HomeMy WebLinkAboutApprove Agreement for Partial Land Purchase and Joint Escrow RECORDED AT THE REQUEST OF
CHICAGO TITLE COMPANY Recorded in Official Records,Orange County
Tom Daly,Clerk-Recorder
IIIIIIII{IIII II{flli{{IIIIII{{{IIII{NIIIIIIIII{I{IIIIIII NO FEE
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: 2008000029456 08:00arn 01/22/08
120 49 G02 7
City of Huntington Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2000 Main Street
Huntington Beach, CA 92648
Attention: City Clerk
Exempt from Recording Fee Exempt from Documentary Transfer Tax
Pursuant to Government Code Section 6103 Pursuant to R&T Code§ 11022
7r!ryL� j 7U 4 143 (Space above this line for Recorder's use)
—ke?,m meet*/fie- GRANT DEED
Orange County
APN: 142-103-25 All
[X] Portion 0 qa O
FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged,
HIDAYAT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY �N��
HEREBY GRANTS TO THE
City of Huntington Beach, a Municipal Corporation
all rights, interests, or title to the real property in the City of Huntington.Beach, County of
Orange, State of California described on Exhibit "A" and shown on Exhibit "B", which exhibits
are attached hereto and by reference made a part hereof.
IN WITNESS WHEREOF, the grantor hereto has caused this Grant Deed to be
executed as of this `�-tk. day of_ 6P� , 2007.
Hidayat, LLC, a Calif r 1a Limited Liability Company
By: 5• V
By:
AP I VE4j�
revt+Y{y
ATTACHMENT # 1
APN 142103-25
TITLE REPORT NO 73808093-M08
PROJECT HEILAVENUE WIDENING PROJECT
AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND JOINT ESCROW INSTRUCTIONS
THIS AGREEMENT is entered into this 1 day of 'VH — 2007 by and between the
City of Huntington Beach a Municipal Corporation (hereinafter called City) and Hidayat LLC
a California Limited Liability Company (hereinafter called Seller) for acquisition by City of
certain real property hereinafter set forth
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS
1 AGREEMENT TO SELL AND PURCHASE Seller agrees to sell to City and City agrees to
purchase from Seller upon the terms and for the consideration set forth in this Agreement
(hereinafter called Agreement ) all that certain real property(hereinafter called Property )
situated in the City of Huntington Beach County of Orange State of California and legally
described as follows
SEE EXHIBITS A AND B ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
2 PURCHASE PRICE The total purchase price payable in cash through escrow shall be the
sum of
Three Hundred Twenty Four Thousand and Sixty-Nine Dollars
($324,069 00)
3 CONVEYANCE OF TITLE Seller agrees to convey by Grant Deed to City fee simple title to
the Property free and clear of all recorded and unrecorded liens encumbrances
assessments easements leases and taxes EXCEPT
a Non-delinquent taxes for the fiscal year in which this transaction closes which shall
be cleared and paid in the manner required by Section 4986 of the Revenue and
Taxation Code if unpaid at the close of this transaction
b Quasi-public utility public alley public street easements and rights of way of record
(except rights in any such items conveyed under this Agreement)
c Items numbered 1 2 3 and 5 in the above referenced preliminary title report issued
by Chicago Title Company dated July 26 2007
31 Seller agrees to convey to City a Temporary Construction Easement in on over and
above the portion of the subject property depicted on the attached Exhibit C and
incorporated herein by this reference
4 TITLE INSURANCE POLICY Escrow Agent shall following recording of said deed(s)to City
provide City with CLTA Standard Coverage Policy of Title Insurance in the amount of
$245 000 00 issued by Chicago Title Company Title Company showing the title to the
property vested in City subject only to the exceptions set forth in Paragraph 3 of this
Agreement and the printed exceptions and stipulations in said policy City agrees to pay the
premium charged therefore
Page 1 of 7
5 ESCROW City agrees to open an escrow in accordance with this Agreement at an escrow
company of City s choice This Agreement constitutes the joint escrow instructions of City
and Seller and Escrow Agent to whom these instructions are delivered is hereby
empowered to act under this Agreement The parties hereto agree to perform all acts
reasonably necessary to close this escrow in the shortest possible time
Seller shall execute and deliver said deed(s) as referenced in Paragraph 3 above to
Escrow Agent concurrently with this Agreement or as soon as possible thereafter when said
deeds are available After opening of escrow City will deposit an executed Certificate of
Acceptance with Escrow Agent City agrees to deposit the purchase price upon demand of
Escrow Agent City and Seller agree to deposit with Escrow Agent any additional instruments
