HomeMy WebLinkAboutApprove and authorize the execution of an Agreement and Escr Dept.ID ED 17-04 Page 1 of 2
Meeting Date:2/6/2017
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 2/6/2017
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Ken Domer, Assistant City Manager
Kellee Fritzal, Deputy Director, Office of Business Development
SUBJECT: Approve and authorize the execution of an Agreement and Escrow Instructions
with Peter Chamie, Trustee, for the purchase of an easement for Street and
Highway purposes over real property located at 7900 Edinger Avenue (APN:
142-081-02, 03)
Statement of Issue:
The City Council is asked to approve and authorize the execution of an Agreement and Escrow
Instructions with Peter Chamie, as Successor Trustee for the purchase of an Easement over the
portion of real property located at 7900 Edinger Avenue, Huntington Beach, in the amount of
$15,200.00 and $2,500.00 in escrow fees.
Financial Impact:
Funds for the acquisition of the easement and escrow expenses have been allocated in the Public
Works Edinger Widening Project Fund No. 20690013.82700.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute "Agreement for Acquisition and
Escrow Instructions" between the City of Huntington Beach and Peter Chamie, as Successor
Trustee of the Denise Chamie Trust, dated August 14, 1970, as to an undivided % interest; Peter
Chamie, as Successor Trustee of the Peter Chamie Trust, dated August 14, 1970, as to an
undivided '/4 interest; and Peter Chamie, Successor Trustee of the Alfred P. Chamie and Elizabeth
Chamie Revocable Trust, dated August 14, 1970, as to an undivided '/2 interest; and,
B) Authorize the Mayor and City Clerk to execute the Agreement for Acquisition and Escrow
Instructions and other related documents; and,
C) Authorize the City Manager to execute any other related title documents.
Alternative Action(s):
Do not approve the Agreement and direct staff accordingly.
Analysis:
One of the City's Capital Improvement Projects (CIP) is the widening of Edinger Avenue. The
project will widen the southerly side of Edinger Avenue, between Parkside Lane and Beach
Boulevard and to lengthen the existing right-turn lane which will assist traffic on Edinger Avenue. In
order to construct the public improvements the City must acquire an easement over 168 square feet
of land owned by the Trust, which is depicted in Attachment A.
Item 8. - 1 HB -98-
Dept.ID ED 17-04 Page 2 of 2
Meeting Date:2/6/2017
All design work for the proposed street improvements consisting of paving, curbs, gutters,
sidewalks, aprons, and landscaping has been completed. The Public Works Department has
advertised the project and is ready to move forward with construction.
Staff recommends approval of the Agreement in furtherance of the Edinger Widening Project.
Environmental Status:
The initial environmental assessment for the Edinger Widening Project was processed and
completed in accordance with the California Environmental Quality Act ("CEQA"). It was determined
that this item will not have any significant environmental effects.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Site Map
2. Agreement for Acquisition and Escrow Instructions
HB -99- Item 8. - 2
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Item 8. - 3 ARBY'S FRONTAGE
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AGREEMENT FOR ACQUISITION
AND ESCROW INSTRUCTIONS
This AGREEMENT FOR ACQUISITION AND ESCROW INSTRUCTIONS
("Agreement") is made and entered into as of this day of 20t6,,W/?and
constitutes an agreement by which Peter Chamie, as Successor Trustee of the Denise Chamie
Trust, dated August 14, 1970, as to a undivided 1/4 interest, Peter Chamie, as Successor Trustee of
the Peter Chamie Trust, dated August 14, 1970, as to a undivided 1/4 interest and Peter Chamie as
Successor Trustee of the Alfred P. Chamie and Elizabeth Chamie Revocable Trust, dated August
14, 1970, as to a undivided 1/2 interest ("Seller") agrees to sell, and the CITY OF HUNTINGTON
BEACH, a California municipal corporation ("Buyer"), agrees to purchase on the terms and
conditions hereinafter set forth:
An easement over a portion of that certain real property described in Exhibit"A" attached
hereto, bearing Orange County Assessor's Parcel Numbers 142-081-02 and 03 ("Property").
