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HomeMy WebLinkAboutProperty Acquisition with Richard J. Pariseau for Ocean View a ,� t •, r AGREEMENT FOR SALE OF REAL PROPERTY BETWEEN RICHARD J. PARISEAU AND THE CY- CITY OF HUNTINGTON BEACH 9 This Ag ee ade this Z,_2 day of � �'��" , 198,8� by and between THE CITY OF HUNTINGTON BEACH, California, a municipal corporation agency ( "BUYER" ) , and RICHARD J . PARISEAU ( "SELLER" ) , for the purchase by BUYER of certain real property. Whereas, SELLER is the owner , in fee, of certain real property located in the City of Huntington Beach, California, more fully described as : The North 85 feet of the West 115 feet of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of the of the Northwest Quarter of Section 35 , Township 5 South, Range 11 West , in the Rancho Las Bolsas, as shown on a map recorded in Book 51 , Page 13 of Miscellaneous Maps, Records of Orange County. BUYER desires to purchase said Property for cash and SELLER desires to sell Property to BUYER: NOW THEREFORE, the parties agree as follows : 1 . PURCHASE PRICE . The purchase price for the real property is ONE HUNDRED NINETY-NINE THOUSAND FIVE HUNDRED AND N0/100 DOLLARS ( $199 ,500 .00 ) . 2 . ESCROW. BUYER and SELLER agree to execute the escrow instructions and do all things necessary to complete said escrow in -1- conformance therewith as attached hereto and incorporated herein by this reference as Exhibit "A" . 3 . CONDITIONS OF CLOSING . The close of escrow is conditioned upon: a . Conveyance to BUYER of good and marketable title subject to the approval of BUYER' s Attorney. b. Delivery of First American Title Insurance Company title insurance policy in the amount of the full purchase price subject only to such liens, encumbrances, clouds or conditions as may be approved in writing by the BUYER' s Attorney. C. Delivery of possession of said Property to BUYER or its nominee, immediately on close of escrow, free and clear of all uses and occupancies except as BUYER may agree in writing. 4 . FAILURE OF CONDITIONS . Should any of the conditions specified in Paragraph 3 of this Agreement fail to occur within thirty ( 30 ) days after the date hereof, BUYER shall have the power, exercisable by BUYER, to give written notice to the escrow holder and to SELLER to cancel such escrow, terminate this Agreement and recover any amounts paid to escrow holder on account of the purchase price of said Property. The escrow holder shall be, and is hereby, irrevocably instructed by BUYER on any such failure of conditions and receipt of such notice from BUYER to immediately refund to BUYER all monies and instruments deposited by him in escrow pursuant to this Agreement at BUYER's option only. -2- r • 5 . PRORATIONS . Insurance, Insurance Premiums, and Possessory Interest Tax . There shall be prorated between SELLER and BUYER on the basis of thirty ( 30 ) day months as of 12 : 00 midnight on the date of the close of escrow pursuant to this contract : a . Real property taxes levied or assessed against said Property ( including any water tax or water rate levied against said Property for the furnishing of water thereto) as shown on the latest available tax bills . The County of Orange by law will refund all tax paid by SELLER covering periods subsequent to title vesting in BUYER. b. Premiums on insurance policies acceptable to BUYER insuring the improvements and buildings, if any, on said Property against damage or destruction by fire, theft, or the elements . 6 . BONDS AND ASSESSMENTS . Any bonds or improvement assessments which are a lien on said Property shall , on close of escrow, be paid by SELLER, except those liens imposed by the City of Huntington Beach or the Redevelopment Agency of the City of Huntington Beach. 7 . BROKER ' S COMMISSIONS - ATTORNEY 'S FEES . Any and all finder ' s fees or commissions due to real estate or other brokers and all attorney ' s fees as a result of this sale of said Property shall be paid by SELLER. 8 . EXPENSES OF ESCROW. The following expenses of the escrow described in this Article shall be paid by BUYER: a . The full cost of securing the title insurance policy described in this Agreement . -3- b . The cost of preparing, executing, and acknowledging any deeds or other instruments required to convey title to BUYER or his nominees in the manner described in this Agreement . C. The cost of recording a grant deed required to convey title to said Property to BUYER or his nominees as described in this Agreement . d. Any escrow fee charged by the escrow holder in addition to the cost of the title insurance policy. 