as may be reasonably necessary to complete this transaction
All funds received in this escrow shall be deposited with other escrow funds in a general
escrow account(s) and may be transferred to any other such escrow trust account in any
State or National Bank doing business in the State of California All disbursements shall be
made by check from such account
6 ESCROW AGENT IS AUTHORIZED TO,AND SHALL
a Pay and charge Seller upon Seller s written approval for any amount necessary to
place title in the condition necessary to satisfy Paragraph 3 of this Agreement
excluding any penalty for prepayment to any lienholder in compliance with Code of
Civil Procedure Section 1265 240 of the Eminent Domain Law
b Pay and deduct from the amount shown in Paragraph 2 above any amount
necessary to satisfy any delinquent taxes together with penalties and interest
thereon and/or delinquent or non-delinquent assessments or bonds except those
which title is to be taken subject to in accordance with the terms of this Agreement
c Pay and deduct from the amounts payable to Seller under Paragraph 2 of this
Agreement up to and including the total amount of unpaid principal and interest on
note(s)secured by mortgage(s)or deed(s)of trust if any and all other amounts due
and payable in accordance with terms and conditions of said trust deed(s) or
mortgage(s)including late charges if any except penalty(if any) for payment in full
in advance of maturity shall upon demand(s)be made payable to the mortgagee(s)
or beneficiary(ies) entitled thereunder
d Pay and charge City for all recording fees incurred in this transaction including
payment of reconveyance fees and forwarding fees for partial or full reconvenances
of deeds of trust or release or mortgage by City
e Pay and charge City for any escrow fees charges and costs payable under
Paragraph 7 of this Agreement
f Disburse funds and deliver deed when conditions of this escrow have been fulfilled
by City and Seller
The term close of escrow if and where written in these instructions shall mean the date
necessary instruments of conveyance are recorded in the office of the County Recorder
Recordation of instruments delivered through this escrow is authorized if necessary or
proper in the issuance of said policy of title insurance
All time limits within which any matter herein specified is to be performed may be extended
by mutual agreement of the parties hereto Any amendment of or supplement to any
Page 2 of 7
instructions must be in writing
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSEAS
SOON AS POSSIBLE
7 ESCROW FEES, CHARGES AND COSTS City agrees to pay all City s and Sellers usual
fees charges and costs which arise in this escrow
8 FULLAND COMPLETE SETTLEMENT Seller hereby acknowledges that the compensation
paid to Seller through this Agreement constitutes the full and complete settlement of any and
all claims against City by reason of City s acquisition of the Property specifically including
but not limited to any and all damage to Sellers remainder property by reason of the
acquisition of the subject Property or the installation of the improvement project in the
manner proposed the value of improvements pertaining to the realty leasehold
improvements any and all claims of rental or leasehold value and loss of business goodwill
(excluding relocation benefits if any) and any and all claims in inverse condemnation and
for precondemnation damages and any and all other claim that Seller may have whetheror
not specifically mentioned here relating directly or indirectly to the acquisition by City of this
subject Property however Seller and City and each and all of their individual collective
agents representatives attorneys principals predecessors successors assigns
administrators executors heirs and beneficiaries hereby release the other party and each
of them from any and all obligations liabilities claims costs expenses demands debts
controversies damages causes of action including without limitations those relating to just
compensation damages which any of them now have or might hereafter have by reason of
any matter or thing arising out or in any way relating to any condemnation action affecting
the subject Property
9 CONSTRUCTION CONTRACT AND CURATIVE WORK
a It is understood and agreed by and between the parties hereto in addition to the
compensation shown in Paragraph 2 hereinabove the City its contractors or
assigns shall perform the following construction contract items at the time of the
installation of the proposed project
i NONE
All work performed under this Agreement shall conform to all applicable building fire
and sanitary laws ordinances and regulations relating to such work and shall be
completed in a good and workmanlike manner All structures improvements or other
facilities when removed and relocated or reconstructed by the City shall be left in
