Loading...
HomeMy WebLinkAboutAlberta C. Mandic - Estate of Robert R. Mandic - Real Proper (2) REAL PROPERTY PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND ALBERTA C. MANDIC & THE ESTATE OF ROBERT R. MANDIC This agreement is made and entered into this 19th day of August , 1991, at Huntington Beach, California, by and between the City of Huntington Beach, hereinafter referred to as "CITY; " and Alberta C. Mandic and the Estate of Robert R. Mandic, hereinafter collectively referred to as "SELLERS. " Whereas, SELLERS wish to sell, and CITY desires to purchase, certain real property located in the City of Huntington Beach, County of Orange, California, hereinafter referred to as "the Property, " more particularly described in Section 1 herein; and CITY and SELLERS also wish to arrange for the settlement of the pending eminent domain action concerning the Property, NOW, THEREFORE, in consideration of the mutual dependent convenants, conditions, and releases herein contained, the parties hereto do hereby agree as follows: 1. PURCHASE OF PROPERTY SELLERS agree to sell, and CITY agrees to purchase, that certain real property located within the City of Huntington Beach, County of Orange, State of California, which is legally described as : Lot No. 47 of Tract No. 360 in the City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 15, Page 24 of Miscellaneous Maps in the office of the County Recorder of Orange County, California. Excepting therefrom, that portion previously granted to the City of Huntington Beach by Grant Deed on January 8, 1970, as recorded on Book 9186, Page 171, in Records of Orange County, State of California. -1- 2 . PURCHASE PRICE The purchase price for the Property is One Thousand Dollars ($1, 000 . 00) . 3 . ESCROW; DISMISSAL OF PENDING LAWSUIT The parties shall enter into an escrow to accomplish the transferance of fee title to the Property. Escrow shall be provided by the First American Title Insurance Company. Immediately upon the close of such escrow, CITY shall dismiss the eminent domain action concerning said Property now pending in the Orange County Superior Court, Case Number 58-59-10 . CITY agrees to bear all closing costs . 4 . AGREEMENT CONTINGENT UPON CLOSE OF ESCROW This agreement, and all covenants, conditions and releases herein, are expressly contingent upon the closing of the escrow described in Section 3 herein. Should said escrow not close, and transfer title as contemplated herein, this agreement is void and shall have no legal effect. 5 . CALIFORNIA LAW APPLIES The validity of this agreement and any of its terms and conditions, as well as the rights and duties of the parties, shall be interpreted pursuant to the laws of California. 6 . ORDINARY MEANING APPLIES The terms and conditions of this agreement shall be construed pursuant to their ordinary meaning and shall not be interpreted against the maker. 7. PARTIAL INVALIDATION OF TERMS If any term, covenant, condition, or provision of this agreement is held by a court of competent jurisdiction to be -2- invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 8 . RELIANCE UPON COUNSEL SELLERS understand that they have a right to be represented by counsel concerning the lawsuit referenced in Section 3 herein. SELLERS are not represented by counsel at this time. SELLERS understand that the City Attorney does not represent or advise them in any way. SELLERS execute this agreement and release freely and voluntarily, and have read and fully understand its contents and terms . 9 . RELEASE OF FUTURE CLAIMS Each party hereto acknowledges that they are familiar with the provisions of § 1542 of the California Civil Code which provides as follows : 1542: Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Notwithstanding § 1542 of the California Civil Code, this agreement shall act as a release of any and all present and future claims that may arise in the above-mentioned dispute whether such claims are currently known, unknown, foreseen, or unforeseen, except those arising from the breach thereof. The parties understand and acknowledge the significance and consequence of such waiver and hereby assume full responsibility for any and all claims, actions, causes of action, demands, -3- . rights, damages, costs, loss of service, and expenses whatsoever which the undersigned now have, or 'which may hereafter accrue on account of, or in any way grow out of, any and all known, unknown, foreseen, and unforeseen damages and the consequences thereof resulting, or to result, from disputes and differences as to the rights, duties, and obligations each party has arising from said action. 10 . BINDING UPON. EXECUTION This agreement shall not become binding unless and until all parties have executed this agreement. 11. TIME OF THE ESSENCE Time shall be of the essence of this agreement. 12. ATTORNEYS FEES AND LITIGATION EXPENSES Each party is to bear its own attorney' s fees, litigation costs, and expenses . SELLERS hereby acknowledge that they are familiar with the provisions of § 1268 . 