HomeMy WebLinkAboutAuthorize Execution of Bills of Sale for Well 3a, Well 12, a �. CITY OF HUNTINGTON BEACH
j7ZID 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE:
TO: D' e- Gc� �C//5712JeI� ATTENTION: N �/Ce �UiQi4,R1%
Name
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Street
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City,State,Zip '
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See Attached Action Agenda Item L 4 Date of Approval(A D
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
City Clerk
Attachments: Action Agenda Page Agreement Bonds Insurance `
RCA Deed Other
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N
ame,. .t RCA Agreement Insurance Other
7111 LGs L ✓ .i
Nanfe Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
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Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied Lv7 C( y ler s Sig ure
Council Meeting Date: 06/21/04 Department ID Number: PW 04-055
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCI��Lpp
SUBMITTED BY: PENELOPE CULBRETH -GRAFT, City Ad, inls r o
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works,
SUBJECT: Authorize Execution of Bills of Sale with Orange County Water District
for Conjunctive Use Well Program
Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s)
Statement of Issue: LA-) �7yr� �'—ttIJIcC7 �/�L,4-k44',J7--
/O SD E//i s 7,h)
On June 19, 1991, the City entered into an agreement with the Orange County Water District
(OCWD) for the Conjunctive Use Well Program. The City has paid the funds borrowed under
the program in full and to close out the program must now execute and record the Bills of
Sale.
Funding Source: No funding required for this action.
Recommended Action: Motion to:
Approve and authorize the Mayor and City Clerk to execute the Bills of Sale with the Orange
County Water District.
Alternative Action(s):
Do not approve the Bills of Sale and instruct staff on how to proceed.
_i_
C7
J
REQUEST FOR ACTION
MEETING DATE: 06/21/04 DEPARTMENT ID NUMBER: PW 04-055
Analysis: On June 19, 1991, the City entered into an agreement with the Orange County
Water District for the Conjunctive Use Well Program. Under the Program, OCWD provided
funds for the construction of three groundwater wells (Numbers 3A, 12 and 13) for the City
and provided design and construction of the subsurface facilities for each well. Under the
initial terms of the agreement $750,000 per well was loaned to the City at a 3.5% interest rate
for the construction. Through an April 15, 2002 amendment, this amount was increased to
$1,000,000 per well. The amendment established a 20-year repayment schedule to begin
after completion of construction of each well. In 2003, considering the significant decrease in
interest rates, the City elected to repay in full the funds borrowed from OCWD, effectively
closing out the program. The Bills of Sale for each well are the last step in closing out the
program with OCWD.
Environmental Status: Not applicable.
Attachment(sl:
City Clerk's
Page Number No. Description
1 Bill of Sale for Well 3a (2 copies)
2 Bill of Sale for Well 12 (2 copies)
3 Bill of Sale for Well 13 (2 copies)
RCA Author: Ken Dills, extension (375) 5055
GAR C A\2004\04-055 June 21 Dills (OCWD CUW Bills of Sale).doc -2-
6/4/200412:41 PM
ATTACHMENT # 1
BILL OF SALE
THIS BILL OF SALE ("Bill of Sale") is made by and between the Orange County Water
District, a special governmental district created and operating pursuant to Chapter 924 of the
Statutes of 1933, as amended, ("Seller"), and the City of Huntington Beach, a California charter
city ("Buyer'). Buyer and Seller are sometimes herein referenced collectively as the
"parties" and each individually as a "party."
RECITALS
WHEREAS, the parties entered into a certain "Well Construction Program Agreement"
on June 19, 1991 (the "Agreement").
WHEREAS, Section 3.8 of the Agreement requires Seller to tender to Buyer title to the
groundwater production Well No. 3A upon Buyer's full payment of the principal amount of
certain installment payments together with interest accrued, as such payments are more
specifically defined in the Agreement. The well facilities of Well No. 3A, located in the City of
Huntington Beach, County of Orange, State of California, and more particularly located in
Exhibit "A" attached hereto and made a part hereof, include the production well and the
appurtenant facilities used to convey the produced groundwater from the well to the City of
Huntington Beach's water distribution system ("Well Facilities"); and
WHEREAS, in accordance with Section 3.8 of the Agreement, Buyer has received
payment in full from Seller for the Well Facilities costs and the accrued interest of the Well
Facilities.
