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Pacific Trailer Park - 1988-09-19 (7)
Yyylr 1 . I I • r 4 CITY OF HUNTINGTON BEACH 2OW MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 25 , ; '89 Rob-in Be;i 1 24657 Leafwood Drive Murietta,, California 92362 Cnclosed is an executed copy of the Agreement for Sale of Property between the City of Huntington Beach and Robin Bell which was approved by the City Council of tho City of Huntington Beach on February 21 , 1989. Connie Brockway City Clerk CE:bt Enc, (TOephanv 714.536.5227! r �'; i�•},=+•..5`�,' r ,'';I�; `I '� w ,��.iJrMl�r�* , ( O4 11i• I ICITY OF HUNffINGTON BEACH 200D MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK f September 25, 1989 i i I Barbara Chunn;Robinson P.O. Box 6712 Huntington Beach, CA 92646 Enclosed if an executed copy of Agreement for Sale of Property between the City of Huntington Beach and Barbara J . Chunn/Robinshon which was approved by the City Council of the City of Huntington Beach on February 21, 1989. t Connir Brockway City Clerk CB:pm Enclosure IT@Wphinc 7144530-52271 J ' � l 'll. 1.' 1CITY OF HUNTINGTON BEAC MAIN STREET CALIFORNIA 92848 OFFICE CF THE CITY CLERK September' .2S, 1989 Mr. and Mrs . 01 a_f Nelson 80 Huntington Street, Space 632 Huntington Beach, CA 92648 Enclosed is an executed copy of Agreeme -t for Sale of Property between the City of Huntington Beach and Olaf & Mary Nelson which wdS approved by the City Council of the City of }iuntington Beach on February 21 , 1989. i I i Connie Brockway City Clork C6:bt Enc. s (TeWpho n.: 714•5r 8-52V) � Hunfington Beach 3000 MAIN VREET CALIFORNIA 92648 WAR TMENT OF ECONOMIC DEVELOPMENT 1 - Gf a Of ft okfaw 536-55 2 Itrl Uav$36-6511 July 21, 1989 i 1 Ms. Robin Bell i 2,4557 Leafwood Drive Milrietta, California 92362 , Dear Robin, Enclosed are an original and a copy of the Agreement for Sale of Property for your ' ruobilehome located in Pacific Trailei Park. Please sign and return the original document to the City of. Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648, Attn: Susan Hunt. The copy has been provided for your files. We appre-cl ate your attention to this matter. Fee: free to contact the at (714) 536-5274 with any question as. Sincerely, ` Su an Hunt Economic Developc,tent SH:sar Enclosures xc: Douglas N. Lei Belle, Deputy City Administrator/Economic Development City Clerk's Mice 1 1 I Y Y •'1' nip• '' •.r:.�ry?F'lFyr(''•' r 1 �; City of Huntington Beach SOD NWN STREET CALIfCIl;N!A 02II+iB DEPARTMENT OF ECONOMIC DEVELOPMENT Of'f w of to Dkoctot 536-6633 Hmaing/Rodewlopm*nt 536.5542 Public Infam mden 634.6611 July 21, 1989 Mr. & Mrs. Olaf Nelson 80 Huntington Street, Space 632 Huntington Beach, California 92648 Dear Mr. & Mrs. Nelson: Enclosed are an original and a copy of the Agreement for Sale of Property for your mobilehorne located in Pacific Trailer Park. Please sign and return the original document to the City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648, Attn: Susan Hunt. The copy h ► been provided for your files. We appreciate your attention to this matter. Feel free to contact me at (714) 536-5274 with any questions. Sincerely, Susan Hunt Economic Development SH:sar Enclosures xc: Douglas N. is Belle, Deputy City Administrator/Economic Development City M 's Office 1 r�Mr Ln r� - REQUEST FO, REDEVELOPMENT I-. EN Y ACTION "PSOYRD BY CITY COUN01- RM 89--27 9 Date wry.-CLERK Submitted to: Honorable Chairman and Redevelopment Agency Members Submitted -by: Paul Cook, Executive Director Prepared by: Douglas La Belle, Depuiy City Administrator/Ecupmni.lc Development Subject: RELOCATION BENEF M FOR PACIFIC TRAILER PARR RESIDENTS DISPLACED BY THE EXTENSION OF WALNUT AVENUE Consistent with Council Policy? [ ] Yet [ 1 Now Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Sourci, Alternative Actions, Attachments: The residents of Pacific 'trailer Park who will be displaced by the extension of Walnut Avenue have previously been extended the option to relocate to Ocean View Estates Mobilehome Park. This communi, ation proposes to extend associated benefits provided to Driftwood Phase 1 mobilehome pat.k residents who choose to relocate to Ocean View Estates. 'RE A QN: Approve additional reloca Lion benefits for Pacific Trailer Park residents. rA MS: On August 15, 1998, an Acquisition and Relocation Agreement was approved for the Driftwood Mobilehome Park res;dents displaced as a result of the Waterfront project. An option extended to these residents pursuant to the Relocation Agreement, includeF relocation to a mobllehom a park to be constructed by the city. Asso%iated benefits for the first phase residents choosing this option included purchase of a new coach if the existing mobilehome is nineteen years or older, abatement of rent four two years, reimbursement for moving cos-s, and a Suarantee of the agrees' value transferr,.d to Ocean View Estates (if the coach owner is unable to sell the coach for the agreed value on the open market, the Agenc;' will fund the difference). Although homeowners at Pacific "Trailer Park are being displaced under different conditions (the extension of Walnut Avenue, as opposed to the conversion of a mobilehome park), and therefore covered by state relocation guidelines, residents from both parks are being affected by the Waterfront project and subsequently are requesting comparable benefits. The option to relocate to Ocean View Estates will be offered as an alternative to a buyout at in-place value. Cost to the Agency for either of these relocation options is comparable. I t 1. 1 EGMum; Casts aarodated with the Walnut Avenue extension will be a scat of the Waterfront Pots. Do wt approve additional relomtion benefits for Pacific Trailer Paris residents. PEC/DLB/ H:lp 4S23h 1 s L AGREEMENT FOR SALE OF PROPERTY BETWEEN Rosin BELL AND THE CITY OF HUNTINGT0N BEACH This Agreement made this 4, day of February, 1989 by and between THE CITY OF HUNTINGTON BEACH, California, a municipal Corporation ("BUYER" ) , and ROBIN BELL ( "BELLED" ) , is for the purchase by BUYER of certain property. Whereas, SELLER is the owner of Certain property located in the City of Huntington Beac.,, California, at Pacific Trailer Park more particularly described on Exhibit "B" attached hereto and incorporated herein by this reference, and BUYER des,.res to purchase said Property for cast: and SELLER desires to sell Property to BUYER: NOW THEREFORE, the parties agree as follows : 1 . PURCHASE PRICE. The purchase price for such property is FORTY-EIGHT THOUSAND AND NO1100 DOLLARS ($48 , 000 . 00) . 2 . ESCROW. BUYER and SELLER agree to execute the 3scrow instructions and do all things necessary to complete said escrow attached hereto and incorporated herein by this reference as Exhibit "A" 3 . CONDITIONS OF CLOSING. The close of escrow is conditioned upon: a . Conveyance to BUYER of unencumbered title subject to the approval of BUYER' s Attorney. b. Delivery of possession of said Property to BUYER or its nominee, immediately on close of escrow, free and clear of all uses and occupancies except: as BUYER may agree in writing. t 4 . FAILURE OF CONDI`PIUNS. Should any of th-e conditions specified in Paragraph 3 of this Agreement fail to occur within 1 r thirty (30) Olys after the date hereof, BUYER shall have the power, exercisable by BUYER, to give written notice to the escrow holder and to SELLER to cancel such escrow; terminate this Agreement and recover any amounts paid to escrow holder on account of the purchase price of said Property. The escrow holder shall be, and is hereby, irrevocably instructed by BUYER on any such failure of conditions and receipt of such notice from BUYER to immediately refund to BUYER all monies and instruments deposited by him in escrow pursuant: to this Agreement at BUYER' s option only. S . PRORATIONS . Insurance, Insurance Premiums , and Possessory Interest Tao.. There shall be prorated between SELLER and BUYER on the basis of thirty (30) day months as of 12 : 00 midnights on the date of the close of escrow pursuant to this contract : a . L11 taxes of any kind levied or assessed against said Property. b. Premiums on insurance policies , if any, on said Property against damage or destruction by fire, theft, or the elements . 6 . BONDS AND ASSESSMENTS . Any bonds or improvement assessmen,.s which are a lien on said Property shall , on close of escrow, be paid by SELLER, except those Liens imposed by the City of Huntington Beach or the Redevelopment Agency of the City of Huntington. Beach. T. BROKER'S COMMISSIONS -- N TCRNEY' S PEES . Any and all finder ' s fees or Commissions due to real eutate Cr other brokers and all attorney' s fees as a result of this sale of raid Property shall be paid by SELLER. -2- 1 i I , \r S . EXP'ENOES OF ESCROW. The following expenses of the escrow described in this Article shall be paid by BUYER and SELLER as specified in Exhibit "A" . a . The full cost of securing the title insurance policy described in this Agreement . b. The cost of preparing, executing, and acknowledging any deeds or other instruments required to convey title to BUYER or his nominees in the manner described in this agreement . c . The cost of recording any instruments required to convey title to said Property to BUYER or his nominees . d . Any escrow fee charged by the escrow holder in addition to the conk of the title insurance policy. 9 . OWNER' S REPRESENTATIONS, COVENANTS AND WARRANTIES . As an express condition precedent to the Close of Escrow for BUYER ' s benefit , and in addition to any other representations , covenants and warranties contained in this Agreement , SELLER makes the following representations and warranties , each of which is true in all respects as of the date of this Agreement , and shall be trutz in all respects as of the closing date (as defined in the Escrow Instructions) : a . Authority to Sian. This Agreement and all the documents executed by the SELLER that are to be delivered to the BUYER at closing are, and at the closing will be, duly authorized, executed and delivered to the BUYER; are, and at the closing will be, to the best of the SELLER' s knowledge, sufficient to convey title if they purport to do so; and do not , and at thi closing will not, to the best of SELLER' s knowledge, violate any provisions of -3- 1 1 1 ! .. .. 1. 1•r,.. ..,.��•,I,..�, 1 •'�. � M.r�'�1'�'! �!'�;gip:� #. . ' �,• 1 i 1'• any agreement to which the SELLER! is a party or to which SELLER is subject, including, without limitations any prior options, purchase agreements and/or escrow instructions . b. Elisting Contracts . At the closing, there will be no outstanding contracts made by the SELLER for any improvements to the Property that have not been fully paid, and the SELLER shall cause to be discharged liens arisi-.ig from any source prior to the closing. c. Title. SELLER has, and will convey to BUYER, title to the Property free and clear of all liens , encui:ibrances , claims , rights , demands, easements , leases, licenses , agreements , covenants , conditions , and restrictions of any kind of character (including, without limiting the generality of the foregoing, liens or claims for tastes , mortgages, conditional sales contracts or other title retention agreements . SELLER shall not encumber, modify or diminish title to all , or any portion of or interest in, the Property without BUYER' s written consent . d. Litigation. SELLER is • not involved in, nor does SELLER have knowledge of , any claim, proceeding or threatened litigation, administrative or governmental proceeding or investigation, relating to or otherwise affecting t':e Property or the ability of SELLER to deliver title to the Propel %,y to BUYER. e. T,gn,nts . There are no tenants on the Property except those approved in writing by BUYER. 10 . ATTORNEY' S FEES. In the event of any controversy, claim or dispute arising out of or relating to this Agreement or the escrow or any breach of either, the prevailing party shall be _4 c i i entitled to attorney' s fees . 11. NOTXCES . Any and ill notices or other communications required or permitted by this Contract or by law to be served on or given to either party hereto, BUYER or SELLER, by the other party hereto, or by the escrow holder shall be in writing and shall be deemed duly served and given when personally delivered to any of the parties, BUYER or SELLER, to whom it is directed, o•r in lieu of such personal service when, deposited in the United States mail, first-class portage prepaid, addressed to the parties at the addresses shown below. Address : (SELLER) Address : (BUYER) 84 Huntington Street 2000 ruin Street Huntington Beach, CA 92646 Huntington Beach, CA 92648 REST OF PAGE NOT USED -5� i ,,tir• 12 . ENTIRE AGREEMENT. This instruement contains the entire agreement between BUYER and SELLER respecting said Property, and any agreement or representation resrec:ting said Property or the duties ' I of hither BUYEA or SELLER in relation thereto not gxpreWy set forth in this instruemert is null and void . EXECUTED on � '� � gff , 1989 , at Orange County, California . SELLER: BUYER: ROBIN BELL THE CITY CITY OF HUNTINGTON BEACH, -^� a municipal corporation of the State of California. Mayor ATTEST: APPROVED AS TO FORIM: 4 _ City Clerk 91OZ5 SI C�ty—Atgurney REVIEWED AND APPROVED: IN IATED AND APPROVED: City Administrator Depu y City Administrator/ Director of Economics Development -6- p . �dh w,ti• 1; • T1FFA'.4Y ESCROW ESCROW NO. SAMPLE--E $45 SrAth Harbor Blvd. DATE: December 27, 1989 ' Amhsita, California 929G:: ESCROW OFFICER: Suzanne Lester (714) "?76-7770 MOBILEHOME ESCROW INSTRUCTIONS Initial Deposit $ Cash to be deposited prior to the close of escrow $ Estimated Market Value $ 48,000 Total Consideration: $, For consideration as stated above, the undersigned Buyers are purchasing the mobilehome hereinafter described. Buyer will hand you any additional funds or documents required to enable you to comply with these instructions which you are authorized to use and/or deliver on or before January 27, 1989, p►iividcd a Certificate of Title and/or Registration Certificate is deliverable to buyer after issuance by the Department of Housing and CcrYimunity Development as follows: THE OWNERSHIP CER T II=ICAT'= AND REGISTRATION CERTIFICATE SHALL COVEt THE FOLLOWING DESLRIBI~D MOBILEHOME: i Manufacturer's Name & Model: Year of Manufacture: Serial Number(s): License Number/Decal Number: ! 01UHUD Number(s): Size (width and length): The registered owner of the mobilehome and related equipment is to be: City of Huntington Beach. The buver will accept delivery of the mobilehome and accessories, if any, at: Pacific Trailer Park, Space No-JL; Huntington Beach, California, 92648. Seller/Dealer acknowledges that all cash and/or cash equivalent must be deposited into this escrow. If such cash equivalent has been registered by the Department of lousing and Corr,munit,y Development or Department o: Motor Vehicles, its Registration Certificate, anti, if held by buyer, its Certificate of Title shall be delivered to escrow. i1I_'SIr TED DEi'f,?�i�;: In compliance with Section 18035 of the Health and S;ifety Code, all parties agree that the initial deposit will also be known as the Designated Deposit. In the event escrow holder receives written notice of a dispute betiwecyn the ri-irties and/or a demand for the return of money or documents by a party to this es:row, escrow holder is to retain the Designated Deposit in escrow until such tithe as a release is sighed by all parties or pursuant to a final order for payment by a court of competent jurisdiction. All other funds, except lender's funds as provided ?.n these instructions, lt.ss escrow costs and reasonable charges shall be returned to buyer or other third party, other than dealer or seller, who deposited said funds. _ r 17 M w� FXIIIDIT "A" 1 Moblletome Escrow Instructions Page Two BEGISIRAIJON CARD: Prior to the close of escrow, the current i-gistration card, all copies of the registration cards held by junior lienholders and the Certificate of Title will be deposit escrow. You shall be under no obligation or liability for failure to inform me regarding facts within your knowledge, even though said facts concern the property described herein, provided such facts do not prevent your compliance with these instruction w, nor shall yov be liable gor the sufficiency or con,ectness as to form, manner of execution, or validity oi' any instrument deposited or as to identity, authority, or righters of any person executing the same. Your liability aw escrow holder shall be confined to the things specifically provided for in my written instructions in this escrow. Seller shall pay all normal seller costs. Buyer Shall pay all normal buyer costs. Upon closing this escrow, escrow holder is instructed to forward or c'luse to have forwarded the necessary documentation, f,!es, and taxes to the Department of Housing and Conics vni—.;; Development to effect the transfer of the property described herein within ten (10) days from the date of close of es.r:-aw. You may deposit all funds with other :unds into an account with any State or National Bank and crake all disbursements by your check. Any notice, demand, or change of Instructions may be executed in counterpart and will !w2 considered as an original instruction. Shculd any controversy arise between the parties hereto, or any other person, with respect to the terms and conditions of this escrow, or should conflicting demands or claims he made upon you to take action of ary kind, you may witriliold all monies, securities, documents, or other iterns deposited until such controversy or conflict is resolved by agreement of the parties, or by property legal proce s.;. If you are required to respond to any legal summons or proceedings or if any action of interpieader or declai story relief is brought by you, '.re jointly and severally agree to pay all costs, expenses, and reasonable attorney fees expended or incurred by you. It is understood that no examination will be made of the personal property described in any documents deposited herein, nor shall you be :esNnsihle for condition thereof. The foregoing terms, provisions, conditions, and instructions are hereby approved and accepted by each of the undersigned. CITY OF HUNTINGT©N BEACH By Mayor City Clerk —/ Date: +I Date: 4; � rAAb If, ,r •�� ti +" , _ Mobilehome Escrow Instructions Page `h ree The foregoing terms, provisions, conditions, and instructions are hereby approved and accepted in their entirety. We will hand you necessary documents called for on our part to comply with the instructions outlined above which you are authorized to deliver when you hold for our account the money and instrument-, deliverable ,o me under these Instructions. You are authorized to pay any liens of record to complete this escrow and/or to effect the transfer of registered ownership of legal ownership, or both as shown above. We will execute a Power of Attorney in favor of Escrow Holder, if required, to facilitate the completion of the transfer as called for in accordance with the requirements of the- Department of Motor Vehicles and/or Department of Housing and Community Development. SELLER: Seller Seller Dated: ._.w....