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HomeMy WebLinkAboutDelegation of Authority for Atlanta Avenue Widening Project CIT-f OF HUNTINGTON BEACH Page 1 of RIGHT OF WAY CONTRACT ATLANTA AVENUE WIDENING PROJECT RW 8-3(Rev.4/11) Case#101 024-291-16/101 80 Huntington Street,Space#101 File No. APN/Space No. Huntington Beach,CA 92649 STPL-5181(165) c/o John Saunders Federal No. 80 Huntington I,LLC 80 Huntington II,LLC 80 Huntington I, LLC/80 Huntington II, LLC ("Grantor") is the owner of certain property located at 80 Huntington Drive, Huntington Beach, CA 92648("the Property"). The City of Huntington Beach("City")seeks to purchase the mobile home located in space #101 in the Property along with any other interest Grantor has in the Personal Property, including but not limited to any interest Grantor may have by virtue of any rental or lease agreement. The City assumes Seller's rental payment obligation under any rental or lease agreement for the mobile home unit as tenant with the Landlord (Pacific Mobile Home Park). The City shall pay Grantor the current and outstanding rent and other charges beginning July 1, 2014 to the close of escrow in the amount of $1,695/month, in exchange for the Grantor holding the space vacant. It is mutually agreed as follows: 1. The City requires the property interests described in Document No. 101 for construction of the Atlanta Avenue Widening Project,a public use for which the City has the authority to exercise the power of eminent domain. 2. The City shall: (A) Pay into escrow the sum of$57,500.00 for the 40' x 12', 1976 mobile home manufactured by Freedom,manufacturer's vehicle serial number N/A, and bearing State of California vehicle license plate/Decal number N/A and said amount shall be conveyed to Grantor at the close of escrow when title to said Property vests in the City free and clear of all liens,encumbrances,taxes, assessments and leases. (B) The City shall pay all fees and charges required by the State Department of Housing and Community Development in connection with the transfer of title to the vehicle to the City, except as provided in Clause 2(C)of this agreement. (C) Have the authority to deduct from the amount shown in Clause 2(A)above, any amount necessary to satisfy any liens, encumbrances, assessments,taxes, delinquent registration fees, delinquent license fees on the vehicle or other property described herein and to be acquired by the City in this transaction, in an amount not to exceed$5,000. 3. At the time of execution of this agreement, the Seller shall deliver to the City the Certificate of Ownership to the above- described vehicle. In the event said Certificate of Ownership and/or other documents required to effect transfer of title to said vehicle are not available, the City may act as Seller's Attorney in Fact to secure said Certificate and/or other documents on Seller's behalf. 4. Subject to 2(C) above, and limited to $5,000, any and all amounts payable under this agreement up to and including the total amount of unpaid principal, interest, and unpaid charges due the lien holders named in the Bill of Sale, shall, on demand,be made payable to the person or persons entitled thereto. The lien holders will be required to furnish Seller with good and sufficient receipt showing said monies credited against said indebtedness. 5. It is agreed that Grantor shall, on the day following the expiration of a fifteen day grace period or sooner, Grantor shall vacate and deliver the above-described premises vacant to the City and in good order and condition, without further notice, and immediately thereafter deliver the keys thereto to the City's right of way representative, Paragon Partners Ltd., 5762 Bolsa Avenue, Suite 201, Huntington Beach, CA 92649 and Grantor shall also pay all closing utility bills up to and including the date of vacation. 6. In the event,however, Grantor does not vacate the premises within the 15 day grace period after the close of escrow, Grantor agrees to pay City the rate of $0.00 per day for use and occupancy of said premises beginning the day following the CITY OF HUNTINGTON BEACH Page 2 of 2 RIGHT OF WAY CONTRACT ATLANTA AVENUE WIDENING PROJECT RW 8-3(Rev.4/11) recordation of the deed conveying title to the City; and the acceptance of such payment by the City shall in no way create a new tenancy between the parties. In the event Grantor vacates the premises prior to the Certificate of Ownership and/or other documents conveying title to the City,the City is hereby granted possession to use,occupy,or rent the property as it sees fit. 7. It is understood and agreed by and between the parties hereto that payment in Clause 2(a)above includes,but is not limited to, payment for the following accessories and appurtenances attached to the vehicle being acquired in this transaction: (description based on appraisal summary) 8. Should the property be materially destroyed by fire, earthquake or other calamity without the fault of either party,this contract may be rescinded by the City; in such an event,the City may reappraise the property and make an offer thereon. 9. This transaction will be handled through escrow with Lawyers Title Company, 625 E. Carnegie Dr.#105, San Bernardino, CA 92408,Escrow officer Colleen Graves. In WITNESS WHEREOF,the parties have executed this agreement the dates set forth below. GRANTOR: GRANTEE: CITY OF HUNTINGTON BEACH,a Municipal Corporation By: Date: { c�John Saunders 80 Huntington I,LLC 80 Huntington lI,LLC By: R( it e) Date: APPROVED AS TO FORM: Date: .7/4 f 7,0)q By. (2--,(legal counsel) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED y CITY OF HUNTINGTON BEACH Page 1 of 2 RIGHT OF WAY CONTRACT ATLANTA AVENUE WIDENING PROJECT RW 8-3(Rev.4/11) Case#302 024-291-16/302 80 Huntington Street,Space#302 File No. APN/Space No. Huntington Beach,CA 92649 STPL-5181(165) Federal No. Rod and Cindra Stolk Rod and Cindra Stolk ("Grantor") is the owner of certain property located at 80 Huntington Drive, Huntington Beach, CA 92648 ("the Property"). The City of Huntington Beach ("City") seeks to purchase the mobile home located in space#302 in the Property along with any other interest Grantor has in the Property, including but not limited to any interest Grantor may have by virtue of any rental or lease agreement. The Document No. 302 in the form of a Quit Claim Deed covering the Property particularly described in the above instrument has been executed and delivered to Georgia Marquis, Project Manager for the City. By execution and acceptance of this Quit Claim Deed,the City shall assume Sellers rental payment obligation under any rental or lease agreement for the mobile home unit as tenant with the Landlord(Pacific Mobile Home Park). The City,however, will not be responsible for any outstanding liens, late rents or any defaults in accordance with the lease which shall remain the responsibility of Seller. It is mutually agreed as follows: 1. The City requires the property interests described in Document No. 302 for construction of the Atlanta Avenue Widening Project,a public use for which the City has the authority to exercise the power of eminent domain. 