as good condition as found
b It is understood and agreed by and between the parties hereto that the
compensation paid to Seller through this Agreement includes the value of and cost
to remove relocate reconstruct and/or refurbish the following improvements located
on the Property
i Landscaping (including the 2 trees at the rear corners of the parcel)
It is further understood between the parties hereto that if the improvements referred
to in Paragraph 9b above are not removed from the subject property prior to March 1
2008 but not sooner than the close of escrow City its agents contractors or
assigns shall have the right to remove said improvements and dispose of same in
any manner City deems appropriate without further notice or responsibility to Seller
whatsoever
Page 3 of 7
10 PERMISSION TO ENTER ON PREMISES Seller hereby grants to City its authorized
agents or contractors if necessary by reason of the above-mentioned improvement the right
to enter upon Sellers property upon 48 hours prior written notice to perform the construction
items referred to in Paragraph 9a above and for any of the following reasons
a To make necessary and reasonable inspections
11 RENTAL AND LEASEHOLD INTEREST Seller warrants that there are no third parties in
possession of any portion of the Property as lessees tenants at sufferance trespassers or
invitees and that there are no oral or written recorded or unrecorded leases or other
agreements concerning all or any portion of the Property exceeding a period of one month
Seller further agrees to hold City harmless and reimburse City for any and all of its losses
and expenses occasioned by reason of any lease of said property held by any tenant of
Seller for a period exceeding one month EXCEPT None
12 ACQUISITION IN LIEU OF CONDEMNATION Seller and City acknowledge that this
transaction is a negotiated settlement in lieu of condemnation Seller acknowledges that the
sums received from City under this Agreement constitute full payment of all just
compensation in eminent domain (including but not limited to compensation for the fair
market value of the real property taken severance damages improvements to the realty
furniture fixtures equipment the value of any leasehold interest loss of inventory loss of
business goodwill court costs litigation expenses and any interest which might be due on
such matters) Seller acknowledges that the amounts paid under this Agreement constitute
the total amount due Seller and that no further payments are due owing or payable Seller
waives any other claims it might have for further payment or further compensation and also
waives any and all claims to any money on deposit in said action and further waives all
attorneys fees costs disbursements and expenses incurred in connection therewith
13 WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER Seller hereby
warrants represents and/or covenants to City that
a To the best of Sellers knowledge there are no actions suits material claims legal
proceedings or any other proceedings affecting the Property or any portion thereof
at law or in equity before any court or governmental agency domestic or foreign
b To the best of Seller s knowledge there are no encroachments onto the Property by
improvements on any adjoining property nor do any buildings or improvements
encroach on other properties
c Until the closing Seller shall not do anything which would impair Sellers title to any
of the Property
d To the best of Sellers knowledge neither the execution of this Agreement nor the
performance of the obligations herein will conflict with or breach any of the
provisions of any bond note evidence of indebtedness contract lease or other
agreement or instrument to which Sellers property may be bound
e Until the closing Seller shall upon learning of any fact or condition which would
cause any of the warranties and representations in these Warranties
Representations and Covenants of Seller Section not to be true as of closing
immediately give written notice of such fact or condition to City
f Seller at the time of execution of this Agreement is seized of the Property in fee
simple absolute and is the lawful owner of and has good indefeasible title to the
Property
Page 4 of 7
ACKNOWLEDGMENT
State of Caliform
County of
On :Zool before me, d? k vu ®7 i ,
(here insert name and title o e officer)
personally appeared
(or proved to me on the basis of satisfactory evidence) to be
the person(s)-v►+hose name(.r}is/axe-subscribed to the within instrument and
acknowledged to me that laekhe/they executed the same in*iWher/thaU authorized
capacity(49e and that by hl,s hero e#signatures}-en the instrument the person
or the entity upon behalf of which the persor4 acted, executed the instrument,
WITNESS my hand and official seal.