�r — 0702FI t EXHIBIT "A" 3 .n ,MOSILEWANUFACTURED HOUSINU APPRAISAL ANU WNW I OUN ncr rolls I + � PP7a NAME: Cit of Huntington Beach -- — FILMASE O:_� FIRM. Golden State Appraisals _....�.� •Ter Drive Suite l ,,, CITY:—w Newnoct�,��sh -- . ' 2663 714 72 1380 CERTIFICATE OF VALUE CASE/FILE NO. uman .55733 MANUFACTURED HOUSING YP7i5-08 EPAAED FOR: or ❑IS#e eclow) � DESCRIPTION: Huntington Beach .__.� Year 63 Mfg.Of Home Van Dyke Main Street ! Trade Name Van Dyke Size�20 X34x48 _ft4O _Sttlte CA Other ❑ Tag•A-Long C. EXpando ❑ Tip•Out Site. X _,4Z6� — Phone 1 Z14 536-55�4 Total Eit. Living Area— 820 SQ. Ft. ,-felaff fly _DartBrennan I.D.,Serial 0 471 XW «-- ,..«....... (Home Overall Condition Rating LDExcellent $]Goon ! oor Fair •❑P 'SORROWE(R ❑CLIENT x)O'fHER-R�jjsje=dO .. -- rfs+t—af.IL A?PRAISED VALUr: futfttss •---- _ _._ #.___Z Cott Guide Edit ion•hio./Yr.5/88 Value Chart Page it 272 Yellow Illy state 8218 _Phone ( )„_•. Os:preciated Rep,ncement olue o1 Home S r..-. �. —.......�_. �.„,.,,.. Pack in Place Location Value I:.P.L.V.) �. 2219 Total Value of Accessories. S 2599 Lr,, PION: ❑ Fell Simple Land i_] PUD ❑ Retailer Lot _ X Rental Patk RATING:IList) E&C'e].lswnZ _. r 1303G .tr`1+t .�.�t.I:l.f1lw f'.�Q�1� .�Otil 'E,,._1�.r3rk—_......__Total spaces IAclicated Value by the COST AfPROACIi_? - +,u.txt Fee Land Value S v _.. . Hwitingl on-Beach. ..-_ state---CA- Zip 9264B- Esornated Remaining Physical Life ,n Years 21—_lR P L.1 li;111M •t'lk' —.�� ,.LG4_. '•IOUCf ��T,ilq.__ _ _ _ ___ ;1 ;,!t Up .0 I) In +Ctic:vatc�l ,iet Upl i.Qn Fountlat nn Cvster-i ESTIMATED MARKET VALUE IS - 48000 -- L-- tPRAISER I.O. _-_.1M 0930 _PRINT YOUR (NAME ____ Jim Moore �_- __.� PHONE ( 71�) 722-1380 IS APf('iA1SAL REPORT DATED 11-21-88 _IS BASED CAN ❑II Repair In Presrm Condition Chompletton per Plani and SpQcifications �1l) MEETS THE N.A.S. PROFESSIONAL STANDARDS AND CODE CF r:TNIC. . -, E REVEME SIDE OF THIS CERTIFICATE FOR LIMITATIONS. _ ''rI�_ -�'-?t— M.H.A.S. i Signatu . ,1 Appraiser Det,gnat,aniC •,tificstion mn 0 3 Copyrighl1jI9e7 by National Appraisal Guides, Inc. Revised 3167 V.P r. 0. Cox 7800.Costa ►.less, CA 92628.9924 + LfPURCHASE 0 LISTING C FORECLOSURE 0 TR0.bE-IN OTIiEIi ----- rlr)(,wfw Bell Sp,. 715 - - Phone 1--- 1 CT^otfti+'IfG1�ATfot•I Fbfi)L,srvf on the A:,c%a att-hed Certd-cats of Yelue fe,m x;riere vennlf.ed on frarre i(_W orre[,not%enf ed.ina;ms,ble Cue to Soo up far=Nl'0 Comphance Cefld-Cats f)y]C Trne Documents Not Veriwod •,COG LatKW5l,strr Nola)��. 00 544 `tom'- � .:tisu�d by;,Nucf �iStare �u+ IAlrt '.soc Tian(AIrSU �Notly ^rpy tlsrt mmos wl Up N6(e) -- -j-�—� _.—_..—FLx YIN d.__ ISIVIol by .r ,; 11A X ovine lypll lx.nea Nolrl -....-..-. YRAiF(.'�atrf��3 issued by Slate of �+,��_�,,.t+r<t t(10 NA C None Artr,fr,el RiQ�eNateYn TAit fMU(f)---- -- 1 H995`-'�-+�--•-•-•-�-- .......E,0iraW Date�.C:h r •)89 0 HA rj NOnr moo,,rar Cabe cowowco CortrRcriwM tlr.Put*(L'st LwAten) (KIA O No," Apyrov*d Lrt.WSWAw No($) - fJ fVA O State O Local 19 Nme 11r31t1 A uM bM+1 O wilt.P'*4 9*elkin O Gct+ttib.hst�*+ La VYrth FanMy Secs+rx+ 3p«ce Fisnt f—L.tSd.�.— NAS Park A6l nq Ex n 1..l e n t aA Lwow Own C7 S"Ann ate Copy L*4.flts M-m W wwxxtt f]Goe artst,.-Mo copy p1 prrrarnene 0 tlarw apP+aved to r*rrion on spec rrXJ Yes..�....�S3si.... r3.a rnN;O Nc;aa oornrr�xs n;* yFiefrea,Orte.fW-oiot*.Est.) Thin adult park is located across the highway from the ocean. A is rated excellent_ even though it has some travel trailers. is very reasonable__-_____ This home ts ra L p .S. rtditisw-.__1_t ha n�y�,ne.l_L.it�._.._.. in bedroom and sprayed acc_o_ustic cF ilir��. Once ,- ,ide of })omtrp 341 1oP_p_ and -the ot.her si�e.__._� is 48' 1on,&.-_-- MI IS ('(1PYR TT��fr7A�1 tl T]/t 1 pFV%et:f%ins%ra ���F1ec�inn ,of Bene�f+��t To be completed by Pacific Trailer Park Coach Owners';-By placing ray/our nitials next to the appropriate option(s) , %el .t�.. ,.... ....r.. (Print Names] ) r owner (s) of the Mobilehome located on space number ._ ���.,- do hereby elect the following (Fill In Number) option(s) : , _ .,,_(other than Non -resident Tenants) : Choose one : a). Sell our Mobilehome to the Agency as soon as possible for the Appraised Value; b) Ralocate to Ocean Vir.w Estates I ; c) We will relocate w thin the Park; d) We will relocate to an area ether than the Park or Ocean View :states I ;- Date Signature Date Signature . SkH: ss 1496d p 4 M 7 rIiLil,l..9-1 ec t i an -_ , Belief i t To be completed by pacific Trailer Park Coach fawners.• •-' By placing my/our initials next, to the appropriate options) , 6/we, ,Print Name ... . ,. ` owner(s) of the Mobilehome located on J space number _ do hereby elect the following (Fill in Numbe option (s) : PHASE T { _(other than Non-resident Tenants) : Choose c?is : _ a; Sell our Mobi lehome to the Agency as soon as possible for the A.pprciised Value ; b) Relocate to Ocean View Estates I ; c) We will relocate within the Park; d) We will relocate to an area other than the Park of Ocean View Estates I ,. Date Signature Date Signature - -- .SRI{ : ss 1496d wti. 7 1 ! AGREMaNT FOR :SALE OP PROPERTY BETWEEN 01AF AND NUT WELOOM AND THE CITY OF HUNG'INGTON BEACH This Agreement made this & day of Febru4ry, , 1989 by and between THE CITY OF HUNTINGTON BEACH, California, a municipal corporation ( "BUY'ER" ) , and OLAF and MARY NELSON ( "SELLER") , is for the purchase by BUYER of certain property. Whereas, SELL`'R is the owner of certain property located in the City of Hunting' ,on Beach., California , at Pacific Trailer Park more particularly described on Exhibit "B" attached Hereto and incorporated herein by this reference, and BUYER desires to purchase said Property for cash and SELLER desires to sell Vroperty to BUYER : NOW THEREFORE, the parties agree as follows : 1 . PURCHASE PRICE . The purchase price for such property is FIFTY--SEVEN THOUSAND AND N0/100 DOLLARS ($57 , 000 . 00) . 2 . ESCROW. BUYER and SELLER agree to execute the escrow instructions and do all things necessary to complete said escrow attached hareto and incorporated herein by this reference aos Exhibit "A" 3 . CONDITIONS OF CLOSING. The close of escrow is conditioned upon: a . Conveyance to BUYER of urioncumbez ed title subject to the approval of BUYER ' s Attorney. h. Delivery of possession of said Property to BUYER or its nominee, immediately on close of esc7:ow, free and clear of all uses and occupancies except as BUYER ma,y agree in writing . 4 . FAILURE OF CONDITIONS . Should any of the conditions specified in Paragraph 3 of this Agreement fail to occur within --1� • , I thirty (30) days after the data hereof , BUYER shall have the power:, r exercisable by BUYER, to give written notices to the escrow holder and to SELLER to cancel such escrow, terminate this Agreement and recover any amounts paid to escrow holder on account of the purchase price of said Property, The escrow holder shall be, and is hereby, irrevocably instructed by BUTLER on any such failure of conditions and receipt of such notice from BUYER to immediately refund to BUYER, all monies and instruments deposited by him in escrow pursuant to this Agre�:ment at BUYER' s option only. 5 . PRORATIONS . Insurance, Insurance Premiums , and Possessory Interest Tax. There shall be prorated between SELLER and BUYER on the basis of thirty (30) day months as of 12 : 00 midnight on the date of the close of escrow pursuant to this contract : a . n,ll taxes of any kind levied or assessed against said Property, b . Premiums oct insurance policies , if any, on said Property against damage or destruction by fire, theft, or the elements . 6 , BONDS AND ASSESSMENTS . Any bonds or improvement- assessments which are a lien on said Property shall , on close of escrow, be paid by SELLER, except those liens imposed by the City of. Huntington Beach or this Redevelopment Agency of the City of Huntington Beach. 7 . BROKER ' S COMMISSYONS - ATTORNEY' S FEES . Any and all finder ' s fees or. commissions due to real estate or other br%:kern and all attorney' s fees as a result of this :salt-, of said Property shall be paid by SELLER. -2- mom 1 , 8. EXPENSES OF ESCROW. The following expenses of the escrow described in this Article shall be paid by BUYER and SELLER as specified in Exhibit "A" . a . Tho full cost of securing the title insurance policy described in this Agreement. . b. The colt of preparing, executing, and acknowledgin;1 any deeds or other instruments required to convey title to BU'PZER or his nominees in the manner described in this Agreement . c. The cost of recording any instruments required to convey title to said Property to BUYER or his nominees . d. Any escrow fee charged by the escrow, holder in addition to the cost of the title insurance policy. 9 . OWNER ' S REPRESENTATIONS, COVENANTS AND WARRANTIES . As an express condition prec3dent to the Close of Escrow for BUYER ' s benefit, and in. addition to any other representations , covenants and warranties contained in this Agreement, SELLER makes the following representations and warranties , each of which -i.s true in all respects as of the date of this Agreement, and shall be true in all respects as of the closing date (as defined in the Escrow Instructions) : a . Ault tS -5-i-SLO. Tl is Agreement and all the documents executed by the SELLER that are to be delivered to the BUYER at closing are, and at the closing will be, duly authorized, executed and delivered to the BUYER; a::e, and •at the cl.:ping will be, to the b,:.st of the SELLER ' s knowledge, sufficient to convey title if they purport to do so; and do not , and at the closing will not, to the best of SELLER ' s knowledge , violate any provisions of f ter' r• any agreement r-c which the SELLER is a party or to which SELLER is subject, including without limitations any prior options , purchase agreements and/or escrow instructions . b. $gfating Ccn cts . At the closing , there will be no outstHnding contracts Made by the SELLER for any improvements to the Property that have not been fully paid, and the SELLER shall cause to be discharged "liens a.ri -ping from any source prior to the closing . c . T1.11o . SELLER has , and will convey to BUYER, title to the Property free and clear of all liens , encumbrF-nces , claims , rights , demands , easements , leases , licenses , agreements , covenants , conditions, and restrictions of any kind or character ( including, without limiting the generality of the foregoing , liens or claims for taxes, mortgages , conditional sales contracts or other title retention agreements . SELLER shall not encumber, modify or diminish title to all , or any portion of or interest in, the Property without BUYER` s written consent . d . .j3� 5?11• SELLER it not i..ve' ved in, nor doea SELLER have knowledge of, any claim, proceeding or threatened litigation, administrative or governmental proceeding or investigation, relating to or otherwise affecting the Property or the ability of SELLER to deliver tit a to the Property to BUYER. e . Tenants . Ther;� are no tenants on the Property except those approved in writing by BUYER. 10 . ATTORNEY' S FEES. In the event of any controversy, claim or dispute arising out of or relating to this Agreement or the escrow or any breach of either, the prevailing party shall. be - 4- .ilf l,I. • • 1 I � 1 I f 'f entitled to attorney' s fees . 11 . NOTICES. Any and all notices or other communications sequired or permitted by this Contract or by law to be served on or given to either party hereto, BUYER or SELLER, by the other party hereto, or yr the escrow holder shall be in writing and shall he deemed duly served and given when personally delivered to any of the parties, BUYER or SELLER, to whom it is directed, or in lieu of such personal service when deposited in the United States mail , first-class postage prepaid, addressed to the parties at the addresses shown below. Address : (SELLER) Address : (BUYER) 80 Huntington Street: 2000 Main Street Huntington Beach, CA 52648 Huntington Beach , CA 92648 REST OF PAGE; NOT USED e a 2 . ENTIRE AGREEMENT, This instruement contains the entire agreement between BUYER and SELLER respecting said Property, and any agreemnt or representation respecting said Property or the duties of either BUYER or SELLER in relation thereto not expressly set forth in this instruement is null and vo, d . EXECUTED on _^ 1989 , at Orange County, California . SELLER: BUYER: OLAF and MARY NELSON THE CITY OF HUNTINGTON BEACH a municipal corporation of the State f California UL,AF LSON Mayor MARYELSON ATTEST: APPROVED AS TO FORM: City Clerk floz `f " ''`"City .Attorney REVIEWED AND APPROVED: IN TIATED AND APPROVED: City Administrator Dep4A City Administrator/ Dar or of Economic Development -6- j TIFFANY ESCROW ESCROW NO. .SAMPLE-E $45 South Harbor Blvd. DATE: December 27, 1989 Anaheim, California 92805 ESCROW OFFICER: Suzanne Lester (714) 776-7770 MOBI LEHOME ESCROW INSTRUCTIONS Initial Deposit Cash to be deposited prior to the close of escrow $ Estimated Market Value $ 57,000 Total Consideration: $ For consideration as stated above, the undersigned Buyers are purchasing the mobiiehome hereinafter described. Buyer will hand you any additional funds or documents required to enable you to comply with these instructions which you are authorized to use and/or deliver on or before January 27. 1989, provided a Certificate of Title and/or Registration Certificate is deliverable to buyer after issuance by the Department of Housing and Community Development as follows: 1 THE OWNERSHIP CERTIFICATE AND REGISTRA i ION CERTIFICATE SHALL COVER THE FOLLOWING DESCRIBED MOBILEHOME: 1 Manufacturer'3 Name &. Model: Year of Manufacture: Serial Number(s): Licen.-e Number/Decal Number. DOH/HUD Number(s): Size (width and length): The regist9redi owner of the mobilehome and relates equipment is to be: City of Huntington Beach. The buyer will accept delivery of the mobilehome and accessories, if any, at: Pacific Trailer Park, Space No.—, Huntington Beach, California, 92648. Seller/Dealer acknowledges that all cash and/or cash equivalent must be deposited into this escrow. If such cash equivalent has been registered by the Department of I:ousinE and Community Development or Department of Motor Vehicles, its Registration Certificate, and, if held by buyer, its Certificate of Title shall be delivered to escrow. �.5jGNATEjj?_. In compliance with Section 18035 of the Health and Safety Code, all parties agree that the initial deposit will also be known as the Designated Deposit. In the event escrow holder receives written notice of a dispute between the parties and/or a demand for the return of money or documents by a party to this escrow, escrow holder is to retain the Designated Deposit in escrow until such time as a release is signets by all parties or pursuant to a final order for payment by a court of competent jurisdiction. All other funds, except lender's funds as provided in these instructions, less escrow casts anfl reasonable charges shall be returned to buyer or other third party, other than dealer or seller, who deposited sai,f funds. EX111BTT "A" 1 a Mobilehome escrow k buctin►ns )Page Two RE��S� ON CARD: Prior to the close of escrow, the current registration card, all copies of the ru4svation cards held by junior lienholders and the Certificate of Title will be deposit escrow. You shall be under no obligation or liability for €ailtwe to inform me regarding facts within your knowledge, even though said facts concern the property described hereirs, provided such Facts do not prevent your compliance with these instructions, nor shall you be liable gar the sufficiency or correctness as to form,, manner of execution, or validity of any instrument deposited or as to identity, authority, or righters of any person executing the same. Your liability as escrow holder shall be confined to the things specifically provided for in my written instructions in this escrow. Seller shall pay all normal seller costs. Buyer shall pay all normal buyer casts. Upon closing this escrow, escrow holder is irdTructed to forward or cause to havF forwarded the necessary documen`ation, fees, and taxes to the: Department of Housing and Community Develapment to effect the transfer of the property described herein within ten (10) days from the date of close of escrow. You may deposit all funds w4h other fronds into an account with any State or National Bank and make al'. disbursements by your check. Any notice, demands or change of instructions may tm executed in counterpart ,,:ld will be considered as an original instruction. Should any cortToversy arise between the parties hereto, or and., other person, with respect to the terms and conditions of this escrow, or should conflicting demands or claims be i made upon you to take action of any kind, you may withhold all monies, securities, documents, or other items deposited until such controversy or conflict i-c resolved by agreement of the parties, or by property legal process. If you are required to respond to any legal summons or proceedings or if any action of interpleader or declaratory relief is brought by you, we jointly and severally agree to pay all costs, expenses, and reasonable attorney fee, expended or Incurred by you. It is umxierstood that no examination will be madf: of the personal property described in any documents deposited herein, nor shall you he responsible for condition thereof. The foregoing terms, provisions, conditions, and instructions tyre hereby approved and accepted by each of the undersigned. CITY OF HUNTINGTON BEAG'H By:"�<J.A4 /,—J'(�'k6a-el By. Mayor City Clerk V-0—Da*.e•� - 8 r M'obilehurne Escrow Instructiow; Page Three The foregoing terms, pro isions, conditions, ::nd instructions are hereby approved and accepted in their entirety. We will hand you nee-.,ssary documents called for on our part to comply with the instructions outlined above which you are authorized to deliver when you hold for our account the money and instr•umen's deliverable to me under these instructions. You are auths')rized to pay any liens of record to complete this escrow and/or to effsct the translAer of re istered ownership of legal ownership, or Moth as shown above. We will execute a Pow,r of Attorney ir, favor of l scro i Holder, if required, to facilitate the completion of the transfer as called for in L reordance with the requirements of the Department of Motor Vehicles a. 3lur Department of Housing and Community Development. irLI.ER: • t L+a Seller Seller f)70111 t G�� r 1 r . mvoso-rjMANU1wAU I WOW tliwaUSINU APPRAISAL AND CONUI I ION HrZe RT CitT 2f Huntington Beach -- FILWASE#:-EP71 3.:05 Dover . .a. �� _..... _..