2. The City shall: (A) Pay into escrow the sum of$ 61 000 for the 56'xl2', 1961 mobile home manufactured by Tecru, manufacturer's vehicle serial number N/A, and bearing State of California vehicle license plate/Decal number N/A and said amount shall be conveyed to Grantor at the close of escrow when title to said Property vests in the City free and clear of all liens,encumbrances,taxes,assessments and leases. (B) The City shall pay all fees and charges required by the State Department of Housing and Community Development in connection with the transfer of title to the vehicle to the City,except as provided in Clause 2(C)of this agreement. (C) Have the authority to deduct from the amount shown in Clause 2(A)above, any amount necessary to satisfy any liens, encumbrances,assessments,taxes, delinquent registration fees, delinquent license fees on the vehicle or other property described herein and to be acquired by the City in this transaction. 3. At the time of execution of this agreement, the Seller shall deliver to the City the Certificate of Ownership to the above- described vehicle. In the event said Certificate of Ownership and/or other documents required to effect transfer of title to said vehicle are not available, the City may act as Seller's Attorney in Fact to secure said Certificate and/or other documents on Seller's behalf. 4. Any and all amounts payable under this agreement up to and including the total amount of unpaid principal, interest, and unpaid charges due the lien holders named in the Bill of Sale, shall, on demand, be made payable to the person or persons entitled thereto. The lien holders will be required to furnish Seller with good and sufficient receipt showing said monies credited against said indebtedness. 5. It is agreed that Grantor shall, on the day following the expiration of the 60 day grace period, Grantor shall vacate and deliver the above-described premises vacant to the City and in good order and condition, without further notice, and immediately thereafter deliver the keys thereto to the City's right of way representative, Paragon Partners Ltd., 5762 Bolsa Avenue, Suite 201,Huntington Beach,CA 92649 and Grantor shall also pay all closing utility bills up to and including the date of vacation. CITY OF HUNTINGTON BEACH Page 2 of 2 RIGHT OF WAY CONTRACT ATLANTA AVENUE WIDENING PROJECT RW 8-3(Rev.4/11) 6. Grantor is hereby granted two months tenancy free of rent after the close of escrow. However, in the event that,Grantor does not vacate the premises within the two month grace period, Grantor agrees to pay City the rate of JI&L per day for use and occupancy of said premises;and the acceptance of such payment by the City shall in no way create a new tenancy between the parties. In the event Grantor vacates the premises prior to the Certificate of Ownership and/or other documents conveying title to the City,the City is hereby granted possession to use,occupy,or rent the property as it sees fit. 7. It is understood and agreed by and between the parties hereto that payment in Clause 2(a)above includes,but is not limited to, payment for the following accessories and appurtenances attached to the vehicle being acquired in this transaction: (description based on appraisal summary) 8. Should the property be materially destroyed by fire,earthquake or other calamity without the fault of either party,this contract may be rescinded by the City; in such an event,the City may reappraise the property and make an offer thereon. 9. The undersigned Grantor hereby agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the herein described Property is included and also waives any and all claims to any money that may now be on deposit in said action and hereby waives any and all claims for attorney's fees,expert costs or litigation expenses. 10. This transaction will be handled through escrow with Lawyers Title Company,625 E. Carnegie Dr.9105, San Bernardino,CA 92408,Escrow officer Colleen Graves. In WITNESS WHEREOF,the parties have executed this agreement the dates set forth below. GRANTOR: GRANTEE: CITY OF HUNTINGTON BEACH,a Municipal Corporation By: Date: Ro tolk By: By. Cindra Stolk /Name) Date: 21 9/ �L APPROVED AS TO FORM: Date: Q By: l — (legal couns l) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED CITY OF HUNTINGTON BEACH Page 1 of 2 RIGHT OF WAY CONTRACT ATLANTA AVENUE WIDENING PROJECT RW 8-3(Rev.4/11) Case#401 024-291-16/401 80 Huntington Street,Space#401 File No. APN/Space No. Huntington Beach,CA 92649 STPL-5181(165) Federal No. James Rock James Rock("Grantor") is the owner of certain property located at 80 Huntington Drive, Huntington Beach, CA 92648 ("the Property"). The City of Huntington Beach("City") seeks to purchase the mobile home located in space#401 in the Property along with any other interest Grantor has in the Property, including but not limited to any interest Grantor may have by virtue of any rental or lease agreement. The Document No.401 in the form of a Quit Claim Deed covering the Property particularly described in the above instrument has been executed and delivered to Georgia Marquis, Project Manager for the City. By execution and acceptance of this Quit Claim Deed, the City shall assume Sellers rental payment obligation under any rental or lease agreement for the mobile home unit as tenant with the Landlord(Pacific Mobile Home Park). The City, however,will not be responsible for any outstanding liens,late rents or any defaults in accordance with the lease which shall remain the responsibility of Seller. It is inutually agreed as follows: 1. The City requires the property interests described in Document No. 401 for construction of the Atlanta Avenue Widening Project,a public use for which the City has the authority to exercise the power of eminent domain. 2. The City shall: (A) Pay into escrow the sum of$68,000.00 for the 48'x 20', 1979 mobile home manufactured by Skyline, manufacturer's vehicle serial number(s) 01710782AM, 01710782BM, and bearing State of California vehicle license plate/Decal number LAY3413 and said amount shall be conveyed to Grantor at the close of escrow when title to said Property vests in the City free and clear of all liens,encumbrances,taxes,assessments and leases. (B) The City shall pay all fees and charges required by the State Department of Housing and Community Development in connection with the transfer of title to the vehicle to the City,except as provided in Clause 2(C)of this agreement. (C) Have the authority to deduct from the amount shown in Clause 2(A) above, any amount necessary to satisfy any liens, encumbrances,assessments,taxes, delinquent registration fees,delinquent license fees on the vehicle or other property described herein and to be acquired by the City in this transaction. 3. At the time of execution of this agreement, the Seller shall deliver to the City the Certificate of Ownership to the above- described vehicle. In the event said Certificate of Ownership and/or other documents required to effect transfer of title to said vehicle are not available, the City may act as Seller's Attorney in Fact to secure said Certificate and/or other documents on Seller's behalf. 4. Any and all amounts payable under this agreement up to and including the total amount of unpaid principal, interest, and unpaid charges due the lien holders named in the Bill of Sale, shall, on demand, be made payable to the person or persons entitled thereto. The lien holders will be required to furnish Seller with good and sufficient receipt showing said monies credited against said indebtedness. 