BMgATI KAgOANI
A6OTAgV PUBLIC.CALIFORMA
�+ m COMMISSION B 159098�
Signature o»awae COUNTY
Comm.Ex .Jume 17,20"
(Seal)
E
HI - IT " "
BEACH BOULEVARD
w
1 w
z
� ls!
INDICATES AREA OF
RIGHT--OF--WAY
DEDICATION
>r
80,
N ---SCALE: t'= 80'
0 55'
Q
�y.. APN 142-103-2 ...�
w
Will-us wi%o�w SCALE t'=eo' d�1�3�Y 1x. xoDs SKETCH TO ACCOMPANY
EN IMOA05 5 R PLANNERS MRrHS DRAW BY D.8E'lEtt o f 42-103-25.m
i3497 cKassnWpS ppRKpX7-llARfii. SUITE<os LEGAL. DESCRIPTION
�4lUSTRY.CX'• 91iN8-3+9T CHkAD B7 DAHELL
�s6z� -czoo iSElL
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed to the City of
Huntington Beach, a public entity ("City"), is hereby accepted in accordance with the terms by
the undersigned officer on behalf of the City Council consents to recording thereof by its duly
authorized officer.
CITY OF HUNTINGTON BEACH,
A MUNICIPAL CORPORATION
B `
AYOR
B
CI CLER
r ,r
}
EXHIBIT"A"
LEGAL DESCRIPTION
Portion APN 142-103-025
TFIE SOUT14ERL'Y 25 FEET OF LOT 7,IN BLOCK C,TRACT NO. 522,IN TIDE
CITY OF HUNTINGTON REACH,COUNTY OF ORANGE,STATE OF
CALIFORNIA.,AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 19,PAGE
49 OF MISCELLANEOUS MAPS,RECORDS OF SAID ORANGE COUNTY.
CONTAINS 2875 SQUARE FEET,MORE OR.LESS
As shown on Exhibit "8"attached hereto and by this reference made a parr hereof
Prepared wider my supervision:
\,ANDS
David 0. KnelI PLS 5301 Date I ,5301
Exp.
1hurR2005 h4hci1tl42-]03A25 e g 3i-Q7
J
ACKNOWLEDGMENT
State of California
County of Orange
On October 22, 2007 before me, Kathleen Nelson, Notary Public, personally appeared
Gil Coerper personally known to me t
�} to be the person(`) whose name( is/a96 subscribed to the within instrument and
acknowledged to me that he/st)&thoy executed the same in his/hhr/their authorized capacity(ie
and that by his/46r/their signatureV) on the instrument the person(), or the entity upon behalf of
which the person(g) acted, executed the instrument.
�ran -
KATHLEEN NELSON
commission#1 W8478
WITNESS my hand and official seal. "� Notary PubUc-California
orange County
iWYComm,Ex sAug 17,20�8
Signature :L
(Seal)
ACKNOWLEDGMENT
State of California
County of Orange
On October 22, 2007 before me, Kathleen Nelson, (Votary Public, personally
appeared Joan Flynn, personally known to me to be the person(*'whose name(s)
is/are Vibscp'bed to the within instrument and acknowledged to me that
I*/she/thdy executed the same in hdt/her/tb6ir authorized capacity(iat), and that
by hit/her/tWir signature(g) on the instrument the person(,), or the entity upon
behalf of which the personW acted, executed the instrument.
WITNESS my hand and official seal.