WHEREAS, Seller now desires to sell and assign to Buyer, and Buyer desires to purchase
and assume from Seller, on the terms and subject to the conditions set forth in this Bill of Sale
and the Agreement, all the Well Facilities;
NOW, THEREFORE, in consideration' of the mutual covenants, representations, warranties,
agreements and the conditions set forth in this Agreement, Buyer and Seller hereby agree as
follows:
1. Recitals: The above Recitals are true and correct and hereby incorporated
into the terms of this Agreement.
2. Transfer of Well Facilities: In consideration of Buyer's payments made
pursuant to Section 3.8 of the Agreement and the other valuable consideration given by Buyer to
Seller, the receipt and sufficiency of which is hereby acknowledged, Seller does hereby sell,
transfer, convey, assign and deliver unto Buyer, its successors and assigns, to have and to hold
for Buyer's own use and enjoyment and for the use and enjoyment of Buyer's successors and
assigns forever, all of Seller's right, title and interest in and to the Well Facilities, as they exist
on the date hereof, free and clear of all liens.
3. As Is — Limited Warranties: Seller represents and warrants to Buyer that Seller
has good and marketable title to the Well Facilities and Seller is conveying the Well Facilities to
1068/022499-0015 �—/ 70
RECORD NO.
475461.02 a04/09/04 r !(/
OCWD DOC.�
1
Buyer free of liens, encumbrances or other claims. Buyer hereby acknowledges, covenants,
represents and warrants that Seller has made absolutely no warranties or representations of any
kind or nature regarding the condition of the Well Facilities and Buyer is purchasing the Well
Facilities "AS IS" with any and all faults. This Bill of Sale shall not be construed as a
representation or warranty by Seller as to the condition of the Well Facilities and Seller shall
have no liability to Buyer in the event that any or all of the Well Facilities are not suitable for
Buyer's intended use or are otherwise not in a condition desired by Buyer. Buyer shall be
Deemed to have disclaimed and waived any and all objections to the physical and environmental
characteristics and conditions of the Well Facilities, including, without limitation, any
"hazardous materials" (as defined below) located thereon and the condition of title thereto
whether or not such conditions would be disclosed by a reasonable and diligent inspection.
"Hazardous Materials" as used in this Bill of Sale, is defined to include any hazardous or toxic
substance, material or waste which is or becomes regulated by any local governmental authority,
the state of California, or the United States Government due to its toxicity, corrosiveness,
reactivity or risk to public healthy and/or safety. The foregoing representations and
acknowledgements of the parties set forth in this Bill of Sale shall be deemed continuing
representations and acknowledgements that shall survive the date hereof.
4. Indemnification: Buyer shall indemnify Seller against, and hold such party
harmless from any and all loss, damage, personal injury, property damage, liability or expense,
including court costs and reasonable attorneys' fees, which may be incurred or sustained by
reason of, or in connection with, the condition of the Well Facilities or the transfer of the Well
Facilities to Buyer.
IN WITNESS WHEREOF, this instrument has been executed on 21st day of June , 2004.
ORANGE COUNTY WATER DISTRICT CITY OF HUNTINGTON BEACH
By: By:
Ge 1 Manager Mayor
ATTESTED TO:
By: bx-� -
esident of the Board
By'
Assistant Ci C erkO/jy/e
APPRO D AS TO FORM: APPROVED AS TO FORM:
OVQ
By: Cityl Attorney b 1
Ge e 1 Coun el bL/ $ 0
1068/022499-0015
475461.02 a04/09/04 -2-
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ATTACHMENT #2
BILL OF SALE
THIS BILL OF SALE ("Bill of Sale") is made by and between the Orange County Water
District, a special governmental district created and operating pursuant to Chapter 924 of the
Statutes of 1933, as amended, ("Seller"), and the City of Huntington Beach, a California charter
city ("Bum"). Buyer and Seller are sometimes herein referenced collectively as the
"parties" and each individually as a"party."
RECITALS
WHEREAS, the parties entered into a certain "Well Construction Program Agreement"
on June 19, 1991 (the"Agreement").
WHEREAS, Section 3.8 of the Agreement requires Seller to tender to Buyer title to the
groundwater production Well No. 12 upon Buyer's full payment of the principal amount of
certain installment payments together with interest accrued, as such payments are more
specifically defined in the Agreement. The well facilities of Well No. 12, located in the City of
Huntington Beach, County of Orange, State of California, and more particularly located in
Exhibit "A" attached hereto and made a part hereof, include the production well and the
appurtenant facilities used to convey the produced groundwater from the well to the City of
Huntington Beach's water distribution system ("Well Facilities"); and
WHEREAS, in accordance with Section 3.8 of the Agreement, Buyer has received
payment in full from Seller for the Well Facilities costs and the accrued interest of the Well
Facilities.
