HomeMy WebLinkAbout25L - AGMT - BRISTOL ST PHASE 3AA �
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
AUGUST 2, 2016
TITLE: APPROVED
APPROVE PURCHASE AGREEMENTS ❑ As Recommended
FOR BRISTOLSTREET IMPROVEMENTS [71 Amended
El O Or rdinance on 16' Reading
PHASE 3A (PROJECT NO. 136792 ❑ Ordinance on 2'd Reading
NONGENERAL FUND) ❑ Implementing Resolution
(STRATEGIC PLAN NOS. 6, 1G; 3,2C) ❑ Set Public Hearing For
CONTINUED TO
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CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute purchase agreements for the full
purchase price for the real property listed below and goodwill (if any) with the following property
owners, subject to nonsubstantive changes approved by the City Manager and City Attorney:
No. Property Owner Property commonly known as /location Acquisition Type Amount
1 Tuat Minh Mai, Trustee 1019 North Bristol Street Full $490,000
(APN 405 - 262 -32)
2 Sandy Saucedo and 1311 West 9`h Street Partial $8,000
Omar Sanchez (APN 004 - 122 -18)
3 Richard Minh Dieu and 907 North Bristol Street Full $450,000
Tien Minh Dieu (APN 405 - 262 -23)
Lino Gaona, Teresa 1015 North Bristol Street
4 Gaona Vasquez, and (APN 405 - 262 -31) Full $472,000
Edgar Gaona
DISCUSSION
Bristol Street is a north -south transportation facility which is designated as a major arterial
highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol
Street segment from Warner Avenue to Memory Lane is a long -term priority project that will be
constructed in several phases. Improvements include widening the street from two to three lanes
in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is
acquiring properties for the development of Phase 3A, bounded by Civic Center Drive and
Washington Avenue. Property acquisitions for this phase are expected to be completed by
spring 2017. Construction is anticipated to begin in summer 2017.
To accommodate the improvements and widening for Phase 3A, acquisitions of the properties
listed above, either partially or in full as noted, are required (Exhibit 1). The offers based on the
appraised values prepared by a licensed appraiser in the State of California were made and
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Purchase Agreement for Bristol Street Improvement Phase 3A
August 2, 2016
Page 2
accepted by the property owners. The compensation amounts listed above are shown in the
attached agreements (Exhibits 2 - 5).
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
In 1990, City Council approved the Bristol Street Final Environmental Impact
Statement/Environmental Impact Report (FEIS /EIR No. 89 -01). Due to several minor design
modifications in Phase 3A, which lies between Civic Center Drive and Washington Avenue, an
Addendum to the FEIS /EIR was prepared and adopted pursuant to the California Environmental
Quality Act by City Council on April 7, 2015.
FISCAL IMPACT
Funds are available in the Bristol Street Improvements Project (No. 136792) for expenditure in
FY 2016/2017 as follows: $710,000 in the Select Street Construction Fund (Account No.
05917661- 66100) and $710,000 in the Measure M2 Street Construction Fund (Account No.
03217663- 66100), subject to nonsubstantive changes.
V I O \J i
Frep Mousavipour
Executive Director
Public Works Agency
FM /EWG /JG /KN /ML
Exhibits: 1. Location Map
2. Agreement for APN 405 - 262 -32
3. Agreement for APN 004 - 122 -18
4. Agreement for APN 405 - 262 -23
5. Agreement for APN 405 - 262 -31
APPROVED AS TO FUNDS & ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
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SUBJECT PROPERTIES
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EXHIBIT 1
MATCHLINE
SEE TOP LEFT
SANTA ANA TITLE: PURCHASE AGREEMENT FOR
— P UU A — AG1= —NDA DATE: PHASE 3A PROJECTONO. 36792
`m, AUGUST 02, 2016 NONGENERAL FUND)
P °a°` W0PKS AGENCY (Strategic Plan No. 6, 1, G; and 3, 2, C)
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PAGE 1 OF 1
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PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "PSA "), entered into on 2016,
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 Tuat Minh Mai, Trustee of
The Tuat Minh Mal's Trust for the benefit of Tuat Minh Mai and his children under The Tuat Minh Mal's Trust
Agreement dated November 27, 2002 (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 1019 N Bristol St. Santa Ana CA)
(APN 405 - 262 -32)
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 First American Title Insurance Company, 2 First American Way, Santa Ana, California, within sixty
(60) days from and after the date on which the City has approved this Agreement.