Signatur
; aLx�
KATHLEEN NELSON
Commmon#1 SM478
Notary Public-Caufomia
Orange County
OMYCOMM.Explrw Aug 17,2W8
(Seal)
7-,
Council/Agency Meeting Held
Deferred/Continued to
�(App oved ❑ Conditionally Approved ❑ Denied ity erk Sign-at re
Council Meeting Date 10/15/2007 Departm ID Number ED 07-42
CITY OF HUNTINGTON REACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS
y
SUBMITTED BY PE LOPE JLBRETH-G TPA CITY ADMINISTRATOR
PREPARED BY STANLEY SMALEWITZ DIRECTOR OF ECONOMIC DEVELOPM NT<a
TRAVIS K HOPKINS PE ACTING DIRECTOR UBLIC WO KS-
ENGINEERING
SUBJECT APPROVE HEIL AVE WIDENING IMPROVEMENT PROJECT
PARTIAL LAND PURCHASE (7886 ALHAMBRA AVENUE)
Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s)
Statement of Issue A partial land purchase agreement in the amount of $324 069 along
with escrow fees not to exceed $4 000 with Hidayat LLC for the partial purchase of real
property at 7886 Alhambra Avenue (APN 142-103-25) is submitted for approval (Attachment
#1) Partial acquisition of this property is necessary to complete improvements for the
widening of Heil Avenue between Beach Blvd and Silver Lane
Funding Source Funds are budgeted in the Traffic Impact Fund Street Widening Land
Purchase Account No 20690001 81000
Recommended Action Motion to
1 Approve the Agreement for Acquisition of Real Property and Joint Escrow Instructions
and authorize the Mayor and City Clerk to execute the agreement and other related
necessary documents
Alternative Action(s) Do not approve the purchase agreement for 7886 Alhambra Avenue
and direct staff to renegotiate the acquisition terms with Hidayat LLC
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE 10/15/2007 DEPARTMENT ID NUMBER ED 07-42
Analysis
The Heil Avenue Widening Project (CC-1230) will construct the street improvements
necessary to widen the north side of Heil Avenue between Silver Lane and Beach Boulevard
to its full eighty-foot secondary arterial street width Currently this segment of Heil Avenue
provides one through-lane in each direction bike lanes and a striped median The widened
street section will provide one additional through-lane in each direction This project includes
relocation of existing utility poles and the construction of new asphalt pavement concrete
curb gutter sidewalk and street lights An eight-foot high wall will be constructed along the
proposed northerly right-of-way
The subject property (APN 142-103-25) is one of seven parcels that is required for this
project four of which only require partial land acquisition At such time as the remaining real
property offers are accepted those agreements will be submitted to City Council for
approval The amount of all offers to purchase made by the City for this project will be
consistent with real estate market values as described in appraisal reports provided by
Netzer and Associates dated June 14 2007
This widening project requires the acquisition of the southerly 25 feet of the above mentioned
parcel The price of $324 069 includes market value of the land acquired value of the
temporary construction easement and severance damages
Award of the project construction contract is estimated for June 2008 with construction
scheduled to begin shortly thereafter A map showing the subject parcel and right-of-way
acquisition is attached as Exhibit B in the Agreement for Acquisition
Strategic Plan Goal C-1 Improve transportation by providing an additional through-lane in
each direction
Environmental Status Not applicable to property purchase
Attachment(s)
Q'ity Clerk's
Page Number . Description
1 Agreement for Acquisition of Real Property and Joint Escrow
Instructions between the City of Huntington Beach and Hidayat LLC
for a part of real property located at 7886 Alhambra Avenue
2 9/25/2007 5 14 PM
14 HAZARDOUS WASTE Neither Seller nor to the best of Sellers knowledge any previous
owner tenant occupant or user of the Property used generated released discharged
stored or disposed of any hazardous waste toxic substances or related materials
( Hazardous Materials )on under in or about the Property or transported any Hazardous
Materials to or from the Property Seller shall not cause or permit the presence use
generation release discharge storage or disposal of any Hazardous Materials on under
in or about or the transportation of any Hazardous Materials to or from the Property The
term Hazardous Material shall mean any substance material or waste which is or
becomes regulated by any local governmental authority the State of California or the United
