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HomeMy WebLinkAbout25D - AGMT - BRISTOL ST PHASE 3AA M • CITY COUNCIL MEETING DATE: DECEMBER 6, 2016 TITLE: APPROVE TENANT -INTEREST PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS, PHASE 3A (PROD. NO. 136792 NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C} c e4 __� — s CITY MAN ER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute purchase agreements of Tenant Interest in the properties 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 Amount 1 Phuc Duc Nguyen 1111 N Bristol Street, Suite C $16,357 Nails Pro (APN 405-274-10) 2 Reyna Talavera 1111 North Bristol Street, Suite E $26,940 Queens Beauty Salon (APN 405-274-10) 3 Hugo Solorzano Hernandez 1111 North Bristol Street, Suite H $41,290 Computer Repair (APN 405-274-10) DISCUSSION Bristol Street is a north -south transportation corridor 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 has been a long-term priority that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. The City 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 and construction is anticipated to begin in summer 2017. On August 16, 2016, the City Council approved the purchase agreement for 1111 North Bristol Street. In order to complete full possession and prepare the area for improvement and widening, the tenant -interests acquisitions in 1111 North Bristol Street (Exhibit 1) are also necessary. The tenants listed above agreed to quitclaim all of their tenancy interests including loss of goodwill for 2501-1 Purchase Agreement for Bristol Street Improvement Phase 3A December 6, 2016 Page 2 the listed purchase prices. Purchase prices were made based on the appraised values prepared by a State -licensed appraiser, and the offers were accepted by the respective tenant -sellers. The purchase prices for the acquisitions listed above are shown in the corresponding agreements (Exhibits 2 through 4). 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 in the amount of $84,587 are available in the Bristol Street Improvements Project (Account No. 136792) for expenditure in FY 2016/2017 in the Select Street Construction Fund (Account No. 05917661-66100), subject to nonsubstantive changes. 1 Fr4d Mousavipour Executive Director Public Works Agency FMNVG/JG/KN/ML APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Location Map 2. Agreement Nails Pro (APN 405-274-10) 3. Agreement Queen's Beauty Salon (APN 405-274-10) 4. Agreement Computer Repair (APN 405-274-10) 25D-2 (NTS) MATCHLINE SEE BELOW RIGHT 10TH STREET 9TH STREET -T7 S ST909 mm-50 JECT FROPERTIES -AMUIRED PROPERTIES CIVIC CENTER DR. WASHINGTON AVENUE EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA ANA TrrLE PURCHASE AGREEMENTS FOR CITY COUNCIL BRISTOL STREET IMPROVEMENTS VV ,q AGENDA DATE PHASE 3A (PROJECT NO. 136792 DEC. 6, 2616 NONGENERAL FUND) PUBLIC WORKS AGENCY (Strategic Plan No. 6, 1, G; and 3, 2, C) 25D-3 PAGE 1 OF 1 25D-4 SELL AND SALVAGE Project: Bristol Street Improvement Project—Phase 3A APN: 405-274-10 Tenant -Seller: Phuc Due Nguyen dba Nails Pro AGREEMENT FOR ACQUISITION OF TENANT -SELLER'S INTEREST IN REAL PROPERTY THIS AGREEMENT ("Agreement") is entered into as of this I I day of Uc.4oLer , 2016, by and between THE CITY OF SANTA ANA, it charter city and municipal corporation duly organized under the Constitution and laws of the State of California ("Buyer"), and PRUC DUC NGUYEN DBA NAILS PRO ("Tenant -Seller") for the acquisition by Buyer of certain interests in real property described herein. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: I. AGREEMENT. Tenant -Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase and acquire from Tenant -Seller, upon the terms and for the consideration set forth in this Agreement, (a) all right, title and interest, in and to certain improvements, including fixtures and equipment (collectively " Conveyed Improvements") located in, on, or affixed in any manner to the premises known and numbered as 1111 N. Bristol Street Suite C Santa Ana, California ("Premises") which Premises are part of that real property described in Exhibit A attached hereto, located in the City of Santa Ana, Orange County, California ("Property"), and (b) any tenancy interest of Tenant -Seller ("Tenancy Interest") in and to the Premises and the Property. The Conveyed Improvements are a part of the Premises, and specifically include, without limitation, the items described in the list of Improvements Pertaining to the Realty attached hereto as Exhibit B. 2. PURCHASE PRICE. The total purchase price, payable in cash through this Agreement, shall be the sum of: SIXTEEN THOUSAND THREE HUNDRED FIFTY-SEVEN AND NOI100 DOLLARS ($16,357.00) ("Purchase Price") which is computed as follows: Value of Conveyed Improvements as shown on Exhibit B $8,357.00 Loss of Business Goodwill $8,000.00 TOTAL AMOUNT PAYABLE THROUGH THIS AGREEMENT $16,357.00 3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Tenant -Seller agrees to execute a Quitclaim Deed in the same fonn as that attached hereto as Exhibit C in favor of Buyer ("Quitclaim Deed"), relinquishing, releasing, and forever quitclaiming to Buyer all right title and interest in and to the Tenancy Interest. Exhibit 2 25D-5 I. Tenant -Seller has vacated the property on 5. CONVEYANCE OF INTEREST IN IMPROVEMENTS. The Quitclaim Deed will also convey from Tenant -Seller to Buyer all of Tenant -Seller's interest in and to the Improvements, which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens, assessments, leases, and taxes. Unless otherwise provided, recording of the Quitclaim Deed and Closing (as defined below) of the transaction described herein shall be subject to Tenant -Seller's vacation of the Premises and proof of clear title to all said Improvements having been obtained and received by Buyer in accordance with Paragraphs 8 and 9 of this Agreement. 6. RECORDING. Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein. 7. CERTIFICATION OF OWNERSHIP. Tenant -Seller hereby warrants and certifies under penalty of perjury that Tenant -Seller is the owner of the Improvements and that no document has been signed by or on behalf of Tenant -Seller for the purpose of creating any lien, eneurnbrance, or security interest in any of the Improvements, and that the Tenant -Seller does not know of any claim of lien, encuunbranee, or other security interest therein, EXCEPT: (a) Trust Deeds on the Property, duly recorded; and (b) real and personal property taxes. S. PERMISSION TO ENTER PREMISES, Tenant -Seller hereby grants Buyer or its authorized agent's permission to enter upon the Premises at all reasonable tithes prior to Closing of this transaction for the purpose of making necessary inspections. 9. BULK SALE. In order to establish proof of clear title to the Improvements, Buyer may publish a Notice to Creditors pursuant to the Bulk Sales Law of the State of California and obtain a title report and/or a report from the Secretary of State's Office as to filings of security interests covering the Improvements. 10. CONFLICTING INTERESTS. In the event any conflicting claim of title or any security interest or lien of any kind is discovered or asserted as to any of the Improvements, Buyer shall, upon receiving notice or knowledge thereof, withhold an amount otherwise payable to Tenant -Seller as is reasonably necessary, in the sole opinion of Buyer, to protect Buyer against such claim of interest or lien. The withholding of such funds shall not prevent Closing of this transaction if the total funds to be withheld from Tenant -Seller do not exceed the net amount to be paid to Tenant -Seller through this transaction. Buyer will not pay out the withheld funds or disburse any withheld fiords to any claimant or other party (except upon court order or levy) without the written consent of Tenant -Seller. A general creditor's claim shall not be deemed to be a claim against any specific item of Improvements and Tenant -Seller hereby agrees to accept all responsibility therefore. Unless otherwise provided, it shall be presumed that Tenant -Seller is entitled to payment under this transaction for the Improvements. It shall be presumed that the Property owner .is the owner of all improvements, fixtures and equipment associated with the Premises other than the Improvements. 11. DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed an action to condemn the Tenancy Interest and/or Tenant -Seller's interest in the Improvements, 25D-6 Tenant -Seller hereby consents to the dismissal of such action and waives any claims for compensation, costs, attor'ney's fees and deposits in said action, or any claim whatsoever which might arise out of the filing of such action, whether or not such claim is specifically identified herein. Tenant -Seller hereby authorizes Buyer to withdraw and make payable to Buyer any funds deposited with the Court in any such eminent domain action, 12. CLOSING; PURCHASE PRICE ADJUSTMENTS. Recording of the Quitclaim Deed by Buyer will constitute "Closing" of this transaction. At Closing, Buyer will pay the Purchase Price to Tenant -Seller, subject to the following adjustments: A. Pay and charge Tenant -Seller for any and all current and/or delinquent taxes and any penalties and interest thereon, and for any delinquent or non -delinquent assessments or bonds against the Improvements and the Tenancy Interest. B. Pay and charge Tenant -Seller for any amount necessary to place title in the condition necessary to satisfy Paragraphs 4 and 9 of this Agreement; C. Disburse funds when conditions of this Agreement have been satisfied by Buyer and Tenant -Seller. 13. FULL AND COMPLETE SETTLEMENT. Tenant -Seller hereby acknowledges that the compensation paid to Tenant -Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, resulting from or arising out of Buyer's acquisition of the Property and the Tenancy Interest and any dislocation of Tenant -Seller from the Premises, specifically including, but not limited to the value of the Improvements, leasehold improvements, any and all claims for rental or leasehold value and any and all claims in inverse condemnation and for pre -condemnation damages, and any and all claims for loss of business goodwill, and any and all other claims that Tenant -Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the Property, the Improvements and the Tenancy Interest, and the loss of business goodwill (but excluding relocation benefits to which Tenant -Seller may be entitled). Tenant -Seller hereby disclaims any right, title or interest in or to the Premises. Tenant -Seller and Buyer and each and all of their agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively "Releases"), hereby release the other party, and its Releases, and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation or damages which any of them now have, or might hereafter have by reason of any matter or thing arising out of or in any way related to any condemnation action affecting the Property, the Improvements and the Tenancy Interest, Additionally, Tenant -Seller hereby expressly and unconditionally waives any claims (known or unknown) including loss of goodwill, severance damages, statutory interest, claims for inverse condenuiation or unreasonable pre -condemnation conduct, or any other compensation, damages or benefits, arising from the acquisition of the Premises that Tenant -Seller may have against Buyer, its officials, representatives, and attorneys. 14. ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542. Tenant - Seller acknowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California Civil Code §1542, which provides as follows: 25D-7 "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." Tenant -Seller acknowledges that it and any others acting on its behalf herein may have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, Tenant -Seller acknowledges that this Agreement has been negotiated and agreed upon in light of that situation and hereby expressly waives any and all rights which it or others acting on its behalf may have Linder California Civil Code §1542, or under any statute or common law or equitable principle of similar effect. Tenant -Seller:/. 15. CONTINGENCY. Transaction is subject to and contingent upon receipt by Buyer of the duly executed Quitclaim Deed from Tenant -Seller with respect to the Tenancy Interest and the Improvements. This transaction is further subject to and contingent upon approval and acceptance by Buyer. 16, AGREEMENT TO EXECUTE. Tenant -Seller and Buyer agree to execute and file any additional agreements, consents or other documents reasonably necessary to effect the full and complete settlement and purchase of the Improvements and the Tenancy Interest. 17. AUTHORIZATION TO EXECUTE. Tenant -Seller and Buyer represent and warrant that the persons executing this Agreement are duly authorized to do so and to act on behalf of Tenant -Seller and Buyer respectively. 18. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement of pending or potential litigation between Tenant -Seller and Buyer and shall never be treated as an admission by Buyer for any purpose of liability or as to value of any property or claim. 19. SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstanding the releases contained herein and agreement concealing this transaction, all the rights and obligations created under and pursuant to this Agreement shall survive the execution of the Agreement, the releases contained herein and the Closing of this transaction. 20. WARRANTIES, REPRESENTATIONS AND COVENANTS OF TENANT - SELLER, Tenant -Seller hereby warrants, represents, and/or covenants to Buyer that: A. To the best of Tenant -Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Improvements, the Tenancy Interest or any portion thereof, at law or in equity, before any court or governmental agency. B. Until the Closing, Tenant -Seller shall maintain the Improvements and the Premises in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Improvements and the Premises. 25D-8 C. Until the Closing, Tenant -Seller shall not do anything which would impair Tenant -Seller's title to the Premises, the Improvements or the Tenancy Interest. D. All utilities including gas, electricity, water, sewage, and telephone, are available to the Premises, and to the best of Tenant -Seller's knowledge, all such items are in good working order. E. To the best of Tenant -Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or violate any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Tenant -Seller, the Premises, the Improvements or the Tenancy Interest may be subject. F. Until the Closing, Tenant -Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Paragraph 20 not to be true as of Closing, immediately give written notice of such fact or condition to Buyer. 21. HAZARDOUS WASTE. Neither Tenant -Seller nor, to the best of Tenant -Seller's knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property or the Premises, or transported any Hazardous. Materials to or from the Property or the Premises. Tenant -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 Premises. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under §25115, §25117 or §25122.7, or listed pursuant to §25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under §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 §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 §25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article II 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 seq. (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42, U.S.C. 56901, et seq.(42 U.S.C. S6901). 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Tenant -Seller's knowledge, the Premises and its use complies with all applicable laws and governmental regulations including, without. limitation, all applicable federal, state and local laws pertaining to air and water 25D-9 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. 23. INDEMNITY. Tenant -Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in, or about, or the transportation of any such materials to or from, the Premises, 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, tinder, in, or about, to or from, the Premises. 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, 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 acts or omissions of Tenant -Seller herein. 24, ATTORNEYS' FEES. If legal action is required in order to construe or enforce any provision of this Agreement, the party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as its attorneys' fees and costs. 25. COUNTERPARTS. This Agreement may be executed in counterparts and when so executed by both parties, each counterpart will constitute an original doctument. 26. BINDING EFFECT. The terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. 27. ENTIRE AGREEMENT, This Agreement contains the entire agreement between both parties; neither party relies upon any warranty or representation not contained in this Agreement. 6 25D-10 IN WITNESS WHEREOF, the Parties hereto have executed this Purchase and Sale Agreement on the date and year first written above. Marling Address of Tenant -Seller Mailing Address of Buyer 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Tenant -Seller Phue Due Nguyen dba Nails Pro By:1�fEC4C=. PaC IQIA;, Its: —C--�Pt1 n16�k Date: t ""3 / '2- 0,( Buyer THE CITY OF SANTA ANA By: David Cavazos City Manager Attest: Maria D. Huizar City Clerk Approved as to Form: By: J066 M. Funk Assistant City Attorney Date: to -Zlt-- l G Recommended for Approval: By: Fred Mousavipour Executive Director - Public Works Agency 25D-11 LEGAL DESCRIPTION OF PROPERTY All that certain real property situated In the County of Orange, State of California, described as follows: Parcel 1 of Parcel Map No. 87-340, In the City of Santa Ana, County of Orange, State of California, as shown on a map filed in nggk2a7 Eages 48, 49 and 50 of Parcel Maps, records of orange County, California. Assessor's Parcel Number: 405-274�-10 25D-12 IIMPR.OV,> M EMTs PEI RTA](NING TO TIIE REALTY NAIL PRO SUITE 1"C Itan] �Q I T DESCRIPTION: FMV IN No, N V TENANTIMPROVEMENTS PLACE 1 1 SIGNAGE EXTERIOR 2 2 (9) LETTERS, INDIVIDUAL, 16" CHANNEL, ILLUM, PLASTIC FACE 3 3 (54) LETTERS, WINDOW PAINT, 5" TO 89 4 (1) MONUMENT SIGN, 1'X4' PLASTIC WNINYL DECAL LETTERING 5 (1) ART, HANDPAINTED, WINDOW, 30"X10" 4 6 , 7 1 LOT 0/0 INTERIOR CONSTRUCTION S 8 (320)SF WALL CONSTRUCTION, WOOD FRAME, DBL SIDE DRYWALL COVER, TEXTURED PAINTED FINISH, NO ELECTRICAL, 69 (1) POCKET, DOOR, 32" 10 (1) STD DOOR 11 12 1 WALL MIRROR, (144)SF 13 14 1 WINDOW COVER, VERTICAL BLINDS, 3" PLASTIC, W1 16 (3) CURTAINS, BURLAP MATERIAL, 120SF 16 17 1 WINDOW SECURITY BARS, FRENCH PANE STYLE, WELDED STL (152)SF WISEOURITY DOOR 18 19 1 CUSTOM PAINT GRAPHICS, 20 ;21, 6 SHELF, 2'. 3'L, WALL MOUNT TOTAL TENANT IMPROVEMENTS I 2501-13 $ 2,830 1,430 900 645 1,910 Soo 130 $ 8,046 RECORDING REQUESTED BY: THE CITY OF SANTA ANA AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Exempt from Recording Fee Pursuant to Government Code EXHIBIT C Exempt from Documentary Transfer Tax County Assessor's Parcel Number: 405-274-10 (1111 N. Bristol, Suite cc, Santa Ana, CA) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PHUC DUC NGUYEN DBA NAILS PRO Do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, the real property in the City of Santa Ana, County of Orange, State of California, described as all right title and interest in and to the following described real property in Exhibit "1" including any and all leasehold interest, title and interest in and to the improvements pertaining to the realty which are attached or affixed in any manner to the following described real property specifically including, but not limited to the items in Exhibit "2", list of Improvements Pertaining to the Realty, (fixtures and equipment), attached hereto and by this reference made a part hereof, which are either generally or for purpose of this deed a part of that parcel of real property in the City of Santa Ana, County of Orange, State of California, described as follows: Grantor for himself, his heirs, representatives and assigns covenants and warrants that: 1) Grantor is the sole owner of the itemized Improvements Pertaining to the Realty conveyed by this Quitclaim Deed free from all liens and encumbrances; and 2) Grantor will defend the title and quiet enjoyment of the real property described above, including all Improvements Pertaining to the Realty, against all demands and claims of all persons. SEE EXHIBIT "1" & "2" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF IN WITNESS WHEREOF, the grantor hereto has caused this Quitclaim Deed to be executed aS of this—�—day of 2016. By: dx. w! a�/Lt f r �✓ Date:0 6 25D-14 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 ONNa(44i) On , M c).0 before e, ' F L- 1VIC01,0o Notary P blit, personal y appeared 1,9 u who proved to me on the basis of satisfactory evidence to bet person s) whose name(s) is>re subscribed to the within instrument and acknowledged to a tha a she/they executed e same inher/their authorized capacity(ies), and that by'her/their signature(s) on the Instrument the person(s), 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. TIFFANY L. MCCLCUU y Notary Public • California a SignatRiversitle County 'Seal) Ur Commission # 2146905 My Comm. Ea fres Mar 19, 2020 25D-15 EXHIBIT "I" LEGAL DESCRIPTION All that certain real property situated In the County of Orange, State of California, described as follows: Parcel I of Parcel Map No. 87-340, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book IIZPages _48, 49 and 50 of Parcel Maps, records of Orange County, California. 