HomeMy WebLinkAboutDEBRA & DALE WILSON - 1995-07-05CITY OF HUNTINGTON BEACH
MEETING DATE: July 5, 1995 DEPARTMENT ID N BER: ED 95-21
Council/Agency Meeting Held:
Deferred/Continued to:
Approved 0 Conditionally Approved ❑ Denied
6 67ify Clerk's Signature
Council Meeting Date: July 5, 1995
Department ID Number. ED 95-21
CITY OF HUNTINGTON BEACH
REQUEST FOR REDEVELOPMENT AGENCY ACTION
SUBMITTED TO: HONORABLE CHAIRMAN AND REDEVELOPMENT AGENCY
MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, Executive Director",?
PREPARED BY: Ray Silver, Assistant City Administrator/Acting Director of Economic
Development AV?
SUBJECT: AGENCY ELECTION TO PURCHASE OCEAN VIEW ESTATES
(7051 ELLIS AVENUE) MOBILE HOME UNIT NUMBER 19
Statement of Issue. Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attactirnent(s)
Statement of Issue: Dale and Debra Wilson have requested that the Agency make an
election to purchase their mobile home at the Agreed Value of $96,471 as outlined in the
Driftwood Acquisition and Relocation Agreement.
Funding Source: Main -Pier Redevelopment Account TM-ED-801-6-10-00.
Recommended Action:
1. Elect to purchase at the Agreed Value of $96,471 Ocean View Estates Mobile Home
Number 19 and pay all costs occasioned by the sale.
2. Authorize the Executive Director to execute the appropriate standard Mobile Home
Sales Agreement.
Alternative Action(s): Permit tenant to sell the home on the open market and the Agency
pays the difference between purchase price and the Agreed Value.
Analysis: On August 5, 1988, the Agency entered into a Disposition and Development
Agreement with the Robert Mayer Corporation for the development of The Waterfront
RAA95.21MOC
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0612219512:57 PM�M
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REQUEST FORREDEVELOPMENTAGENCY ACTION
MEETING DATE: July 5, 1995
DEPARTMENT ID NUMBER: ED 95-21
Project. As a part of that agreement the Agency entered into a relocation agreement with
the Driftwood Mobile Home Park residents. Section XI(B) of that agreement states that:
1. Right of Resale and Price Guarantee: Any Tenant who relocates to Ocean View
Estates I or It, and after the second year following occupancy, is unable to sell the
Mobilehome for a price equal to the Agreed Value for a period of no less than ninety (90)
days, may then offer to sell to the Agency for the Agreed Value. The Agency may elect,
within thirty (30) days following written notice of the offer to sell, to either:
(a) Acquire Tenant's Mobilehome at the Agreed Value and pay all costs
occasioned by the sale; or
(b) Permit Tenant to sell the Mobilehome on the open market and
immediately upon close of escrow, if the Tenant receives less than the Agreed Value (before
paying any liens), the Agency shall pay the difference to Tenant, but if the Tenant receives
more than the Agreed Value, Tenant shall retain all sale proceeds;
(c) Failure by the Agency to provide Tenant with written notice of its
election within thirty (30) days of receipt of the offer to sell by the Agency shall be deemed to
be rejection of the offer and an agreement to proceed under paragraph 6.1.(b) of this
Section.'
The Wilson's listed their mobile home for sale for a period of 90 days beginning March 8,
1995. During that period they received three offers two of which were disqualified and the
third was received from qualified buyers in the amount of $65,000, but they were denied a
loan based upon the fact that Ocean View Estates has limited term lease. Refer to attached
letters dated June 13, 1995.
Staff has spoken with representatives of Green Tree Financial Corporation and confirmed
that it will be extremely difficult to find any lending institution willing to approve financing of a
mobile home in Ocean View Estates due to the short term lease. Therefore, staff is
recommending the Agency elect to purchase the Wilson's unit at this time for the Agreed
Value. Economic Development currently has programmed $150,000 annually for the
purchase of two units per year from Ocean View Estates.
Environmental Status: NIA
Attachment(s):
1. Wilson letter dated June 13, 1995
2. Leebolt/Gorham letter dated .tune 13, 1995
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VI 909 464 9528
J;cssMANN PUKcn.
Q001
June 13, 1995
Mr. Keith Brian Bohr
Housing/Redevelopment
200 Main Street
Huntington Beach, CA 92649
Dear Mr. Bohr.
Post-11" Fax Nate 7671
081e `l 1 Al
►
Ta
From
CoJDopt.
Co.
Prx" r
Prone �
Thin is a formal request for the City of Huntington Beach to proceed under the terms of the
original Driftwood Relocation agreement as all terms and conditions of the agreement hove
been fu�f `rW by as.
