HomeMy WebLinkAboutAgreement Between the City of Huntington Beach and Edith K. CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY 1990
CHICAGO TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE
INSURANCE COMPANY,a Missouri corporation,herein called the Company,insures,as of Date of Policy shown
in Schedule A,against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or
incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the tide;
3. Uninarketability of the title;
4. Lack of a right of access to and from the land;
and in addition, as to an insured lender only:
5. The invalidity or unenforceability of the lien of the insured mortgage upon the title;
6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being
shown in Schedule B in the order of its priority;
7. The invalidity or unenforceability of any assignment of the insured mortgage,provided the assignment
is shown in Schedule B,or the failure of the assignment shown in Schedule B to vest title to the insured
mortgage in the named insured assignee free and clear of all liens.
The Company will also pay the costs,attorneys'fees and expenses incurred in defense of the title or the lien of the
insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations.
In Witness Whereof,CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
of Date of Policy shown in Schedule A,the policy to become valid when countersigned by an authorized signatory.
Issued by:
CHICAGO TITLE
535 N.BRAND BOULEVARD,4TH FLOOR GLENDALE,CA 91203 CHICAGO TITLE INSURANCE COMPANY
(800) 880-9124 By:
President
ATTEST:
Secre
tary
Reorder Form No.8223(Reprinted 10/00) CLTA Standard Coverage Policy-1990
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 12/17/07 DEPARTMENT ID NUMBER: ED 07-52
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 142-103-05) is one of seven parcels that is required for this
project, four of which only require partial acquisitions. 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.
Award of the project construction contract is estimated for June 2008 with construction
scheduled to begin shortly thereafter. A map showing the subject property is attached as
Attachment 2.
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):
o - a - . i - o 0
1. Agreement for Acquisition of Real Property (Escrow Instructions)
between the City of Huntington Beach and Edith K. Fredriksen for the
real property located at 7802 Alhambra Avenue.
2. Plat Map.
-2- 11/26/2007 4:20 PM
ATTACHMENT # 1
APN: 142-103-05
TITLE REPORT NO: 73808090-M08
PROJECT: HEILAVENUE WIDENING PROJECT
AGREEMENT FOR ACQUISITION OF REAL PROPERTY
(ESCROW INSTRUCTIONS)
THIS AGREEMENT is entered into this a day of �ECE»t�� , 2007 by and between the City
of Huntington Beach, a Municipal Corporation (hereinafter called "City")and Edith K. Fredriksen, a
widow(hereinafter called"Seller")for acquisition by City of certain real property hereinafter set forth.
IT IS HEREBY MUTUALLYAGREED BETWEEN THE PARTIES AS FOLLOWS:
1. AGREEMENT TO SELLAND 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, 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 EXHIBIT"A"ATTACHED HERETO
AND BY THIS REFERENCE MADE APART HEREOF
2. PURCHASE PRICE. The total purchase price, payable in cash through escrow,shall be the
sum of
Six Hundred Eighty Thousand Dollars
($680,000.00)
3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to the City marketable
fee simple title to the Property free and clear of all recorded and unrecorded liens, encumbrances,
assessments, easements, leases, and taxes EXCEPT:
A. Taxes: 2006-2007
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 NONE of the above numbered title report issued by Chicago Title
Company dated July 26, 2007.
4. TITLE INSURANCE POLICY. Escrow Agent shall, following recording of deed to City,
provide City with CLTA Standard Coverage Policy of Title Insurance in the amount of$680,000.00
issued by Chicago Title Company showing the title to the property vested in City of Huntington
Beach, subject only to the exceptions set forth in Paragraph 3 and the printed exceptions and
stipulations in said policy.Authority agrees to pay the premium charged therefore.
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 do all acts necessary to close this escrow in the shortest
possible time.
Seller shall execute and hand a deed to Escrow Agent, concurrently with this Agreement. As soon
as possible 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
Page 1 of 6
Seller agree to deposit with Escrow Agent any additional instruments as may be necessary to
complete this transaction.
Insurance policies for fire or casualty are not to be transferred, and Seller may cancel his own
policies after close of escrow.
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.
ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLYWITH THE FOLLOWING
TAX ADJUSTMENT PROCEDURE:
A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and interest
thereon,and for any delinquent or non-delinquent assessments or bonds against the
property;
B. In the event this escrow closes between July 1 and November 1, and current tax
information is not available from title insurer, Escrow Agent is instructed to withhold
from Seller's proceeds an amount equal to 120% of the prorated amount due based
upon the previous fiscal year's second half tax bill. At such time that the tax
information is available, Escrow Agent shall pay to the County Tax Collector for
Seller's prorated portion of taxes and shall refund any difference to the Seller. In the
event the amount withheld is not sufficient to pay Seller's prorated portion of taxes
due, the Seller herein agrees to immediately pay the difference;
C. From the date that tax information is available, up to and including June 30th,
Seller's current taxes, if unpaid, shall be prorated to date of close of escrow on the
basis of a 365 day year in accordance with Tax Collector's proration requirements,
together with penalties and interest, if said current taxes are unpaid after December
10 and/or April 10. At close of escrow, Escrow Agent shall pay to the County Tax
Collector for Seller's prorata portion of taxes;
D. Any taxes which have been paid by Seller, prior to opening of this escrow, shall not
be prorated between the City and Seller, but Seller shall have the sole right, after
close of escrow, to apply to the County Tax Collector of said county for refund. This
refund would apply to the period after City's acquisition, pursuant to Revenue and
Taxation Code Section 5096.7.