WHEREAS, Seller now desires to sell and assign to Buyer, and Buyer desires to purchase
and assume from Seller, on the terms and subject to the conditions set forth in this Bill of Sale
and the Agreement, all the Well Facilities;
NOW, THEREFORE, in consideration of the mutual covenants, representations, warranties,
agreements and the conditions set forth in this Agreement, Buyer and Seller hereby agree as
follows:
1. Recitals: The above Recitals are true and correct and hereby incorporated
into the terms of this Agreement.
2. Transfer of Well Facilities: In consideration of Buyer's payments made
pursuant to Section 3.8 of the Agreement and the other valuable consideration given by Buyer to
Seller, the receipt and sufficiency of which is hereby acknowledged, Seller does hereby sell,
transfer, convey, assign and deliver unto Buyer, its successors and assigns, to have and to hold
for Buyer's own use and enjoyment and for the use and enjoyment of Buyer's successors and
assigns forever, all of Seller's right, title and interest in and to the Well Facilities, as they exist
on the date hereof, free and clear of all liens.
3. As Is — Limited Warranties: Seller represents and warrants to Buyer that Seller
has good and marketable title to the Well Facilities and Seller is conveying the Well Facilities to
1068/022499-0015 //�
475461.02 a04/09/04 RECORD NO. l
OCWD DOC. rz
Buyer free of liens, encumbrances or other claims. Buyer hereby acknowledges, covenants,
represents and warrants that Seller has made absolutely no warranties or representations of any
kind or nature regarding the condition of the Well Facilities and Buyer is purchasing the Well
Facilities "AS IS" with any and all faults. This Bill of Sale shall not be construed as a
representation or warranty by Seller as to the condition of the Well Facilities and Seller shall
have no liability to Buyer in the event that any or all of the Well Facilities are not suitable for
Buyer's intended use or are otherwise not in a condition desired by Buyer. Buyer shall be
Deemed to have disclaimed and waived any and all objections to the physical and environmental
characteristics and conditions of the Well Facilities, including, without limitation, any
"hazardous materials" (as defined below) located thereon and the condition of title thereto
whether or not such conditions would be disclosed by a reasonable and diligent inspection.
"Hazardous Materials" as used in this Bill of Sale, is defined to include any hazardous or toxic
substance, material or waste which is or becomes regulated by any local governmental authority,
the state of California, or the United States Government due to its toxicity, corrosiveness,
reactivity or risk to public healthy and/or safety. The foregoing representations and
acknowledgements of the parties set forth in this Bill of Sale shall be deemed continuing
representations and acknowledgements that shall survive the date hereof.
4. Indemnification: Buyer shall indemnify Seller against, and hold such party
harmless from any and all loss, damage, personal injury, property damage, liability or expense,
including court costs and reasonable attorneys' fees, which may be incurred or sustained by
reason of, or in connection with, the condition of the Well Facilities or the transfer of the Well
Facilities to Buyer.
IN WITNESS WHEREOF, this instrument has been executed on 21sWay of June , 2004.
ORANGE COUNTY WATER DISTRICT CITY OF HUNTINGTON BEACH
By: By:
Ge 1 Manager Mayor 17
B . ` �% ATTESTED TO:
Y
P sident of the Board
B
Assis ant C(tyC erk fey
APPROU AS TO FORM: j;;;ZFORM:
By: e /
Gen ounsel 0
20 %�
1068/022499-0015
475461.02 a04/09/04 -2-
Water Well 12 and 13 EXHIBIT 'A"
City of Huntington Beach
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ATTACHMENT #3
a . .
a,
BILL OF SALE
THIS BILL OF SALE ("Bill of Sale") is made by and between the Orange County Water
District, a special governmental district created and operating pursuant to Chapter 924 of the
Statutes of 1933, as amended, ("Seller"), and the City of Huntington Beach, a California charter
city ("BRyer"). Buyer and Seller are sometimes herein referenced collectively as the
"parties" and each individually as a "party."
RECITALS
WHEREAS, the parties entered into a certain "Well Construction Program Agreement"
on June 19, 1991 (the "Agreement").