5. It is agreed that Grantor shall, on the day following the expiration of a fifteen day grace period, Grantor shall vacate and deliver the above-described premises vacant to the City and in good order and condition, without further notice, and immediately thereafter deliver the keys thereto to the City's right of way representative, Paragon Partners Ltd., 5762 Bolsa Avenue, Suite 201, Huntington Beach, CA 92649 and Grantor shall also pay all closing utility bills up to and including the date of vacation. CITY OF HUNTINGTON BEACH Page 2 of 2 RIGHT OF WAY CONTRACT ATLANTA AVENUE WIDENING PROJECT RW 8-3(Rev.4/11) 6. In the event,however, Grantor does not vacate the premises within the 15 day grace period after the close of escrow, Grantor agrees to pay City the rate of $40.84 per day for use and occupancy of said premises beginning the day following the recordation of the deed conveying title to the City; and the acceptance of such payment by the City shall in no way create a new tenancy between the parties. In the event Grantor vacates the premises prior to the Certificate of Ownership and/or other documents conveying title to the City,the City is hereby granted possession to use, occupy, or rent the property as it sees fit. 7. It is understood and agreed by and between the parties hereto that payment in Clause 2(a)above includes,but is not limited to, payment for the following accessories and appurtenances attached to the vehicle being acquired in this transaction: (description based on appraisal summary) 8. Should the property be materially destroyed by fire,earthquake or other calamity without the fault of either party,this contract may be rescinded by the City;in such an event,the City may reappraise the property and make an offer thereon. 9. The undersigned Grantor hereby agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the herein described Property is included and also waives any and all claims to any money that may now be on deposit in said action and hereby waives any and all claims for attorney's fees, expert costs or litigation expenses. 10. This transaction.will be handled through escrow with Lawyers Title Company,625 E. Carnegie Dr.#105, San Bernardino, CA 92408,Escrow officer Colleen Graves. In WITNESS WHEREOF,the parties have executed this agreement the dates set forth below. GRANTOR: GRANTEE: CITY OF HUNTINGTON BEACH,a Municipal Corporation By: Date: J es Rock By. S ►�J t� By: P,( i ame) Date: 6 APPROVED AS TO FORM: Date: f?�%Z r By: ,, L legal counsel) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED CITY OF HUNTINGTON BEACH Page 1 of 2 RIGHT OF WAY CONTRACT ATLANTA AVENUE WIDENING PROJECT RW 8-3(Rev.4/11) Case#201 024-291-16/201 80 Huntington Street,Space#201 File No. APN/Space No. Huntington Beach,CA 92649 STPL-5181(165) Federal No. Collette Chailou Collette Chailou ("Grantor") is the owner of certain property located at 80 Huntington Drive, Huntington Beach, CA 92648 ("the Property"). The City of Huntington Beach ("City") seeks to purchase the mobile home located in space#201 in the Property along with any other interest Grantor has in the Property, including but not limited to any interest Grantor may have by virtue of any rental or lease agreement. The Document No. 201 in the form of a Quit Claim Deed covering the Property particularly described in the above instrument has been executed and delivered to Georgia Marquis, Project Manager for the City. By execution and acceptance of this Quit Claim Deed, the City shall assume Sellers rental payment obligation under any rental or lease agreement for the mobile home unit as tenant with the Landlord(Pacific Mobile Home Park). The City,however, will not be responsible for any outstanding liens, late rents or any defaults in accordance with the lease which shall remain the responsibility of Seller. It is mutually agreed as follows: 1. The City requires the property interests described in Document No. 201 for construction of the Atlanta Avenue Widening Project,a public use for which the City has the authority to exercise the power of eminent domain. 2. The City shall: (A) Pay into escrow the sum of$55,000.00 for the 40'x 20', 1981 mobile home manufactured by Skyline, manufacturer's vehicle serial numbers 805A, 805B, and bearing State of California vehicle license plate/Decal number 576QYM and said amount shall be conveyed to Grantor at the close of escrow when title to said Property vests in the City free and clear of all liens,encumbrances,taxes,assessments and leases. (B) The City shall pay all fees and charges required by the State Department of Housing and Community Development in connection with the transfer of title to the vehicle to the City, except as provided in Clause 2(C)of this agreement. (C) Have the authority to deduct from the amount shown in Clause 2(A) above, any amount necessary to satisfy any liens, encumbrances, assessments,taxes, delinquent registration fees, delinquent license fees on the vehicle or other property described herein and to be acquired by the City in this transaction. 3. At the time of execution of this agreement, the Seller shall deliver to the City the Certificate of Ownership to the above- described vehicle. In the event said Certificate of Ownership and/or other documents required to effect transfer of title to said vehicle are not available, the City may act as Seller's Attorney in Fact to secure said Certificate and/or other documents on Seller's behalf. 4. Any and all amounts payable under this agreement up to and including the total amount of unpaid principal, interest, and unpaid charges due the lien holders named in the Bill of Sale, shall, on demand, be made payable to the person or persons entitled thereto. The lien holders will be required to furnish Seller with good and sufficient receipt showing said monies credited against said indebtedness. 5. It is agreed that Grantor shall, on the day following the expiration of a fifteen day grace period, Grantor shall vacate and deliver the above-described premises vacant to the City and in good order and condition, without further notice, and immediately thereafter deliver the keys thereto to the City's right of way representative, Paragon Partners Ltd., 5762 Bolsa Avenue, Suite 201, Huntington Beach, CA 92649 and Grantor shall also pay all closing utility bills up to and including the date of vacation. CITY OF HUNTINGTON BEACH Page 2 of 2 RIGHT OF WAY CONTRACT ATLANTA AVENUE WIDENING PROJECT RW 8-3(Rev.4/11) 6. In the event, however, Grantor does not vacate the premises within the 15 day grace period after the close of escrow, Grantor agrees to pay City the rate of 41.18 per day for use and occupancy of said premises beginning the day following the recordation of the deed conveying title to the City; and the acceptance of such payment by the City shall in no way create a new tenancy between the parties. In the event Grantor vacates the premises prior to the Certificate of Ownership and/or other documents conveying title to the City,the City is hereby granted possession to use, occupy,or rent the property as it sees fit. 7. It is understood and agreed by and between the parties hereto that payment in Clause 2(a)above includes,but is not limited to, payment for the following accessories and appurtenances attached to the vehicle being acquired in this transaction: (description based on appraisal summary) 8. Should the property be materially destroyed by fire,earthquake or other calamity without the fault of either party,this contract may be rescinded by the City;in such an event,the City may reappraise the property and make an offer thereon. 9. The undersigned Grantor hereby agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the herein described Property is included and also waives any and all claims to any money that may now be on deposit in said action and hereby waives any and all claims for attorney's fees,expert costs or litigation expenses. 