ESCROW AGENT IS AUTHORIZED TO,AND SHALL:
E. 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;
F. Pay and charge City for any escrow fees, charges, and costs payable under
Paragraph 6 of this Agreement;
G. Disburse funds and deliver deed when conditions of this escrow have been fulfilled
Page 2 of 6
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 instructions must
be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSEAS SOON
AS POSSIBLE. If (except for deposit of money by the City, which shall be made by the City upon
demand of Escrow Agent before close of escrow) this escrow is not in condition to close within 60
days from date of these instructions, any party who then shall have fully complied with his
instructions may, in writing, demand the return of his money or property; but if none have complied
no demand for return thereof shall be recognized until five (5) days after Escrow Agent shall have
mailed copies of such demand to all other parties at the respective addresses shown in these
escrow instructions, and if any objections are raised within said five(5)day period, Escrow Agent is
authorized to hold all papers and documents until instructed by a court of competent jurisdiction or
mutual instructions. If no demands are made, proceed with closing of this escrow as soon as
possible.
Responsibility for Escrow Agent under this Agreement is expressly limited to Paragraphs 1, 2, 3,4,
5, 6, 8, 9 and 17 to its liability under any policy of title insurance issued in regard to this transaction.
6. ESCROW FEES, CHARGES AND COSTS. City agrees to pay all City's and Seller's usual
fees, charges, and costs which arise in this escrow.
7. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to City, or its authorized
agents, permission to enter upon the Property at all reasonable times prior to close of escrow for the
purpose of making necessary or appropriate inspections.
8. 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.
9. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of Seller's
statement to City and to Overland, Pacific&Cutler, Inc., 10 Hughes, Suite A-207, Irvine, California
92618; purpose being to ascertain if any reimbursements are due Seller.
10. LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the real property or any
improvements thereon, by fire or other casualty, occurring prior to the recordation of the Deed shall
be at the risk of Seller. In the event that loss or damage to the real property or any improvements
thereon, by fire or other casualty, occurs prior to the recordation of the Deed, City may elect to
require that the Seller pay the City the proceeds of any insurance which may become payable to
Seller by reason thereof, or to permit such proceeds to be used for the restoration of the damage
done, or to reduce the total price by an amount equal to the diminution in value of said property by
reason of such loss or damage or the amount of insurance payable to Seller, whichever is greater.
Page 3 of 6
11. 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 attorney's fees, costs, disbursements, and expenses incurred in connection
therewith.
12. POSSESSION OF REAL PROPERTY AND DISPOSITION OF SELLER'S FURNITURE.
Actual and legal possession of real property shall be given to City upon the recording of Seller's
deed.All Seller's furniture and furnishings shall remain the property of Seller and Seller shall have
the right at any time to remove or otherwise dispose of all or any portion of same, provided that all
tenants occupying the premises at the time Seller's deed is recorded shall be entitled to continue to
use the furniture and furnishings then being used by them until they vacate each of their respective
apartments or living spaces, and provided that within ten (10) days after notice from City that the
premises have been vacated, Seller will remove or otherwise dispose of all such furniture and
furnishings. All furniture and furnishings remaining on the premises after ten (10)days shall become
the property of the City and City may dispose of same without liability as it alone sees fit. City shall
not be liable for any loss of or damage to said furniture or furnishings, regardless of when such loss
or damage occurs.
13. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER. Seller hereby
warrants, represents, and/or covenants to City that:
A. To the best of Seller's 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 maintain the property in good condition and state of
repair and maintenance, and shall perform all of its obligations under any service
contracts or other contracts affecting the property..
D. Until the closing, Seller shall not do anything which would impair Seller's title to any
of the property.
E. All utilities including gas, electricity, water, sewage, and telephone, are available to
the property, and to the best of Seller's knowledge, all such items are in good
working order.
F. To the best of Seller's 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
Page 4 of 6
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees
or expenses which arise by reason of:
1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restrict-
ing,regulating,prohibiting or relating to(1)the occupancy,use,or enjoyment of the land;(it)the character,dimensions or location of any
Improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or(iv)environmental protection, or the effect of any violation of these laws,ordinances or
governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the Insured claimant;
(b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;or
(a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the
estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of
arty subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the
interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS mortgage to be released from the obligation to purchase by virtue of a contrac-
The following terms when used in this policy mean: tual condition requiring the delivery of marketable title.