� CITY:-.—.13ewT:.t--Raach _. CA 7It�• 92663 __._. t�wl�IVF r _ 214► ....2 � _ _ - I s CERTIFICATE OF VALUE CASE/FILE NO. DER 55732 MANUFA%'&'TURED HOUSING ii PP713-05 PARED FOR. or ( 1(Se v Do!I tw) DESCRIPTION: p M.tmr! Ci.ty..Q ._HUntingtUn .�ICh_ .. . ..__._.. .._� Year bZ_..Mfg.of Home '1e�14 wSs 2�►lC�l��� �'.� _.._ ._....... .._.__,...# Trade Name Fleetwood - _Stau CA other 0 Tag•A•Lon9 El Expendo ❑ Tip Out — -Out , X I ..9+2.64$— Phnne (.._714 53A"`5l,G Tottl Est. Living Area — 260 ..S'd Ft. I.D.rStrial s .__ $18B UFX _ Home overall Condition Rating flExtellent CJGnod ..Fair [Poor HROWER OCLIENT (30THER—Rtagi jr ed Nner APPRAISED VALUE: % tot+ 71. Cost Guide Edition-Mo./Yr. 5188 Value Chart Page V 262 Yellow .......State11770 ,YPltane ( ) r Depreciated Replacement Value of Home $ --- Park in Place Location Value (I.P.L.V.) S 31 a Total Value of Accessories. . . S 017 F4710N: 0Fec Simple Land Cl PUD C7 Retailer Lot Rerslal Park PiATING:(Lost)_ Excellent Pacific Mobile Home rrat]Isuar.L.s 265 indicated Value uy the COST APPROACH $ 18965 .... _. _ O Huntington. Street Fee Lind Val„c $ hUllta,ngcQrl ,(.each. - _ jtiltr!,. CA .. . Zip -9 9V16V Est mated Fternainontl Physical Life in Ygars_21 ,_.,_IR P L 1 „n ( 714 t 536-3832 _ _ ' Firtutl Rituu) I r��rtt,ol 'r�•t l.p r �Diii •n IE.<:.rj:ur!+I S• t IJlti I �t7n Frnnu1,111ltn Sy,ir.m ESTIMATGU MARKET VA!,UE r3 _� - 57000 RAISER I.n. ._ _..125�93U..._PIIINT YQUR rJAME ....-Jim Moors _ _. PHONE I — 714 ,_.722--I ; 30 APPIIA,SAL REPORT DATED 11-1G-t%�_ IS BASED ON II Repairer 2I1n Present (t.ndition 0Compietion por Plant and Specifications MEI•TS THE N.A.S. P140FESSIONAL STANhAHDS AND CODE OF ETHICS " / ' , �. l�.ra REVERSE SIDE OF THIS CERTIFICATE FOR LIMITATIONS. �'" r'��'` " L —_— M.H.A.S. / Signature of Appraiser Oes�yr•rUoniCert�ltcat�On 0 3 Copyright401887 by National Appra:sal GuitleS. Inc. Rvvised 3187 V.9 r F f). ao% 7800. Costa Mesa.CA 921526.9924 t 6 PURCHASE 0 L'STING CJ FORECLOSURE i_-;TRACE-IN u OTHER 0w,rsef Nelson Nione 2. 713 net — Phone) 1 ?IDlNTIFtCIiIOM iMj(t)Wad on the above attAned CerLhcate nl wwe irrm 'YWeie ver.hita on Irarre ,Wete not vat ihed.,neccesistlie rhie:o sel•vp By HUD Cc rpl-ance Ceih6cilo by'NI tie ULcuments Z Not Vc.Cud uon Cads LaotwStcrar 1`40(s).. _ _ Could not read lesuea ny=Hud '(,State ::industry Astotial•on IAN;t) Z Notes e417Y"far•Assessment Tah"I) For Year of - -- - —--Its O Cy i.3 NA SNpne We L,cerse Mate) AAU 7 7 3 b :sivnd try State of_ CA ._ _._�L3 NA C Wnne 1iW'"a t1al Re"hatgn U0 No(s). - -- — MH9014126 �Esprration Date . __. _r NA C None MW ltk+V&Corte CtrVMM:o Ce(trikato lDale Ptate(List Location) NA ,.None WJQAtott Appnetvd Lw04'31rtker Nda) ' C WA O State r;Lct*i --KNtxu X&T= 8 AdyM OHM/ Cl W4h Pal Seclwn O Camor wUit t J 4itr FrmYy3.cm�n S?Ke Vert L__.�t rQ.. NAS Part fietrry. FYr 1 1 Q�C - -- t$L~ CI ilea O 5"Atteehet!Cagy 9 FI*Mx Moreh to Yontr, J or Inns.C No See 68n'grwnti 1011 lOwwvetKY Peer corona.FW",a.1: _ Ihis adull—Da k ; 1G.Ga t'f+(��C:�]�� Park is rated excel ent even though it has some :ravel trailers. Rent is- very ncas�rrable ,___._ This EXHIBIT "n" 1 t AGREEMENT FOR SALE OF PROPERTY r BETWEEN OLAF AND MARY NELSON AND THE CITY OF HUNTINGTON BEACH ' This Agreement trade this ,,.,r day of February, 1989 by and between THE CITY OF HUNTINGTON BEACH California, a municipal corporation ( "BUYER") , and OLAF and MARY NELSON ( "SELLER" ) , is for tha 'purchase by BUYER of certain property. Whereas, CELLER is the owner of certain property located in the City of Huntington Beach, California, at Pacific Trailer Park more partic:.rlsily deg ;ribed on Exhibit "B" attached hereto and incorporated herein by this reference, and BUYER desires to purchase said Property for cash and SELLER desires to sell Property to BUYER: NOW THEREFORE, the parties agree as follows : 1. PURCHASE PRICE. The purchase trice For such. property is FIFTY-SEVEN THOUSAND AND HO/100 DOLLARS ($57 , 000 . 00) . 2 . ESCROW. BUYER and SELLER agree to execute the escrow instructions and do all things necessary to complete said escrow attached hereto and incorporated herein by this reference as Exhibit: 3 . CONDITIONS OF CLOSING . The close of escrow is conditioned upon : a . Conveyance to BUYER of unencumbered title subject: to the approval of BUYER ' s Attorney. b. Delivery of possession of said Property to BUYER or its nominee, immediately on close of escrow, free and clear of all uses and cccupancies except as BUYER may agree in writing . 4 . FAILURE OF CONDITIONS . Should any of the conditions s9ecified in Paragraph 3 of this Agreement fail to occur within -1- e ' 1• it n a l S l 1rc.t l an_._o f Yan 1L._ To be completed by pacific Trailer park Coach Owners'.By placing my/our initials next to the appropriate option(s ) , .n Print) Name[s] ; owner s}i of the Mobilehome located on space number r y do hereby elect the ;following (Fill in Number) option(s) : pHASg I--TENANTS (other than Non-resident Tenants) : Choose tine ; - r �e- 4fA a) Sell our Mobilehome to the. Agency as soon as possible for the Appraised Value; b) Relocate to Ocean view Estates I ; .- c) We will relocate within the park; .. , d ) We will relocate to an area other than I the nark or Ocean View Estates I ; i Date Signatpre y Date Signature SRH : s, 1496d ti cr EXT-rIBIT "B z • - 1 To be completed by Pacific Trailer Park Coach Owners'. - By Placing try/our initials neat to the appropriate options) , • i Prin Name s c r ] ) owner 0 of the Mobilehome located on space number y do hereby elect the following (Fill in Number) - op�z. t.S) 12IIA E I TENANTS— other thbn Non--resident Tenants) Choose one : �/'� ��• � ► a) Sell our Mobilehome to the Agency as soon as possible for the Appraised Value; b) Relocate to ocean View Estates I ; c) We will relocate within the Park; d) We will relocate to an area other than the Park or Ocean View Estates I ; Lv Male Signatiiire lute Signature SRH: ss 1.496d r 00 EXHIBIT "B" 2 1 1 r= AGREEMENT FOR SALE OF PROPERTY BETWEEN BARBARA J. CHURN/ROBINSON AN.7 THE CITY OF HUNTINGTON BEACH This Agreement made thisr9 day of February, 1989 by and between THE CITY OF HUNTINGTON BEACH, California, a municipal. 4 corporation ("BUYER") , and BARBARA J. CHUNH/ROBINSON, ( "SELLER" ) is for they purchase by BUYER of certain property. 4 Whereas, SELLER is the owner of certain property located in the City of Huntington Beach, California, at Pacific Trailer Park more particularly described on Exhibit "B" attached hereto and incorporated herein by this reference, and BUYER desires to purchase ,^•.aid Property for cash and SELLER desires to sell Property to BUYER: NOW THEREFORE, the parties agree as follows : 1 . PURCHASE PRICE. The purchase price for such property is FIFTY-NINE 'THOUSAND THREE HUNDRED AND N0/•100 DOLLARS (0059j300 . 00) . 2 . ESCROW. BUYER and SELLER agree to execute the escrow instructions and do all things necessary to complete said esc::ow attached hereto and incorporated herein by this reference as Exhibit `A" 3 . CONDITIONS OF CLOSING. The close of escrow is conditioned upon: a . Conveyance to BUYER of unencumbered title subject to the approval. of BUYER' s Attorney. b. Delivery of possession of said Property to BUYER or its nominee, immediately an close of escrow, free and clear of all uses and occupancies except as BUYER may agree in writing . 4 . FAILURE OF CONDITIONS . Should any of the conditions specified in Paragraph 3 of this, Agreement fail. to occur within Y • r thirty (30) days after the date hereof, BUYER shall have the power, exercisable by BUYER, to give written notice to the escrow holder and to SELLER to cancel such escrow, terminate this Agreement and recover any amounts paid to escrow Colder on account of the purchase price of said Propert,_,. Th% escrow holder shall be, and is hereby, irrevocably instructed by BUYER on any such failure of conditions and receipt of such notice from BUYER to immediately refund to BUYER all monies and instruments deposited by ' him in escrow pursuant to this Agreement at BUYER' s option only. 5 . PRORATIONS . Insurance, Insurance Premiums , and Posmessory Interest Tax. There shall be prorated between SELLER aad BUYER on the basis of thirty (30) day months as of 12 : 00 midnight on th8 dates of the close of escrow pursuant to this contract: : a . All taxes of any kind levied or assessed against said property. b. Premiums on insurance policies , if any, on said Property against damage or destruction by fire, theft ► or the elements . 6 . BONDS AND ASSESSMENT'S. Any bonds or improvement assessments which are a lien on said property shall, on close of escrow, be paid by SELLER, except those liens imposed by the City of. Huntington .Beach or the Redevelopment Agency of the City of Huntington Beach, 7 . BROKER' S COMMISSIONS AT" ORNEY' S FEES . An# y and a.11 finder ' s fees or commisbions due to real estate or other brokers and all attorney' s fees as a result of this sale of said Property shall be paid by/ SELLER. -2- ® . PXPENSES OF ESCROW. The following expenses of the escrow described in this Article shall be paid by BUYER and SELLER as specified in Exhibit "A" . a . The full cost of securing the title insurance policy described in this Agreement . b. The cost of preparing . executing, and acknowledging any deeds or other instruments required to convey title to BAR or his nominees in the manner described in this Agreement . c . The cost of 'recording any instruments required to convey title to said Property to BUYER or his nominees . d . Any escrow fee charged by the escrow holder in addition to the cos; of the title insurance pot:.cy. 9 . OWNER ' S REPRESENTATIONS. COVENANTS AND WARRANTIES. As an axpreas condition. precedent to the Close of Escrow for BUYER' s benefit, and in addition to any other representations , covenants and warranties contained in this A.yreement , SELLER makes the following representations and warranties, each of which is true in all respects as of the date of this Agreement, and shall be true in all respects as of the closing date (es defined in the Escrow Instructinns) : a • allthQ ritX tg ftjan• This Agreement; ana a l l the decuments executed by the SELLER that are to be delivered to the BUYER at closing are, and at the closing will be, duly &uthori.zed, executed and delivered to the BUYER; are, and at the closing will be, to the pest of. the SELLER ' s knowledge, sufficient to convey title if they purport to dO so; and, do not,, and at the Closing will nct. to the best of SELLER' s knowledge, violate any provisions of -3- 1 a 4 v any agreement to which the SELLER is a party or to which SELLER is subject, including without limitations any prior opt3,ons , purchase agreements and/or escrow instructions . b. Existing Contrpcta. At the closing, there will be no outstanding contracts made by the SELLER for any improvements to the Property that have not been fully paid, and the SELLER shall cause to be d.'scharged liens arising from any source prior to the closing . c. T.j..t g. SELLER has , and will convey to BUYER, tittle to Lhe Property free and clear of all liens , encumbrances , claims, rights, demands, easements , leases , licenses , agreements , covenants, conditions , and restrictions of any kind or character. ( including, without limiting the generality c,,L the foregoing, liens or claims for taxes , mortgages , conditional sales contracts or other title retention agreements . SELLER shall not ' encumher, modify or diminish title to all, or any portion of or interest in, the Property without BUYER' s written consent . d. Litigutign. SELLER is not involved in, nor does SELLER have knottledge of, any claim, proceeding or threatened litigation, administrative or governmental proceeding or investigation, relating to or otherwise affecting the Property or the ability of SELLER to deliver title to the Property to BUYER. e. TonaAt_A . Where are no tenants on the Property except those approved in writing by BUYER . 10 . ATTORNEY' S FEES. In the event of any controversy, Maim or dispute arising out of or relating to this Agreement or the escrow or any breach of either, the prevailing part, shal•). be _q- t I Mob a. •rr.. 3 entitled to attorney' s fees . 11 . N(YfIC ES. Any and all notices or other cammnunications i t required or permitted by whin Contract or by law to be served on or Z given to either party hereto, BUYER or SELLER, by the other party ,I • hereto, or by the escrow holder shall be in writing and shall be r deemed duly served and given when personally delivered to any of the parties, BUYER or SELM, to whom it is directed , or in lieu of such personal rervica when deposited in the Unified States mail, first-cliuss portage prepaid, addressed to the parties at the addresses shown below. SELLER may change his address for the purposes of this section by giving written notice of such change to the I3WER in the manner provided in this section. Address : (SELLER) Address : (BUYER) 80 Huntington Street 2000 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 REST OF PAGE NO± USED t1 12 . ENTIRE AGREMENT. This instruement contains the entire agreement between BUYER and SELLER respecting said. Property, and any agreement or representation respecting said Property or the duties . of either BUYER or SETTLER in relation thereto not expressly set forth in this instruement is null and void. FMCUTED on �., �, 1989 , at Orange County, California . SELLER: BUYER: BARbAItA J. CHUNN/ROBINSON THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State f: California Mayo r ATTEST: APPROVED S TO FORM: City Clerk -� �" w City Attorney REVIEWED AND APPROVED: IN MATED AND APPROVED: City Administrator Depft City Administrator/ Dirdetor . of Ecnnomic Development -6- ,..r.r.� �.. �..........�.•r•r..•w+.w....�•....-..a.w........+w••+ ++r-r.•+�.�.+a+.......r��.��.........•;. � ...w.+r�.«ra—.n+.ww.•+...+�+r r+.j .—�r• �+..... w+...r••w•.r++r...w _ 7ay'1 1 ► 1 ly'1 Room, 1 • TIFFANY ESCROW ESCROW NO. SAMPLE--E 845 South Harbor Blvd. DATE: December 27, 1989 i; Anaheim, California 92805 ESCROW OFFICER: Suzanne Lester (714, 776--7770 MOBILEHOME ESCROW INSTRUCTIONS initial Deposit $ Cash to be deposited prior to the close of escrow $ Estimated Market Value $ 59,400 Total Consideration: $ For consideration as stated above, the undersigned Buyers are purchasing the mobiieliome hereinafter described. Buyer will hand you any additional funds or documents required to enable you w comply with these instructions which you are authorized to use and/or i deliver on or before January 27, 1989, provided a Certificate of Title and/or Registration Certificate is deliverable to buyer after issuance by the Department of Housing and Community Development as follows: THE. OWNERSHIP CERTIFICATE AND REGISTRATION CERTIFICATE SHALL COVER THE FOLLOWING DESCRIBED MOBILEHOME: Manufacturer's Name & Model: Year of Manufacture: Serial Number(s): License Number/Decal Number: DOH/HI.11) Number(i): Siz.- (width and length): The registered owner of the mobilehorne and related equipment is to be: City of Huntington Beach. The buyer will accept delivery of the mobilehome and accessories, if any, at: Pacific Trailer Park, Space No.__,_, Huntington Beach, California, 92648. Seller/Dealer acknowledges that all cash and/or cash equ, . this escrow. If such cash equivalent has been registered by the Dapart111C11i U, i1c,u:j:1,6 Community Development or Department of Motor Vehicles, its Registration Certificate, and, if held by buyer, its Certificate of Title shall be delivered to escrov.,. �14�#.d�.�? (T: In compliance with Section 1$035 of the He�llth and Safety Code, all parties agree that thi, initial deposit will Else be known as -the Designated Deposit. In the event escrow holder receives written notice of a dispute between the parties and/or a demand for the return of Honey or documents by a party to this escrow, escrow holder is to retain the Designated Deposit in escrow until such time as a release is signed by all parties or pursuant to a final order for payment by a court of competent jurisdiction. All other funds, except lgnc' is funds as provided in these instructions, less escrow costs and reasonabie charges sha!i be returned to buyer or other third party, other than dealer or seller, who deposited said funds. EXHIBIT "A" 1 r rrl+'wi..,.en.w•r..ww•I.•wY.-..rw r•....+.r.r+rr.M T`«n.+.�+�.•.....r.rl`*..n. 1r+�'.r•�w.. .r•�...R��rn+rw.+.+�....�..,w...rr�•�..q.....r.w..••r+.••.«..r r wwr.r,gwr}w..♦.,-I'1r+i'+.+ww•gyp-w-�..n�+rF�F*rT rinylll*M!'.�•�MMr'I•M'►"R'I+fRl ;r MONO . r r i rr r Mobilehome Escrow Instructions Page Two ISTRAr K&ARD: Prior to the close of escrow, the current registration card, all copies of the registration cards held by junior lienholders and the Certificate of Title will be deposit escrow. You shall be under no obligation or liability for failure tn inform me regarding facts within your knowledge, even though said facts concern the property described herein, provided such facts do not prevent your compliance with these instructions, nor shall you be liable gor the sufficiency or correctness as to.form, manner of execution, or validity of any instrument deposited or as to identity, authdrity, or righters of any person executing the same. Your liability as escrow holder shall be confined to the things specifically provided for in my written instructions in this escrow. Seller shall pay all normal seller costs. Buyer shall pay all normal buyer costs. Upon closing this escrow, escrow Bolder is irLstructed to forward or cause to have forwarded the necessary documentation, fees, and taxes to the Department of Housinx and Community Development to effect the transfer of the property described herein within ten (10) days from the date of close of escrow. You may deposit all funds with otI-rer funds into an account with any State or National Bank and make all disbursements by your check. Any notice, demand, or change of instructions may be executed in counterpart and will be considered as an or!ginai instruction. Should any controversy arise between the parties hereto, or any other person, with respect to the terms and conditions of this escrow, or should conflicting demands or claims be made upon you to take action of any kind, you may withhold all monies, securities, documents, or other items deposited until such controversy or conflict is resolved by agreement of the parties, or by property legal process. If you are required to respond to r,ny legal summons or proceedings or if any action of interpleader or declaratory relief is brought by you, rip )I,tintly and severe'.ly agree to pay all costs, expenses, and reaaaciita'We attorney fees expended or incurred by you. It is understood that no examination will be made of the personal property described in any documents deposited herein, nor shall ,you be responsible for condition thereof. The foregoing terms, provisions, conditions, and instructions are hereby approved and accepted by each of the undersigned. CITY OF HUNTINGTON BEACH 1 Iayor City Clerk Date: � ..w Date: ,,y .wr*rirw,+n+r.rn+, .swnr« r► "wyr+•.,r-..