HomeMy WebLinkAbout20A - AA AND AGMT FOR PROPERTY ACQUISITION FOR WARNRREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 4, 2020
TITLE
APPROVE AN APPROPRIATION
ADJUSTMENT FOR $371,250 AND
AUTHORIZE A PURCHASE AGREEMENT
TOTALING $495,000 FOR REAL
PROPERTY ACQUISITION FOR WARNER
AVENUE IMPROVEMENTS PHASE 2
(PROJECT NO. 18-6901)
(NON -GENERAL FUND)
{STRATEGIC PLAN NOS. 6, 1G; 3, 2C}
/s/Kristine Ri
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 111 Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Approve an appropriation adjustment of $371,250 in Measure M2 Competitive, Arterial Capacity
Enhancements grant funding from the Measure M-Street Construction revenue account and
appropriate the same amount to the Measure M2 Competitive Street, Land expenditure account
for property acquisition referenced below.
2. Authorize the City Manager to execute a Purchase Agreement for the real property full
acquisition and goodwill (if any) with the property owners listed below, subject to non -
substantive changes approved by the City Manager and City Attorney:
No. Property Owner Property commonly Acquisition Amount
known as / location Type
1 Hoc Van Nguyen & Dung 2246 S. Evergreen Street Full $495,000
Thi Vu (APN 016-212-25)
DISCUSSION
Warner Avenue is classified as an East-West Major Arterial in the City's General Plan Circulation
Element and the County of Orange Master Plan of Arterial Highways. Improving the one -mile
segment of Warner Avenue from Main Street to Wright Street has been a long-term priority project
that is being constructed in several phases. Improvements include widening from a four -lane
roadway to a six -lane arterial, to address safety issues and provide adequate vehicular capacity;
and installing parkway, raised median landscape, storm drain, protected bike lanes, sound walls,
street lights, and traffic signals. The City is acquiring properties for the development of Phase 2 of
20A-1
Real Property Purchase Agreement - Warner Avenue Improvements, Phase 2
February 4, 2020
Page 2
the Warner Avenue Improvements project, bounded by Oak Street and Grand Avenue.
Construction is anticipated to begin in winter 2020.
The recommended property acquisition is necessary to accommodate the street improvements for
Phase 2 (Exhibit 1). The purchase offers were determined based on the appraised value prepared
by a California State licensed appraiser and accepted by the property owner. The compensation
amounts listed above are incorporated in the attached agreement (Exhibit 2).
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy G (develop and implement the City's Capital Improvement Program in
coordination with the Community Investment and Deferred Maintenance Plans).
Approval of this item also supports the City's efforts to meet Goal #3 - Economic Development,
Objective #2 (create new opportunities for business/job growth and encourage private development
through new General Plan and Zoning Ordinance policies), Strategy C (support business
development and job growth along transit corridors through the completion of critical transit
plans/projects).
ENVIRONMENTAL IMPACT
On September 1, 2015, City Council approved the Warner Avenue Final Environmental Impact
Statement (SCH No. 2012101004).
FISCAL IMPACT
A grant award of $10,560,000 in Orange County Transportation Authority (OCTA) Measure M2
Arterial Capacity Enhancements (ACE) funding for Warner Avenue Improvement Project right-of-
way activities was recognized in the Fiscal Year 2018-19 Capital Improvement Program. Due to
OCTA Board action in May 2019, all M2 payments to the City have been suspended until City
regains M2 eligibility. Subsequently, the budget appropriation for this project was not carried
forward to the City's Fiscal Year 2019-20 Budget. City staff wishes to proceed with project delivery,
as pending M2 funds will be reimbursed to City once compliance with the Maintenance of Effort
requirements are accepted by OCTA, with anticipated renewal in early 2020. Therefore, the
requested Appropriation Adjustment (Recommended Action No. 1) will reappropriate $371,250 of
the grant award to provide sufficient funding to complete this property purchase. If the City does
not receive the Measure M2 funding as expected, this project will be backfilled with an alternative
funding source.
Approval of the requested Appropriation Adjustment will recognize $371,250 in the Measure M-
Street Construction Fund, Measure M2 Competitive revenue account (No. 03217002-52332) and
appropriate the same amount into the Measure M-Street Construction Fund, Measure M2
Competitive Street, Land expenditure account (No. 03217663-66100). With $123,750 from the City
of Tustin contribution already budgeted in the Warner Avenue Improvements Project (No. 18-6901),
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Real Property Purchase Agreement - Warner Avenue Improvements, Phase 2
February 4, 2020
Page 3
a total of $495,000 will then be available for property acquisition expenditures in FY 2019-20 as
follows:
Accounting
Accounting Unit —Account
Fiscal Year
Unit —
Fund Description
No. Description
Amount
Account No.