(a)"insured":the insured named in Schedule A,and,subject to any rights 2• CONTINUATION OF INSURANCE
or defenses the Company would have had against the named insured,those (a)After Acquisition of Title by Insured Lender.If this policy insures the
who succeed to the interest of the named insured by operation of law as owner of the indebtedness secured by the insured mortgage,the coverage of
distinguished from purchase including,but not limited to,heirs,distributees, this policy shall continue in force as of Date of Policy in favor of(i)such insured
devisees, survivors, personal representatives, next of kin, or corporate or who acquires all or any part of the estate or interest in the land by foreclosure,
fiduciary successors.The term"insured"also includes trustee's sale,conveyance in lieu of foreclosure,or other legal manner which
(i)the owner of the indebtedness secured by the insured mortgage and discharges the lien of the insured mortgage;(ii)a transferee of the estate or
each successor in ownership of the indebtedness except a successor who is interest so acquired from an insured corporation,provided the transferee is
an obligor under the provisions of Section 12(c) of these Conditions and the parent or wholly-owned subsidiary of the insured corporation,and their
Stipulations(reserving,however,all rights and defenses as to any successor corporate successors by operation of law and not by purchase,subject to any
that the Company would have had against any predecessor insured,unless rights or defenses the Company may have against any predecessor insureds;
the successor acquired the indebtedness as a purchaser for value without and (iii) any governmental agency or governmental instrumentality which
knowledge of the asserted defect,lien,encumbrance,adverse claim or other acquires all or any part of the estate or interest pursuant to a contract of
matter insured against by this policy as affecting title to the estate or interest in insurance or guaranty insuring or guaranteeing the indebtedness secured by
the land); the insured mortgage.
(ii)any governmental agency or governmental instrumentality which is an (b)After Conveyance of Title by an Insured.The coverage of this policy
insurer or guarantor under an insurance contract or guaranty insuring or shall continue in force as of Date of Policy in favor of an insured only so long as
guaranteeing the indebtedness secured by the insured mortgage,or any part the insured retains an estate or interest in the land,or holds an indebtedness
thereof,whether named as an insured herein or not; secured by a purchase money mortgage given by a purchaser from the
(iii)the parties designated in Section 2(a)of these Conditions and Stipula- insured,or only so long as the insured shall have liability by reason of cove-
tions. nants of warranty made by the insured in any transfer or conveyance of the
(b)"insured claimant":an insured claiming loss or damage. estate or interest.This policy shall not continue in force in favor of any pur-
(c)"insured lender":the owner of an insured mortgage. chaser from an insured of either(i)an estate or interest in the land,or(ii)an
d `insured mortgage":ig g a mortgage e shown in Schedule B,the owner of indebtedness secured by a purchase money mortgage given to an insured.
( ) (c)Amount of Insurance.The amount of insurance after the acquisition or
which is named as an insured in Schedule A.(e)"knowledge"or"known": actual knowledge, not constructive knowl- after the conveyance by an insured lender shall in neither event exceed the
least of:
edge or notice which may be imputed to an insured by reason of the public (i)the amount of insurance stated in Schedule A;
records as defined in this policy a any other records which impart construe- (ii)the amount of the principal of the indebtedness secured by the insured
five notice": he lane affecting the land. mortgage as of Date of Policy, interest thereon, expenses of foreclosure,
(n"land":the land described w referred to is Schedule A,and improve- amounts advanced pursuant to the insured mortgage to assure compliance
menu affixed thereto which by law constitute real property.The term"land" with laws or to protect the lien of the insured mortgage prior to the time of
does not include any property beyond the lines of the area described or acquisition of the estate or interest in the land and secured thereby and
referred t in Schedule nor any right,title,interest,estate or easement in reasonable amounts expended to prevent deterioration of improvements,but
abutting streets,
avenues,roads,avenues,alleys,lanes,ways or waterways,but noth- reduced by the amount of all payments made;or
ing herein shall modify or limit the extent to which a right of access to and from (iii)the amount aid b an governmental agency or governmental instru-
the land is insured by this policy. p y y g g y
"mortgage": mortgage, deed of trust, trust deed, or other security mentality,if the agency or instrumentality is the insured claimant,in the acqui-
(g) ty sition of the estate or interest in satisfaction of its insurance contract or guar-
instrument. anty.
(h)"public records": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
real property to purchasers for value and without knowledge. An insured shall notify the Company promptly in writing(i)in case of any
(i)"unmarketability of the title":an alleged or apparent matter affecting the litigation as set forth in Section 4(a)below,(ii)in case knowledge shall come to
title to the land,not excluded or excepted from coverage,which would-entitle a = an insured hereunder of any claim of title or interest which is adverse to the
purchaser of the estate or interest described in Schedule A or the insured title to the estate or interest or the lien of the insured mortgage,as insured,and
California Land Title Association Owner's Policy
SCHEDULE A
Amount of Insurance: $6 8 0,0 0 0.0 0 Policy No. 76083715 A4 3
Date of Policy: FE13RUARY 7, 2008 at 8.0 0 AM Premium: $1, 8 91.0 0
1. Name of Insured:
CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION
2. The estate or interest in the land which is covered by this policy is:
A FEE
3. Title to the estate or interest in the land is vested in:
CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION
4. The land referred to in this policy is situated in the County of ORANGE ,State of
California and is described as follows:
THE EAST 1/2 OF LOT 3, BLOCK "C", OF TRACT NO. 522, IN THE CITY OF HUNTINGTON
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE
49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
This Policy valid only if Schedule B is attached.