WHEREAS, Section 3.8 of the Agreement requires Seller to tender to Buyer title to the
groundwater production Well No. 13 upon Buyer's full payment of the principal amount of
certain installment payments together with interest accrued, as such payments are more
specifically defined in the Agreement. The well facilities of Well No. 13, located in the City of
Huntington Beach, County of Orange, State of California, and more particularly located in
Exhibit "A" attached hereto and made a part hereof, include the production well and the
appurtenant facilities used to convey the produced groundwater from the well to the City of
Huntington Beach's water distribution system("Well Facilities"); and
WHEREAS, in accordance with Section 3.8 of the Agreement, Buyer has received
payment in full from Seller for the Well Facilities costs and the accrued interest of the Well
Facilities.
WHEREAS, Seller now desires to sell and assign to Buyer, and Buyer desires to purchase
and assume from Seller, on the terms and subject to the conditions set forth in this Bill of Sale
and the Agreement, all the Well Facilities;
NOW, THEREFORE, in consideration of the mutual covenants, representations, warranties,
agreements and the conditions set forth in this Agreement, Buyer and Seller hereby agree as
follows:
1. Recitals: The above Recitals are true and correct and hereby incorporated
into the terms of this Agreement.
2. Transfer of Well Facilities: In consideration of Buyer's payments made
pursuant to Section 3.8 of the Agreement and the other valuable consideration given by Buyer to
Seller, the receipt and sufficiency of which is hereby acknowledged, Seller does hereby sell,
transfer, convey, assign and deliver unto Buyer, its successors and assigns, to have and to hold
for Buyer's own use and enjoyment and for the use and enjoyment of Buyer's successors and
assigns forever, all of Seller's right, title and interest in and to the Well Facilities, as they exist
on the date hereof, free and clear of all liens.
3. As Is — Limited Warranties: Seller represents and warrants to Buyer that Seller
has good and marketable title to the Well Facilities and Seller is conveying the Well Facilities to
1068/022499-0015 RECORD NO. J
475461.02 a04/09/04
ocwD Doc.-
Buyer free of liens, encumbrances or other claims. Buyer hereby acknowledges, covenants,
represents and warrants that Seller has made absolutely no warranties or representations of any
kind or nature regarding the condition of the Well Facilities and Buyer is purchasing the Well
Facilities "AS IS" with any and all faults. This Bill of Sale shall not be construed as a
representation or warranty by Seller as to the condition of the Well Facilities and Seller shall
have no liability to Buyer in the event that any or all of the Well Facilities are not suitable for
Buyer's intended use or are otherwise not in a condition desired by Buyer. Buyer shall be
Deemed to have disclaimed and waived any and all objections to the physical and environmental
characteristics and conditions of the Well Facilities, including, without limitation, any
"hazardous materials" (as defined below) located thereon and the condition of title thereto
whether or not such conditions would be disclosed by a reasonable and diligent inspection.
"Hazardous Materials" as used in this Bill of Sale, is defined to include any hazardous or toxic
substance, material or waste which is or becomes regulated by any local governmental authority,
the state of California, or the United States Government due to its toxicity, corrosiveness,
reactivity or risk to public healthy and/or safety. The foregoing representations and
acknowledgements of the parties set forth in this Bill of Sale shall be deemed continuing
representations and acknowledgements that shall survive the date hereof.
4. Indemnification: Buyer shall indemnify Seller against, and hold such party
harmless from any and all loss, damage, personal injury, property damage, liability or expense,
including court costs and reasonable attorneys' fees, which may be incurred or sustained by
reason of, or in connection with, the condition of the Well Facilities or the transfer of the Well
Facilities to Buyer.
IN WITNESS WHEREOF, this instrument has been executed on 21st day of June , 2004.
ORANGE COUNTY WATER DISTRICT CITY OF HUNTINGTON BEACH
� Y
By: By:
Ge 1 Manager Mayor
By: ATTESTED TO:
(/(1D
Pr ident of the Board t
By:
Assistant C ty Ctferk #/0y
APPR ED AS TO FORM: APPROVED AS TO FORbo
4ity A torney Av
/
By.
nsel
1068/022499-0015
475461.02 a04/09/04 -2-
Water Well 12 and 13 FEXHIBIT "Al
City of Huntington Beach
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RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Authorize Execution of Bills of Sale with Orange County
Water District for Conjunctive Use Well Program
COUNCIL MEETING DATE: June 21 , 2004
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FOR DED
Administrative Staff ( ) ( )
Assistant City Administrator (Initial)
City Administrator (Initial) ( ) ( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: