HomeMy WebLinkAboutCONTRERAS, JOSE G. 1-2009
,,JUN ~. ~ ~ PURCHASE AND SALE AGREEMENT
~~A C> -ant AND BILATERAL ESCROW INSTRUCTIONS c
~~~ ~eur, Ar1~'`~ FOR ACQUISITION OF REAL PROPERTY
THIS AGREEMENT (hereinafter "PSA"), entered into
__~~~~ ~ __-, 2 0 0 9 , between the CITY OF SANTA ANA, a charter city and municipal
cor ration duly organized under the Constitution and laws of the State of California (hereinafter
"City" or "Buyer"), and Jose G. Contreras (hereinafter "Seller"), regardless of number or gender;
THEREFORE, for and in consideration of their mutual promises, covenants and agreements,
and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City,
and City agrees to purchase from Seller, a portion of that certain real property (hereinafter
"Said Real Property") legally described and depicted as follows:
SEE EXHIBIT "A" -Legal Description and EXHIBIT "B" -Graphical Depiction
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as a portion of 1250 W. Camile Street; Santa Ana; CA)
-(APN 010-114-02)
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of
the following terms, conditions, promises, covenants, agreements and provisions, to wit:
1. Conveyance by Seller. Seller agrees to convey Said Real Property to City, by Grant
Deed, within thirty (30) days_from and after the date on which the City has approved this PSA.
2. Title to be Conveyed. The Seller's interest to the Real Property will be conveyed to City by
Seller by Grant Deed as set forth in Exhibit "C" to this PSA.
3. Property Taxes. Real property taxes, if any, on Said Real Property for the fiscal year
within which Said Real Property is conveyed to City as are unpaid at the time of said
conveyance shall be cleared and paid in accordance with the provisions of Section 4986 and
5081 of the Revenue and Taxation Code of the State of California. All unpaid taxes on Said
Real Property for any and all years prior to the fiscal year within which said conveyance is made
shall be paid by Seller before conveyance of Said Real Property to City.
4 Payment. of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept
from City, as and for the full purchase price for Said Real Property, fixtures & equipment,
improvements pertaining to the realty, goodwill (if any), and severance damages (if any), the total
sum of NINE THOUSAND SEVEN HUNDRED EIGHTY and No/100 Dollars"($9,780:00):'
5. Deadline for Payment of Purchase Price. City agrees to pay the purchase price of NINE
THOUSAND SEVEN HUNDRED EIGHTY and No/100 Dollars ($9,780.00) to Seller within THIRTY
(30) days from receipt of a fully executed Grant Deed and confirmation that Seller has marketable
title to Said Real Property.
6. Recordation of Grant Deed. Buyer shall not record the Grant Deed until City has paid
Seller the full Purchase Price for Said Real Property.
N-2009-061
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7. Possession. Seller agrees to deliver to City, on the date the Deed conveying Said Real
Property to City is recorded, quiet and peaceful possession of Said Real Property.
8. Waivers. The waiver by City of any breach of any covenant or agreement herein
contained on the part of the Seller shall not be deemed or held to be a waiver of any
subsequent or other breach of said covenant or agreement nor a waiver of any breach of any
other covenants or agreements contained herein.
9. Heirs, Assigns, Successors-in-Interest. This PSA, and all the terms, covenants and
conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and
assigns of the respective Parties hereto.
10. Time is of -the Essence. In all matters and things hereunder to be done and in all
payments hereunder to be made, time is and shall be of the essence.
11. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents,
permission to enter upon Said Real Property at all reasonable times prior to recordation of the
Grant Deed for the purpose of making necessary inspections.
12. Notices. The mailing address of the Seller of the Seller of Santa Ana is 20 Civic Center
Plaza, M-36, P.O. Box 1988, in the Seller of Santa Ana 92701, County of Orange, State of
California. The mailing address of the Seller is:
Jose G. Contreras
1250 W. Camile Street
Santa Ana, CA 92703
13. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the
whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and alt
issue(s) that were raised or could have been raised in connection with the acquisition of Said
Real Property by City.
14. Expiration of Agreement. This PSA shall terminate and become unenforceable by any
Party if City has not completed the acquisition of Said Real Property and paid the Purchase
Price therefore to Seller before August 1, 2009.
15. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and
against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
punitive damage, or expense (including, without limitation, attorneys' fees), resulting from,
arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or
disposal of any Hazardous Material on, under, in or about, or the transportation of any such
materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute,
ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation,
release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or
about, to or from, the Property. This indemnity shall include, without limitation, any damage,
liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action,
suit or proceeding for personal injury (including sickness, disease, or death, tangible or
intangible property damage, compensation for lost wages, business income, profits or other
economic loss, damage to the natural resource or the environment, nuisance, pollution,
contamination, leak, spill, release, or other adverse effect on the environment). This indemnity
extends only to liability created prior to or up to the date this escrow shall close. Seller shall not
be responsible for acts or omissions to act post close of this escrow.
16. Modification and Amendment. This PSA may not be modified or amended except in
writing signed by the Seller and City.
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17. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the
conclusion of which would adversely-affect the validity, legality, or enforcement of this PSA shall
have no effect, but all the remaining provisions of this PSA shall remain in full force.