CLTAOA88--03/24/03 AA
California Land Title Association Owner's Policy
Your Ref:
Policy No. 76083715 A43
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which
arise by reason of:
PART
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not
shown by the records of such agency or by the public records.
2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons in possession thereof.
3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records.
4. Descrepancies,conflicts in boundary lines,shortage in area,encroachments or any other facts which a correct survey
would disclose,and which are not shown by the public records.
5. (a)Unpatened mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)
water rights,claims or title to water,whether or not the matters under excepted(a), (b) or(c) are shown by the public
records
PART II
u 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED
FOR THE FISCAL YEAR 2008-2009 THAT ARE A LIEN NOT YET DUE.
v 2. SECOND INSTALLMENT GENERAL AND SPECIAL COUNTY AND CITY TAXES FOR THE FISCAL
YEAR 2007-2006, IN THE AMOUNT OF $286.14
B 3 . THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY,
MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER
3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE
AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF
TITLE TO THE VESTEE NAMED IN SCHEDULE Ap OR AS A RESULT OF CHANGES IN
OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY.
c 4 . WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC
RECORDS.
D 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET
FORTH IN A DOCUMENT
PURPOSE: RIGHT OF WAY FOR AND TO CONSTRUCT IRRIGATION OR DRAINAGE
DITCHES THROUGH SAID TRACT TO IRRIGATE OR DRAIN THE
ADJACENT LAND
RECORDED: SEPTEMBER 4, 1923, IN BOOK 486, PAGE 295, OF DEEDS
AFFECTS: SAID LAND
CLTA0888--08/21/06 AA
Policy No. 76083715 -A43 .
Page 1
SCHEDULE B (CONT.)
Part II
E 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
PURPOSE: PUBLIC UTILITIES
RECORDED: NOVEMBER 18, 1932, IN BOOK 582, PAGE 356, OFFICIAL
RECORDS
AFFECTS: ALONG THE REAR 5 FEET OF SAID LAND
F 7. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING THEREFROM ANY COVENANT
OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL
STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID
COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES
CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST
HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT.
RECORDED: NOVEMBER 18, 1932, IN BOOK 582, PAGE 356, OFFICIAL
RECORDS
c SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION
THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN
GOOD FAITH AND FOR VALUE.
H END OF SCHEDULE B
CLTA88C--12/16/88
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TRA C T NO. 522 M.M. 19-49
PARCEL MAP P.M. 44-43, 48-48, 88-30
MARCH 1962 PARCEL MAP, P.M. 110-27, 116-10, 156744 NOTE- ASSESSOR'S BLOCK R ASSESSOR'S MAP
P.M. 202-20, 264-25, 297-03 PARCEL NUMBERS 800K 142 PAGE 10
PARCEL MAP SHOWN IN CIRCLES
COUNTY OF ORANGE
0
which might cause loss or damage for which the Company may be liable by from third parties as required in this paragraph,unless prohibited by law or
virtue of this policy, or(iii)if title to the estate or interest or the lien of the governmental regulation,shall terminate any liability of the Company under
insured mortgage,as insured,is rejected as unmarketable.If prompt notice this policy as to that insured for that claim.
shall not be given to the Company,then as to that insured all liability of the 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION
Company shall terminate with regard to the matter or matters for which prompt OF LIABILITY
notice is required;provided,however,that failure to notify the Company shall
in no case prejudice the rights of any insured under this policy unless the In case of a claim under this policy,the Company shall have the following
Company shall be prejudiced by the failure and then only to the extent of the additional options:
prejudice. (a)To Pay or Tender Payment of the Amount of Insurance or to
Purchase the Indebtedness.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED (i)to pay or tender payment of the amount of insurance under this policy
CLAIMANT TO COOPERATE together with any costs,attorneys'fees and expenses incurred by the insured
(a)Upon written request by an insured and subject to the options contained claimant,which were authorized by the Company,up to the time of payment or
in Section 6 of these Conditions and Stipulations,the Company, at its own tender of payment and which the Company is obligated to pay;or
cost and without unreasonable delay,shall provide for the defense of such (ii)in case loss or damage is claimed under this policy by the owner of the
insured in litigation in which any third party asserts a claim adverse to the title indebtedness secured by the insured mortgage,to purchase the indebted-
or interest as insured,but only as to those stated causes of action alleging a ness secured by the insured mortgage for the amount owing thereon together
defect,lien or encumbrance or other matter insured against by this policy.The with any costs,attorneys'fees and expenses incurred by the insured claimant
Company shall have the right to select counsel of its choice(subject to the which were authorized by the Company up to the time of purchase and which
right of such insured to object for reasonable cause)to represent the insured the Company is obligated to pay.