10. This transaction will be handled through escrow with Lawyers Title Company, 625 E. Carnegie Dr.#105,San Bernardino, CA 92408,Escrow officer Colleen Graves. In WITNESS WHEREOF,the parties have executed this agreement the dates set forth below. GRANTOR: GRANTEE: CITY OF HUNTINGTON BEACH,a Municipal Corporation ATZ By: Date: Collette Chailou Date: t By: ( itJ/Name) APPROVED AS TO FORM: Date: By: --(legal counsel) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED CITY OF HUNTINGTON BEACH Page 1 of 2 RIGHT OF WAY CONTRACT ATLANTA AVENUE WIDENING PROJECT RW 8-3(Rev.4/11) Case#501 024-291-16/501 80 Huntington Street,Space#501 File No. APN/Space No. Huntington Beach,CA 92649 STPL-5181(165) Federal No. Susan Gohl Susan Gohl ("Grantor") is the owner of certain property located at 80 Huntington Drive, Huntington Beach, CA 92648 ("the Property"). The City of Huntington Beach("City")seeks to purchase the mobile home located in space#501 in the Property along with any other interest Grantor has in the Property, including but not limited to any interest Grantor may have by virtue of any rental or lease agreement. The Document No.501 in the form of a Quit Claim Deed covering the Property particularly described in the above instrument has been executed and delivered to Georgia Marquis, Project Manager for the City. By execution and acceptance of this Quit Claim Deed, the City shall assume Sellers rental payment obligation under any rental or lease agreement for the mobile home unit as tenant with the Landlord (Pacific Mobile Home Park). The City, however, will not be responsible for any outstanding liens,late rents or any defaults in accordance with the lease which shall remain the responsibility of Seller. It is mutually agreed as follows: 1. The City requires the property interests described in Document No. 501 for construction of the Atlanta Avenue Widening Project,a public use for which the City has the authority to exercise the power of eminent domain. 2. The City shall: (A) Pay into escrow the sum of $62,000.00 for the 52'x 10 , 1960 mobile home manufactured by Pan America, manufacturer's vehicle serial number S 16634, and bearing State of California vehicle license plate/Decal number AAU9733 and said amount shall be conveyed to Grantor at the close of escrow when title to said Property vests in the City free and clear of all liens,encumbrances,taxes,assessments and leases. (B) The City shall pay all fees and charges required by the State Department of Housing and Community Development in connection with the transfer of title to the vehicle to the City,except as provided in Clause 2(C)of this agreement. (C) Have the authority to deduct from the amount shown in Clause 2(A) above, any amount necessary to satisfy any liens, encumbrances, assessments,taxes,delinquent registration fees, delinquent license fees on the vehicle or other property described herein and to be acquired by the City in this transaction. 3. At the time of execution of this agreement, the Seller shall deliver to the City the Certificate of Ownership to the above- described vehicle. In the event said Certificate of Ownership and/or other documents required to effect transfer of title to said vehicle are not available, the City may act as Seller's Attorney in Fact to secure said Certificate and/or other documents on Seller's behalf. 4. Any and all amounts payable under this agreement up to and including the total amount of unpaid principal, interest, and unpaid charges due the lien holders named in the Bill of Sale, shall, on demand, be made payable to the person or persons entitled thereto. The lien holders will be required to furnish Seller with good and sufficient receipt showing said monies credited against said indebtedness. 5. It is agreed that Grantor shall, on the day following the expiration of a fifteen day grace period, Grantor shall vacate and deliver the above-described premises vacant to the City and in good order and condition, without further notice, and immediately thereafter deliver the keys thereto to the City's right of way representative, Paragon Partners Ltd., 5762 Bolsa Avenue, Suite 201, Huntington Beach, CA 92649 and Grantor shall also pay all closing utility bills up to and including the date of vacation. CITY OF HUNTINGTON BEACH Page 2 of 2 RIGHT OF WAY CONTRACT ATLANTA AVENUE WIDENING PROJECT RW 8-3(Rev.4/11) 6. In the event, however, Grantor does not vacate the premises within the 15 day grace period after the close of escrow, Grantor agrees to pay City the rate of JILL per day for use and occupancy of said premises beginning the day following the recordation of the deed conveying title to the City; and the acceptance of such payment by the City shall in no way create a new tenancy between the parties. In the event Grantor vacates the premises prior to the Certificate of Ownership and/or other documents conveying title to the City,the City is hereby granted possession to use,occupy, or rent the property as it sees fit. 7. It is understood and agreed by and between the parties hereto that payment in Clause 2(a)above includes,but is not limited to, payment for the following accessories and appurtenances attached to the vehicle being acquired in this transaction: (description based on appraisal summary) 8. Should the property be materially destroyed by fire, earthquake or other calamity without the fault of either party,this contract may be rescinded by the City;in such an event,the City may reappraise the property and make an offer thereon. 9. The undersigned Grantor hereby agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the herein described Property is included and also waives any and all claims to any money that may now be on deposit in said action and hereby waives any and all claims for attorney's fees,expert costs or litigation expenses. 10. This transaction will be handled through escrow with Lawyers Title Company, 625 E. Carnegie Dr.#105,San Bernardino, CA 92408,Escrow officer Colleen Graves. In WITNESS WHEREOF,the parties have executed this agreement the dates set forth below. GRANTOR: GRANTEE: CITY OF HUNTINGTON BEACH,a Municipal Corporation / B >v�t�9� �/ 2/ Date: b /� Susan G I Date: l� / By: PX�y/Name) APPROVED AS TO FORM: Date: y�/' 1Z-0f By. (legal counsel) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED CITY OF HIJTINGTON BEACH Page 1 of 2 RIGHT OF WAY CONTRACT ATLANTA AVENUE WIDENING PROJECT RW 8-3(Rev.4/11) Case#502 024-291-16/502 80 Huntington Street,Space#502 File No. APN/Space No. Huntington Beach,CA 92649 STPL-5181(165) Federal No. Roger Savoie Roger Savoie("Grantor") is the owner of certain property located at 80 Huntington Drive, Huntington Beach, CA 92648 ("the Property"). The City of Huntington Beach("City") seeks to purchase the mobile home located in space#502 in the Property along with any other interest Grantor has in the Property, including but not limited to any interest Grantor may have by virtue of any rental or lease agreement. The Document No. 502 in the form of a Quit Claim Deed covering the Property particularly described in the above instrument has been executed and delivered to Georgia Marquis, Project Manager for the City. By execution and acceptance of this Quit Claim Deed, the City shall assume Sellers rental payment obligation under any rental or lease agreement for the mobile home unit as tenant with the Landlord (Pacific Mobile Home Park). The City, however, will not be responsible for any outstanding liens,late rents or any defaults in accordance with the lease which shall remain the responsibility of Seller. It is mutually agreed as follows: 1. The City requires the property interests described in Document No. 502 for construction of the Atlanta Avenue Widening Project,a public use for which the City has the authority to exercise the power of eminent domain. 