HomeMy WebLinkAbout2115 BRISTOL TRUST, LAN LE TRUSTEEA-2016-263
PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "ASA"), 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 2115 Bristol
Trust, Lan Le as trustee (hereinafter "Seller"), regardless of number or gender;
WHEREAS, Seller commissioned an appraisal of Said Real Property (as defined below) dated
December 8, 2015. Seller obtained the appraisal in a good faith effort to obtain the fair market
value of Said Real Property (not including any goodwill) and to pay Seller just compensation
within the meaning of the just compensation clause of Article 1, Section 19 of the California
Constitution. The valuation does not include any increase or decrease In fair market value caused
by the public improvement for which the property is to be acquired. The December 8, 2015
appraisal provides that the fair market value of Said Real Property is $2,475,000.
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 2115-2123 S. Bristol Street, Santa Ana, CA 92704)
(APN 015-194-20,-21 &-22)
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 Seiler. 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 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. SelJer 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 plane 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 Two Million, Six Hundred Sixty -Five
Thousand, Eight Hundred Twenty -Five and no/100 Dollars ($2,665,826.00) 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.
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 forty-five (45)
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), appraisal costs, and severance damages, the total sum of Two Million, Six
Hundred Eighty-Two Thousand and no/100 Dollars ($2,682,000.00) as shown in Exhibit "C".
City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days
from and after the date on which the City has approved this Agreement, and the Escrow Agent is
hereby authorized to pay the same to Seller upon and after:
(a) Conveyance of said real property by Seller to City as hereinabove provided;
(b) Acceptance by City of a Grant Deed conveying said real property to City;
(c) Delivery to City of the policy of title insurance as hereinabove provided;
(d) Recordation of the Deed conveying said real property to City.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real
property to City is recorded, quiet and peaceful possession of said real property, which shall be
made free by Seller of all personal property.
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 twenty (20) days hereof with copies of any written leases or rental agreements attached. All
rents will be prorated as of the close of escrow on the basis of a 30-day month/365-day year
consistent with that statement, subject to approval of City, Seller hereby agrees not to rent any units
on the premises which are vacant as of the date that this agreement is executed by seller, or which
may be vacated by present occupants prior to close of escrow. In return, the City agrees to
reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller
agrees that any and all Tenant Security Deposits pertaining to the subject property 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-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. Buyer warrants and represents that the appraisal conducted by Buyer
and dated December 8, 2015 constitutes a good faith appraisal of said real property and that the
value in same constitutes fair market value (not including any goodwill) for Said Real Property. Seller
acknowledges and agrees that said purchase price constitutes just compensation at fair market value
for said real property, within the meaning of the just compensation clause of Article 1, Section 19 of
the California Constitution, and includes the value of fixtures & equipment (improvements pertaining to
the realty), and severance damages but does not include any goodwill or lost profits . Seller and Buyer
both acknowledge that the purchase price referenced in Paragraph 6 does not include any amount for
any loss of business goodwill or lost profits, and that any claims for loss of business goodwill or lost
profits resulting from the relocation are explicitly retained by Seller. Further, the purchase price
referenced in Paragraph 6 does not include any amount for relocation or relocation costs, as such rights
and obligations are subject to a separate and independent agreement
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 claims regarding just, compensation for injury to the remainder
("severance damages"); precondemnation damages; claims for inverse condemnation; loss or
impairment of any "bonus value" attributable to any lease; damage to or loss of Improvements
pertaining to the realty; 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 not apply to any claims for loss of
business goodwill as a result of relocation, as such claims are retained by Seller pursuant to
Paragraph 12 above, or any claims arising after the date of execution of this Agreement.
Further, this release shall not affect any rights or obligations pertaining to relocation or
relocation costs, as such rights and obligations are subject to a separate and independent
agreement, as explained in Paragraph 12 above. 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.
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, and State of California. The mailing
address of the Seller is 18060 S. 3d Street Fountain Valley, CA 92708.
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) 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. $6901 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 at seq. (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.
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. Governing Law, This PSA shall be governed by and construed in accordance with the laws
of the State of California.
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 each party agrees to indemnify each other fully, including reasonable costs and
attorney's fees, for any injuries or damages to the other party 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.
SELLER: 2115 Bristol Trust, Lan Le as Trustee
_,kL&� 0 �� }_—
-- Date: 2016
Lan Less
Trust ust....