as to those stated causes of action and shall not be liable for and will not pay If the Company offers to purchase the indebtedness as herein provided,the
the fees of any other counsel.The Company will not pay any fees,costs or owner of the indebtedness shall transfer,assign,and convey the indebted-
expenses incurred by the insured in the defense of those causes of action ness and the insured mortgage,together with any collateral security,to the
which allege matters not insured against by this policy. Company upon payment therefor.
(b)The Company shall have the right, at its own cost, to institute and Upon the exercise by the Company of the option provided for in paragraph
prosecute any action or proceeding or to do any other act which in its opinion a(i),all liability and obligations to the insured under this policy,other than to
may be necessary or desirable to establish the title to the estate or interest or make the payment required in that paragraph,shall terminate,including any
the lien of the insured mortgage,as insured,or to prevent or reduce loss or liability or obligation to defend,prosecute,or continue any litigation,and the
damage to the insured.The Company may take any appropriate action under policy shall be surrendered to the Company for cancellation.
the terms of this policy,whether or not it shall be liable hereunder,and shall not Upon the exercise by the Company of the option provided for in paragraph
thereby concede liability or waive any provision of this policy.If the Company a(ii)the Company's obligation,to an insured lender under this policy for the
shall exercise its rights under this paragraph,it shall do so diligently. claimed loss or damage,other than the payment required to be made,shall
(c)Whenever the Company shall have brought an action or interposed a terminate,including any liability or obligation to defend,prosecute or continue
defense as required or permitted by the provisions of this policy,the Company any litigation.
may pursue any litigation to final determination by a court of competent juris- (b)To Pay or Otherwise Settle With Parties Other than the Insured or
diction and expressly reserves the right,in its sole discretion,to appeal from With the Insured Claimant.
any adverse judgment or order. (i)to pay or otherwise settle with other parties for or in the name of an
(d)In all cases where this policy permits or requires the Company to prose- insured claimant any claim insured against underthis policy,together with any
cute or provide for the defense of any action or proceeding,an insured shall costs,attorneys'fees and expenses incurred by the insured claimant which
secure to the Company the right to so prosecute or provide defense in the were authorized by the Company up to the time of payment and which the
action or proceeding,and all appeals therein,and permit the Company to use, Company is obligated to pay;or
at its option,the name of such insured for this purpose.Whenever requested (ii)to pay or otherwise settle with the insured claimant the loss or damage
by the Company,an insured,at the Company's expense,shall give the Com- provided for under this policy,together with any costs, attorneys' fees and
pany all reasonable aid(i) in any action or proceeding,securing evidence, expenses incurred by the insured claimant which were authorized by the
obtaining witnesses, prosecuting or defending the action or proceeding,or Company up to the time of payment and which the Company is obligated to
effecting settlement,and(ii)in any other lawful act which in the opinion of the pay.
Company may be necessary or desirable to establish the title to the estate or Upon the exercise by the Company of either of the options provided for in
interest or the lien of the insured mortgage, as insured. If the Company is paragraphs(b)(i)or b(ii),the Company's obligations to the insured under this
prejudiced by the failure of an insured to furnish the required cooperation,the policy for the claimed loss or damage,other than the payments required to be
Company's obligations to the insured under the policy shall terminate,includ- made,shall terminate, including any liability or obligation to defend, prose-
ing any liability or obligation to defend,prosecute,or continue any litigation, cute or continue any litigation.
with regard to the matter or matters requiring such cooperation.
S. PROOF OF LOSS OR DAMAGE 7. DETERMINATION AND EXTENT OF LIABILITY
In addition to and after the notices required under Section 3 of these Condi- This policy is a contract of indemnity against actual monetary loss or dam-
agetions and Stipulations have been provided the Company, a proof of loss or sustained or incurred by the insured claimant who has suffered loss or
damage signed and sworn to by the insured claimant shall be furnished to the damage reason matters insured against by this policy and only to the
Company within 90 days after the insured claimant shall ascertain the facts extent herein
in described.