610 of the California Code of Civil Procedure, which provides in part that the court shall award the defendant his litigation expenses whenever an eminent domain proceeding is wholly or partly dismissed for any reason. Notwithstanding § 1268 . 610 of the California Code of Civil Procedure, SELLERS agree to bear their own litigation costs and expenses, including attorney' s fees, incurred as a result of the lawsuit referenced in Section 3 herein. SELLERS understand and acknowledge, and hereby waive and release, any and all claims for litigation expenses, costs and attorney' s fees arising under said C.C.P. § 1268 . 610 . -4- 13 . ENTIRETY This agreement constitutes the entire agreement and understanding between the parties concerned as subject matter hereof, and supersedes all other agreements , written and oral , related thereto . Each of the undersigned parties acknowledge that no other parties nor any agent or attorney of any other party has made any promise, representation, or warranty whatsoever, express or implied, not contained herein concerning the subject matter hereof to induce it to execute this agreement . IN WITNESS WHEREOF, the parties hereto have executed this agreement by and through their authorized representatives on the day, month and year first above written. SELLERS: CITY OF HUNTINGTON BEACH a California municipal �yy///A��/ /// corporation Alberta C. Mandic Estate of Robert R. Mandic _ Mayor By: ATTEST: Executor City Clerk .6 BY: A Executor APPROVED AS TO FORM: REVIEWED AND APPROVED: ,4^-1/ 71 City Attorney ?a„1S - City ministrat 6-o13-1; 1 ( -2S-RI INITIATED AND APPROVED: Real Property Manager -5- REQUEST FOR CITY COUNCIL ACTION Date August 19, 1991 Submitted to: Honorable Mayor and City Council Members .�kPROVED BY CITY COUNCIL Submitted by: • 1 Hutton, City Attorney $— ! q 19_ 1 Prepared by: Gail Hutton, City Attorney Olt d CC CITYY ERR Subject: Purchase of Real Property from Alberta C. Mandic & the Estate of Robert R. Mandic; Settlement of Eminent Domain Case Consistent with Council Policy? [] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: On July 29 , 1991, the Council in closed session approved an agreement between Alberta C. Mandic and the Estate of Robert R. Mandic . The City Clerk was not present during this closed session and has declined to record the vote taken to approve the agreement . RECOMMENDATION: Record the vote taken to ratify the vote taken to approve the attached agreement with Alberta C. Mandic and the estate of Robert R. Mandic by a vote of 6-0 during closed session on July 29, 1991 . Authorize Mayor and City Clerk to execute the agreement . ANALYSIS : N/A FUNDING SOURCE: Warner Avenue Widening Project funds . Exhibit : Real Property Purchase Agreement By and Between the City of Huntington Beach and Alberta C. Mandic & the Estate of Robert R. Mandic ar • in CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK August 13, 1991 TO: Honorable Mayor and City Council FROM: Connie Brockway, City Clerk RE: Agenda Item E-22 - Correction to August 1,3, 1991 Statement of Issue by City Attorney The City Attorney's Statement of Issue on Agenda Item E-22 requires correction. 1. A vote taken by the City Council in closed session should not be recorded by the City Clerk. The City Council motion must be properly made and the vote recorded by the City Clerk in open session at the time the Mayor reconvenes the City Council following its closed session. 2. The City Clerk's staff was requested to execute the agreement a few days after the July 29th closed session. The Deputy City Clerk properly declined to affix the Mayor's signature stamp nor the City Clerk's signature stamp once she learned the City Council action was informal and not a part of the open session. 3. From time to time staff of the City Clerk's Office is inadvertently requested to affix the Mayor and City Clerk's signature to documents which have not been approved by the City Council except informally in closed session. The Deputy City Clerk's process of verifying City Council action with City Council minutes avoids misuse of the Mayor and City Clerk's signature. In this instance the City Clerk's staff, after determining that there was not a motion to approve the document following the closed session, suggested that the agreement be placed on the August 5th agenda, which it was not. The City Attorney's reference to attendance by the City Clerk at closed sessions is inappropriate. The City Clerk properly does not attend closed sessions. I would be glad at any time to inform the City Council of the attendant legal ramifications of the presence of the City Clerk during closed sessions of City Council. The purpose of the City Clerk always remaining at her desk outside the closed session room is to be present when the meeting reconvenes, no matter how late, in order to record the City Council motion in the open session of Council. With Council permission I will begin inquiring if Council has an action to take upon recovening the Council meeting following each closed session. t).f) (Telephone: 714-536-5227)