6gsg�sor's Parcel Humber: 405:274-10 25D-16 ExI-IIBIT "2„ DESCRIPTION OF CONVEYED IMPROVEMENTS IMPROVEMENTS PERTAJ[ ING TO TIM REALTY , NAIL PRO SUITE 1-C G1 , T DESCRIPTION: FMV IN N Y TENANT IMPROVEMENTS PLACE E 1 2 a 4 6 8 7 8 9 10 11 12 1 13 14 16 16 17 18 10 20 21, I 1 SIGNAGE EXTERIOR (9) LETTERS, INDIVIDUAL, 18" CHANNEL, ILLUM, PLASTIC PACE (64) LETTERS, WINDOW PAINT, 5" TO 8"H (1) MONUMENT SIGN, 1'X4' PLASTIC WNINYL DECAL LETTERING (DART, HANDPAINTED, WINDOW, 30"X10" 1 LOT C/O INTERIOR CONSTRUCTION (820)8F WALL GONSTRUCTION, WOOD FRAME, DEL SIDE DRYWALL COVER, TEXTURED PAINTED FINISH, NO ELECTRICAL, (1) POCKET, DOOR, 32" (1) STD DOOR WALL MIRROR, (144)SF WINDOW COVER, VERTICAL BLINDS, 3" PLASTIC, W/ (3) CURTAINS, BURLAP MATERIAL, 1208F 1 WINDOW SECURITY BARS, FRENCH PANE STYLE, WELDED STL (182)SF WISECURITY DOOR 1 CUSTOM PAINT GRAPHICS, 5 SHELF, 2'.3'L, WALL MOUNT TOTAL TENANT IMPROVEMENTS 25D-17 $ 2,830 1,430 900 645 1,910 300 130 $ 8,045 SELL AND SALVAGE Project: Rn stnl Street Improvement Project—Phase 3A APN: 405-274-10 Tenant -Seller: Phue Due Nauyen dba Nails Pro AGREEMENT FOR ACQUISITION OF TENANT -SELLER'S INTEREST IN REAL PROPERTY THIS AGREEMENT ("Agreement") is entered into as of this _j_]_, day of OC- Aer , 2016, by and between TIIE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ("Buyer"), and PHUC DUC NGUYEN DBA NAILS PRO C Tenant -Seller") for the acquisition by Buyer of certain interests in real property described herein. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT. Tenant -Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase and acquire from Tenant -Seller, upon the terms and for fhe consideration set forth in this Agreement, (a) all right, title and interest, in and to certain improvements, including fixtures and equipment (collectively " Conveyed Improvements") located in, on, or affixed in any manner to the premises known and numbered as 1111 N. Bristol Street Suite C Santa Ana, California ("Premises") which Premises are part of that real property described in Exhibit A attached hereto, located in the City of Santa Ana, Orange County, California ("Property"), and (b) any tenancy interest of Tenant -Seller ("Tenancy Interest") in and to the Premises and the Property. The Conveyed Improvements are a part of the Premises, and specifically include, without limitation, the items described in the list of Improvements Pertaining to the Realty attached hereto as Exhibit B. 2. PURCHASE PRICE. The total purchase price, payable in cash through this Agreement, shall be the sum of: SIXTEEN THOUSAND THREE HUNDRED FIFTY-SEVEN AND NO/100 DOLLARS ($16,357.00) ("Purchase Price") which is computed as follows: Value of Conveyed Improvements as shown on Exhibit B $8,357,00 Loss of Business Goodwill ', i 111 11 TOTAL AMOUNT PAYABLE THROUGH THIS AGREEMENT $16,357.00 3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Tenant -Seller agrees to execute a Quitclaim Deed in the same form as that attached hereto as Exhibit C in favor of Buyer ("Quitclaim Deed"), relinquishing, releasing, and forever quitclaiming to Buyer all right title and interest in and to the Tenancy Interest. 25D-18 4. Tenant -Seller has vacated the property on Y / ,/S S. CONVEYANCE OF INTEREST IN IMPROVEMENTS. The Quitclaim Deed will also convey from Tenant -Seller to Buyer all of Tenant -Seller's interest in and to the Improvements, which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens, assessments, leases, and taxes. Unless otherwise provided, recording of the Quitclaim Deed and Closing (as defined below) of the transaction described herein shall be subject to Tenant -Seller's vacation of the Premises and proof of clear title to all said Improvements having been obtained and received by Buyer in accordance with Paragraphs 8 and 9 of this Agreement. 6. RECORDING. Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein.. 7. CERTIFICATION OF OWNERSHIP. Tenant -Seller hereby warrants and certifies under penalty of perjury that Tenant -Seller is the owner of the Improvements and that no document has been signed by or on behalf of Tenant -Seller for the purpose of creating any lien, encumbrance, or security interest in any of the Improvements, and that the Tenant -Seller does not know of any claim of lien, encumbrance, or other security interest therein, EXCEPT: (a) Trust Deeds on the Property, duly recorded; and (b) real and personal property taxes. 8. PERMISSION TO ENTER PREMISES. Tenant -Seller hereby grants Buyer or its authorized agent's permission to enter upon the Premises at all reasonable times prior to Closing of this transaction for the purpose of making necessary inspections. 9. BULK SALE. In order to establish proof of clear title to the Improvements, Buyer may publish a Notice to Creditors pursuant to the Bulb. Sales Law of the State of California and obtain a title report and/or a report from the Secretary of State's Office as to filings of security interests covering the Improvements, 10. CONFLICTING INTERESTS. In the event any conflicting claim of title or any security interest or lien of any kind is discovered or asserted as to any of the Improvements, Buyer shall, upon receiving notice or knowledge thereof, withhold an amount otherwise payable to Tenant -Seller as is reasonably necessary, in the sole opinion of Buyer, to protect Buyer against such claim of interest or lien. The withholding of such funds shall not prevent Closing of this transaction if the total funds to be withheld from Tenant -Seller do not exceed the net amount to be paid to Tenant -Seller through this transaction. Buyer will not pay out the withheld funds or disburse any withheld funds to any claimant or other party (except upon court order or levy) without the written consent of Tenant -Seller. A general creditor's Maim shall not be deemed to be a claim against any specific item of Improvements and Tenant -Seller hereby agrees to accept all responsibility therefore. Unless otherwise provided, it shall be presumed that Tenant -Seller is entitled to payment under this transaction for the Improvements. It shall be presumed that the Property owner is the owner of all improvements, fixtures and equipment associated with the Premises other than the Improvements. 11, DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed an action to condemn the Tenancy Interest and/or Tenant -Seller's interest in the Improvements, 25D-19 Tenant -Seller hereby consents to the dismissal of such action and waives any claims for compensation, costs, attorney's fees and deposits in said action, or any claim whatsoever which might arise out of the filing of such action, whether or not such claim is specifically identified herein. Tenant -Seller hereby authorizes Buyer to withdraw and matte payable to Buyer any funds deposited with the Court in any such, eminent domain action. 12. CLOSING; PURCHASE PRICE ADJUSTMENTS. Recording of the Quitclaim Deed by Buyer will constitute "Closing" of this transaction. At Closing, Buyer will pay the Purchase Price to Tenant -Seller, subject to the following adjustments: A. Pay and charge Tenant -Seller for any and all current and/or delinquent taxes and any penalties and interest thereon, and for any delinquent or non -delinquent assessments or bonds against the Improvements and the Tenancy Interest. B. Pay and charge Tenant -Seller for any amount necessary to place title in the condition necessary to satisfy Paragraphs 4 and 9 of this Agreement; C. Disburse fimds when conditions of this Agreement have been satisfied by Buyer and Tenant -Seller. 13, PULL AND COMPLETE SETTLEMENT. Tenant -Seller hereby acknowledges that the compensation paid to Tenant -Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, resulting from or arising out of Buyer's acquisition of the Property and the Tenancy Interest and any dislocation of Tenant -Seller from. the Premises, specifically including, but not limited to the value of the Improvements, leasehold improvements, any and all claims for rental or leasehold value and any and all claims in inverse condemnation and for pre -condemnation damages, and any and all claims for loss of business goodwill, and any and all other claims that Tenant -Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the Property, the Improvements and the Tenancy Interest, and the loss of business goodwill (but excluding relocation benefits to which Tenant -Seller may be entitled), Tenant -Seller hereby disclaims any right, title or interest in or to the Premises. Tenant -Seller and Buyer and each and all of their agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively "Releases"), hereby release the other party, and its Releases, and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation or damages which any of them now have, or might hereafter have by reason of any matter or thing arising out of or in any way related to any condemnation action affecting the Property, the Improvements and the Tenancy Interest. Additionally, Tenant -Seller hereby expressly and unconditionally waives any claims (known or unknown) including loss of goodwill, severance damages, statutory interest, claims for inverse condemnation or unreasonable pre -condemnation conduct, or any other. compensation, damages or benefits, arising from the acquisition of the Premises that Tenant -Seller may have against Buyer, its officials, representatives, and attorneys. 14. ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542. Tenant - Seller acknowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California Civil Code § 1542, which provides as follows: 25D-20 "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." Tenant -Seller acknowledges that it and any others acting on its behalf herein may have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and which may give rise to additional damages, loss, costs, or expenses in the future, Nevertheless, Tenant -Seller acknowledges that this Agreement has been negotiated and agreed upon in light of that situation and hereby expressly waives any and all rights which it or others acting on its behalf may have under California Civil Code §1542, or under any statute or common law or equitable principle of similar effect. Tenant -Seller: 15. CONTINGENCY. Transaction is subject to and contingent upon receipt by Buyer of the duly executed Quitclaim Deed from Tenant -Seller with respect to the Tenancy Interest and the Improvements. This transaction is further subject to and contingent upon approval and acceptance by Buyer. 