giving rise to the loss or damage.The proof of loss or damage shall describe (a)The liability the Company under this policy to an insured lender shall
the defect in, or lien or encumbrance on the title, or other matter insured not exceed the least
t of:
against by this policy which constitutes the basis of loss or damage and shall (i)the Amount of Insurance stated in Schedule A, or, if applicable, the
state,to the extent possible,the basis of calculating the amount of the loss or amount of insurance as defined in Section 2 (c) of these Conditions and
damage.If the Company is prejudiced by the failure of an insured claimant to Stipulations;
provide the required proof of loss or damage,the Company's obligations to (ii)the amount of the unpaid principal indebtedness secured by the
such insured under the policy shall terminate,including any liability or obliga- insured mortgage as limited or provided under Section 8 of these Conditions
tion to defend,prosecute,or continue any litigation,with regard to the matter and Stipulations or as reduced under Section 9 of these Conditions and
or matters requiring such proof of loss or damage. Stipulations, at the time the loss or damage insured against by this policy
In addition,an insured claimant may reasonably be required to submit to occurs,together with interest thereon;or
ui the difference between the value of the insured estate or interest as
examination under oath by any authorized representative of the Company subject to the defect,1 insured and the value of the insured estate or interest subj
and shall produce for examination,inspection and copying,at such reason-
able times and places as may be designated by any authorized representative lien or encumbrance insured against by this policy.
of the Company, all records, books, ledgers, checks, correspondence and (b)In the event the insured lender has acquired the estate or interest in the
memoranda, whether bearing a date before or after Date of Policy, which manner described in Section 2(a)of these Conditions and Stipulations or has
reasonably pertain to the loss or damage.Further,if requested by any author- conveyed the title,then the liability of the Company shall continue as set forth
ized representative of the Company,the insured claimant shall grant its per- in Section 7(a)of these Conditions and Stipulations.
mission,in writing,for any authorized representative of the Company to exam- (c)The liability of the Company under this policy to an insured owner of the
ine, inspect and copy all records,books, ledgers,checks, correspondence estate or interest in the land described in Schedule A shall not exceed the
and memoranda in the custody or control of a third party,which reasonably least of:
pertain to the loss or damage.All information designated as confidential by an (i)the Amount of Insurance stated in Schedule A;or,
insured claimant provided to the Company pursuant to this Section shall not (ii)the difference between the value of the insured estate or interest as
be disclosed to others unless,in the reasonable judgment of the Company,it insured and the value of the insured estate or interest subject to the defect,
is necessary in the administration of the claim.Failure of an insured claimant lien or encumbrance insured against by this policy.
to submit for examination under oath, produce other reasonably requested (d)The Company will pay only those costs,attorneys'fees and expenses
information or grant permission to secure reasonably necessary information incurred in accordance with Section 4 of these Conditions and Stipulations.
8. LIMITATION OF LIABILITY insured claimant,the Company shall be subrogated(i)as to an insured owner,
(a)If the Company establishes the title,or removes the alleged defect,lien to all rights and remedies in the proportion which the Company's payment
or encumbrance,or cures the lack of a right of access to or from the land,or bears to the whole amount of loss;and(ii)as to an insured lender,to all rights
cures the claim of unmarketability of title,or otherwise establishes the lien of and remedies of the insured claimant after the insured claimant shall have
the insured mortgage,all as insured,in a reasonably diligent manner by any recovered its principal,interest,and costs of collection.
method, including litigation and the completion of any appeals therefrom, it If loss should result from any act of the insured claimant,as stated above,
shall have fully performed its obligations with respect to that matter and shall that act shall not void this policy, but the Company, in that event, shall be
not be liable for any loss or damage caused thereby. required to pay only that part of any losses insured against by this policy which
(b)In the event of any litigation,including litigation by the Company or with shall exceed the amount,if any,lost to the Company by reason of the impair-
the Company's consent,the Company shall have no liability for loss or dam- ment by the insured claimant of the Company's right of subrogation.
age until there has been a final determination by a court of competent jurisdic- (b)The Insured's Rights and Limitations.
tion,and disposition of all appeals therefrom,adverse to the title or,if applica- Notwithstanding the foregoing,the owner of the indebtedness secured by
ble,to the lien of the insured mortgage,as insured. an insured mortgage;provided the priority of the lien of the insured mortgage
(c)The Company shall not be liable for loss or damage to any insured for or its enforceability is not affected, may release or substitute the personal
liability voluntarily assumed by the insured in settling any claim or suit without liability of any debtor or guarantor,or extend or otherwise modify the terms of
the prior written consent of the Company. payment, or release a portion of the estate or interest from the lien of the
(d)The Company shall not be liable to an insured lender for:(i)any indebt- insured mortgage,or release any collateral security for the indebtedness.
edness created subsequent to Date of Policy except for advances made to When the permitted acts of the insured claimant occur and the insured has
protect the lien of the insured mortgage and secured thereby and reasonable knowledge of any claim of title or interest adverse to the title to the estate or
amounts expended to prevent deterioration of improvements;or(ii)construc- interest or the priority or enforceability of the lien of the insured mortgage,as
tion loan advances made subsequent to Date of Policy,except construction insured,the Company shall be required to pay only that part of any losses
loan advances made subsequent to Date of Policy for the purpose of financing insured against by this policy which shall exceed the amount,if any,lost to the
in whole or in part the construction of an improvement to the land which at Company by reason of the impairment by the insured claimant of the Compa-
Date of Policy were secured by the insured mortgage and which the insured ny's right of subrogation. ,
was and continued to be obligated to advance at and after Date of Policy. (c)The Company's Rights Against Non-insured Obligors.