We listed ourmobile homeforsakforaperiod of 90days, beginning March 8,1995, through
June 8, 199S, as stinted in the agreement. We received three valid offers to purchase ourunu
during that brae: two of these offers were from families with chr7dren, a condition which
disquahTled them as Ocean View Estates is an "adult park , the third offer was received from
qua4W buyers who were denied a loan based on the fact that Ocean View has a short tam
lease. Further research indicates that Ocean View Estes' short term tease issue alone would
most cetalnly prevent any qual(W buyer from securing fuuaacing.
We have purchased another home which is now in escrow with Bsertvw Conc s. Inc.. 41707
This escrow closes June 301th,199S. Therefore, we are requesting treat the CYty of HunhAgion
Beach's Dr(twood Agreement option to purchase our Ocean New Estates home be exercised
in order to close escrow on our new home in an expedient manner.
Thank you for your professional approach to this aituation. Your promupt reVonse to this
issue will be :neatly appreciated. Please feet free to contact me (f I may be of further
assistance.
Sincerely,
Lr �3.95
Dale Wilsoa
Debra Nilson
Dale and Debra Nilson
70SI Ellis Avenue #19
Huntington Beach, CA 92648
Home l (7I4) 843-9092
Work 1 (909) S904910 X833
ptj.%] 3/315 11:37
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VI 9U9 464 9528
JIUS iMANN PURCtl.
�l
14002
June 13, 199S
Mr. Keith Brian Bohr
HousinglRedevelopment
200 Main Street
Huntington Beach, CA 92648
Dear Mr. Bohr.
We, the scndersigned, Mary Leebolt and John Gorham, have withdrawn our offer of $65, 000
to purchase Mr. and Mn. Dale Mon Is Ocean View Estates mobt?e home located at 7051
Ellis Avenue, Space 119, Huntington Beach, California 92648, for the following reason:
Green Tree Rhancial Corporation, 9600 Center Avenue, Suite # 1600 Rancho
Cucamonga, a nu;for mobile home tender, will not fund a loan due to the fact that
Ocean View Park: has a limited lease, of which only 18 years are remaining. Green
Tree's position is that a future male of the property will be impossible because of the
time limitations (i.e., an even shorter terns lease) imposed on future buyerr.
C:_ ____I
Date• �
Date:
Mary Leebolt and John Gorham
167$2 Lynn Street
Apt. #'B
Huntington Beach, CA 92649
DR1FfN1_OOp-MQB1LE HOME wNER
DECLARATIQN!QF VACANCY AND J3ECE1U-QE,13ENEFJJ
F. DALE WILSON AND DEBRA L. WILSON
the undersigned owner(s) of the mobile home in Space �� and tenants(s) of
OCMN VIEW ESTATES-, hereby acknowledge(s) receipt of any and all
relocation benefits to which helshe/they istare entitled, and waive(s) all rights to receive
further benefits under the Mobile Home Acquisition and Relocation Agreement except
eligibility to purchase or rent, housing accommodations as specified in Section VIII (B), (1),
(2) and (3) thereof. Notwithstanding anything herein to the contrary, In the event that a
subsequent agreement is entered into which amends the Mobile Home Acquisition and
Relocation Agreement increasing the Agreed Value (as defined in the Agreement) of the
mobile homes remaining at Driftwood. Agency shall be obligated to pay to Seller an
amount equal to the lump sum or percentage by which the Agreed Value was increased by
such amendment, applied to the purchase price (defined in the Agreement) paid Seller
hereunder, less attorney's fees and costs. This covenznt shall survive the close of escrow
and DOES NOT APPLY TO NON-RESIDENT OWNERS prior to May 15, 1987,•as defined in
the Agreement, nor to increases in agreed value which result from the initiation of
eminent domain proceedings or subsequent annual adjustments. The undersigned further
warrant(s) and declare(s) that he/she/they has/have vzcated the above listed space and
hereby relinquish(es) any and all rights, title, interest to possess or occupy the above listed
space.
Mobile Home Owner(s):
1. Print Name: F. DALE WILSON .
Signature:
2. Print Name: DEBRA L. WILSON
Signature:
Date:
Date:
Accepted and approved for payment of balance of funds.
Huntington Beach Redevelopment Agency
By: . - Date:
Title
gai�OVED AS TO FOFY-V
C IL D;UTT031, City Attorre,
By: Deputy City Attorney 5---? _-1
+~t • DEPARTMENT OF StNGvAND COMMUNITY DEVELOPMENT �.
