RECORDING REQUESTED BY
AND AFTER RECORDATION MAIL TO:
Town of Yountville
Attn: Town Clerk
6550 Yount Street
Yountville, CA 94599 91024
NO FEE RECORDING PURSUANT TO GOVERNMENT CODE §§ 6103 & 27383
AFFORDABLE HOUSING DEVELOPMENT AGREEMENT
This Affordable Housing Agreement (“Agreement”) is entered into by and between Crossroad Circle, LLC, a California limited liability company (“Developer”), and the Town of Yountville, a California municipal corporation (“Town”). The Developer and Town may be individually referred to as “Party” and collectively referred to as “Parties.” For purposes of this Agreement, all references to Developer shall include any successor in interest of Developer, in whole or in part, and all references to Town shall include any designee thereof.
RECITALS
A. Developer owns an approximately 1.33-acre site located at 1980 Yountville Cross Road, Yountville, CA 94599 (“Site”).
B. Developer obtained entitlements to subdivide the Project Site into nine lots, relocate and rehabilitate an existing on-site single family dwelling unit on one of the lots, demolish all other ancillary structures and improvements, and to construct eight single family dwelling units and two Junior Accessory Dwelling Units (JADUs) on the Site (“Project”).
C. Developer and Town desire to make the existing single-family dwelling unit available for rent to low-income households with incomes between 50% and 80% of the Area Median Income (“AMI”). This existing single-family home is referred to herein as the “Affordable Unit.” The Affordable Unit will be located on Lot One of the 9-lot subdivision, as depicted in the Project’s final subdivision map approved by the Town Council of the Town of Yountville on [_______] by Resolution Number [_______] attached as Exhibit A and as more particularly described in Exhibit A-1 (“Lot One”).
D. Execution of this Agreement meets the requirements of the Town’s Inclusionary Housing Program for this Project, which requirements are set forth in Chapter 17.160 of the Town’s Municipal Code.
NOW, THEREFORE, the Parties agree as follows:
I. DEFINITIONS
a. “Affordable Housing Cost” means a cost that does not exceed the limits set forth herein in accordance with Section 50052.5 of the Health and Safety Code. For households 55008.0101 390715.10
whose gross incomes exceed 30 percent of the Area Median Income adjusted for family size and do not exceed 50 percent of the Area Median Income adjusted for family size, the Affordable Housing Cost may not exceed the product of 30 percent times 50 percent of the Area Median Income adjusted for family size appropriate for the unit. For households whose gross incomes exceed 50 percent of the Area Median Income adjusted for family size and do not exceed 70 percent of the Area Median Income adjusted for family size, the Affordable Housing Cost may not exceed the product of 30 percent times 70 percent of the Area Median Income adjusted for family size appropriate for the unit. For households whose gross incomes exceed 70 percent of the Area Median Income adjusted for family size and do not exceed 80 percent of the Area Median Income adjusted for family size, the Affordable Housing Cost may not exceed the product of 30 percent times 80 percent of the Area Median Income adjusted for family size appropriate for the unit. b. “Area Median Income” or “AMI” means the median income applicable to Napa County, adjusted for Household size, as published by the California Department of Housing and Community Development in Section 6932 of Title 25 of the California Code of Regulations (or its successor provision) per Health & Safety Code Section 50093, subdivision (c). c. “Affordable Rent” means a cost that does not exceed the limits set forth herein in accordance with Section 50053 of the Health and Safety Code. For households whose gross incomes exceed 30 percent of the Area Median Income adjusted for family size and do not exceed 50 percent of the Area Median Income adjusted for family size, the affordable rent may not exceed the product of 30 percent times 50 percent of the Area Median Income adjusted for family size appropriate for the unit. For households whose gross incomes exceed 50 percent of the Area Median Income adjusted for family size and do not exceed 60 percent of the Area Median Income adjusted for family size, the affordable rent may not exceed the product of 30 percent times 60 percent of the Area Median Income adjusted for family size appropriate for the unit. For households whose gross incomes exceed 60 percent of the Area Median Income adjusted for family size and do not exceed 80 percent of the Area Median Income adjusted for family size, the affordable rent may not exceed the product of 30 percent times 80 percent of the Area Median Income adjusted for family size appropriate for the unit. d. “Affordable Unit” means the housing unit on Lot One of the Site that will be restricted to an Affordable Rent pursuant to the terms of this Agreement. e. “Household” means all persons who will occupy the Affordable Unit whether it be a single family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share living arrangements. f. “Income Limit” means the income limit applicable to Napa County, adjusted for Household size, as published by the California Department of Housing and Community Development in Section 6932 of Title 25 of the California Code of Regulations (or its successor provision) per Health & Safety Code section 50093, subdivision (c). g. “Project” shall have the meaning assigned in Recital B above. h. “Site” shall have the meaning assigned in Recital A above.