PROPERTY ACQUISITION
FY 2019-20
03217663-
Measure M-
Measure M2 Competitive
$371,250
66100
Street Construction
Street — Land
FY 2019-20
05917668-
Select Street Construction
Warner Ave -Tustin CFD —
$123,750
66100
(City of Tustin Contribution)
Land
TOTAL PROPERTY PURCHASE AGREEMENT:
$495,000
APPROVED AS TO FUNDS AND ACCOUNTS:
Nabil Saba, PE Kathryn Downs, CPA
Acting Executive Director Executive Director
Public Works Agency Finance and Management Services Agency
NS/EWG/JG/KN
Exhibits: 1. Location Map
2. Purchase Agreement —APN 016-212-25
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LEGEND SEE TOP LEFT
-SUBJECT PROPERTY
-ACQUIRED PROPERTIES
EXHIBIT 1
SANTA ANA TITLE:
.^PURCHASE AGREEMENTS FOR WARNER AVENUE
� IMPROVEMENTS (PROJECT NO 18-e=
ftOL1C �, ,�,�, NONGENERAL FUND)
[Strateaio Plan No. 6.1. 0 and 3. 2. Cl
EXHIBIT 2
PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "PSA"), entered into on
2019, between the CITY OF SANTA ANA, a charter city and municipal
corporation duly organized under the Constitution and laws of the State of California
(hereinafter "City" or "Buyer"), and HOC VAN NGUYEN AND DUNG THI VU, husband and wife
as joint tenants (hereinafter "Seller'), regardless of number or gender;
THEREFORE, for and in consideration of their mutual promises, covenants and agreements,
and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and
City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property")
legally described as follows:
SEE EXHIBIT "A" — Legal Description
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as 2246 S. Evergreen Street, Santa Ana, CA 92707)
(APN: 016-212-25)
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of
the following terms, conditions, promises, covenants, agreements and provisions, to wit:
1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed,
at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120,
Newport Beach, California, within sixty (60) days from and after the date on which the City has
approved this Agreement.
2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise
expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and
clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments,
profits, limitations, encumbrances (whether monetary or non -monetary, general or specific,
including any and all leasehold interests), liens, clouds or defects in title except those exceptions
shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be
conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that
acceptance by City of any deed to said real property, with or without knowledge of any condition,
restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance
(whether monetary or non -monetary, general or specific, and including any and all leasehold
interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full
and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might
accrue to City because of the failure of Seller to convey title as hereinabove provided.
3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said
real property to City, within the time and at the place hereinabove specified for said conveyance
of said real property, a policy of title insurance to be issued by the above mentioned title company,
with the City therein named as the insured, in the amount of Four Hundred Ninety -Five Thousand
and 00/100 Dollars ($495,000) insuring the title of the City to said real properties are free and
clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments,
profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and
including any and all leasehold interests), liens, clouds or defects in title, excepting such specific
ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such
policy of insurance, whether such insurance complies with the requirements of this paragraph or
not, shall not constitute a waiver by City of its right to such insurance as is herein required of
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Seller, nor a waiver by the City of any rights of action for damages or any other rights which may
accrue to City by reason of the failure of Seller to convey title or to provide title insurance as
required in this Agreement.
4. Escrow. City agrees to open an escrow at the office of Commonwealth Land Title
Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, (the Escrow Agent)
within five (5) days from and after the date on which the City has approved this Agreement. This
Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate
original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow.
Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not
in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions
of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer
may, at its option, request cancellation of escrow and this Agreement and return of any funds it
has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this
Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon
as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon
close of Escrow.
The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its
acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached
hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller
within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent
hereunder.
City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any
transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation
fees, escrow fees and any other closing costs incidental to the conveying of said real property to
City. 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,
The liability to the Escrow Agent under this Agreement is limited to performance of the obligations
imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions
of this Agreement.
5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year
within which said real property is conveyed to City as are unpaid at the time of said conveyance
shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and
Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7
of the Revenue and Taxation Code of the State of California for that portion of property taxes on
said real property for said fiscal year which have been paid prior to the date the deed conveying
said real property to City is recorded which is allocable to that portion of the fiscal year which
begins on the date the deed conveying said real property to City is recorded and made
uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State
of California. To the extent that Seller has prepaid any taxes or assessments attributable to the
Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing
authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said
refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if
any, through or outside of Escrow.
All unpaid taxes on said real property for any and all years prior to the fiscal year within which
said conveyance is made shall be paid by Seller before conveyance of said real property to City.