City/Buyer
City of Santa An
r
David Cavazos
City Manager
Attest:
Maria D. Huizar
City Clerk
Approved as to Form:
JSandoval
Co of Assistant City Attorney
FOR
ive Director
Works Agency
Date:
2016
Date:,,, l °%. 2016
Date: to uS+ Z , 2016
LEGAL DESRIPTION
Real property in the City of Santa Ana, County of Orange, State of California, described as
follows:
PARCEL 1AS SHOWN ON EXHIBIT A ATTACHED TO LOT LINE ADJUSTMENT NO.
2002-09 RECORDED JANUARY 30, 2003 AS INSTRUMENT NO. 03-113806 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
APN: 015-194-20 and 015-194-21 and 015-194-22
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 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.
EXHIBIT "C"
Fair Market Value of the Subject Property
Land and structures $2,665,825
(as per attached appraisal summary statement)
', Fixtures and Equipment pertaining to realty
(as per attached inventory) $16,175.00
2 Total just compensation $2,682,000
' The City has not made a determination as to the ownership of the Fixtures and Equipment (F&E).
Landlord and tenant will need to come to an agreement as to the ownership of these items, before
compensation can be withdrawn from Escrow. Please see the attached Full Acquisition Offset
escrow, or otherwise hold said funds on deposit.
2. The total just compensation offered assumes that the property is free of any environmental
contaminates or other conditions which may impact fair market value.
When recorded, please mail this
instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
APPROVED AS TO
APPROVED BY
DESCRIPTION
DESCRIPTION
A.P,
RRV MAP
PROJECT
TAXES
FORM BY ATTY,
DIRECTOR
WRITTEN BY
CHECKED-O.K.
NUMBER 015-194-20 and
NUMBER
NUMBER
X
015-194-21 and
015-194-22
2115, 2119 and 2123 South Bristol Street, Santa Ana, CA
92704
DEED NUMBER
C`J.��42-101
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
2115 Bristol Trust, Lan Le as Trustee
Does hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized
under the Constitution and laws of the State of California, for public roadway purposes, all that real
property in the City of Santa Ana, Orange County, State of California, located at 2115, 2119 and 2123
South Bristol Street, Santa Ana, CA 92704, described as follows:
SEE EXHIBITS "A" AND "A1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated aq ki
By: 12 44
Lan Le, Trustee under the
2115 Bristol_
Dated : By:
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of br. ,j )
On 1 ,gTosr- f� ey 1odG beforeme, S:,sp,a e Akertr.� _ ywrn�q asb(c.
pnsort name and titleul III o0icer)
personally appeared L. rn " T Iii XJ A +,— L-�
Nujme, of Signci 1 1)
\ aunc of SiLucr ( 2)
who proved to me on the basis of satisfactory evidence to be the person(y) whose name(o is/Are subscribed
to the within instrument and acknowledged to me that bL/she/th6 executed the same in W/her/their
authorized capacity(iey), and that by lyfs/her/thgir signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(ak) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary 11ut-diC
When recorded, please mail this
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cnrtiEalNF Nicxs�
COMMISSION B 2092261 3
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Notary Public California 3
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ORANGE COUNTY
My Comm Expires Dec. 16. 2018
(Seal)
instrument and tax statements to:
Cleric of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
ABOVE THIS LINE FOR RECORDERS
CANCEL
APPROVED AS TO
APPROVED BY
DESCRIPTION
DESCRIPTION
A. P.
MW MAP
PROJECT
TAXES
POW BY ATTY,
DIRECTOR
WRITTEN BY
CHECKED.OK
NUMBER 015-194-20 and
NUMBER
NUMBER
x
015-194-21 and
015-194-22
2115, 2119 and 2123 South Bristol Street, Santa Ana, CA
92704
7 NUMBER
REALTY IMPROVEMENT QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 2115 Bristol Trust, Lan Le
as Trustee, Does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to THE CITY OF SANTA
ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the
State of California, all rights title and interest in improvements pertaining to the realty listed on Exhibit
"A2" hereto, said improvements being located on the real property situated in Orange County, State of
California, described in Exhibit "A" hereto. This is a quitclaim of the listed improvements pertaining to
realty only, and not a quitclaim of the real property or any interest therein.
See Exhibit "A", Real Property Legal Description and Exhibit "A2", Improvements Pertaining to the
Realty, attached hereto and made part hereof.
Dated A�10511, I rrr lotto
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness. accuracv. or validity of that document.
STATE OF CALIFORNIA
COUNTY OF Oro-" .y
On �1.J.5+ Iksr ?61(0 before me,
15, GAA L+t'll clCSt p TAq dib 1i4.
(here insert name and title of the officer
,notary public, personally appeared Lot P- `Vl.i XJ ati L-+=
who proved to me on the basis of satisfactory evidence to be the
persomy) whose name($) is/aye subscribed to the within instrument
and acknowledged to me that ty6/she/the executed the same in
lµ"s/her/th9hr authorized capacity(i�s), and that by t4sAier/their
signature(,i) on the instrument the persomA, or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the state of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signature ==g;7_® E�7=
v
I3y;
Lan Le. Trustee under the 2115 Bristol Trust
(Print Name)
Its;
Trustee
(Tide)
By:
(Signature)
(Print Name)
Its:
('Title)
SUSAN CATHERINE HICKS
COMMISSION #20922G1 3
n Notar Public- �"
E 3 ,- = Y Calitomia
�H' ORFlNGE COUNTY
My COMM [xp,res oec. 10. 20tB
w
('This area for official seal)
EXHIBIT "A"
LEGAL DESRIPTION
Real property In the City of Santa Ana., County of Orange, State of California, described as
follows:
PARCEL 1 AS SHOWN ON EXHIBIT A ATTACHED TO LOT LINE ADJUSTMENT N0,
2002.09 RECORDED JANUARY 30, 2003 AS INSTRUMENT NO. 03.113806 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
APN: 015-194-20 and 015-194.21 and 015-194.22
EXHIBIT "A2"
I..A WNMOWER CITY
IMPROVEMENTS PERTAIN1NU'l'O THE RLAMY
EFFECTIVE DATE OF VALUE - OCTCODRR 8, 2015
FnirMmicet
Forced
Item
Value in
Liquidation
No.
Qty, Description
Place
Value
1.
2 Letter signs, 17" high, :foam, plastic fascias,
$2,250
$300
"I,.uwranower City", wall -mounted
2
522 Square feet of accordion security gate, 9' high, metal,
7,400
0
including wall -mounted slide track
3
6 Surveillance cameras, manufacturer and rnodel nos, vary,
1,950
150
including wall mounts and cabling to monitor
4
1 5e vice counter, t6 linear feet x 39" x 24" deep, wood
2,525
0
baso, 4 under tiara, dual -sided, stainless steel top
5
1 Alarm system, mmtiut¢cturor and model no. not available,
560
0
including:
When recorded
nlesse mail this
' I Control panel
1 Code pad
2 Door cantucts
2 Motion sensors
1 Roll -up door contact
6
1 Lot of setup and installation for 2 telephone linos and
105
0
1 DSL line
7
1 Lot of rTlluorloisoeFtaocalm installations Including but
350
0
not limited to hooks, fhstomar•s, Ibrackots, incidontai
nhe)ving and signage
8
W, Square foot of pegboard, with furring/ wood backing
350
0
9
82 Lhtear Picot ofhose/ bolt wall racking, metal wire hooks
285
25
10
1 Built-in the stomge jack, 6x 55" x 24", wood
250
0
construction, 4�ticr
II
I Through -wall' air conditioning unit,ninnuflcturcrRod
I50
20
modol no. not available
TOTAL IMPROVEMENTS PERTAINWO
T0111E REALTY
16 175
Epic Land Solutions, Inc.
FULL ACQUISITION OFFSET STATEMENT
(Conforms to CalTrans Exhibit 8 -EX -18A)
loft
PERSONAL INFORMATION NOTICE
Pursuant to the Federal Privacy Act (P.L. 93-579) acid the Information Practices Act of 1977 (Civil Code Sections 1789, at seq.), notice is hereby given for the request
of personal information by this form, The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing
of this form. The failure to provide all or any part of the requested information may delay processing of this form, No disclosure of personal information rvill be made
unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal
information in any record maintained on the individual by an identifying particular, Direct any inquiries oil infomration maintenance to your IPA Office.
Co Rte Post Parcel No.
vi, e'T Z_e
Grantor
WHEREAS, The City of Santa Ana (City) seeks to acquire the fee -simple title to certain lands and buildings,
including that certain,building known as: I — -
and,
(Address)
WHEREAS, the City and the owner of said building are negotiating a sale of said building.
NOW, THEREFORE, The undersigned makes the following statement of facts and represents to the City that
each of said facts are true and correct in every detail.