States Government including but not limited to any material or substance which is (i)
defined as a hazardous waste extremely hazardous waste or restricted hazardous
waste under Section 25115 25117 or 25122 7 or listed pursuant to Section 25140 of the
California Health and Safety Code Division 20 Chapter 6 5 (Hazardous Waste Control
Law) (ii) defined as 'hazardous substance under Section 25316 of the California Health
and Safety Code Division 20 Chapter 6 8(Carpenter-Presley-Tanner Hazardous Substance
AccountAct) (iii)defined as a hazardous material hazardous substance or hazardous
waste under Section 25501 of the California Health and Safety Code Division 20 Chapter
6 95 (Hazardous Materials Release Response Plans and Inventory) (iv) defined as a
hazardous substance under Section 25281 of the California Health and Safety Code
Division 20 Chapter 6 7 (Underground Storage of Hazardous Substances) (v) petroleum
(vi) asbestos (vii) polychlorinated byphenyls (viii) listed under Article 9 or defined as
hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the California
Administrative Code Division 4 Chapter 20 (ix) designated as a hazardous substances
pursuant to Section 311 of the Clean Water Act (33 U S C S1317) (x) defined as a
hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery
Act 42 U S C S6901 et sec (42 U S C S6903)or(xi)defined as a hazardous substances
pursuant to Section 101 of the Comprehensive Environmental Response Compensation as
amended by Liability Act 42 U S C S9601 et sec (42 U S C S9601)
15 COMPLIANCE WITH ENVIRONMENTAL LAWS To the best of Sellers knowledge the
Property complies with all applicable laws and governmental regulations including without
limitation all applicable federal state and local laws pertaining to air and water quality
hazardous waste waste disposal and other environmental matters including but not limited
to the Clean Water Clean Air Federal Water Pollution Control Solid Waste Disposal
Resource Conservation Recovery and Comprehensive Environmental Response
Compensation and Liability Acts and the California Environment Quality Act and the rules
regulations and ordinances of the city within which the subject property is located the
California Department of Health Services the Regional Water Quality Control Board the
State Water Resources Control Board the Environmental Protection Agency and all
applicable federal state and local agencies and bureaus
16 INDEMNITY Seller agrees to indemnify defend and hold City harmless from and against
any claim action suit proceeding loss cost damage liability deficiency fine penalty
punitive damage or expense (including without limitation attorneys fees) resulting from
arising out of or based upon (i)the presence release use generation discharge storage
or disposal of any Hazardous Material on under in or about or the transportation of any
such materials to or from the Property or(ii)the violation or alleged violation of any statute
ordinance order rule regulation permit judgment or license relating to the use generation
release discharge storage disposal or transportation of Hazardous Materials on under in
or about to or from the Property This indemnity shall include without limitation any
damage liability fine penalty punitive damage cost or expense arising from or out of any
claim action suit or proceeding for personal injury (including sickness disease or death
Page 5of7
tangible or intangible property damage compensation for lost wages business income
profits or other economic loss damage to the natural resource or the environment nuisance
pollution contamination leak spill release or other adverse effect on the environment)
This indemnity extends only to liability created prior to or up to the date this escrow shall
close Seller shall not be responsible for acts or omissions to act post close of this escrow
17 COUNTERPARTS This agreement may be executed in counterparts each of which so
executed shall irrespective of the date of its execution and delivery be deemed an original
and all such counterparts together shall constitute one and the same instrument
18 CONTINGENCY It is understood and agreed between the parties hereto that the completion
of this transaction and the escrow created hereby is contingent upon the specific
acceptance and approval of the City herein The execution of these documents and the
delivery of same to Escrow Agent constitute said acceptance and approval
