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HomeMy WebLinkAboutAgreement for Acquisition and Escrow Instructions for the Pu Recorded in Official Records,Orange County N 0 L Hugh Nguyen,Clerk-Recorder T; NO SEE RECORDING REQUESTED By * g R 0 0 0 b 5 3 3 7 8 9 $ WHEN RECORDED MAIL THIS DOCUMENT 2014000076547 3:10 pm 02(27/14 AND TAX STATEMENTS TO: 48 406 G02 3 City of Huntington Beach 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 2000 Main Street Huntington Beach, CA. 92646 APN: 110-152-01 Escrow No: 09290368-918-GKD Title No: 00044103 Space above this line for Recorder's use GRANT DEED tins i4vs THE UNDERSIGNED GRANTOR(S) DECLARE(S): This document is recorded of and for the benfit of City of Huntington Beach and is therefore exempt from the payment of the recording fee pursuant to government code section 6103 and from the payment of the documentary transfer tax pursuant to revenue and taxation code section 19922. DOCUMENTARY TRANSFER TAX IS $0.00 0.00, CITY TAX $ 0.00 computed on full value of property conveyed, City of Huntington Beach AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, James R. Maag, a Married Man as his sole and separate property hereby GRANT(S) to City of Huntington Beach, a California municipal corporation the following described real property in the City of Huntington Beach, County of Orange, State of California: Please see exhibit"A` attached hereto and made a part hereof. Commonly known as: 110-152-C1 Vacant Land, Huntington Beach, CA Dated:, Fehruary 20, 2014 YAW STATE OF CA 0RNIA Iss: , R. Maag COUNTY OF On �0 O! before me, a Notary Public, (h a Insert name and the off er personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/ she/they executed the same in his/her/their authorized capaclty(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the SANDRA L. MCGRAw State of California that the foregoing paragraph Is true and — Commission # 1901074 a -a ;; Notary Public •California correct. i ' �� 3� Orange County ' WITNESS my hand and official seal. My Comm.Expires Sep 19, ' Signature (This area for notary stamp) MAIL TAX STATEMENTS AS DIRECTED ABOVE APPROVED AS TO FORM JENNIFER McGRATH,City Attorwy By Pad D' t RECORDING REQUESTED BY WHEN RECORDED MAID,THIS DOCUMENT AND TAX STATEMENTS TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA. 9264E APN: 110-152-01 ` Escrow No: 09290368-918-GILD Title No: 00044103 Space above this line for Recorder's use GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLAIRE(S): This document is recorded of and for the benfit of City of Huntington Beach and is therefore exempt from the payment of the recording fee pursuant to government code section 6103 and from the payment of the documentary transfer tax pursuant to revenue and taxation code section 19922. DOCUMENTARY TRANSFER TAX IS $0.00 0.00, CITY TAX $ 0.00 computed on full value of property conveyed, City of Huntington Beach AND FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, James R. Maag, a Married Man as his sole and separate property hereby GRANT(S) to City of Huntington Beach, a California municipal corporation the following described real property in the City of Huntington Beach, County of Orange, State of California: Please see exhibit"A'attached hereto and made a part hereof. Commonly known as: 110-152-01 Vacant Land, Huntington Beach, CA Dated: February 20 2014 STATE OF CAL,;I ORNIA SS: ' COUNTY OF /f7 ,a 3am�es R. Maag On 2© 2;b14 . , before me, (/ r -V , a Notary Public, (he`re insert name and t a of the off' er) personally appeared `//NZ/ 5 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the SANDRA L. MCGRAw i. State of California that the foregoing paragraph is true and ', Commission#1901074 correct. z ; ��� ;;�k Notary Public -California WITNESS m hand and official seal. z ' Orange County y My Comm. Expires Sep 19, �� Signature �^ (This area for notary stamp) MAIL TAX STATEMENTS AS DIRECTED ABOVE APPROVED AS TO FORM JENNIFER WGRATH,City Attarmy P-k p By Pad D Aleur>6o Aosiotant City Actaaay EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF HUNTINGT'ON BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS; LOT 24 OF TRACT NO. 32, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS PER MAP THEREOF RECORDED IN BOOK 9 PAGE 31, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. APN! 11.0-1.52-01 Clity ®f HuntlIn t® n Beach 200o Main Street ® Huntington Beach, CA 92648 (714) 536-5227 * wvw.huntingtonbeachca.gov s 1969 p. ®ice of the City Clerk Z'77, t Joan L. )Flynn, City Clerk DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated FEBRUARY 20, 2014, from JAMES R. MAAG, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: February 25, 2014 CITY OF HUNTINGTON BEACH 4# J AN L. FLYNN, CIVIC CITY CLERK Sis �Cdsrg ��grg 0 Waitakere, New Zealand Government Code§27281 procedure#16 Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorder RECORDING REQUESTED BY IIII�JIIJI III III 11�11 III11�11 III I II IIIJE 11.111111115,00 * $ R 0 0 0 6 5 3 3 7 9 0 $ AND WHEN RECORDED MAIL THIS 201400007&W 3:10 pm 02/27/14 DOCUMENT AND TAX STATEMENTS TO: 48 406 G02 F13 3 James R. Maag 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 S Gn J k Owl C o fist�, rA . L6�Z j APN: 110-152-01 Escrow No: 09290368-918-GKD Title No; 00044103 Space above this line for Recorder's use INTERSP°DUSAL INDIVIDUAL GRANT DEED Individual Grant Deed (Excluded from Reappraisal Under Proposition 13) THE UNDERSIGNED GRANTOR(s) DECLARE(s) Documentary Transfer Tax Is $ Q,QQ THERE IS NO CONSIDERATION FOR THIS TRANSFER. This Is an INTERSPOUSAL TRANSFER and not a change In ownership under Sec. 63 of the Revenue and Taxation Code and Grantor(s) has(have) checked the applicable exclusion from appraisal: O A transfer to a trustee for the beneficial use of a spouse, or the surviving spouse of a deceased transferor, or by a trustee of such a trust to the spouse of the trustor M A transfer to a spouse or former spouse in connection with a property settlement agreement or decree of dissolution of marriage or legal separation, or X A creation, transfer, or termination, solely between spouses, of any co-owners Interest. "The conveyance establishes sole and separate property of a spouse R &T 11911.0 GRANTOR(S): Janice Maag, a spouse of Grantee named herein. hereby GRANT(S) to James R. Maag, a Married Man as his sole and separate property "It Is the express intent of the Grantori being the spouse of the Grantee, to relinquish any and all right, title and interest of the Grantor, Community or otherwise, in and to the herein described property to the grantee as his sole and separate property. the following real property in the City of Huntington Beach, County of Orange, State of California: Please see Exhibit"A"attached hereto and made a part hereof. Commonly known as: 110-152-01 Vacant Land, Huntington Beach, CA Dated; February 20 2014 Ja ce Maag STATE OF CAIAFORNIA s: COUNTY OF On �� I! ' D/� before me, a Notary Public, personally �t �} (h re insert name a title of the officer) appeared c1 �1�f C F /A who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by hls/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Calif ' ram„ r e and correct, SANDRA L. MCGRAW Commission #1901074 WITNESS my hand and official seal. i -a Notary Public-Cailfornla z '� Orange County = My Comm.Ex Tres Sep 19, 1 : SigriatU gdljjd (This area for notary stamp) MAIL TAX STATEMENTS AS DIRECTED ABOVE RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: 