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HomeMy WebLinkAboutBloom, Stanley - 1998-05-04OK916 In /7 Z_ Cm0RV e,0 .sa e U m e 4; •,TLr, a r+ar7DEN � 1 sND VW:N W .AADED MAIL TmS CEED AND. UNLESS OTHEAWSE SMO'Ma �0- MM ►' 7 Yl„ CT*T -CMT TA CONNIE BROCtcWAY CITY C:-ERK CITY OF HUNTINGTON BEACH http:Ihxww.ci.hundngton-beaCh.ca.US P O BOX 190 - 2000 N'IAIN STREET HUNTINGTON BEACH CA 92648 ,a" ~ fro lam- N6 A DES Q �J � Recorded in the County of Orange, California Gary L. Granville.Clerk/Recorder I l:Cal . Il ial11;!l1:1:IIiCllj; :.ill, . No Fee 004 8018369 0$9�8885MO 2:22pm 12/9/98 001 2 55 0.00 6.00 3.00 0.00 0.00 0,00 20.00 0.00 0.00 - -SAAG& Aauvt Irva rrrvc rum mcc,vrvrcn o v.r+_ TS80LEGAL (1-94) Quitclaim Deed G4 _ 5 �� S V&T ' � THE UNDERSIGNED GRANTOR(s) DECLARE(s) PCN DOCUMENTARY TRANSFER TAX 1S S 0 See Code 11921 ❑ unincorporated area ❑ City of� Parcel No. ❑ computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale, and FOP, A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RANDALL FOODS, INC., a Calif•,rnia corporation, successor in interest to: PACIFIC HERITAGE CORPORATION, a California corporation; HUNTINGTON PACIFICA II, a California general partnership; GATI ASSOCIATES, INC., a California corporation; URI GATT, an individual; AVIV GROUP, LTD., a California limited partnership; AVIV DEVELOPMENT CORPORATION, a California corporation; and PIERSIDE DEVELOPMENT, a general partnership, Twat->Jter Tt-Govemment Agency hereby REMISE, RELEASE AND FOREVER QUITCLAIM to: CSTY OF HUMIN -1 ON EEACH to efackway, C, Clerk HUNTINGTON BEACH REDEVELOPMENT AGENCY, a public entity, f /, � BY 6 the following described real property in the CITY OF HUNTINGTON BEACH, County of ORANGE, State ot` ^v�air� GityMark All of its right, title and interest in the following described Leasehold interest in the County of Orange, City of F!untin-!+on Heach, Srate. of California: That real property described in Exhibit "A" which is attached hereto, and by this reference, incorporated as though fully set forth herein; Dated S3AXLEY M. BL OM. President RANDALL FOODS, INC., a STATE OF CALIFORNIA] Califorrtia corporation COUNTY OF E 1= . j On before roe. o ary , ^snaTto, said tin and SLate. personally appear personalty known to rrA (or proved to me on the basis of satisfactory evidence) to be the pe n(s) whose rame(s) Ware subscribed to the within rnsrnrmen, 8ckn7.vk-d3r_J to ore C*t Zxrow.W'd tho se:r.d 011 his►herltheir authorized capacity(es), and that by hislherltheir signature(s) on the instmrnent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WETNESS riay hand and official seal Signature �$A. EVELYN�St�rl�N .. r �.. COMM' # It)59Q52 z z ° L Notary Public — CoiifomEa A LOS ANGELES COUNTY W Cpmm_ Expires JUN 23.1999 Thls darurnent (a soferyfrjrr"%f Ci-- C.103 anzI shoulci be rerjorelAcl R AIL TAX STATENIEIN IS TO PARTY SHOINN ON FOLLONMG LLNE; Ir NO PARTY SHOWN, I1IAIL AS DIRECTED ABOVE Name Suva Addmu 1 Cin & Sure 48125.1 67275170366 EXHIBIT "A" LEGAL DESCRIPTION That portion of Huntington Beach, County of Orange, State of California as shown on a map recorded in Book 3, Pago 36 of Miscellaneous Maps in the office of the County recorder of said county described as follows: Beginning at the centerline intersection of Pacific Coast Highway and Lake Street shown as ocean Avenue and First Street respectively on 6aid mentioned map; thence along the centerline of Pacific Coast Highway south 450 21' 42" east 37.50 f eet to the intersection with the southwesterly extension of. the southeast right of way line of Like Streetl`' thence south 41' 38' 18" west 50.00 feet to the true point of beginning; thence north 4a• 21' 42" West 1050.00 feet; thence south 41. 38' 18" vest 450.00 feet; thence south 48. 21' 42" east 230.00 feet; thence north 41• 38418" east 250.00 feet; thence north 480 21' 42" east 820.00 feet; thence north 41• 38' IS" east 200.00 feet to the true point of beginning.. _ Exclusive of the parcel of land the boundary being described as follows: Beginning at the centerline of intersection of Pacific Coast Highway and Main Street thence southerwesterly along the centerline of Pacific Coast Highway south 48• 21' 42" east 37.50 feet; thence south 41. 38' 18" west 141.00 feet to the true point of beginning; thence south 480 21' 42" east 136.00 feet; thence south 41• 38' 18" west 100.00 feet; thence north 48. 21' 42" west 136.00 feet; thence north 416 380 18" east 100.00 feet to the true point of beginning. � U Sections 4986. 49863 ASSESSOR OF ORANGE COUNTY and 4986 5 of the P.O. BOX 149 Revenue and Taxation SANTA ANA, CALIFORNIA 92702 Code 834.2933 REQUEST FOR CANCELLATION OF TAXES ON PROPERTY ACQUIRED BY PUBLIC AGENCIES The following information is necessary to evaluate the request for tax cancellation: 1. Name of Acquiring Public Agency: City of xunti g an Roach Redeyel opment A_van_ncy 2. Ownership of Property Acquired: O Fee Simple ® Less than Fee Simple: (please describe) 3. Assessor's Parcel Number: Tax Rate Area Code Number: 024 281=14—0!+-034 —. 4. Address: 5. Improvements Acquired: ❑ All ❑ None ❑ Portion: (please describe) 6. Recording Information: Book Page Doc. No. 19980851820 7. Effective Date of Cancellation: Recording Date ❑ Final Order of Condemnation ❑ Physical Possession ❑ Order of Immediate Possession ❑ Other: (please describe) ❑ Annexation Date: (give annex information) 8. Information furnished by: _ offtea_othe City Clerk Telephone:-536-5260 Assessor's Office Use: ❑ Request Approved ❑ Not Approved ❑ Referred to State Board of Equalization Reason Not Approved: ❑ Market Value of Remainder is Equal to or Exceeds the Market Value of the Parcel Prior to the Taking of the Easement. ❑ Other: (please describe) Worked by: 11 Approved: nata- ` `RTER A HADJEN U %^/ �o e 0/),) e1 i U P. RECOWED 4WL T►ttS DEED AND. uNLESs oTKEgwsE S -0m p W MAN TA4 ATAUMCNT Tn CONNIE BROCKWAY CITY CLERK CITY OF HUNTINGTON BEACH http://www.ci.hurGngton-be ach.ca.us P O BOX 190 - 2000 NIAIN STREET HUNTINGTON BEACH CA 92648 Recorded in the Catmty of orange, California llGar L. r,nvill �� a+jr ++jj+ No t .�I.'E111 .1,1 ,11I Illl.I,VI Clerk/Recorder �i� k/RocoiY�Q��� �� 1.�11 19980881819 2; 22pt 12/10/98 004 8018369 08 64 001 2 55 0.00 6.00 3.00 0.00 0.00 0.00 20.00 0.00 0.00 T 360 LEGAL (1-94) Individual Quitclaim Deed o� a _< OdIrI7921 THE UNDERSIGNED GRANTOR(s) DECLARE(s)DOCUMENTARY TRANSFER TAX 1S S 0 See RRT ❑ unincorporated area ❑ City of J�� Parcel No. a ❑ computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, STA%1_EY M. BLOOM, an individual, as successor in interest to: PACIFIC HERITAGE CORPORATION, a California corporation; HUNTINGTON PACIFICA 11, a California general partnership; GATI ASSOCIATES, INC., a California corporation; URI GAT[, an individual; AVIV GROUP, LTD., a California limited partnership; AVIV DEVELOPMENT CORPORATION, a California corporation; and PIERSIDE DEVELOPMENT, a general partnership, This document Is solely for tttb hereby REMISE, RELEASE AND FOREVER QUITCLAIM to: Of the Clty C0 a�iS^.:.i!�so,' 009 ch, op COntern- HUNTINGTON BEACH REDEVELOPMENT AGENCY, a public entity, P.r ed under G-C.arnrnent Cods 6103 end slzaul: be recdrdaac the following described real property in the CITY OF HUNTINGTON BEACH, County of ORARGE,5fa M.QjWrnia: All of its right, title and interest in the following described Leasehold interest in the County of Orange, City of Huntington Beach, State of California: That real property described in Exhibit "A" which is attached hereto, and by this reference, incorporated as though fully set forth herein; 46v�_ Dated A7 I,,, STANLEY M. B OOM, an individualI srrpfz8Ve7rt`ment A9 STATE of CALIFORNIA� CITY OF HUNTINOTON! DE COUY OF ORANGE S�.S NT� -Connie Brockway, City Ctert, On --sl before me. ( n r — 0 -ek— wolar, or sad u�o nYy[.—n� tale, personalty appear ti� u, _tit. • L-5 LeTa+Pr % personalty known to 4 (or proved to me on the basis of satisfactory evidence) to be the persons) whose narne(s) Ware subscribed to the within Instrument adcnawtedged to me that helshenney executed the same in hisPherliheir aL•thorized capacity(les). and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted. executed the Instrument. WITNESS mi hand and official seal Signature '•. EVELYN Z. CHEANE zz'-0', s . COMM. if1059452 2 Notary Public — Ca5tomio LOS ANGELES COUNTY My Cwrm. Expires JUN 23,1999 rnr, ra fir dreial IbAmw edi HL+►IL TAX STAT•E.NIEN-rS TO PARTY SiI0NIN ON FOLLONITgG LM; IF NO PARTY SrttMN, MAIL AS DIRECTED ABOVE Name Suva Add" i Ciry & Swe 48145.1 67275/70366 %• EXHIBIT "A" LEGAL DESCRIPTION That portion of Huntington Beach, County of Orange, State of California as shown on a neap recorded in Book 3, page 36 of Miscellaneous Maps in the office of the County recorder of said County described as followat Beginning at the centerline intersection of Pacific Coast Highway and Lake Street shown as Ocean Avenue and First Street respectively on said mentioned map; thence along the centerline of Pacific Coast Highway south 48. 21' 42" east 37.50 feet to the intersection with the southwesterly extension of. the southeast right of way line of Lake Streetr" thence south 41. 38' 18" west 50.00 feet to the true point of beginnings thence north 48. 21' 42" west 1050.00 feet; thence south 41. 38' 10" west 450.00 feet= thence south 48* 211 42" east 230.00 feet; thence north 41' 38018" east 250.00 feet; thence north 48. 21' 42" east 820.00 feet; thence north 410 38' 16" east 200.00 feet to the true point of beginning. _ Exclusive of the parcel of land the boundary being described as follows: Beginning at the centerline of intersection of Pacific Coast Highway and Main Street thence southerwasteriy along the centerline of Pacific Coast Highway south 480 210 42" east 37.50 'feet; thence south 41. 38' 18" west 141.00 feet to the true point of beginning; thence south 48. 21' 42" east 136.00 feet; thence south 41• 31B' 18" west 100.00 feet; thence north 48. 21' 42" west 136.00 feet; thence north 41. 36' 18" east 100.00 feet to the true point of beginning. 16 Sections 4986. 4966 3 �/ ASSESSOR OF ORANGE COUNT and 4986 5 of the P.O. BOX 149 Revenue and Taxation SANTA ANA, CALIFORNIA 92702 Code 834.2933 REQUEST FOR CANCELLATION OF TAXES ON PROPERTY ACQUIRED BY PUBLIC AGENCIES The following information is necessary to evaluate the request for tax cancellation: 1. Name of Acquiring Public Agency: City of -Huntington Beach R develo meat Agency 2. Ownership of Property Acquired: ❑ Fee Simple Q Less than Fee Simple: (please describe) 4v4tC1zim ilaed *�^ 569A _ 3. Assessors Parcel Number: 4, Address: Tax Rate Area Code Number: 5. Improvements Acquired: ❑ All ❑ None ❑ Portion: (please describe) 6. Recording Information: Book Page Doc. No. 1-998nsts, Q, o _ 7. Effective Date of Cancellation:. 12/ 10/98 E] Recording Date ❑ Final Order of Condemnation ❑ Physical Possession ❑ Order of Immediate Possession _ ❑ Other: (please describe) ❑ Annexation Date: (give annex information) 8. Information furnished by: offs ce of tLa— :ity Clara Telephone: Assessor's Office Use: ❑ Request Approved ❑ Not Approved ❑ Referred to State Board of Equalization Reason Not Approved: ❑ Market Value of Remainder is Equal to or Exceeds the Market Value of the Parcel Prior to the Taking of the Easement. ❑ Other: (please describe) Worked by: Approved: _ Date: u file Notes Office of the City Clerk Huntington Bech, CaCtfornta /3 'A7 - G _51.s fie"# r w1 PC/-/ \J . W41 27 L6],�L� + �' �V 'n COASr f 0CEAN AVE.1 3. /SsfC, W � 15 ' 1rr16M PACNFZ. •.a� .._ f .,., ,D 71-AS PPPPAFED FOR oNtIGE +C-0i) �{ Y A58ESSGR DEBT. PURPOSES Orli Y �;.rV f 1 MA71 0 NO S3VA[MEE AS i T �rg 25 J"a n �►l�r ��,,�,J r =400 �n !o 'mot. s o � HWY, s (OCEAN AVE.1 ,i. i2 AC. 18 17.51 AC. JS- I.ld OCEAN CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK Gary L. Granville, County Clerk -Recorder P. O. Box 238 Santa Ana, California 92702 CALIFORNIA 92648 Qvir�,rt;M Enclosed please find Deed NoAs .3b9 " (099 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, California 92648. Please return a conformed copy of the deed when recorded and to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CMC City Clerk urG98 . Enclosures: Easement Deed NoX c�b�� • F e ,� C,977.4SSW. AV,v r:If'aV/' Ariv d EYELO!'J}/f�'T� VL (�,�, �C/C�.a.