16. AGREEMENT TO EXECUTE. Tenant -Seller and Buyer agree to execute and file any additional agreements, consents or other documents reasonably necessary to effect the full and complete settlement and purchase of the Improvements and the Tenancy Interest. 17. AUTHORIZATPON TO EXECUTE. Tenant -Seller and Buyer represent and warrant that the persons executing this Agreement are duly authorized to do so and to act on behalf of Tenant -Seller and Buyer respectively. 18. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement of pending or potential litigation between Tenant -Seller and Buyer and shall never be treated as an admission by Buyer for any purpose of liability or as to value of any property or claim. 14. SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstanding the releases contained herein and agreement concerning this transaction, all the rights and obligations created under and pursuant to this Agreement shall survive the execution of the Agreement, the releases contained herein and the Closing of this transaction. 20. WARRANTIES. REPRESENTATIONS AND COVENANTS OF TENANT - SELLER, Tenant -Seller hereby warrants, represents, and/or covenants to Buyer that: A. To the best of Tenant -Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Improvements, the Tenancy Interest or any portion thereof, at law or in equity, before any court or governmental agency. B. Until the Closing, Tenant -Seller shall maintain the Improvements and the Premises in good condition and state of repair and maintenance, and shall perform all of its obligations ander any service contracts or other contracts affecting the Improvements and the Premises. 4 25D-21 C, Until the Closing, Tenant -Seller shall not do anything which would impair Tenant -Seller's title to the Premises, the Improvements or the Tenancy Interest. D. All utilities including gas, electricity, water, sewage, and telephone, are available to the Premises, and to the best of Tenant -Seller's knowledge, all such items are in good working order. E. To the best of Tenant -Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or violate any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Tenant -Seller, the Premises, the Improvements or the Tenancy Interest may be subject. F. Until the Closing, Tenant -Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Paragraph 20 not to be true as of Closing, immediately give written notice of such fact or condition to Buyer. 21. HAZARDOUS WASTE. Neither Tenant -Seller nor, to the best of Tenant -Seller's knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property or the Premises, or transported any Hazardous Materials to or from the Property or the Premises. Tenant -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 Premises. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under §25115, §25117 or §25122.7, or listed pursuant to §25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" tinder §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 §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 §25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article I1 0£ Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Glean 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. S6901 et (42 U.S.C, 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42, U.S.C. 56901, et seq. (42 U. S, C. S6901). 22. COMPLIANCE WITH ENVIRONMENTAL LAWS, To the best of Tenant -Seller's knowledge, the Premises and its use complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state and local laws pertaining to air and water 25D-22 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. 23. INDEMNITY, Tenant -Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in, or about, or the transportation of any such materials to or from, the Premises, 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 Premises. 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, 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 acts or omissions of Tenant -Seller herein. 24, ATTORNEYS' FEES. If legal action is required in order to construe or enforce any provision of this Agreement, the party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as its attorneys' fees and costs. 25. COUNTERPARTS. This Agreement may be executed in counterparts and when so executed by both parties, each counterpart will constitute an original document, 26, BINDING EFFECT. The terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. 27. ENTIRE AGREEMENT. This Agreement contains the entire agreement between both parties; neither party relies upon any warranty or representation not contained in this Agreement. 6 25D-23 IN WITNESS WHEREOF, the Parties hereto have executed this Purchase and Sale Agreement on the date and year first written above. Mailing Address of Tenant -Seller Mailing Address of Buyer 20 Civic Center Plaza, M-30 Santa Ana, California 42701 Tenant -Seller Phue Due Nguyen dba Nails Pro p^ By: ,P-4 1 Q, �t t It" �/ n 1A L/. Its: r-) tA) nJ tr2 Date: t a_�_ Buyer THE CITY OF SANTA ANA By: David Cavazos City Manager Date: Attest: Dy:.._ - Maria D. Huizar City Clerk Date: Approved as to Form:. By: �V J# M. Funk Assistant City Attorney Date: 1 ~ Recommended for Approval: By: Fred Mousavipour Executive Director - Public Works Agency 25D-24 LEGAL DESCRIPTION OF PROPERTY All that certain real property situated in the County of Orange, State of California, described as follows: Parcel I of Parcel Map No. 87-340, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 237 r 8ges 48, 44 and so of Parcel Maps, records of orange County, California. Assessor's parcel Number: 405-274-10 2501-25 J[M ROVEMEVTS NERTMNING TO TAE RE, ALTY NAIL PRO SUITE 1-0 peen No, I I N E T DESCRIPTION; Y TENANTIMPROVEMENTS FMV IN PLACE 1 1 SIGNAGE EXTERIOR $ 2,830 2 2 (9) LETTERS, INDIVIDUAL, 16" CHANNEL, ILLUM, PLASTIC FACE 3 3 (54) LETTER$, WINDOW PAINT, 5" TO 6"H 4 (1) MONUMENT SIGN, 1'X4' PLASTIC WNINYL DECAL LETTERING 6 (1)ART, HANDPAINTED, WINDOW, 30"X10" 4 6 7 1 LOT C/O INTERIOR CONSTRUCTION 1,430 5 8 (320)SF WALL CONSTRUCTION, WOOD FRAME, DBL SIDE DRYWALI. COVER, TEXTURED PAINTED FINISH, NO ELECTRICAL, 9 (1) POCKET, DOOR, 32" 6 10 (1) SCD DOOR 11 12 1 WALL MIRROR, (144)SF 900 13 14 1 WINDOW COVER, VERTICAL BLINDS, 3" PLASTIC, W1 645 15 (3) CURTAINS, BURLAP MATERIAL,120SF 16 17 1 WINDOW SECURITY BARS, FRENCH PANE STYLE, _ 1,910 WELDED STL (162)SF W/SECURITY DOOR 18 19 1 CUSTOM PAINT GRAPHICS, 300 20 ;21, 5 SHELF, 2'-3'L, WALL MOUNT 130 TOTAL TENANT IMPROVEMENTS $ 8,048 �.:trir� 25D-26 RECORDING REQUESTED BY: THE CITY OF SANTA ANA AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Exempt from Recording Fee EXHIBIT C Exempt from QUITCLAIM DEED County Assessors Parcel Number: 405-274-10 (1111 N. Bristol, Suite cc, Santa Ana, CA) Transfer Tax FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, PHUC DUC NGUYEN DBA NAILS PRO Do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, the real property in the City of Santa Ana, County of Orange, State of California, described as all right title and interest in and to the following described real property in Exhibit "1" including any and all leasehold interest, title and interest in and to the improvements pertaining to the realty which are attached or affixed in any manner to the following described real property specifically including, but not limited to the items in Exhibit "2", list of Improvements Pertaining to the Realty, (fixtures and equipment), attached hereto and by this reference made a part hereof, which are either generally or for purpose of this deed a part of that parcel of real property in the City of Santa Ana, County of Orange, State of California, described as follows: Grantor for himself, his heirs, representatives and assigns covenants and warrants that: 1) Grantor is the sole owner of the itemized Improvements Pertaining to the Realty conveyed by this Quitclaim Deed free from all liens and encumbrances, and 2) Grantor will defend the title and quiet enjoyment of the real property described above, including all Improvements Pertaining to the Realty, against all demands and claims of all persons, SEE EXHIBIT "1" & "2" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF IN WITNESS WHEREOF, the grantor hereto has caused this Quitclaim Deed to be executed as of this-4—day of - 2016. By:�rI C.c c t !� u.i %, t ✓1 E ✓ Date: 25D-27 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 On IsI CAV III Ile beforee, _U- V Cdy',r O Notary P biic, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is re subscri d to the within instrument and acknowledged to me tha he she/they executed e same in l her/their authorized capacity(ies), and that by( her/their signature(s) on the instrument the person(s), 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 TIFFANY 0 "j a.0 Notary public - Calilornla t z ; �,, Riverside County Signet z Cemmtesoll # 2146906 Seal) M Comm. Expires Mar 19, 2020 25D-28 LEGAL DESCRIPTION All that certain real property situated in the County of Orange, State of California, described as follows; Parcel 1 of Parcel Map No. 87-340, in the City of Santa Ana, County of orange, State of California, as shown on a map filed in 8ogk 237 egges 48, 49 and 50 of Parcel Maps, records of Orange County, California, Assessors Parcel Number 405"274-i0 2501-29 EXHIBIT "2" DESCRIPTION OF CONVEXED IMPROVEMENTS 11WROVGU MENTS PERTA.ININO TO T= REALTY NAIL PRO SUITE 1-C L Q - I T • DESCRIPTION: FMV IN N Y TENANT IMPROVEMENTS PLACE L� 1 1 SIGNAGE EXTERIOR 2 (9) LETTERS, INDIVIDUAL, 16" CHANNEL, ILLUM, PLASTIC FACE 3 (54) LETTERS, WINDOW PAINT, 5" TO 8"H 4 (1) MONUMENT SIGN, 1'X4' PLASTIC W/VINYL DECAL LETTERING 5 (1) ART, HANDPAI'NTED, WINDOW, 30"X10" 6 , 7 1 LOT CIO INTERIOR CONSTRUCTION 8 (320)SF WALL CONSTRUCTION, WOOD FRAME, DBL SIDE DRYWALL COVER, TEXTURED PAINTED FINISH, NO ELECTRICAL, 9 (1) POCKET, DOOR, 32" 19 (1) STD DOOR 11 12 1 WALL MIRROR, (144)SF 13 14 1 WINDOW COVER, VERTICAL BLINDS, 3" PLASTIC, W/ 15 (3) CURTAINS, BURLAP MATERIAL, 120SF 18 17 1 WINDOW SECURITY BARS, FRENCH PANE STYLE, WELDED STL (162)SF W/SECURITY DOOR 18 19 1 CUSTOM PAINT GRAPHICS, 20 ;21, 5 SHELF, 2' - 31, WALL MOUNT $ 2,830 1,430 900 645 1,910 300 130 TOTAL TENANT IMPROVEMENTS - $ 8,045 _ �__ �__....._.