2. Title to be Conveved. 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 dear 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 properly, 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 riot 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 Thousand and no /100 Dollars ($490,000.00)
insuring the title of the City to said real property is 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 leasohold 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
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
Exhibit 2
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Agreement.
4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2
First American Way, Santa Ana, 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 ninety (90) 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.
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, fixtures & equipment (improvements pertaining to the
realty), goodwill (if any), and severance damages, the total sum of Four Hundred Ninety Thousand and
no/100 Dollars ($490,000,00). City agrees to deposit said purchase price in roved this Agreement, with the Escrow
and gent
within THIRTY (30) days from and after the date on which the City has app
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;
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(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 three (3) days after close of escrow, Seller shall have removed all merchandise,
inventory, equipment, personal property, andfor removable trade fixtures from the Property, Any
merchandise, inventory, equipment, personal property, and /or removable trade fixtures at the Property as of
three (3) 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 three (3) days after close of escrow.
S. Rental and Occugancv 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 /360 -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 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 ore month.
9. 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,
10. 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.
11. 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.
12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation
at fair market value for said real property and includes payment for fixtures & equipment (improvements
pertaining to the realty), goodwill (if any), and severance damages.
13. Acknowledgment of Full Benefits and Release
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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 of goodwill and /or lost profits; loss or impairment of
any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the
realty; damage to or loss of machinery, fixtures, inventory, equipment and /or personal property; 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
Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1253.615 and 1263.025; and
attorney's flees 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 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
14, 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 432 S. Harbor Boulevard, #11, Santa Ana, CA 92704.
15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
16, 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.
17. 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 (1) 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)
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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. 51317), (x) defined
as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42
U.S.C. 56901 et sue. (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 at seq. (42 U.S.C. S9601).
18. Compliance With Environmental Laws, To the best of Seller's knowledge the Property complies
with all applicable laws and governmental regulations including, without limitation, all applicable federal,
state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other
environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution
Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental
Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
regulations, and ordinances of the city within which the subject property is located, the California Department
of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the
Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.
19. 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.
20. 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.
21. Modification and Amendment. This PSA may not be modified or amended except in writing signed
by the Seller and City.
22. 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.
23. 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.
24. Cover
1UR Law. This PSA shall be governed by and construed in accordance with the laws of the
State of California.
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26. No Rolianco 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.
26. 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.
27. Dutv To C000erate 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 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.
26. 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.
20. 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.
30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as
if fully set forth in the body of this PSA.
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written
above.
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SELLER: Tuat Minh Mai, Trustee of The Tuat Minh Mai's Trust
for the benefit of Tuat Minh Mai and his children under
The Tuat Minh Mai's�Trust Agreement dated November 27, 2002
2016
Tuat Minh Mai, Trustee ---
City /Buyer
City of Santa Ana
David Cavazos
City Manager
Attest:
Maria D, Huizar
City Clerk
Approved as to Form:
AJoendoval
Chie Assistant City Attorney
Recommended for Approval:
Date: 2016
Date: 2016
Date: _� 2016
Date: _, 2016
Fred Mousavipour
Executive Director
Public Works Agency
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EXHIBIT "A"
LEGAL DESRIPTIQN
Ali': aajtain real property aotlrsted is the County of Cra ngo, state of ulifornia, d'eso ibeed as follows.
Loft 2 of Tral:t i—o 83�, iui) tho City of Saolta Ana, Coulibi of 01'angec, State of CaiifU62, as sEam" on a I11P
reonrded in a ok 225 Pa[ e 42 of WIsmellsne i.B Nfapas, reofards of Orailge CcUlrtY, Califoucnia.
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EXHIBIT "B" (First American)
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 casts, 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 terns 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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PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "PSA "), entered into on ..................
201 6, 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 Sandy Saucedo and
Omar Sanchez, Wife and Husband 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" and "A -1" — Legal Description
and EXHIBIT "B" and 1113-1" — Plat Map
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as 1311 W. 9th Street, Santa Ana, CA)
(APN: 004 -122 -18)
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:
Conveyance by Seller.