� I�I�'zc. "G�e Cc�-� `-� ,ram ('c'r'°%`.0 a L•-� C � � . Mtephone: 714.536.52V) Am�' eh L' CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CALIFORNIA 92648 .99 J This is to certify that the interest in real property conveyed by the Deed dated August 31 1998 from Stanley M. Bloom, Pacific Heritage Corporation, Huntington Pacifica II , Gati Associates, Inc., Uri Gati, Aviv Group, Ltd., Aviv Development Corporation and Pierside Development, to the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic, is hereby accepted by the undersigned officer or agent on behalf of the Agency pursuant to the authority conferred by Resolution No. 278 of the Agency adopted October 21, 1996 and the grantee consents to the recordation thereof by its duly authorized officer. Dated: November 23, 1998 REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CLERK By. a putt/ Clerk 1 Telephone: 714-536-5227 ) -' RTER R HADDEN •NDNH£N RECORDED MAILTW S NEED AND, LALESS OTHERWISE SHOV1 % W1 CM YAII TaA ATAftuFNT M CONNIE BROCKWAY CITY CLERK CITY OF HUNTINGTON BEACH http:ltwww.cl.huntinglon-beach.ca.us P O BOX 190 - 2000 MAIN STREET HUNTINGTON BEACH CA 92S48 THIS LINE FOR T360LEGAL (1-94) Individual Quitclaim Deed THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX 1S S 0 See R&.T Code 11921 ❑ unincorporated area ❑ City of Parcel No. ❑ computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, STANLEY M. BLOOM, an individual, as successor in interest to: PACIFIC HERITAGE CORPORATION, a California corporation; HUNTINGTON PACIFICA II, a California general partnership; GATI ASSOCIATES, INC., a California corporation; URI GAT[, an individual; AVIV GROUP, LTD., a California limited partnership; AVIV DEVELOPMENT CORPORATION, a California corporation; and PIERSIDE DEVELOPMENT, a general partnership, This document is safely for thl, hereby REMISE, RELEASE AND FOREVER QUITCLAM.1 to: Q`; ? 1 b':w!:74SS of the Clio OF Contem- HUNTINGTON BEACH REDEVELOPMENT AGENCY, a public entity, Iw^C^untaer Co.r-rnme.1t Code Cats &.ad rhoul : be recorder the following described real property in the CITY OF HUNTINGTON BEACH, County of ORANG11,6fa[df. b1ifornia: All of its right, title and interest in the following described Leasehold interest in the County of Orange, City of Huntington Beach, State of California: That real property described in Exhibit "A" which is attached hereto, and by this reference, incorporated as though fully set forth herein; Dated .J STATE OF CALIFORNIA) COUNTY OF ORANGE 11 S.S. On .—. A"Ist before me. oErF �{�II or said County tate, persona y appear R.,r�3tst� _ M . 1-i I n1fw% personally known to mt (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within Instrument acknowledged to me that helsheRhey executed the same In his►her/their aLthorized capacxtyfies), and that by hisftrltheir signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted. executed fhe instrument. WITNESS mi hand and official seat Signature ST NLEY NI. B OOM, an individual p-x-txett'tff-G57ve-nttnent Av CITY aF HU?MN }70N DE Srockwsy, C)tN Clar!. EVELYN Z. CHERNE ` 01M COMM.� 1059a52 NotwPublic—Colifornla LOS ANGELES COUNTY Y C;,.rm. Expires JUN 23.1999 crhs am CC oftig mvjt l KA) MIL TAX STATE.NtLN-rS TO PARTY SI1OW% ON FOLLOMTNG LLNE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE Name Sum AG1rau city k Sate 48145.1 67275/10366 EXHIBIT "A" LEG&L DESCRIPTION That portion of Huntington Bach, County of Orange$ State of California as shown on a map recorded in Hook 3r page 35 of Miscellaneous leaps in the office of the County recorder of said county described as follows: Beginning at the centerline intersection of Pacific Coast Highway and Lake street shown as Ocean Avenue and First Street respectively on said mentioned maps thence along the centerline of Pacific Coast Highway south 48" 21' 42" east 37.50 f act to the intersection with the southwesterly extension of. the southeast right of way line of Lake Street' - thence south 41. 38' 18" west 50.00 feet to the true point of beginning; thence north 48" 21' 42" west 1050.00 feet; thence south 41• 38' 18" west 450.00 feet; thence south 48• 21' 42" east 230.00 feet; thence north 410 38918" east 250.00 feet; thence north 480 21' 42" east 820.00 feet; thence north 41. 38' 18" east 200.00 feet to the true point aE beginning. _ Exclusive of the parcel of land the boundary being described as follows: Beginning at the centerline of intersection of Pacific Coast Highway and Main Street thence southerwesterly along the centerline of Pacific Coast Highway south 48• 214 42" east 37.50 'teat; thence south 41. 38' 18" west 141.00 feet to the true point of beginnings thence south 48. 21' 42" east 136.00 feet; thence south 41• 38' 180, west 100.00 feet; thence north 48. 21' 42" west 136.00 feet; thence north 41. 381 18" east 100.00 feet to the true point of beginning. V CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CALIFORNIA 92648 10q q This is to certify that the interest in real property conveyed by the Deed dated August 31 1998 from Randall Foods, Inc., Pacific Heritage Corporation, Huntington Pacifica 11 , Gati Associates, Inc., Uri Gati, Aviv Group, Ltd., Aviv Development Corporation and Pierside Development, to the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic, is hereby accepted by the undersigned officer or agent on behalf of the Agency pursuant to the authority conferred by Resolution No. 278 of the Agency adopted October 21, 1996 and the grantee consents to the recordation thereof by its duly authorized officer. Dated: November 23, 1998 REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CLERK By. �. r �C Deputy Clerk ITetephone: 714-536-5227) hRTEK& HARDEN 39 AND WHEN RECORDED MA LINS DEED AND. UNLESS OT►rERWtSE SHOOAN P. C1 F% MA TA4 4T&TF&.Cy T/ CONNIE BROCKWAY CITY CLERK CITY OF HUNTINGTON BEACH f'rp:/lwww.ci.hunt ngton-beaCh.ca.us P O BOX 190 - 2000 MAIN STREET HUNTINGTON BEACH CA 92648 l,ot carom NO him. he T 360 LEGAL (1-94) Quitclaim Deed THIS LINE FOR RECORDER'S USE THE UNDERSIGNED GRAN'TOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS 5 0 See RRT Code 11921 ❑ unincorporated area ❑ City of� Parcel No. ❑ computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of w rich is hereby acknowledged, RANDALL FOODS, INC., a Calif-)mia corporation, successor in interest to: PACIFIC HERITAGE CORPORATION, a California corporation; HUNTINGTON PACIFICA ll, a California general partnership; GAT[ ASSOCIATES, INC., a California corporation; URI GATT, an individual; AVIV GROUP, LTD., a California limited partnership; AVIV DEVELOPMENT CORPORATION, a California corporation; and PIERSIDE DEVELOPMENT, a general partnership, Tex-lrxempt-Govemment Agency hereby REMISE, RELEASE AND FOREVER QUITCLAIM to: CITY OF MUN 1r111 tTON EACH HUNTINGTON BEACH REDEVELOPMENT AGENCY, a public entity, f /a C Clerk f�f the following described real property in the CITY OF HUNTINGTON BEACH, County of ORANGE, State oCC All of its right, title and interest in the following described Leasehold interest in the County of Orange, City of Hunting on Beach, State of California: That real property described in Exhibit "A" which is attached hereto, and by this reference, incorporated as though fully set forth herein; Dated J / & &I Iv (}' �— sTAKLEY NI. BL ONI. President RANDALL FOODS, INC., a STATE OF CALIFORNIAI California corporation COUNTY OF OE j S.S. On � 74� i? before me. Notary u ^ in a or say un a e, persona y appears r.personally known to nA (or proved to me on the basis of satisfactory evidence) to be the pe n(s) whose name(s) !stare subscribed to the within instrument acknowledged to me that helshelfty executed the same In his/her/their authorized eapakaty(les), 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. WITNESS ray hand and official seat Signature EVELYN Z. CHERNE COMMA. # 1059452 z z Notary Pwic — Cofifomia 2 LOS ANGELES COUNTY My Comm. EJVFSt JUN 23. IM T:tls d�otl„tett# Is solely fjr 61.4 ti'a ji?Z Oi►! :az contain- S= :. Fi"1 u.� c^�r)� shaLiltl �A t'a�;clrrlR� MAIL TAX STATF-X[E TS TO PARTY 5II011'.N ON FOLLO11M LLNT; IF TO PARTY 511011"N, MAIL AS DIRECTED AROVE Name -S&M AddMff Gay & Sure 49125.1 61275/70366 r EXHIBIT "A" LEGAL DESCRIPTION That portion of Huntington Beach, County of Orange, State of California as shown on a map recorded in Book 3, page 36 of Miscellaneous Maps in the office of the County recorder of said county described as follows: Beginning at the centerline intersection of pacific Coast Highway and Lake Street ehown as Ocean Avenue and First Street respectively on said mentioned Map; thence along the centerline of Pacific Coast Highway south 4B• 21' 42" east 37.50 fact to the intersection with the southwesterly extension of. the southeast right of way line of Lake Streetl`' thence south 41. 38' 18" west 50.00 feet to the true point of beginning; thence north 48. 21' 42" West 1050.00 feats thence south 41. 38' 18" vest 450.00 feett thence south 48' 21' 42" east 230.00 feet; thence_ north 410 38*18" east 25D.00 feet; thence north 480 214 42" east 820.00 feett thence north 41" 38' IS" east 200.00 feet to the true point of beginning. _ Exclusive of the parcel of land the boundary being described as follows Beginning at the centerline of intersection of Pacific Coast Highway and Hain Street thence aoutherwesterly along the cent*rlin* of Pacific coast Highway south 48• 214 42" east 37.50 feet; thence south 410 38' 15" west 141.00 feet to the true point of beginnings thence south 480 21' 42" east 136.00 feet; thence south 41• 38' 18" west 100.00 feet; thence north 480 21. 42" west 136.00 feet; thence north 41. 359 15" east 100.00 feet to the true point of beginning. g CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNMCION BEACH HAND DELIVERED To: CONNIE BROCKWAY, City Clerk From: ARTHUR DELALOZA, Deputy City Attorney Date: June 3, 1998 Subject: Bloom Quitclaim Deeds Attached hereto are the original approved quitclaim deeds for Plaintiff Bloom. (Dictated but not read.) ARTHUR DELALOZA Deputy City Attorney ADVab Attachments: Two Quitclaim Deeds dated 5/1198; approved as to form 7/31198 64 czc�er aC-ar fa,-wZ FZ76&a. .O � x N x CD � �n-per✓ (Z} �cc�.2! o�e �.;z. o 770Q/ .�- ie � /tee z w, ._.tea 7411 /te,, �Sdtemalbrockwy2 N Gyp ,t�N✓ of F u,�.� �� � tSa � / � ��� s cl � fie. V • CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION Connie Brockway, City Clerk Office of the City Clerk TO: Art De La Loza, Deputy City Attorney FROM: Connie Brockway, City Clerk DATE: June 8, 1998 SUBJECT: TWO DEEDS RELATIVE TO THE SETTLEMENT AGREEMENT WITH STANLEY BLOOM We are holding the processing of the Individual Quit Claim Deed and Quit Claim Deed relative to the Settlement Agreement Nvith Stanley Bloom (Bloom v. Redevelopment Agency) approved by the City Council on May 4, 1998 for infonnation from you. What is the status of the two deeds? g:cbmcmos198cbmem198-19mh LIE HB CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION TO: HONORABLE CHAIRMAN and MEMBERS OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY FROM: GAIL HUTTON, Agency Counsel DATE: May 4, 1998 SUBJECT: Report of Action Taken at Closed Session Bloom v. Redevelopment Agency OCSC Case No. 6713 06 or Fourth District Civ. No. G015412 Pursuant to statutory obligation for the legislative body to comply with Brown Act requirements by a "Report of Action Taken" in closed session (Government Code §5495.1(a), (3), (B)): PLEASE ANNOUNCE THAT: The Huntington Beach Redevelopment Agency, in closed session on May 4, 1996, by a vote of 7-0, authorized settlement of this case in the sum of $2,070,000. GAIL HUTTON City Attorney GHlab c: Ray Silver, City Administrator City Clerk q.-WosedVeportWoom U L) CounciUAgency Meeting Held: 7rred/Continued to: Approved ❑ Conditionally Approved ❑ Denied PBA&2ity Clerk's Signature Council Meeting Date: May 4, 1998 Department ID Number: CA 98-11 CITY OF HUNTINGTON BEACH REQUEST FOR REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE CHAIRPERSON AND REDEVELOPMENT AGENCY 1Ij11�ERs SUBMITTED BY:f11'GAI UTTON, City Attorney PREPARED BY: eGA1L HUTTON, City Attorney SUBJECT: APPROVAL OF SETTLEMENT AGREEMENT, BLOOM v. RFDEVFLOPMFNT AGENCY OCSC CASE NO. 67 13 06 Statement of Issue, Funding Source, Recommended Action, Attemative Action(s), Analysis, Environmental Status, Attachment s Statement of Issue: To approve the Settlement Agreement with Plaintiff Bloom in the above -entitled matter. Funding Source: Redevelopment Agency Unappropriated Fund Balance. Recommended Action: 1. Approve the Settlement Agreement between Plaintiff Bloom and the Redevelopment Agency of the City of Huntington Beach, and authorize the Chairperson and Agency &A- —, SeeFetar to execute and attest respectively. 