=' DIvt,,,,) or CODES AND STANDARDS J w,fv
f MANVrACTURED HOUSING S
BILL OF SALE �$
7a.r ,w�.r. s•a�}
• R0C4,IHSU NVIM64lR151 rAAMJFACTVRaR Tw►Da NAtAa sew+wV NOy"
-1781201A/W,1781201B/WVr7822QjQ
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AAN4964 Westway
he f im of ninety a i x thousand fou hundred' do1ars SE,22LQQ and/or other vakmUe- conWeration in ft
unt of seventy one.
__L�UA
__.___ , the receipt of which IS hereby acknowledged, Vwe d+d sel, transfer and debver to
Redevelopment enSX of the City of nuntinaton Beach _
(BUYER)
ie day of ; 19 r nTy/our right, title and inter- ;t in and to the above deserted urTit.
V IVe certify under penaftyef perjury that: (1) f/we are the la wflicKner(s) of the er *. and (2) f/we have the right fo
self it, and (3) 1/we guarantee and wN defend the We to the unit against the dakns and demands of anyand sA
persons adskV prior to ttrs date and (4) the m7 is free of as Sens and encm&ences, except for the henhotder
shown below. whose hen presently exists and has not been paid.
TVRE OF fE4LER
OATS Or' IMECUMN
FACE Of EXECVTgN IAOORC"
4ci"
¢TATEJ
a? COOS]
TVRE of SELLER
(NOTE: The space below Is NOT for liens created by the buyer In this transaction.)
mans AOORESs I ICarn I mrATEr ail COOS,
ierftidw is ,shown in err is space• the Department of H&mkv
and C mmmft
Derekonwd *4 a av me fat the We is dear to the bw&.
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MANUFACTURED HOME (MOBILEHOME) SELLER/BUYER
DEPOSIT ESCROW INSTRUMONS (RESALES)
TO: EXPRESS ESCROW COMPANY (a Department of Corporations licensee)
14441 Beach BIvd., Suite 100
Westminster, California 92683
(714) 891-2311/(714) 531-44b2
FscrowNo. 1-67050
Date June 23, 1995
THE UNDERSIGT-ED NITM HEREBY DELnTR TO YOU, 11Z ESCROIV, THE rMhIS DESCRIBED B£L01YA�'D INSTRUCTS
YOU TO HOLD AND DISBURSE PURSUANT TO INSTRUCTIONS SET FORTH HEREIN:
A. Escrow to close on or before July 31, 1995 or as soon as pos lble thereafter.
B. The Seller under these instructions is F. DALE _WILSON AND DEBRA L. WILSON _
(hereinafter 'Seller).
C. The Buyer under these instructions is-- Redevelopment Aaencv of the City of Huntington Beach
(hereinafter 'Buyerl.
D. The following will be deposited with Escrow Agent:
1. Cash, deposited herewith ............................................. S —0-
2. Cash, to be deposited prior to the close of escrow ........................... S 96,471.00 "'
3. Total Purchase Price ................................................ S 96,471.00
"'Plus sufficient funds to cover closing costs.
E. The above referenced sums represent payment toward that certain manufactured horse described as:
Manufacturer's Name and/or Model WESTWAY Year .192a,
Size (length & width) _ 30 x 61 , D.O.H. Insignia er Federal Label# 127568 /127569.127570
Serizl# _Wk'781201A/WW781201B/WW781201C Location OCEAN VIEW ESTATES
7051 Ellis Avenue 019, Puntington Aeaeh, CA 92648-5328-
F. Escrow Agent is authorized to order an informal title search from the Department of Housing and Community Development.
Escrow Agent is relieved of all responsibility and/or liability whatsoever for any liens not of record pith H.C.D. prior to close
of escrow.
G. The subject home is and to remain in its present location, therefore this escrow is not subject to 5798.75 of the Chil Code.
THE PARTIES ACIUA0117.EDGE THAT THEY HAVE READ, UNDERSTOOD AND AGREED TO THE TEKMS, PROVISIONS
A.'XD CONDITIONS CONTAINED ABOVE A.\'D ACILNOIiT.EDGE P.ECEIPT OF A S1GA`ED COPY OF THIS DOCUA &NT.
SELLER F. DALE WILSON
DEBRA L. WILSON
ADDRESS 7051 Ellis Avenge 019
. CrrY, STATE
S ZIP CODE Huntington Beach, CA 92648-5328
TFJXPHOti'E NO. (909) 590-4910 (Work)
(714) 843-9092 (Home)
BUYER- Redevelornent_Agency of the Citv
nn Beach
B'
i
TITLE
STREET
ADDRESS 2000 fain Street
CITY, STATE
ZIP CODE nuntincton-peacb, CA. 9 648
TELEPHONE NO. (714) 374-1529
PAGE 1 OF 2
HBF.eDcv 0 Cop)Tight Express Escrow Company rev.11/14194
�W/
MANUFACTURED HOME (AIOBILEHOAIE) SELLER/BUYER
DEPOSIT ESCROW INSTRUCTIONS (RESALES)
Escrow No. 1-67050
Date June 23. 1995
H. When all documents, and cash required under these instructions have been deposited into escrow, escrow is authorized and
instructed to close this escrow, pay all liens of record azth H.C.D., if applicable, and disburse funds.