The terms and conditions of this Agreement and the instructions to Commonwealth Title
Company ("Escrow Holder") with regard to the escrow ("Escrow") created pursuant hereto are
as follows:
1. Purchase and Sale. For valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Seller agrees to sell the Property to Buyer, and Buyer agrees to
purchase the Property from Seller, upon the terms and conditions herein set forth.
2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be Fifteen
Thousand Two Hundred Dollars ($15,200). This sum shall be full payment for the
Property and for all damages of every kind and nature, including, but not limited to, pre-
condemnation damages, loss of rental income and severance damages suffered, any and
all claims suffered, or to be suffered, by reason of the acquisition of the Property.
3. Acknowledgment of Full Benefits and Release.
a. By execution of this Agreement, Seller, on behalf of itself and its respective
successors and assigns, hereby acknowledges that this Agreement provides full
payment for the acquisition of the Property by Buyer, and Seller hereby expressly
and unconditionally waives any and all claims for damages, relocation assistance
benefits, severance damages, interest, loss of goodwill, claims for inverse
condemnation or unreasonable pre-condemnation conduct, or any other
compensation or benefits, other than as already expressly provided for in this F:
Agreement, it being understood that this is a complete and full settlement of all
acquisition claims, liabilities or benefits of any type or nature whatsoever relating
to or in connection with Buyer's acquisition of the Property.
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b. The parties hereto hereby agree that all rights under Section 1542 of the Civil
Code of the State of California are hereby waived. Civil Code Section 1542
provides as follows:
"A general release does not extend to claims which the creditor
does not know or suspect to exist in his/her favor at the time of
executing the release, which if known by him/her must have
materially affected his/her settlement with the debtor."
Notwithstanding the provisions of Civil Code Section 1542, Seller hereby
irrevocably and unconditionally releases and forever discharges the Buyer and
each and all of its officers, agents, directors, supervisors, employees,
representatives, and its successors and assigns and all persons acting by, through,
under, or in concert with the Buyer from any and all charges, complaints, claims,
and liabilities of any kind or nature whatsoever, known or unknown, suspected or
unsuspected (hereinafter referred to as "claim" or "claims") which Seller at any
time heretofore had or claimed to have or which Seller at any time hereafter may
have or claim to have, including, without limitation, any and all claims related or
in any manner incidental to this transaction.
I HAVE READ AND UNDERSTOOD PARAGRAPH 3
Acknowledgment of Full Benefits and Release.
Seller's Initials 1�G
4. Payment of Purchase Price. The Purchase Price for the Property shall be payable by
Buyer as follows: Upon the Close of Escrow, Buyer shall deposit or cause to be deposited
with Escrow Holder, in cash or by a certified or bank cashier's check made payable to
Escrow Holder or a confirmed wire transfer of funds, the Purchase Price plus or minus
Escrow Holder's estimate of Buyer's closing costs, prorations and charges payable
pursuant to this Agreement. All escrow, recording and title insurance costs to be paid by
Buyer.
5. Escrow.
a. Opening of Escrow. For purposes of this Agreement, the Escrow shall be deemed
opened on the date Escrow Holder shall have received an executed counterpart of
this Agreement from both Buyer and Seller ("Opening Date"). Escrow Holder
shall notify Buyer and Seller, in writing, of the date Escrow is opened and the
Closing Date, as defined in Paragraph 5(b), below. In addition, Buyer and Seller
agree to execute, deliver, and be bound by any reasonable or customary
supplemental escrow instructions of Escrow Holder, or other instruments as may
reasonably be required by Escrow Holder, in order to consummate the transaction
contemplated by this Agreement. Any such supplemental instructions shall not
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conflict with, amend, or supersede any portion of this Agreement. If there is any
inconsistency between such supplemental instructions and this Agreement, this
Agreement shall control.
b. Close of Escrow. For purposes of this Agreement, "Close of Escrow" shall be
defined as the date that the Grant Deed, conveying the Property to Buyer, is
recorded in the Official Records of Orange County, California. This Escrow shall
close within sixty (60) days of the Opening Date ("Closing Date').