3ames R. Maag 3�iq i M pcliz 5+ *V3 SC'rN 3 4an C'ofTS M-v-7, A. g2 d11S' APN: 110-152-01 Escrow No: 09290368-918-GKD Title No: 00044103 Space above this line for Recorder's use INTERSaPOUSiAL. INDIVIDUAL GRANT DEED Individual Grant Deed (Excluded from Reappraisal Under Proposition 13) THE UNDERSIGNED GRANTOR(s) DECLARE(s) Documentary Transfer Tax is $ 0.00 THERE IS NO CONSIDERATION FOR THIS TRANSFER. This is an INTERSPOUSAL TRANSFER and not a change in ownership under Sec. 53 of the Revenue and Taxation Code and Grantor(s) has (have) checked the applicable exclusion from appraisal: 0 A transfer to a trustee for the beneficial use of a spouse, or the surviving spouse of a deceased transferor, or by a trustee of such a trust to the spouse of the trustor Ci A transfer to a spouse or former spouse in connection with a property settlement agreement or decree of dissolution of marriage or legal separation, or X A creation, transfer, or termination, solely between spouses, of any co-owners interest. "The conveyance establishes sole and separate property of a spouse R&T 11911." GRANTOR(S): Janice Maag, a spouse of Grantee named herein, hereby GRANT(S) to James R. Maag, a Married flan as his sole and separate property "It is the express intent of the Grantor, being the spouse of the Grantee, to relinquish any and all right, title and interest of the Grantor, Community or otherwise, in and to the herein described property to the grantee as his sole and separate property." the following real property in the City of Huntington Beach, County of Orange, State of California: Please see Exhibit"A"attached hereto and made a part hereof. Commonly known as: 110-152-01 Vacant Land, Huntington Beach, CA Dated: February 20, 2014 ]a race Maag STATE OF CALIFORNIA COUNTY OF 01(myi" ss: On o�/ ��1s 7/7 before me, iit� if /i /�/�/ , a Notary Public, personally appeared c.J RAJI CE MqA& (here insert name aiid-title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Calif r h 's t ue and correct. SANDRA L. MCGRAW Commission# 1901074 WITNESS my hand and official seal. a .� Z ; `�_ :)� Notary Public-California Z ' Orange County My Comm.Expires Sep 19, M i Signatu (This area for notary stamp) MAIL TAX STATEMENTS AS DIRECTED ABOVE PRELIMINARY REPORT Fidelity National Title Company YOUR REFERENCE: ORDERNO.: 00044103-997-OCI-DT EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF I-IUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: LOT 24 OF TRACT NO. 32, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 9 PAGE 31, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. APN: 110-1.52-01 CLTA Preliminary Report Fonn—Modified(11/17/06) Page 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 :�-;:'�Y'��'Y.•f�<J(X'�Y'��..cC�:�^.N>.n��'�.c=,Cr^�Y'�'.c��'.c;�.�:C�:.c;:�;.:.cC'�;^�=.GAY'.c�.�'.ci�..-;...r. ^.c��,c�.e�`,c�,r-�C..-�,'.`.^C�:c-.�:�':c� S a State of California County of // i On `,W�V/V before me, ,61 4f �i Date M Here InsertN e and Titie of the Officer personally appeared /!/•�� <� Name(s)of Signer(s) who proved to me on the basis of satisfactory fievidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged fi to me that he/she/they executed the same in ; r his/her/their authorized capacity(ies), and that by ; his/her/their signature(s) on the instrument the F person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SANDRA t.. MCGRAW Commission# 1901074 c I certify under PENALTY OF PERJURY under the Notary Public-California Y S Al z ` Orange county laws of the State of California that the foregoing S 2 My Comm.Expires Sep 19, 2014, x paragraph is true and correct. :s a I WITNESS my hand and official seal. Signature: i /� 44 �., Place Notary Seal Above g '�-� Signa ure of Notary Public OPTIONAL i Though the information below is not required by law, it may prove valu le to persons relying on the document fiand could prevent fraudulent removal and reattachment of this form to another document. fi Description of Attached Document _ Title or Type of Document: �/y1 �l✓Y �' fiDocument Date: 2 20 .20l u Number of Pages: 1 ♦T 1 "> Signer(s) Other Than Named Above: — Capacity(ies) C6// ee9 by Si ner(s� Signer's Name: !A1,V/LPJ 7,6e ' Signer's Name: Cprporate Officer — Title(s): a Corporate Officer — Title(s): Individual ❑ Individual r _ Partner— ❑Limited 1 I General Top of thumb here El Partner — ❑ Limited ❑General Top of thumb here Attorney in Fact I I Attorney in Fact ❑ Trustee I I Trustee Cl! Guardian or Conservator ❑Guardian or Conservator Other: ❑ Other: r Signer Is Representing: Signer Is Representing: Cc ��:�:�Jr%:��J�::-ti�%::r%:.�v�=.-�-:X=c:��`"sl.'.�_--...✓:.✓.:�:v,Jc:�,�.:v:,;�t:�%G':'_:;�:C�%.'�"%✓.:`%:;".=::��%::�:=%:?u)=%;:-%G�:�%C�:�%G�%C:✓.:�>L= 2010 National Notary Association-NationalNotary.org-1-800-US NOTARY(1-800-876-6827) Item#5907 Recorded in Official Records,Orange County FIDELITY40 UPI,LE Hugh Nguyen,Clerk-Recorder CMANGEtbATY BI 9 119 �E �� II I oel I S 106 I ��� NO FEE * $ R 0 0 0 b 2 1 2 4 4 5 $ RECORDING REQUESTED BY 2013000551013 3:49 pm 09/24113 Fidelity National Title 93 406 G02 3 WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 City of Huntington Beach, A California municipal corporation City Cry 2000 Plain Street Huntington Reach, CA 92648 APN: 110-183-19 16( 0191101! ✓ Escrow No: 09290081-918-GICJDC `�r Title No: 4420+� Space above this line for Recorder's use GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS The undersigned declares that this document is recorded fo and for the benefit of City of Huntington Beach and Is therefore exempt from the paymment of the recording fee pursuant to Government Ocde Section E103 and from the payment of the documentary transfer tax pursuant to to revenue and taxation code section 19922. City of Huntington Beach , AND FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, James R. Maag, a Married Man as His Sole and Separate Property hereby GRANT(S)to City of Huntington Beach, A California municipal corporation the following described real property In the City of Huntington Beach County of Orange, State of California: Please See Exhibit W attached hereto and made a part hereof. Commonly known as: APN 110-183-19, Huntington Beach, CA Dated: September 1 . 2013 STATE OF CALIFORNIA '� CO,WNTY OF v t ss' )arse Maag On 9 / a ! , before me, ' a Notary Public, (here Insert name and title of the officer) personally appeared .fie-,4= e_S Frr. Ael g2 e-- _ ANDREW DIMARIA who proved to me on the basis of satisfactory evidence to t�T3 COMM 1�5666$ be the person(-whose name() is/are subscribed to the NOTARY PUBLIC-CAUFOANIA -i within instrument and acknowledged to me that he/ m ORANGECOUNTY li7 51;o� executed the same in his/F is authorized My Term Eqs.Oct.28,20t3 capacity(isq), and that by his/4&q4UwW signatureW on the instrument the person(-}, or the entity upon behalf of which the personM acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 01 (This area for rotary stamp) MAIL TAX STATEMENTS AS DIRECTED ABOVE APPROM AS TO FORM JENNIFER Fkk Q EY4 n6asla a�;�oa.