That the undersigned are the tenants in possession under the terms of:
1. O An oral lease from month-to-month
O written lease for a term ending �'e `� at a monthly rental of
$ 0 and that the undersigned has paid all rents to and including the _ day of
year , and has paid no rents beyond said date except
2. That the last rental payment was made to and that the next rental payment of $ will be due and
payable on the day of year
3. ( ) That no offsets are claimed by the undersigned tenants and/or lessees against any rents which have been
paid or which may hereafter become due.
( ) That the following offsets are claimed by the undersigned tenants ( ), lessees ( ), against future rents:
FULL ACQUISITION OFFSET STATEMENT (Cont.)
2 of
4. That it is understood and agreed between the undersigned that the following Improvements Pertaining to the
Realty are considered part of the realty and are owned by the following, and just compensation for these items is
to be made payable to their respective owner
See attached Exhibit "A", and items initialed by Grantor/Lessor
GRANTOR/LESSOR None( )
See attached Exhibit "B", and items initialed by Tenant/I,essee
TENANT/LESSEE None( )
t
Dated this _� day of
ye r 2—o
nature of T t
NANT O or LESSEE ( )
Print Name of TENANT ( ) or LESSEE ( )
Signature of GRANTOR ( LESSOR)
Print Name of GRANTOR ( LESSOR)
Indian Wells 1• ,&
(780) 568-2611
Imine BEST BEST & KRIEGER
(949) 263-2600 ATTORNEYS AT L A W
Los Angeles
(213) 617-8100
Ontario 3390 University Avenue, 5th Floor, P.O. Box 1028, Riverside, CA 92502
(909) 989-8584 Phone: (951) 686-1450 1 Fax: (951) 686-3083 1 www.bbklaw.com
Scott W. Ditfurth
(951)826-8209
scott.ditfurth@bbklaw.com
File No. 55394.00002
July 27, 2016
OVERNIGHT MAIL
Jason Gabriel, P.E.
Principal Civil Engineer
City of Santa Ana
20 Civic Center Plaza, M-36
Santa Ana, CA 92702
Re: 2115-2123 S. Bristol Street
Dear Mr. Gabriel:
Sacramento
(916) 325-4000
San Diego
(619) 525-1300
Walnut Creek
(925) 977-3300
Washington, DC
(202) 785-0600
Please find enclosed the two original signatures on the Purchase and Sale Agreements for
the properties located at 2115-2123 S. Bristol Street, Santa Ana.
Sincerel
Scott W. Ditfurth
of BEST BEST & KRIEGER LLP
Enclosures
55394.00002\29108328.1
7/27/16
INSURA0 NOT ON FILE
WORK MAY NOT PROCEED A-2016-284
CLERK OF COUNCIL
®ATE: //—"-""AGREEMENT TO PROVIDE RIGHT-OF-WAY PROPERTY
APPRAISAL SERVICES ON AN ON-CALL BASIS
THIS AGREEMENT is made and entered into this 4th day of October, 2016 by and between Lidgard and
Associates, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California ("City").
RECITALS
A. On August 3, 2016, the City issued Request for Proposal No. 16-091, by which it sought
consultants to furnish right-of-way property appraisal services on an on-call basis.
B. Consultant submitted a responsive proposal that was among those selected by the City.
Consultant represents that it is able and willing to provide the services described in the scope of
work that was included in RFP No. 16-091 and attached herein as Exhibit A.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this Agreement
will be performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
On an as -needed basis, and at the sole discretion of City, Consultant shall furnish the services
that are described in Exhibit A to this Agreement. Consultant's proposal is incorporated by reference as
though fully set forth herein.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B. The
total sum to be expended under this Agreement, including any extension period, shall not
exceed $200,000.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work that fails to meet the standards of performance set forth in the
Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date stated above and continue through October 3, 2019,
unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be
extended for a single (2) two-year period upon a writing executed by the City Manager and the City
Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance
and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the
legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting
therefrom and damage to property, resulting from any act or occurrence arising out of
Consultant's operations in the performance of this Agreement, including, without
limitation, acts involving vehicles. The amounts of insurance shall be not less than the
following: single limit coverage applying to bodily and personal injury, including death
resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its
officers, employees, agents, volunteers and representatives as additional insured(s); (b) be
primary and not contributory with respect to insurance or self-insurance programs
maintained by the City; and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
2
Workers' Compensation Insurance. In accordance with the California Labor Code,
Consultant, if Consultant has any employees, is required to be insured against liability for
workers' compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain
any employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim with $2,000,000 in the aggregate.