A. 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.
B. Seller agrees to convey to City a Temporary Construction Easement in, on, over and above the
portion of the subject property described on the attached Exhibit "A -1'I and depicted on the attached
Exhibit "B -1'I and incorporated herein by this reference.
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 Eight Thousand Dollars and no /100 ($8,000.00) insuring the title of
the City to said real property is 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
25W5
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 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 "C" 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 "C" 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.
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, temporary construction easement, fixtures & equipment
(improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of f=ight
Thousand Dollars and no /100 ($8,000.00). City agrees to deposit said purchase price in escrow with the
25L -16
Escrow Agent within SIXTY (60) 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 portion of real property to City;
(c) Acceptance by City of a Temporary Construction Easement to City;
(d) Delivery to City of the policy of title insurance as hereinabove provided;
(e) Recordation of the Deed conveying said portion of 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 Seiler of all
personal property.
8. Rental and Occugancy 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 /360 -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 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.
% 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.
10. 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.
11. 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.
12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation
at fair market value for said real property and includes payment for fixtures & equipment (improvements
pertaining to the realty), goodwill (if any), and severance damages.
13. 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
25L -17
claim for compensation for injury to the remainder ( "severance damages "); precondemnation
damages; claims for inverse condemnation; loss of goodwill and /or lost profits; loss or impairment of
any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the
realty; damage to or loss of machinery, fixtures, inventory, equipment and /or personal property; 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
Defendants 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 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.
14. 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 1311 W. 9th Street, Santa Ana, CA 92703.
15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
16. 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.
17. 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)
25L -18
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. 58901 et sue. (42 U.S.G. $6903) 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,
59601 et —sea. (42 U.S.C. 59601).
18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies
with all applicable laws and governmental regulations including, without limitation, all applicable federal,
state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other
environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution
Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental
Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
regulations, and ordinances of the city within which the subject property is located, the California Department
of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the
Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.
18. 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 (1) 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.
20. 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.
21. Modification and Amendment. This PSA may not be modified or amended except in writing signed
by the Seller and City.
22. 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.
23. 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.
24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the
State cf California.
25L -19
25. 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.
26. 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.
27. 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 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.
28. 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.
29. 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.
30, Construction Contract and Curative Work.
(a) It is understood and agreed by and between the parties hereto in addition to the compensation
shown in Paragraph 6 hereinabove, the City, its contractors or assigns, shall perform the following