6. Conditions of Title. It shall be a condition to the Close of Escrow and a covenant of
Seller that title to the Property shall be conveyed to Buyer by Seller by the Grant Deed,
subject only to the following Approved Conditions of Title ("Approved Condition of
Title"):
a. A lien to secure payment of real estate taxes, not delinquent.
b. The lien of supplemental taxes assessed pursuant to Chapter 3.5, commencing
with Section 75 of the California Revenue and Taxation Code ("Code"), but only
to the extent that such supplemental taxes are attributable to the transaction
contemplated by this Agreement. Seller shall be responsible for, and hereby
indemnifies Buyer and the Property against, any supplemental taxes assessed
pursuant to the Code, to the extent that such taxes relate to events (including,
without limitation, any changes in ownership and/or new construction) occurring
prior to the Close of Escrow.
C. Matters affecting the Approved Condition of Title created by or with the written
consent of Buyer.
d. Exceptions which are disclosed by the Report described in Paragraph 8a(1) hereof
and which are approved or deemed approved by Buyer in accordance with
Paragraph 8a(1) hereof.
Seller covenants and agrees that during the term of this Escrow, Seller will not cause or
permit title to the Property to differ from the Approved Condition of Title described in
this Paragraph 6. Any liens, encumbrances, easements, restrictions, conditions,
covenants, rights, rights-of-way, or other matters affecting the Approved Condition of
Title which may appear of record or be revealed after the date of the Report described in
Paragraph 8a(1) below, shall also be subject to Buyer's approval and must be eliminated
or ameliorated to Buyer's satisfaction by Seller prior to the Close of Escrow as a
condition to the Close of Escrow for Buyer's benefit. Buyer hereby objects to all liens
evidencing monetary encumbrances affecting the Property (other than liens for non-
delinquent property taxes) and Seller agrees to cause all such liens to be eliminated at
Seller's sole cost and expense prior to the Closing Date.
VC
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7. Title Policy. Title shall be evidenced by the willingness of the Title Company to issue its
CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy") in the amount
of the Purchase Price showing title to the Property vested in Buyer subject only to the
Approved Condition of Title.
8. Conditions to Close of Escrow.
a. Conditions to Buyer's Obligations. The Close of Escrow and Buyer's obligation
to consummate the transaction contemplated by this Agreement are subject to the
satisfaction of the following conditions for Buyer's benefit on or prior to the dates
designated below for the satisfaction of such conditions:
(1) Preliminary Title Report and Exceptions. Immediately after escrow is
opened as provided herein, City agrees to cause Commonwealth Title
Company to issue a Preliminary Title Report relating to the Property.
Within fifteen (15) days after escrow has been opened, the City will cause
Commonwealth Title Company to issue an Amendment to Escrow
Instructions, which indicates those title exceptions that the City will
accept. Seller will have ten (10) days after receipt of such amendment to
review and approve it. In the event of non-approval, escrow will fail and
each party will instruct Commonwealth Title Company to cancel the
escrow.
(2) Representations, Warranties, and Covenants of Seller. Seller shall have
duly performed each and every agreement to be performed by Seller
hereunder and Seller's representations, warranties, and covenants set forth
in Paragraph 14 shall be true and correct as of the Closing Date.
(3) No Material Changes. At the Closing Date, there shall have been no
material adverse changes in the physical or financial condition of the
Property and there shall have been no material adverse change in the
financial condition of Seller or any general partners of Seller.