C. The following requirements apply to the insurance to be provided by Consultant pursuant
to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
(iv) Consultant shall supply City with a fully executed additional insured
endorsement.
f If Consultant fails or refuses to produce or maintain the insurance required by this section
or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to
terminate this Agreement. Such termination shall not affect Consultant's right to be paid
for its time and materials expended prior to notification of termination. Consultant
waives the right to receive compensation and agrees to indemnify the City for any work
performed prior to approval of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the negligence or willful
misconduct of the Consultant or its, subcontractors, agents, employees, or other persons acting on their
behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that
personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of
the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies
to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or
effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and
pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
property rights arises by reason of the terms of, or effects arising from this Agreement. City may make
all reasonable decisions with respect to its representation in any legal proceeding. Consultant's
indemnification obligations in this section shall survive expiration of this Agreement. Notwithstanding
the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above
indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out
of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify, and hold harmless City, its officers, agents, representatives,
and employees against any and all liability or losses, including costs and attorney's fees, for infringement
of any United States' letters patent, trademark, or copyright, alleged or contained in the work product or
documents provided or used by Consultant under this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under
this Agreement. Consultant shall maintain complete and accurate records with respect to the costs
incurred under this Agreement and any services, expenditures, and disbursements charged to the City for
a minimum period of three (3) years, or for any longer period required by law, from the date of final
payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise
the same degree of care it uses to protect its own information of like importance, but in no event less
than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in
rightful possession of the Consultant an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
IL CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with the performance of services specified under this
Agreement.
4
12. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner
provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714-647-6956
With courtesy copies to:
To Consultant:
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Lidgard and Associates, Inc.
2592 North Santiago Boulevard
Orange, California 92867-1862
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or
written, between the parties. In the event of a conflict between the terms of this Agreement and any
attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified
except by written instrument signed by the City and by an authorized representative of Consultant. The
parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City.
Each party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party,
which are not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
15. WAIVER
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted
by the provisions of this Agreement shall be effective unless it is in writing and signed by the party
waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be
deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any
waiver constitute a continuing waiver unless the writing so specifies.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, City may require Consultant to deliver to the City all
work product completed as of such date, and in such case such work product shall be the
property of the City unless prohibited by law, and Consultant consents to the City's use
thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance
specified in the Recitals of this Agreement.
17. NONDISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other employment
related activities or in connection with any activities under this Agreement. Consultant affirms that it is
an equal opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
31
19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. 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 Agreement,
and shall indemnify City fully, including reasonable casts 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.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
Maria D. Huizar �! _
Clerk of the Council
SONIA R. CARVALHO
City Attorney
By;
John .Funk _
ASST tans City Attorney
CITY ANA
David Cavazos
City Manager
CONSULTANT:
1WsAvipour, Executive Director
Works Agency
Titles
herr, ,#4-
EXHIBIT A
CITY OF SANTA .ANA
RFP NO,: 16.091
ON-CALL RIGHT OF WAY PROPERTY APPRAISAL SERVICES
SCOPE OF WORK
Introduction and Background:
The City of Santa Ana is issuing this Request for Proposals (RFP) to qualified Right of Way Property
Appraisal firms to provide property appraisal services for the City of Santa Ana Public Works Agency on an
ag-needed basis, From the proposals received, it is the City's goal to select up to two firms, The City will
enter into separate agreement with each firm for a not to exceed amount of $200,000. Work will be, assigned
by Contract Task Orders (CTO). As tasks are identified, they will be distributed among the firms based
upon their ability to perform the required work within the project schedule and budget constraints,
Nlinimunl Qualifications:
Consultant qualifications must demonstrate the minimum qualifications as established in the California
Department of Transportation (Caltrans) Right of Way Manual which can be accessed at:
http://rvww,dot,oa.gov/liq/row/rowman/manual/index.htm.
Description of Work:
Consultants under contract with the City of Santa Ana will provide support and services to City of Santa Ana
staff or their designee on an as -needed basis, The Consultants shall be thoroughly familiar with the Statement
of Work prior to submitting a response to this Request for Proposal (RFP).
• The Consultant shall perform work to produce a high quality, professional and complete work product.