2. The City shall: (A) Pay into escrow the sum of $82,000.00 for the 52.5'xl01, 1960 mobile home manufactured by Rod Reel, manufacturer's vehicle serial number S4213, and bearing State of California vehicle license plate/Decal number AAW7112 and said amount shall be conveyed to Grantor at the close of escrow when title to said Property vests in the City free and clear of all liens, encumbrances,taxes,assessments and leases. (B) The City shall pay all fees and charges required by the State Department of Housing and Community Development in connection with the transfer of title to the vehicle to the City,except as provided in Clause 2(C)of this agreement. (C) Have the authority to deduct from the amount shown in Clause 2(A)above, any amount necessary to satisfy any liens, encumbrances, assessments,taxes,delinquent registration fees, delinquent license fees on the vehicle or other property described herein and to be acquired by the City in this transaction. 3. At the time of execution of this agreement, the Seller shall deliver to the City the Certificate of Ownership to the above- described vehicle. In the event said Certificate of Ownership and/or other documents required to effect transfer of title to said vehicle are not available, the City may act as Seller's Attorney in Fact to secure said Certificate and/or other documents on Seller's behalf. 4. Any and all amounts payable under this agreement up to and including the total amount of unpaid principal, interest, and unpaid charges due the lien holders named in the Bill of Sale, shall, on demand, be made payable to the person or persons entitled thereto. The lien holders will be required to furnish Seller with good and sufficient receipt showing said monies credited against said indebtedness. 5. It is agreed that Grantor shall, on the day following the expiration of a fifteen day grace period, Grantor shall vacate and deliver the above-described premises vacant to the City and in good order and condition, without further notice, and immediately thereafter deliver the keys thereto to the City's right of way representative, Paragon Partners Ltd., 5762 Bolsa Avenue, Suite 201, Huntington Beach, CA 92649 and Grantor shall also pay all closing utility bills up to and including the date of vacation. J CITY OF HUNTINGTON BEACH Page 2 of 2 RIGHT OF WAY CONTRACT ATLANTA AVENUE WIDENING PROJECT RW 8-3(Rev.4/11) 6. In the event, however, Grantor does not vacate the premises within the 15 day grace period after the close of escrow, Grantor agrees to pay City the rate of 46.23 per day for use and occupancy of said premises beginning the day following the recordation of the deed conveying title to the City; and the acceptance of such payment by the City shall in no way create a new tenancy between the parties. In the event Grantor vacates the premises prior to the Certificate of Ownership and/or other documents conveying title to the City,the City is hereby granted possession to use,occupy,or rent the property as it sees fit. 7. It is understood and agreed by and between the parties hereto that payment in Clause 2(a)above includes,but is not limited to, payment for the following accessories and appurtenances attached to the vehicle being acquired in this transaction: (description based on appraisal summary) 8. Should the property be materially destroyed by fire,earthquake or other calamity without the fault of either party,this contract may be rescinded by the City; in such an event,the City may reappraise the property and make an offer thereon. 9. The undersigned Grantor hereby agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the herein described Property is included and also waives any and all claims to any money that may now be on deposit in said action and hereby waives any and all claims for attorney's fees,expert costs or litigation expenses. 10. This transaction will be handled through escrow with Lawyers Title Company, 625 E.Carnegie Dr.#105,San Bernardino,CA 92408,Escrow officer Colleen Graves. In WITNESS WHEREOF,the parties have executed this agreement the dates set forth below. GRANTOR: GRANTEE: CITY OF HUNTINGTON BEACH,a Municipal Corporation AL By:LZ—Z���i��c P�7i Date: Roger ooie Date: '7 —� 1 / By: ( ' y/Name) APPROVED AS TO FORM: Date: ff By: l� (legal counsel) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED CITY OF HUNTINGTON BEACH Page 1 of 2 RIGHT OF WAX CONTRACT ATLANTA AVENUE WIDENING PROJECT RW 8-3(Rev.4/11) Case#301 024-291-16/301 80 Huntington Street,Space#301 File No. APN/Space No. Huntington Beach,CA 92649 STPL-5181(165) Federal No. Mike Parashis Mike Parashis ("Grantor") is the owner of certain property located at 80 Huntington Drive,Huntington Beach,CA 92648 ("the Property"). The City of Huntington Beach("City")seeks to purchase the mobile home located in space#301 in the Property along with any other interest Grantor has in the Property, including but not limited to any interest Grantor may have by virtue of any rental or lease agreement. The Document No. 301 in the form of a Quit Claim Deed covering the Property particularly described in the above instrument has been executed and delivered to Georgia Marquis, Project Manager for the City. By execution and acceptance of this Quit Claim Deed, the City shall assume Sellers rental payment obligation under any rental or lease agreement for the mobile home unit as tenant with the Landlord (Pacific Mobile Home Park). The City, however, will not be responsible for any outstanding liens,late rents or any defaults in accordance with the lease which shall remain the responsibility of Seller. It is mutually agreed as follows: 1. The City requires the property interests described in Document No. 301 for construction of the Atlanta Avenue Widening Project,a public use for which the City has the authority to exercise the power of eminent domain. 2. The City shall: (A) Pay into escrow the sum of$45,000.00 for the 36'xl2', 1983 mobile home manufactured by Skyline/Caravelle Delux, CD 2085A, manufacturer's vehicle serial number 19710224T, and bearing State of California vehicle license plate/Decal number N/A and said amount shall be conveyed to Grantor at the close of escrow when title to said Property vests in the City free and clear of all liens,encumbrances,taxes,assessments and leases. (B) The City shall pay all fees and charges required by the State Department of Housing and Community Development in connection with the transfer of title to the vehicle to the City, except as provided in Clause 2(C)of this agreement. (C) Have the authority to deduct from the amount shown in Clause 2(A)above, any amount necessary to satisfy any liens, encumbrances, assessments,taxes,delinquent registration fees,delinquent license fees on the vehicle or other property described herein and to be acquired by the City in this transaction. 3. At the time of execution of this agreement, the Seller shall deliver to the City the Certificate of Ownership to the above- described vehicle. In the event said Certificate of Ownership and/or other documents required to effect transfer of title to said vehicle are not available, the City may act as Seller's Attorney in Fact to secure said Certificate and/or other documents on Seller's behalf. 