(4) Inspections and Studies. On or before thirty (30) days after Opening
Date ("Due Diligence Period"), Buyer shall have approved the results of
any and all inspections, investigations, tests and studies (including,
without limitation, investigations with regard to governmental regulations,
engineering tests, soil and structure investigation and analysis, seismic and
geologic reports) with respect to the Property (including all structural and
mechanical systems and leased areas) as Buyer may elect to make or
obtain. The failure of Buyer to disapprove said results on or prior to the
expiration of the Due Diligence Period shall be deemed to constitute
Buyer's approval of the results. The cost of any such inspections, tests and
studies shall be borne by Buyer. During the term of this Escrow, Buyer,
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its agents, contractors and subcontractors shall have the right to enter upon
the Property, at reasonable times during ordinary business hours, to make
any and all inspections and tests as may be necessary or desirable in
Buyer's sole judgment and discretion. Buyer shall use care and
consideration in connection with any of its inspections. Buyer shall
indemnify and hold Seller and the Property harmless from any and all
damage arising out of, or resulting from the negligence of Buyer, its
agents, contractors and/or subcontractors in connection with such entry
and/or activities upon the Property.
(5) Council Approval. The completion of this transaction, and the escrow
created hereby, is contingent upon the specific acceptance and approval of
the Buyer by action of the Buyer's City Council.
b. Conditions to Sellers Obli ag tion. For the benefit of Seller, the Close of Escrow
shall be conditioned upon the occurrence and/or satisfaction of each of the
following conditions (or Seller's waiver thereof, it being agreed that Seller may
waive any or all of such conditions):
(1) Buyer's Obligations. Buyer shall have timely performed all of the
obligations required by the terms of this Agreement to be performed by
Buyer, and
(2) Buyer's Representations. All representations and warranties made by
Buyer to Seller in this Agreement shall be true and correct as of the Close
of Escrow.
9. Deposits by Seller. At least one (1) business day prior to the Close of Escrow, Seller
shall deposit or cause to be deposited with Escrow Holder the following documents and
instruments:
a. Seller's Certificate Federal. A Certificate of Nonforeign Status (Seller's
Certificate).
b. California Withholding Exemption Certificate. A California Withholding
Exemption Certificate (or in the event the Seller is a non-California resident, a
certificate issued by the California Franchise Tax Board) pursuant to the Revenue
and Taxation Code Sections 18805 and 26131, as may be amended, stating either
the dollar amount of withholding required from Seller's proceeds or that Seller is
exempt from such withholding requirement.
C. Grant Deed. The Grant Deed conveying the Property to Buyer duly executed by
Seller, acknowledged and in recordable form.
1�7C /
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10. Deposits by Bum. Buyer shall deposit, or cause to be deposited with Escrow Holder,
the funds which are to be applied toward the payment of the Purchase Price in the
amounts and at the times designated in Paragraph 4 above (as reduced or increased by the
prorations, debits and credits hereinafter provided).
11. Costs and Expenses. The cost and expense of the Title Policy attributable to CLTA
coverage shall be paid by Buyer. The escrow fee of Escrow Holder shall be paid by
Buyer. Buyer shall pay all documentary transfer taxes, if any, payable in connection with
the recordation of the Grant Deed. The amount of such transfer taxes shall not be posted
on the Grant Deed, but shall be supplied by separate affidavit. Buyer shall pay the
Escrow Holder's customary charges to Buyer and Seller for document drafting, recording,
and miscellaneous charges. If, as a result of no fault of Buyer or Seller, Escrow fails to
close, Buyer shall pay all of Escrow Holder's fees and charges. Penalties for prepayment
of bona fide obligations secured by any existing deed of trust or mortgage shall be
waived pursuant to Civil Code Procedures Section 1265.240.
12. Prorations. The following prorations shall be made between Seller and Buyer on the
Closing Date, computed as of the Closing Date:
a. Taxes. Real and personal property taxes and assessments on the Property shall be
prorated on the basis that Seller is responsible for (i) all such taxes for the fiscal
year of the applicable taxing authorities occurring prior to the "Current Tax
Period," and (ii) that portion of such taxes for the Current Tax Period determined
on the basis of the number of days which have elapsed from the first day of the
Current Tax Period to the Closing Date, inclusive, whether or not the same shall
be payable prior to the Closing Date. The phrase "Current Tax Period" refers to
the fiscal year of the applicable taxing authority in which the Closing Date occurs.