II. AFFORDABILITY COVENANTS
a. Affordability Covenants. Prior to the first certificate of occupancy for the 55008.0101 390715.10
Project, Developer shall record this Agreement in the Office of the County Recorder of the County of Napa against that real property identified as Lot One. b. Duration of Affordability. The Affordable Unit subject to this Agreement shall be subject to and reserved at the applicable Affordable Rent or, if sold, the Affordable Housing Cost for a minimum of 55 years from the date this Agreement is recorded. c. Transfer and Ownership of Unit.
1. The parties understand and agree that Developer may transfer or assign its interests, rights and obligations in this Agreement in accordance with Section VIII.
Subject to the Town’s consent to and the recordation of a Transfer Agreement (as defined in Section VIII), the Affordable Unit may be sold to a subsequent owner demonstrating to the Town’s reasonable satisfaction that it will continue to rent the Affordable Unit at an Affordable Rent to a Household earning at or below the Income Limit applicable to low income Households for the duration of the affordability covenant. In the event of such transfer, the Affordable Unit shall not be required to be owner-occupied and the purchaser may pay any sales price agreed upon by the purchaser and Developer. Upon such transfer, any tenant then occupying the Affordable Unit pursuant to an existing lease agreement shall be permitted to remain in the Affordable Unit for the remainder of such lease’s term provided that (i) the tenant continues to satisfy the eligibility criteria required herein and (ii) at-fault just cause for termination of the tenancy, as defined in California Civil Code Section 1946.2, does not exist.
2. In the event that the Developer (or successor, assignee, or transferee thereof) intends to remove the Affordable Unit from the rental market and offer the Affordable Unit for sale as an owner-occupied unit at any point during the duration of the affordability covenant, including (without limitation) pursuant to a future subdivision or tenancy-in-common, the Affordable Unit shall be sold to a Household earning at or below the Income Limit applicable to low income Households. As a condition precedent to such sale during the duration of the affordability covenant, the Town and Developer shall execute an equity sharing agreement satisfying Government Code Section 65915, subdivision (c), in a form approved by the Town. The maximum sales price of the Affordable Unit intended for owner-occupancy shall not exceed the les ser of (i) the Affordable Housing Cost; or (ii) Developer’s purchase price, adjusted for the percentage increase in median income since the Affordable Unit’s purchase, plus the value of substantial structural or permanent fixed improvements to the Affordable Unit. If sold as an owneroccupied unit, the Affordable Unit may thereafter only be occupied by its owner (the “OwnerOccupant”), and the deed to the household on initial sale or resale of the Affordable Unit shall so specify.
3. Notwithstanding anything herein to the contrary, in the event the Affordable Unit is offered for sale pursuant to subsection (c)(2) above, the Town shall have the first right of refusal to purchase the Affordable Unit at the maximum Affordable Housing Cost that can be charged to a Household earning at or below the Income Limit applicable to low income Households. In such event, the Developer (or successor, assignee, or transferee thereof) shall give the Town written notice at least sixty (60) days prior to the date the Affordable Unit is to be offered for sale. Upon notification of the availability of the Affordable Unit for sale by the Developer, the Town or its designee may seek, screen, and select qualified purchasers through a process involving applications and interviews. Where necessary, the Town may hold a lottery to select purchasers. 55008.0101 390715.10
The Town or its designee may review the assets and income of prospective purchasers on a household-by-household or family-by-family basis. The Town may select purchasers in accordance with a policy adopted by resolution that gives preference to households that live and/or work in the Town.
d. Sale of Lot One. Lot One may be sold or transferred in the sole discretion of Developer; provided, however, that any such sale or transfer shall be subject to this Agreement, and the Affordable Unit shall remain subject to the affordability covenants and restrictions set forth herein for the remainder of the term of this Agreement. e. Other Units on Lot One. This Agreement restricts only the single Affordable Unit and does not restrict the occupancy or rental rate of any other lawfully permitted residential unit on Lot One, which may be occupied or rented at market rates. The existence, occupancy, or rental of any other unit on Lot One shall not modify the affordability restrictions applicable to the Affordable Unit.
III. USE RESTRICTIONS
a. Short Term Rentals. The Affordable Unit shall not be rented for a term of less than 30 days.
b. Occupancy. The Affordable Unit shall be occupied by a Household earning at or below the Income Limit applicable to low income Households for the duration of the affordability covenant. The income of all co-tenants, co-occupants, and/or co-owners, as applicable, shall be taken into account in determining Household income. c. Maintenance. The owner of Lot One shall be responsible for maintaining the Affordable Unit in an aesthetic and sound condition, reasonable wear and tear excepted.
Maintenance shall include but not be limited to regular inspection for graffiti or substantial damage and repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; reasonable maintenance of all landscaping; maintaining the roof in a leak-free and weather-tight condition; and maintaining security devices in good working order.
IV. DEVELOPMENT RESTRICTIONS
a. Size and Bedroom Count. The Affordable Unit shall be consistent with the following matrix:
Location Unit Type Unit Size Low Income (80% of
AMI)
Household Size
Lot One 2 bed/2 bath ~ 1,160 sf 1 unit 3-person household b. Timing. The Affordable Unit shall be made available for occupancy concurrently with or before the occupancy of any market rate unit(s) in the Project. 55008.0101 390715.10
V. ELIGIBILITY AND REPORTING
a. Eligibility. Developer shall be responsible for verifying the Household income of any prospective tenant and/or purchaser, as applicable, to confirm their eligibility for the Affordable Unit.
b. Selection/Screening. Developer shall screen and select qualified applicants in accordance with the Town’s Affordable Housing Local Preference Policy, as set forth in Town of Yountville Resolution No. 17-3393, as may be amended, with the most current version set forth in Exhibit B. The Town or its designee may be involved with the screening and selection of prospective tenants.
c. Monitoring. Developer shall be responsible for ensuring that all eligibility criteria and Affordable Rent and/or Affordable Housing Cost requirements are met during the term of any tenancy and this Agreement.
d. Reporting. On July 1st of each year, Developer shall (i) certify to the Town that the Affordable Unit continues to be subject to the use restrictions under Section III of this Agreement on a form acceptable to the Town; and (ii) provide the Town a report detailing the name, address, and income of each person occupying the Affordable Unit, the bedroom sizes of the Affordable Unit, the amount of monthly rent charged and/or the Affordable Housing Cost at which the Affordable Unit was purchased, and any vacancy or new rental, sale, or other conveyance of the Affordable Unit during the preceding calendar year.
e. Cost of Monitoring. Developer shall pay such reasonable costs associated with said monitoring and enforcement efforts required by the Town or designee thereof. f. Changed Household Income. If as a result of the annual reporting procedure any Household which was previously determined to be eligible to occupy an Affordable Unit subject to Affordable Rent is determined to be ineligible as a result of increased Household income, the Town or its designee will provide written notification thereof to the Developer, and Developer shall have 180 days from the date of the notification to take all reasonable steps to pursue eviction of an ineligible Household.
g. Owner-Occupancy of Unit; Option to Purchase. Following the sale of the Affordable Unit to an eligible Household for owner-occupancy pursuant to Section II(c)(2) above, whenever the Owner-Occupant of the Affordable Unit no longer desires to own or reside in the Affordable Unit, the Town or its designee shall have the right of first refusal to purchase the Affordable Unit in accordance with Section II(c)(3).
Town or its designee shall also have the right to exercise an option to purchase the Affordable Unit if the Owner-Occupant has violated any provisions of this Agreement or terminated his or her residency in the Affordable Unit. An Owner-Occupant shall be deemed to have terminated his or her residency in the Affordable Unit if neither he or she, his or her spouse, nor his or her children use the Affordable Unit as their principal residence for a period of six (6) months or more. The Town or its designee may exercise this option at any time during the forty-five (45) day period following notice of default and an opportunity to cure as set forth in Section VI(b) below. However, this option shall not be exercisable after the Owner-Occupant has entered into a legally binding agreement of sale with a household certified by the Town or its designee as an eligible purchaser.