___...... ..._...... ._�__ 25D-30 SELL AND SALVAGE Project: Bristol Street Improvement Project — Phase 3A APN: 405-274-10 Tenant -Seller: Reyna Talavera dba Queen's Beauty Salon AGREEMENT FOR ACQUISITION OF TENANT -SELLER'S INTEREST IN REAL PROPERTY THIS AGREEMENT ("Agreement") is entered into as of this 1G_ day of C)Ci-c)t>ee-- _, 2016, by and between TIIE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California C'Buyer"), and REYNA TALAVERA DBA QUEEN'S BEAUTY SALON (`Tenant -Seller") for the acquisition by Buyer of certain interests in real property described herein. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT. Tenant -Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase and acquire from Tenant -Seller, upon the terms and for the consideration set forth in this Agreement, (a) all right, title and interest, in and to certain improvements, including fixtures and equipment (collectively " Conveyed Improvements") located in, on, or affixed in any manner to the premises known and numbered as 1111 N. Bristol Street Suite E Santa Ana, California (`Premises") which Premises are part of that real property described in Exhibit A attached hereto, located in the City of Santa Ana, Orange County, California ("Property"), and (b) any tenancy interest of Tenant -Seller C`Tenancy Interest") in and to the Premises and the Property. The Conveyed Improvements are a part of the Premises, and specifically include, without limitation, the items described in the list of Improvements Pertaining to the Realty and Moveable Furniture Fixtures and Equipment attached hereto as Exhibit B and Exhibit C. The conveyed Improvements and the Retained Improvements are collectively referred to as the "Improvements." 2. PURCIIASE PRICE. The total purchase price, payable in cash through this Agreement; shall be the sum of: TWENTY SIX THOUSAND AND NINE HUNDRED FORTY NO/100 DOLLARS ($26,940.00) (`Purchase Price") which is computed as follows: Value of Conveyed Improvements as shown on Exhibit B $20,120.00 Value of Conveyed Moveable Furniture Fixtures and Equipment $6,820.00 on as shown on Exhibit C TOTAL AMOUNT PAYABLE THROUGH TIHS AGREEMENT $26,940.00 3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Tenant -Seller agrees to execute a Quitclaim Deed in the same form as that attached hereto as Exhibit D in favor of Buyer Exhibit 3 25D-31 ("Quitclaim Deed"), relinquishing, releasing, and forever quitclaiming to Buyer all right title and interest in and to the Tenancy hrterest. 4. Tenant -Seller will vacate the property by December 31. 2016. 5. CONVEYANCE OF INTEREST IN IMPROVEMENTS. The Quitclaim Deed will also convey from Tenant -Seller to Buyer all of Tenant -Seller's interest in and to the Improvements, which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens, assessments, leases, and taxes. Unless otherwise provided, recording of the Quitclaim Deed and Closing (as defined below) of the transaction described herein shall be subject to Tenant -Seller's vacation of the Premises and proof of clear title to all said Improvements having been obtained and received by Buyer in accordance with Paragraphs 8 and 9 of this Agreement. 6. RECORDING, Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein. 7. CERTIFICATION OF OWNERSHIP. Tenant -Seller hereby warrants and certifies under penalty of perjury that Tenant -Seller is the owner of the Improvements and that no document has been signed by or on behalf of Tenant -Seller for the purpose of creating any lien, encumbrance, or security interest in any of the Improvements, and that the Tenant -Seller does not Imow of any claim of lien, encumbrance, or other security interest therein, EXCEPT: (a) Trust Deeds on the Property, duly recorded; and (b) real and personal property taxes. S. PERMISSION TO ENTER PREMISES. Tenant -Seiler hereby grants Buyer or its authorized agent's permission to enter upon the Premises at all reasonable times prior to Closing of this transaction for the purpose of malting necessary inspections. 9. BULI{ SALE. In order to establish proof of clear title to the Improvements, Buyer may publish a Notice to Creditors pursuant to the Bulk Sales Law of the State of California and obtain a title report and/or a report from the Secretary of State's Office as to filings of security interests covering the Improvements. 10. CONFLICTING INTERESTS. In the event any conflicting claim of title or any security interest or lien of any kind is discovered or asserted as to any of the Improvements, Buyer shall, upon receiving notice or knowledge thereof, withhold an amount otherwise payable to Tenant -Seller as is reasonably necessary, in the sole opinion of Buyer, to protect Buyer against such claim of interest or lien. The withholding of such funds shall not prevent Closing of this transaction if the total funds to be withheld from Tenant -Seller do not exceed the net amount to be paid to Tenant -Seller through this transaction, Buyer will not pay out the withheld funds or disburse any withheld, fimds to any claimant or other party (except upon court order or levy) without the written consent of Tenant -Seller. A general creditor's claim shall not be deemed to be a claim against any specific item of Improvements and Tenant -Seller hereby agrees to accept all responsibility therefore. Unless otherwise provided, it shall be presuuned that Tenant -Seller is entitled to payment Linder this transaction for the Improvements. It shall be presumed that the Property owner is the owner of all improvements, fixtures and equipment associated with the Premises other than the Improvements. 25D-32 11. DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed an action to condemn the Tenancy Interest and/or Tenant -Seller's interest in the Improvements, Tenant -Seller hereby consents to the dismissal of such action and waives any claims for compensation, costs, attorney's fees and deposits in said action, or any claim whatsoever which might arise out of the filing of such action, whether or not such claim is specifically identified herein. Tenant -Seller hereby authorizes Buyer to withdraw and make payable to Buyer any funds deposited with the Court; in any such eminent domain action, 12. CLOSING. PURCHASE PRICE ADJUSTMENTS. Recording of the Quitclaim Deed by Buyer will constitute "Closing" of this transaction. At Closing, Buyer will pay the Purchase Price to Tenant -Seller, subject to the following adjustments: A. Pay and charge Tenant -Seller for any and all current and/or delinquent taxes and any penalties and interest thereon, and for any delinquent or non -delinquent assessments or bonds against the Improvements and the Tenancy Interest. B. Pay and charge Tenant -Seller for any amount necessary to place title in the condition necessary to satisfy Paragraphs 4 and 9 of this s Agreement; C. Disburse funds when conditions of this Agreement have been satisfied by Buyer and Tenant -Seller. 13. FULL AND COMPLETE SETTLEMENT. Tenant -Seller hereby acknowledges that the compensation paid to Tenant -Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, resulting from or arising out of Buyer's acquisition of the Property and the Tenancy Interest and any dislocation of Tenant -Seller from the Premises, specifically including, but not limited to the value of the Improvements, leasehold improvements, any and all claims for rental or leasehold value and any and all claims in inverse condemnation and for pre -condemnation damages, and any and all other claims that Tenant -Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the Property, the Improvements and the Tenancy Interest (but excluding loss of business goodwill and relocation benefits to which Tenant -Seller may be entitled). Tenant -Seller hereby disclaims any right, title or interest in or to the Premises. Tenant -Seller and Buyer and each and all of their agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively "Releases"), hereby release the other party, and its Releases, and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation or damages which any of them now have, or might hereafter have by reason of any matter or thing arising out of or in any way related to any condemnation action affecting the Property, the Improvements, including the Moveable Furniture Fixtures and Equipment, and the Tenancy Interest. Additionally, Tenant -Seller hereby expressly and unconditionally waives any claims (Imown or lurlmown) including severance damages, statutory interest, claims for inverse condemnation or luueasonable, pre -condemnation conduct, or any other compensation, damages or benefits, arising from the acquisition of the Premises that Tenant -Seller may have against Buyer, its officials, representatives, and attorneys. 14. ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542. Tenant - Seller acknowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California Civil Code §1542, which provides as follows: 3 25D-33 "A general release does not extend to claims which the creditor does not laaow or suspect to exist in his or her favor at the time of executing the release, which if lmown by him or her must have materially affected his or her settlement with the debtor." Tenant -Seller acknowledges that it and any others acting on its behalf herein may have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, Tenant -Seller acknowledges that this Agreement has been negotiated and agreed upon in light of that situation and hereby expressly waives any and all rights which it or others acting on its behalf may have under California Civil Code §1542, or under any statute or common law or equitable principle of similar effect. Tenant -Seller: 15. CONTINGENCY. Transaction is subject to and contingent upon receipt by Buyer of the duly executed Quitclaim Deed from Tenant -Seller with respect to the Tenancy Interest acid the Improvements. This transaction is further subject to and contingent upon approval and acceptance by Buyer. 16. AGREEMENT TO EXECUTE. Tenant -Seller and Buyer agree to execute and file any additional agreements, consents or other documents reasonably necessary to effect the full and complete settlement and purchase of the Improvements and the Tenancy Interest, 17. AUTHORIZATION TO EXECUTE. Tenant -Seller and Buyer represent and warrant that the persons executing this Agreement are duly authorized to do so and to act on behalf of Tenant -Seller and Buyer respectively. 18. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement of pending or potential litigation between Tenant -Seller and Buyer and shall never be treated as an admission by Buyer for any purpose of liability or as to value of any property or claim. 19. SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstaiding the releases contained herein and agreement concerning this transaction, all the rights and obligations created under and pursuant to this Agreement shall survive the execution of the Agreement, the releases contained herein and the Closing of this trausaction. 20. WARRANTIES, REPRESENTATIONS AND COVENANTS OF TENANT - SELLER. Tenant -Seller hereby warrants, represents, and/or covenants to Buyer that: A. To the best of Tenant -Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Improvements, the Tenancy Interest or any portion thereof, at law or in equity, before any court or governmental agency. B. Until the Closing, Tenant -Seller shall maintain the Improvements and the Premises in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Improvements and the Premises. 4 25D-34 C. Until the Closing, Tenant -Seller shall not do anything which would impair Tenant -Seller's title to the Premises, the Improvements or the Tenancy Interest. D. All utilities including gas, electricity, water, sewage, and telephone, are available to the Premises, and to the best of Tenant -Seller's knowledge, all such items are in good working order, E. To the best of Tenant -Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or violate any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Tenant -Seller, the Premises, the Improvements or the Tenancy Interest may be subject. F. Until the Closing, Tenant -Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Paragraph 20 not to be true as of Closing, immediately give written notice of such fact or condition to Buyer. 21. HAZARDOUS WASTE. Neither Tenant -Seller nor, to the best of Tenant -Seller's knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property or the Premises, or transported any Hazardous Materials to or from the Property or the Premises. Tenant -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 Premises. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by arty local govermnental 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" larider §25115, §25117 or §25122.7, or listed pursuant to §25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under §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 §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" Linder §25281 of the California Health and. Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed. Larder 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 seq. (42 U.S.C, 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42. U.S.C. 56901, et seq. (42 U, S.C. 56901). 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Tenant -Seller's knowledge, the Premises and its use complies with all applicable laws and govermitental regulations including, without limitation, all applicable federal, state and local laws pertaining to air and water 5 25D-35 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 Enviromnental Protection Agency and all applicable federal, state and local agencies and bureaus. 23. INDEMNITY. Tenant -Seller agrees to indemnify, defend and hold, Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in, or about, or the transportation of any such materials to or from, the Premises, 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 Premises. 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, 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 acts or omissions of Tenant -Seller herein. 24. ATT'ORNEYS' FEES. If legal action is required. in order to construe or enforce any provision of this Agreement, the party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as its attorneys' fees and costs. 25. COUNTERPARTS. This Agreement may be executed in counterparts and when so executed by both parties, each counterpart will constitute an original document, 26. BINDING EFFECT. 'The terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. 27. ENTIRE AGREEMENT. This Agreement contains the entire agreement between both parties; neither party relies upon any warranty or representation not contained in this Agreement, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. 6 25D-36 Mailing Address of Tenant -Seller I I I I N. Bristol St., Suite E Santa Ana, CA 92703 Mailing Address of Buyer 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Tenant -Seller Reyna Talavera dba Queen's Beauty Salon By: c- Its: a G' Date: 0 Buyer THE CITY OF SANTA ANA By: David Cavazos City Manager Date: Attest: By: Maria D. Huizar City Clerk Approvedas to Form: By: Jo i M. Funk Assistant City Attorney Recommended for Approval: By: Fred Mousavipour Executive Director - Public Works Agency Date: 25D-37 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY All that certain real property situated in the County of orange, State of Califomia, described as follows: Parcel z of Parcel Map No. 87-340, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed In nook 7 Pages 48, 49 and 50 of Parcel Maps, records of orange County, California. Assessor`s parcel Number: 445-274-14 25D-38 EXHIBIT B IMPROVEMENTS PERTAINING TO THE REALTY QUEENS BEAUTY SALON SUITE E FAIR MARKET VALUE IN-PLACE DATE OF VALUE: DECEMBER 18, 2018 Q T DESCRIPTION; FMV IN Y TENANT& FEE IMPROVEMENTS PLACE (NOTE• TENANT OR'S 80UM IT ASA GOING CONCERN 8ll5lNESS) 1 SIGNAGE EXTERIOR $ 3,265 (13) LETTERS, INDIVIDUAL, MTL CHANNEL, ILLUM, 8" PLASTIC FACE, (5) LETTERS, MATCHING, 18" (2) MONUMENT SIGN, 1'X4' PLASTIC WNINYL DECAL LETTERING 1 FLOORING, (40'X20') TILE, CERAMIC, 12"80 $ 7,200 1 SECURITY WINDOW BARS, FOLDING(180)SF, $ 2,835 1 WINDOW COVER, BLINDS, SUNSHADE MATERIAL (180)SF 1 LOT OF MATCHING JADE LAMINATE FINISHED SALON $ 6,820 FIXTURES, (SOME PIECES ARE WALL MOUNTED, SOMEARC FREE STANDING -IF SEPARATED, LOSES VALUE -CAN BE TREA TED AS MOVEABLE) (7) SALON WALL TABLES, 1'X4' (7) WALL MIRRORS, 3'X5' (1) HAIR WASH STATION, 2 BOWLS, OVERHEAD CABINETS WI ASSOCIATED PLUMBING, 8LF (1) SHOWCASE, DBL DOOR, 2 SHELF, 50"X70"H (1) CASH COUNTER AND DISPLAY CASE, (10)LF, 1 PRIVACY CURTAIN, CEILING MOUNTED 12LFX9'H 4 WALL CABINETS, WOODILAM, DBL DOOR 36"W TOTAL TENANT OWNED IMPROVEMENTS 25D-39 $ 20,120 EXHIBIT C MOVEABLE FURNITURE FIXTURES AND EQUIPMENT QUEENS BEAUTY SALON SUITE E FAIR MARKET VALUE IN-PLACE DATE OF VALUE: DECEMBER 1B, 2015 O DESCRIPTION: FMV IN T MOVEABLE FURNITURE, FIXTURES AND PLACE Y EQUIPMENT 5 SALON CHAIRS, FOOT ADJ, SS PED AND TUBE $ 1,590 FRAME, VINYL, 2 SALON CHAIRS, RECLINE, UVJ ADJUSTABLE HEIGHT 520 AND HEAD REST 1 L07 CIO 3400 (7) SALON CHAIR COMFORT MATTS (6) STYLIST EQUIPMENT CART, PLASTIC. MOBILE (1) WAXING LOUNGE CHAIR, ADJUSTABLE (3) MISC STOOLS (1) DELIVERY TABLE (2) HAIR WASH SALON CHAIRS (9) CHAIRS, STACKABLE, MTL FRAMENINYI, (1) WALL CLOCK, MINI GRANDFATHER (1) MUSIC STEREO SYSTEM, A SPEAKERS, ISYMPHONY, SONY RECEIVER STR-D8030 (1) COMMERCIAL FLOOR MATT, QUEENS LOGO, 3'X9' (1) MAGAZINE RACK, 4 SLOT (2)AIR BLOWER, LASKO (15) MISC PLANTS AND PLANTERS (4) MISC WASTE CANS (1) MISC BROOMS, DUST PANS, MOP, BUCKET (1) REFER, STD, FRIG1DAIRE (2) SHELVING UNIT, 2" STL TUBE FRAME, MTI. PERF DECK (1) MONITOR, SONY'17" (1) MICROWAVE, MAGIC CHEF (1) BUTCHER BLOCK TABLE, MOBILE, (35)STORAGE BINS, STACKABLE, PLASTIC (2) PARTITION PANELS, 6'X6' (i) WALL.. MtRROR, :3'X6' (1) PHONE, VTECH, LCD DISPLAY (I) CASH REGISTER, SHARP XE -A101, WICASH DRWR 1 SIGNAGE 3SU (1) LED PROGRAMMABLE, 20"X86" (1) LI=D "OPEN" SIGN 1 FACIAL MACI-LINE, CSC, ;N130642, W/ FLUOR MAG 340 LIGHT 1 WASHERIDRYER SET, GE AND MAYTAG 000 TOTAL MOVEABLE FF" 25D-40 $ 6,820 EXHIBIT D RECORDING, REQUESTED BY; THE CITY OF SANTA ANA AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code Section 6103 Pursuant to R&T Code § 11922 QUITCLAIM DEED County Assessor's Parcel Number: 408-274-10 (1 Ill N. Bristol, Suite E, Santa Ana, CA) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, REYNA TALAVERA DBA QUEEN'S BEAUTY SALON Do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, the real property in the City of Santa Ana, County of Orange, State of California, described as all right title and interest in and to the following described real property in Exhibit "1" including any and all leasehold interest, title and interest in and to the improvements pertaining to the realty which are attached or affixed in any manner to the following described real property specifically including, but not limited to the items in Exhibit "2", list of Improvements Pertaining to the Realty, (fixtures and equipment), attached hereto and by this reference made a part hereof, which are either generally or for purpose of this deed a part of that parcel of real property in the City of Santa Ana, County of Orange, State of California, described as follows: Grantor for himself, his heirs, representatives and assigns covenants and warrants that: 1) Grantor is the sole owner of the itemized Improvements Pertaining to the Realty conveyed by this Quitclaim Deed free from all liens and encumbrances, and 2) Grantor will defend the title and quiet enjoyment of the real property described above, including all Improvements Pertaining to the Realty, against all demands and claims of all persons. SEE EXHIBIT "1"& "2" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF IN WITNESS WHEREOF, the grantor hereto has caused this Quitclaim Deed to be executed as of this;. day of d 02ro -pt' , 2016. � K By: 25D-41 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 orahAf, ) on tl Qx&efA f ,)-o Ibefore me, J911 L� ,_ Mtfit N Nt li rr _____, Date HereInsert Name and Title of the Officer personally appeared _ Rj VI iL IDA aYPA Ol Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(les), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. ------------------- JULY 7 Notary Public - California Orange County Commission N 2150099 1 4 Comm. Esq lris Air 23,1020 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. Signatur S nature of Notary Public Place Notary Seal Above OPTIONAL --�- Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: aWt(AV. M blUd Document Date: 0 (; EXHIBIT "1" LEGAL DESCRIPTION All that ceitaln real propeity situated in the County of Orange, State of Callfornia, described as follows: Parcel 1 of Parcel Map No. 87-340, In the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Boo ,,,Z37 Pages 48, 49 and 50 of Parcel Maps, records of Orange County, California. Assessor's Parcel Number: 405-274-10 25D-43 EXHIBIT "2" DESCRIPTION OF CONVEYED IMPROVEMENTS QUEENS BEAUTY SALON SUITE E FAIR MARKETVALUE IN-PLAOE DATE OF VALUE: DECEMBER 18, 2015 T DESCRIPTION; FMV IN Y TENANT & FEE IMPROVEMENTS PLACE iSVOTE' TENMT PRS BOUGHTASA GOWO CONCERNBUSWF$$S SIGNAGE EXTERIOR $ 3,260 (13) LETTERS, INDIVIDUAL, MTL CHANNEL, ILLUN, 8" PLASTIC FACE, (8) LETTERS, MATCHING, 113" (2) MONUMENT SIGN, I'X4' PLASTIC WIVINML DECAL LETTERING I FLOORING, (40'X20`) TILE, CERAMIC, 12"80 $ 7,200 I SECURITY WINDOW BARS, FOLDING(18l))SF, $ 2,835 1 WINDOW COVER, Ei.IKOS',SUNSHADE MATERIAL (I8D)SF LOT OF WATCHING JADE LAMINATE FINISHED SALON $ 6,1120 FIXTURE'S, (SOME RECES ARE WALL MOUNTED, SOMaARR FREE 'STANDIMO 49SEPARATED, LOSE$ NALVECANS17 TREATED AS MOV,EAIXE) (7) SALON WALL TABLES, 1%4" (7) WALL MIRRORS, &XV (1) HAIR WASH STATIONy 2 BOWLS, OVERHEAD CA13INETS W1 ASSOCIATED PLUMBING, 8LF (1) SHOWCASE, 031. DOOR, 2 SHELF, 50®)(70"FI (1) CASH COUNTER AND DISPLAY CASE, (10)LF, 'I PRIVACY CURTAIN, CEILING MOUNTED 12LFX9'H A WALL CABINETS, WCODILAM, DSL DOOR SOW TOTAL TENANT OWNED IMPROVEMENTS 2501-44 $ 20,120 SELL OF IPR AND GOODWILL Project: Bristol Street (movement Proiect— Phase 3A APN: 405-274-10 Tenant -Seller: Hugo Solorzano Hernandez dba Huaos Canputer AGREEMENT FOR ACQUISITION OF TENANT -SELLER'S INTEREST IN REAL PROPERTY THIS AGREEMENT ("Agreement") is entered into as of this day of 120t6, by and between THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized, under tate Constitution and laws of the State of California ("Buyer"), and HUGO SOLORZANO HERNANDEZ DSA HUGOS COMPUTER ("Tenant - Seller") for the acquisition by Buyer of certain interests in real property described herein. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: I, AGREEMENT. Tenant -Seller agrees to sell and convey to Buyer, and. Buyer agrees to purchase and acquire from Tenant -Seller, upon the terms and for the consideration set forth in this Agreement, (a) all right, title and interest, in and to certain improvements, including fixtures and equipment (collectively " Conveyed Improvements") located in, on, or affixed in any manner to the premises known mid numbered as 1-I II N Bristol Street Suite H Santa Ana, California C'Premises") which Premises are part of that real property described in Exhibit A attached hereto, located in the City of Santa Ana, Orange County, California ("Property"), and (b) any tenancy interest of Tenant -Seller ("Tenancy Interest") in and to the Premises and. the Property. The Conveyed Improvements are a part of the Premises, and specifically include, without limitation, the iteims described in the list of Improvements Pertaining to the Realty attached hereto as Exhibit B. The Conveyed Improvements referred to as the "Improvements." 2. PURCHASE PRICE. The total purchase price, payable in cash through this Agreement, shall be the sum of: FORTY ONE THOUSAND TWO HUNDRED NINETY NO/100 DOLLARS ($41,290,00) ("Purchase Price") which is computed as follows: Value of Conveyed Improvements as shown on Exhibit $4,790.00 Loss of Business Goodwill $36,500.00 TOTAL AMOUNT PAYABLE THROUGH THIS AGREEMENT $41,290.00 3. CONVEYANCE OF INTEREST IN REAL PROPERfY. Tenant -Seller agrees to execute a Quitclaim ,Deed in the same form as that attached hereto as Exhibit C in favor of Buyer ("Quitclaim Deed"), relinquishing, releasing, and forever quitclaiming to Buyer all right title and interest in and to the Tenancy Interest. Exhibit 4 25D-45 4. Tenant -Seller will vacate the property by January 31, 2016. 5. CONVEYANCE OF INTEREST IN IMPROVEMENTS. The Quitclaim Deed will also convey front Tenant -Seller to Buyer all of Tenant -Seller's interest in and to the Improvements, which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens, assessments, leases, and taxes. Unless otherwise provided, recording of the Quitclaim Deed and Closing (as defined below) of the transaction described herein shall be subject to Tenant -Seller's vacation of the Premises and proof of clear title to all said Improvements having been obtained and received by Buyer in accordance with Paragraphs 8 and 9 of this Agreement. 6. RECORDING. Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein. 7. CERTIFICATION OF OWNERSHIP. Tenant -Seller hereby warrants and certifies under penalty of perjury that Tenant -Seller is the owner of the Improvements and that no document has been signed by or on behalf of Tenant -Seller for the purpose of creating any lien, encumbrance, or security interest in any of the Improvements, and that the Tenant -Seller does not know of any claim of lien, encumbrance, or other security interest therein, EXCEPT: (a) Trust Deeds on the Property, duly recorded; and (b) real and personal property taxes. 8. PERMISSION TO ENTER PREMISES. Tenant -Seller hereby grants Buyer or its authorized agent's permission to enter upon the Premises at all reasonable times prior to Closing of this transaction for the purpose of making necessary inspections. 9. BULK SALE. In order to establish proof of clear title to the Improvements, Buyer may publish a Notice to Creditors pursuant to the Bulk Sales Law of the State of California and obtain a title report and/or a report from the Secretary of State's Office as to filings of security interests covering the Improvements. 10. CONFLICTING INTERESTS. In the event any conflicting claim of title or any security interest or lien of any kind is discovered or asserted as to any of the Improvements, Buyer shall, upon receiving notice or knowledge thereof, withhold an amount otherwise payable to Tenant -Seller as is reasonably necessary, in the sole opinion of Buyer, to protect Buyer against such claim of interest or lien. The withholding of such funds shall not prevent Closing of this transaction if the total funds to be withheld from Tenant -Seller do not exceed the net amount to be paid to Tenant -Seller through this transaction. Buyer will not pay out the withheld funds or disburse any withheld funds to any claimant or other party (except upon court order or levy) without the written consent of Tenant -Seller. A general creditor's claim shall net be deemed to be a claim against any specific item of hnprovements and Tenant -Seller hereby agrees to accept all responsibility therefore. Unless otherwise provided, it shall be presumed that Tenant -Seller is entitled to payment under this transaction for the hnprovements, It shall be presumed that the Property owner is the owner of all improvements, fixtures and equipment associated with the Premises other than the Improvements, J 1. DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed an action to condemn the Tenancy Interest and/or Tenant -Seller's interest in the Improvements, Tenant -Seller hereby consents to the dismissal of such action and waives any claims for compensation, costs, attorney's fees and deposits in said action, or any claim whatsoever which 25D-46 inight arise out of the filing of such action, whether or not such claim is specifically identified herein. Tenant -Seller hereby authorizes Buyer to withdraw and make payable to Buyer any finds deposited with the Court in any such eminent domain action, 12. CLOSING; PURCHASE PRICE ADJUSTMENTS. Recording of the Quitclaim Deed by Buyer will constitute "Closing" of this transaction. At Closing, Buyer will pay the Purchase Price to Tenant -Seller, subject to the following adjustments: A. Pay and charge Tenant -Seller for any and all current and/or delinquent taxes and any penalties and interest thereon, and for any delinquent or non -delinquent assessments or bonds against the Improvements and the Tenancy Interest, B. Pay and charge Tenant -Seller for any amourit necessary to place title in the condition necessary to satisfy Paragraphs 4 and 9 of this Agreement; C. Disburse funds when conditions of this Agreement have been satisfied by Buyer and Tenant -Seller. 13. PULL AND COMPLETE SETTLEMENT. Tenant -Seller hereby acktiowledges that the compensation paid to Tenant -Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, resulting from or arising out of Buyer's acquisition of the Property and the Tenancy Interest and any dislocation of Tenant -Seller from the Premises, specifically including, but not limited to the value of the Improvements, leasehold improvements, any and all claims for rental or leasehold value and any and all claims in inverse condemnation and for pre -condemnation damages, and any and all claims For loss of business goodwill, and any and all other claims that Tenant -Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the Property, the Improvements and the Tenancy Interest, and the loss of business goodwill (but excluding relocation benefits to which Tenant -Seller may be entitled). Tenant -Seller hereby disclaims any right, title or interest in or to the Premises. Tenant -Seller and Buyer and each and all of their agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively "Releases"), hereby release the other party, and its Releases, and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation or damages which any of them now have, or might hereafter have by reason of any matter or thing arising out of or in any way related to any condemnation action affecting the Property, the Improvements and the Tenancy Interest. Additionally, Tenant -Seller hereby expressly and unconditionally waives any claims (known or unknown) including loss of goodwill, severance damages, statutory interest, claims for inverse condemnation or unreasonable pre -condemnation conduct, or any other compensation, damages or benefits, arising from the acquisition of the Premises that Tenant -Seller may have against Buyer, its officials, representatives, and attorneys. 14. ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542. Tenant - Seller aclmowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California. Civil Code § 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 25D-47 executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Tenant -Seller acknowledges that it and any others acting on its behalf herein may have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, Tenant -Seller acknowledges that this Agreement has been negotiated and agreed upon in light of that situation and hereby expressly waives any and all rights which it or others acting on its behalf may have under California Civil Code §1542, or under any statute or common law or equitable principle of similar effect. Tenan�'%t-Seller: `� / 15. CONTINGENCY. Transaction is subject to and contingent upon receipt by Buyer of the duly executed Quitclaim Deed from Tenant -Seller with respect to the Tenancy hnterest and the Improvements. This transaction is further subject to and contingent upon approval and acceptance by Buyer. 16. AGREEMENT TO EXECUTE. Tenant -Seller and Buyer agree to execute and file any additional agreements, consents or other documents reasonably necessary to effect the full and complete settlement and purchase of the Improvements and the Tenancy Interest. 