construction contract items at the time of the installation of the proposed project:
go] aI
All work performed under this Agreement shall conform to all applicable building, fire and sanitary
laws, ordinances and regulations relating to such work and shall be completed in a good and
workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or
reconstructed by the City, shall be left in as good condition as found.
(b) It is understood and agreed by and between the parties hereto that the compensation paid to Seller
through this Agreement includes the value of the cost to remove, relocate, reconstruct and /or
refurbish the following improvements located on the Property:
NONE
39. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as
if fully set forth in the body of this PSA.
25L -20
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written
above.
Sandy Saucedo and Omar Sanchez, Wife and Husband as Joint Tenants
Date: 3A C '2-I 016
Date: Zj_, 2016
City /Buyer
City of Santa Ana
Date: 2016
David Cavazos
City Manager
Attest:
Date: 2016
Maria D. Huizar
City Clerk
Approved as to Form:
Date: 9 u NR- n` -, 2016
Assistant City Attorney
Recommended for Approval:
Date: 12016
Fred Mousavipour
Executive Director
Public Works Agency
25L -21
EXIEBIT `A'
LEGAL DESCRIPTION FOR
RIGHT OF WAY PURPOSES — AP No, 004 - 122 -18
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A
PORTION OF LOT 6 OF TRACT NO. 671, PER MAP RECORDED IN BOOK 24, PAGE 32 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
LYING SOUTHEAS'T'ERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE CENTERLINE INTERSECTION OF NINTH STREET AND BRISTOL
STREET AS SHOWN ON SAID MAP;
THENCE, ALONG SAID CENTERLINE OF NINTH STREET, NOWiH 89 031 "30" WEST, 165.13
FEET;
THENCE, PERPENDICULAR TO SAID CENTRRL INE OP NINTH STREET, NORTH 0 °28'30"
EAST TO A POINT ON THE SOUTH LINE OF SAID LOT 6, SAID POINT BEING THE TRUE
POINT OF BEGINNING, SAID POINT BEING A POINT ON A NON- TANGENT CURVE,
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE
THROUGI4 SAID POINT BEARS SOUTH 26 °03'02" EAST;
THENCE, NORTHEASTERLY ALONG SAID CURVE 11.66 FEET TFIROUGH A CENTRAL
ANGLE OF 7 001'55" TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE
SOUTHERLY, WESTERLY, AND NORTHERLY, HAVING A RADIUS OF 43.00 :FEET;
THENCE, EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID CURVE 185.46 FEET
THROUGH A CENTRAL ANGLE OF 247 006'53" TO A POINT OF REVERSE CURVATURE WITH
A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 95.00 FEET;
THENCE, NORTHWESTERLY ALONG SAID CURVE 24.68 FEET THROUGH A CENTRAL
ANGLE OF 14 053'08" TO THE NORTH LINE OF PARCEL 2 OF PARCEL MAP NUMBER 79 -905,
FILED IN B OOK 150, PAGES 12 AND 13, OF PARCEL MAPS IN THE OFFICE OF SAID COUNTY
RECORDER,
CONTAINING AN AREA OF 71 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS,
RESTRICTIONS, RESERVATIONS, EASEMENTS OF AND &�
RECORD, AND RIGHTS OF WAY, IF ANY. ck Ry-
THIS DESCRIPTION HAS BEEN AnthapY CUOMO
PREPARED BY ME ON
SEPTEMBER CUOMO, gyp, f�42
ANTHONY C. COM PLS 6042
�9r PF CAG1
25L -22
EXHIBIT "A -1"
LEGAL DESCRIPTION FOR
RIGHT OF WAY PURPOSES — AP No. 004- 122 -18
BEING A 5.00 FOOT STRIP, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, SAID STRIP BEING A PORTION OF LOT 6 OF TRACT NO.
671, PER MAP RECORDED IN BOOTS 24, PAGE 32 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE SOUTHEASTERLY
LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF NINTH STREET AND
BRISTOL STREET AS SHOWN ON SAID MAP;
THENCE, ALONG SAID CENTERLINE OF NINTH STREET, NORTH 89 °31'30" WEST,
165.13 FEET;
THENCE, PERPENDICULAR TO SAID CENTERLINE OF NINTH STREET, NORTH
0028'30" WEST TO A POINT ON THE SOUTH LINE OF SAID LOT 6, SAID POINT BEING
THE TRUE POINT OF BEGINNING, SAID POINT BEING A POINT ON A NON -
TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 95,00
FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 26003'02" EAST;
THENCE, NORTHEASTERLY ALONG SAID CURVE 11.66 FEET THROUGH A
CENTRAL ANGLE OF 7001'55" TO A POINT OF REVERSE CURVATURE WITH A
CURVE, CONCAVE SOUTHERLY, WESTERLY, AND NORTHERLY, HAVING A
RADIUS OF 43.00 FEET;
THENCE, EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID CURVE 185.46
FEET THROUGH A CENTRAL ANGLE OF 247006'53" TO A POINT OF REVERSE
CURVATURE WITH A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF
95.00 FEET;
THENCE, NORTHWESTERLY ALONG SAID CURVE 24,68 FEET THROUGH A
CENTRAL ANGLE OF 14053'08" TO TIIE NORTH LINE OF PARCEL 2 OF PARCEL MAP
NUMBER 79 -905, FILED IN BOOK. 150, PAGES 12 AND 13, OF PARCEL MAPS IN THE
OFFICE OF SAID COUNTY RECORDER.
THE NORTHWESTERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR
SHORTENED TO TERMINATE EASTERLY IN THE EAST LINE OF SAID LOT 6 AND
SOUTHWESTERLY IN THE SOUTH LINE OF SAID LOT 6.
Page 1 of 2
25L -23
CONTAINING AN AREA OF 125 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY.