[pie..moa®ma FIDELl Y 1 AMONALTITLE ORANGE Cf)l1NTY RECORDING REQUESTED BY Fidelity National Title WHEN RECORDED.MAIL THIS DOCUMENT AND TAX STATEMENTS TO: City of Huntington Beach, A California municipal corporation City ma rCu5v-� 2000 Main Street Huntington Beach, CA 92648 APN: 110-183-19 Escrow No: 09290081-918-GKD Title No: 4410Y Space above this line for Recorder's use GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS The undersigned declares that this document is recorded fo and for the benefit of City of Huntington Beach and is therefore exempt from the paynment of the recording fee pursuant to Government Ocde Section 6103 and from the payment of the documentary transfer tax pursuant to to revenue and taxation code section 19922. City of Huntington Beach,AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, James R. Maag, a Married Man as His Sole and Separate Property hereby GRANT(S) to City of Huntington Beach, A California municipal corporation the following described real property in the City of Huntington Beach County of Orange, State of California: Please See Exhibit"A"attached hereto and made a part hereof. Commonly known as: APN 110-183-19, Huntington Beach, CA Dated: September 13, 2013 STATE OF CALIFORNIA COUNTY OF }ss: Jame M a a g y i�h E'{ On 1- - i-3 before me, .A -1 e7 r%-U , a Notary Public, (here insert name and title of the officer) personally appeared �c9e" e-S iE'. NI s ••� Ah4DREW DtMAR1A m who proved to me on the basis of satisfactory evidence to m COMM...1866668 be the person(-s-)r whose name(R) is/are subscribed to the NOTARY PUBLIC-CALIFORNIA within instrument and acknowledged to me that he/ m ORANGE COUNTY s @/t;@* executed the same in his/iarLthae r- authorized My Term Exp.Oct,28,2013 capacity(ies-), and that by signatureW on the instrument the person(es , or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature4�7 (This area for notary stamp) MAIL TAX STATEMENTS AS DIRECTED ABOVE APPROVED AS TO FORM JENNIFER MoCIPATIL City By PwA DAlmohoQ'i�1 u i Anobtam City Attmmq City .of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachea.gov FF'P:;T.,9og;P Office of the City Clerk t ` Joan L. Flynn, City Clerk DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated SEPTEMBER 19, 2013, from JAMES R. MAAG, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: September 19, 2013 CITY OF HUNTINGTON BEACH IT JOAN L. FLYNN, CIVIC CITY CLERK SisTMcOKWs/.M"rtMP�PA ® Waitakere,New Zealand Government Code§27281 procedure#16 LEGAL DESCRIPTION EXHIBIT 'W1 I . I "THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: Lot 29 in Tract no. 8, as per map thereof, recorded in Book 9, page 7 of Miscellaneous Maps, records of Orange County, California. Assessor's Parcel No: 1 10-183-19 I i i I i i i BOE-502-A(P1)REV. 11(07-10) FOR RECORDER'S USE ONLY PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by the transferee (buyer) prior to a transfer of subject property, in accordance with section 480.3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located. Please answer all questions in each section, and sign and complete the certification before filing. This form may be used in all 58 California counties. If a document evidencing a change in ownership is presented to the Recorder for recordation without the concurrent filing of a Preliminary Change of Ownership Report, the Recorder may charge an additional recording fee of twenty dollars($20). NOTICE: The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the County Assessor. Supplemental assessments are not paid by the title or escrow company at close of escrow, and are not included in lender impound accounts. You may be responsible for the current or upcoming property taxes even if you do not receive the tax bill. ESCROW NO.: 09290081-918-GKD TITLE NO.: 44103 SELLER/TRANSFEROR: James R. Maag BUYER/TRANSFEREE: City of Huntington Beach A California municipal corporation ASSESSOR'S PARCEL NUMBER: 110-183-19 and 110-152-01 STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY: Vacant Land Huntington Beach CA LEGAL DESCRIPTION: MAIL PROPERTY TAX INFORMATION TO: —:2 a —h S'r a^Lie 17c.-H-'rri,c i1 �'c�G c_rl7 r �2 (� r BUYER'S DAYTIME TELEPHONE NUMBER: ( ) ❑YES I` NO This property is intended as my principal residence. If YES, please indicate the MO DAY YEAR date of occupancy or intended occupancy. PART 1. TRANSFER INFORMATION Please complete all statements, YES NO ❑ A. This transfer is solely between spouses(addition or removal of spouse, death of spouse,divorce settlement, etc.). ❑ B. This transfer is solely between domestic partners currently registered with the California Secretary of State(addition orremoval of partner,death of partner, termination settlement,etc.). ❑ I * C. This is a transfer between: ❑ parent(s)and child(ren) ❑ grandparent(s)and grandchild(ren). ❑ L * D This transaction is to replace a principal residence by a person 55 years of age or older. Within the same county? ❑YES ❑ NO ❑ * E. This transaction is to replace.a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69.5. Within the same county? ❑YES ❑ NO ❑ 1 F. This transaction is only a correction of the name(s)of the person(s) holding title to the property(e.g.,a name change upon marriage). If YES,please explain: ❑ I G. The recorded document creates,terminates,or reconveys a lender's interest in the property. ❑ H. This transaction is recorded only as a requirement for financing purposes or to create,terminate,or reconvey a security interest M11 (e.g., cosigner). If YES, please explain: ❑ Q I. The recorded document substitutes a trustee of a trust, mortgage,or other similar document. J. This is a transfer of property: ❑ rm 1. to/from a revocable trust that may be revoked by the transferor and is for the benefit of ❑the transferor,and/or ❑the transferor's spouse ❑ registered domestic partner. ❑ ,I 2. to/from a trust that may be revoked by the creator/grantor/trustor who is also a joint tenant,and which names the other joint tenant(s)as beneficiaries when the creator/grantor/trustor dies. ❑ 3. to/from an irrevocable trust for the benefit of the ❑creator/grantor/trustor and/or ❑grantor's/trustor's spouse ❑grantor's/trustor's registered domestic partner. ❑ 4. to/from an irrevocable trust from which the property reverts to the creator/grantor/trustor within 12 years. ❑ Rf K. This property is subject to a lease with a remaining lease term of 35 years or more including written options. ❑ L. This is a transfer between parties in which proportional interests of the transferor(s)and transferee(s)in each and every parcel being transferred remain exactly the same after the transfer. ❑ M This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions. ❑ * N. This transfer is to the first purchaser of a new building containing an active solar energy system. * If you checked YES to statements C, D, or E, you may qualify for a property tax reassessment exclusion, which may allow you to maintain your previous tax base. If you checked YES to statement N,you may qualify for a property tax new construction exclusion. A claim form must be filed and all requirements met in order to obtain any of these exclusions. Contact the Assessor for claim forms. Please provide any other information that will help the Assessor understand the nature of the transfer. THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION (pcor)(10-03)(Rev.10-10), BOE-502-A(P2)REV.11(07-10) PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable. A. Date of transfer, if other than recording date: B. Type of transfer: Purchase ❑ Foreclosure ❑Gift ❑Trade or exchange ❑ Merger,stock,or partnership acquisition(Form BOE-100-B) ❑ Contract of sale. Date of contract: _Inheritance. Date of death: ❑ Sale/leaseback ❑ Creation of a lease ❑Assignment of a lease ❑Termination of a lease. Date lease began: Original term in years(including written options): Remaining