19 NO BROKERS City and Seller each represents to the other that no brokers have been
involved in this transaction City and Seller agree to indemnify one another against any
claim suits damages and costs incurred or resulting from the claims of any person for any
fee or remuneration due in connection with this transaction pursuant to a written agreement
made with said claimant
20 JURISDICTION AND VENUE This Agreement shall be governed by and constructed in
accordance with the laws of the State of California The parties consent to the jurisdiction of
the California Courts with venue in Orange County
21 ASSIGNMENT The terms and conditions covenants and agreements set forth herein shall
apply to and bind the heirs executors administrators assigns and successors of the parties
hereto City may freely assign any or all if its interests or rights under this Agreement or
under the Escrow without the consent of Seller
22 COOPERATION Each party agrees to cooperate with the other in the closing of this
transaction and in that regard to sign any and all documents which may be reasonably
necessary helpful or appropriate to carry out the purposes and intent of this Agreement
including but not limited to releases or additional agreements
23 ENTIRE AGREEMENT, WAIVER AND MODIFICATION This Agreement is the entire
Agreement between the parties with respect to the subject matter of this Agreement It
supersedes all prior agreements and understandings whether oral or written between the
parties with respect to the matters contained in this Agreement Any waiver modification
consent or acquiescence with respect to any provision of this Agreement shall be set forth in
writing and duly executed by or on behalf of the party to be bound thereby No waiver by any
party of any breach hereunder shall be deemed a waiver of any other or subsequent breach
Page 6 of 7
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year set
forth hereinabove
SELLER BUYER
CITY OF HUNTINGTON BEACH,
A California municipal corporation
Hidayat LLC a California Limited
Liability Camp
y -hpvl
yor
By
City Clerk
APPROVED AS TO FORM
d
y Attorney
REVIEWED AND APPROVED
6. &A' Lh
ityAdmini trator
E
INITIATED AND APPROVED
Director of tconomic evelopment
E
3
Page 7 of 7
t 1
EXHIBIT "A"
LEGAL DESCRIPTION
Portion t1PN 142-103 02�
T 1IE SOUTHERLY 25 FEET Or LOT 7 IN PI OCK C TRACT NO 522 IN fHE
CITY Or HUNTINGTON BEACH COUNTY OF ORANGL, S I k fh OF
CALIFORNM AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 19,PAGE
49 or ivI.ISCELLANEOUS MAPS RECORDS OF SAID ORANGE COUNTY
CON`1 AIMS 2575 SQUARE FEET,MORE OR LESS
,GIs T1?oi vn tin&hrbrt B attached hereto and by this r e7`er once made ra par t her eta,f
Paeparcd under my simerv4ston
N ,
David O Knell LS 5301 Di c
C\hunt be a khoiN#_1 d:,Ohi Exp 12 31 07 �
July 1 SOUS
di
r 0A
1
I
EXHIBIT 1`11381
BEACH BOULEVARD
W
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INDICATES AREA OF �
m � R I CH T--OF--YEA Y
DEDICATION
—. 801,
SCALD. 1 '= 50
APN 142-103-25
25
Willaan 'W''ILLDAN SCALE 1 ao DATE JULY 12 2OC6 SKETCH TO ACCOMPANY
ENGINEERS 4 PLA1114FRS QRAK1i 8Y Q Yf{tQACH 142-103-26 Q61d
13101 CROSSPOADS PARKWAY NORTH SMITE 405 LEGAL
y�{� DESCRIPTION
INOUSTRY CA 41746-9<97 NUNT11#4Tt1NPEACH/ LEGAL
�sszr wa 6�w CREQ 8Y D—KNELL HEIL
i
LOT 7 14 " 49 0
AVENUE
m
I
I
RCA ROUTING SHEET
INITIATING DEPARTMENT Economic Development Department
SUBJECT Approve Heil Ave Widening Improvement Project
Partial Land Purchase (7886 Alhambra Avenue)
COUNCIL MEETING DATE October 15 2007
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached
(Signed in full by the City Attorney) Not Applicable ❑
Subleases Third Party Agreements etc Notached El
t Applicable
(Approved as to form by City Attorney)
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted over $5 000) Attached ❑
Not Applicable
Bonds (If applicable) Notached El
t Applicable
Staff Report (If applicable) NotAttached
h d El
licable
Commission Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
ENPUMATGOM FOv u`��MMMG ATTAC HMEM72
REVIEWED RETURNED FORWARDED
Administrative Staff ( )
Deputy City Administrator (Initial)
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EXPLANATION FOR RETURN OF ITEM
(Below Space For City Clerk's Use •
RCA Author Krause (ext 1529)
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-_�� � CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
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TO Mayor and City Council
VIA Penelope Culbreth Graft City Administrator