I. Escrow fees and costs for services rendered are to be paid by Buyer.
J. If the borne is presently subject to in -lieu tax, Escrow Agent shall prepare for the Seller's signature a H.C.D. Form #49S.0 to
convert the home to local property tax (LPT).
K. At close of escrow, Escrow Agent is hereby instructed not to transfer title. Escrow Agent is to hand the Certificate of Title,
Original Registration Card (or Application For Duplicate and Power of Attorney), and such other documentation called for in
these instructions relative to the transfer of title, to the Buyer. Buyer hereby relieves Escrow Agent of any and all liability in
connection with the subsequent transfer of title. Escrow Agent is c.irected to file a 'Notice of Sale or Transfer' form 476.8 with
H.C.D.
L. It is hereby understood that Buyer shall be responsible for securing Cue insurance on subject manufactured home in an amount
and with a company satisfactory to lender said insurance to be obtained outside of escrow and Escrow Agent is not to be further
concerned tbereAi&
Af. Escrow Agent is to request a Tax Clearance Certificate or Conditicnal Tax Clearance Certificate from the Orange County Tax
Collector's Office. Any proration for local property tax are to be based on this form.
N. Escrow Agent is authorized to make the following prorations as of Close of escrow
(4 Space Rent; Jx) Registration Fees, ( ) Local Property Tax. In addition, Escrow Agent is to prorate unpaid space rent
and amounts due for utilities based upon a closing statement obtained from Ocean View Est. Escrow Agent is held
harmless for the accuracy or correctness of said closing statement_
0. Following the close of escrow, Seller is aware and acknowledges that the remaining proceeds, after allowing for payment of the
charges cited above, will be disbursed as follows: 1) 75% upon clote of escrow, and 2) the remaining 25 o upon escrow being
handed a fully executed 'DECLARATION OF VACANCY AND RECEIPT OF BENEFITS' form as preNioysly approved by
the City of Huntington Beach.
P.1 Along with providing escrow with a copy of the 'DECLARATION OF VACANCY AND RECEIPT OF BENEFITS', the Buyer
shall deliver to escrow a written statement declaring the amount o-ting on any outstanding utility bill and the amount of any
agreed upon deductions as noted from the call; -through which are to be deducted from the proceeds due the Seller.
Q. Seller agrees to execute any documentation required to transfer dde of the home to the Buyer. Upon close of escrow, Seller
agrees to release all rights, title and interest in the manufactured home.
rHE PARTIES ACM OIVLEDGE THAT THEY HAVE READ, UNDERSTOOD AND AGREED TO THE TER1iS, PROVISIONS
WD CONDITIONS CONTALNED ABOVE AND ON THE REVERSE S.CDE HEREOF AND ACIDZOINIEDGE RECEIPT OF A
UG`TI) COPYOF THIS DOCUASENT.
'ELi ER'S IIr'ITI+ BUYERS IN
PAGE 2 OF 2
'BReDev (D Cop)-i,5t L:nss Escrow Company rcv.11/14/94
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907
r4
State of C009
County of 0— G
On 7 before me, •�- ���•� �o �6/%c
DATE NAME, TITLE OF OFFICER - a. .ENE DOE. NOTAR PUBLIC
personally appeared ,
NAME(S) OF SI MER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(e) whose name(&) isla+e
subscribed to the within instrument and ac-
knowledged to me that heEshQ11 wy executed
the same in hisLb4z4 i-Wir authorized
capacity(-ies), and that by his4haz44Q r
signature(&) on the instrument the person(e),
or the entity upon behalf of which the
person fs-) acted, executed the instrument.
91MY
.# 1�9, WITNESS my hand and official seal.
zNolory PU)k — CdforNoORANGE s AUG 2 Comm. Exdres AUG 29,1947
ell SIGNATURE OF NOTARY
OPTIONAL
Though the data below Is not required by law, It may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
DT CORPORATE OFFICER
Wu(sl
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDtAWCONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME of PEFSONM OR UMTYMS)
D�ELS�CR+P ION OF ATTACHED OQC�
TITLE OR TYPE OF DOCUM
NUMBER OF PAGES
_ 6%3A3
DATE OF DOCUMENT
oc
Gvi��•• �Selrers� � S?'9/�
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - VW Rommel Ave., P.O. Box 7184 - CarwVa Park, CA 91309-71 B4