55008.0101 390715.10
Town or its designee shall also have the right to exercise its option to purchase the Affordable Unit upon occurrence of any of the following events: (i) The giving of a notice of sale pursuant to Civil Code Sections 2924f and/or 2924h under any deed of trust or mortgage with power of sale encumbering the Affordable Unit; (ii) service of summons or other papers in any judicial foreclosure against the Affordable Unit; (iii) execution of any deed in lieu of foreclosure transferring ownership of the Affordable Unit. Town or its designee shall have forty-five (45) days from the date it receives actual notice of any one of the above events to exercise its option to purchase.
The option is deemed exercised by the Town upon posting by certified United States Mail, postage prepaid, of a written notice of such exercise, addressed to the owner of the Affordable Unit at the mailing address of the Affordable Unit.
In the event that Town or its designee exercises its option to purchase the Affordable Unit, escrow will close within ninety (90) days following receipt of written notice from the Town of intent to purchase. Closing costs and title insurance shall be paid pursuant to the custom and practice in the County of Napa at the time of the opening of such escrow. h. Records. Developer shall maintain any and all ledgers, books of account, and other records or documents evidencing Developer’s compliance with the terms of this Agreement and Yountville Municipal Code Chapter 17.160 (as may be amended or recodified from time to time) for a minimum of three (3) years, or for any longer period required by law, from the date of expiration or termination of this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours within three business days of receipt of Town’s request for such documents.
VI. ENFORCEMENT OF COVENANTS
a. Enforcement. Town shall have the right, but not the obligation, to monitor and enforce the covenants contained in this Agreement. A tenant or occupant of the Affordable Unit shall have the right to seek enforcement of the covenants limiting rent to an Affordable Rent against the Developer, provided however that the tenant or occupant shall agree to release and discharge the Town, its elected and appointed councilmembers, commissioners, officers, agents and employees, from any such enforcement action or proceeding. A purchaser of the Affordable Unit for owner-occupancy shall have the right to seek enforcement of the covenants limiting rent to an Affordable Housing Cost against the Developer, provided however that the purchaser shall agree to release and discharge the Town, its elected and appointed councilmembers, commissioners, officers, agents and employees, from any such enforcement action or proceeding. b. Notice and Opportunity to Cure. Prior to exercising any remedies hereunder, Town shall give Developer notice of such default. If the default is reasonably capable of being cured within 30 days, Developer shall have such period to effect a cure prior to exercise of remedies by Town. If the default is such that it is not reasonably capable of being cured within 30 days, and Developer (a) initiates correction action within said period, and (b) diligently, continually, and in good faith works to effect a cure as soon as possible, then Developer shall have such additional time as is reasonably necessary to cure the default prior to exercise of any remedies by Town.
c. Remedy. If a violation of any of the covenants or provisions of this 55008.0101 390715.10
Agreement remains uncured after the respective time period, Town may institute and prosecute any proceedings at law or in equity to abate, prevent or enjoin any such violation or attempted violation or to compel specific performance by Developer of its obligations hereunder. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of any party entitled to enforce the provisions hereof or to obtain relief against or recover for the continuation or repetition of such breach or violations or any similar breach or violation hereof at any later time.
d. Void Transfers. To the extent permitted by law, any and all sales, transfers, conveyances, assignments, transfers, or leases of the Affordable Unit that do not comply with the terms of this Agreement shall be void ab initio.
VII. TERMINATION
a. Termination. This Agreement shall be terminated and of no further effect upon the occurrence of any of the following events, whichever occurs first:
1. Expiration. Expiration of the term of the affordability covenant under Section II of this Agreement; or
2. Judicial Order. Entry of final judgment or issuance of a final order directing the Town to set aside, withdraw or abrogate the Town's approval of this Agreement.
3. Evidence of Termination. Upon expiration of this Agreement, the Town shall execute and deliver to Developer a deed of release or any document or instrument that is necessary to remove this Agreement from title.