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FROM -,Travis Hopkins Acting Director of Public Works - Engmeenng '
SUBJECT Prioritized Use of Traffic Impact Fee Funds
DATE October 12 2007
At the October 8 2007 meeting of the Economic Development Subcommittee City
Council representatives requested additional information regarding proposed
expenditures of Traffic Impact Fee (TIF) funds for current Capital Improvement Program
projects The issue was raised in relation to the Heil Avenue Widening Project and the
proposed property acquisitions that are scheduled for the October 15 2007 regularly
scheduled City Council meeting (items E-3 & E-4)
The TIF program is specifically designated as a means of funding traffic capacity
improvements that address area-wide traffic impacts resulting from new development in
the City The funds are not intended to be used to offset general regional traffic growth
which results from changes in traffic due to other sources such as shifts in traffic
patterns and development outside of the City This important concept dictates that the
City must look towards other resources to address other regional traffic growth
including grant opportunities Gas Tax funds Measure M funds and the General Fund
The current supporting documents estimate that new development within the City will
account for approximately 20 percent of the increase in overall traffic
The current 5-year Capital Improvement Program includes more than $8 8 million in
expenditures from the TIF fund with approximately $5 million in other funding sources
With expected reimbursements to the TIF fund from the Southeast Redevelopment
Area TIF funds will represent about 50 percent of the total expenditures It should be
noted that none of the other funding sources includes money from the General Fund
The following table presents a more detailed breakdown of the current project funding
j ` ��00
October 12 2007
Page 2
FY 07/08 FY 08/09 Pre 07/08
Project TIF Other TIF Other TIF Other
Atlanta $688 300 $1 505 900 $300 000 $215 500
Widentn
Heil Widening $885 000 $650 000 $0 $0 $1 707 200 $1 957 500
Traffic Signal $1 163 800 $585 700 $370 000 $185 000 $905 000 $185 000
Installation and
Mods
Newland $0 $0 $0 $0 $2 825 000* $0
Widening
Total $5 562 100 $2 741 600 1 $670 000 $400 500 $2 612 200 $2 142 500
Total TIF $8 844 300
Total Other $5 284 600
* The Newland Widening project is a Redevelopment Area project that will be repaid back to the TIF
fund through tax increment with a repayment schedule still to be determined
A primary component of each of the projects in the CIP is the enhancement of street
capacity The three street widening projects provide significant street capacity
enhancement and address areas where bottlenecks currently exist The Heil Widening
project helps to address significant capacity limitations at the intersection of Beach
Boulevard and Heil Avenue and develop a consistent street cross section along Heil
Avenue from the intersection to the west The September 2000 Transportation System
Needs Analysis the supporting technical document for the current TIF program
identified the intersection of Beach Boulevard and Heil as a location that was expected
to experience significant congestion in future years as a result of development and
traffic growth Recent development processing specifically the Lowes project on
Warner Avenue identified the intersection of Beach/Heil as one that would experience
significant adverse traffic impacts as a result of the development and other traffic
growth Lowes fair share contribution towards these impacts was satisfied through
payment of the appropriate traffic impact fee for the project
Overall staff has approached prioritization of the use of TIF funds for qualifying projects
through consideration of 4 basic criteria
1 Urgency of need for improvement
2 Availability of other contributing funds for the project
3 Feasibility of timely completion of the project
4 Community desire for the project
The traffic signal installation and modification project generally have a subjectively
higher rating in criteria 1 3 and 4 While the widening projects have historically fared
better in being awarded competitive grant funds through Measure M The current
Capital Improvement Program use of TIF funds reflects staff s best efforts to balance
these criteria in addressing current and future traffic needs in a manner consistent with
the outlined requirements fo, the TIF program requirements
RS/TH cc