20A-6
6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept
from City, as and for the full purchase price for said real property, the total sum of Four Hundred
Ninety -Five Thousand and 00/100 Dollars ($495,000). City agrees to deposit said purchase
price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which
the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the
same to Seller upon and after:
(a) Conveyance of said real property by Seller to City as hereinabove provided;
(b) Acceptance by City of a Grant Deed conveying said real property to City;
(c) Delivery to City of the policy of title insurance as hereinabove provided;
(d) Recordation of the Deed conveying said real property to City.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real
property to City is recorded, quiet and peaceful possession of said real property, which shall be
made free by Seller of all personal property.
a. No later than fourteen (14) days after close of escrow, Seller shall have removed
all merchandise, inventory, equipment, personal property, and/or removable trade
fixtures from the Property. Any merchandise, inventory, equipment, personal
property, and/or removable trade fixtures at the Property as of fourteen (14) days
after close of escrow shall be deemed abandoned by Seller on that date.
b. If Seller does not vacate the Property by the above stated date, the Seller agrees
to have the Court immediately issue a Writ of Possession and/or Assistance,
directing the Marshall or Sheriff of Orange County to take physical possession of
the Property in favor of the City. Seller waives the right to have the City file an
unlawful detainer action, as well as waive the right to any hearing or any
requirements for an application by City to obtain the Writ of Possession and/or
Assistance and waives any and all rights to object to the issuance of said Writ if
Seller does not vacate the Property by fourteen (14) days after close of escrow.
8. Holdover Seller. At the sole discrepancy of the City, the City may allow the Seller to stay
beyond the three days after the close of escrow as stated in Section 7a. In doing so, the Seller
will become a Holdover Seller, and will be required to sign an interim rental agreement. Said rental
agreement will provide the rental rate and terms of the lease. If the City or its agents fail to provide
said rental agreement to Seller and Seller is still in occupancy of the Property after the three days
after the close of escrow, then Seller is responsible to contact the City or its agents, to determine
as to where to send their rent payment. Failure of City or its agents to present the interim rental
agreement to Seller does not absolve the Seller from paying rent.
9. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and
correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver
same to City 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/365-
day year consistent with that statement, subject to approval of City. Seller hereby agrees not to
rent any units on the premises which are vacant as of the date that this agreement is executed
by seller, or which may be vacated by present occupants prior to close of escrow. In return, the
City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of
escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property
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collected by or in the possession of Seller prior to the close of escrow shall be transferred to and
become the property of City during 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) and Seller
agrees to hold City 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 the subject property
exceeding a period of one month.
10. Waivers. The waiver by City of any breach of any covenant or agreement herein
contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent
or other breach of said covenant or agreement nor a waiver of any breach of any other covenants
or agreements contained herein.
11. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and
conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and
assigns of the respective Parties hereto.
12. Time is of the Essence. In all matters and things hereunder to be done and in all
payments hereunder to be made, time is and shall be of the essence.
13. Just Compensation. Seller acknowledges and agrees that said purchase price is just
compensation at fair market value for said real property.
14. Acknowledgment of Full Benefits and Release.
A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors,
administrators, 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 claim for compensation for injury to the
remainder ("severance damages"); precondemnation damages; claims for inverse
condemnation; loss or impairment of any "bonus value" attributable to any lease;
damage to or loss of improvements pertaining to the realty; any right to repurchase,
leaseback from Seller, or receive any financial gain from, the sale of any portion of
the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to
Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant
to Code of Civil Procedure section 1245.245; any right to enforce any other obligation
placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025
and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil
Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and
costs. 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 the acquisition of the Property by Buyer. This release shall survive
the Close of Escrow.
B. This Agreement arose out of Buyer's efforts to acquire the Property through its
municipal authority. Seller, on behalf of himself, his heirs, executors, administrators,
successors and assigns, hereby fully releases Buyer, its successors, agents,
representatives (including attorneys), and assigns, and all other persons and
associations, known or unknown, from all claims and causes of action by reason of
any damage which has been sustained by Seller, or may be sustained by Seller, as
a result of Buyer's efforts to acquire the Property or to construct the works of
1LM:
improvement thereon, or any preliminary steps thereto. This Agreement does not,
and shall not be construed to, require Seller to indemnify Buyer for damages which
may arise as a result of Buyer's efforts to construct improvements on the Property.
This acknowledgment and release shall survive the Close of Escrow.
15. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36,
P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing
address of the Seller is 1013 S. Elliot Place, Santa Ana, CA 92704.
16. Exceptions. City agrees to accept title to said real property subject to the following:
NONE.
17. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the
whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all
issue(s) that were raised or could have been raised in connection with the acquisition of Said Real
Property by City.
18. 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 biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely
hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4,
Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean
Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of
the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (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 seq.