9 . OWNER ' S REPRESENTATIONS, COVENANTS AND WARRANTIES. As an express condition precedent to the Close of Escrow for BUYER' s benefit, and in addition to any other representations, covenants and warranties contained in this Agreement , SELLER makes the following representations and warranties , each of which is true in all respects as of the date of this Agreement, and shall be true in all respects as of the closing date ( as defined in the Escrow Instructions ) : a . Authority to Sign . This Agreement and all the documents executed by the SELLER that are to be delivered to the BUYER at closing are, and at the closing will be, duly authorized, executed and delivered to the BUYER; are, and at the closing will be, to the best of the SELLER' s knowledge, sufficient to convey title if they purport to do so; and do not , and at the closing will not , to the best of SELLER' s knowledge, violate any provisions of any agreement to which the SELLER is a party or to which SELLER is subject , including without limitations any prior options, purchase agreements and/or escrow instructions . -4- b. Existing Contracts . At the closing, there will be no outstanding contracts made by the SELLER for any improvements to the Property that have not been fully paid, and the SELLER shall cause to be discharged ( in such a manner that the Title Company will not show the lien( s ) as an exception ( s ) to title under the Title Policy) , all mechanics ' or materialmen ' s liens arising from any labor or materials furnished to the Property prior to the closing. C . Title . SELLER has, and will convey to BUYER, good and marketable fee simple title to the Property free and clear of all liens, encumbrances, claims , rights , demands, easements, leases, licenses, agreements, covenants , conditions, and restrictions of any kind or character ( including, without limiting the generality of the foregoing, liens or claims for taxes, mortgages, conditional sales contracts or other title retention agreements, deeds of trust, security agreements and pledges ) except for those exceptions to title showing in the assessor ' s Parcel Number 111-071-26 Litigation Guarantee as items 3 , 4 and 5 attached hereto as Exhibit "B" dated April 4 , 1988 , which shall be replaced by a title insurance as provided hereinabove during escrow hereof . SELLER shall not encumber , modify or diminish title to all, or any portion of or interest in, the Property without BUYER' s written consent . d. Litigation. SELLER is not involved in, nor does SELLER have knowledge of, any claim, proceeding or threatened litigation, administrative or governmental proceeding or investigation, relating to or otherwise affecting the Property or the ability of SELLER to deliver good and marketable fee simple title to the Property to BUYER. -5- e. Tenants . There are no tenants on the Property except those approved in writing by BUYER. f. Hazardous Waste . Neither SELLER nor, to the best of SELLER' s knowledge, any previous owner, tenant , occupant or user of the Property has 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 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 Materials" 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 Sections 25115 , 25117 or 25122 . 7 , or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20 , Chapter 6 .5 (Hazardous Waster Control Law) , ( ii ) defined as a "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 -6- Code, Division 20 , Chapter 6 . 