term in years(including written options): ❑ Other. Please explain: C. Only a partial interest in the property was transferred. ❑YES ❑ NO If YES,indicate the percentage transferred: PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. d" A. Total purchase or acquisition price. Do not include closing costs or mortgage insurance. $ j o_ Down payment: $ Interest rate: % Seller-paid points or closing costs: $ / cfr, Balloon payment: $ ❑ Loan carried by seller ❑ Assumption of Contractual Assessment*with a remaining balance of: $ *An assessment usedto finance property-specific improvements that constitutes a lien against the real property. B. The property was purchased: ❑Through real estate broker. Broker name: Phone number: ( ) ❑ Direct from seller ❑ From a family member ❑ Other. Please explain: C. Please explain any special terms, seller concessions,financing,and any other information(e.g., buyer assumed the existing loan balance)that would assist the Assessor in the valuation of your property. PART 4. PROPERTY INFORMATION Check and complete as applicable. A. Type of property transferred ❑ Single-family residence ❑ Co-op/Own-your-own ❑ Manufactured home ❑ Multiple-family residence. Number of units: ❑ Condominium Z;!�Unimproved lot ❑ Other. Description: (i.e.,timber, mineral,water rights,etc.) ❑ Timeshare ❑ Commercial/Industrial B. ❑YES �NO Personal/business property,or incentives, are included in the purchase price. Examples are furniture,farm equipment, machinery,club memberships,etc. Attach list if available. If YES,enter the value If the personal/business property: $ C. ❑YES 9 NO A manufactured home is included in the purchase price. If YES,enter the value attributed to the manufactured home: $ ❑YES ❑NO The manufactured home is subject to local property tax. If NO,enter decal number: D. ❑YES XNO The property produces rental or other income. If YES,the income is from: ❑ Lease/rent ❑Contract ❑ Mineral rights ❑Other: E. The condition of the property at the time of sale was: ❑Good ❑Average ❑ Fair ❑ Poor CERTIFICATION I certify(or declare),underpena/ty ofpegury under the laws of the State of California that the Foregoing and all information hereon,including any accompanying s is or documents,is true and correct to the best of my knowledge and belief. This declaration is binding on each and eve bu e� wee. SIGNATURE OF REE OR CORPORATE OFFICER OATE E OF BUY FEREE/LEGAL REPRESENTATIVE/CORPORATE OFFICER(PLEASE PRINT) TITLE DP JCiW FYI 7a/ t E-MAIL A15DRESS The Assessor's office may contact you for additional information regarding this transaction. (pcor)(10-03)(Rev.10-10) d� 1 �� *' Dept. ID ED 13-21 Page 1 of 2 Meeting Date:8/5/2013 ,�00 ,jodam 7 -0 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/5/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Fred A. Wilson, City Manager Janeen Laudenback, Acting Director of Community Services SUBJECT: Approve Agreement for Acquisition and Escrow Instructions for the Purchase of Two Encyclopedia Parcels (APNs 110-183-19 and 110-152-01) located on the north side of Ellis Avenue between Edwards and Goldenwest Streets Statement of Issue: City Council is asked to approve an agreement in the amount of $20,000, along with escrow fees not to exceed $2,000, with James Maag for the purchase of two encyclopedia parcels (APNs 110-183-19 and 110-152-01) on the north side of Ellis Avenue between Edwards Street and Goldenwest Street. Financial Impact: Funds not to exceed $22,000 are budgeted in the Park Acquisition and Development Fund Land Purchase Account 20945101.81000 Recommended Action: A) Approve the Agreement for Acquisition and Escrow Instructions; and B) Authorize the Mayor and City Clerk to execute the agreement and other related documents; and, C) Authorize the City Manager to execute any other related escrow documents. Alternative Action(s): Do not approve the Agreement and direct staff accordingly. Analysis: There are 305 encyclopedia parcels in the designated Huntington Central Park area north of Ellis Avenue, between Goldenwest Street and Edwards Street. The City has acquired all but 44 parcels within the last 20 years. The parcels are being acquired as the owners come forward offering to sell to the City or by way of tax sales. Purchases are also made based on availability of City funding for further acquisitions through the Park Acquisition and Development Fund. The City Council approved $75,000 of funding for the purchase of Central Park encyclopedia parcels in the FY 2012/13 budget. In 2008, the City tried to purchase the two lots for $37,000, but the Seller was unwilling to accept the City contract indemnification language. The Seller has agreed to sell both parcels for $20,000 (46% below the 2008 offer price) in return for the removal of the of the City's indemnity clause from the Agreement. The removal of the indemnity clause would relieve the Seller from indemnifying the xB -3 1 3- Item 13. - 1 Dept. ID ED 13-21 Page 2 of 2 Meeting Date:8/5/2013 City from any future .environmental liabilities. Given the City owns the majority of the surrounding parcels and the property is not intended for development, the removal of the indemnity clause poses minimal risk to the City. Staff recommends approval of the proposed purchase agreement in support of the City's goal to have full ownership and control of this section of Central Park. Environmental Status: Not applicable. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Agreement for Acquisition and Escrow Instructions 2. Site Map of Encyclopedia Lots Item 13. - 2 HB -3 14- ATTACHMENT # 1 AGREEMENT FOR ACQUISITION AND ESCROW INSTRUCTIONS This AGREEMENT FOR ACQUISITION AND ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of this ,'5 "* day of T 2013, and constitutes an agreement by which James Maag ("Seller") agrees to sell, and the CITY OF HUNTINGTON BEACH, a California municipal corporation("Buyer"), agrees to purchase on the terms and conditions hereinafter set forth: That certain real property described in Exhibit "A" attached hereto, bearing Orange County Assessor's Parcel Numbers 110-183-19 and 110-152-01 ("Property"). The terms and conditions of this Agreement •and the instructions to Lawyers Title Company ("Escrow Holder") with regard to the escrow("Escrow") created pursuant hereto are as follows: 1. Purchase and Sale. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon the terms and conditions herein set forth: 2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be TWENTY THOUSAND DOLLARS ($20,000). This sum shall be full payment for the Property and for all damages of every kind and nature, including, but not limited to,pre-condemnation damages, loss of rental income and severance damages suffered, any and all claims suffered, or to be suffered, by reason of the acquisition of the Property. 3. Acknowledgment of Full Benefits and Release. a. By execution of this Agreement, Seller, on behalf of himself and his successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any and all claims for damages, relocation assistance benefits, severance damages, interest, loss of goodwill, claims for inverse condemnation or unreasonable pre-condemnation conduct, or any other compensation or benefits, other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities or benefits of any type or nature whatsoever relating to or in connection with Buyer's acquisition of the Property. b. This Agreement arose out of Buyer's efforts to acquire the Property on a voluntary basis. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes any and all fixtures and equipment, goodwill (if any) and severance. Seller, on behalf of himself and his successors and assigns, hereby fully releases Buyer, its successors, agents, representatives, and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained, s Initial Buyer's Initi -I 13-3911/99535 1 or may be sustained, as a result of Buyer's efforts to acquire the Property or to construct works of improvement thereon, or any preliminary steps thereto. Seller further releases and agrees to hold Buyer harmless from any and all claims by reason of any leasehold interest in the Property. This release shall survive the Close of Escrow. C. The parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the State of California are hereby waived. Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release,which if known by him/her must have materially affected his/her settlement with the debtor." Notwithstanding the provisions of Civil Code Section 1542, Seller hereby irrevocably and unconditionally releases and forever discharges the Buyer and each and all of its officers, agents, directors, supervisors, employees, representatives, and its successors and assigns and all persons acting by,through, under, or in concert with the Buyer from any and all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims") which Seller at any time heretofore had or claimed to have or which Seller at any time hereafter may have or claim to have, including,without limitation, any and all claims related or in any manner incidental to this transaction. I HAVE READ AND UNDERSTOOD PARAGRAPH 3 Acknowledgment of Full Benefits and Release. Seller's Initials 4. Payment of Purchase Price. The Purchase Price for the Property shall be payable by Buyer as follows: Upon the Close of Escrow, Buyer shall deposit or cause to be deposited with Escrow Holder, in cash or by a certified or bank cashier's check made payable to Escrow Holderor a confirmed wire transfer of funds,the Purchase Price plus or minus Escrow Holder's estimate of Buyer's closing costs, prorations and charges payable pursuant to this Agreement. All escrow, recording and title insurance costs to be paid by Buyer. 5. Escrow. a. Opening of Escrow. For purposes of this Agreement, the Escrow shall be deemed opened on the date Escrow Holder shall have received an executed counterpart of this Agreement from both Buyer and Seller("Opening Date"). Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened and the Closing Date, as defined in Paragraph S(b), below. In addition, Buyer and Seller agree to execute, deliver, and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may reasonably be required by ff s Initials Buyer's Initidis 13-3811/98535 2 Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, amend, or supersede any portion of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement,this Agreement shall control. b. Close of Escrow. For purposes of this Agreement, "Close of Escrow" shall be defined as the date that the Grant Deed, conveying the Property to Buyer, is recorded in the Official Records of Orange County, California. This Escrow shall close within sixty (60) days of the Opening Date ("Closing Date"). 6. Conditions of Title. It shall be a condition to the Close of Escrow and a covenant of Seller that title to the Property shall be conveyed to Buyer by Seller by the Grant Deed, subject only to the following Approved Conditions of Title ("Approved Condition of Title"): a. A lien to secure payment of real estate taxes, not delinquent. b. The lien of supplemental taxes assessed pursuant to Chapter 3.5, commencing with Section 75 of the California Revenue and Taxation Code ("Code"), but only to the extent that such supplemental taxes are attributable to the transaction contemplated by this Agreement. Seller shall be responsible for, and hereby indemnifies Buyer and the Property against, any supplemental taxes assessed pursuant to the Code,to the extent that such taxes relate to events (including, without limitation, any changes in ownership and/or new construction) occurring prior to the Close of Escrow. C. Matters affecting the Approved Condition of Title created by or with the written consent of Buyer. d. Exceptions which are disclosed by the Report described in Paragraph 8a(l) hereof and which are approved or deemed approved by Buyer in accordance with Paragraph 8a(1) hereof. Seller covenants and agrees that during the term of this Escrow, Seller will not cause or permit title to the Property to differ from the Approved Condition of Title described in this Paragraph 6. Any liens, encumbrances, easements, restrictions, conditions, covenants, rights, rights-of-way, or other matters affecting the Approved Condition of Title which may appear of record or be revealed after the date of the Report described in Paragraph 8a(l) below, shall also be subject to Buyer's approval and must be eliminated or ameliorated to Buyer's satisfaction by Seller prior to the Close of Escrow as a condition to the Close of Escrow for Buyer's benefit. Buyer hereby objects to all liens evidencing monetary encumbrances affecting the Property other than liens for non- delinquent property taxes) and Seller agrees to cause all such liens to be eliminated at Seller's sole cost and expense prior to the Closing ate. 7. Title Policy. Title shall be evidenced by the willingness of the Title Company to issue its CLTA Standard Form Policy or Binder of Title Insurance ("Title rs Initials 13 er's Init ,s 13-3811/98535 3 �// Policy") in the amount of the Purchase Price showing title to the Property vested in Buyer subject only to the Approved Condition of Title. 8. Conditions to Close of Escrow. a. Conditions to Buyer's Obligations. The Close of Escrow and Buyer's obligation to consummate the transaction contemplated by this Agreement are subject to the satisfaction of the following conditions for Buyer's benefit on or prior to the dates designated below for the satisfaction of such conditions: (1) Preliminary Title Report and Exceptions. Immediately after escrow is opened as provided herein, City agrees to cause Fidelity National Title Company to issue a Preliminary Title Report relating to the Property. Within fifteen(15) days after escrow has been opened, the City will cause Lawyers Title Company to issue an Amendment to Escrow Instructions, which indicates those title exceptions that the City will accept. Seller will have ten(10) days after receipt of such amendment to review and approve it. In the event of non-approval, escrow will fail and each party will instruct Lawyers Title Company to cancel the escrow. (2) Representations, Warranties, and Covenants of Seller. Seller shall have duly performed each and every agreement to be performed by Seller hereunder and Seller's representations, warranties, and covenants set forth in Paragraph 14 shall be true and correct as of the Closing Date. (3) No Material Changes. At the Closing Date, there shall have been no material adverse changes in the physical or financial condition of the Property and there shall have been no material adverse change in the financial condition of Seller or any general partners of Seller. (4) Inspections and Studies. On or before thirty (30) days after Opening Date ("Due Diligence Period"), Buyer shall have approved the results of any and all inspections, investigations, tests and studies (including, without limitation, investigations with regard to governmental regulations, engineering tests, soil and structure investigation and analysis, seismic and geologic reports) with respect to the Property (including all structural and mechanical systems and leased areas) as Buyer may elect to make or obtain. The failure of Buyer to disapprove said results on or prior to the expiration of the Due Diligence Period shall be deemed to constitute Buyer's approval of the results. The cost of any such inspections,tests and studies shall be borne by Buyer. During the term of this Escrow, Buyer, its agents, contractors and subcontractors shall have the right to enter upon the Property, at reasonable times during ordinary business hours, to make any and all inspections and tests as may be necessary or desirable in Buyer's sole judgment and discretion. Buyer shall use care and consideration in connection with any of its inspections. Buyer shall indemnify and hold Seller and the Property harmless from any and all damage arising out of, or resulting from the negligence of Buyer, its agents, contractors and/or subcontractors in connection with such %.X / -14 e e s Initials Bts Init' 13-3811/98535 4 entry and/or activities upon the Property. Buyer will provide Seller, upon request, at no cost, copies of any Buyer's investigation reports obtained by the Buyer, if any. (5) Council Approval. The completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer by action of the Buyer's City Council. (6) The property is sold in its present condition as of the date of acceptance Subject to the Buyer's investigation rights. b. Conditions to Seller's Obli ag tion. For the benefit of Seller, the Close of Escrow shall be conditioned upon the occurrence and/or satisfaction of each of the following conditions (or Seller's waiver thereof, it being agreed that Seller may waive any or all of such conditions): (1) Buyer's Obli ate. Buyer shall have timely performed all of the obligations required by the terms of this Agreement to be performed by Buyer, and (2) Buyer's Representations. All representations and warranties made by Buyer to Seller in this Agreement shall be true and correct as of the Close of Escrow. 9. Deposits by Seller. At least one (1) business day prior to the Close of Escrow, Seller shall deposit or cause to be deposited with Escrow Holder the following documents and instruments: a. Seller's Certificate Federal. A Certificate of Nonforeign Status (Seller's Certificate), duly executed by Seller in the form attached hereto as Exhibit "C." b. California Withholding xemption Certificate. A California Withholding Exemption Certificate (or in the event the Seller is a non-California resident, a certificate issued by the California Franchise Tax Board)pursuant to the Revenue and Taxation Code Sections 18805 and 26131, as may be amended, stating either the dollar amount of withholding required from Seller's proceeds or that Seller is exempt from such withholding requirement. C. Grant Deed. The Grant Deed conveying the Property to Buyer duly executed by Seller, acknowledged and in recordable form. 10. Deposits by Bum. Buyer shall deposit, or cause to be deposited with Escrow Holder, the funds which are to be applied toward the payment of the Purchase Price in the amounts and at the times designated in Paragraph 4 above (as reduced or increased by the prorations, debits and credits hereinafter provided). e is Initials B_uyer's Initial 13-3811/98535 5 11. Costs and Expenses. The cost and expense of the Title Policy attributable to CLTA coverage shall be paid by Buyer. The escrow fee of Escrow Holder shall be paid by Buyer. Buyer shall pay all documentary transfer taxes, if any,payable in connection with the recordation of the Grant Deed. The amount of such transfer taxes shall not be posted on the Grant Deed, but shall be supplied by separate affidavit. Buyer shall pay the Escrow Holder's customary charges to Buyer and Seller for document drafting, recording, and miscellaneous charges. If, as a result of no fault of Buyer or Seller, Escrow fails to close, Buyer shall pay all of Escrow Holder' s fees and charges. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedure Section 1265.240. 12. Prorations. The following prorations shall be made between Seller and Buyer on the Closing Date, computed as of the Closing Date: a. Taxes. Real and personal property taxes and assessments on the Property shall be prorated on the basis that Seller is responsible for(i) all such taxes for the fiscal year of the applicable taxing authorities occurring prior to the "Current Tax Period," and(ii) that portion of such taxes for the Current Tax Period determined on the basis of the number of days which have elapsed from the first day of the Current Tax Period to the Closing Date, inclusive, whether or not the same shall be payable prior to the Closing Date. The phrase "Current Tax Period"refers to the fiscal year of the applicable taxing authority in which the Closing Date occurs. In the event that as of the Closing Date the actual tax bills for the year or years in question are not available, and the amount of taxes to be prorated as aforesaid cannot be ascertained, then rates and assessed valuation of the previous year, with known changes, shall be used, and when the actual amount of taxes and assessments for the year or years in question shall be determinable, then such taxes and assessments will be reprorated between the parties to reflect the actual amount of such taxes and assessments. b. No Rental Pro-rations. Pursuant to Paragraph 22(n) Seller warrants that there are no tenants or written or oral leases on all or any portion of the Property and the Escrow Holder is hereby instructed not to perform any rental pro-rations at the Close of Escrow. 13. Disbursements and Other Actions by Escrow Holder. Upon the Close of Escrow, the Escrow holder shall promptly undertake all of the following in the manner indicated: a. Prorations. Prorate all matters referenced herein, based upon the statement delivered into Escrow signed by the parties. b. Recordinsz. Cause the Grant Deed and any other documents, which the parties hereto may mutually direct, to be recorded in the Official Records of Orange County, California, in the order set forth in this subparagraph. Escrow Holder is instructed not to affix the amount of documentary transfer tax on the face of the Deed, but to supply same by separate affidavit. er Initials Buy is ll i Is 13-3811/98535 6 C. Funds. Disburse from funds deposited by Buyer with Escrow Holder toward payment of all items chargeable to the account of Buyer, pursuant thereto in payment of such costs, and disburse the balance of such funds, if any,to Buyer. d. Documents to Buy. Deliver the Seller's Certificate and Bill of Sale, executed by Seller, and, when issued, the Title Policy to Buyer. e. Pay demands of existing lienholders. Escrow Holder is hereby authorized and instructed to cause the reconveyance, or partial reconveyance, as the case may be, of any such monetary exceptions to Buyer's title to the Property at or prior to the Close of Escrow. 