• Consultant must have experience with State and Federally funded projects, All work shall be performed
in conformance with all applicable regulations, policies, procedures and standards.
• Work may include, but not be limited to, the following: onsite review of the project area; review of
existing records; conducting research and performing analysis; infornation gathering; negotiations;
devolopment of strategies,
• The Consultant shall carry out the instructions received from the City and shall cooperate with the City
and other agencies,
• The Consultant has total responsibility for the accuracy and completeness of the work produced. The
work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by
the City may NOT include a detailed review for the, accuracy of items submitted. The responsibility for
accuracy and completeness of such items remains solely that of the Consultant.
• The Consultant shall be responsible for coordination and supervision of all work performed by its sub -
consultants. The Consultant shall review all work performed by its sub -consultants and the
responsibility for accuracy and completeness of work performed remains solely that of Consultant.
CITY OF SANTA ANA
RFP NO.: 16-091
ON-CALL RIGHT OF WAY PROPERTY APPRAISAL SERVICES
The Consultant shall have a Quality Assurance/Quali.ty Control (QA/QC) plan in effect dining the entire
time work is performed under the Agreement, The QA/QC plan is intended to ensure that the appraisals,
maps, reports, plans, studies, estimates, agreements and other documents submitted under assigned Scope of
Work are complete, accurate, chocked, and proofread to meet professional standard practice requirements,
and to monitor work for confermanca with the appropriate standards and policies. Additionally, all
electronic files shall conform to the City's file naming system.
• The Consultant shall diligently work on each assignment and complete each task in accordance with the
schedule and accommodate the City's needs.
• The Consultant's work will be subject to inspection and audit by City, County, State and Federal
representatives.
• Project files including copies of all correspondences, reports, documents, and electronic files shall be
submitted to the City when requested and electronically updated mmrithly, The schedule and/or status
report may require updating more frequently.
• All work, including reports, analysis, data, and intellectual properties developed during the lite of the
Agreement shall become the properties of the City.
• The Consultant will receive written notification of the award of the contract. Upon on such notification,
the Consultant will proceed with the services required by the Agreement.
Scope of Work:
Consultant shall prepare appraisal services that include full and partial acquisition for residential property;
commercial property; industrial property; easements; special use or zoned property; and review appraisals.
Appraisal Services shall be in accordance with federal, state, and local regulations, policies, procedures and
standards. Consultant must make every effort to meet with the property owner prior to preparation of the report.
Appraiser shall perform the following tasks:
• Prepare appraisal report in accorclanee with the State of California Laws and the Uniform Standards of
Professional Appraisal Practice (USPAP)
• Research records, inspect the site and communicate with the property owner in preparation of the
appraisal report, This might squire multiple attempts for site visit and inspection
• Prepare Real Estate Appraisal reports for Rill and partial acquisition
+ Prepare Appraisal Summary Statements to accompany City's Offer Package
• Prepare Valuation of City's Landscape Setback Easement requirements
• Prepare detailed appraisal report necessary for condemnation
• Coordinate with Fixtures and Equipment Appraisers
• Coordinate with Business Goodwill Appraisers
• Comnionicate with property owners in writing and as required to obtain adequate information to prepare
the report
• Prepare all nocessmy correspondenoo, letters and reports
• Provide effective communication with engineers, planners, attorneys, and City staff
•
Comply with federal, state and local regulations
CITY OF SANTA. ANA.
RFP NO.: 16-091
ON-CALL RIGHT OF WAY PROPERTY APPRAISAL SERVICES
0 Create files and maintain all records
a Provide condemnation consultations as necessary
s Attend nraatings/public hearings and conduct presentations
B Provide expert witness testimony as required for condemnation proceedings
Coordinate and review of Phase I and Phase II Environmental Studies
• Review appraisal reports prepared by other consultants as required by the City and prepare review
summary
• Prepare Review Appraisal Reports (Required For Federally Funded Projects)
Coordinate, direct and obtain Review Appraisals in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act (Uniform Act) and Caltrans guidelines
Examine all appraisals and corresponding reports
Seek any corrections or revisions deemed, appropriate
• Prepare Dual Appraisal Report as required for federally funded projects under Caltrans Guidelines
• Real estate appraisers must be certified and a Member of the Appraisal Institute,
Consultant Responsibilities:
Consultant Audit and Review Process: Prior to awarding the contract, the selected Consultant shall be subject to
an audit or review by Caltrans' Audits and Investigations (A&I), other state audit organizations, or the federal
government. The selected Consultant sball complete Exhibit t0 -1C — Consultant Certification Contract Costs
and Financial, in the Appendix of this RFP as Attachment 4.