(42 U.S.C. S9601).
19. 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
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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.
20. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and
against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
punitive damage, or expense (including, without limitation, attorneys' fees), resulting from,
arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or
disposal of any Hazardous Material on, under, in or about, or the transportation of any such
materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute,
ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation,
release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or
about, to or from, the Property. This indemnity shall include, without limitation, any damage,
liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action,
suit or proceeding for personal injury (including sickness, disease, or death, 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.
21. Contingency. It is understood and agreed between the parties hereto that the completion
of this transaction, and the escrow created hereby, is contingent upon the specific acceptance
and approval of the City herein. The execution of these documents and the delivery of same to
Escrow Agent constitute said acceptance and approval.
22. Modification and Amendment. This PSA may not be modified or amended except in
writing signed by the Seller and City.
23. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the
conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall
have no effect, but all the remaining provisions of this PSA shall remain in full force.
24. Captions. Captions and headings in this PSA, including the title of this PSA, are for
convenience only and are not to be considered in construing this PSA.
25. Governing Law. This PSA shall be governed by and construed in accordance with the
laws of the State of California.
26. No Reliance By One Party On The Other. Each party has received independent legal
advice from its attorneys with respect to the advisability of executing this PSA and the meaning of
the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and
not for or against any party based upon any attribution to such party as the source of the language
in question.
27. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no
other person or entity has or shall acquire any rights hereunder.
28. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the
other, execute and deliver such further documents (in form and substance reasonably acceptable to
20A-10
the party to be charged) and do such other acts and things as are reasonably necessary and
appropriate to effectuate the terms and conditions of this PSA, without cost.
29. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure
to the benefit of the successors and assigns of the Parties to this PSA.
30. Authority to Execute Agreement. Each undersigned represents and warrants that its
signature herein below has the power, authority and right to bind their respective parties to each of
the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees,
for any injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
31. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this PSA.
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IN WITNESS WHEREOF, the Parties hereto have executed this Purchase and Sale Agreement
on the date and year first written above.
SELLER:
HOC VAN NGUYEN AND DUNG THI VU, husband and wife as joint tenants
Hoc Van Nguyen
�.
Dung"Thi Vu
CITY OF SANTA ANA:
City/Buyer
Kristine Ridge
City Manager
ATTEST:
Daisy Gomez, MMC
Clerk of the Council
APPROVED AS TO FORM:
John M. Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Nabil Saba
Acting Executive Director
Public Works Agency
Date: It — D.t- — I9
Date: _ _ O 2 — 11
Date:
Date:
Date: 1 2--1L 1 q
Date:
20A-12
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN COUNTY OF ORANGE, STATE
OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 26 IN BLOCK B OF TRACT NO. 1541, IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 45, PAGE 48
AND 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
ASSESSOR'S PARCEL NUMBER: 016-212-25
20A-13
EXHIBIT "B" (Commonwealth Land Title Company)
GENERAL ESCROW PROVISIONS
All disbursements shall be made by Escrow's check. All funds received in this escrow shall be
deposited in one or more of your general escrow accounts with any bank doing business in the
State of California and may be transferred to any other general escrow account or accounts. The
expression "close of escrow" means the date on which instruments referred to herein are filed for
record. All adjustments are to be made on the basis of a 30-day month. Recordation of any
instruments delivered through this escrow, if necessary or proper in the issuance of a policy of
title insurance called for, is hereby authorized.
There shall be no proration of any existing insurance policies in this escrow.
You are to furnish a copy of these instructions, amendments thereto, closing statements and/or
any other documents deposited in this escrow to the lender or lenders, the real estate broker or
brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders,
brokers or attorneys.
Should you before or after close of escrow receive or become aware of any conflicting demands
or claims with respect to this escrow or the rights of any of the parties hereto, or any money or
property deposited herein affected hereby, you shall have the right to discontinue any or all further
acts on your part until such conflict is resolved to your satisfaction, and you shall have the further
right to commence or defend any action or proceedings for the determination of such conflict. The
parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses,
including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out
of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader
brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released
and discharged from all obligations imposed upon you in this escrow.
If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable
monthly charge as custodian thereof of not less than $10.00 per month.
Time is declared to be the essence of these instructions. If you are unable to comply within the
time specified herein and such additional time as is required to make an examination of the official
records, you will return all documents, money or property to the party entitled thereto upon
satisfactory written demand and authorization. Any amendment of and/or supplement to any
instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property
herein described upon the terms hereof.
These escrow instructions, and amendments hereto, may be executed in one or more
counterparts, each of which independently shall have the same effect as if it were the original,
and all of which taken together shall constitute one and the same instruction.
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