VIII. ASSIGNMENT OF INTERESTS
a. Developer Assignment Right. Developer shall have the right to transfer or assign its interests, rights and obligations in this Agreement in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code § 66410, et seq.) to any person, partnership, joint venture, firm, limited liability company, or corporation at any time during the term of this Agreement; provided, however, that any such transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with this Agreement. b. Developer Notification and Transfer Agreement. Before any such transfer or assignment of this Agreement, Developer shall notify the Town in writing of such transfer or assignment and submit a proposed Transfer Agreement (as defined herein) between the Developer and transferee or assignee for the Town’s prior consent. Such agreement shall provide that the transferee or assignee expressly and unconditionally assumes Developer’s duties, obligations, agreements, covenants and waivers arising under this Agreement after the effective date of such assignment and contain such provisions as the Town may require to ensure continued compliance with this Agreement (“Transfer Agreement”). Any obligation under this Agreement not expressly assumed by the transferee or assignee in a Transfer Agreement shall remain with Developer.
The Town shall consider promptly and in good faith any request by Developer for the 55008.0101 390715.10
Town’s consent to any Transfer Agreement. The Town may request such additional information about the proposed transferee or assignee (including, without limitation, the background, experience, and financial condition of any proposed transferee or assignee) as is reasonably necessary for the Town to grant such consent. In the event the Town, in its reasonable discretion, determines to withhold consent, the Town shall provide Developer with written notice thereof stating with reasonable specificity the basis for such nonconsent within thirty (30) days of receipt of written notification by Developer. If the Town does not provide such written notice to Developer within this thirty (30) day period, the Town shall be deemed to have consented to the Transfer Agreement. A Transfer Agreement shall be required for any sale, transfer, or assignment and shall be recorded against Lot One in the Official Records of Napa County. c. Release. If such Transfer Agreement intends to release Developer of Developer’s obligations under this Agreement, such Transfer Agreement must be approved by the Town Manager on behalf of the Town in writing, which approval shall not be unreasonably withheld, conditioned or delayed. Prior to approving Developer’s release of its obligations under this Agreement, the Town may request that Developer demonstrates to the Town’s reasonable satisfaction that such transferee or assignee has sufficient financial capability to perform all obligations assumed.
IX. DEFENSE AND INDEMNITY
a. Developer Indemnity. Developer shall defend, indemnify and hold harmless the Town, its elected and appointed councilmembers, commissioners, officers, agents and employees ("Town Parties"), from and against any and all loss, injury, expenses, attorney fees, litigation expenses, court costs, damages, claims, costs and liabilities ("Claims") arising out of the Project or this Agreement, excluding any Claims resulting solely from the intentional misconduct or active negligence of the Town Parties.
b. Waiver of Civil Code Section 1542. Developer releases its rights to challenge the imposing of any affordability restriction on the Affordable Unit required under State Law or Town’s Municipal Code and the performance of this Agreement with respect to the Site.
Developer makes this release mindful of Section 1542 of the California Civil Code, and expressly waives any and all rights under that Section, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY
HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Developer waives and relinquishes any rights or benefits which it has or may have under Section 1542 of the California Civil Code and acknowledges that it may hereafter discover facts in addition to or different from those which it now knows or believes to be true with respect to the subject matter of this Agreement, but it is the parties’ intention hereby to fully and finally forever settle and release any and all matters, disputes, and differences, known or unknown, suspected or unsuspected, which now exist, may exist, or heretofore have existed, and in furtherance of this intention, the release given in this Agreement shall be and remain in effect as a full and complete general release notwithstanding discovery or existence of any additional or different facts. This 55008.0101 390715.10
release shall not release the obligation of the parties to perform the covenants required of them under the terms of this Agreement.
c. Non-liability of Town and Town Officials, Employees, and Agents. No member, official, employee, or agent of Town shall be personally liable to Developer, or any successor thereof, in the event of any default or breach by Town, or for any amount of money which may become due to Developer or its successor for any obligation of Town under this Agreement.
X. NOTICES
a. Notices. Except as otherwise provided in this Agreement, or expressly provided by law, any notice, approval, consent, waiver, or other communication required or permitted to be given, or to be served upon any Party in connection with this Agreement, shall be in writing. Such notice shall be personally served, sent by first class United States mail or other reputable overnight carrier, or via electronic mail with return receipt requested.