In the event that as of the Closing Date the actual tax bills for the year or years in
question are not available, and the amount of taxes to be prorated as aforesaid
cannot be ascertained, then rates and assessed valuation of the previous year, with
known changes, shall be used, and when the actual amount of taxes and
assessments for the year or years in question shall be determinable, then such
taxes and assessments will be reprorated between the parties to reflect the actual
amount of such taxes and assessments.
b. No Rental Pro-rations. The Escrow Holder is hereby instructed not to perform
any rental pro-rations at the Close of Escrow.
13. Disbursements and Other Actions by Escrow Holder. Upon the Close of Escrow, the
Escrow holder shall promptly undertake all of the following in the manner indicated:
a. Prorations. Prorate all matters referenced herein, based upon the statement
delivered into Escrow signed by the parties.
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b. Recording. Cause the Grant Deed and any other documents, which the parties
hereto may mutually direct, to be recorded in the Official Records of Orange
County, California, in the order set forth in this subparagraph. Escrow Holder is
instructed not to affix the amount of documentary transfer tax on the face of the
Deed, but to supply same by separate affidavit.
C. Funds. Disburse from funds deposited by Buyer with Escrow Holder toward
payment of all items chargeable to the account of Buyer, pursuant thereto in
payment of such costs, and disburse the balance of such funds, if any, to Buyer.
d. Documents to Buy. Deliver the Seller's Certificate and Bill of Sale, executed by
Seller, and, when issued, the Title Policy to Buyer.
e. Pay demands of existing lienholders. Escrow Holder is hereby authorized and
instructed to cause the reconveyance, or partial reconveyance, as the case may be,
of any such monetary exceptions to Buyer's title to the Property at or prior to the
Close of Escrow.
14. Seller's Representations and Warranties. In consideration of Buyer entering into this
Agreement, and as an inducement to Buyer to purchase the Property, Seller makes the
following representations and warranties, each of which is material and is being relied
upon by Buyer (and the continued truth and accuracy of which shall constitute a
condition precedent to Buyer's obligations hereunder):
a. Authorization. This Agreement has been duly and validly authorized, executed
and delivered by Seller, and no other action is requisite to the execution and
delivery of this Agreement by Seller.
b. Threatened Actions. There are no actions, suits or proceedings pending against,
or, to the best of Seller's knowledge, threatened or affecting the Property in law or
equity.
C. Third Party Consents. No consents or waivers of, or by, any third party are
necessary to permit the consummation by Seller of the transactions contemplated
pursuant to this Agreement.
d. Condemnation. There are no pending, or, to the best of Seller's knowledge,
threatened proceedings in eminent domain or otherwise, which would affect the
Property or any portion thereof.
e. Agreements. There are no agreements (whether oral or written) affecting or
relating to the right of any party with respect to the possession of the Property, or
any portion thereof, which are obligations which will affect the Property or any
portion thereof subsequent to the recordation of the Grant Deed, except as may be
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reflected in the Condition of Title, which shall have been approved by Buyer
pursuant to the terms of this Agreement.
f. Documents. To the best of Seller's knowledge, all documents delivered to Buyer
and Escrow Holder pursuant to this Agreement are true and correct copies of
originals, and any and all information supplied to Buyer by Seller is true and
accurate.
g. Licensed Permits. To the best of Seller's knowledge, Seller has acquired all
licenses, permits, easements, rights-of-way, including without limitation, all
building and occupancy permits from any governmental authority having
jurisdiction.
h. Waste Disposal. No portion of the Property has ever been used by Seller as a
waste storage or disposal site, and Seller is not aware of any such prior uses.
15. Buyer's Representations and Warranties. In consideration of Seller entering into this
Agreement, and as an inducement to Seller to sell the Property to Buyer, Buyer makes the
following representations and warranties, each of which is material and is being relied
upon by Seller (the continued truth and accuracy of which shall constitute a condition
precedent to Seller's obligations hereunder):
a. This Agreement and all documents executed by Buyer under this Agreement
which are to be delivered to Seller are, or at the time of Close of Escrow will be,
duly authorized, executed, and delivered by Buyer, and are, or at the Close of
Escrow will be legal, valid, and binding obligations of Buyer, and do not, and at
the Close of Escrow will not violate any provisions of any agreement or judicial
order to which Buyer is a party or to which it is subject.
b. The representations and warranties of Buyer set forth in this Agreement shall be
true on and as of the Close of Escrow as if those representations and warranties
were made on and as of such time.