4. Any and all amounts payable under this agreement up to and including the total amount of unpaid principal, interest, and unpaid charges due the lien holders named in the Bill of Sale, shall, on demand, be made payable to the person or persons entitled thereto. The lien holders will be required to furnish Seller with good and sufficient receipt showing said monies credited against said indebtedness. 5. It is agreed that Grantor shall, on the day following the expiration of a fifteen day grace period, Grantor shall vacate and deliver the above-described premises vacant to the City and in good order and condition, without further notice, and immediately thereafter deliver the keys thereto to the City's right of way representative, Paragon Partners Ltd., 5762 Bolsa Avenue, Suite 201, Huntington Beach, CA 92649 and Grantor shall also pay all closing utility bills up to and including the date of vacation. Y CITY OF HUNTINGTON BEACH Page 2 of 2 RIGHT OF WAY CONTRACT ATLANTA AVENUE WIDENING PROJECT RW 8-3(Rev.4/11) 6. In the event, however, Grantor does not vacate the premises within the 15 day grace period after the close of escrow, Grantor agrees to pay City the rate of JILLO per day for use and occupancy of said premises beginning the day following the recordation of the deed conveying title to the City; and the acceptance of such payment by the City shall in no way create a new tenancy between the parties. In the event Grantor vacates the premises prior to the Certificate of Ownership and/or other documents conveying title to the City, the City is hereby granted possession to use,occupy,or rent the property as it sees fit. 7. It is understood and agreed by and between the parties hereto that payment in Clause 2(a)above includes, but is not limited to, payment for the following accessories and appurtenances attached to the vehicle being acquired in this transaction: (description based on appraisal summary) 8. Should the property be materially destroyed by fire,earthquake or other calamity without the fault of either party, this contract may be rescinded by the City;in such an event,the City may reappraise the property and make an offer thereon. 9. The undersigned Grantor hereby agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the herein described Property is included and also waives any and all claims to any money that may now be on deposit in said action and hereby waives any and all claims for attorney's fees,expert costs or litigation expenses. 10. This transaction will be handled through escrow with Lawyers Title Company,625 E. Carnegie Dr.#105,San Bernardino, CA 92408,Escrow officer Colleen Graves.. In WITNESS WHEREOF,the parties have executed this agreement the dates set forth below. GRANTOR: GRANTEE: CITY OF HUNTINGTON BEACH,a Municipal / Corporation By: /,� Date: Mike Parashis �i/ Date: � l By: &A , ty/Name) APPROVED AS TO FORM: Date: By: (legal counsel) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED CITY OF HUNTINGTON BEACH Pagel of 2 RIGHT OF WAY CONTRACT ATLANTA AVENUE WIDENING PROJECT RW 8-3(Rev.4/11) Case#102 024-291-16/102 80 Huntington Street,Space#102 File No. APN/Space No. Huntington Beach,CA 92649 STPL-5181(165) Federal No. Denise Sayles Denise Sayles ("Grantor") is the owner of certain property located at 80 Huntington Drive, Huntington Beach, CA 92648 ("the Property"). The City of Huntington Beach("City")seeks to purchase the mobile home located in space#102 in the Property along with any other interest Grantor has in the Property, including but not limited to any interest Grantor may have by virtue of any rental or lease agreement. The Document No. 102 in the form of a Quit Claim Deed covering the Property particularly described in the above instrument has been executed and delivered to Georgia Marquis, Project Manager for the City. By execution and acceptance of this Quit Claim Deed, the City shall assume Sellers rental payment obligation under any rental or lease agreement for the mobile home unit as tenant with the Landlord(Pacific Mobile Home Park). The City, however, will not be responsible for any outstanding liens,late rents or any defaults in accordance with the lease which shall remain the responsibility of Seller. It is mutually agreed as follows: 1. The City requires the property interests described in Document No. 102 for construction of the Atlanta Avenue Widening Project,a public use for which the City has the authority to exercise the power of eminent domain. 2. The City shall: (A) Pay into escrow the sum of$81,500.00 for the 40'x 20', 1995 mobile home manufactured by Fleetwood/Lake Springs 8402L, manufacturer's vehicle serial numbers CAFLS08A17072LS12, CAFLS08B17072LS12, and bearing State of California vehicle license plate/Decal number LAU8781 and said amount shall be conveyed to Grantor at the close of escrow when title to said Property vests in the City free and clear of all liens, encumbrances, taxes, assessments and leases. (B) The City shall pay all fees and charges required by the State Department of Housing and Community Development in connection with the transfer of title to the vehicle to the City,except as provided in Clause 2(C)of this agreement. (C) Have the authority to deduct from the amount shown in Clause 2(A) above, any amount necessary to satisfy any liens, encumbrances, assessments,taxes, delinquent registration fees, delinquent license fees on the vehicle or other property described herein and to be acquired by the City in this transaction. 3. At the time of execution of this agreement, the Seller shall deliver to the City the Certificate of Ownership to the above- described vehicle. In the event said Certificate of Ownership and/or other documents required to effect transfer of title to said vehicle are not available, the City may act as Seller's Attorney in Fact to secure said Certificate and/or other documents on Seller's behalf. 4. Any and all amounts payable under this agreement up to and including the total amount of unpaid principal, interest, and unpaid charges due the lien holders named in the Bill of Sale, shall, on demand, be made payable to the person or persons entitled thereto. The lien holders will be required to furnish Seller with good and sufficient receipt showing said monies credited against said indebtedness. 5. It is agreed that Grantor shall, on the day following the expiration of a fifteen day grace period, Grantor shall vacate and deliver the above-described premises vacant to the City and in good order and condition, without further notice, and immediately thereafter deliver the keys thereto to the City's right of way representative, Paragon Partners Ltd., 5762 Bolsa Avenue, Suite 201, Huntington Beach, CA 92649 and Grantor shall also pay all closing utility bills up to and including the date of vacation. CITY OF HUNTINGTON BEACH Page 2 of 2 RIGHT OF WAY CONTRACT ATLANTA AVENUE WIDENING PROJECT RW 8-3(Rev.4/11) 6. In the event, however, Grantor does not vacate the premises within the 15 day grace period after the close of escrow, Grantor agrees to pay City the rate of 46.66 per day for use and occupancy of said premises beginning the day following the recordation of the deed conveying title to the City; and the acceptance of such payment by the City shall in no way create a new tenancy between the parties. In the event Grantor vacates the premises prior to the Certificate of Ownership and/or other documents conveying title to the City,the City is hereby granted possession to use,occupy,or rent the property as it sees fit. 7. It is understood and agreed by and between the parties hereto that payment in Clause 2(a)above includes,but is not limited to, payment for the following accessories and appurtenances attached to the vehicle being acquired in this transaction: (description based on appraisal summary) 8. Should the property be materially destroyed by fire, earthquake or other calamity without the fault of either party, this contract may be rescinded by the City;in such an event,the City may reappraise the property and make an offer thereon. 