14. Seller's Representations and Warranties. In consideration of Buyer entering into this Agreement, and as an inducement to Buyer to purchase the Property, Seller makes the following representations and warranties, each of which is material and is being relied upon by Buyer(and the continued truth and accuracy of which shall constitute a condition precedent to Buyer's obligations hereunder): a. Authorization: This Agreement has been duly and validly authorized, executed and delivered by Seller, and no other action is requisite to the execution and delivery of this Agreement by Seller. b. Threatened Actions. There are no actions, suits or proceedings pending against, or,to the best of Seller's knowledge,threatened or affecting the Property in law or equity. C. Third Party Consents. No consents or waivers of, or by, any third party are necessary to permit the consummation by Seller of the transactions contemplated pursuant to this Agreement. d. No Violation of Law. To the best of Seller's knowledge,there is no violation of law or governmental regulation by Seller with respect to the Property. e. Condemnation. There is no pending, or, to the best of Seller's knowledge, threatened proceedings in eminent domain or otherwise, which would affect the Property or any portion thereof. f. Compliance with Law. To the best of Seller's knowledge, all laws, ordinances, rules, and requirements and regulations of any governmental agency, body, or subdivision thereof bearing on the Property have been complied with by Seller. g. Agreements. There are no agreements (whether oral or written) affecting or relating to the right of any party with respect to the possession of the Property, or any portion thereof, which are obligations which will affect the Property, or any portion thereof subsequent to the recordation of the Grant Deed, except as may be el Initials Buyer's Inr iti 13-3811/98535 7 reflected in the Condition of Title, which shall have been approved by Buyer pursuant to the terms of this Agreement. h. Documents. To the best of Seller's knowledge, all documents delivered to Buyer and Escrow Holder pursuant to this Agreement are true and correct copies of originals, and any and all information supplied to Buyer by Seller is true and accurate. i. Licensed Permits. To the best of Seller's knowledge, Seller has acquired all licenses,permits, easements, rights-of-way, including without limitation, all building and occupancy permits from any governmental authority having jurisdiction. j. Hazardous Substances. Except as revealed by Seller to Buyer herein, Seller has no actual knowledge that there are hazardous substances (as defined below) in existence on or below the surface of the Property, including without limitation, contamination of the soil, subsoil or groundwater, which constitutes a violation of any law, rule, or regulation of any governmental entity having jurisdiction thereof, or which exposes Buyer to liability to third parties. Seller has not used the Property, or any portion thereof, for the production, disposal, or storage of any hazardous substances, and Seller has no actual knowledge that there has been such prior use of the Property, or any portion thereof, or that there has been any proceeding or inquiry by any governmental authority with respect to the presence of such hazardous substances on the Property or any portion thereof. Without limiting the other provisions of this Agreement, Seller shall cooperate with Buyer's investigation of matters relating to the foregoing provisions of this paragraph, and provide access to, and copies of, any data and/or documents dealing with potentially hazardous substances used at the Property and any disposal practices followed. Seller agrees that Buyer may, with Seller's prior approval, make inquiries of governmental agencies regarding such matters, without liability to Seller for the outcome of such discussions. For purposes of this Agreement, the term "hazardous substances" means: (i) any substance, product, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environment Response, Compensation and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Hazardous Material Transportation Conservation and Recovery Act,42 United States Code Section 1801 et seq.; the Resources Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the California Hazardous Substance Account Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq. (Underground Storage or Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter- Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended (the above-cited California state statutes are hereinafter collectively referred to as "the ,�-\ VQ 744 lo,(,�-) //-4- S nitials Bu is in i 13-3811/98535 8 State Toxic Substances Laws") or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous or toxic substance hereafter in effect; (ii) any substance, product, waste, or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (iii)petroleum or crude oil other than petroleum and petroleum products which are contained within regularly operated motor vehicles; and(iv) asbestos. k. Reserved. 1. Pollutants. No pollutants or waste materials from the Property have ever been discharged by Seller into any body of water, and Seller has no actual knowledge of any such pollution emission by any other person or entity. in. Waste Disposal. No portion of the Property has ever been used by Seller as a waste storage or disposal site, and Seller is not aware of any such prior uses. n. No Notices. Seller has received no written notice of any change contemplated in any applicable laws, ordinances or restrictions, or any judicial or administrative action, or any action by adjacent landowners, or natural or artificial conditions upon the Property which would prevent, impede, limit, or render more costly Buyer's contemplated use of the Property. 15. Buyer's Representations and Warranties. In consideration of Seller entering into this Agreement, and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations and warranties, each of which is material and is being relied upon by Seller(the continued truth and accuracy of which shall constitute a condition precedent to Seller's obligations hereunder): a. This Agreement and all documents executed by Buyer under this Agreement which are to be delivered to Seller are, or at the time of Close of Escrow will be, duly authorized, executed, and delivered by Buyer, and are, or at the Close of Escrow will be legal, valid, and binding obligations of Buyer, and do not, and at the Close of Escrow will not violate any provisions of any agreement or judicial order to which Buyer is a party or to which it is subject. b. The representations and warranties of Buyer set forth in this Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were made on and as of such time. 16. Damage or Condemnation Prior to Closing. Seller shall promptly notify Buyer of any knowledge by Seller of casualty to the Property or any condemnation proceeding commenced prior to the Close of Escrow. If any such damage or proceeding �79 tials Buyer's IN`13-3811/98535 sni relates to, or may result in, the loss of any material portion of the Property, Seller or Buyer may, at their option, elect either to: a. terminate this Agreement, in which event all funds deposited into Escrow by Buyer shall be returned to Buyer and neither party shall have any further rights or obligations hereunder, or b. continue the Agreement in effect, in which event upon the Close of Escrow Buyer shall be entitled to any compensation, awards, or other payments or relief resulting from such casualty or condemnation proceeding. 17. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested,telegraphed, delivered, or sent by telex, telecopy, or cable, and shall be deemed received upon the earlier of(a) if personally delivered,the date of delivery to the address of the person to receive such notice, (b) if mailed, four business days after the date of posting by the United States post office, (c) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (d) if given by telex or facsimile, when sent. Any notice, request, demand, direction, or other communication sent by cable, telex, or facsimile must be confirmed within 48 hours by letter mailed or delivered in accordance with the foregoing. The Buyer's mailing address is: City of Huntington Beach Attn: City Manager 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 The Seller's mailing address is: James Maag 32371 Alipaz Street#83 San Juan Capistrano, CA 92675 Notice of change of address shall be given by written notice in the manner detailed in this paragraph. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request, or communication sent. 18. Legal Fees. In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. r Initials Buyer's Init' I 13-3811/98535 10 19. Assignment. Seller may not assign, transfer or convey its rights or obligations under this Agreement without the prior written consent of Buyer, and then only if Seller's assignee assumes in writing all of Seller's obligations hereunder; provided, however, Seller shall in no event be released from its obligations hereunder by reason of such assignment. 20. Seller's Indemnification. Seller hereby agree to indemnify, defend and hold harmless Buyer from and against any and all obligations, liabilities, claims, liens, encumbrances, losses, damages, costs and expenses, including without limitation, attorneys' fees, whether direct, contingent, or consequential, incurred by Buyer relating to the Property and arising or accruing from acts, occurrences, or matters that take place on or before the Close of Escrow or resulting from any breach by Seller of his representations, warranties and covenants contained in this Agreement. 21. Brokeraae Commissions. a. Seller represents to Buyer that there has been no broker, real estate agent, finder or similar entity("Broker") engaged in connection with this Agreement or the sale of the Property from the Seller to Buyer, if consummated as contemplated hereby, except Bell Realty Group ("Broker"), who represents the Seller exclusively. Upon close of escrow, Seller agrees to pay compensation to Broker as specified in separated written agreement between Seller and Broker. Seller agrees that should any claim be made for brokerage commissions or finder's fees by any broker, agent, finder or similar entity, by, through or on account of any acts of Seller or his agent, employees or representatives, Seller will indemnify, defend and hold the Buyer free and harmless from and against any and all loss, liability, cost, damage and expense (including attorneys' fees and court costs) in connection therewith. Seller agrees to pay, at his sole cost and expense, when due, any and all brokerage commissions incurred by Seller heretofore or hereafter incurred prior to close of escrow. b. Scope of Broker Duty. Buyer and Seller acknowledge and agree that Broker(i) does not decide what price Seller should accept; (ii) does not guarantee the condition of the property; (iii) shall not be responsible for identifying defects or any other conditions of the property not known to Broker; (iv) shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer and Seller in the course of this representation. Buyer and Seller agree to seek legal, tax, insurance, title, and other desired assistance from appropriate professionals. 22. Miscellaneous. a. Survival of Covenants. The covenants, representations and warranties of both Buyer and Seller set forth in this Agreement shall survive the recordation of the Grant Deed and the Close of Escrow. b. Required Actions of Buyer and Seller. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may e is Initials Buy is Init s 13-3811/98535 11 be required in order to consummate the purchase and sale herein contemplated, and shall use their best efforts to accomplish the Close of Escrow in accordance with the provisions hereof. C. Time of Essence. Time is of the essence of each and every term, condition, obligation, and provision hereof. d. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which,together, shall constitute one and the same instrument. e. Captions. Any captions to, or headings of,the paragraphs or subparagraphs of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. f. No Obligations to Third Parties. Except as otherwise expressly provided herein,the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties hereto,to any person or entity other than the parties hereto. g. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference. h. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. i. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. j. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with the exception of definitions to be construed under Federal laws cited in Paragraph 140). k. Fees and Other Expenses. Except as otherwise provided herein, each of the parties shall pay its own fees and expenses in connection with this Agreement. 1. Entire Agreement. This Agreement supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby. 1 ZVnitials Bu er's Initials 13-3811/98535 12 in. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. n. Leases. Seller warrants that there are no tenants or written or oral leases on all or any portion of the property and Seller further agree to hold Buyer harmless and reimburse Buyer for any and all of its losses and expenses, including relocation assistance costs, occasioned by reason of any lease of said property held by any tenant of Seller. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Seller: Buyer: CITY OF HUNTINGTON BEACH A California municipal corporation e!� Maag " Mayor erk APPROVED AS TO FORM: Cit Attorn (��' S� -11 01 s'z �-1 .\3. � INITI IEWED & APPROVED: C' g r yn ov) X/,7 k s itials BuY er s Initia 13-3811/98535 13 EXHIBIT "A" Legal Description (to be inserted) ,74 Initials Buyer's Initial 13-3811/98535 14 LEGAL DESCRIPTION EXHIBIT "ONE" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,AND IS DESCRIBED As FOLLOWS: Lot 29 in Tract no. 8, as per map thereof, recorded in Book 9, page 7 of Miscellaneous Maps, records of Orange County, California. Assessor's Parcel No: 110-183-19 2 CLTA Preliminary Report Form-Modified(11 J17106S LEGAL DESCRIPTION EXHIBIT "ONE" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Lot 24 of Tract No. 32 as per map thereof recorded in book 9 Page 31 of Miscellaneous Maps, records of Orange County. Assessor's Parcel No: 110-152-01 2 CLTA Preliminary Report Form - Modified 1 1 1 11 7106) ATTAC H M E N T #2 > „ A '1 City-Owned Encyclopedia Lots City of Huntington Beach x� N CAUTION WHEN USING THIS MAP mod• Su t e_ "fit' ,, lezr5i �7�j L` ,ae we•e n:.�•m•".��eon• .t.a�.SS:>� r k �r fini='sty.w �E (= �—L. 7 ,.:.;.3, �..�wm• m,•e„<•ao<. ��d ,�>, .,rY„gz^�;,. r xr�>�`�`,�,�' 3 �?` f, ,�•� �� :- E ��� R a,•,mM�,•a„w,•..,,,a , �a ","?, ��a5n,.r,,,�;.,{"���„g„#s ,�� �w3�ir.,: a i �.;}�'•t, tyx rl �� ,,:,, �,, e, � �: S '}' ,`I�,'�,'_ ��Rs" �?�'E•,', 'F 1�'� i�-$,,,.., �" a £ �;_�$�y , ErF' ' " r� . 0 125 250 500'�. �� ° Feet I ; t .n `;,tE ,.r�„ssr<.r-'`gac,.a;„. '✓1 .<;e T "^ _ ,�' Pending Purchase Parcels(3) �^, t rMINN" ,> ;Na>fin, §! 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