{.-,,.-r.r..:F+-.r«c*r.» ,r•a+T-W...r..l+F.•,v.1(M+n+Nlrw. T.rv.M"".'4" y"r . ,•f..,,M•'III!.+y...nw�..r.n»,.tM►+!1'w �.}..,,..+rs.t'I'--r1nr• r •**^'"'"r""'"""""' AJ :g t 5' 4 h, �• rx' wr+r■ Mn*wrgrr+�+ r.xham•+s't�^t r � '$"t � �V i i yt t d r ,i obilehome Escrow Instructions Page Three The foregoing terms, provisions, conditions, and instructions are hereby approved and accepted in their entirety. We will haad you necessary documents called for on our part to comply with the instructions outlined above which you are authorized to deliver when you hold for our accouunt the money and instruments deliverable to me wider these instructions. You &re authorized to pay any liens of record to complete this escrow anWor to effect the transfer of registered ownership of legal owncrship, or both as shown above. We will execute a Power of Attorney in favor of Escruw Holder, it' required, to facilitate the completion cf the transfer as called for in accordance with the requirements of the Department of Motor Vehicles and/or Department of Rousing and Community Development. SELLER: By,(� r�'y'•72� By: Sell& Seller Date: 744_- 0701 li r EXHIBI-2 "A" 3 �r r MOBILE/MANUFACTURED 1101.":"INS; APPRAISAL AND CONDITION REPORT ,API L.'C.A14T3 NAML'•_ City of Hun tiny ton Peach_ FILMASE#: PF772-06 APPAWSAI.FIFW: Golden Stat 8 cITY _�0 Q_An�raisals h .._.. 81 Dover Drive, Suite 14 ��C ,TATi»: � Chi xIP:_ 92663 PHONE:( 714 �22-1380 CERTIFICATE OF VALUE MANUFACTURED HOUSING CASFIFILE NO. NUMBER 5 5 7 31 PP722-06 PREPARED FOR: ar ; (See Below) � DESCRIPTION: r rm �'J1f14 Ca_t4"of !!!A-.n9t2t Heq,.h _- - Year 66 "Afg.Of 'iom Skyline Main Street # Trade Name Sk3►l�ne Site 20 x 52 Truntingtgn Beach State CA Other L7 Tag•A•Long ❑ Expando G Tip-0ut Size, X Z u .. _.___ .6 Phone ! 714 )5?p-5544 Total Est. Living Area_ 1040 Sq. Ft. O•,tyr�,: try 5� j. >� ____._... I.D. Serial at 329}X_.._._ ..�W -- --- -..•--..:- . Home Overall Condition Rating ❑Excellent ZQGOod " ❑Fair c5oor r1S0f1HQWCR ❑CLIENT MOTHER—Be.9il'?. APPRAISED VALUE: Address # Cast Guide Edition-Mo./Yr. 5/88 Value Chart Pacla rr 267 Yellow City— _ —Stale—_ Oe.pr^ciated Replacement Value of Home y 13335 ! r -------•--` y +r�� .. ....�.......... Park rn P!ace Location Value (I"P.L.V.) 5 3600 ! � Totat Value of Acces,ories. 3510 LO���'T•IOC��: r- $— J Fe-n Strt;plo: Land ❑ ►.�UG ❑ Retailer Lot x; i't ,;a1 r7:rrk RA'rl"1C;: IList)— .��YS:��'1L' „rr t n;! ,, �0 '.Q'��le_H "` ryry ,,,,,���� I , 5 Indicant! Value by the COST APPROACH ZU445 ..--P Q..1s�:_.LL7r _ Lon_ SLr ,e(: -__- - ----. F,e L,,nd Value . . . . . . . $ -0- j Mtill ,'Qjl auch_ zip _9_2vA�i Estimated Remaining Physical Life in YCarS 20 (R.p.L r +='' r^• 714 ) 536-: 8 � FlDcti Fd rt nn_ 1C1 rtr•r1 S.t U;r r'p q n •Excava;rtr S,!! Up) J . FOLMd.lrton Srstr.m ESTIMIATED MARKET VALUE . IS 59300 ! A1ri RA1,SER I.L. _.1_750930 pP�l'Jr YOUR ^I:."AE ___ Ji1It Moore— PHUN[ ( 714 ) 7��-1380 I THIS APPRAISAL- REPORT DATED_ 11-16 `88 IS BASED ON "—if Repai �In Present Condition ❑Completion per Plans and Specifications ( AND MEF S THE N.A.S. PROFESSIONAL FI-ANDARDS AND CODE OF ETHICw s;��• SEE REVERSE SIDE OF TIM CERTIFICATE FOR I.IMITATiONS. Q�Ij?i,' /`� =Gt����� M.ff.A.S. Z: Signature of Appraise! bes1¢natiofr/Certif;Cal lon =;rrn or J CoPyw',!'l 'rr I'.'r37 by Na!:Onal Appraieal Guides, Inc. Revised 3167 V.P P. C. pox 7900, Costa M,sse, CA 92628-9924 r' -."Lt1AN PURCHASU r: 1 )1 0 LISTING ❑FGP. CL05UR N E 0 TRADE-IN D OTHE n;,trar.+0.•., _C11Url_— c•��tOrrrwr__ —..— _ ,.W Phonel il)%JLCT IVFNTI?:ICATICIFI i:AI fl0ts)t,�.h4 on Iha atx+ve s t;.crre�!Cendtata v:V+;'r:u'c.rrn U W3re verlt+ec on frame. ❑Were root Dented.maccesa bte 4ue to set-up ay C:HUD COMChIPCO Certd.;«:e Ely x title Oecumenta Net Venrtad ao-strucoon Cute I.Mw;,'Stwj r No1s) _Could_..I')_2 t_��p_ Iris d br;�stud ❑State "I IrDduitry Aa•xratwfn(ANSI) !,Mnne Aesl FepMe TM A:Aaeessrt'wr it Trb Nois)- For Fear d_ lw n d Illy_._ --..DNA j%No" T"W Lkefte NQr.)�. _____ _ ... _ FC b87(�FC68 7 7 _leaked by state of CA [I NA ❑Nwre .'er~•de Type Am"firr;,f.DINs1IM Tub Not!) HU -5343624 Expnatran Date 198A Hud w OU"Modw*CoOp Carew C40 ka"eta Pfwsa R tat I.Or OW).— ~ w NA Cl MON ist ahstbn ApfxoYaa litseVBtMalww IMv1q —---- - ._.. ... O IUA CJ State C]best X Mane ,.w fIYM0GR1'R1M 6 T1 AAO Only 0 W t Met 5K n ❑Celslbkset M O*Vh f'M*S+raso+t tftP. liertf i_...._2 5 0_—. HAS P,r;c Ratwq Excellent -'iw WW01A*W' n M O!Liss Rafted Cafr X tgwnart Mwrh tc IAartt e mad rr.or :O Mo See,kmronr" C ,�.K„�,,ovar,,,., .,tart,, )__-_. admit. vaKk is located across th'he v trom the ocean* Park is rated gygn... hl�gh it,�as a�me ..trnue.1..._CLtiilnra=-- -i2Pnt it3 vPL-}* r -asonehle�_ ...�...._... . .Th.ia h�ttta_ i.q ra .d n�>�ond.it_ioa... W�..�QUld�-net_ l-owe tte-Con c: t iop Tag. This homE! rotild have a lr4..btfo.t _.QUL..,. ~ `l�✓ /rbr /,6 1_L "Ad ro" 06 REV15f01M vP>' 6M GPM& ' 1 To be completed by Pacific Trailer Park Coach Owner;; . � s By placing my/our initials next to the appropriate option(s) .r- I�`ir, C:�,►�l/���jJ _14? ljlrti/. 9�..� (Print Name[s] ) i ....,.. _ _ owner(s) of the Mobi Z ehome located on space number �� -. do hereby elect the following (Fill in Number) i option(s) : kUASE _I JENANT (other than Non--resident Tenants) : "X Choose one : a) Sell our Mobilehome to the Agency as soon as possible for the Appi:•aised Value; b) Relocate to Ocean View Estates 1 ; c) We will relocate within the Park; d) We will relocate to an area other than the Park or Ocean View Estates 1 ; Gate Si nature g Date w Signature �... _.._ .. SRH: ss 1496d - 19 EXHIBIT "P" 2 I r • r AMR& L ' REQUEST FOR CITY COUNCIL ACTION Data -February 6 # 1989 Submittul to: Honorable Mayor and City Council SF!hmittW by: Paul E. Cook, City Administrator --�` PMeradby: Douglas La Belle, Deputy City Administrator/Economic Dev Subject: ACQUISITION OF 140BILEHOMES IN PACIFIC TRAILER PARK I I APPROVED BY CITY COUNCIL 9 Consistent with Council Policy? �f7- Stetteawntc} l New Polic.�� or Exception / f Issue�omm�� ndinq Source, Alternative Action., Attachments: Transmitted for ,your approval are purchase agreements between the City of Huntington Beach and three coach owners in Pacific Trailer Park for the acquisition of their mobilE.homes . RE 0 Authorize the acquisitions and approve the attached contract of sale and authoriue their execution by the City. AAMI m The extension of Walnut Avenue will permanently impact seven mcbilehomes in Pacific Trailer Park and requires that the City offer relocation benefits to affected residents . These benefits inc Luce an offer to purchase at appraiser] value, reimbursement for moving expenses, rental assistance up to $4 , 000, and replacemant• housing; costs up to $15, 000 ,• An alternate option offered to these residents will be the relocation benefits offered to Driftwood Phase I coetch owners , specifically relocation to Ocean View Estates , two year;, of free rent; the purchase of a new mob:ilehome if the exi.sting coach is 19 years or older and guarantee of appraised value after the coach has been relocated to Ocean View Estates . Three of the Pacific Trailer Park residents have requested a r4g(--aft of th,Ar coach at appraised value . Attached are the purchase �= agreements necessary to acquire the coaches and initiate escrow..: n Alm / n �k it 6 : j w cZ to 1. Individual purchase agreement:), 2 . Election of, benefit form =�= 3 . Coach bppraisals DL8;SkH: nbm ( 1990d) P10 SAM 4 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92643 OFFICE OF THE CITY CLERK 1 January 11 , 1989 Laura Plunkett 80 Huntington Street Space 510 Huntington Beach , CA 92548 the City Council of the City of Huntington Beach the regular meeting held September 19, 1988, approved Agreement for Acquisition and Imp►1ovements of Real Property and Relocation of Tenants between Fox Hills Trailer Park and the City of Huntington Beach. Enclosed is an original agreement for your records . Connie Brockway City Clerk CB:b4 Erc. (T#Iepfxmc: 71453"2V) i yl• CITY F HUNTINGTON BEACH ? Ij 20M MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK f 1 January 11 , 1989 Gertrude Martin 47 Southampton Newport Beach, CA 92660 Tile City Council of the City of Huntington Beach at the regular meeting held September 19, 1988, approved Agreement for Arquistion and improvement of Real Property and Relocation of Tenants between Fox Hills Trailer Park and the City of Huntington Beach. Enclosed is an executed ropy of the agreement for, your records. G-' Connie Brockway City Clerk CB:bt Enc. ' ' (Ts.ptrww: 7ti•5.16 6277) �Mr REQUE.. i FOR CATS' COUNC,.,.�; ACT! 9 $8-31 September 19, 1988 Data _ Honorah!e Mayor and City Council Members Submitbod to: --- ,� Subrrnittad by: Paul E. Cuok, City. AdministratorV 1/f Douglas N. La Bella, Deputy. _ity Administrator/Economic Developme Prepared by: PACIFIC: TRAILEV PARK ACQUISITION AND ELQC61,10 &aRj FF deNT Subject: Pop wtaERFRONT PR031:CT At 0VZD n CITY COUNCIL Consistent with Council Policy? Yes [ l New Policy or 'x�e„ tin , •-�... u at Stats•rnent of issue, Recommendblion, Analysis, Funving Sourca, Alternative Actions, Attachments: STATEMENT OF I;SUE: Transmitted for City Council consideration is a modified Agreement with the owners of Pacific Trailer Park regarding the acquisition of needod right-of-way and improvements, the completion of public and private improve--%writs as it relates to the Walnut Avenue extension for the Waterfront Phase I Project, and the relocation of residents impacted by the Walnut Avenue alignment. This Agreement has beer) prepared to meet the agreement provision indicated in the Planning Commission approval. recommendation for Precise Plan of Street Alignment 88-i. RECOMMENDATION: Approve and authorize tho execution r,f the: modified Pacific Trailer c=a.rk Acquisition and Ylelocatian Agreement. ANALYSIS,- For some time staff has been meeting with representatives of Pacific Trailer Pork to address a variety of natters rc.'ating to future street improvements adjacent to Pacific Trailer- Park including but not limited to Walnut Avenue. The attached Acquisition and R !location Agrc ment ;s intended to r,�!solve those matters that will impact the mirk as a result of Waterfr:ir,. Phase I Project awl the: cimpletion of the initial portion of the Walnut Av,cnue exten;ion. Tiles Agreement is intcnded to merely set forth the methodology that will oe assumed for the subsequent acquisition of right-of-way and improver,,ents for Walnut Avenue- and the obligations that will be as."uni-ed by the project a.a a part of completing the Walnut Avenue improvements. F' 'SIDING 0U1ZCE: The cost ;)f the Walnut Avenue nigh,-of.-way acquisition. and Improvements w1K be a cost of the Waterfront Project. ATTACHMENT: 1. Pacific Trainer Park tvlobile Homy Acquisition and Relocation Agreement. + NEC:/[ LB.-car I 3489r �r o r3,�tr i I i r City of Hu' nfington Beach MO MAIN STREET CALIFORNIA 62618 6 DEPARTMENT OF COMMUNITY DEVELOPMENT Buildirvt7 division R4.5,2 1 HooAsinq/Redevelopmom Division 536-5542 Planning Divislun 536-S27ti September 30, 1988 `a r -.r Mr. Mark Hodgson :4 1609 Portola Santa Ana, California 92701 Dear Mark, r cr Enclosed please find three fully executed copies of the acquisition and relocation agreement approved by the City Council on Monday, September 19, 1988. Wry have selected an appraiser to appraise the coaches and-related improvements, and we're in the process of selecting an M.A.I. pursuant to the agreement, -to appraise the land needed for the Walnut Avenue extension. I would expect that an appraiser will he in contact with you by tite and of next week, and will begin the process of contacting the coach owners about the same time. .Should you have any questions regarding this matter or the status of the appraisals, please reel free to contact either myself or Susan Hunt Et your convenience. 1•, ircetrely, r� 8las . La. Belle le Deputy I ity Administrator .OLB:lp Enclosures xc.: Connive Br•cu_,kway, Acting City Clerk Susp.n Hunt, Administrative Aide 11 ` Sian Brennan, Real Property Manager { i RH SQ-51 Date -Av Submitted to: Honorable Mayor and City Council kiembers Submitted by: Maul E. Cook, City AdministratUr�-- Prepared by: Douglas N. La Belle; Deputy City Administrator/Community Developm it Subject: PACIFIC TRAILER PARK ACQUISITION AND RELOCATION AGREE lF,6:F" 11 . Consistent with Council Policy? ] Yes [ j New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: E Transmitted for Cite Council consideration is an Agreement M ith the owners of Pacific Trailer Park regarding the acquisition of needed right-of- way and improvements, the completion of public and private improvements as it relates to the Walnut Avenes(! I extension for the Waterfront Phase I project, and the relocation of residents impacted by the Walntrt Avenue alignment. This Agreement has been prepared to moct the agreement provision indicated in the Planning CommLsion approval recommendation for Precise Plan of Street Alignment $$-1. f RECOMMENDATION: Approve and authorize the execution of the Pacific Trailer Park Acquisition and f Relocation Agreement. ANALYSIS: For some time staff has been meeting with representatives of Pacific Trailer Par'-. to address a variety of matters relating to future street improvements adjztcent to Pacific Trailer Party: including but not limited to Walnut Avenue. The attached Acquisition and Relocation Agreement is intended to re. )lve those matters chat will ;mpact the park as a result of Waterfront Phase I Project and the completion of the initial portion of the Walnut Avenue extension. The Agreement is intended to mel,ely set forth the methodology that will be assumed for the subsequent acglAisiticn of right-of-way and improvements for Walnut Avenue and the obligations that will be assigned by the project as a part of completing the Walnut Avenue improvements. FUNDfNG SOURCE: The cost of the Walnut Avernrc right--of-way acquisition and improvements will be a cost of the IVate:rfront Project. ATTACHMENT: i. Pacific Trailer Park Mobile Floine Acquisition and Relocation Agreement. PEC/DLB:sar S9r Rio sixe 1 11 R L N AGREEMENT FOR ACQUISITION 1,.ND T.MPROVVIE iT OF REAL PROPERTY AND RELOCATION OF TENANTS BETWEEN FOX HILLS TRAILER PARK AND THE CITY OF HUNTINGTON BEACH This Acquisition, Improvement and �o a*ion Agree ent (the "Agreement") is entered Into t;h.'�s � day of 1988, between the City of Huntington Beach (the "City' ) and Fort Hills Trailer Park, DBA Pacific Trailer Park, a California General Partnership ( "Owners") . WHERELS,, the City desires to acquire certain property of Owners to facilitate the necessary- alignment and improvement of certain public right-of,-way located in the City of Huntington Beach; and i WHEREAS, Owner has agreed to sell that c(irtain property necessary for said improvements in return for a fair market value purchase price, relocation assistance to tenants and necessary .improvements to the remainder of Owner ' s property affnct:ed by the proposed public improvement;; ; NOW THFREFORE, in consideration of the covenants and promises herein contained, the parties do hereby agree as Follows : L . Z. The General Partners of Fox Hills Trailer Park (the "Owneta" ) and their addresses are: Laura Plunkett 80 Huntington Street, Space 510 Huntington Beach, California 92648 Gertrude Martin 47 Southampton Newport Beach, California 92660 1 . 2 The City is located at : Katy of Huntington Leach 2000 Maln Street Huntington teach, California 92648 1 f, • ill l . 2. t 2 . 1- ,PXA.QjG jan jReqUa„L, ULgntj. Precise Plan of Street Alignment No. 88-1 proposes to extend Walnut Avenue between Lake Street and Beach Bouluvbrd. The portion of the street alignment which extends between Huntington Street and Beach Houlavard will impact approximately nine coaches in the Pacific Trailer Park (the "Park") and requires acquisition of property for the proposed right-of-way from the Property owners as shown on the site map attached hereto as Exhibit "A" which will be more particularly described by legal description following survey by the City. The City of Huntington Beach will reimburse the owners for the fair market value of the land and improvements (other than leasehold and leasehold improvements) and provide capital improvements as well as offer relocation. benefits to those affected inubileho►me tenants an mandated by the California Relocation Assistance Acts (Government Code Section 7260) and specifically outlined by the City' s Ruler and Regriiations for Relocation Assistance (Exhibit "P" ) . I 2 . 2 Qutata diligJtDmk. The purpose of this Agreement is to set out the: terms and procedures for the acquisition of needed right-of-way,, offsite and onsite improvements needed to complete the Walnut Avenue extension, and the forms of assistance to be provided to Pacific Trailer Park residents whom are displaced due to the acquisition as requested by the i City' s planning Commission as a part of their recommended approval of Precise Plan of Street Alignment No . 88-1 . Both parties recognize and agree that there are outstanding issues relating to Pacific Trailer Park that are not addressed :in this Agreement, including without limitation Atlanta Avenue, Huntington Street and Delaware Street as outlined in the letter dated August 22, 1988, attached hereto as Exhibit C and incorporated herein by reference. The parties will work toward agreement on those matters no later than December 31, 19984 3 . Sid 3 a....,4 i3� i�9 S.- 2f the City 3 . 1 To acquire the right-of-way for the construction of Walnut Avenue; between Lake Street and Beach Boulevard as established by Circulation Element Amendmertt No . 84-1 and further defined by Precise flan of Street Alignment No . 88-1 . 3 . 2 WQCatiio o iSZIL112 r ilitiaA __and Uti1itiez . The relocation of di,,rupted public and private facilities , sewer lines and utilities necessary to complete the Construction of Walnut Avenue . 8/w 2/88 0987n/2960/30 -2- • war 3 .3 1#elocatio"f Tepants . The relocation of park tenants displaced by the entension of Walnut Avenue. The coaches displaced by this action include space: numbers 713, 715, 717, 719 , 720, 721, and 722 . Coaches potentially impacted by the street extension include -' spaces 711 and 718 which due to the proximity to the new right-of-way may be relocated at the discretion of the coach owner . 