7 ( Underground Storage of Hazardous Substances ) , (v ) petroleum, (vi ) asbestos, (vii ) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20 , ( ix ) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, ( 33 U.S .C . Section 1317 ) , ( x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U .S .C . Section 6901 the seq. ( 42 U.S .C . Section 6903 ) , or (xi ) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act , 42 . U.S .C . Section 6901 the seq. ( 42 U .S .C . Section 6901 ) . g . Compliance with Environmental Laws . The Property and its intended use 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 Waster Disposal , Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts , and the California Environmental Quality Act , and the rules, regulations and ordinances of the City of Huntington Beach, 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 agency and bureaus . -7- h . Indemnity. SELLER shall indemnify, defend and hold BUYER 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 Materials on, under , in or about, the transportation of any such material to or from, the Property, or ( ii ) the violation, or alleged violation, of any statute, ordinance, order , rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under , in or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost or expense arising from or out of any claim, action, suit or proceeding for personal injury ( including sickness , disease or death) , tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss , damage to the natural resources or the environment, nuisance, pollution, contamination, leak, spill, release or other adverse effect on the environment . 10 . ATTORNEY 'S FEES . In the event of any controversy, claim or dispute arising out of or relating to this Agreement or the escrow or any breach of either , the prevailing party shall be entitled to attorney ' s fees . 11 . THREAT OF CONDEMNATION. The parties agree that the Property being conveyed is under threat of condemnation by the -8- BUYER. BUYER agrees to supply SELLER with a letter evidencing its intention to condemn. 12 . NOTICES . Any and all notices or other communications required or permitted by this Contract or by law to be served on or given to either party hereto, BUYER or SELLER, by the other party hereto, or by the escrow holder shall be in writing and shall be deemed duly served and given when personally delivered to any of the parties, BUYER or SELLER, to whom it is directed, or in lieu of such personal service when deposited in the United States mail , first-class postage prepaid, addressed to the parties at the addresses shown below. SELLER may change his address for the purposes of this section by giving written notice of such change to the BUYER in the manner provided in this section. REST OF PAGE NOT USED -9- Address : ( SELLER) Address: (BUYER) 7732 Speer Street #A 2000 Main Street Huntington Beach, CA 92649 Huntington Beach, CA 92647 REST OF PAGE NOT USED -10- 13 . ENTIRE AGREEMENT. This instruement contains the entire agreement between BUYER and SELLER respecting said Property, and any agreement or representation respecting said Property or the duties of either BUYER or SELLER in relation thereto not expressly set forth in this instruement is null and void. EXECUTED on , 1988, at Orange County, California. SELLER: BUYER: The CITY OF HUNTINGTON EACH, a municipal corporation of the State of California IC D J. P ISEAU Chairman ATTEST: APPROVED AS TO FORM: Agency Clerk A 'en-�y Attor ey -if-ke 2~ 4 6- REVIEWED AND APPROVED: TIATED AND APPROVED: City Administrator DepLk& City Administrator/ Director of Community Development -11- Guava•-?ee F-m No. 1 Date-Down Indor.e meN ;510-6T; • �' PROPERTY APR 1 1 1988 MANAGEMENT INDORSEMENT Attached to Guarantee No. OR-1388380 Issued by First American Title Insurance Company a corporation, herein called the Company, The Company hereby assures the Assured that, subsequent to May 17, 1984 , the date of the Guarantee issued under the above number, no matters are shown by the public records which would affect the assurances in said Guarantee other than the following: Item 81 Amended to read as follows: 1. SECOND INSTALLMENT GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1987-1988, AMOUNT $88.02; CODE AREA 04-010, A.P. No. 111-071-26. THE ABOVE DOES NOT INCLUDE A VETERANS OR HOMEOWNERS TAR EXEMPTION. Vesting Amended as follows: RICHARD J. PARISHAIIs._ AS HIS SOLE AND SEPARATE PROPERTY. (CONTINUED ON NEXT PAGE) The total liability of the Company under said Guarantee and under this Indorsement thereto shall not exceed, in the aggregate,the amount stated in said Guarantee. This Indorsement is made a part of said Guarantee and is subject to the exclusions from coverage, the limits of liability and the other provisions of the Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: April 4, 1988 @ 7:30 AM �3Ss0 First American Title Insurance Company 9Y � PRESIDENT BY YfANT SECRETARY I i c Devin L. Baker i LITIGATION GUARANTEE LIABILITY $ 