17, AUTHORIZATION TO EXECUTE. Tenant -Seller and Buyer represent and warrant that the persons executing this Agreement are duly authorized to do so and to act on behalf of Tenant -Seller and Buyer respectively. 18. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement of pending or potential litigation between Tenant -Seller and Buyer and shall never be treated as an admission by Buyer for any propose of liability or as to value of any property or claim. 19. SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstanding the releases contained herein and agreement concerning this transaction, all the rights and obligations created under and pursuant to this Agreement shall survive the execution of the Agreement, the releases contained herein and the Closing of this transaction. 20. WARRANTIES REPRESENTATIONS AND COVENANTS OF TENANT - SELLER. Tenant -Seller hereby warrants, represents, and/or covenants to Buyer that: A. To the best of Tenant -Sellers knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Improvements, the Tenancy Interest or any portion thereof, at law or in equity, before any court or governmental agency, B. Until the Closing, Tenant -Seller shall maintain the Improvements and the Premises in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Improvements and the Premises. C. Until the Closing, Tenant -Seller shall not do anything which would impair Tenant -Seller's title to the Premises, the hnprovements or the Tenancy hnterest. 25D-48 D. All utilities including gas, electricity, water, sewage, and telephone, are available to the Premises, and to the best of Tenant -Seller's knowledge, all such items are in good working order. E, To the best of Tenant -Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or violate any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Tenant -Seller, the Premises, the Improvements or the Tenancy Interest may be subject. F. Until the Closing, Tenant -Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Paragraph 20 not to be true as of Closing, immediately give written notice of such fact or condition to Buyer. 21. HAZARDOUS WASTE, Neither Tenant -Seller nor, to the best of Tenant -Seller's knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property or the Premises, or transported any Hazardous Materials to or from the Property or the Premises. Tenant -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 Premises. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under §25115, §251.17 or §25122.7, or listed pursuant to §25140 of the. California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under §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 §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 §25251 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous 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 Reso4 ce Conservation and Recovery Act, 42 U.S.C. 56901 et seq. (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42. U.S.C. 56901, et seq. (42 U.S.C. 56901), 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Tenant -Seller's knowledge, the Premises and its use complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state and local laws pertaining to air and water quality, hazardous waste, waste disposal and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Enviromnental Response Compensation and Liability 25D-49 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, 23. INDEMNITY. Tenant -Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, tinder, in, or about, or the transportation of any such materials to or from, the Premises, 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 Premises. 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 siclmess, disease or death, tangible or intangible property damage, 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 acts or omissions of Tenant -Seller herein. 24. ATTORNEYS' FEES, If legal action is required in order to construe or enforce any provision of this Agreement, the party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as its attorneys' fees and costs. 25. COUNTERPARTS. This Agreement may be executed in counterparts and when so executed by both parties, each counterpart will constitute an original document. 26. BINDING EFFECT. The terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. 27. ENTIRE AGREEMENT. This Agreement contains the entire agreement between both parties; neither party relies upon any warranty or representation not contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. 25D-50 Mailing Address of Tenant -Seller Edward O. Lear, Esq. CENTURY LAW GROUP LLP 5200 W. Century Blvd., Ste. 345 Los Angeles, California 90045 Mailing Address of Buyer 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Tenant -Seller Hugo Solorzano Hernandez dba Hugos Computer / ( � By: " t "! P es(7 7 f9 (a 'Y Lo LLI Its:�v Date Buyer THE CITY OF SANTA ANA By: David Cavazos City Manager Attest: By: Maria D. Huizar City Clerk Date: Approved as to Form: By: -I 1X'0' LA JoM. Funk As istant City Attorney t0-4-- I � Recommended for Approval: By: Fred Mousavipour Executive Director - Public Works Agency Date: 7 25D-51 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY All that certain real property situated in the county of orange, state of California, described as follows: Parcel I of Parcel Map No. 87-340, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed In ggo23 Pages 4g, 49 and 50 of Parcel Maps, records of Orange County, California. Assessor's Parcel Number: 405:.2_74-10 M 25D-52 EXHIBIT B IMPROVEMENTS PERTAINING TO THE REALTY T DESCRIPTION: FMV IN Y TENANTIMPROVEMENTS PLACE I SIGNAGE EXTERIOR S 3,156 (6) LETTERS, INDIVIDUAL, ID' CRANNEL. ILLUNI, PLASTIC FACE (0) LETTERS, INDIVIDUAL, 14' CHANNEL, ILLUM, PLASTIC FACE (0) MONUMENT SIGN, I'X3' PLASTIC WNINYL DECAL LETTERING (6)SF WINDOW PAINT SIGNAGE, (8)SF WINDOW PAINT SIGNAGE, (12) LETTERS, WINDOW PAINT; 4' (PHIL) I LOTC(O MISE IMPROVEMENTS 1,635 (48)LF OF SHOP MADE. SHELVING WIFABRIC COVER, STAPLED, WITH (20)LF X 6'H SHOP MADE PARTITION, PLYWOOD, 21X4' FRAME (30)LF SHOP MADE SHELVIENG (BACK ROOM) RAW FINISH (IS)LF WORK COUNTER, MIX OF PRODUCTION AND SHOP MADE (420)SF SLOT BOARD DISPLAY PANEL, ASSOCIATED BRACKETS,PEGS (150)LF OF SHELVING, WHITE BOARD, IvITL BRACKETS (1) SECURITY DOOR, WOROUGHT IRON 36"X108" TOTALTENANTIMPROVEMENTS 2501-53 $ 4,780 EXHIBIT C RECORDING REQUESTED BY: THE CITY OF SANTA ANA AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M•30 Santa Ana, California 92701 Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code Section 6103 Pursuant to R&T Code § 11922 County Assessor's Parcel Number: 405-274-10 (1111 N. Bristol, Suite H, Santa Ana, CA) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HUGO SOLORZANO HERNANDEZ DBA COMPUTER REPAIR Do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, the real property in the City of Santa Ana, County of Orange, State of California, described as all right title and interest in and to the following described real property in Exhibit "1" including any and all leasehold interest, title and interest in and to the improvements pertaining to the realty which are attached or affixed in any manner to the following described real property specifically including, but not limited to the items in Exhibit '7% list of Improvements Pertaining to the Realty, (fixtures and equipment), attached hereto and by this reference made a part hereof, which are either generally or for purpose of this deed a part of that parcel of real property in the City of Santa Ana, County of Orange, State of California, described as follows: Grantor for himself, his heirs, representatives and assigns covenants and warrants that: 1) Grantor is the sole owner of the itemized Improvements Pertaining to the Realty conveyed by this Quitclaim Deed free from all liens and encumbrances, and 2) Grantor will defend the title and quiet enjoyment of the real property described above,, including all Improvements Pertaining to the Realty, against all demands and claims of all persons. SEE EXHIBIT "1" & "2" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF IN WITNESS WHEREOF, the grantor hereto has caused this Quitclaim Deed to be executed as of this J1 day of OGt W 2016, BY: �_. sl uL r Gtvvy'� Date: : C? / 2 � 1 25D-54 10,41.1lellllfiifii LEGAL. DESCRIPTION All that certain real property situated in the County of Orange, State of California, described as follows: Parcel 1 of Parcel Map No. 87-340, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in @ook 237 Paaes 48, 49 and 50 of Parcel Maps, records of orange County, California. Assessor's Parcel Number: 405-274-10 25D-55 EXHLBIT "T' DESCRIPTION OF CONVEYED IMPROVEMENTS DESCRIPTION; TENANT IMPROVEMENTS 1 SIGNAGE EXTERIOR (0) LETTERS, INDIVIDUAL, 10' CHANNEL, ILLUM, PLASTIC FACE (0) LETTERS, INDIVIDUAL, 14' CHANNEL, ILLUM, PLASTIC FACE (0) MONUMENT SIGN, 1'X3` PLASTIC WNINYL DECAL LETTERING (8)$F WINDOW PAINT SIGNAGE, (8)gcWINDOW PAINTSIGNACE, (12) LETTERS. IVINDOFV PAINT, 4" LOT C!O DMSO IMPROVOtIENTS (48ff OF SHOP MADE SHELVING W/FABRIC COVER, STAPLED, WITH (20JLF X WH SHOP MADE PARTITION, PLYWOOD, 2"X4" FRAME (30)LF SHOP MADE SHELVIENG (BACK ROOM) RAW FINISH (15jLF WORK COUNTER, MIX OF PRODUCTION AND SHOP MADE (4K)SF SLOT BOARD DISPLAY PANEL, ASSOCIATED BRACKETS,PEGS (1500 OF SHELVING, WHITE BOARD, MTL BRACKETS (1) SECURITY DOOR, iVOROUGHT IRON 301(108' TOTAL. TENANT IMPROVEMENTS 25D-56 FMV IN PLACE $ 3,156 I'mr, $ 4,790 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 UridhOf', ) On f li6CCdSg_ before me, j Ll( " Pot ((O Date Here Insert Name and Title of the Officer personally appeared hup J'91ftLtA o Name(s) of Signer(s) who proved to me on the basis of satisfactory_ evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. e Enueil'c: Y LY Not • California County Co2150099 9011111co A 's' 2 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hard and official seal. of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: aW b Document Date: ttlJCol 26 r Signer(s) Other Than Named Above': Capacity(ies) Claimed by Signer(s) Signer's Name: -- - Cf Corporate Officer = Title(s): -- • Partner — D Limited ❑ General ❑ Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator • Other: Signer Is Representing: Number of Pages: Signer's Name: Cl Corporate Officer — Title(s): D Partner — © Limited D General D Individual ❑ Attorney in Fact ❑ Trustee D Guardian or Conservator n Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 25D-57 25D-58