3 .4 Im r vements to Mitigatp.- I. nActs . Improvements necessary to initigL '~e impacts of the street realignment on the integrity of the park to the reasonable satisfaction of property owners . City obligations toward reconstruction of the park shall include but are not limited to the items listed in the attachment preliminary demolition report (Exhibit "D" ) which report is preliminary in nature and subject to revision prior to the commencement of work. 4 . Rr-g-ceduraInd Tar= for Prop fty Aco_Uj§jtjaUS 4 . 1 r fir.._ o ket YD u,_ etorminat.i.o -i election-of A . The City has previously authorised funds for the appraisal of property involved in the right-of--way acquisition. The appraisals shall be performed by an MAI designated appraiser for right-of-way acquisitions . in determining the fair market value, these appraisals shall. include land value and income stream generated from the affected mobilahomes . The City shall also authorize appraisals to determine: in-park value of the mobilehomes . The Owners and individual mobilehome owners may designate a second appraiser at their own cost . 4 . 2 k=-d11re.._ re An1Uaj,sU8 no xlot CgM.gy..&. If the appraisers do not concur and the difference between the respective higher and lowest determinations is an amount- less than ten percent (10%) of the amount of the higher determination, the ;mean average of the two determinations shall be the appraised value . If the difference between the wwo determinations exceeds ten percent ( ld%) , a third appraiser may be selected by the two original appraisers or by the presiding judge of the: Superior: Court of orange County. The cost of the third -appraiser shall bo shared equally by the City and the owners . After reviewing all findings, the third appraiser within sixt;r days shall make the final determiratton. That final determination shall , however , be liti,: Led by the two previous opinions as follows : the final determination shall be no greater than the highest previous opiW ,• n of value, but no less than the lowest such opinion. 8/22/88 0987n/2480/30 -3- 4 J r 4 . 3 ,jg UMant to EUrC- ap& end F,I,11 . Owners agree to sell and City agrees to purchase the property necessary a for the right of way acquisition in the amount of the appraised value as determined under Sections 4 . 1 and 4 . 2 of this Agreement . 4 , 4 ;Qw-EExnenses . Other than proration of taxes and/or rents, the City shall pay for all costs and expenses of escrow. 5 . did+' 11SZId15e-jft 5 . 1 II P.S �entation by Qvn o-• Neither Owners nor, to the best of Owner ' s knowledge, any previous owner , tenant, occupant or user of the Property used, generated, released, discharged, stored or disposed of any hazardous waste, toxic substances or rusted materials ( "Hazardous Materials" ) on, under, in or about the Property, or transported any Hazardous Materials to or from the Property. The term "Hazardous Material" shall mean any subs%:.ance, material , or waste which is or becomes regulated by any local governmental authority, the State of California, or the 'Untied States Government, including, � but not limited to, any material or substance which is (i) defined as a "hazardous waste" , "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115, 25117, 25122 . 7, or listed pursuant to Section 25140 of the ' nu—kLea ..L,an Su ety .gda, Division 20 , Chapter 6 . 5 (Hazardous Waste Control Law) , ( ii) defined as a "hazardous substance" under Section 25316 of the �fg a-- th and__ sa fgty gods, Division 20 , Chapter 6 . 9 (Carpenter-Presley--Tanner Hazardous Substance Account Act) , (iii) defined as a "hazardous materiel" , "hazardous substance" , or "hazardous waste" under Sec:.ion 25501 of the , ' f�brn.' g �tb saf Q,dg, Division 20 , Chapter 6 . 7 (Underground Storage of Hazardous Substancos) , (iv) petroleum, (v} asbestos, (vi) polychlorinated byphenyls , (vii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the .��, i �I 4 HeaIth and Safe v Code, Division 4, Chapter 20, (viii) designated a:: a "hazardous substance" pursuant to Section 311 of the Clear Water Act, (33 U. S.C. section 1317) , (ix) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U. S.C. Section 6901 et seq. (42 U. S. C. Section 6903) or (x) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 J. S.C. Section 6901 et seq. (42 U.B.C. Section 9601) . 8/22/88 0987n/2460/30 --a- L - f ' 5 .2 jon Precedent . The City shall have the right to investigate the soil condition of the property to be acquired prior to the close of escrow and if, in the sole discretion of the City, the clean-up costs for the site outweigh the public benefit of improving the right of way, the City may terminate this Agreement . 6 . Proced... EMA..L" Puperty ImorQvomer}s 6 . 1 gneral__obligation. It shall be the responsibility of the City to provide for improvements to Pacific TrOiler Park as necessary to mitigate any effects of the street realignment including replacement of fencing, landscaping or utilities . These obligations shall be extended to include any improvements required to return the Park to its former operating condition (tree attached preliminary demolition report) . Specifically, the owners shall be paid for their direct and indirect documented costs as they relate to the improvement construction. Further, the Owners shall have the right to review all plans for the I.ublic improvements as they relate to the Park and shall have the right to review and approve prior to construction the private property improvements relating to the Park. 6 .2 Ikon nW 11ili vg List A nonexclu,.;ive list of the proposed improvements that are the City' s responsibilities relating to the. Walnut extension in-ludes : (1) The removal of the affected mobile homes ; and (2) the demolition and removal of the corresponding concrete subs as required; and (3) the reconstruction of concrete pads as necessary to maintain remaining lot integrity; and (4) the :repair and/or creation of sheet end driveway improvements; for remaining lots , to bland with existing areas ; and (5) landscaping within reconfigured Park boundaries; aiad (6) the Park' s flood control system connection with City systems resulting from the Walnut Avenue extension or waterfront phases I/II ; and U) electric service changes from flood control restructuring; and 8/22/68 0987n/2460/30 -5- r 1 5 { r (a) assistance in possible sewer pumpr'lift station relocation; and (9) a new block tall defining legal boundar: es; and _ (10) landscaping outside Park boundaries , along Walnut including maintenance thereof; and ( 11) coordination of SITE WORK contractors or agents with City authority and Pacific Park; and (12) payment of fees associated with the completion of said SITE WORK. 7 . Eclocatin k me efi a City shall relocate such tenants as called for under- the terms of this Agreement in accordance and compliance with all statutes, ordinances, regulations , and other laws and governmental. requirements of every kind, including but not limited to the Mobilehome Residency Law (Civic Code Section 798, et seq.) , the Mobilehome Parks Act (Health and Safety Code j Section 18200, et stag ) , all apolicablo, provisions of the Government Code and the Vehicle Code , and Title 25 of the California Administrative Code and has specifically outlined by the City' s Rules and Regulations for Relocation Assistance (Exhibit "B" ) . In order to provide comparable replacement housing as stipulated by the City' s relocation guidelines, one option offered to the Pacific Trailer Park tenants will be relocation to a mobilehome park to be constructed by the City. City agrees to hold Owners free and harm''css from and to i.ndamnif and defend Owners against any and all claims , demands , actions , suits , liens, charges, causes of action, liabilities, debts, acts , or other conduct respecting relocation or the relocation process and subsequent site work. r 9 , 1 precut, �ssarY Doc,umen ts . City and Owners agree to erxecute escrow instructions and a;nendments which are co:tsistent with this Agreement and to open an escrow to effect the transfer with a mutually acceptable escrow comr?&ny. 9 . 2 Pro ration off ,. There shall ,be prorated between City and Owners can the basis of a thirty (30) day month as of 12 : 00 midnight Pacific Standard Time on the date of the close of escrow pursuant to this contract. Real property taxes levied or assessed aqainst said property ( including any water tax or water rate levied against said property for the 8/22/88 0987n/2460130 -6-- ! furnishing of water thereto) as shown on the latest available tax bills . The County of Orange by law will refund all taxes paid by owners covering periods subsequent to title vesting in s City. 10. Bonds and A,ssessme Any bonds or improvement assessments which are a lien on said property shall, prior to close of escrow, be paid by Owner, except those liens imposed by the City. . .11. AttgKoeXal Fees Its the event of any controversy, claim or dispute arising out of or relating to this Agreement or the escrow or any breach of eithert the prevailing party shall have received as costs its receivable attorney' s fees pursuant to California Code of Civil Procedure Section 7,021 . IN WITNESS WHEREOF, Owners and City have executed this Agreement as of the dates set forth below. -� 1988 CITY OF HUN NGTO�Pf BEACH By r� yo r "City" M City Clerk APPROVED AS TO FORM: City Attorney 1988 FOX HILLS TRAILER PARK, a California General Part reship }3y dE� 4e General Partner By 'el General Partner 8/22/88 0987n/2460/30 -7- 8XHIHIT "A" ?c • i Preliminary Proposed Wig Monts for Hunting ton Street an Walnut Avenue �Y 01 L C J � IR•!C OBI MOr� PAR { yLylrti Y�Y . w A ;90a •' ► LEGEND ♦`'�. d / Gwlwi ' Existing roadway � ` �"•• Proposed Roadway 14011e Homes to be Removed Note: Preliminary proposed alignment, has not been officially `, approved by the City of Huntington Beach. r CO • '11r0, �, . Ifth- N No Scale ` fturcet FWLS, Oct. 1907 EXHIBIT "A" mom • ' r THE RRDEVELOPME14- +AGENCY OF THE CITY OF HUs, ..'INGTO•N. BEACH RULES AND REGULA71ONS FOR BELOCA71ON ASSISTANCE, ORMANCE PROCEDURES AND REAL PROPERTY ACQUISMAON POLICIES FOR REDEVELOPMENT AGENCY PROJECT''S 1g8t3 yea 1;0 STATEMENT OF POLICY: California Relocation Assistance Act (Government 'Code Se.:tion 7%609 et.s .) requires that a public entity shall provide relocation adv:aory assistance and make specified payments to th(me persons and businesses displaced as the: result of acquisition of real property. for public use. Pursuant to Section 33411 of the California Community Redevelopment Law and Sr;htion 6038 b (6) of the California Relocation Assistance Guidelines, a method and plan (advisory services) must be provided for the relocation of families and persons to be displaced from designated rvIevelopment project areas. The plan which follows is in compliancy: with these seeticns of the law and guidelines and is further intended to demonstrate both the City of Huntington Beach's and the Redevelopment Agency's clear intentions to provide maximum relocation advisory assistance to per-s:ons: who may be displaced by the Huntington Beach redevelopment activities. Such professional assistance, together with payment of relocation benefits as provided for in Section 7260 et.s . of the Government Code, are: purposefully intended to minimise the inconvenien,:e caused by displacement and the need to relocate. 2.0 DEFINITIONS: 2.1 Agency - means the Huntington Beach Redevelopment Agency, its staff and conspltants and contractors it employs. 2.2 Acquired Dwellings - means a dwelling purchased by the Agency, a dwelli.tig for which purchase negotiations have been initiated, or a dwelling on which rehabilitation activities or Participation Agreement activities have been required. 2.3 !average Annual Net Earnirls - one-half of the net earnings of a business before tederal.and state income taxes realized during the two tax years of the business immediately preceding the tax year in which the real property on which the business is located is acquit ed by the Agency, or during such other period the Agency determiners t : be more equitable for establishing such earnings. For businesses operated for a period less than two tax years prior to the date of acquisition, a different period may be adopted as may be determined to be equitable. Net earnings shall include salaries, wages or other compensation paid by the business to the owner thereof, the owner's spouse, or the owner's dependents. I 2.4 Business - means any lawful activity, excepting a farm operation, conducted primarily: -- For the purchase, sale, lease or rental of personal anti real property, and for the manufacture, processing or marketing of products, commooides or any other personal property; or 1 044611 -1- � 4 • 1`i'• ..fi.i•ttt.itgtilit�it}yti..il`i :i+',. .. .. .. . ... .. .. . ..:r..l::.. .}tr,,.:•h;t•; . ., ,.. . ... .. . .... .. .t,. ,. . . . . .. . . � t . For the sale of "evicts to the public; -�- By a nonprofit organization. 2.5 City,- means the City of Huntington Beach. 2.6 Comparable R lacement DwellIM- means a residential dwelling which sat ea each or the following s andardss -- Functionally equivalent and substantially the same as the acquired dwelling, including newly-constructed housing. --- Decent, safe, sanitary and adequate in size to meet: the needs of the displaced family or person. Mwever, at the option of the displaced person, a replacement dwelling has the same number of rooms or the equivalent square: footage as the dwelling from which he was displaced. -- Available in the open market to the displaced person and open to ,all persons regardless of race, color, sex, age, marital status, religion or national origin, consistent with the requirements of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968. -- Located in an area not gencrally less desirable than the one in which the dwelling acquired by the Agency is located with respect to: ` Neighborhood conditions, schools and municipal services; .J J • Public utilities; -- Public and commercial facilities; and - Reasonably ace ssible to the displaced person's present place of employment or potential place of employment. -- (Within the financial means of the displaced family or person. A replacement dwelling Is within the financial means of a displaced person if the monthly housing cost (Including payments on mortgage, .Axes and insurance) or monthly rental cost (including utilities and other recurring expenses payable by the Tene ntl Including any replacement housing payment available to 'he displaced person does not exceed 25 percent of the displaced person's or family's average monthly income. A replacerent dwelling Is within the financial means of a displaced pers-)n if the purchase price of the dwelling, including related increa.ted interest costs and other incidental expznsG does not exceed the total amount of the eminent domain award or the negotiated acquisition price paid by the Agency for th dwelling acquired and the, replat-ement hoissing payment available to the displaced person. At48H �2-- ' v4 Womb 1 •• 1 + + 1.4 Conventional Loan - means a mortgage commonly given by banks, �savings an aen assosriations to secure advances on, or the unpaid pur;ohase price of real property, payment of which is not insured by any agency of the state or federal governments. 2.9 Date of Initiation of negotiations for the Parcel - means the date the geney ma ea the first persona contaef— h the owner or his representative and furnishes hirn with a written offer to purchase the Harty '•i :f For purposes of establishing payment eligibility in the case of rehabilitation, code enforcement and participation agreement activities, "Initiation of Negotiations" shall mean the date on which a displacee moves from a displacement site. i 2.10 Director - means the Administrator of the Agency's Relocation }� lGiNVante Program; i.e., Ott ! 2.11 DL*nlaced Person -• means any person who moves from real property, or w o moves his personal property from real pro, p+erty as a result of the acquisition of such real property, in whole or in part, by a public entity or by any person having an agreement with or acting on behalf of a public entity, or as the result of a written order from a public entity to vacate the real property for public use. Ibis definition shall be construed so that persons displaced as a result of public action receive relocation benefits in cases where they are displaced as a result of Participation Agreement or an acquisition carried out by a private person for or in connection with a public use where the public entity is otherwise empowered to acqui.c� the pro��c t to carry out the public use. Where only a portion of the real property is taken, a who occupied all or r, portion of the remainder shall be considered a displaced person only if the acquisition or construction of the project made the displacement rjecessary. For purposes of eligibility for advisory nlssistanc? nnO moving exp, nses. (excluding the in-Lieu find Replacement Housing Payments), a persc. , is considered displaced if fie receives a :mliten n.-�(ice from the Agency tL� vacate other real property on which the person :onducts a business. 2.12 Dwy - means any single-family house, a single-family unit ,Including a non-housekeeping; unit) in h multi-family building, s unit of a condominium or cooperative housing protect, a mobile home: or any other residential unit. 2.13 Economic Rent - means the reasonable rental expectency if the property, were availab.e for rent or lease; the reot or least, payment being paid for comN. rahle Tace as diK.tinguished frown contract rer►t or lease rayment. 2.1 /1 1+'lligible F en• o►.. .. mcans tiny disl)lraced person who is lawfully entitled to any relocation payment under state or federal reg*ulations. .PAIN .. 2.1 fi Family - means two or more individuals who by blood, marriage, aon or mutual conawt 11ve together as a family unit. 2.16 Farm Operation - means any activity conducted solely or primarily fog tWe p Hof one or more agricultural products or commodities, including'time, for sale or home use and customarily production such products or commoditiet in sufficient quantity to be capable of contributing materially to the operator's support. 2.17 Gross kncome - means the annual income from all sourcez of each me b tithe family residing in the household who is eighteen (18) years of age or over, except that income of a head of household or his spouse who is under eighteen (18) shall be included. Gross income is based on the 12-month period immediately prior to displacement. If the Agency determinm on a case-by-case basis, that the use of the 12-month period prior to displacement would result in a hardship to the claimant, an alternate period, actual or projected, may be used in such exceptional situations. 