9. The undersigned Grantor hereby agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the herein described Property is included and also waives any and all claims to any money that may now be on deposit in said action and hereby waives any and all claims for attorney's fees,expert costs or litigation expenses. 10. This transaction will be handled through escrow with Lawyers Title Company, 625 E.Carnegie Dr.#105,San Bernardino,CA 92408,Escrow officer Colleen Graves. In WITNESS WHEREOF,the parties have executed this agreement the dates set forth below. GRANTOR: GRANTEE: CITY OF HUNTINGTON BEACH,a Municipal Corporation By:: '��- Date: A Denise Sayles Date: By: 1 �j ( i(y/Name) i APPROVED AS TO FORM: Date: S-/ L By: (legal counsel) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Irrevocable Reciprocal Easement for Ingress and Egress" between the City of Huntington Beach (Grantor) and SIS Minimart Corp. (Grantee) and "Irrevocable Reciprocal Easement for Ingress and Egress" between SIS Minimart Corp. (Grantor) and the City of Huntington Beach (Grantee). Approved 7-0 3. Award and authorize execution of a construction contract in the amount of $198,000 to Faris Construction Company for the Meredith Pump Station Improvements Project, CC-1463 Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Faris Construction Company in the amount of$198,000.00; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Approved 7-0 4. Accept the lowest and responsible bid and authorize execution of a contract in the amount of$1,666,614.70 with R.J. Noble Company for the Argosy Avenue, Yorktown Avenue, and 6th Street Rehabilitation Project CC-1424 and approve and authorize execution of an agreement with Huntington Beach Union High School District (HBUHSD) Recommended Action: A) Accept the lowest responsive and responsible base bid submitted by R.J. Noble Company in the amount of$1,666,614.70; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Approve and authorize the Mayor and City Clerk to execute the Cooperative "Agreement" with the Huntington Beach Union High School District related to Public Improvements along their property frontage on Yorktown Avenue. Approved 7-0 5. Approve letter of Agreement between the City of Huntington Beach and the State of California that allows collaboration for the permitting of events on State and City property within the City of Huntington Beach Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Letter of Agreement Between the City of Huntington Beach and the State of California" that allows collaboration for the permitting events on State and City property within the City of Huntington Beach. Approved 6-1 (Carchio-No) 6. 6A Approval of Delegation of Authority for Atlanta Avenue Widening Project— Purchase of Eight (8) Mobile Homes -4- City Council/PFA Agenda—Monday, May 05, 2014 Recommended Action: Approve the delegation of authority and authorize the City Manager and City Attorney to execute eight (8) Atlanta Avenue Widening Project Right-of-Way Contracts and the Quit Claim Deeds. Approved 7-0 G@ Motion Sullivan, second Shaw to add emergency item (6C) after making a finding that the circumstances were unknown before the agenda was posted. Approved 6-9 (Harper-No) 6 Motion Sullivan, second Katapodis, to appropriate $25,000 to create an emergency loan fund to assist the 7 mobile home owners referred to in Agenda Item #6 to help them, if necessary, meet increased rents. The money is to be paid back to the City with appropriate interest. Approved 6-9 (Harper-No) 7. Adopt Ordinance No. 4025 amending the Huntington Beach Municipal Code (HBMC) by adding Chapter 9.70 relating to Fireworks Approved for introduction April 21, 2014 (Vote. 4-3 — Harper, Sullivan, Carchio - No) Recommended Action: Adopt Ordinance No. 4025, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 9.70 Relating to Fireworks." Reintroduce Ordinance No. 4025 as amended to remove Section 9.70.020 Property occupant/resident responsibility. 4-3 (Harper, Sullivan, Carchio-No) 8. Adopt Ordinance No. 4023 amending Huntington Beach Municipal Code Chapter(HBMC) 13.50 relating to regulation of trees Approved for introduction April 21, 2014 (Vote: 7-0) Recommended Action: Adopt Ordinance No. 4023, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 13.50 Relating to Regulation of Trees." Approved 7-0 9. Adopt Ordinance No. 4024 amending Chapter 2.28 of the Huntington Beach Municipal Code (HBMC) relating to City Council Compensation Approved for introduction April 21, 2014 (Vote: 5-2 — Harper, Carchio - No) Recommended Action: Adopt Ordinance No. 4024, "An Ordinance of the City of Huntington Beach Amending Chapter 2.28 of the Huntington. Beach Municipal Code Relating to -5- City Council/PFA Agenda—Monday, May 05, 2014 Dept. ID ED 14-14 Page 1 of 2 Meeting Date:5/5/2014 a CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 5/5/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Ken Domer,.Assistant City Manager Travis Hopkins, Director of Public Works SUBJECT: Approval of Delegation of Authority for Atlanta Avenue Widening Project — Purchase of Eight (8) Mobile Homes Statement of Issue: The Atlanta Avenue Widening Project ("Project") includes the necessity to acquire eight (8) mobile home units as identified in the Relocation Plan adopted by the City Council on November 18, 2013. To acquire the mobile home units, an Atlanta Avenue Widening Project Right-of-Way Contract, including a Quit Claim, has been developed and approved by the City Attorney. City Council is asked to authorize the City Manager and the City Attorney to execute eight (8) Right-of-Way Contracts. Financial Impact: Sufficient funds are available in the Atlanta Avenue Widening Project Account(2199000269365). Recommended Action: Approve the delegation of authority and authorize the City Manager and City Attorney to execute eight(8)Atlanta Avenue Widening Project Right-of-Way Contracts and the Quit Claim Deeds. Alternative Action(s): Do not approve the delegation and the eight Agreements would be brought to the City Council for approval. Analysis: The Atlanta Avenue Widening Project ("Pro)ect") will widen the south side of Atlanta Avenue between Huntington Street and Delaware Street to comply with the primary arterial street classification in the General Plan Circulation Element. Street improvements will provide the ultimate width necessary for an additional through lane and bike lane in each direction of travel. In order to construct the Project, the City must acquire a portion of one parcel located at 80 Huntington Street; that is currently occupied by the Pacific Mobile Home Park ("Park"). This partial land acquisition will directly impact eight mobile homes (Unit Nos. 101, 102, 201, 301, 302, 401, 501, and 502) located at the northern end of the Park along Atlanta Avenue. On December 19, 2011, City Council approved a Relocation Plan ("Plan") and Relocation Grievance Procedures to be