C. Improvement and Maintenance of the Property. Buyer expressly assumes all
obligations for improvements on the Property and for maintenance of the
Property.
16. Damage or Condemnation Prior to Closing. Seller shall promptly notify Buyer of any
knowledge by Seller of casualty to the Property or any condemnation proceeding
commenced prior to the Close of Escrow. If any such damage or proceeding relates to, or
may result in, the loss of any material portion of the Property, Seller or Buyer may, at
their option, elect either to:
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(a) terminate this Agreement, in which event all funds deposited into Escrow by
Buyer shall be returned to Buyer and neither party shall have any further rights or
obligations hereunder, or
(b) continue the Agreement in effect, in which event upon the Close of Escrow Buyer
shall be entitled to any compensation, awards, or other payments or relief
resulting from such casualty or condemnation proceeding.
17. Notices. All notices or other communications required or permitted hereunder shall be in
writing, and shall be personally delivered or sent by registered or certified mail, postage
prepaid, return receipt requested, telegraphed, delivered, or sent by telex, telecopy, or
cable, and shall be deemed received upon the earlier of (a) if personally delivered, the
date of delivery to the address of the person to receive such notice, (b) if mailed, four
business days after the date of posting by the United States post office, (c) if given by
telegraph or cable, when delivered to the telegraph company with charges prepaid, or (d)
if given by telex or facsimile, when sent. Any notice, request, demand, direction, or other
communication sent by cable, telex, or facsimile must be confirmed within 48 hours by
letter mailed or delivered in accordance with the foregoing.
The Buyer's mailing address is:
City of Huntington Beach
Office of Business Development
Attn: Kellee Fritzal
2000 Main Street, P.O. Box 190
Huntington Beach, CA 92648
The Seller's mailing Peter Chamie
address is: P. O. Box 2603
Malibu, CA 90265
Notice of change of address shall be given by written notice in the manner detailed in this
paragraph. Rejection or other refusal to accept, or the inability to deliver because of
changed address of which no notice was given, shall be deemed to constitute receipt of
the notice, demand, request, or communication sent.
18. Legal Fees. In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance
hereof, each party shall bear its own attorney's fees, such that the prevailing party shall
not be entitled to recover its attorney's fees from the non-prevailing party.
19. Assignment. Seller may not assign, transfer or convey its rights or obligations under this
Agreement without the prior written consent of Buyer, and then only if Seller's assignee
/ — ��P(4
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assumes in writing all of Seller's obligations hereunder; provided, however, Seller shall in
no event be released from its obligations hereunder by reason of such assignment.
20. Brokerage Commissions. Seller represents to Buyer that there has been no broker, real
estate agent, finder or similar entity engaged in connection with this Agreement or the
sale of the Property from the Seller to Buyer, if consummated as contemplated hereby,
except N/A ("Broker"), whom
Seller agrees to compensate outside escrow pursuant to a separate agreement between
Seller and Broker. Seller agrees that should any claim be made for brokerage
commissions or finder's fees by any broker, agent, finder or similar entity, by, through or
on account of any acts of Seller or its agent, employees or representatives, Seller will
indemnify, defend and hold the Buyer free and harmless from and against any and all
loss, liability, cost, damage and expense (including attorneys' fees and court costs) in
connection therewith. Seller agrees to pay, at its sole cost and expense, when due, any
and all brokerage commissions incurred by Seller heretofore or hereafter incurred prior to
close of escrow.
21. Miscellaneous.
a. Survival of Covenants. The covenants, representations and warranties of both
Buyer and Seller set forth in this Agreement shall survive the recordation of the
Grant Deed and the Close of Escrow.
b. Time of Essence. Time is of the essence of each and every term, condition,
obligation, and provision hereof.
C. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which, together, shall constitute one
and the same instrument.
d. Captions. Any captions to, or headings of, the paragraphs or subparagraphs of
this Agreement are solely for the convenience of the parties hereto, are not a part
of this Agreement, and shall not be used for the interpretation or determination of
the validity of this Agreement or any provision hereof.
e. No Obligations to Third Parties. Except as otherwise expressly provided herein,
the execution and delivery of this Agreement shall not be deemed to confer any
rights upon, nor obligate any of the parties hereto, to any person or entity other
than the parties hereto.
f. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby
incorporated herein by this reference.
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g. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an.instrument in writing executed by each of the
parties hereto.
h. Waiver. The waiver or failure to enforce any provision of this Agreement shall
not operate as a waiver of any future breach of any such provision or any other
provision hereof.
i. Applicable Law. This Agreement shall be governed by and construed in
accordance with the.lays of the State of California.
j. Fees and Other Expenses. Except as otherwise provided herein, each of the
parties shall pay its oven fees and expenses in connection with this Agreement.
k. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations, and communications, oral or written, and contains the entire
agreement between Buyer and Seller as to the subject matter hereof No
subsequent agreement, representation, or promise made by either party hereto, or
by or to an employee, officer, agent or representative of either party shall be of
any effect unless it is in writing and executed by the party to be bound thereby.
1. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors and assigns of the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
DATED: Seller:
Peter Chamie, Successor Trustee of the
Denise Chamie Trust, dated August 14,
1970, as to a undivided 1/4 interest, Peter
Chamie, as Successor Trustee of the Peter
Chamie Trust, dated August 14, 1970, as to
a undivided 1/4 interest and Peter Chamie as
Successor Trustee of the Alfred P. Chamie
and Elizabeth Chamie Revocable Trust,
dated August 14, 1970, as to a undivided '/2
interest
DATED: 1 Buyer:
Y OF HUNTINGTON BEACH
n
fo ' municip corpo ti
Mayor Q
City derk
APPROVED A ORM: REVIE D APPROVED:
ZTIAI
orney City a ag r
ED AND APPROVED: d
Deputy Direct fBusiness Development
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Seller's Initials Buyer's In gals
16-5145/133385 2/PD
Page 12 of 12
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT-OF-WAY ACQUISITION
EDINGER AVENUE
LOTS 14 & 15 OF TRACT NO. 417
That certain parcel of land situated in the City of Huntington Beach, County of Orange, State of
California, being those portions of Lots 14 and 15 of Tract No. 417 as shown on a map filed in
Book 16, Page 47 of Miscellaneous Maps in the Office of the County Recorder of said Orange
County,described as follows:
COMMENCING at the northeasterly corner of Parcel Map No 2013-113 as shown on a map filed
in Book 382, Pages 48 through 50 inclusive,of Parcel Maps in said Office of the County Recorder
of Orange County; thence along the easterly prolongation of the northerly line of said Parcel Map
No. 2013-113, also being the southerly right-of-way of Edinger Avenue as described in those
certain deeds to the City of Huntington Beach recorded September 5, 1963 in Book 6705, Page
187 and March 3, 1965 in Book 7432, Page 589, both of Official Records in said Office of the
County Recorder of Orange County, South 89°32'34" East 150.00 feet to the westerly line of that
certain Easement Deed to the City of Huntington Beach recorded July 3, 1990 as Instrument No.
90-350907 of Official Records in said Office of the County Recorder of Orange County; thence
along said westerly line South 00°27'26" West 0.14 feet to the TRUE POINT OF BEGINNING:
thence continuing South 00°27'26" West 6.86 feet to a line parallel with said southerly right-of-
way of Edinger Avenue; thence along said parallel line South 89°32'34" East 53.92 feet to the
southerly line of said Easement Deed Instrument No. 90-350907,O.R., said point being a point of
cusp with a curve concave northerly and having a radius of 130.32 feet, a radial line of said curve
from said point bears North 00°27'26" East; thence along said southerly line through the following
courses: along said curve westerly 30.27 feet through a central angle of 13°18'32" to a point of
reverse curvature with a curve concave southerly and having a radius of 130.32 feet, a radial line
of said curve from said point bears South 13°45'58" West; thence along said curve westerly 24.19
feet through central angle of 10°38'05" to the TRUE POINT OF BEGINNING.