2.18 Incidental Expenses - means expenses incurred by an eligible displaced parson in connection with the purchase of a comparable replacement dwelling which are reasonable and )imited to the following: -- Lender, FHA or VA appririsal t'ecs; -- FHA or VA npplientio,S --- Certification of structural oundnes,; --- Ckedit report; IUR: search expense Linn] title insurance polic.,f preiniums; -- Sales, transfer taxes true; revenue stamps; -- l..serow agent's fen:.,; --- Notary --- ZZ:!'ZO:d ine, f_es; �- F-:,c; for pi-cpgring documents relating to purchase oft the ►%..-plAcemont. dwelling; Lccmn scar��ice feet not is exceed one percent (l �) of the purchase price± aw) originatIoil or discount points customarily charged. Prepaid Flxt:anses rind tiny fee, Nmlt, charge or expense which is cic,term irird to be n peat of the Uc-.;it service or finance: eh<<r} c under Title: I of tits! Truth and Lendini; Act (Publics Law 0-321) arld Rv,,iulr tions .Z is.iuid pursuant thereto bit the Board of GrvernOrs of the F ed-_•riJ t?zc�rve System Shall not, be deerneii nn incidental expense. 1 044811 .� . t 4 2.19 Mobile Home •• means a vehicle, other than a motor vehicle, designed or used or HuRars habitation, for carrying persons rnd property can its own structure and for being drawn by a motor vehicle. 2.20 Monthly Gross Income - means the total monthly income of a family or Individual* irrespective of expenses and voluntary or involuntary deductions and includes, but is not limited to, salaries, wages, tips, commLdwiona, rentsr, royalties, dividend% interest, profits, pensions and annuities. 2.21 Mort e - means such classes of liens as are commonly given to secure advances on,, or the unpaid purchase price of real property, together with the credit instruments, if any, secured thereby. 2.22 Non rofit Oreanization - means a corporation, partnership, individual or other public or --.4 fe entity engagod in a business, professional or instructional activity on a nonprofit basis, necessitating fixtures, equipment, stock in trade, or other tangible property for the carrying on of the business, profession or institutional activity can the premises. 2.23 Owner - means a person "owns a dwelling" if ha: -- Holds fee title, a life estate, a 99-year lease, or a lease with not less than KO years to run from date of acquisition of the property for the project; I j — Bolds an interest in a cooperative housing project whieh includes ! the rights of occupancy of a dwelling unit therein; -- is the contract purchases of any of the foregoing eitates or interests; c •-- Has a Iessehold interest with an option to purchase; or i -- Owns a mobile unit which, under state law, is determined to be real property, not personal property. 2.24 Person _. means any individual, partnership, corporation or association. 2.25 Personal Pro rty (Tangible, _ Personal Proeert�►) - means tangible property which is situated on the real property vacated or to be vacated by a displaced person and which is considered personal property and is noncom pensable (other than for moving expenses) under the state law of eminent domain, and in the case of tenant, fixtures and equipment and other property which may be characterized as real property under state or local law, but which the tenant may la,vfully, and at his election determines to move and for which the tenant is not compensated in the real property acquisition. In the case of an owner of real property, the determination as to whether an item of property is personal or teal shall depend upon how it i Is identified In the acquisition appraisals and the closing or settlement statement with respect to the real property acquisitiorm provided, that no• Item Of property which is compensable under state and local law to the owner of real property In the real property acquisition may be treated as tangible personal property In computing actual direct losses of tangi ile rersonal property. 2.26 premed Expenses - means items pa!d in advance by the seller of real property and prorated between such seller and the buyer of such real property at the close of escrow including, but not limited to. real property taxes, for insurance, homeowners' association dues and Y asnessment payments. 2.27 Project Manager - the Project Manager (as designated by the Director) shaU be the person with primary administrative responsibility for the redevelopment project area from which the displacement has occur red. i 1 2.26 Public Use.- means a use for which real property may be acquired by em rent domain. 2.29 Purchases .(Replacement Housi•p �- t;r►er3nss The acquisition, construction yr rehabilitation of a dwelling, the t purchase and rehabilitation of a substandard dwelling, the relocation or relocation and rehabilitation of an existing dwelling, or the entering into a contract to purchase, or for the construction of a dwelling to lie constructed on a site to be provided by a builder or developer or on a site to be provided by a builder or developer or on a :rite which the displaced person owns or acquired for such purpose. -- Mobile homes must be registered with the California Department r' of Motor Vehicles in the name of the claimant in order that they be considet•ed as "purchased" replacement dwellings. 2.30 Relocation Subcommittee of enc - the Relocation Subcommittee of the Agency shall consist o any two 2) members of the Agency and the Executive Director of the Agency. 2.31 Relocatee -- means any person who meets the definition of a displaced person. 2,32 Relocation Appeals Board -- the Relocation Appeals Board shall consist o-the Director (or one designee) from the City's departments of Administration, Community Services, And Redevelopment. No designee may be the same person which has previously rendered a decision on the appealed ease. 2.33 Tenant - means a person who enter,; and remains in possession of n • dwelling (including a sleeping mom) owned by another with the express permission of that owner or his reprer entative. 044811 4 f� K r . ADMINISTRA71YE ORGANIZATION 3.1 ReMnidble & eRoy The Huntington Beach Redevelopment Agency 13 the local public agency which fig reiponsible for the relocation of individuals, familiea, businesses and institutions that are displaced as a result of redevelopment project activities. The Agency will meet its relocation responsibilities through qualified staff or qualified relocation consultants that will manage the complexities of providing relocation advisory assistance .'Their services may be supplemented with assistance from local realtors, social agencies and civic organization. 3.2 Sta f The Agency shall ensure that staff who are charged with the duties of providing relocation implementation services are qualified and experienced in housing and urban development, relocation procedures, social service programs, publie housing and property management. 'fie Agency's relocation program shall be designed so as to maximize the use of other City departments, as appropriate, as well as other social service agencies which regularly provide counseling, referral and specialized programs to those who qualify. Such relocation programs shall, to the extent feasible, be designed , to encourage relocation of families and persons into other neighborhoods in Huntington Beach without interfering with the displacee's option to select a replacement house of his choice, whether that choice is within or outside the city of Huntington Beach. ' 3.3 Agency Staff functions 7be functions of the Agency's relocation staff shall in include the following: lnterl)ret the Agency's program to all site occupants about the redevelopment project and its effect upon project area occupants. -- Determine the relocation needs and desires of all site occope►nts through personal interviews and to keep each informed of ,heir rights 9nd responsibilities under the redevelopment program, as well as to apprise them of the relocation resources, specict services and aids to which they are entitled, -- Enlist the cooperation of real estate agents, home builders, property management firms, social servic,? agencies, civic groups and others In locating suitable relocation accommodations for displacees and to provide other services deemed essential for the successful relocation of project area occupants. -- Locate, inspect and evaluate, or stimulate the development of, L housing facilities to meet the needs of all project area occupants and refer and otherwise assist said occupants in securing housing which th-ay require. 044811 =t- • -- Sere priority consideration for persona eligible for and desiring public housing or any other housing to which displacees ate • entitled, and take other appropriate steps as necessary to expedite then placement into such housing. Advise and assist owners and site occupants in understanding and utilizing the "owner, business, and tenant participation" opportunities provided for in the Redevelopment Flan. -- Assist prospective home buyers in obtaining appropriate mortgage financing and advise them of special FHA, VA and other financial aids available. •— Make referrals to community social, welfare, and other similar agencies when such referrals are deemed advisable and cooperate with these agencies on an individual basis to 'assist in the solution of specific problems affecting the relocation of individuals, cc groups of relocatees. -- Maintain liaison services between businesses, site occupants, and commercial property brokers, realty boards, Chambers of Commerce, the Small Business Administration, the economic development agencies, lending institutions, and other appropriate resources for advice and assistance in effecting the satisfasiory i relocation of site occupants. -- As~s:st project area occupants in preparing all claims for relocation payments to which they are entitled. -- Establish records, maintain files, and provide ongoing reports to the Executive Officer and Agency on field relocation activities. • Coordinate relocation activities with other Agency operations. 4.0 REPLA.CEIW, ENT Housma suNDARDS 1 It is the Agency's objective that all displaced residential occupants be rehoused, with a minimum of hardship, into accommodations that are decent, i safe,, sanitary, and suitable to. their Individual needs; located in areas not less desirable than housing which exists in the Project Ares with respect to public utllItles and public and commercial facilities, and are reasonably accessible to the project area occupants' places of employment; and are priced within their financial means. The standards set forth below have been estabbshcd by the Agency to achieve these objectives. 4.1 Standard. for Dwellings 1 A decent, safe, and sanitary dwelling is one which meets all of the i following minimum requirements: 040H -s._ 4.1.1 Conforms with all applicable provisions for existing structural that have: been established under stater or local building, plumbing, electrical, housing, and occupancy codes and similar ordinances or regula do & 4.1.2 His a continuing and adequate supply of potable safe water. 4.1.3 Has a kitchen or an area set aside, for kitchen use which contains a sink in good working condition and connected to hqt and cold crater, and an adequate sewage system. A stove and refrigerator in goad operating condition almil be provided when required by local code, ordinances .or custem. When these facilities are not so required by local codes, ordinances or custom, the kitchen araa or area set aside for such use shall have utility service oonwations and adequate space for the installation of such facilities. 4.1.4 Has an adequate.heating system in good working order which will maintain a minimum temperature of 70 degrees in the living. area, excluding bedrooms, under local outdoor temperature conditions. A heating system w!U not be :equired in those geographical. areas where such is not normally included in new housing. 4.1.5 Ms a bathroom, well-lighted and ventilated and affording privacy to a person within it, containing a lavatory basin and a bathtub or stall shower, properly connected to an adequate supply of hot and cold running waters and a flush closet, all in good working order and properly connected to a sewega disposal j sye#cirri 4.1.6 Pas an adequate and safe wiring system is '71iting and other electrical services. 4.1.7 is stnicturally sound, weathertight, in good repair ana r, dequately maintained. 4.1.8 Each building used for dwelling purposes shall have a safe unobstructed means of egress leading to safe open space at ground level. Each dwelling unit in a multi-dwelling building must have access either directly or through a common corridor to a means of egress to open space: at ground level. In multi-dweHing buildings of three stories or more, the common corridor on each stcry must have at least two means of egress. ' 4.1.9 Has 150 square feet of habitable floor space for the first occupant in a standard living unit and at least 100 square feet of habitable floor space for each additional occupant. The floor Mace is to be subdivided into sufficient rooms to be adequate for the family. All rooms must be adequately ventilated. Habitable floor space► is defined as that space used for sleeping, living, cooking or dining purposes, and excludes such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, and uni•inished attics, foyers, storage spaces, cellars, utility moms and similar spnce-J. 1 i 0448H -9- 1 i I wr► ...r,r.t.r•:.,.nnr.r,nnrvu,sawn,,.•.v.n.:,....,.r.:.:...:............ ... ..... . .... .... ....... .... .... .. ... . ... . , .l • 4.1.10 E'veq bedmm slurp Wntain not 160 then 80 agWare feet of habitable fbw arm and at less one window openft to the outoid& if more than two persons occupy the roomq an additional 00 square feet of floor area shall be required for each additional person. 4.2 Standards for flteeping Roams (nonhousaksWI ff units) A decent, safe, and sanitary sleeping room is one which includes the mialmum requirements contained in Section 4.1., subparagraphs 29 4, 61 7 and 8 of this section and the followings 'At least 100 square feet of habitable floor space for the first , occupant and 50 square feet of habitable floor space for each additional occupant. -- Lavatory, bath and toilet faculties that provide privacy, including a door that can be located if such facilities are ,separate from the room. 4.3 Standards for mobile Homes A decent, safe and sanitary mobile home is one which includes the j minimum requirements contained in Subsection 4.1, subparagraphs 29 31 4, 5, 6, 7, 8 and 9 of this section except that it may have 70 square feet of habitable floor space for each additional occupant and bears the insignia of approval issued by the State of California, Department of Housing and Community Development, pursuant to the California Health and Safety Code, except those manufactured prior to September i, 1958. ? 4.4 Ability to Wad✓ The Agency's relocation staff will give consideration to the particular fh a mial situation of each family or individual and will seek the occupant's concurrence in the final determination of what he can afford to pay for housing. Every effort will be made to maintain the lowest jy.+..sible housing cost-income-ratio, which at the name time provides the eelocatee with adequate.housing. As a general rule, displacees should usually be able to pay gross monthly rentals based on the following criteria: i -- Families and individuals -- 25% of gros3 income. -- Displscees eligible for public housing - rent, as established by the Housing Authority, which are graded to income. �- Incomes, assets and debts are to be evaluated in determining the relative price which is approximately two and one-half times annual gross family income, combined with monthly payments not exceeding 25% of gross monthly income, will be considered es being within the financial means of those contemplating home ownership. 1 044811 -10- Displace" may voluntarily relocate to units exceeding these atandards In price, but such units may not be used as referrals by the Ageneye 4.5 Miscellaneous Additionally, units used for referral or feasibility purposes may not be locaatead In areas subject to unreasonable environmental influences and must be available on a nondiscriminatory basis. 4.6 Excerptions Exceptions to housing stmidards, may te. .granted in emergency or other unusual ituation& Such exceptions will be* limited to items and circumstances that are beyond the reasonable control of the relocOee. i Exceptions will not be granted for items which render the dwellinj hazardous, unsafe or unaaenitary. 4.7 Environmental Stan It will be the Agency's policy to refer families and individuals to housing in ar::as not less desirable in regard to public utilities and se.-neeg, and commercial facilities than presently available in the Project Area. Furthermore, such housing shall, to the extent possible, be within a reasonable distance for daily commuting to the displacee's place of employhient. �.,. Temporary Housirg Standards gin?; not meeting the Agency's established standards for permanent i on nhay be used for temporary housing only when it becomes nftu.. to relocate a project area occupant pending the availability of permu, -carters; to facilitate commencement of demolition or site improz, operations; to vacate prendses which are unsafe; t• and%or to effee. 1•eductions in overall redevelopment project costs. In no event will the t -III-4y housing offered by the relocation staff be of less desirable chart, than that from which the project area occupant is being moved; further, such temporary housing shall be in a safe. and habitable condition. Temporary relocations made by the Agency will be kept to a minimum j both as to number and duration, and will not diminish the Agency's obligation with respect to the displacee's permanent relocation. 71-e necessary costs incurred In temporary on-i)ite moves made at the i dIrection of the Agency will be paid by the Agency. If a self-relocatee moves into temporary housing and declines without satisfactory reason to accept standard housing to which he is referred, It will bi'considered that the Agency's responsibility to the relocatee has beef discharged. i 0448H -1 l r . 1 1! 4.9 Obtaining Reiocation Ho sIg 7be Agency will establish. a working relati,. :hip. with owners, operating rnanegers, reeltors, multiple listbw '.xr •10, pn)perty marwgement firms, and others offering a wide variety lvste standard h06'sing for rent or We. Band principally on this m :drip, an ample supply of replacement housing will bt made availat,r .n order to carry out the Agency's relocation propam. 