9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF The Company's right of subrogation against non-insured obligors shall
LIABILITY exist and shall include,without limitation,the rights of the insured to indem-
(a)All payments under this policy,except payments made for costs,attor- nities,guaranties,other policies of insurance or bonds,notwithstanding any
neys'fees and expenses,shall reduce the amount of the insurance pro tanto. terms or conditions contained in those instruments which provide for subroga-
However,as to an insured lender,any payments made prior to the acquisition tion rights by reason of this policy.
of title to the estate or interest as provided in Section 2(a)of these Conditions The Company's right of subrogation shall not be avoided by acquisition of
and Stipulations shall not reduce pro tanto the amount of the insurance an insured mortgage by an obligor(except an obligor described in Section
afforded under this policy as to any such insured except to the extent that the 1(a)(ii)of these Conditions and Stipulations)who acquires the insured mort-
payments reduce the amount of the indebtedness secured by the insured gage as a result of an indemnity,guarantee,other policy of insurance,or bond
mortgage. and the obligor will not be an insured under this policy,notwithstanding Sec-
(b)Payment in part by any person of the principal of the indebtedness,or tion 1(a)(i)of these Conditions and Stipulations.
any other obligation secured by the insured mortgage,or any voluntary partial
satisfaction or release of the'insured mortgage,to the extent of the payment, 13. ARBITRATION
satisfaction or release,shall reduce the amount of insurance pro tanto.The Unless prohibited by applicable law,either the Company or the insured may
amount of insurance may thereafter be increased by accruing interest and demand arbitration pursuant to the Title insurance Arbitration Rules of the
advances made to protect the lien of the insured mortgage and secured American Arbitration Association.Arbitrable matters may include,but are not
thereby,with interest thereon,provided in no event shall the amount of insur- limited to,any controversy or claim between the Company and the insured
ance be greater than the Amount of Insurance stated in Schedule A. arising out of or relating to this policy,any service of the Company in connec-
(c)Payment in full by any person or the voluntary satisfaction or release of tion with its issuance or the breach of a policy provision or other obligation.All
the insured mortgage shall terminate all liability of the Company to an insured arbitrable matters when the Amount of Insurance is$1,000,000 or less shall
lender except as provided in Section 2(a)of these Conditions and Stipula- be arbitrated at the option of either the Company or the insured.All arbitrable
tions. matters when the Amount of Insurance is in excess of$1,000,000 shall be
10. LIABILITY NONCUMULATIVE arbitrated only when agreed to by both the Company and the insured.Arbitra-
It is expressly understood that the amount of insurance under this policy tion pursuant to this policy and under the Rules in effect on the date the
shall be reduced b an amount the Company may demand for arbitration is made or,at the option of the insured,the Rules in
y y p y y pay under any policy effect at Date of Policy shall be binding upon the parties.The award may
insuring a mortgage to which exception is taken in Schedule B or to which the include attorneys'fees only if the laws of the state in which the land is located
insured has agreed, assumed, or taken subject, or which is hereafter exe- permit a court to award attorneys'fees to a prevailing party.Judgment upon
cuted by an insured and which is a charge or lien on the estate or interest the award rendered by the Arbitrator(s)may be entered in any court having
described or referred to in Schedule A, and the amount so paid shall be jurisdiction thereof.
deemed a payment under this policy to the insured owner. The law of the situs of the land shall apply to an arbitration under the Title
The provisions of this Section shall not apply to an insured lender,unless Insurance Arbitration Rules.
such insured acquires title to said estate or interest in satisfaction of the A co of the Rules may be obtained from the Company q
indebtedness secured by an insured mortgage. copy Y pany upon request.
11. PAYMENT OF LOSS 14. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT
(a)No payment shall be made without producing this policy for endorse- (a)This policy together with all endorsements,if any,attached hereto by the
ment of the payment unless the policy has been lost or destroyed,in which Company is the entire policy and contract between the insured and the Com-
case proof of loss or destruction shall be furnished to the satisfaction of the pany.In interpreting any provision of this policy,this policy shall be construed
Company. as a whole.
(b)When liability and the extent of loss or damage has been definitely fixed (b)Any claim of loss or damage,whether or not based on negligence,and
in accordance with these Conditions and Stipulations, the loss or damage which arises out of the status of the lien of the insured mortgage,or of the title
shall be payable within 30 days thereafter. to the estate or interest covered hereby,or by any action asserting such claim
12. SUBROGATION UPON PAYMENT OR SETTLEMENT shall be restricted to this policy.
(a)The Company's Right of Subrogation. (c)No amendment of or endorsement to this policy can be made except by
Whenever the Company shall have settled and paid a claim under this a writing endorsed hereon or attached hereto signed by either the President,a
policy,all right of subrogation shal(vest in the Company unaffected by any act Vice President,the Secretary,an Assistant Secretary,or validating officer or
of the insured claimant. authorized signatory of the Company.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or 15. SEVERABILITY
property in respect to the claim had this policy not been issued.If requested by In the event any provision of this policy is held invalid or unenforceable
the Company,the insured claimant shall transfer to the Company all rights under applicable law,the policy shall be deemed not to include that provision
and remedies against any person or property necessary in order to perfect and all other provisions shall remain in full force and effect.