10,000.00 ORDER NO. OR-1388380 FEE $ 62.50 YOUR REF. Mushroom Farm AP# 111-071-026 SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE. First American Title Insurance Company a corporation,herein called the Company, GUARANTEES CITY OF HUNTINGTON BEACH herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that,according to the public records, on the date stated below, 1. The title to the herein described estate or interest was vested in the vestee named,subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; 2. The necessary parties defendant in an action to condemn said land are as herein stated. Dated: May 17, 1984 at 7:30 A.M. First American Title Insurance Company BY z o PRESIDENT ' SEf'TEMREP 4 , ., % i - BY ASSISTANT SECRETARY Randy Owens Page 2 OR-13i TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: RICHARD J. PARISEAU AND JUDITH K. PARISEAU, HUSBAND AND WIFE AS JOINT TENANTS, BY DEED TO THEM DATED DECEMBER 13, 1971 FROM SAMAIDA RIVAS, A WIDOW, RECORDED FEBRUARY 14, 1972 AS INSTRUMENT NO. 10845, IN BOOK 10000, PAGE 679 OF OFFICIAL RECORDS. STAMPS $15.40. I THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR I REFERRED TO COVERED BY THIS GUARANTEE IS: 4 A FEE. i i4 EXCEPTIONS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1984-1985, A LIEN NOT YET PAYABLE. 2. SECOND INSTALLMENT GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1983-1984, AMOUNT: $83.86, DELINQUENT, PENALTY: $18.38. CODE AREA: 04-010. A. P. NO. : 111-071-26. THE ABOVE DOES NOT INCLUDE A VETERANS OR HOMEOWNERS TAX EXEMPTION. 3. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO CHAPTER 498 STATUTES OF 1983, OF THE STATE OF CALIFORNIA. 4. THE RESERVATION FOR ROADS, RAILROADS AND DITCHES OF A STRIP OF LAND 30 FEET WIDE, ALONG, ADJOINING AND EACH SIDE OF THE TOWNSHIP AND SECTION LINES, AND A STRIP OF LAND 15 FEET WIDE, ALONG, ADJOINING AND EACH SIDE OF THE QUARTER SECTION LINES, AND THE USE AND CONTROL OF CIENEGAS AND NATURAL STREAMS OF WATER, IF ANY, NATURALLY UPON, FLOWING ACROSS, INTO OR BY SAID TRACT, AND THE RIGHT OF WAY FOR AND TO CONSTRUCT IRRIGATION OR DRAINAGE DITCHES THROUGH SAID TRACT TO IRRIGATE OR DRAIN THE ADJACENT LAND, AS RESERVED IN THE DEED FROM STEARNS RANCHOS COMPANY, RECORDED JULY 19, 1905 IN BOOK 91, PAGE 135 OF DEEDS. PAGE 3 -• ................ ?: _::.,�us�.::.t-4��iq'-.u�.r.:u.s.^-.:..•.`'s:..:.._. - _-n;.<eh':`C�; ,..t„'�:r <:r��'� ca.,.> -.� .es,:. 1. 4'i_ t.+ _ _ _ 5��"+ '.; f ty,• Y 40-1 5. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN THE DEED FROM THE HUNTINGTON BEACH COMPANY, RECORDED IN BOOK 152, PAGE 347 OF DEEDS, BUT DELETING RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION OR NATIONAL ORIGIN. 6. AN EASEMENT ALONG THE WEST SIDE FOR PIPES, POLES, WIRES AND INCIDENTAL PURPOSES, AS DESCRIBED IN THE DEED TO STANDARD OIL COMPANY, RECORDED DECEMBER 9, 1920 IN BOOK 380, PAGE 228 OF DEEDS. 7. THE RIGHTS OF THE OWNERS OF OTHER LANDS DESCRIBED IN THE COMMUNITY OIL AND GAS LEASE RECORDED OCTOBER 6, 1920 IN BOOK 16, PAGE 303 OF LEASES, TO SHARE IN THE BENEFITS FROM PRODUCTION OF OIL, GAS AND OTHER HYDROCARBON SUBSTANCES FROM THE HEREIN DESCRIBED LAND; THE RIGHTS OF THE LESSEE THEREIN HAVING BEEN TERMINATED BY AN INSTRUMENT OF RELEASE FROM SHELL COMPANY OF CALIFORNIA RECORDED JULY 29, 1926 IN BOOK 59, PAGE 290 OF LEASES. 8. THE EFFECT OF THE PROVISION CONTAINED IN THE COMMUNITY OIL AND GAS LEASE TO LOUIS A. COPELAND, RECORDED OCTOBER 67 1920 IN BOOK 16, PAGE 303 OF LEASES, THAT "THE LESSEE SHALL HAVE THE RIGHT AT ANY TIME TO RETAIN ANY PRODUCING WELL OR WELLS, TOGETHER WITH 4 ACRES SURROUNDING EACH SUCH WELL IN THE FORM OF A SQUARE, SUBJECT TO THE PROVISIONS OF THIS LEASE UPON SURRENDERING THE DEED FOR THE REMAINDER OF SUCH LAND AND EXECUTING AND RECORDING TO LESSORS A QUITCLAIM DEED FOR THE SURRENDERED LAND. THE LESSORS WILL NOT DRILL UPON SURRENDERED LAND WITHIN TWO HUNDRED FIFTY (250) FEET OF ANY PRODUCING WELL RETAINED BY LESSEE. " 9. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $10,500.00, RECORDED FEBRUARY 14, 1972 IN BOOK 10000, PAGE 680 OF OFFICIAL RECORDS, AS INSTRUMENT NO. 10846. DATED: DECEMBER 28, 1971. TRUSTOR: RICHARD J. PARISEAU AND JUDITH K. PARISEAU, HUSBAND AND WIFE. TRUSTEE: WALKER & LEE ESCROW CORPORATION, A CALIFORNIA CORPORATION. BENEFICIARY: W I NN I FRED RUSS, A MARRIED WOMAN. 10. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $2, 100.00, RECORDED FEBRUARY 147 1972 IN BOOK 10000, PAGE 681 OF OFFICIAL RECORDS, AS INSTRUMENT NO. 10847. / r DATED: JANUARY 19, 1972. ��,, ,�f 1, i PAGE 4 o....,..a..�..sa+.e-�+++moy.. --_- - - -_-_-_M"�--�—... - - - - -.-""-' .e�,.._ ..sue wv w+ ers'-•"^i:kn^"•F" ,�..q�.r.-.'pl mv»•eP.?�..'�€ate`; .. - ex-w—.^r..w_ OR-138839v TRUSTOR: RICHARD J. PARISEAU AND JUDITH K. PARISEAU, HUSBAND AND WIFE. TRUSTEE: WALKER & LEE ESCROW CORPORATION, A CALIFORNIA CORPORATION. BENEFICIARY: SENAIDA RIVAS, A WIDOW. r f I PACE 5 OR-1388380 L SAID NECESSARY PARTIES (OTHER THAN THOSE HAVING A CLAIM OR INTEREST BY REASONS OF' MATTERS SHOWN IN EXCEPTIONS NUMBERED i TO 8) TO BE MADE DEFENDANTS IN SAID ACTION TO BE BROUGHT BY CITY OF HUNTINGTON BEACH, AS PLAINTIFF, ARE AS FOLLOWS: RICHARD J. PARISEAU AND JUDITH PARISEAU (OWNER) 5622 BRIGHTON DR. HUNTINGTON BEACH, CA. ; WINNIFRED RUSS (BENEFICIARY UNDER ITEM 9) P.O. BOX 183 RIVER FALLS, WISCONSIN 54022; WALKER & LEE ESCROW CORP. (TRUSTEE UNDER ITEMS 9 AND 10); AND SENAIDA RIVAS (BENEFICIARY UNDER ITEM 10) C/O GABRIEL VELASQUEZ 18324 SOUTH JEFFERY CERRITOS, CA. j THE LAND REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS DESCRIBED AS FOLLOWS: THE NORTH 85 FEET OF THE WEST 115 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST 1 QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. i� RO:BZ PAGE 6 11. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $34,500.00, RECORDED MAY 29, 1985 IN OFFICIAL RECORDS AS INSTRUMENT NO. 85-194456. DATED: April 10, 1985 TRUSTOR: Richard J. Pariseau TRUSTEE: California Land Title Company, A California Corporation BENEFICIARY: Judy K. Pariseau 12. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED DECEMBER 12, 1986 AS INSTRUMENT NO. 86-612746 OF OFFICIAL RECORDS. FOR: Pipelines OVER: A portion of said land I Nt 10 Cj CIQ ki rz OM oz \ OIR TIq LA 56 co Lao sOr,.t'nn;ti ol oaf CIO C\j 4D j YC NVC06d--, ko o� It7' A te -ZY-Yg 7 XL i IV YY17 THIS MA2—%,�/Acz J '.ate REQU R y C CO ACTION ' APB RH 89-06 19------- Dat ianna ry 17, 19R9 P6 Q, e -7 Submitted to: CITY CLERK Honorable Ma i y ouncil Members Submitted by: Paul Cook, City Administrator Prepared by: L� ., Douglas N. La Belle, Deputy City Administrator/Economic Development Subject: AUTHORIZE THE ACQUISITION AND APPROVE THE CONTRACT OF SALE FOR APN 111-071-26 (PARISEAU PROPERTY) Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: 1 STATEMENT OF ISSUE: The request for the purchase of this property is in accord with the purchase of other properties in this area as a part of Huntington Central Park. This particular parcel is contiguous to other properties previously acquired by the city, and is needed for the initial development of Ocean View Estates Phase I as a part of the Waterfront project. The property in question is located at 18442 Goldenwest Street. RECOMMENDATION: Appropriate funds from available Community Development Block Grant funds and authorize the acquisition of property owned by Richard J. Pariseau (APN 111-071-26), and approve the attached Contract of Sale for the negotiated purchase price of $199,500. ANALYSIS: The City Council has authorized the purchase of properties in this area as a part of Huntington Central Park and to accommodate that future need as well as the immediate need to provide for the expansion of Ocean View Estates Phase I for the Waterfront project, the acquisition of this property at this time, is needed. The city's acquisition consultant has negotiated with the property owner to purchase the property and improvements. Staff is recommending that the City Council approve the acquistion of this parcel at the negotiated purchase price of $199,500. FUNDING SOURCE: Community Development Block Grant (CDBG) funds. ALTERNATIVE ACTION: Do not approve the purchase of land and improvements at this time. ATTACHMENTS: 1) Contract of Sale. 2) Site Map. 00t 3 4328h P10 5/85 AAA1 • • f 01Ji'd2R/GIL/NO F&E PARCEL NO: 111—U71-026 :"ITLE REPORT NO: OR—I388380 PROJECT: OCEAN VIEW II REDEVELOPMENT PROJECT AGREEMENT FOR ACQUISITION OF REAL PROPERTY (ESCROW INST 0 S THIS AGREEMENT is entered into thi day of 198 by and between the Cl" HUNTINGTON BEACH (hereinafter called "Buyer"), and the undersigned owner(s) (hereinafter called "Seller.") for acquisition by Buyer of certain real property hereinafter set forth. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terns 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 TIiIS REFERENCE MADE A PART HEREOF Excepting and reserving all oil, hydrocarbon substances and minerals of every kind and character Lying more than 500 feet below the surface of said land, together with the right to drill into, through, and to use and occupy all parts of said land lying more than 500 feet below the surface thereof for any and all purposes incidental to the exploration for and production of oil, gas, hydrocarbon substances or minerals from said or other lands but without, however, any right to use either the surface of said land or any portion of said land within 500 feet of the surface for any purpose or purposes whatsoever. 2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of ONE HUNDRED NINETY—NINE THOUSAND FIVE HUNDRED AND NO/100. . . . . .DOLLARS ($199,500.00) 3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer 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: FISCAL YEAR 1988-89 B. Quasi—public utility, public alley, publ:i.c street easements and rights of way of record. C. Items numbered 4,5,6,7,8 _ of the above numbered title report issued by FIRST AMERICAN TITLE INSURANCE dated APRIL 4, 1988 D. None 4. TITLE INS_U?;AlICE POLICY, Escrow Agent shall, following recording of deed to Buyer, provide Buyer .,,i.th CLTA Su.ndard Coverage Policy of Title Insurance in the amount of $199,530.00 , issued by FIRST AMERICAN TITLE INSURANCE , showing the title to the property vested in Buyer, subject only to the exceptions set forth in Paragraph 3 and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. 5. ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at _FIRST AMERICAN ESCROW This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent j,� f;,-,,r ��h:e� ir.c~r��,� -.. ... ,.. c'-�li�.� �:. '- ,: c_' G whom .. � -�0::_ ._ =c_[ ::C�e��J e p Gae ir C G aCt under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time. Page 1 of 5 +� AAA1 • • - PACE 2 OF 5 Seller has executed and handed a deed to Buyer, concurrently with this Agreement. As soon as possible after opening of escrow, Buyer will deposit the executed deed, with Certificate of Acceptance attached, with Escrow Agent on Seller's behalf. Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and 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 will 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 COMPLY WITH 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. Escrow is not to be concerned with proration Seller's taxes for the current fiscal year if this escrow closes between July 1 and November 1 unless current tax information - is available from title insurer. In the event said tax information is available, Seller's taxes shall be prorated in accordance with Paragraph C below. From July 1 and ensuing period, when tax information is not available, Seller's pror.ata portion of taxes due to close of escrow, shall be cleared and paid by Seller, outside escrow, pursuant to provisions of Section 5082 through 5090 of the Revenue and Taxation Code of the State of California; C. From the date that tax information is available, as per Paragraph B above, 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, check payable to the County Tax Collector for Seller's prorata portion of taxes shall be forwarded to Buyer with closing statement; D. Any taxes which have been paid by Seller, prior to opening of this escrow, shall not be prorated between Buyer 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 Buyer's acquisition, pursuant to Revenue and Taxation Code Section 5096.7. ESCROW AGENT IS AUTHORIZED TO, AND SIiAL,L: E. Pay and charge Seller for any amount necessary to place title in the condition necessary to satisfy Paragraph 3 of this Agreement; F. Pay and charge Buyer 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 by Buyer and Seller. The term "close of escrow", if and where written in these instructions, shall mean the date necessary instrt:me its of 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 CLOSE AS SOON AS POSSIBLE. If (except for deposit of money by Buyer, which shall be made by Buyer upon demand of Escrow Agent before close of escrow) this escrow is not in condition to close within 30 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 PAC PACE 3 of s 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, 7, 9, 1$ and to its liability under any policy of title insurance issued in regard to this transaction. 6. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees, charges and costs which arise in this escrow. 7. RENTAL AND OCCUPANCY BY SELLER. Seller agrees to execute a complete, current and correct statement of rentals on form furnished to Seller and deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month consistent with that Statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of escrow. Seller hereby warrants that the rental. statement referred to shall include the terms of all rental agreements, tenancies and leases (written, unwritten, recorded or unrecorded) agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of property exceeding a period of one month, and Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Seller for a period exceeding one month, except: None 8. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, 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. 9. 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. 10. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of Sellers's statement to Buyer and to Cutler and Associates, Inc. , 3711 Long Beach Blvd. , Suite 1016, Long Beach, California 90807-3315; purpose being to ascertain if any reimbursements are due Seller. 11. 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 improvement: thereon, by fire or other casualty, occurs prior to the recordation of the Deed, Buyer may elect to require that the Seller pay to Buyer 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. 12. EMINENT DOMAIN DISMISSAL. Seller and Buyer acknowledge; that this transaction is a negotiated settlement in l.io.l of condemnation and Seller hereby agrees and consents to the dismissal or abandonment of any eminent domain action in the Superior Court of the State of California in and for the County of Orange wherein the herein described property is included and also waives any and all claims to any money on deposit in said action and f>>rther naives all attorney's fees, costs, disbursements and expenses incurred in connection therewith. 13. POSSESSION AND DISPOSITION OF SELLER'S FURNITURE. Possession of real property shall be given to Buyer 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 Buyer that the premises have been vacated, Seller will remove or otherwise dispose of all such AAG l • • ' PAGE 4 OF 5 furniture and furnishings. All furniture and furnishings remaining on the premises after ten (10) days shall become the property of Buyer and Buyer may dispose of same without liability as it alone sees fit. Buyer shall not be liable for any loss of or damage to said furniture or furnishings, regardless of when such loss or damage occurs. 14. Warranties, Representations, and Covenants of Seller. Seller hereby warrants, represents, and/or covenants to Buyer 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 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 the section not to be true as of closing, immediately give written notice of such fact or condition to Buyer. 15. 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), (i.i) 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 Cad--, 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, (V11) iJolyCl:lOTli:ated byphenyi._ , (Vill) listed under Article 9 Or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, ( 33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42. U.S.C. S6901 et seq. (42 U.S.C. S9601). AA • PAGE 5 OF 5 16. COMPLIANCE WITH ENVIRONMENT LAWS. The Property and its intended use complies with all applicable laws and governmental. regulations including, with 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. 17. INDEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death, 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 reasonable for acts or omissions to act post close of this escrow. 18. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer 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 SE �R 7732 SPEER STREET #A Xof HUNTINGTON BEACH, CA 92649 R A U UTt o MAILING ADDRESS OF BUYER BUYER HUNTINGTON B A H Y 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 LEGAL DESCRIPTION THE NORTH 85 FEET OF THE WEST 115 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE, NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. EXHIBIT "A"