2. Appropriate the sum reflected therein for payment to the Plaintiff pursuant to the terms and conditions set forth in the Agreement. Alternative Action(: Do not approve the contract and go to trial set for May 6, 1998. REQUEST rOR REDEVELOPMENT AGENCY ACTION MEETING DATE: May 4, 1998 DEPARTMENT ID NUMBER: CA 98-11 Analysis: Pursuant to authority granted by the Redevelopment Agency in Closed Session, the attached Settlement Agreement has been prepared by the parties and is submitted for your formal approval. Environmental Status: Not Applicable Attachment(s): RCA Author: Art DeLaLoza 98-11.DOC -2- 04/28/98 3:51 PM AGREEMENT This settlement agreement (the "Agreement") is made and entered into by and between the HUNTINGTON BEACH REDEVELOPMENT AGENCY, a public body ("AGENCY")and STANLEY M. BLOOM, an individual ("BLOOM"), for the benefit of the parties hereto. R E C I T A L S This Agreement is entered into with reference to the following facts: A. On or about November 20, 1986, the AGENCY entered into a written lease with Pier Side Development (the "Lease"), a general partnership, for the development of a restaurant and retail project located on the ocean side of Pacific Coast Highway in the vicinity of the Huntington Beach Pier in the City of Huntington Beach (the "Project"). At the time of the signing of the Lease, BLOOM owned a partial interest in the Pier Side Development partnership. Subsequent thereto, BLOOM purchased the interests of his partners in this venture and became the successor to all right, title and interest held by Pier Side Development in the real property which is the subject of the Lease. B. On about September 4, 1991, the AGENCY terminated the Lease. Pursuant thereto, on October 15, 1991, BLOOM filed an action in the Orange County Superior Court entitled Stanley M. Bloom v. The Redevelopment Agency of the city of Huntington Beach, Orange County Superior Court Case No 671306 ("Civil Action 671306"). C. It is now the intention and desire of the parties hereto, to settle, compromise and resolve, in good faith, all outstanding issues concerning the Lease, the Project and/or Civil Action 671306. NOW, THEREFORE, in consideration of the covenants and promises hereinafter set forth, the parties hereto agree as follows: 1. Monetary Consideration. 1.1 On or before May 15, 1998, the AGENCY shall make payment to BLOOM in the sum of $2,064,000.00 by wiring said funds to the Hillel Chodos Client Trust Account pursuant to the following wiring instructions: 48097.1 68135/73789 Bank name: Union Bank of California 9401 Wilshire Boulevard 6"' Floor Beverly Hills, CA 90212 Routing #: 122000496 Account Name: Hillel Chodos Trust Account Account #: 032-0078229 1.2 On or before May 15, 1998, the AGENCY shall make payment to the City of Huntington Beach ("CITY") in the sum of $6,000.00, which shall be utilized to satisfy the cost judgment entered against BLOOM in Civil Action 671306. 2. Dismissal of Ligation. 2.1 BLOOM hereby irrevocably authorizes and directs Hillel Chodos and Deborah Chodos, his attorneys of record, to execute and file with the Court within five (5) days of receipt of the payment described above, a Request for Dismissal with prejudice of the entire action as to all parties in Civil Action 671306. BLOOM irrevocably authorizes Hillel Chodos and Deborah Chodos to execute said Request for Dismissal on his behalf. 2.2 On or before May 15, 1999, the AGENCY will provide to BLOOM an original, notarized acknowledgement of satisfaction of judgment, duly executed by the CITY, of the CITY'S cost judgment in Civil Action 671306. 3. Release of Leasehold Interest Concurrently upon execution of this Agreement, BLOOM shall provide to the AGENCY a full release of all right, title, and interest which BLOOM has to the property which is the subject of the Lease. These quitclaim deeds shall be substantially in the form attached hereto as Exhibits "A" and "B" to this Agreement. 4. Release. 4.1 Ownership of Released Matters. BLOOM and the AGENCY hereby warrant and represent that they are the sole and lawful owners of all rights, title and interest in and to all "Released Matters," as hereinafter defined, and that they have not heretofore assigned or transferred or purported to assign or transfer to any other person any released matters or any part or portion of any "Released Matters." "Released Matters" are defined in Paragraphs 4.2, 4.3 and 4.4 below. 48097.1 68135/73789 :WM BLOOM and the AGENCY waive and relinquish any and all rights and benefits which they may have under, or which may be conferred upon them by the provisions of § 1542 of the California Civil Code, to the fullest extent that they may lawfully waive such rights or benefits pertaining to the subject matter of the releases provided in Paragraphs 4.2 and 4.3 above. In connection with such waiver and relinquishment, BLOOM, the AGENCY, hereby acknowledge that they are aware that their attorneys may hereafter discover claims or facts in addition to or different from those which they now know or believe to exist with respect to the subject matter of the releases provided in Paragraphs 4.2 and 4.3 above, but that it is the intention of BLOOM and the AGENCY to hereby fully, finally and forever settle and release all of the disputes and differences between BLOOM, the AGENCY and the CITY, whether known or unknown, suspected or unsuspected, which concern, arise out of or are in any way connected with the Lease, the Project and/or Civil Action 671306. In furtherance of such intentions, the releases herein given shall be and remain in effect, notwithstanding the discovery or existence of any such additional different claims or facts. 5. Com romise. This Agreement and the releases contained herein affect the compromise and settlement of disputed and contested claims and nothing contained herein shall be construed as an admission by any party hereto of any liability of any kind to any other party. Each party hereby expressly denies that it is in any way liable or indebted to any other party to this Agreement. 6. Cooperation. BLOOM and the AGENCY agree to execute, acknowledge and deliver such further and additional instruments, documents and other items as shall be required or appropriate to implement, confirm or perfect the provisions and intentions of this Agreement. 7. Breach or Failure to Perform. The obligations of each of the parties hereunder are expressly conditioned upon the performance of the obligations of the other parties hereunder. 8. Benefit and Burden. This Agreement shall be binding upon and shall inure to the 48097.1 68135/73789 4 n n benefit of the parties hereto and their heirs, executors, administrators, representatives, successors, assigns, agents, servants, employees, attorneys, predecessors, assignors, officers, directors, shareholders, partners, parent companies, subsidiary companies and affiliates. 9. Attorneys' Fees and Costs. BLOOM and the AGENCY agree that each party shall bear its own attorneys' fees and costs incurred in connection with the Lease, the Project and/or Civil Action 671306. 10. Waiver and Amendment. No breach of any provision hereof can be waived unless in writing. Waiver of any one breach shall not be deemed to be a waiver of any other breach of the same or any other provisions hereof. This Agreement may be amended only by a written agreement executed by the parties in interest at the time of the modification. 11. Governing Law. This Agreement and any other documents referred to herein shall be governed by, construed and enforced in accordance with the laws of the State of California. 12. Entire Agreement. All agreements, covenants, representatives and warranties, express and implied, oral and written, of the parties hereto concerning the subject matter hereof are contained herein. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any party hereto to any other party concerning the subject matter hereof. All prior and contemporaneous conversations, negotiations, possible and alleged agreements, representations, covenants and warranties concerning the subject matter hereto are merged herein. This is an Integrated Agreement. 13. Construction. Each party and counsel for each party have reviewed and revised this Agreement, and the normal rule of construction to the effect that any ambiguities in this Agreement are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. 48097.1 68135/73789 - 5 - 14. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties at such time as all of the signatories hereto have signed a counterpart of this Agreement. All counterparts so executed shall constitute one Agreement binding on all the parties hereto, notwithstanding that all parties hereto shall sign a sufficient number of counterparts so that each party will receive a fully executed original of this Agreement. 15. Understanding. The parties hereto, and each of them, represent, warrant and agree as follows: 15.1 They have received independent legal advice from their attorneys with respect to the advisability of making the settlement provided for herein with respect to the advisability of executing the Agreement; 15.2 They have made such investigation of the facts pertaining to the settlement and the release of all matters pertaining hereto as they deem necessary or desirable. 15.3 That each person signing this Agreement on behalf of a party has the requisite power and authority to sign on behalf of such party and that when this Agreement is so executed and delivered, it will be a binding obligation of, and enforceable against, such party in accordance with its terms. 16. Voluntary Agreement. The parties hereto, and each of them, further represent and declare that they have carefully read this Agreement and know the contents thereof and that they sign the same freely and voluntarily. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year written below. DATED: 48097.1 68135/73789 STANLEY M. BLOOM, an individual BY n' go,", Stanley M. Bloom =� DATED: .S V-9 ATT&ST: 011�1I Bri5scMay, Agency Clerk REVIEWED AND APPROVED: Execu a Director HUNTINGTON BEACH REDEVELOPMENT AGENCY, a public body VS irley et lof , rperson APPROVED AS TO FORM: 51- 21, i&� A e cy Attorney .s' a; INITIATED AND APPROVED: AQe-npy Counsel s-1'4t APPROVED AS TO FORM AND CONTENT: DATED: ` 7� DATED • S TM HILLEL CHODOS DEBORAH CHODOS 4a'l� "51.� -..*" Attorneys for Plaintiff Stanley M. Bloom ARTER & HADDEN LLP JAC W. FLEMING JOSE H J. NARD LI W , A-eE orneys De endant HUNTINGTON B AC REDEVELOPMENT AGENCY 48097.1 68135/73789 7 - - aRTER a l-laOCErt ANO V.F EN REGOR= WAIL TMS OEM AN0. UNLESS OT ERVAM SMOwN BELOW wm TAs STArL%*NT TQ CONNIE BROCKWAY CITY CLERK CITY OF HUNFINGTON BEACH httpJ/www.el.hunbngton-beach.ca.us P O BOX 190 - 2000 MAIN STREET HUNTINGTON BEACH CA 92648 SPACE ABOVE THIS UHE FOR T3E:. u(1-94) Individual Quitclaim Deed THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCLUENTARY 77-kNSFER TAX [S S d See R&T Code 11921 ❑ unincorporated area ❑ City of Parcel No. ❑ computed on full value ofproperty conveyed, or ❑ computed on full value less value of urns or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ay1EY M. BLOOM, an individual, as successor in interest to: PACIFIC HER.IT'AGE CORPORATION, a California corporation: HU-rNGTON PACIFICA II, a California general partnership; GAIT ASSOCIATES, INC., a California corporation; URI GATI, an individual; AV GROUP, LTD.. a California limited partnership; AVIV DEVELOPMENT CORPORA770N, a California corporation; and PIERSIDE DE ::.OPIvMW, a genera[ partnership. he. REMISE, RELEASE AND FOREVER QUITCL.ALM to: tiTINGTON BEACH REDEVELOPMENT AGENCY, a public entity, th, .: awing described real property in the CITY OF HUNIZNGTON BEACH, County of ORANGE, State of California: A' ' its right, title and interest in the following described Leasehold interest in the County of Orange. City of Huntington Beach, State of Q :mia: T real property described in Exhibit "A" which is attached hereto, and by this reference, incorporated as though fully set forth herein; C A S :TE OF CALIFORNIAST'ANLEY M. BLOOM, an individual C ;NTY OF ORANGE J S.S. C b• -2 rne. X7 : ary n appe pe- ..2rany known to me (or proved to me on the tw" of satistacrory er •nce) to be the pwsaXs) wtwse rw*s) ie &M a bscrind to to wd n ins• . ment advx wledgW to me that hdstmVW axscuted the same it h6&-!NU1err aulhwmed capeQly WQ. and dmd by haftwAhw sigrwAge(s) an the -strwrwt the person(:). or ttw entity upon beW of wtkh the persons) ace . executed the k ntll rail. wl-' ESS my hand and otllpar seal Sir. . M (Tk on IN OffWA rural woe MAIL TAX STATE'VTS TO PARTY SEIOwY ON FOLE O%ING LLN'4 Er NO PARTY SHO WM, MAIL AS butECI7 D ABOVE Nrm SWM Ad&M CMf A 3a +at+s.I EXHIBIT "A" 67275170366 1 EXHIBIT "A" LEGAL DESCRIPTION That portion of Huntington Beach, County of Orange, State of California as shown on a map recorded in -Book 3, page 36 of Miscellaneous Maps in the office of the County recorder of said county described as follows: Beginning at the centerline intersection of pacific Coast Highway and Lake Street shown as Ocean Avenue and First Street respectively on said mentioned map; thence along the centerline of Pacific Coast Highway south 48. 