City Res onsibilities:
The City will provide information in its possession relevant to preparation of required information in RFP, Tho
City will provide only the staff assistance and documentation specifically referred to herein,
Special Requirements (Attachment 4):
Compliance with Requirements of Funding Agency:
a Consultant Audit and Review Process (Caltrans funded contract)
o This project is funded through Federal and Measure M2 and shall comply with all requirements of
Caltrans and OCTA
The attached forms must be completed in their entirety and submitted with your proposal:
■ LAPM E;dribit 10-1I : Fee Proposal
w LAPM Exhibit 10-I : Notice to Proposers, DBE Information
■ LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management
System
• LAPM Exhibit 10-01: Consultant Proposal DBE Commitment
o This project will be financed by federal fnrds, Consultant shall meet all required federal
requirements included in this request for proposal. Consultants are advised that, as required by
federal law, the City of Santa Ana is implementing the new Rare Conscious Disadvantaged Business
Enterprise (DBE) Program, The DBE goal for this contract is 4.0%.
The formats of the sample cost proposals identified as Exhibit 10-H in the
RFP are not adaptable to the scope of real estate services proposed herein.
The following fee schedule includes all expenses incurred in connection with
the real estate appraisal service and will remain firm for the three-year
contract period. In the event Lidgard and Associates, Inc. is authorized to
engage appraisal services for specialized equipment Items or business
valuations, it is assumed that the fees for said services will be reimbursed.
Further, the fee schedule is intended to cover all relevant items set forth In
Exhibit 10-H. The consultant's billable rates will not include mark-ups for
overhead and profit.
It is understood that no additional payment will be made for those items.
Additionally, the City does not reimburse for travel, mileage, nor the use of
computer equipment.
Prooerty Type
Penial Take Aoquisiflons.
vacant land:
Noncomplex residential takes:
Complex residential takes:
Single Parcel Multiple Parcel
Assignments Assignments
$3,000- $3,500 $2,200 - $2,700
$2,500 - $3,000 $2,200 - $2,700
$3,000 - $4,000 $2,500 - $3,500
Noncomplex commercial takes: $4,300-$5,000 $3,300-$4,000
Complex commercial takes: $5,000 - $6,000 $4,000 - $5,000
Noncomplex industrial takes:
Complex industrial takes:
Ful/ Take Aoquieitionss
Vacant land:
Single family residential:
Multiple family residential:
2-10 dwelling units:
11-20 dwelling units:
30+ dwelling units:
Commercial properties:
Single tenant buildings:
Multiple tenant buildings:
$4,300 - $5,000 $3,300 - $4,000
$5,000 - $6,000 $4,000 - $5,000
$2,800 - $3,400
$2,750 - $3,100
$2,500 - $3,000
$2,600 - $2,850
$2,550 - $3,500 $2,400 - $3,000
$3,500 - $4,500 $3,000 - $4,000
$5,000+ $5,500+
$3,500 - $4,500 $3,000 - $4,000
$4,000 - $5,000 $3,500 - $4,500
The schedule for professional acquisition appraisal services will be based on
the fee structure set forth below. In general, the hourly rate of the principal
appraiser is $335. Market research associates and office staff are billed at
LIDGARD AND ASSOCMTES
APPRAISBRS-CONSULTANTS
FEE PROPOSA! (Continued)
hourly rates of $195 and $135, respectively. Said rates are fully burdened,
i.e. inclusive of overhead costs, general, administrative, and profit. As stated,
Lidgard and Associates, Inc, is a fully staffed appraisal firm, and does not
engage in the subcontracting of outside appraisal companies.
The foregoing summary represents a general illustration of typical appraisal
fees based on the various categories of properties and scope of services.
The appraisal fee for a specific appraisal assignment will be negotiated prior
to commencement thereof.
Court appearance fees and/or deposition appearance fees will be based
upon an additional $375 per hour with a $1,500 per half day minimum in the
forenoon or afternoon. Pretrial and pre deposition conferences, if any, will be
based upon an additional $375 per hour. The hourly rate will be applied for
file review, travel time, and additional investigation deemed necessary by
legal counsel as part of litigation.
LIDGARD AND ASSOCIATES
APPRAISERS -CONSULTANTS