THIS DESCRIPTION HAS BEEN
ll
PREPARED B Y ME ON
SEPTEMBER 28, 2015ANTHONY
rr,.,,h..y
C. CUOMO, PLS 6042
,, CUOMO
42
CT
Page 2 of 2
25L -24
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TR 671 J C2 A =8 °47' 17" R =43, 00
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L =3, 34'
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ISON-FRANK & ASSOC., INC. EXHISIT B'
SURVEYING - MAPPING AP No. 004 - 122 -18 BRISTOL STREET WIDENING - PHASE
�. HUNTER AVENUE SKETCH TO ACCOMPANY LEGAL DESCRIPTION III -A CIVIC CENTER DR, TO
IM. HUNTER 9E -2049 WASHINGTON AVE. PROJECT N..
]7] -697] FAX 807 777 -16ki GATE 09 -26 -2075 SHEET I OF 7 13 -6782
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25L -25
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EXHIBIT "B -1"
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C 1
d =74 01' 55' R =95. 00
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L=11,
L= 11.66'
LOT 4
TJ24/32
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25L -26
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EXHIBIT "C" (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. Recordatlon 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 be-fore 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 bury the property herein described upon the terms hereof.
These escrow instructions, and amendments hereto, may be executed
which independently shall have the same effect as if it were the original,
constitute one and the same instruction.
25L -27
in one or more counterparts, each of
and all of which taken together shall
25L -28
PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "PSA "), entered into on 1 2016,
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, Richard Minh Dieu, a single
man and Tien Minh Dieu, a single man, each as to an undivided 50% interest as tenants in common
(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 907 N. Bristol Street, Santa Ana, CA)
(APN: 405 - 262 -23)
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 Fifty Thousand and no /100 Dollars ($450,000.00)
insuring the title of the City to said real property is 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
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.
25kn?eP4
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.
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, fixtures & equipment (improvements pertaining to the
realty), goodwill (if any), and severance damages, the total sum of Four Hundred Fifty Thousand and
no /100 Dollars ($450,000.00). 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;
25L -30
(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 three (3) 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 three 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 three (3) days after close of escrow.
8. 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/36D -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 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.
9. 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.
10. Heirs Assigns, Successors- in- lnterest. 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.
11. 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.
12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation
at fair market value for said real property and includes payment for fixtures & equipment (improvements
pertaining to the realty), goodwill (if any), and severance damages.
25L -31
13. 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 of goodwill and /or lost profits; loss or impairment of
any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the
realty; damage to or loss of machinery, fixtures, inventory, equipment and /or personal property; 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 Selleres
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 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
14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.Q. Box
1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the
Seller is 907 N. Bristol Street, Santa Ana, CA 92703.
15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
16. 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.
17. 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
25L -32
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.G. S6901 et seq. (42 U.S.C. 86903) or (A) defined as a "hazardous substances" pursuant to Section
101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C.
59601 et seq. (42 U.S,C. 89601).
18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies
with all applicable laws and governmental regulations including, without limitation, all applicable federal,
state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other
environmental matters, Including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution
Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental
Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
regulations, and ordinances of the city within which the subject property is located, the California Department
of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the
Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.
19. Indemnity. Seiler 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.
20. 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.
21. Modification and Amendment. This PSA may not be modified or amended except in writing signed
by the Seller and City.
21 Partial Invaildity. 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.
23. 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.
24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the
State of California.
25L -33
25. 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.
26. 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.
27. Duty To Cooperate f=urther. 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 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.
28. 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.
29. 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.
30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as
if fully set forth in the body of this PSA.
25L -34
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written
above.
SELLER: Richard Minh Dieu, a single man and
Tien Minh Dieu, a single man, each as
to an undivided 60% interest as tenants in common
City /Buyer
City of Santa Ana
David Cavazos
City Manager
Attest:
Maria D. Huizar
City Clerk
Approved as to Form:
Jo ndoval
Chief sistant City Attorney
RECOMMENDED FOR APPROVAL:
Fred Mousavipour
Executive Director
Public Works Agency
Date: 06 ^ 14° 12016
Date: i2e' .. (!2 ..-,2016
Date:
Date:
2016
2016
Date: �NJ ad--, 2016
Date:
25L -35
2016
EXHIBIT "A"
LEGAL DESRIPTION
All that certain real property situated in the County of Orange, State of California, described as follows:
That portion of Lourie's subdivision, in the City of Santa Ana, County of Orange, State of California, as per
map recorded in Bool< S. Paces 12 of miscellaneous maps, in the office of the County Recorder of said County,
being more particularly described as the North 50 feet of the South 250 feet of the following described land:
Commencing at a point 325 feet of the Northeast corner of Lot 4 in block A of Hedges addition to Santa Ana,
as shown on map recorded in Book 31 Page 48 of miscellaneous records of Los Angeles County, California;
running thence North parallel to the West line of Baker Street, 37 4 feet; thence West 325 feet to the East line
of Bristol Street, as said Bristol Street is shown on said map of Hedges addition to Santa Ana; thence South
along East line of Bristol, 374 feet to the Northwest corner of Lot 19 in block B of said Hedges Addition to
Santa Ana; thence East 325 feet to the point of beginning.