21' 42" east 37.50 feet to the intersection with the southwesterly extension of. the southeast right of way line of Lake Street thence south 41. 38' 18" west 50.00 feet to the true point of beginning; thence north 480 21' 42" west 1050.00 feet; thence south 41. 381'18" west 450.00 feet; thence south 48. 21' 42" east 230.00 feet; thence north 410 38118" east 250.00 feet; thence north 48. 21' 42" east 820.00 feet; thence north 410 38' 18" east 200.00 feet to the true point of beginning. _ Exclusive of the parcel of land the boundary being described as follows: Beginning at the centerline of intersection of Pacific Coast Highway and Main Street thence southerwesterly along the centerline of Pacific Coast Highway south 48. 21' 42" east 37.50 feet; thence south 41. 380 18" west 141.00 feet to the true point of beginning; thence south 480 21' 42" east 136.00 feet; thence south 41' 38' 18" west 100.00 feet; thence'north 48. 21" 42" west 136.00 feet; thence north 41. 38' 16" east 100.00 feet to the true point of.beginning. ARTER a HACCEN i 1 ENO %64EM REGORGED w4 TNS D= ANQ UNLESS OTT JWM SOW BELOW- MAIL TAB STATEMEW TO: CONNIE BROCKWAY CITY CLERK CITY OF HUNTiNGTON BEACH http:!lwww.d.huntington-beach.ca.us P O BOX 190 -2000 MAIN STREET HUNTINGTON BEACH CA 92648 ru "RVEW3 T 960 LE L (1-94) Quitclaim Deed :: fE U I)ERSIGNED GRANTOR(s) DECLARE(s) DOCUNIENi ARY TRANSFER TAX IS S a See R&T Code 11921 ❑ unincorporated area ❑ City of Parcel No. ❑ computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale. and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RA: aLL FOODS, INC., a California corporation. successor in interest to: PACIFIC HERITAGE CORPORATION, a California torpor n; HUNTTNGTON PACIFICA II, a California general partnership; GATI ASSOCIATES, INC., a California corporation; URl GATT; in ind: :ua); AVIV GROUP, LTD.. a California limited partnership; AVIV DEVELOPN ZNT CORPORATION, a California corporation; and PIERS . DEVELOPMENT, a general partnership, hcmkb - NUSE, RELEASE AND FOREVER QUITCL4IIM to: HL NGTON BEACH REDEVELOPMEYP AGENCY, a public entity. the fos' ng described real property in the CITY OF HUNT INGT'ON BEACH, County of ORANGE, State of California: All of right, title and interest in the following described Leasehold interest in the County of Orange, City of Huntington Beach, State of Califc. � That r- 2roperty described in Exhibit "A" which is attached hereto, and by this reference, incorporated as though fully set forth herein; Dater: STA Z- :F CAUFORNLAI COUW • OF ORANGE J S.S. On _ before .4. bras -fir [ ._:�...� M person-- y Known to me (or proved to me on the basis of ssustaclory evidw% -, to be the pwson(s) whose nan*s) slam subscribed to the within irutr a 1 adunowiedged to me that halshw1ey exaarted the same In trsMtwr w suMormed eapacity(mes), and that by hsAterlthee signatures) on the irutr --wd the person(&). or the entity upon behad of whech the parson(&) acted. • -2ted the iratnrnartt. STANLEY M. BLOOM, Preside= RANDALL FOODS. INC.: a California Corporation WITNE -Any hand and official wal Signat,• cn..+ ur air mane wm4 %t4] L TAX STATE�MfM TO PARTY SHOWN ON FOtLOWLNG LXNE; IF NO PARTY SHOWN, MAM AS DatW= ABOVE Mm Sued Ajdrma City a so" EXHIBIT "B" �fit.25.1 - 67275/70366 EXHIBIT "A" LEGAL DESCRIPTION That portion of Huntington Beach, County of orange, state of Ta2ifornia as shown on a map recorded in Hook 3, page 36 of U scallansous Xape in the office of the County recorder of :aid county described as follows: Beginning at the centerline intersection of Pacific Coast Highway and Lake Street shown as Ocean Avenu* and First street respectively on said mentioned map= thence along the centerline of Pacific Coast Highway south 480 21' 42" east 37.50 feet to the intersection with the southwesterly extension of. the southeast right of way line of Lake Streetr thence south 41. 38' 18" west 50.00 feet to the true point of beginning; thence north 480 210 42" west 1050.00 feet; thence south 41. 38' 13" west 450.00 feat; thence south 48. 21' 42" •sat 230.00 feet; thence_ north 410 38118" east 250.00 feet; thence north 489 21' 42" east 820.00 feet; thence north 41• 381 18" east 200.00 feet to the true point of beginning. _ fxclu sive of the parcel of land the boundary being described is follows: Beginning at the centerline of intersection of Pacific Coast Highway and gain Street thence southerwesterly along the Centerline of Pacific Coast Highway south 48. 21' 42" east 37.50 feet; thence south 41. 38• la" west 141.00 feet to the true point of beginning; thence south 46' 214 42" east 136.00 feet; thence south 41• 38' 26" west 100.00 feet; thence north 48. 21. 42" west 136.00 feet; thence north 41. 39' id" east 100.00 feat to the true point of beginning. ARTER & HADDENLLP ATTOR14LYS AT LAW In CaVornW Los Angeles San Diego San Finadsco j6Ya ed 1843 jstnbome Centcr Fin Puk Plus I Suite 1000 Irvine. Califomia 92614-8528 714/252.7500 tekMaxt 7141M9604 faaisik April 30, 1998 Deborah Chodos, Esq. Law Offices of Deborah Chodos 12400 Wilshire Boulevard Suite 400 Los Angeles, CA 90025-1023 Ocher offica in: Cleveland Columbus DaUu wash von, D-G Direct Dial. (1141 12-2135 Internet$ dYlewingearterhadden.cow Re: Bloom v. The City of Huntington Beach, et al. Dear Deborah: Enclosed please find threes originals of the settlement agreement for execution by Mr. Bloom. S have also enclosed an original of the quitclaim deeds for your client's signature. Please have these documents signed and delivered to my office by the end of the day tomorrow. Thank you for your cooperation in this matter. Very truly yours, ack W. Fleming JWF:lkf/tr Enclosures 432S4.12 6113$%73799 1R1ER&HADD1:.Nur U Deborah Chodvs, Esq. April 30, 1998 Page 2 bcc: City of Huntington Beach, (w/enclosure) 43254.12 458135\73799 F& AGREEMENT This settlement agreement (the "Agreement") is made and entered into by and between the HUNTINGTON BEACH REDEVELOPMENT AGENCY, a public body ("AGENCY")and STANLEY M. BLOOM, -an individual ("BLOOM"), for the benefit of the parties hereto./ R E C I T A L S This Agreement is entered into with reference r he following facts: A. On or about November 20, 1986, the AGE' Y entered into a written lease with Pier Side Development {the Lease"), a general partnership, for the development/inthe staurant and retail project located on the ocean sidefic Coast Highway in the vicinity of the Huntington Beach the City of Huntington Beach (the "Project"). At thmef the signing of the Lease, BLOOM owned a partial interes pier Side Development partnership. Subsequent th OOM purchased the interests of his partners in this vent re and became the successor to all right, title and-int rest held by Pier Side Development in the real property wh h is the subject of the Lease. B. On about September 4, 991, the AGENCY terminated the Lease. Pursuant thereto, on Oc ober 15, 1991, BLOOM filed an action in the Orange County Su erior Court entitled StanleyM. Bloom v. The Redevelopment R nc of the City of Runtin ton Beach, orange County Superr o Court Case No 671306 ("Civil Action C. It is now the i tention and desire of the parties hereto, to settle, comer mi.se and resolve, in good faith, all outstanding issues cone rning the Lease, the Project and/or Civil Action 671306. NOW, THEREFORE in consideration of the covenants and promises hereinaft r set forth, the parties hereto agree as follows: 1. Monetary nsideration. 1.1 On r before May 15, 1998, the AGENCY shall :Hake payment to B OOM in the sum of $2,064,000.00 by wiring said funds to the Hill 1 Chodos Client Trust Account pursuant to the following iring instructions: r 49097.1 6R17S/73789 WJ Bank name: Routing #: Account Name: Account #: Union Bank of 9401 Wilshire 6"" . Floor Beverly Hills, 122000496 Hillel Chodos 032-0078229 W, California Boulevard CA 90212 Trust Acco 1.2 on or before May 15, 1998, the AGENCY sh payment to the City of Huntington -Beach ("CITY") $6,000,00, which shall be utilized to satisfy th, entered against BLOOM in Civil Action 671306. / 2. Dismissal of Litigation. 1 make n the sum of cost judgment 2.1 BLOOM hereby irrevocably authorises and directs Hillel Chodos and Deborah Chodos, his attorneys f record, to execute and file with the Court within five (5) ays of receipt of the payment described above, a Request for ismissal with prejudice of the entire action as to all parties in Civil Action 671306. BLOOM irrevocably authorizes Hillel C dos and Deborah Chodos to execute said Request for Dismissal o=s behalf. 2.2 On or before May 15, 1998; the AGENCY will provide to BLOOM an original, notarized ackno ledgement of satisfaction of judgment, duly executed by the Ci , of the CITY'S cost judgment in Civil Action 671306. 3. Release of Leasehold Interest Concurrently upon executn of this Agreement, BLOOM shall provide to the AGENCY a full release of all right, title, and interest which BLOOM has to the property which is the subject of the Lease. These quitclaim deeds shall be substantially in the form attached hereto as ExKibits "A" and 110" to this Agreement. 4. Release. 4.1 Ownership -of Released Matters. BLOOM and the AGENCY hereby warrant and represent that they are the sole and lawful owners of all rights, title and interest in and to all "Released Matters," as hereinafter defined, and that they have not heretofore assigned or transferred or purported to assign or transfer to any other person any released matters or any part or portion of any "Released Matters." "Released Matter" are defined in Paragraphs 4.2, 4.3 and 4.4 below. 48097.1 68135/73709 2 .4. 11 1 .. . . t 4.2 Release of the AGENCY and the CITY by BLOOM. In consideration for the payment described herein, and' except for the obligations incurred under this Agreement,/BLOOM, for himself and for his respective heirs, legal success 1rs, assigns, grantees, agents, representatives, insurance carriers, attorneys, officers, directors, partners, employees, and associates, does hereby forever discharge the AGENCY,/ the CITY and any and all of their respective agents, servants, employees, attorneys, representatives, predecessors, successor's, assigns and assignors, officers, directors, -Agency and City C(duncil members, affiliates, subsidiaries, and,any and all entities in which the AGENCY and the CITY hold an ownership interest,and each of them, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, attorneys' fees,; expert witness or consultant fees, damages, interest, losses and liabilities of whatsoever nature, character or kind, whether known or unknown, suspected or unsuspected, matured. or contingent, which concern or relate in any way to the Lease, the Project and/or Civil Action 671306. r a 4.3 Release of BLOOM by the,AGENCY. In consideration for the release/'described herein, and except for the obligations incurred under this Agreement, the AGENCY, for itself and for its respective heirs, legal successors, assigns, grantees, agents, representatives, insurance carriers, attorneys, officers, directors, employees, and associates, does hereby forever dirscharge BLOOM, and any and all of his respective agents, servant/s, employees, attorneys, insurance carriers, representatives, predecessors, successors, assigns and assignors, and eachlof them, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, attorneys' fees, expert witnes/s or consultant fees, damages, interest, losses and liabilities of whatsoever nature, character or kind, whether known or unknown, suspected or unsuspected, matured or contingent, which/concern or relate in any way to the Lease, the Project and/or C;%vil Action 671306. 