18. Captions. Captions and headings in this PSA, including the title of this PSA, are for
convenience only and are not to be considered in construing this PSA.
19. Governing Law. This PSA shall be governed by and construed in accordance with the
laws of the State of California.
20. No Reliance By One Party On The Other. Each party has received independent legal
advice from its attorneys with respect to the advisability of executing this PSA and the meaning of
the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and
not for or against any party based upon any attribution to such party as the source of the language
in question.
21. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no
other person or entity has or shall acquire any rights hereunder.
22. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the
other, execute and deliver such further documents (in form and substance reasonably acceptable
to the party to be charged) and do such other acts and things as are reasonably necessary and
appropriate to effectuate the terms and conditions of this PSA, without cost.
23. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure
to the benefit of the successors and assigns of the Parties to this PSA.
24. Authority to Execute Agreement. Each undersigned represents and warrants that its
signature hereinbelow has the power, authority and right to bind their respective parties to each of
the terms of this PSA, and shalt indemnify City fully, including reasonable costs and attorney's fees,
for any injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
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25. ~ Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this PSA.
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first
written above.
SEL ER:
r
o G. Contreras
City/Buyer
City of Santa Ana
David N. Ream
City Manager
•. .
Date: 6 , 2009 ~ ~; : , ,
Date: ~ (! , 2009
Patricia ~I~ea
City Cler i
Approved as to Form:
Joseph W. Fletcher
City pyt~orr}~q~~~
Sandov`ai ~-
-r Managing Assistant City Attorney
Date: ~ ~~ , 2009
Date: ~" , 2009
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E~i°IIBIT ~`~,"
LEGAL DESC`RII'T'IOT,~
THAT C:ERTAITv' I'ARCIuL OF LAND IN T~°IE G~TY C.?I" AIV'7`r'~. AI`~IA, QQL~TY' C)F'
®R,4NGE, STA'T'E t~F C:ALIFOR1VA, I3EII`~FG A PORTION OF' Lt3T 3 3 OF `I`R4CT
1VC7. I4E}5, AS RECORDED IN I3t~?OK 43, PACE l ?4, C.3F MISCELT..A~IEC7IJS MAP'S,
R.ECORI7S OF SAID COUI`~JT~, MORE I'ARTI+~LJ'LARL~ I?ESCTZZBED AS
'+C?LLQti~S:
BRGINNING AT A PAINT ON THE 1'~fC}R`I".FI LINE Off' SAiD LC~'I' I3, NQRTH
f~~~~4'22"WEST $.l~ FEET FROM THE NORTHEAST CORNER C3F SAID LfJT,
SAID FC)INT BEING "T'H'E BEC,7INI~IING OF A i~3£7N-TANQEI'~T CURVE CC-I~CA~r'E
TO THE i~IORTH AI*TO HAVING A RADIUS OF r!-~.t3{3 FEET, A RADId~L LIl'~E TO
SAID- T~OINT REARS SOLITT- ~~°t}6'~4" E~,,ST;
TI~IENCE WESTERi,,Y ALONG S-AID NC}N-TAT~3GEP+1T CURVE T:HRQCIC.r:I-T A.
CENTRAL AT~7GT.E OF St?"25'(I~", 1~,N r1RG LEIVGTI~I OF 36.9E F'EET` TO 5.~1.TT~
NC?RTH LT~IE OF SAID LOT;
TH.EN(dE, t~.LONG SAIT3I'~IORTH LINE, SC_))[~`T'I-I fib°4'22" E,~ST' ~5.7~ FEET TC3
7"HE T'flINfi (lk~ BEGINI~T~IVG.
THE A:BE3VE DESC;RIBE.D PA.RC"EL OF LAND ~'C7NTA.INS 96 SQiJAR:.E FEF"I~,
MORE OR LESS.
ALL AS SI-IOht C)N EXNTB.IT` "B", ATTA.C.'HED HETt.ETO AND i'viAI7E A PART
HEREOF.
I'(tET'ARED UI~4DER THE SI.II'E.RVISIC3N OF:
~~'4 r`v S ~'T't'y,
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.k :Exp. 4J3f3~'09
I4.~~ J. M'A T ~~"~ -~
L.S. ~6~ `` ~~.`' en~.t~°.-
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EXHIBIT "B"
Graphical Depiction of Part Acquired
EXHIBIT "C"
When recorded, please mail this
instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-36
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103
CANCEL ~ AGENCY(IES) APPROVED BY DESCRIPTION DESCRIPTION A.P. RNV MAP PROJECT
TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED-O.K. NUMBER NUMBER NUMBER
010-114-02 06-1500
portlOn Of1250 W. Camlle DEED NUMBER
Address/Ap roximate Location
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt for which is hereby acknowledged, N-2009-061
Jose G. Contreras
Does hereby grant to THE CITY OF SANTA ANA, a Charter City and municipal corporation organized and existing under the
Constitution and laws of the State of California, for public right-of-way purposes, of the real property located in the City of Santa
Ana, County of Orange, State of California described as set forth in Exhibit "A" and depicted on Exhibit "B".
For: Jose G. Contreras
Dated
} By: Jose G. Contreras
STATE OF CALIFORNIA }ss.
COUNTY OF }
me,
personally appeared
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(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.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(This area for official seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
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SPACE ABOVE THIS LINE FOR RECORDER'S USE