Excepting therefrom the East 175 feet
Assessor's Parcel Number: 405- 262 -23
25L -36
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.
25L -37
25L -38
PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "PSA "), entered into on ------------------
201 6, 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 Lino Gaona and Teresa
Gaona Vasquez, husband and wife and Edgar Gaona, a single man, 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 1016 North Bristol Street, Santa Ana, CA 92703)
(Al 405- 262 -31)
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 Title Company at 4100 Newport Place Dr. Suite 120 Newport Beach, California
within sixty (90) 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 Seventy Two Thousand and no /100 ($472,000.00)
insuring the title of the City to said real property is 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
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.
Exhibit 5
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4. Escrow, City agrees to open an escrow at the office of Commonwealth Title Company at 4100
Newport Place Dr. 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 (90) 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.
6. Payment of Purchase Price. City agrees to pay to Seiler, and Seller agrees to accept from City, as
and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the
realty), goodwill (if any), and severance damages, the total sum of Four Hundred Seventy Two Thousand
and no /100 ($472,000.00) City agrees to deposit said purchase price in escrow with the Escrow Agent within
THIRTY (90) 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;
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(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.
S. 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 /360 -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 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.
9. 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.
% 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.
11. 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.
12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation
at fair market value for said real property and includes payment for fixtures & equipment (improvements
pertaining to the realty), goodwill (if any), and severance damages.
13. 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 of goodwill and /or lost profits; loss or impairment of
any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the
realty; damage to or loss of machinery, fixtures, inventory, equipment and /or personal property; 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
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Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and
attomey'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 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.
C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an opportunity to
consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which
provides as follows:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if known
by him or her must have materially affected his or her settlement with the debtor. "
Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently
unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained,
may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby
acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and
hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542,
or under any statute or common law or equitable principal of similar effect.
This acknowledgment and release shall survive the Close of Escrow.
14. 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 1015 N. Bristol Street, Santa Ana, CA 92703.
15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
16, 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.
17, 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
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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)
polyohlorinated 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 sec. (42 U.S.C. 56903) 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 sea. (42 U.S.C. S9601).
18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies
with all applicable laws and governmental regulations including, without limitation, all applicable federal,
state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other
environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution
Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental
Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
regulations, and ordinances of the city within which the subject property is located, the California Department
of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the
Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.
19. 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.
20. 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.
21. Modification and Amendment. This PSA may not be modified or amended except In writing signed
by the Seller and City.
21 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.
23. 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.
24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the
State of California.
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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.
26. 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.
27. Dutv 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 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.
28. 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.
29. 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.
30. 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 PSA on the date and year first written
above.
SELLER:
Lino Gaona and Teresa Gaona Vasquez, husband and wife and Edgar Gaona, a single
man, as joint ant r�
— Date: !i G' 2016
Lino Gaona
CITY OF SANTA APIA
CityfBuyer
David Cavazos
City Manager
ATTEST:
Maria D. Huizar
City Clerk
APPROVED AS TO FORM:
J s Sandoval
h' f Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Fred Mousavipour
Executive Director
Public Works Agency
Date: 15 �' ., 2016
Date: 5 p .12016
Date: 12016
Date: 12016
Date: 2016
Date: 12016
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EXHIBIT "A"
LEGAL DESRIPTION
All that certain real property situated in the County of Orange, State of California, described as follows:
Lot 3 of Tract No. 839, in the City of Santa Ana, County of Orange, State of California, as per map recorded
in Book 25 Page 42 of Miscellaneous Maps, in the Office of the County Recorder of said County.
Assessor's Parcel Number: 405 - 262.31
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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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