4.4 General Releaseiof Cavil Code § 1542. i BLOOM and the AGENCY acknowledge that they are familiar with § 1542 of the Civil Code of the State of California which provides as follows: "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." 48097.1 68135/73799 L - 3 - BLOOM and the AGENCY waive and relinquish any and all rights and benefits which they may have under, or which may be conferred upon them by the provisions of 5 1542 of the California Civil Code, to the fullest extent that they may lawfully waive such rights or benefits pertaining to the subject matter of the releases: provided in Paragraphs 4.2 and 4.3 above. In connec ion with such waiver and relinquishment, BLOOM, the AGENCY, her by acknowledge that they are aware that their attorneys.may hereafter discover claims or facts in addition to or different from those which they now know or believe to exist with respect to the subject matter of the releases provided in Paragraphs 4.2 and 4.3 above, but that it is the intention of BLOOM'and:the AGENCY to hereby fully, finally and forever settle aid release all of the disputes and differences between BLOOM, the AGENCY and the CITY, whether known or unknown, suspected or unsuspected, which concern, arise out of or are in any way connected with the Lease, the Project and/or Civil Action 971306. In furtherance of such intentions, the releases herein given shall/be and remain in effect, notwithstanding the discovery or existence of any such additional different claims or facts. S. Compromise. This Agreement and the releases contained herein affect the compromise and settlement of disputed and contested claims and nothing contained herein shall be construed as an admission by any party hereto of any liability of any,kind to any other party. Each party hereby expressly denies that it is in any way liable or indebted to any other party to this Agreement. 6. Cooperation. BLOOM and the AGENCY agree to execute, acknowledge and deliver such further and additional instruments, documents and other items as shall be required or/appropriate to implement, confirm or perfect the provisions and intentions of this Agreement. 7. Breach or Failure to Perform. The obligations of each of,the parties hereunder are expressly conditioned upon the performance of the obligations of the other parties hereunder.` 8. Benefit and Burden. This Agreement shall be binding upon and shall inure to the r 46057.1 68135/73789 - 4 - ,54''. -i11 -'I:: i,", - - - - a r,, r or) VL benefit of the parties hereto and their heirs, executors, administrators, representatives, successors, assigns, agents,' servants, employees, attorneys, predecessors, assignors, officers, directors, shareholders, partners, parent companies, subsidiary companies and affiliates. 9. Attorneys' Fees and Costs. BLOOM and the AGENCY agree that each party,shall bear its own attorneys' fees and costs incurred in connection with the Lease, the Project and/or Civil Action 671306 t 10. Waiver and Amendment. No breach of any provision hereof can be waived unless in writing. Waiver of any one breach shall/not be deemed to be a e o waiver of any other breach of the samr any other provisions hereof. This Agreement may be amended/only by a written agreement executed by the parties in interest at the time of the modification. 11. Governing Law. This Agreement and any other documents referred to herein shall be governed by, construed/and enforced in accordance with the laws of the State of California. 12. Entire Agreement. All agreements, covenants, representatives and warranties, express and implied, oral and written, of the parties hereto concerning the subject matter hereof are contained herein. No other agreements, covenants, representations or warranties, express or implied, oral/ or written, have been made by any party hereto to any other party concerning the subject matter hereof. All prior and contemporaneous conversations, negotiations, possible and alleged agreements, representations, covenants and warranties concerning -the subject matter hereto are merged herein. This is an Integrated Agreement. 13. Construction. Each party and counsel for each party have reviewed and revised this Agreement, and the normal rule of construction to the effect that any ambiguities in this Agreement are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. 48097.1 Bi135/93789 5 .. r 14. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties at such time as all of///the signatories hereto have signed a counterpart of this Agreement. All counterparts so executed shall constitute one Agreement binding on all the parties hereto, notwithstanding that,all parties hereto shall sign a sufficient number of.counterparts so that each party will receive a fully executed original° of this Agreement. 15. Understanding. The parties hereto, and each of them, represent, warrant and agree as follows: 15.1 They have received independent legal advice from their attorneys with respect to the advisability of making the settlement provided for herein with respect to the advisability of executing the Agreement; 15.2 They have made such investiglation of the facts pertaining to the settlement and the release of all matters pertaining hereto as they deem necessary or desirable. 15.3 That each person signingithis Agreement on behalf of a party has the requisite power and/authority to sign on behalf of such party and that when this Agreement is so executed and delivered, it will be a binding obligation of, and enforceable against, such party in accordance with its terms. 16. Voluntary Agreement. The parties hereto, and/each of them, further represent and declare that they have carefully read this Agreement and know the contents thereof and that they sign the same freely and voluntarily. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date/and year written below. f DATED: 48097.1 68135/7378! STANLEY M. BLOOM, an individual By: Stanley M. Bloom 6 - v HUNTINGTON BEACH REDEVELOPMENT AGENCY, a public body DATED: SHirley Dett o , Chairperson ATTEST: APPROVED AS TO FORM: J' i J Connie Broc way, A ency Attorney Agency Clerk REVIEWED AND APPROVED: INITIATED'AND APPROVED: / Executive Director Agency Counsel APPROVED AS TO FORM AND CONTENT:' HILLEL CHODOS / DEBORAH CHODOS DATED: DATED: 49097.2 69135/73789j' Attorneys for—Plaintif Stanley M. Bloom ARTER & HADDEN LLP JACK W. FLEMING JOSEPH J. NARDULLZ Attorneys or Defendant HUNTINGTON BEACH REDEVELOPMENT AGENCY MM ARTER b MAODEN .►o wrEN AECCROW WAL Hero can qua). UKEW otWxw�f" Mcw. MA& TAN 314 .MWNr T* ► wo C41 FMmm Eq. Catr Aftwrwy S"O CayAarW501Wfi A",%U 2= MM G"d Cp b 6afd� Staff. CaftrAm zo gam T-0OrsNa R g ma - SPACE ABOVE 73SS LIME FOR PtECORDEW3 USE T3WLEG&(I-W) Individual Quitclaim Deed THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS S 0 See R&T Coda 11921 ❑ _ unincaV atod atma ❑ City of Faltxl No. ❑ computed on full value of property conveyed, or 13 computed oa &H V" Im value of iieos or coc mbmmm mmain7mg at tune of sole, and FOR A VALUABLE CONSIDERATION, receipt of which is hcrzhy acknowledged, STANLEY M. BLOOM. an individual, as successor in interest to: PACIFIC HERITAGE CORPORATION, a California corporation; HUNTINGTON PACIFICA II, a California gcaerd parttxnhip; GATT ASSOCIATES, INC., a California aorpo:rtion; URI GATI, an individual; AVIV GROUP, LTD., a California 11raited patmmWp; AVIV DEVELOPMENT CORPORATION, a California oorporation; and PIERSIDE DEVELOPMENT, a mmeful pammhip. hereby REMISE. RE EAM AND FOREM QUITCLAIM to; HYJIJTINOTON BEACH RIEVELOPMWr AGENCY. it Public entity, the following described =l property in the CITY OF H11NTMTON BEAM County of ORANGE, Stan of Calif xn!L' All of its sight, title and interest in the following described Leasehold iotwzt in tt a County of Oranga City of l lummgtoa Beach, State of California: That real property described In F.xtubit "A" which is attached har to, and by this rt fac=6 incorpotatad as though fully set LIB herald; Dazed SYANLEY M. BLOOM, an WdivkkW STATE OF CALFORNW COUNTY OF OF ANGE I&S On bob n*. paaont IV woo" to no (or P1 to no on to b■s* of aaslssmowy evbw+a) to be 9% perso Xe) whW4 rturn(a) WM at"OZW to f►a rrltlWt infstrurnor; odtmowW iged to rm tmt heM+a+f" once fd the soma h tkAwAhftr =AWr*ad npaeft,(m), erne Wit tyt rk#w * sowbx+(s) on tr o bv*urw+t tr PWW+(a1. or tw way frpm b" of Wh ch ttr Pa WXS) adad. arreaAd th ktiVURWC VAtNESS nV Hard Wd oftWl OW s4r."" nu . r m r.rf =4 MAIL TAX SL'ATIbaNM TO PASTY SHOWN ON FOUAW2C Lam: IS PW PAM SWWK MAIL. AS DC== M1OVE How Sties Aft" pry s sm 48145.1 EXHIBIT "A" 67275/70766 EXR131T MA" LZOAL atBCRZP'rxort That portion of Huntington Beach, County at orange. State of California as shown on a map recO94ed in nook 3, page 36 of Kiscellaneous Kaps in the office OU the County recorder of said county described as followas' Beginning at -the centerline intersection of Pacific Coast Highway and Lake street shown as ocean Avenu• and rirat street respectivoiy on xaid -mentioned map; thence along the centerline of Pacific coast Highway south 48+ 21' 42" east 37.S© feet to the intersection with the southwesterly extension oL the Southeast right of way line of Lake et,reet t- thence south 410 38l8" wear 50.00 feet to the true point of beginning; thence north 489 216 42" went 1050.00 feet; thence south 41. 38' 18" west 450.00 feett thence south 489 21' 42" east 230.00 feett thence north 410-38128" ease 250.00 fe*tt thence north 480 21' 42" east 820.00 fret; thence north W 380 id• east 200.00 feet to the tree - point of beginning. Uclusive of the parcel of land the boundary being described as follows: Beginning at the centerline of intersection of Pacific Coast Highway and !fain Street thence soutnerwesterly along the centerline of Pacific Coast Highway south 440 21. 42" east 37.50 feet; thence south W 38' 16" Meet 141.00 feet to the true point of beginnings thence south 460 21' 42" east 135.00 testy thence south 410 34' 13" west 100.00 test; thence north 48' 21, 42" watt 136.00 feet; thence north 410 380 1e" east 100.00 toot to the true point of beginning. ALTER a tN ^NO vweK raF.CORM MAIL r as DErto Am tpa.M an+m�H" 06LCK mAm TA6 VA1%AaErrr I* u."M Gail Haft t. 6% Chi All fo r $n of Cto A%WW$ OMA AO&UA M Moh $td c„ t HxRfgm smogs . stow Caox" aP 9264 W� i 3PACe rwovE THts one FOR RECOMMMs use T 30O LEGAL (t-94) Quitclaim Deed THE UNDERSIGNED GRANTOR(5) DECLARE(s) DOCUMENTARY TRANSFER TAX IS S 0 See R&T Code 11 J2t ❑ _ unincorporated area ❑ City of Ptutcl No. ❑ computed an full valt,e ofpropaty Couvryed, or ❑ computad on full vAm teas valise of lieu or encumbranoes rzm:taining at time ofsale, and FOR A VALUABLE CONSIDERATION, receipt of which is henry wJmowledgcd, RANDALL FOODS, CNC., a California emporadoa, swoesm in inung to: PACIFIC IIERTTAGE CORPORATION, a California corporation; I iUNTINGTON PAC UICA II. s California gmaW pabasW; CA71 ASSOCIATES, INC., it California corporation; URI GAIT, an individual; AVIV GROUP, LTD., a California limited partnership; AVIV DEVELOPMENT CORPORATION, a California corpw- don; and PIERSIDS DBVELOPMWr. a Bencnd partnership, hereby REMISE, RELEASE AND FOREVER QUITCLAIM to: HUNTIAl=N UFAC H REDEVELOPHWr AGENCY. a public a4hy. the following dcaaibod real property in the C n Y OF HUNT WGTON BEACIL County of ORANGE, State of California: All of its right. title and inttrea in the following described Leasehold interest in the County of Osage, City of Huntingtce 13eac}e, State of California: That real property daaribed in Exhibit "A" whkh is attached hereto. and by this rafasnce, incorporated as though fully set forth herein,; Dated STI'ANLEY M. BLOOM, Awi*= RANDALL FOODS, INC.. a STATE OF CAWORMA COUFM OF OPANGE I S.S C�� On _ Bolos ma. pwsoaay km" to ma (or proved to ruse on to bow of uvfttw ry ev+ &X*) to bo to pt un(s) who".- .