a '" g~ 0", c '" ---
>- c.... '"
.-::I u- e;; ....'" ....'" '" ;;; \
,... ~ 0.0 Q.U a> ~ ~,
er- e;; 0; .- -0 '"
'" ~ 0 ~-g 8<( ....
'" 0
u- '" -0 ",,,, "'-0 0.. -"
0.. 0 '" O:E O:c '"
" " '" -0 ro ~ c'" .J E
0> ~ co <(
EXHI BIT D '" u -c ~c>> .... ;;;
;;; c '" ;;; .2~ iii'CQ 0 0
0 '" a. '" '" 0:0 .... 0..
0.. U Cfl 0: 0:0
RES. NO.~ 92-2~2 92- 25!> sa6~ <lUOr 'ooal: WJO;j ~
ANI)
,
\
.
.
()
RELEASE OF ASSURANCE FOR
SUBDIVISION IMPROVEMENTS
DATE:
May
1-0
,
1992
PAGE 15 OF 17
BK 209~ PG 941 (FEE~92-45395)
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"); MOHAVE
COUNTY, ARIZONA (the llCountyll)
R E C I TAL S
The Bank and the Developer have previously furnished
their Agreement entitled llAssurance for Subdivision Improvements"
dated December 7, 1990 (the llAssurancell), a copy of which is
attached hereto as Exhibit llA" 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 "projectll). 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 acknowledge 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 "BI! 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 another Public Report from the
Department of Real Estate and posting ,an ~ppropriate assurance.
" II
EXHIBIT E
fE$. NO.5
92,,2S2 A~D 92-253
1
1
1
~
!
1
1
1
.
F
i,e
\.
'.,
<J
PAGE 16 OF 17
BK 2094 PG 942 (FEEt92-45395)
3. Mi~Q.l1a~~Q~.;
(a) SQverabi11 ty. If any provision of this AqrQement is
declared void or unenforceable, such provision shall be deemad
severed ~rom thiQ Agreement, and all other provisions hereof shall
otherwitse remain in full force and effe.ct, as if .such void or
unenforceable provision were not a part hereof.
(b) Additional Acts and Docmnants. Each party hQreto agrees to
do all such things and take all such necessary actions, and to
make, QXQcute and dQliver such other documents and instruments a~
may be reasonably requested to carry out the provisio~s, intent and
purposes of this Agreement. .
(0) Authority. Each of the parties hereto rQpresents and
warrants to each other party hereto that this Agreement has been
duly authorized by all nac,u:&ary actions, that this Agreement
constitutes and will constitute a binding obligation ot each such
party, and that this: Agreement has been (and each instrument
delivered hereunderl whQn so delivered, will have been) duly and
validly executed on behalf of QUch party.
Cd) Attorneys' FQcs. In the event any litigation ari&ing under
this Agreement, or as a result ot the breach of any representation
or warranty containGd he.rein, the prevailing party therein shall be
entitled to have included in any judgment or decree, its reasonable
attorneys' fees, costs and interest thereon at the highest rate
allowable by law.
(e) Counterparts. Th1$ 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 daamGd an original hereof.
(f) Integration Clause/Oral Modification. This Agreement
represants the entire agreement bQtwQen the partie.s with respect to
the subj~ct matter hereof, and all agr~ements entQrQd into prior
hereto (unless exprasQly provided) with respect to thQ subject
matter hereof are revoked and super$~ded by this Agreement, and no
representationQ, warranties, inducement~ or oral aqrQQments hava
been made by any of the parties except as Qxpressly sat forth
herein, or in other contemporaneous wri ttan agreements. This
Agreement may not be changed, modifiQd or rescinded, except in
writing, signed by all parties hereto, and.1any attempt at oral
modification of this Agreement shall be void and of no force and
errect.
(g) Captions. Captions and paragraph headings as used hQrein
are for convenienoe only and are not a part of thic Agreement and
shall not be deemQd to limit or alter any provision hereof and
shall not be dee~ed relevant in construing "this Agreement.
(h) Governing Law. This Agreem.nt shall be deamed to be mad~
under, and shall be construed and enforced in accordance with the
9
. ~
~.
.
\.
:;..,)
laws ot thQ state of Arizona now or hereafter in effect, and any
sui t to entorce any provision at 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) Interpretation5. To the extent permitted by the context in
which u5~d, (i) wordg in the singular shall include the plural,
(ii) warde in the masculine shall includQ thQ femininQ and nQutQr,
and vice versa, and (iil) rerQrQncg~ to ltpgrfi1on~lt or lIpartiQs" in
this Agreement shall be d.Qm..d to r..f..r to natural PQrsons,
corporations, partnerships, trusts and all other~~entities. This
Agreement is the product of negotiations between Buyer and Seller
and its terms and conditions shall not be construe.d against e.ither
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 conf..r any right upon any third party, unlQ~g QxprQ~gly ~tatod
herein.
IN WITNESS WHEREOF, the partiQQ havo oxocutod thig AgroomQnt
as at th. day and year tlrst above written.
By, L.<?7 ';:? ,--
/~~~/-/- Ph-u ;?6j/;e~'~il
l,j/~ j' M;~~/-< O'c-:.?;[ ~
/j /i2.rr'/~"-
MOHAVE COMMUNITIES LIMITED
PARTNERSHIP I a- - Arizona limi tad
partnership, : d/b/a HOMES BY
DAVE BROWN
By: flil4~J~ I p-~-",-,';';:f
THE VALLEY NATIJNAL BANK OF
ARIZONA, a national banking
association
By:
d~'--7- 'l 4{;~C-f c/
/ .
MOHAVE COUNTY, ARIZONA
ATTEST By: ([1//>7/0.1 ~ &a.{.~ J -----'
Barbara Bracken, Deputy Clerk
g:\dea\work\as~urance.rel
"
PAGE 17 OF 17
BK 2094 PG 943 (FEEt92-45395)