7be Agency will ohtodn, irtspeet, and meln, current listings of standard rental and mile properties which are app+r ,,iriate for. relocation and ar►e available on a nondiscriminatory basis. _70o-;inatiert or the size, rental or male price, financing terms and locatior, of &%e ilable units will be given lio displacees seeking referrals and, as necessary, the relocation utaff may . provide transportation or otherw1:,e assist the displaces: in obtaining such housing. 5.0 ASSURANCE OF RELOCATION RESOURM Jefore actual displacement is to occur, the Agency wRl assure that, v:lti:.in a reasonable period of time#- there will be available compRrz�ble, decent, Safe, end ,- anitary housing sufitcie!^t to ►nest the ne-2& of displacees and avaiteo ' at prices they can afford. In order that the Agency make such assureinc:e, it will, prior to anv ciispincemejit, undertake surveys if the needs of d'tz-P:acees and of the cubic%: and extent of available standard bousin; suhably to meet the needs cf t ho: families and individuals to be di,sl)iacc-?. . '•,dNuacv of hquging resources will he judged or. the basis oe such fattens as sney rates, actual availability within applleZl ! unit Si ze and price r}7►ge.,, (it--rre.c: of (.;joke available within. the hoLwing supply and relationship of avOoble units to-ind to the needs of di.,p.lac:ees as determined'' by occupancy Sur•,ays. The Agency will documef,r a finding of a0mquney of housb!. rxv ilability after scompletio►i of the regWred su►Freya and upon demonstration that resotu-ces will be available at leert 60 days before displxcenlent occt 3 No family or ind:vid► al will ba raquire+d to ajove until or unlesor suitable replacement. housing is availat le at a price they can afford; no family or ir.iUviJuel will be required to move unless or until at least three s+ich suitable ! units have been offered to the displacee and rejected by the displacee. ! 6.0 It ?LOCATION ADVISORY ASSISTANCE 6.1 General 7be Agency will provide advisory agsistence to all persons displaced or to be displacvd as n result of acquisition by the. Agency of real property, to all persons displaced as R result of prrperty rehAbilitntion or k•ode enforcement activities carried out by private persons itt conformance with adnhted Redevelopment Piars, and to all persons wht,, 5e,,!ause of the acquisition of real property used for s business or •I farm operation are required to move the-ir personal property front such other real property. WAR -•12•- a 'L y1� III:• .1 1, r 1 •.1•WFI iWQh Jt!•:a\'+ ..:\. . ....... ..... . , r! . ..(.Y. .... V.i•.•1•'ub•r•h4.•:M!•n'b•,Inrt•.r•1•.••• ... Y . . . .Y . .• . . .• •q.. . .. .,.. . . • PPP M 01010111P NIOUCkO 4ftbX7 &OVAIsnIe will be aftwed to zany person rp+ oaespyit real tety immediately adjiacent to property being �•:. .as" n d toy the Apneyg if ttte Director datormitres that such parson has 1 t rr uwwtd mWantial econtrmia Injury as a result o( the A&Vncy's ' a+equMUON6 i. %* Apney's relocation awlstanae advisory pftr:rn is designed to: Fully Info m dUplacees of the' availability or • rslooation ' pa7monts and atilstance and the eligibility requirements. �-- 7hro%h ,a pl:rsofial interviewr dotermine each person's steed for relocation angk4ance. Provide current information on the availability of cor.iparable sales and rental housing and location of comparable commercial properties. ' — Assure that, within a reesonable period of time prior to displacement, there will be adequate replacement housing avc+lcb)e for persons who are to be displaced. Provide other advisory services, su h as counseling and referrals, with regard to fintircial, employment, trainittep hE.alth, welfare, aM other problem areas in ogler to minimize the hardships*af relocation. — Assist persons in comptating required appll,�at#cns and forms. thform all perxsis who are expected to occupy Agency property about rental and property management policies to be used In the M project. z '' -- Insure adequate inspection, of all relwation replaeemerit housing. 6.2 Information Material The Akvney will di:tribute informational materials (see App!ndix M to every area occupant to •be displaced or otherwise affected by the proj2et. Written information will be given to each owner and occupant of propertj tc be acquired at the time the Agency acquires the property. A notification tnvt occupants are eligible for relocation payments as of the date of tht- Agency's first offer to purchase the prop,3rty shall be given to cach occupant as soon as possible after the first offer has been made. Separate informati+,na) muteriai (see Appendix 9) will be made available to business concerns (Including nonprofit organizations) and farms, when appropriate. In addition to list-i"Y.at:ng writtEn material, the Agency will conduct personal interviews and maintain personal ,,4 Coniae s to the maximum extent possible. Informational materials will be wrilter. In the I�rguage(s) mast easily understood by the persons affeet,2d. Site oft--upents will tree Informed of project activities and : timing through meetings cnd other means. •i i- 6.3 List Referrals. and Assistance in Cbtainirg Hooft -= LlstiWs, 7tw Agency wUl provide information to residents on the availability, priees, and rental rates of comparable, decent, safe, a"d sanitary housing. The Agency will provide residents to be displaced with listings of available dwelling units of appropriate size to meet their .needs, and which are within their financial ability to pay. Listings wiU be available in accordance with the Federal Fair (Housing Lave (Title VIII of the Civ'in Rights Act of 1968) and other applicable fair housing laws. Listings will be thaintained on a continuing basis as derived from fre4uent reviews of newspaper ade, street searches, contacts with owners, brokers, managers and agents. -- Referrals Relocation housing will be inspected prior to being erovided as a referral to assure that it uneets replacement housing standards. Units to be referred may not be in a neighborhood slated for governmental action unless that action is related to rehabilitation or improvement of neighborhood amenities. In no ' case will referrals be made to housing from which it is reasonably anticipated that'the family or individual may again be displaced. In making referrals, the Agency shall give consideration to the proximity of the housing to tnr displacees' employment or potential employment, including proximity to public transportation and the other public facilities essential to succi awful adjustment. The Agency shall refer all interested persons to local housing authorities and sponso►•s of assisted housing. When Pppropriate, staff will assist in filling out appropriate applications for occupancy. -- Assistance in Obtaining 'Housing Families and indi•viouals shall be advised to tell the Agency of problems experienced in obtaining housing or other accommodation& It is the obligation of the Agency to assist in resolving these p+-obl.ems. The Agency has the responsibility to provide prompt infot•mation on the availability of housing and to assist displacees in obtaining the units of their choice, 7tie Agency shell provide as:istanec, at the prospective homeowners request, In obtaining mortgage financing, including helping In the preparation and submission of purchase offers, obtaining credi: reports, and verifying employment, and making ray other appropriate arrangements with lending institutions to facilitate the obtaining of loans, particularly for minority-graoup and low-4neome families and individuals. 1 .. `r AM S +n{1�1�JiiY'' • .• Y 1.A (arnilietr, and individuals will be provided with access to needed rsa►cW Aryle a and eourmliR4g in order to minimitte hardshi involved in the celo"sloe pmeem 6.5 Assistance to Budnem Conceres Nar ro, t OM!nizations nd Farms The Apney will povide relocation adivimwy assistance to q11 businew eonce:rns, nonprofit organizations, and farm operations to be displaced by a project. The Agency will, also provide advisory services and assistance to any business concern or nonprofit organization ocaupyir4; property which is immediately adjacent tot (1) the project Area; ar (2) any real property acquired, when the business is determined to have suffered substantial economic injury as a result of project activities. The specific services which the Agency will provide to business ,oncerns, nonprofit organizations and farm operations are the followft: -- Consultations The Agency will consult with the owner or operator to determine the need for relocation assistance and stature of replacemew., site requirements. The consultation will include discussions of such items as space, traffic patterns, market and other requirements, i and the total number of employees. -- Current Information on Relocation Sites y The Agency will provide current information on the availability, e()'Jts, and square footage of comparable locations and make referrals to reed estate brokers who may be able to assist in obtaining suitable accommodations, In making referrals and providing information, the Agency will provide maviraum assistance but avoid involvement in the business operation itself. -- Economic Information The Agency will -provide information relative to property -values. growth potentials and economic information which may arysist in enabling the Uusiness to make informed decisions relative to reloca Lion. Referrals to SBA Where appropriate, business concerns will be referred to the Small Business Administration (SBA) for 'moinagerial, financial anti technical assL,tance. 04451i --1 S- r •MIi �.1MYY1.i1Y40MAF.I�Y••I Y.•I.nr.Y.•I�Y.•rw YMh..I,r4.•.,.,•n.r�n, .... r........ ..•.nwl.n...... ...,r.. •.,. •.. . .• •..• •.... •♦ r.. •. I a V �liva: rt tl_ n� In dirtying out relocation%. the Agency shall take affirms tive steps In providing diaplawd families and individuals maximum opportunities in selecting _hoastirg. The following aze affirmative actions that the Ageney may tr':i: -- bloke full use of government housing programs and normal real estate management and brokerage services. , �- Inform members of minority groups of the opportunities in neighborhoods and provide services necessary to familiarize them with those neighborhoods. -- Provide escort services to real estate offices in all neighborhoods. -- Cooperate with all fair housing groups interested in equal opportunities in housing. V1 Self-Relocation and inspecting The Agency will make every effort to inspect the dwellings of self-rtelocatnd families and individuals prior to their move. When displacees move without notifying the Agency, every reascnable effort will be made to locate the displacee and inspect the replacement dwelling. Such search activities will continue until the family or individual is found, or twelve months' time has elapsed, whichever is sooner. Upon inspection, if a dwelling is found to be substandard, the Agency rsust offer assistance in securing standard accommodations. Should the family or individual decline a minimum of three offers of standard dwelling units and its present dwelling unit does not meet standard housing criteria, the Agency shall notify the displace: in writing of his ineligibility for replacement housing payments. C.v Relocation Records 1;he Agency will maintain a relocation record. beginning with the information obtained during the first intt:rview to assess relocation needs. A separate record shall be prepared for each family, each individual maintaining a unit, each business concern, nonprofit organization, and farm operation. The record shall contain all data relating to dates and types of services provided, the type and amount of relocation payments made, and the location to which those displaced relocated, including a description of the accommodation. 6.9 Agency Evaluation 'tire 4gency wiH priodically evaluate the relocation program to deter. •ne its effectiveness in assisting persons Ofected by its projects and its conformance to provisions of state and federal laws. Both the quality and quantity of servicev provided will be considered. l 0446H -16- •� amok 7.0 &ZAYNOM Thq Agency will •make relocation pm�manta to all eligible fammilies, indiviidivals, business and institutions displaced by project activities in acoarda= with the regulation governing relocation paymments as established by the State of California. An informational statement (see Appendices A and B) will notify the site occMunt of his eligibility for relocation payments and generally instruct him on procedures for filing claims. Complete, rules and regulations will be carefully explained individually to each displaces and copies of all instruction given to hind. Displacees may consult with Agency staff whenever problems arise, and through recurring visits, Agency staff will attempt to anticipate problems and plausible solutions. 7.1 4ua)i3cationsand Unditions fgE.Payments The Agency will pay reasonable and necessary moving expenses and/or storage costs', actual direct loss of personal property for which reimbarremenr or compensatior is not otherwise made by the Agency (through purchase, etc.), or a combination of both. Under certain circumstances, some families and individuals may qualify f►)r replacement housing payments and certain businesses may be eV.-tible for an alternate payment in lieu of moving expenses and certain other expenses, Former owners will he reimbursed for certain settlement costs and related charges incurred in the sale of property to the Agency. Eligibility for payments will be based upon the provisions of pertinent sections of the State of California Government Code and Relocation Rules and Regulations as adopted by the Agency. 7.2 Payment_A t,S Eligible families and individuals will be given zhe option to claim: (1) reimbursement of their actual and reasonable moving expenses and/or eligible storage costs; or (2) a moving expense allowance not to exceed $300 based on a schedule related to the number of rooms occupied and a Dislocation allowance of $200. In addition, homeowners may be entitled to receive a replacement housing payment of up to $15,000 whet purchasing a replacement dwelling and tenants, including such tenants electing to purchase, and owners electing to rent a replacement dwelling may be enti4led to receive a payment not to exceed $4,000 toward the rental or purchase of a comparable replacement dwelling. Eligible business concerns and institutions will be reimbursed for: (I) actual and reasonable moving costs; and (2) any actual direct loss of persona' property, or in lieu thereof, certain businesses may elect to receive an alternate payment of not less than $2,500 nor more than $20,360, equivalent to the average annual net earnings of the business and based upon such earnings for the two taxable years immediately preceding the year of displacement. No temporary on--site moves made for the convenience of the Agency 1 will be chargeable to a site occupant's allowable relocation payment. 0448H -17-- r , No tempmry on-situ .moves made for the convenience of the Agency will be chargeable to a site occupant's allowable relocation payment. 7.3 PUMJ Claims -- All claims for relocation payments must be submitted on forms which will be provided by the Agency. -- Spec±al Conditions for Husineesi Concerns . - A business concern must give the Agency at least thirty (30) days, but not more than ninety (90) days written notion of its intention to move and must permit the Agency, at all reasonable times, to inspect the personal property to be moved. Self-moves for business will be ally --!ed. 7.4 Documenting Claims A claim mast be supported by the follotving: -- If for moving expenses, except in the case of a fixed payment, an itemized receipted mill or otter evidence of expense. -- If for actual direct loss of personal property, written evidence thereof, which may include appraisals, certified prices, copies of bills of sale, receipts, cancelled cheeks, copies of advertisements, offers to sell, auction records, and such other records as ";air be approprihte to support the claim. -- Documentation may be required by the Agency; and may include income tax returns, withholding or informational statements, and proof of age. All claim papers and related evidence will become permanent records jr, the Agency's files. The reason for disallowing any portion of a claim will be stated in writing-to the claimant. 8.0 ASSISTANCE TO BUSINESSES AND OTHERS 0.1 Individuals All services to be offered displaced families will be equally available to individuals occupying separate housekeeping or nonhousekeeping e ccom modes tions. 8.2 Others The Agency will cooperate fully with an owner of any property in the project area which is not proposed to be acquired by the Agency but which must be vacated in order for the owner to participate in the redevelopment prograrn. if he and/or his tenants are so vacated, then the Agency's relocation advisory services will be offered to them. 0448H -18- i,r !1 � 1 r tr• �.Y.yAI��r 'Y!1. •.... .1..'\.•1...r�...Y..... ...• • I it BUSMANOW and bustituttomr : ltepreseetrtives of buidnesm and institutions 1004ted within a pro*t am wM be persoially interviewee to determine their relocation nfeds and prefgrsno4s, provided pheral anal rpeeial informational mafer:a4 assisted in preparing relocation claims, helped in finding other suitable loestions within of outside the projected awes, and referred to other groups or agencies for assistance hi completing a satisfactory reloca t IMi1!r As the situation requirrta, the relocation staff will refer these displace'aa to, and maintain hoLson between, the Small Fusiness Administration, the Economic Development Ageney, tram associations, Chambers of Commerce, lending institutions, real estate agencies, brtrkers, and multiple listing realty boards in order that they may be cssisted on a nondiscriminatory basis in obtaining suitable relocation premises; financial WOO and guidance in reestablishing their operations. The office of the Small Business Administration and economic . development agencies will to made aware of the project and, hopefully will work closely with the Agency and displacees in extending their ,�istance. information about these agencies will be svailat�)e from the relocation staff, and referrals to them and to others who can aisist commercial displacees will be made with the same consistency and comprehensiveness as refirra!-� of residents to social service agencies. 9.0 NOTICES TO VACATE 9.1 General Policy No person or business lawfully occupying real property acquired by the Agency shall be required to move from a dwellnni, or to move his business or farm without at least ninety days' notice in writing, except In unusual emergency situations or where the public health and safety require immedia►tf possession. No person shall be required to vacate a dwelling unl�ms comparable decent, safe, and sanitary replacement housing is available, except in public health and safety emergencies. 