- . a) Wan wheaUd to IN rnttie WWSWnrt AdM0WW*W is me Met hM6ha" OXWAed the "a* h Ntawnh* aul wbmd apac t4n). wA that by hkNwNtak sWWLm (6) on to kw"*v t tM p6r6). of V* WOy 4M lr "of wtidt to pmarr(r) 6M& emaimd tt+a M16vUMWt. U+ITNESS my hard End afti t mW M M TAX SfATEMI i'S TO !ARTY SilotW.Y Off YCUD M M0417 NO rARTY St3p1 .14 MAX AS t>MEC7m AWV$ home SM AN■r [try R $tiw 41125.1 EXHIBIT "B" 47275/70366 a %I ,9• EXHIBIT "A" LEGAL DESCRIPTION That portion of Huntington Beach, County of Orange. State of California as shown on a slap recorded in Book 3# Pago 36 of Miscellaneous baps in the office of the County recorder of said county described as follows# Beginning at the centerline intersection of Pacific Coast Bighway and Lake Street shown •a Ocean Avenue, and First Street respectively va said mentioned maps thence along th0 centerline of Facitia Coast Highway south 461v 2111 420 east 37.50 feet to the intersection with trio southwesterly extension of. the southeast right of Map line of Lake StreetT' thence south 41. 38' 10" west 50.00 feet to the true point of beginning;- thence north 48` 2111 42" west 1050.00 feet; thence south 410 381 id" west 450.00 feats thence south 480 21' 42" east 230.00 foot; thence north 411P 381280 east 250.00 feet; thence north 490 21' 42" east $20.00 testis thence north W 380 is" east 200.00 feet to the true' point of beginning. . Exclusive of the parcel of land the boundary being described as follows: Beginning, at the centerline of intersection of Pacific Coast Highway and kain Street thence sou trio rwesttrly along the centerline of Pacific Coast Highusy south 4e10 219 42" east 37.30 -!sets thence south 41. 381 164 west 141.00 toot to the true point of begLnningt- thence south 430 21' 42" east 136.00 teed thence south 410 380 18+ west 100.00 feet= thence north 480 21' 42" West 136.00 feet; thence north 41. 391 14" east 100.00 feet to the true point of beginning. r) 50 i 17115� CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: Robert J. Franz, Deputy City Administrator Subject: F1S 98-45 Approval of Settlement Agreement , Bloom vs. Redevelopment Agency; OCSC Case No. 67 13 06 Date: April 28, 1998 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for "Approval of Settlement Agreement , Bloom vs. Redevelopment Agency; OCSC Case No. 67 13 06." If the City Council approves this action (total appropriation $2,070,000), the estimated unappropriated, undesignated fund balance of the Redevelopment Agency Capital Projects Fund at Septenaper , ),bN will be reduced to $769,000. 170A�$ Al ii - • ' • CUMAnd Columbus Dayton Austin Dallas San Antonio TO: 'a1 W ARTER & MADDEN I.LP ATTORNEYS AT LAW founded 1841 Jamboree Center Fire Park Plaza, Suite I000 Irvine, California 92614-8528 71402.7500 telephone 7I41833-9604 jac imile FAX COVER SHEET Arthur DeULoza, CITY OF HUNTINGTON Deputy City Attorney BEACH (714) 536-5620 FROM: Jack W. Fleming DATE: 5/1/98 Direct Dial: (714) 252-3135 &Mail: TOTAL NO. OF PAGES: (including cover page) Washington, D.C. Los Angeles San Diego San Frnacisco Woodland Hills FAX NO: (714) 3'14-1590 TIME: 9:21 AM Jflmiing@artcr&hadden.com 14 CLIENTIMATTER: 68135173789 COMMENTS If you have any problems reading this transmission, please call the above telephone number and askfor the fax operator. • CONFIDENTIALITY NOTICE The information in this fax transmission and the documenu accampan*g it contain confidential information belonging to the sender which is legally privileged The information is intended only for the use of the individuals or entities named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distnbution or the taking of any action in reliance on the contents of this faxed infbr nation is strictly prohibited. If you have received this fax in error, please immediately notify us by telephone to arrange for trtum of the original documents to us. n rl RCA ROUTING SHEET INITIATING DEPARTMENT: CITY ATTORNEYS OFFICE r SUBJECT: BLOOM SETTLEMENT AGREEMENT COUNCIL MEETING DATE: May 4, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (wlexhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full PZ the a Attome) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome) Attached Certificates of Insurance (Approved by the City Attome Attached Financial impact Statement (Unbud et, over $5,000) Attached Bonds (If applicable) Attached Staff Report (If applicable) Attached Commission, Board or Committee Report (if applicable) Attached Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR DED Administrative Staff ( ) ( ) Assistant City Administrator (initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RECEIVED FROM egggkz= 0 MADE APART OF THE RECORD AUNCIL MEETINQ OF�. '�J. � OFFICE OF THE CITY CLERK CONNIE BROCKWAY. CITY CLERK 'ECEIVED FROM "10 MADE A PART OF THE RECORD AT THE F n CITY GF HUNTINGTON BEACH"' I� MEETINa OF ICE OF THE CiTY CLERK INTER -DEPARTMENT COMMUNICATION 9ROCKWAY. CITY CLERK HUNTWOON !EACH To: HONORABLE CHAIRPERSON OF THE REDEVELOPMENT AGENCY AND MEMBERS OF THE BOARD OF DIREGTiOR& FROM AND MADE A PART OF THE RECORD AT THE From: GAIL HUTTON, City Attomey COUNCIL META G OF OFFICEE CITY CLERK Date: May 4, 1998 CONNIE BROCKWAY, CITY CLERK Subject: Bloom v. Huntington Beach SETTLEMENT AGREEMENT LATE COMMUNICATION - May 4, 1998 Attached is the fully executed copy of the Bloom v. Huntington Beach Settlement Agreement recommended for your approval tonight. Plaintiff Stanley Bloom has executed the Settlement Agreement as well as the quit claim deeds in favor the Agency which were attached to the agreement. The agreement is the same agreement contained in the agenda packages you previously received, except that page 3 was modified to exclude the City of Huntington Beach, since the City had already been dismissed from the action. Attached is a copy of the original page 3, reflecting the amendments in the executed agreement (red -lined copy). �a GAIL HUTTON City Attorney cc: Ray Silver, City Administrator Connie Brockway, City Cleric David Biggs, Director of Economic Development �0 . . .. ti .. .. .J . & •J Z. a , 4.2 Release of the AGENCY�by BLOOM. In consideration for the payment described herein, and except for the obligations incurred under this Agreement, BLOOM, for himself and for his respective heirs, legal successors, assigns, grantees, agents, representatives, insurance carriers, attorneys, officers, directors, partners, employees, and: associates, does.hereby forever discharge the AGENCY,Aand any and all of its respective agents, servants, employees, attorneys, representatives, predecessors, successors, assigns and assignors, officers, directors, AgencyAmembers, affiliates, subsidiaries, and any and all entities in which the AGENCYAholcL-4,an ownership interest, and each of them, from.any and all claims, demands, actions, causes of action, obligations, costs, expenses, attorneys' fees, expert witness or consultant fees, damages, interest, losses and liabilities of whatsoever nature, character or kind, whether known or unknown, suspected or unsuspected, matured or contingent, which concern or relate in any way to the Lease, the Project and/or Civil. Action 671306. 4.3 Release of BLOOM by the AGENCY. In consideration for the release described herein, and except for the obligations incurred under this Agreement, the AGENCY, for itself and for its respective heirs, legal successors, assigns, grantees, agents, representatives, insurance carriers, attorneys, officers, directors, employees, and associates, does hereby forever discharge BLOOM, and any and all of his respective agents, servants, employees, attorneys, insurance carriers, representatives, predecessors, successors, assigns and assignors, and each of them, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, attorneys' fees, expert witness or consultant fees, damages, interest, losses and liabilities of whatsoever nature, character or kind, whether known or unknown, suspected or unsuspected, matured or contingent, which concern or relate in any way to the Lease, the Project and/or Civil Action 671306. 4.4 General Release of Civil code 9 1542 BLOOM and AGENCY acknowledge that they are familiar with § 1542 of the Civil Code of the State of California which provides as follows: "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." 48097.1 68135/73789 - 3 - VV-Y-• + wV.+ ai. si �:is Ity VJY JVV•i 'U%A"% N lL'1LLLa1 e) WjVVL In California: LOs Angeles San Diego San Francisco Woodland Bills ARTER & HADDENLt p ATTOAN$YS AT LAW jora1e/ 1147 Jamboree Center Five Park Plaza / Suite 1000 Irvine. California 92714 7141252-7500 telephone 7I4I833-9604 Jacu/ntlle May 4, 1998 Arthur DeLaLoza, Esq. Deputy City Attorney City Attorney's Office 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 Other Offices In: Cleveland Columbus Dayton Austin Dallas San Antonio Washington, D.C. 01rect Mali (7141 252-317S JllemteLearteihaddcn.com 1 } VC •:7 Ci t C)—i r ref ~- if n 1 -- o Re: Bloom v. Redevelopment Agency of the City of Huntington_Se ch. etc e�A1,0 SC Case-, No���� Dear Art: Enclosed please find a signed copy of the Settlement Agreement which has been executed by Stanley Bloom and his counsel in connection with the above -described action. Attached is a red -lined copy of page 3, which reflects the changes to the agreement. I have also enclosed a copy of the executed quitclaim deeds which were received from Bloom's counsel. If you should have any questions concerning the above, please do not hesitate to let me know. Very truly yours, ck' W. Fleming JWF/sjw Enclosures 40360.1 n AGREEMENT This settlement agreement (the "Agreement") is made and entered into by and between the HUNTINGTON BEACH REDEVELOPMENT AGENCY, a public body ("AGENCY")and STANLEY M. BLOOM, an individual ("BLOOM"), for the benefit of the parties hereto. R E C I T A L S This Agreement is entered into with reference to the following facts: A. On or about November 20, 1986, the AGENCY entered into a written lease with Pier Side Development (the "Lease"), a general partnership, for the development of a restaurant and retail project located on the ocean side of Pacific Coast Highway in the vicinity of the Huntington Beach Pier in the City of Huntington Beach (the "Project"). At the time of the signing of the Lease, BLOOM owned a partial interest in the Pier Side Development partnership. Subsequent thereto, BLOOM purchased the interests of his partners in this venture and became the successor to all right, title and interest held by Pier Side Development in the real property which is the subject of the Lease. B. On about September 4, 1991, the AGENCY terminated the Lease. Pursuant thereto, on October 15, 1991, BLOOM filed an action in the Orange County Superior Court entitled Stanley M. Bloom v. The Redevelooment Agency of the City of Huntington Seach, Orange County Superior Court Case No 671306---("Civil Action 71306"). C. it is now the intention and desire of the parties hereto, to settle, compromise and resolve, in good faith, all outstanding issues concerning the Lease, the Project and/or Civil Action 671306. NOW, THEREFORE, in consideration of the covenants and promises hereinafter set forth, the parties hereto agree as follows: 1. Monetary Consideration. 1.1 On or before May 15, 1998, the AGENCY shall make payment to BLOOM in the sum of $2,064,000.00 by wiring said funds to the Hillel Chodos Client Trust Account pursuant to the following wiring instructions: 49097.1 68135/73789 V V •l i - , . i . • i 1 L •i.i . i1 V�V JV V'L ..l1i Li\ M li:iVV4•� LkJ VU-i Bank name: Union Bank of California 9401 Wilshire Boulevard 6"` Floor Beverly Hills, CA 90212 Routing #: 122000496 Account Name: Hillel Chodos Trust Account Account #: 032-0078229 1.2 On or before May 15, 1998, the AGENCY shall make payment to the City of Huntington Beach ("CITY") in the sum of $6,000.00, which shall be utilized to satisfy the cost judgment entered against BLOOM in Civil Action 671306. 2. Dismissal of_Liti at on. , 2.1 BLOOM hereby irrevocably authorizes and directs Hillel Chodos and Deborah Chodos, his attorneys of record, to execute and file with the Court within five (5) days of receipt of the payment described above, a Request for Dismissal with prejudice of the entire action as to all parties in Civil Action 671306. BLOOM irrevocably authorizes Hillel Chodos and Deborah Chodos to execute said Request for Dismissal on his behalf. 2.2 On or before May-151. 1998, the AGENCY will provide to BLOOM an original, notarized acknowledgement.of•satisfaction of judgment, duly executed by the CITY, of the CITY S cost judgment in Civil Action 671306. 