HomeMy WebLinkAbout103-Attachment 2: Preannexation Agreement Amendment.pdf 1
FIRST AMENDMENT TO FARAHANCHI/MOKHLESI/HOLTON/KOWNACKI/PFEIFFER
PREANNEXATION AGREEMENT
THIS FIRST AMENDMENT TO FARAHANCHI/MOKHLESI/HOLTON/KOWNACKI/PFEIFFER
PREANNEXATION AGREEMENT (“First Amendment”) is made this _____ day of November, 2011,
by and between the CITY OF SARATOGA (“City”), a municipal corporation of the State of
California, Fariba Farahanchi and Nima Mokhlesi (collectively “the Farahanchi/Mokhlesis”), John
Holton and Wanda Kownacki (“the Holton/Kownackis”), and Jim Pfeiffer (“Pfeiffer”, and
collectively with the Holton/Kownackis, “the Neighbors”). The Farahanchi/Mokhlesis are sometimes
referred to herein as “the Owners” and the Owners, City and Neighbors are collectively referred to
herein as “the Parties.”
RECITALS
A. The Parties entered into that certain Farahanchi/Mokhlesi/Holton/Kownacki/Pfeiffer
Preannexation Agreement dated July 6, 2011 regarding, among other matters, the annexation of the
Property into the City (the “Agreement”).
B. The City approved the Agreement on July 6, 2011.
C. Section 7 of the Agreement provides that the Agreement terminates if the annexation of the
Property has not occurred within four (4) months of the City’s approval of the Agreement.
D. The Owners desire to extend the termination date stated in the Agreement as set forth herein.
NOW, THEREFORE, for the mutual promises hereinafter stated, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. Definitions.
Defined terms in this First Amendment shall have the same meaning as in the Agreement unless
otherwise indicated.
2. Modified and/or Additional Provisions.
The following provisions are hereby revised and/or added to the Agreement:
Section 7. “Termination of Agreement”
Section 7 of the Agreement is hereby amended to delete the language “within four (4) months after the
date of City’s approval of this Agreement” and to substitute therefore the following language: “by
February 2, 2012”.
3. Effective Date.
This First Amendment shall take effect only upon, from and after its execution by all of the signatories
below.
4. Inconsistency
2
In the event of any inconsistency between the terms of this First Amendment and the terms of
the Agreement, the terms of this First Amendment shall control as to the matters which are the subject
of this First Amendment.
5. Ratification.
Except as amended by this First Amendment, the terms and provisions of the Agreement are
hereby ratified, confirmed and shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective representatives as follows:
CITY OF SARATOGA
City of Saratoga, A Municipal Corporation
By: ____________________________________
Howard A. Miller, Mayor Date
ATTEST:
By: Ann Sullivan, City Clerk Date
Approved as to Form:
___________________________________
City Attorney, Richard Taylor Date
OWNERS
By: Nima Mokhlesi Date
By: Fariba Farahanchi Date
NEIGHBORS
By: Wanda Kownacki Date
By: James W. Pfeiffer Date
By: John Holton Date