9.2 Ninety-Day-Day Notice A ninety-day novice to vacate may not be issued before the Agency has control of the property to be vacated. Such control may be any of the Mowing.- Where property is acquired through negotiation, control by the Agency will accrue to the date of recordation of the deed; r i 044811 -19- r : ';�. .fir• ' l ti' !'. �•,) • � it Y �. "i�. 't 7. .0.•C•':1p�.':1.1:,!•:.i,... , 'd•hhn;N.;'.1d.7•P7.p'.,.;..:••• ••h. n7• .. . . . . .. n•la•' .. ..1.,.,.r d.;..;.:..'. .. •. . • ` .. . .. •.N!;.t.:.r.r71h'.;i{.n1�P1tV7ll...•.Liq• .l.•.0 `1•.. ••1•. :v, '.l.. r•. . Where property is to be aaquinki through eminent domain toga and position Is granted by an Order of Immediate V on, control is taken to mean the data on which such Orde is granted, provided that the effective date of the Notice • coincides with or ;Calls later then the effective d&te of the Order; or �- Where property is to be acquired throvCh eminent domain proceedings but no Order of Immediate Possession Is taken, . control accrues to the date of recordation of the Final Order of Condemnation. Any ninety-day notice to vacate shali contain a firm specific date by which the relocatee must vacate the property and shall Include a statement that the relocatee will not be required to move from a dwelling, jr to move his business or farm before ninety days from the date of the Notice. Such notice shall inform the relocatee that he also will be given a thirty-d$y written notice specifying the date by which the property must be vacated. 9.3 'dirty-Day Notice At least thirty drys prior tt, the effective date of any ninety-day notice to vacate, the Agency will issue to each occupant a. thirty-day notice which reconfirms the specific date established for vacation of the property. 9.4 Extensions of Notices On or before the effective date of a vacate notice, but subsequent to issuance of a thirty-day notice, a written extension of time may be granted should conditions or lack of available replacement housing or commercial sites warrant. Such extensions may not be granted for more than thirty days at one time; additional thirty-day extensions may be granted as necessary to the successful relocation of the site occupea7 L 9.5 Execution of Notices All not'aes to vacate and extensions thereof shall by signed by the Agency Executive Director or his designee. 1010 APPEALS PROCEDURE AND ADMINISTRATIVE REVIEW 10.1 Pu_rose The purpose of this section is to set forth rules for processing appeals from Agency determinations as to eligibility pursuant to a relocation claim, the amount of payment, and for processing appeals from persons aggrieved by the Agency's failure to refer them to comparable permanent or adequate temporary replacement housing. A � 0449t1 -70- i 1 mom i, .. ..,. ,i•• �.�•:.. .. ..1 +`"'• .,. .ley. 1A.2 3ti�'ht �pf l�arviaklr ' iwYYs.�YYl�uYO r -- ' Any wmpkinantg that is any pemn who believes himself • n rJoyed by a determination as to eligibility, the amount of psymeat, the failure of the Agency to provide compar:b4 reoloeement housing or adequate temporary replacement housing, or the Agency's property management practices, may, at his election, have his claim reviewed and reaonsi&red in accordance with the procedures met forth in this section. A person or organisation directly affected by the relocation plan may petition the Agency to review the final relocation plan as provided for in the Guidelines. 10.3 NotJfication to mplainent If the Project Manager denies or refuses to consider a claim, the complainant shall be notified within 15 days of such determination and shall be informed of the reasons for such denial or itefusal, and the applicable procedures for obtaining review of the decision. If necessary, such notification shall be i, a language most easily understood by the complainant. 10.4 Stages of Review by the Agency -- R nest for Further Written Information: A complainant may request the FrojeFt manager to provide him with a full written explanation of the Agency's determination and the basis therefor, if he feels that the explanation accompanying the jVment of the claim or notice of refusal inadequate. The Project rVinnager shall provide such an explanation to the complainant within 15 da}s after receipt of his request. Informal Oral Presentation: A ez,.nplainant may request an informal oral presentation before seeking formal review and reconsideration. A request-for an informal oral presentation shall be filed within the period described in subsection (4) of this section., and within 15 days of the request, the Project Manager shall afford the complainant the opportunity to make such presentatior•. The.• complainant may to represented by an attorney or other person of his choosing. This oral presentation shall enable the complainant to discuss the claim with the Director or a designee (other than the person who made the initial determination) having authority to revise the initial determination. The right to formal review and recob-tsideration shall not be conditioned upon requesting an oral presentation. -- Written Request for Review and Reecconsideradon: At any time Ohl n the period described in subsection 4 a complainant may file a written request for formal review and recrosideration. The complainant may include in the request for review any statement of fact within the complainant's knowledge or belief or other material which may have a bearing on the appeal. 0448H -21- `Ob ! "a ,r Time Unit for Regueding Reviews A complainant desiring • a tr an norm +nr' promtei"""—or W-eking a formal review and ►�eaw4dderation' shalt make a request to the Agency within elghte+wn months fallawi the ditto the move [rom the property is Complet� ' or the date finat compensation for the property is raceived, wairhever is later. 10.5 Formal review and Reconsideration by the Relocation Appeals Hoard -w The Relocation Appeals Board (as defined in Section 2.32 hereof) shall consider the request for review and shall submit its findings to the Agency staff with a recommendation whether a modification of the initial determination is necessary. The Relocation Appeals Board shall consider every aggrieved claimant's request and inform him that he has the right to be represented by an attorney, to present his case by oral or documentary evidence, to submit rebuttal evidence, to conduct such cross-examination,, as may be required, for a full and true disclosure of facts, and to seek judicial review once he has exhausted administrative appeal. -- Scope of Review: The Relocation Appeals Board shall review and reconsider the initial determination of the complahiant's J case in light of: - All material upon which ;he Agency based its initial determination includbig all applicable rulas and regulations, except that no evidence shall be relied upon where a claimant has been improperly denied an j opportunity to controvert the evidence or cross-examine the witness. -- The reasons given by the claimant for requesting review and reconsideration of the claim. Any additional written or relevant documentary materials submitted by the claimant. Any further information which the Relocation Appeals Board in itQ•discretion, obtains by request, investigation, or research, to ensure fair and full review of the claim. �- Fvidence_: The hearing shall be formal but need not he conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the Sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. 0448H -22- 1 `YJ t , llearaayy evidence may be admitted for any purpmsa but shall not . besufticiant in Itself to support a finding unless it would be admissible ever objoctlon in civil 6ations. The rules of privilege and of official or judicial notices shall be eMative to the some extent as in civil actions. Irrelevant and repefifiaus evidence shall be ixialuded: Orel evidence shall be taken only under oath or affirmation. 0erden of 91'roof: Toe burden s.f proof shall be on the claimant in as,---�-+- Counsels At all hearings held before the Relocation Appeals Hoard, complainants may be advised by on attorney at law, licensed to practice in the State of California. A separate counsel so licensed may also advise the Relocation Appeals Hoard, on matters of law. The Relocation Appeals Hoard shall exercise all powers relating to the conduct of the hearing. In no case shall the Relocation Appeals Board's counsel participate i: the decision of the ultimate issue. — Time Limits: 1 i - The matter shall be set by the Relocation Appeals Board, and the claimant shall be given at least five business days' notice in writing of the date and place of such hearing either by registered or certified mail, postage prepaid. The determination of review shall be issued as soon as possible, but in any event, no later than six weeks from receipt of the last material submitted by the claimant for consideration, or the date the hearing is terminated, whichever is later. In the case of the claimant's dismissal for untimeliness or for any other reason based on the merits of the claim, a written statement .*hall be furnished to the claimant stating the reason for the dismissal of the claim ac soon as possible, but not later than two weeks from receipt of the bast material submitted by the claimant or the date the hearir, is terminated, whichever is later. 10.5 Appeal to Relocation Subcommittee of A enc If any claimant is unsatisfied by the decision rendered by the Relocation Appeals Board, the claimant may appeal this decision to the Relocation Subcommittee of the Agency within ninety (90) days of receipt of the Relocation Appeal Board decision. The Relocation Subcommittee of the Agency (as defined in Section 2.30 hereof) shall abide by all the rules of evidence, procedures, time limits and all other provisions defined in Section 10.5 hereof. 0448H -23- •� f r 14.7 AODW-to &Mgy if any . claimant is unsatisfied with the decision rendered by the Relocation SubaommitWo of the Agency the claimant may appeal its decision to the full membership of the R,xdeRvelopment Agency within ninety (90) days of receipt of the decision of the ReA cation Subeommitteex. The .cogency shall abide by all the provisioner of Section 10.8 hereof and in addition this appeal will be heard at a rardar meeting of th-e—Rgency and shall be condwicted as a public hearing of the Agency following not less than ten (10) calendar days public notice in a newspaper of general circulation. 10.8 guests to Waive.Time Limitations A complainant may request a waiver of time limits provided, by filing a written request for a review of a decision in accordance with the procedures set forth in Section 10.4 and 10.5, except that such written request for review shall be flied within ninety (90) days of the claimant's receipt of the Agency's determination. 10.9 xtension of Time Limits The time limits specified in Section 10.4 may be extended for good cause by the Director. 10.10 Recommendations by Third Party Upon agreement between the claimant and the Board, a mutually acceptable third party or parties may review the claim and make advisory 'recommendations thercif to the Agency for its final determinattor,. M reviewing the 1.%laim and making recommendations, the third party or parties shall :)e guided by the provisions of this Grievance Procedure. 10.11 Review of Files by Claimant Except to the extent the confidentiality of materials is protected by law or its diselomire is prohibited by law, the claimant shall be permitted to inspect all files and records bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly denied access to any relevant material bearing on the clairr., such material may not be relied upon in reviewing the initial detp-mination. 10.12 Effect of Determination on Other Persons 7be pricciples established in p11 determinations by the Agency shall be considered as prudent for all eligible persons in subsequent similar situations regardless of whether or not such prrson filed or has filed a written request for review, All written determinations shall be kept on file and available fcr public review. j 0448H -24- c , ter Muft t ; 1 10.7 Awl,,to AgMey .. If any claimant is unsatisfied with the decision rendered by the Relocaticr. Subcommittee of the Agency the claimant may appeal its dacision to the full membership of the Redevelopment Agency within ninety (90) days of receipt of the decision of the Relocation Subcommittee. The Agency shall abide -by all the provisions of Section 10.5 hereof and in addition this appeal will be heard at a regular meeting of the Xgency and shall be conducted as a public hearing of the Agency following oot lease than ten (10) calendar days public notice in a newspaper of general circulation. 10.8 Requests to Waive.Time LImitations A complainant may request a waiver of time limits provided, by filing a written request for a review of a decision in accordance with the procedures set forth in Section 10.4 and 10.5, except that such written request for review shall be filed within ninety (40) days the claimant's receipt of the Agency's determination. t r 10.9 Extension of INme Limits I The time limits specified in Section 10.4 s:idy be extended for good couse by the Director. 10.10 Reeommendations by Third Party Upon agreement between the claimant and the Board, a mutually 1 acceptable third rArty or parties may review the claim and make l advisory "recommendations thereof to the Agency for its final determination. In reviewing the claim and making recommendations, the third party or parties shall be guided by the provisions of this Crievanca Procedure. 10.11 Review of Files by Claimant Except to the extent the confidentiality of ,materials is protected by law or Its disclosure is prohibited by law, the claimant shall be permitted to inspect all files and records bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly denied access to any relevant meterial bearing on the claim, such material may not be relied upon in reviewing the initial determinaticn. 10.12 Effect of Determination on Other Persons The principles established in p11 determinations by the Agency shall be considered as precedent for all eligible persons in subsequent similar situations regardless cf whether or not such person filed or has file' a written request for review. All written determinations shall be kept on I Ile and available for public review. 1 0448H -24- j! I I I1 1 { 1 '. .,. .. ' r t y ,rr:.7t,,,,r,r.,t,r.,.,,+r'•,., . . . . a ,t.., .,•o•. , ,. ., . ..L•. . . . .. .. ... . . .. . .. ... ,, . . . ��+i Wril4Yt+Mrf.arrgiwM�r'�1+tutr,: ; r 1 IL 1 3 1t ht to Counsel Any aggrieved party has a right to reprossntation by legal or other eourml st .his exp me at any and all states of the proceedings set forth in the" sections. 10,14 Joint Com Isinaata Where more then one person is aggrieved by the :ailure of the Agency to refer them to comparable permanent or adequate temporary replacement housithr, the complainants may join in filing a single written request fus• review. A determination shall be made by the Agency for each of the complainants. 10.15 Judicial Review ire determination made by the Apr-acy shall be considered final :or pub of exhaustion of administrative remedies. Nothing its this Article shaU in any way preclude or limit a claimant from seeking judicial review of a claim after exhaustion of such administrative remedies as are available. i 11.0 ADDITIONAL RELOCATION REtgUIREMENTS h State law and regulations do not prescribe relecatica assistance and benefit :r requirements Ciat exceed those provided for herein; however, the Agency shall follow and comply with all Such requirements prescribed. 044811 -25- r� ;4,r; , EXHIBIT "C" ' City of Huntington Beach P..P.NN kw FW 0-.P..P P-op P M OW-40-W 3000 MAIN STREET CAl.IFOfRNIA t�2t DEPARTMENT OF COMMUNITY DEVELOPMENT RuiWk*Divisive 5365241 NousinglRs>&"k- rmmt division 636.6642 Planning Diviskm 6366271 August 23, 1988 Mr. Mark Hodgson 1609 P'ortola Santa Ana, California 92701 Dear Mark, This letter is a follow.-up to our earlier discussions regarding the future impacts of the city's arterial street improvenie:+t program on Pacific Trailer Park. This letter wall serve to quantify in as much detail as possible, the city's future capital improvement activities that will impact the T ark. One activity, that being the initial improvement to Walnut Avenue at the intersection of Huntington Street and Walnut Avenue, will impact the P;irk within the near term. In the case of the Walnut Avenue, Huntington Street intersection Improvements, seven (7) coaches will be directly impacted by these improvements, and two (2) additional coaches could be impacted by setback requirements. Second, we have shown the coaches that would be impacted by the ultimate improvements along Atlanta Avenue. inasmuch as the need for these !nnprovemonts will be a function of our redevelopment activities in the project area, we cannot project aiivxact date that these improvements will occur. We can say that they will be constructed as a function of the need as generated by our downtowr redevehripment activities and could occur within a F :3--7 year timeframe. Three (3) coachc- wl"l be directly impacted as a result cf these improvements, with ten (10) additional coaches possibly being impacted to meet the city's setback requirements and other project design constraints. Last, is the precise street alignment for Delaware Street. We have determined through our staff review that the future precise alignment of Delaware Street, although important from a traffic circulation standrmint, should be deferred until the mobilehome park land use: on the site changes. As you are aware, the site is not within the Main-Pier Redevelopment Project Area as amended, nor are there any plans to incorporate the Part; into this project or any future project, and a change in land use would accordingly be a i decision of the Park owners. c 'I r. r. . •m rdM. '.f r f Mr. Mark Hodn August 23, 1988 S Page Two It is hoped that this letter will serve to clarify the city's objectives in terms of our capital improvement program that will impact the Park, and would welcome the opportunity to di a this letter with you in further detail. Sir .rarely, u N. La Belle, L'�ep City Administrator DLB:lp i Y 1 i S i i 1 l , Nq r A {1 Y . 1 I, q4 n - r L d r n A � r 11 .r• ' i y . , 4 4 � R r.j• , /mil`' ( ' J r4p% rr •� 1 r \` lei r /.• � r A\ ol ��>: �/ 'I �rI !• .ail•. � � f� of \ do. rl r • l' y �• I\�ti 1. Y � J/ � r r 10 Ile 10' a ' r rr,n,,s�. r b xIrT.ITlM'[N hhl`! •u+4Y.Mw..4R rD!tt kR WM b r T'fr:"..a'."..►�.+ ..r coca itt�' 1 NrIbG-,C6�f t• t �� ���Rr^�x�. � •'� j� ��•t•�ew��_ ..rawtV.`a.a...��r..+«.L�..i"^_._. •� r � 114 fm vR• =C=MgL r UTu �r RLOra1T I � NY vrn.irrtxt S, • , aRvmr erar�+.r avmwm AiVrtIIxMN1' 600•WeAfto /IY��7K�yYq I(11 _ I 1 y•..`'rr //�. ..,�'r fl/ l PW x ! 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