3. Release of Leasehold Interest Concurrently upon execution of this Agreement, BLOOM shall provide to the AGENCY a full release of all right, title, and interest which BLOOM has to the property which is the subject of the Lease. These quitclaim deeds shall, be substantially in the form attached hereto as Exhibits "A" and "B" to this Agreement. 4. Release. 4.1 ownership of Released Matters. BLOOM and the AGENCY hereby warrant and represent that they are the sole and lawful owners of. -all rights, title and interest in and to all "Released Matters," as hereinafter defined, and that they have not heretofore assigned or transferred or purported to assign or transfer to any other person any released matters or any part or portion of any "Released Matters." "Released Matters" are defined in Paragraphs 4.2, 4.3 and 4.4 below. 48097.1 6$133/73789 - 2 - UIli OJJ YUV4 LALJA% U. t1.1VL+C.A e) W. UUO 4.2 Release of the AGENCY by BLOOM. In consideration for the payment described herein, and except for the obligations incurred under this Agreement, BLOOM, for himself and for his respective heirs, legal successors, assigns, grantees, agents, representatives, insurance carriers, attorneys, officers, directors, partners, employees, and associates.,,does hereby forever discharge the AGENCY, and any and all of its respective�Agents,.servants, employees, attorneys, representatives, predecessors, successors, assigns and assignors, officers, directors, Agency members, affiliates, subsidiaries, and any and all entities in which the AGENCY holds an ownership interest, and each of them, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, attorneys' fees, expert witness or consultant tees, damages, interest, losses and liabilities of whatsoever nature, character or kind, whether known or unknown, suspected or unsuspected, matured or contingent, which concern or relate in any way to the Lease, the Project and/or Civil Action 671306. 4.3 Release of BLOOM by the AGENCY. In consideration for the release described herein, and except for the obligations incurred under this Agreement, the AGENCY, for itself and for its respective heirs, legal successors, assigns, grantees, agents, representatives, insurance carriers, attorneys, officers, directors, employees; and associates, does hereby forever discharge BLOOM, and any and all of his respective agents, servants, employees, attorneys, insurance carriers, representatives, predecessors, successors, assigns and assignors, and each of them, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, attorneys' fees, expert witness or consultant fees, damages, interest, losses and liabilities of whatsoever nature, character or kind, whether known or unknown, suspected or unsuspected, matured or contingent, which concern or relate in any way to the Lease, the Project and/or Civil Action 671306. 4.4 General Release of Civil code § 1542 BLOOM and AGENCY acknowledge that they are familiar with § 1542 of the Civil Code of the State of California which provides as follows: "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." 48097.1 68135/73709 �3-� ... - ■...% O F • VYY V VJY N iL\YYL..\ �ki ke,VVV BLOOM and the AGENCY waive and relinquish any and all rights and benefits which they may have under, or which may be conferred upon them by the provisions of § 1542 of the California Civil Code, to the fullest extent that they may lawfully waive such rights or benefits pertaining to the subject matter of the releases provided in Paragraphs 4.2 and 4.3 above. In connection with such waiver and relinquishment, BLOOM, the AGENCY, hereby acknowledge that they are aware that their attorneys may hereafter discover claims or facts in addition to or different from those which they now know or believe to exist with respect to the subject matter of the releases provided in Paragraphs 4.2 and 4.3 above, but that it is the intention of BLOOM and the AGENCY to hereby fully, finally and forever settle and release all of the disputes and differences between BLOOM, the AGENCY and the CITY, whether known or unknown, suspected or unsuspected, which concern, arise out of or are in any way connected with the Lease, the Project and/or Civil Action 671306. In furtherance of such intentions, the releases herein given shall be and remain in effect, notwithstanding the discovery or existence of any such additional different claims or facts. S. Compromise_. This Agreement and the releases contained herein affect the compromise and settlement of disputed and contested claims and nothing contained herein shall be construed as an admission by any party hereto of any liability of any kind to any other party. Each party hereby expressly denies that it is in any way liable or indebted to any other party to this Agreement. 6. Cooperation. BLOOM and the AGENCY agree to execute, acknowledge and deliver such further and additional instruments, documents and other items as shall be required or appropriate to implement, confirm or perfect the provisions and intentions of this Agreement. 7. Breach or Failure to Perform. The obligations of each of the parties hereunder are expressly conditioned upon the performance of the obligations of the other parties hereunder. S. Benefit and Burden. This Agreement shall be binding upon and shall inure to the 49097.1 02 35/73189 - 4 - benefit of the parties hereto and their heirs, executors, administrators, representatives, successors, assigns, agents, servants, employees, attorneys, predecessors, assignors, officers, directors, shareholders, partners, parent companies, subsidiary companies and affiliates. 9. Attorneys' Fees and Costs. BLOOM and the AGENCY agree that each party shall bear its own attorneys' fees and costs incurred in connection with the Lease, the Project and/or Civil Action 671306. 10. Waiver and Amendment. No breach of any provision hereof can be waived unless in writing. Waiver of any one breach shall not be deemed to be a waiver of any other breach of the same or any other provisions hereof. This Agreement may be amended only by a written agreement executed by the parties in interest at the time of the modification. 11. Governinq Law. This Agreement and -any other -documents referred to herein shall be governed by, construed and enforced'in accordance.wi.th the laws of the State of California. 12. 'Entire Agreement. All agreements, covenants, representatives and warranties, express and implied, oral and written, of the parties hereto concerning the subject matter hereof are contained herein. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any party hereto to any other party concerning the subject matter hereof. All prior and contemporaneous conversations, negotiations, possible and alleged agreements, representations, covenants and warranties concerning the subject matter hereto are merged herein. This is an Integrated Agreement. 13. Construction. Each party and counsel for each party have reviewed and revised this Agreement, and the normal rule of construction to the effect that any ambiguities in this Agreement are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.. 48097.1 68133/73789 -- 5 - 14. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties at such time as all of the signatories hereto have signed a'counterpart of this Agreement. All counterparts so executed shall constitute one Agreement binding on all the parties hereto, notwithstanding that all parties hereto'shall sign a sufficient number of counterparts so that each party will receive a fully executed original of this Agreement. 15. Understanding. The parties hereto, and each of them, represent, warrant and agree as follows: 15.1 They have received independent legal advice from their attorneys with respect to the advisability of making the settlement provided for herein with respect to the advisability of executing the Agreement; 15.2 They have made such investigation of the facts pertaining to the settlement and the release of all matters pertaining hereto as they deem necessary or desirable. 15.3 That each person signing this Agreement on behalf of a party -has the requisite power and authority to sign-on.behalf of such party and that when this Agreement is so executed -and delivered, it will be a binding obligation of, and enforceable against, such party in accordance with its terms. 16. Voluntary Agreement. The parties hereto, and each of them, further represent and declare that they have carefully read this Agreement and know the contents thereof and that they sign the same freely and voluntarily. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year written below. DATED: 19097.1 60133/73709 STANLEY M. BLOOM, an individual Ae-� By: w stanlep M. B oom l:Ll !lY VJJ JVVY :►1►1 LrK ►% 11.1104LWk 1 DATED: ATTEST: Connie Brockway, Agency Clerk REVIEWED AND APPROVED: Executive Director HUNTINGTON BEACH REDEVELOPMENT AGENCY, a public body S rley Dett off, Chairperson APPROVED AS TO FORM: Agency Attorney INITIATED AND APPROVED: Agency Counsel APPROVED AS TO FORM AND CONTENT: DATED: DATED: 40097.1 68235/73789 HILLEL CHODOS DEBORAH CHODOS &�/" P., Attorneys for Plaintiff Stanley M. Bloom ARTER & HADDEN LLP JACK W. FLEMING JOSEPH J. NARDULLI Attorneys for De en ant HUNTINGTON BEACH REDEVELOPMENT AGENCY . . 4LU ti .... � . a ..... • a. . v./v vvJ a .• ARTER 3 wuMEN •+A+M EN RECCAM VNR TMi DEED u.0. UNLVA OTMERtiM" Vam SajOw. h" TA/ STATEMIMT TO r tc...r r d whn to CAy Adww r 6b vw Cb ANnWs Offim Ail qu 2= Ma S"d CRY 9 rxraq= 06"6 Sws: CmdoFNs Dp 225" Tao-• Ve gm n. ..a.a Y.• �� •a. War Y.. n TW; _ ZGAL(I-N) Individual Quitclaim Deed ME UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAXIS S __ 0� See R&T Code I M i ❑ unincorporated area ❑ City of Parcel No. ❑ computed on full value ofproperty conveyed, or ❑ computed on full value Itss value of Liens or eneumbrauccs renuhing at time ofsale, and FOR A VALUABLE CONSMERATTbN, receipt of which is hereby acknowledged, \NLEY M. BLOOK are individual, as successor in interest to: PACIFIC HERITAGE CORPORATION, a California corporation; HL - '•`INGTON PACIFICA 11. a Califmia general partnership; GATT ASSOCIATES, INC., a California corporation; URI GATT, an individual; AV' 'GROUP, LTD.. a California limited partnership; AVIV DEVF.LOPMDa CORPORATION, a_Califomia corpora:ion; and PIERSIDE DE .LOPMENT. a gencW parmmWp, he: • REMISE, RELEASE AND FOREVER QUITCLAIM to: NTINGTON BEACH REDEVELOPMENT AGENCY, a public entity. th, .:owing dacribed real property lathe CITY OF HUNTINGTON BEACH. County of ORANGE. State. of California: Al- :its right, title and interest in the following described Leasehold interest in the County of Orange. City of liuntington Beach, State of Cw .:mia: T: : cal property described iu Exhibit "A" which is attached hereto, and by this mferaue. incotpon::a l as though fully set forth hap -in; r ..d ;TEE OF cA�wpt:�o�r/�. LAq �a C jM � OF ORANGE C b. Jf ' .:ary ., weacea pef,4r.24 kngwn to ms (or prvved to me on the IN" or safaaory ev►.-tnce) to be the person(e) wtm* rAme(s) 'sure wbscrsbW to iM wtM rs: imsnt aaugw*doed to me th9 hoWmAhey exeoAod tM &w* h his --YMe: a dra zed moadty*). and that by NW,edttmir stpnature(e) on Me .•,trun%vd the penon(s). or the w r upnn betma of wises the persons) our :. w6wed the r+etr +ertit STANL.EY M. BLOOM, in individual Wt. - •=_SS my hang and of8t w said Sigr.ltun) fr1..r b aAsr..ril pA , MAIL. TAX STATL'44 M TO PARTY SHOWN ON FOLIDI&INC LM4 Er NO PARTY SaO%. f, MAIL AS DIRECTED ABOYB ply Saaa Addrad C-q a Sat 48143.1 EXHIBIT "A- i7275/70366 m RXH19%T "A" LEGAL DESCRXPTx4N That portion of Huntington Beaen, County of Orange, State of California a6 shown on s map recorded in Book 3, page 36 of Misceilanaous !taps in the office of the County recorder of said county dencribed as follows: Beginning at the centerline intarsection of Pacific Coast Highway and Lake Street ahown as ocean Avenue and Heat Street respective! on said .mentioned maps thence along the centorline of Pacific Coast Highway south 480 214 42" east 37.50 feet to the inters*ction with the southwesterly extension of the southeast right of w4y line of Lake Streetl"- thence south 41' 35' 18" west 50.00 teat to the true point of beginning; thence north 4e0 21' 42" west 1050.00 feet; thence south 41. 