used in the event that the Project was implemented. The Plan identifies the needs and characteristics of the eight mobile home households that would be displaced by the Project and describes the City's program to provide the displaced with relocation assistance. However, due to litigation regarding the project, the City was unable to implement the HB - - Item 6. - 1 Dept. ID ED 14-14 Page 2 of 2 Meeting Date:5/5/2014 Plan. The litigation is now concluded and on November 18, 2013, City Council approved a Relocation Plan Update. The Plan Update provides the most current information available based on changes that may have occurred in the Park, the Huntington Beach real estate market, and/or the relocation law and guidelines since the original Plan was approved. The City's relocation consultant, Paragon Partners, is working with eight (8) mobile home owners and is assisting the affected owners in their relocation efforts. To acquire the mobile home units, an Atlanta Avenue Widening Project Right-of-Way Contract, including a Quit Claim, has been developed and approved by the City Attorney and reviewed by Caltrans. As part of the relocation efforts, Paragon Partners assists the mobile home owners to locate replacement housing, including entering into escrow for the relocation. To allow the mobile home owners that are being relocated to smoothly transition into their new endeavors, staff is asking for the delegation of authority for the City Manager and City Attorney to execute the eight (8) contracts; therefore, not jeopardizing the escrows. Environmental Status: Not Applicable. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): Atlanta Avenue Widening Project Right-of-Way Sample Contract Item 6. - 2 K -92- CITY OF HUNTINGTON BEACH Page I of RIGHT OF WAY CONTRACT ATLANTA AVENUE WIDENING PROJECT RW 8-3(Rev.4/11) Case#f 024-291-16/_ 80 Huntington Street,Space# File No. ,LPN/Space No. Huntington Beach,CA 92649 STPL-5181(165) Federal No. [Tenant Name] [Tenant Name] ("Grantor") is the owner of certain property located at 80 Huntington Drive, Huntington Beach, CA 92648 ("the Property"). The City of Huntington Beach ("City") seeks to purchase the mobile home located in space # in the Property along with any other interest Grantor has in the Property, including but not limited to any interest Grantor may have by virtue of any rental or lease agreement. The Document No. in the form of a Quit Claim Deed covering the Property particularly described in the above instrument has been executed and delivered to.Georgia Marquis,Project Manager for the City. By execution and acceptance of this Quit Claim Deed, the City shall assume Sellers rental payment obligation under any rental or lease agreement for the mobile home unit as tenant with the Landlord(Pacific Mobile Home Park). The City, however, will not be responsible for any outstanding liens, late rents or any defaults in accordance with the lease which shall remain the responsibility of Seller. It is mutually agreed as follows: 1. The City requires the property interests described in Document No. — for construction of the Atlanta Avenue Widening Project,a public use for which the City has the authority to exercise the power of eminent domain. 2. The City shall: (A) Pay into escrow the sum of J_ for the x ryear l— mobile home manufactured by manufacturer's vehicle serial number —, and bearing State of California vehicle license plate/Decal number and said amount shall be conveyed to Grantor at the close of escrow when title to said Property vests in the City free and clear of all liens,encumbrances,taxes,assessments and leases. (B) The City shall pay all fees and charges required by the State Department of Housing and Community Development in connection with the transfer of title to the vehicle to the City,except as provided in Clause 2(C)of this agreement. (C) Have the authority to deduct from the amount shown in Clause 2(A) above, any amount necessary to satisfy any liens, encumbrances,assessments,taxes, delinquent registration fees,delinquent license fees on the vehicle or other property described herein and to be acquired by the City in this transaction. 3. At the time of execution of this agreement, the Seller shall deliver to the City the Certificate of Ownership to the above- described vehicle. In the event said Certificate of Ownership and/or other documents required to effect transfer of title to said vehicle are not available, the City may act as Seller's Attorney in Fact to secure said Certificate and/or other documents on Seller's behalf. 4. Any and all amounts payable under this agreement up to and including the total amount of unpaid principal, interest, and unpaid charges due the lien holders named in the Bill of Sale, shall, on demand, be made payable to the person or persons entitled thereto. The lien holders will be required to furnish Seller with good and sufficient receipt showing said monies credited against said indebtedness. 5. It is agreed that Grantor shall, on the day following the expiration of a fifteen day grace period, Grantor shall vacate and deliver the above-described premises vacant to the City and in good order and condition, without further notice, and immediately thereafter deliver the keys thereto to [be City's right of way representative, Paragon Partners Ltd., 5762 Bolsa Avenue, Suite 201, Huntington Beach, CA 92649 and Grantor shall also pay all closing utility bills up to and including the date of vacation. H B -9-)- Item 6. - 3 CITY OF HUNTINGTON BEACH Page 2 of 2 RIGHT OF WAY CONTRACT ATLANTA AVENUE WIDENING PROJECT HW 8-3(Rev.4/11) 6. In the event, however, Grantor does not vacate the premises within the 15 day grace period after the close of escrow, Grantor agrees to pay City the rate of$- per day for use and occupancy of said premises beginning the day following the recordation of the deed conveying title to the City; and the acceptance of such payment by the City shall in no way create a new tenancy between the parties. In the event Grantor vacates the premises prior to the Certificate of Ownership and/or other documents conveying title to the City,the City is hereby granted possession to use,occupy,or rent the property as it sees fit. 7. It is understood and agreed by and between the parties hereto that payment in Clause 2(a)above includes,but is not limited to, payment for the following accessories and appurtenances attached to the vehicle being acquired in this transaction: (description based on appraisal summary) 8. Should the property be materially destroyed by fire, earthquake or other calamity without the fault of either party,this contract may be rescinded by the City;in such an event,the City may reappraise the property and make an offer thereon. 9. The undersigned Grantor hereby agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the herein described Property is included and also waives any and all claims to any money that may now be on deposit in said action and hereby waives any and all claims for attorney's fees,expert costs or litigation expenses. 10. This transaction will be handled through escrow with Lawyers Title Company,625 E.Carnegie Dr.#105,San Bernardino,CA 92408,Escrow officer Colleen Graves. In WITNESS WHEREOF, the parties have executed this agreement the dates set forth below. GRANTOR: GRANTEE: CITY OF HUNTINGTON BEACH,a Municipal Corporation By: Date: [Tenant Name] Date: By: (City/Name) APPROVED AS TO FORM: Date: r By: _ (legal counsel) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Item 6. - 4 - : - -