To the Town: To the Developer:
Town of Yountville
6550 Yount Street
Yountville, CA 94599
Attention: Town Manager
Crossroads Circle LLC
2020 Monroe Avenue
Yountville, CA 94599
Attention: Terry MacRae
With a copy to: With a copy to:
Colantuono, Highsmith & Whatley, PC
420 Sierra College Drive, Suite 140
Grass Valley, CA 95945
Attention: Gary B. Bell, Town Attorney
Coblentz Patch Duffy & Bass LLP
700 Main St., Suite 301
Napa, CA 94559
Attention: Jeff Dodd
XI. STANDARD CONDITIONS
a. Covenants Running with the Land. All conditions, covenants and restrictions contained in this Agreement shall be covenants running with the land, and shall, in any events, and without regard to technical classification or designation, legal or otherwise, be binding for the benefit and enforceable by Town against Developer, its future successors in interest, and to any party in possession or occupancy of said Site or portion thereof. b. Non-Discrimination. Developer herein covenants this Agreement is made and accepted upon and subject to the following conditions: There shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision Section 12955 of Section 12955.2 of the Government Code, in the sale, lease, transfer, use, occupancy, tenure, or enjoyment of the Affordable Unit, nor shall the transferee itself or any person claiming under or through him or her, establish or permit any such practice of practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, 55008.0101 390715.10
or tenants of the Affordable Unit.
c. Integration. This Agreement constitutes the entire Agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto.
d. Successors. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement inure to, all successors-in-interest of the Parties. e. Waiver. No delay or omission by a Party in exercising any right or power accruing upon non-compliance or failure to perform by another Party under the provisions of this Agreement shall impair or be construed to be a waiver of any such right or power. A waiver by a Party of any of the covenants or conditions to be performed by another Party shall not be construed as a waiver of any succeeding breach or non-performance of the same or other covenants and conditions hereof.
f. Attorneys’ Fees. In connection with a dispute arising under or in connection with this Agreement, a prevailing Party shall be entitled to recover from the nonprevailing party, such prevailing Party’s court costs and reasonable attorneys’ fees (including the reasonable value of in house attorney services) and disbursements incurred in connection therewith and in any appeal or enforcement proceeding thereafter, including any bankruptcy proceeding (and any action for relief from the automatic stay of any bankruptcy proceeding), in addition to all other recoverable costs.
g. Governing Law & Venue. This Agreement shall be
construed and enforced in accordance with the laws of the State of California, without regard to conflicts of laws principles. Venue for any legal action brought by any Party hereto for breach of this Agreement or to interpret or enforce any provisions herein shall be in the Napa County Superior Court.
h. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same document.
i. Recitals & Attachments. All recitals and attachments are incorporated herein by reference.
j. Construction of Agreement. All Parties have been
represented by counsel in the preparation of this Agreement and no presumption or rule that ambiguity shall be construed against a drafting Party shall apply to interpretation or enforcement hereof. Captions on sections and clauses are provided for convenience only and shall not be deemed to limit, amend or affect the meaning of the provision to which they pertain. k. Signature Authority. Each Party (as to itself) warrants and represents that the person or persons executing this Agreement on behalf of such Party has the authority to execute this Agreement and the authority to bind such Party to its obligations hereunder.
l. Severability. If any provision of this Agreement shall be adjudicated to be invalid, void or illegal, it shall in no way affect, impair or invalidate any other provision. Notwithstanding the foregoing or any other provisions of this Agreement, if a material provision of this Agreement is found to be unenforceable, void or voidable, a Party benefited by 55008.0101 390715.10
such material provision may terminate this Agreement upon providing written notice to the other Parties.
IN WITNESS THEREOF, the Town and the Developer have signed this Agreement as of the dates set under their signatures.
“TOWN”
TOWN OF YOUNTVILLE, a California
municipal corporation
Signature:
Printed:
Title:
Date:
“DEVELOPER”
CROSSROADS CIRCLE, LLC, a California
Limited Liability Company
Signature:
Printed:
Title:
Date:
Attest:
Signature:
Printed:
Title:
Date:
Approved as to form:
Signature:
Printed:
Title:
Date:
Approved as to form:
Signature:
Printed:
Title:
Date:
55008.0101 390715.10
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Notary Acknowledgement
55008.0101 390715.10
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Notary Acknowledgement
55008.0101 390715.10
EXHIBIT A-1
FINAL SUBDIVISION MAP
55008.0101 390715.10
Exhibit A-1 - 1
EXHIBIT A-2
LEGAL DESCRIPTION
[Surveyor to enter Lot 1 legal description]
55008.0101 390715.10
Exhibit A-2 - 1
EXHIBIT B
TENANT SELECTION PROCEDURES
TOWN COUNCIL RESOLUTION NO. 17-3393
55008.0101 390715.10 Exhibit B - 1