386'180 west 450.00 feet= thence south 400 21' 42" east 230.00 ftet; thence north 419 38'10" east 250.00 teat; thence north 48• 21' 42" east 320.00 teed thence: north 410 38' 18" east 700.00 feet to the true point of beginning. , Exclusive of the parcel of land the boundary being described as follows: Beginning at tho centerline of Intersection of Pacific Coast Highway and Main Street thence' southerwastarly along the centerline'of Pacific Coast highway south 48. 21' 42" east 37.5O 'loot; thence south 41. 38' 18" west 141.00 feet to the. true point of beginning; ..thence south 460 21' 42" east 136.00 gettt thence south 410 381 3.4" west 100.00 feet; thence north 400 21' 42" wait 136.00 feet; thence north 41. 38' 16" east 100.00 feet to the true point of.beginning. •,j V i a v• ..yam t.•ii a.W +ta VVV VVV'• ARTER a-KADGEN. AF4 WHO RECCR= WAILI"S OMA14 VUSS OTNERIMU SHOV44 ap. turn TAB sr rrrA£rrr T* - k G+r K t fi. En C9yAftwy UoO C+y nanny+ OtttoP Aae-.a soon M&A S"d CAr i ► -4vwn B"i% Stow La*fflk% rp 9204 To opa►r s ca" w Taco KCAL (t-94) ...+a a.•a w u.ww w+ Quitclaim Deed I'?'iE UNDERSIGNED GRANTOR(s) DECLARE(s) n DOCUMENTARY TRANSFER TAX 1S S b See R&T Code I I SQI ❑ unincorporated area ❑ City of Parcel No. ❑ eomputod on fW1 value ofproperty conveyed, or ❑ computed on full value Ias t,•aiuc of liens or atcumbrances remaining at time of sale, and FOR A VA LUA13LE CONSMERATION, receipt of which is he mby acknowledgcd, RA: 'ALL FOODS, TNC, a California corporator, successor in interest to: PACIFIC HERITAGE CORPORATION, a CaUbmia corpor•, -n-. EWNTTNGTON PACIFICA IT, a California grncral partnership; GATT ASSOCIATES, INC., a California corporation; URI GATT, an Ili& :jsl; AVIV GROUP, LTD., a California limited partnership; AVIV DEVELOPMENT CORPORATION, a California corpor4on; and I PIERS `s DEVELOPMENT, a general partnmhip, hereb; "ti'IISE, RELEASE AND FOREYFR QUITCLAINI to: HL•- iNGTON BEACH REDEYELOPMENP AGENCY, a public entity, the fa: 'ng described real property in the CITY OF HUN INGTON BEACH, County of ORANGF, State of California: All of right. title and interest in the following described Leasehold interest in the County of Orange, City of Hundngusa Beach, State of Caiifor 1 That r property described in Exhibit "A" which is anaci ed hereto, and by this reference, incorporated u though tally set forth harm; Date SrAr-..;f CA W0 RNW COW; OF OF "F— I5 5. On be(ore ti. person+ q known to me (or proved to ens on 04 bans of satisfactory ender* -► to be the persona) whose rw*s) Wam SLO bed to the warn rnsVW -t admowtedped to rm that tWOvoAt" wmm tad ttw same to hts wr. e,r auawrired cap"(1as), and that by hhOwm * sipnsu*s) on Ca hair -wd the perir rgst ce the wft upon bahatf of wfikh the pvrson(a) acted, c mA*d the katrvmant STANL>rY M. BLOOM, President RANDALL FOODS, INC.. a CaUbralat corpot7Won +N TNE` my hand and amdel seal S�rvhr (rat, &%Im4*kW oath en. KUL TAX STATEMZYM TO PARTY S BOwti ON FOUDWI G to VMI EF NO PARTY S130^ MAEL AS L'.U=TW ABOVE p4m SQ.a AdSIW Cq & Sore EXHIBIT "B" tai=s.z, 67275/70355 .� ��. a�•� •�•.a •ice vV4 vVY• .V %P V EXHIBIT NA" LEGAL DfBCRIPTION That portion of Runtington aeachr County of Orange, State of California 45 shown on a map recorded in Book 3. page 36 of Niscellaneous !taps in the offic* of the County recorder of said county described as follows t Beginning at the centerline intersection of Pacific Coast Highway and Lake street shown as ocean Avenue and First Street respectively on said mentioned maps thence along the renterlin• or Pacific coast U3yhway south 48+ 21" 42" •sat 37.50 S*tt to the intersection with the southwesterly extension at the ,southeast right of way line of sa►ka 8traetY'- thenae south 41. 360 18" vent 50.00 feet to thr true point of beginning; thence north 44. 214 42" went 1050.00 feat; thence south 41. 313' 18" west 450.00 feet; thence south 48. 21' 42" east 230.00 feet; thence north 410 38114" east 250.00 feet, thence north 46• .21' 42" sast .020.00 feetj thence north 410 39' 16" east 200.00 fe4t to. the true point of beginning. Exclusive of the parcel of land the boundary being deactibed as follows: Beginning at the centerline of intersection of Pacific Coast Highway and Main Street thence southerwesterly along the centerline of Pacific Coact Highway south 480 216 42" east 37.30 feet; thence south 410 380 180 west 141.00 feet to the true point of beginning; thence south 48" 21' 420 east 136.00 goat; thence south 41' 38' 18" west 100.00 feet; thence north 48. 21' 42" west 136.00 feet; thence north 41. 380 ld" oast 100,00 teat to the true point of beginning. ATZi d HAODEN W Arm YMEN RGWADED Lull two Wta An Uw M On{anv"j WjDM OMANV. MA L TA a FrATLYE r T TQ . J Ww"o Gal FA+t1DrL CxYAxomell Saed ChrAB=*ftOMoa Abater= 2000 Amen $"at Clay S Fun*%g e,t 0eKK Sum catramis rp 62Gae Td, Orirt`a ar."WNa T 360 LEGAL (1-94) Quitclaim Deed FO THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS S 0 See R&T Code 11921 ❑ unincorporated area ❑ City of Parcel No. ❑ computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of We, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RANDALL FOODS, INC., a California corporation, successor in interest to: PACIFIC HERITAGE CORPORATION, a California corporation; HU TINGTON PACIFICA 11, a California general partnership; GATI ASSOCIATES, INCH a California corporation; UR1 GATT, an individual; AVIV GROUP, LTD., a Califorr" limited partnership; AVIV DEVELOPMENT CORPORATION, a California corporation; and PIERSIDC DEVELOP". a general partnership, hereby REMISE, RELEASE AND FOREVER QUITCLAIM to: HUNTINGTON BEACH REDEVELOPMENT AGENCY ,•a public entity, the following described real property in the CITY OF HUNTINGTON BEACH, County of ORANGE, State of California: All of its right, title and interest in the following described Leasehold Interest in the County of Orange, City of Huntington Bcach, State of California: That real property described in Exhibit "A" which is attached hereto, and by this reference, inwrporat :d as though frilly set forth herein; Dated r Y STATE OF CALIFORN COUNTY OF O it S.S. on , before ne, t n � �- mgp-- A fvofary�in a or sad Goun,�a , & persona�'rppeared" pentmety knom to (or proved to me on the basis of 6at4factory evidence) to be the n(s) whose name(&) Ware subscribed to the Yatrun rrtstnanent a9cknowhOged to a* that hefsha'they oxaa ed the same In htsJtier,rJslr aumor,zed capvci yfoes), and that by hialherAheir signature(s) an the instrument the person(s). act the entity upon b"If of which the peraon(s) acted, executed the Instrument. NTNESS rtv hand and ofilcW coral Slonatura Ay'zcl h/ IZ4 4—�' W'LEY M. BLPOM, President RANDALL FOODS, INC., a alifornia corpora oat _ •-- ' • EVELYN Z. CHERNIE Not Palle C 10594S2 z " Codtanla y t.OS AKE= COUNTY H1V COMM Wres JUN 23.19W (ft re W orr is WNW W4 NIAM TAX STATDWM TO PARTY SHOWN ON FOLLOWING LLB; IF NO PARTY S HO V 4, W. JL AS DIRECTED ABOVE Pame SubM A41m t c q ak Bola 4912S.1 67275/70366 VV/ily .v eAvo L4.yr l:W 1li JJv uVV4 tvjV1J EXHIBIT "All LEGAL DUCazpTioN W That portion of Huntington Beach# County of Orange. State of California a6 shown on a map recorded in Book 3, page 36 of Miscellaneous !taps in the office of the County recorder of said county described as foilowss Beginning at the centerline intersection of Pacific Coast Ai9hway and make Street shown as ocean Avenu* and First Street respectively on said .mentioned zaapt thence along trio aentarline of Pacifta coast Highway south 48` 214 42" east 37.50 feet to the Intersection with the southwesterly extension oft the southeast right of way line of Lake Streetl~- thence south 41' 38' 28" west 50.00 feet to the, true point of beginning; thence north 48. 21' 42" west 1050.00 feet; thence South 41. 381 18" west - 450.00 feet; thence south 449 219 42" east 230.Oo feet; thence north 410 38118" east z5o.00 tact; thence north 400.214 42" east a20.00 tech thence north 41" 3B1 18" east 20040 feet to the true point aE beginning. .. Exclusive of the parcel of land the boundary being described as follows: Beginning at the centerline of Intersection of Pacific Coast Highway and Main Street thence Southerwssterly along the centerline of Pacific Coast Highway south 48• 21' 42" east 37.30 'feet; thence South 419 380 18" west 141.00 Beet to the true point of beginning; thcnCe South 430 21' 42" east 136.00 feett thence south 416 38' 18" west 100.00 festy thence north 48. 21' 42" vest 136.00 feet; thence north 410 351 low east 10o.0o teat to the true point of beginning. N Vv• u— • .4v.. a-L. V./ L.L.L Ity VVJ MV V-6 I ARTcRA'W0EN 10"N {►aLl►.L% %% L IV461L.Li ra-1 L�V1V Av"#w Recommo WAIL"DUC ANON 11LE55 07HERNSE SHOMM EOM( M4L TA! SfATVUENT7a r HyLK Gel H A04, Esq• Cly Aaomey Street City Aro Ws Olks Addmu 2= Msh SUM CH a Ke-kVon B-ck 54tR Caramts ao 92549 rd.olr.MA L...ra USE T 360 LECAL (1-94) Individual Quitclaim Deed THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS S - 0 See R&T Code 11921 ❑ unincorporated area ❑ City of Parcel No. ❑ computed on full value of property conveyed, or ❑ computed on full value less value of urns or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknovvIedged, STANLEY M. BLOOM, an 'individual, as successor in int=9 to: PACIFIC HERITAGE CORPORATION, a California corporation; HUNTiNGTON PACIFICA 11. a California general partnership; GATI ASSOCIATES. INC, a California corporation; URI GATT, an individual; AVIV GROUP, LTD., a California Iimited partnership; AVIV DEVELOPMENT CORPORATION, a California corporation; and PIERSIDE DEVELOPMENT. a general partnership. hereby REMISE, RELEASE AND FOREVER QUITCLAIM to: HUNMI GTON BEACH REDEVELOPMENT ACFANCY , a public entity, the following described real property in the CITY Of H L NGTON BEACH, County of ORANGE, State of California: All of its right, titlo and interest in the following described LeaschoId interest in the County of O=ge. City of Huntington Beach, State of California That real properly described in Exhibit "A" which Is attached hereto, and by this reference, incorporated as though fully set forth herein; Dated W D STANLEY M. B OOM, an individual STATE OF CALIFORNWI COUNTY OF ORANGE I S.S. On before me. o a,StCor *adto e, person appeared persona:/ known ro 4 (or proved to me on to basis of sattsfacu" evidence) to be the persons) whoza names) islare subscrflW to this v.itNn bi6Wment acknowledged to rrm that he/shs/thsy exec ated the same in Ns/herAhalr authorized capsdty(les). and that by his wltheJr signature()) on Ow instrument the peraor+(a), or the enfity upon bahaff of wNch the person(s) acted. executed this lmtrument. WITNESS mi hand and ottiaot seai Sianaturp • E1/EiYt+1 t CHEitA►E _A, •r COMM.01059d52 _ Notory Pubic — Ca7torrJo > LOS ANGELES COUNTY My Comm. Enos JUN 23.1 M (lib Ltn tK Md.l Il.arilr IL14 AIAM TAX STAMMM TO PARTY SHOWN ON FOIL MINC lfi\'E, W N0 PARTY SK0%W, MAII. AS DO EC M ABOVE N&M Sm Addrw Cny t Sure /8143.1 67275/70366 -• EXHIBIT "A" LEGAL DESCRIPTION That portion of Huntington Beaenr-County of Grange.. State of California as shown on a map recorded in Book 3, Page 36 of Miscellaneous Napa in the office of the County recorder of said county described as followst Beginning at the centerline intersection of Pacific Coast Highway and Lake Street shown as ocean Avenue and First Street reopectLvely an said mentioned maps thence along the centerline of Pacific Coast Stghway south 48. 21' 42" *not 37,50 feet to the intersection With the southwesterly extension of, the southeast right of w4y line of Lake Streets thence south 4115 38' 16" west 50.00 feet to the true point of beginning; thence north 48. 21' 42" west 1050.00 nett thence south 4111 38' 18" weat 450.00 feet; thence south 48. 21' 42" east 230@00 feet; thence north 4111 38138" east 250.00 feet; thence north 48. 21' 42" east 820,00 feet; thence north 410 38' 18" east 200.00 feet to the true point of beginning. . Exclusive of the parcel of land the boundary being described as follows: Beginning at the centerline of intersection of Pacific Coast Highway .and fain Street thence southerwesterly along the centerline of Pacific Coast Highway south 48. 21" 42" east 37.50 'feet; thence south 41. 38' 16" vast 141.00 feet to the true point of beginnings thence south 450 211 42" east 136.00 teen thence south 410 381 18" west i00,00 feet; thence north 48. 21' 42" vast 136.00 feet; thence north 41. 35' 18" east 100.00 feet to the tree point of beginning. 0