this right of subrogation.The insured claimant shall permit the Company to
sue,compromise or settle in the name of the insured claimant and to use the 16. NOTICES,WHERE SENT
name of the insured claimant in any transaction or litigation involving these All notices required to be given the Company and any statement in writing
rights or remedies. required to be furnished the Company shall include the number of this policy
If a payment on account of a claim does not fully cover the loss of the and shall be addressed to the Company at the issuing office or to:
Chicago Title Insurance Company
National Claims Administration
P.O.Box 45023
Jacksonville,Florida 32232-5023
Council/Agency Meeting Held:
Deferred/Continued to:
Appr ved ❑ Conditionally Approved ❑ Denied Cl Cler c Sig a re
Council Meeting Date: 12/17/07 Department ID Number: ED 07-52
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PENkP—E CU BRETH-G F , DPAjCrrY ADMINISTRATOR
PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEV LOPMENTSO�
TRAVIS K. HOPKINS, PE, ACTING DIRECT OF PUB C WORKS-
ENGINEERING
SUBJECT: APPROVE HEIL AVE. WIDENING IMPROVEMENT PROJECT LAND
PURCHASE (7802 Alhambra Avenue)
Statement ofissue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: An agreement in the amount of $680,000, along with escrow fees not
to exceed $8,000 with Edith K. Fredriksen for the purchase of her real property at 7802
Alhambra Avenue (APN 142-103-05), is submitted for approval (Attachment #1). 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, Heil Avenue Street
Widening, Land Purchase, Account No. 20690009.81100.
Recommended Action: Motion to:
1. Approve the Agreement for Acquisition of Real Property (Escrow Instructions); and
2. 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 7802 Alhambra Avenue
and direct staff to renegotiate the acquisition terms with Edith K. Fredriksen.
agreement or instrument to which Seller's property may be bound.
G. 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.
14. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous
owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or
disposed of any hazardous waste,toxic substances,or 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 Account Act), (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 underArticle 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 RecoveryAct,42 U.S.C. S6901 et seg.
(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 seg. (42 U.S.C. S9601).
15. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's 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 orfrom,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
Page 5 of 6
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, 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. 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 constitutes said acceptance and approval.
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.
This Agreement contains the entire agreement between both parties; neither party relies upon any
warranty or representation not contained in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set
forth hereinabove.
MAILING ADDRESS OF SELLER SELLER
7802 Alhambra Avenue Z;�-M
Huntington Beach, CA
Edith K. Fredriksen
MAILING ADDRESS OF CITY CITY
2000 Main Street City of Huntington Beach,a Municipal Corporation
Huntington Beach, CA 92648
Approved:
��
Mayor
�1
i Clerk
la J)9/,W7--
Date
Approved As to Form:
� 7-1 V7
Date
Page 6 of 6
6
( ` EXHIBIT
LEGAL J DESCRIPTION
ION
EAST ONE-HALF OF LOT 3 IN BLOCK C, OF TRACT 522, IN THE CITY OF HUNTINGTON
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
19 PAGE 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
ATTACHMENT #2
4R£D FOR ORANGE 1
_ EPT. PURPOSES ONY>. 1 4 2- 1 O
S NO CUARAWEE AS TO
ASSU,IES ANY L OABIL l T r ..
NOT TO BE REPRODUCED. - -
C COUNTY ASSESSOR?000
1 09
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17 �TRACT NO. 5?? M.M. 19-49 '
PARCEL MAP P.M. 44-43. 48-48, 88-30
PARCEL MAP P.M. 110?7. 116-10, 156-44 NOTE - ASSESSOR'S BLOCK 8 ASSESSOR'S MAP
6? PARCEL NUMBERS BOOK 142 PAGE 10
PARCEL MAP P.M. ?OP?O. ?64?5. ?97-03 SHOWN IN CIRCLES
COUNTY OF ORANGE
RCA ROUTING SHEET
INITIATING DEPARTMENT: Economic Development Department
SUBJECT: Approve Heil Ave. Widening Improvement Project Land
Purchase (7802 Alhambra Avenue)
COUNCIL MEETING DATE: December 17, 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. Attached ❑
(Approved as to form by City Attorney) Not Applicable
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
t Applicable
Staff Report (If applicable) Notached
t Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPILAHAT ON FOR 6MWNG ATTACH KENT&
REVIEWED RETURNED FORWARDED
Administrative Staff ( ) )
Deputy City Administrator Initial
City Administrator (Initial) ( ) )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
or City Clqrk's Use •
RCA Author: Krause (ext. 1529)