CONTAINING: 168 Square Feet.
EXHIBIT "B"attached and by this reference made a part hereof.
p LAND SU
N0.
�o-,F 6673
William G. Cox, L.S. 6673 Date
Sl�rFOF CAL\F� \P
Page 1 of 1
C/L PARKSIDE LANE
(N89-32'34"W)R1 C/L EDINGER AVENUE —
(255.09' )R1
N'LY LINE TRACT NO. 417
o M.M. 16/47 0
of SEE DETAIL BELOW
CD
D
P.D.C. —
CD
CD — RIGHT-OF-WAY PER
NE'LY CORNER I Cl CDN BOOK 7432/595 O.R.
P.M. N0. 2013-113 L1 C2
Cl }
T.P.O.B. RIGHT-OF-WAY PER
u I INST. NO. 90-350907, O.R.
Cl w z 1 I rR-A/ cr NO. 417 N1.N1. ] 6/47
CD �
Cif Q �� 0 m CURVE DATA TABLE
Cif w CD Co
�� NO. DELTA RADIUS LENGTH
N z - Cl. 13°18'32" 130.32' 30.27'
w w C2 10°38'05" 130.32' 24. 19'
I N
LINE DATA TABLE
NO. BEARING LENGTH
L1 N89°32'34"W 150,00'
L2 S00°27'26"W 7.00'
P.D.C. I RIGHT-OF-WAY PER
d INST. NO. 90-350907, O.R.
NE'LY CORNER I P.M. N0. N13°45'58"E
L1 (RAD)P.R.C. \ •4.�
- - - - - -
2013-113 - — — — — — — — — _ IVY
T.P.O.B C2 \ ti�Po�
5� E
°p'I C 1
Np��IR�o1 S89°32'34"E 53.92'
LOT I LOT ] 5 LOT ] A
EXHIBIT "B" DETAIL
SIETCHTOACCOMPMYA LEGEND NOT TO SCALE
LEGAL DESCRIPTION FOR
RIGHT-OF-WAY ACQUISITION RIGHT-OF-WAY TAKE AREA
EDINGER AVENUE ( )R1 DENOTES RECORD DATA PER
LOTS 14&15 OF TRACT NO.417 PARCEL MAP NO. 2013-113, SHEET I OF I SHEET
CONTAINING:168 SQUARE FEET P.M.B. 382/48-50 DECEMBER 1, 2015
JN 149161
City of Huntington Beach
2/6/2017
EDINGER AVENUE
WIDENING PROJECT
Project Overview
EMI r-R AVBNVE-
• - ET1511NG - 1 �•
7 � 1
flit C
top
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Project extends the current right turn lane from eastbound Edinger
Avenue to southbound Beach Boulevard
Will assist traffic flow and relieve the bottleneck for the right turn
Part of the mitigation program for the Beach Edinger Corridor Specific
Plan
Funding Source: Traffic Impact Fee
Construction bids opened on 2/2/17
City Council will be asked to award a Construction Contract on 2/21 /17
Current Acquisition
Easement acquisition on Arby's
Site
Final acquisition for Project
Purchase Price : $ 15 , 200 ($79/sf)
2/14/2017
L� # 'K
City of Huntington Beach
2/6/2017
EDINGER AVENUE
WIDENING PROJECT
Project Overview
IV
o Right turn lane from eastbound EdingerAve. to
southbound Beach Blvd.
o Funding Source: Traffic Impact Fee
o Construction bids opened on 2/2/17
o City Council award of Construction Contract on
2/21/17
1
2/14/2017
Current Acquisition
o Easement acquisition on Arby's Site
o Final acquisition for Project
o Purchase Price: $15,200 ($79/sf)
o Requires a film permit for any
commercial or professional filming
that is taken on public property-
.
2