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HomeMy WebLinkAbout25F - AGMT - SETTLEMENT GRAND AVE WIDENINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 15, 2013 TITLE: SETTLEMENT AGREEMENT WITH WESTERN DENTAL FOR GRAND AVENUE WIDENING (PROJECT NO. 081732 NONGENERAL FUND) APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2Id Reading ? Implementing Resolution ? Set Public Hearing For_ I ANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a settlement agreement with Western Dental Services, Inc., dba Western Dental, tenant of the property located at 1221 East First Street, Unit A (APN 398-454-12 & 13), in the amount of $90,105 for all rights, title, and interest in and to certain improvements, including fixtures and equipment, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION The recommended action will facilitate payment of relocation benefits to Western Dental for existing improvements, as required by the Uniform Relocation Act as part of the Grand Avenue Widening Project. The amount of compensation, as determined by the City's right-of-way consultant, has been reviewed by staff and the City Attorney's Office, and has been accepted by the tenant. Grand Avenue is a north-south transportation facility which is designated as a major arterial highway, and carries in excess of 35,000 vehicles per day. The widening of Grand Avenue between First and Seventeenth Streets has been a long-term priority project that will be constructed in several phases. Improvements include the widening of the roadway from two to three lanes in each direction; construction of raised landscape medians; new curb, gutter, and sidewalk; and inclusion of bike lanes. The Public Works Agency is acquiring property for development of Phase I, bounded by First and Fourth Streets, and expects to complete the acquisition process by September 2013. Construction is anticipated to begin by early 2014. The Uniform Relocation Act obligates the City to relocate tenants of the properties acquired for the widening of Grand Avenue, and sets standards for benefit amounts. As part of the relocation process, Western Dental, the tenant at 1221 East First Street, Unit A (Exhibit 1), must be paid for all rights, title, and interest in and to certain improvements, including fixtures and equipment, due 25F-1 Settlement Agreement with Western Dental for Grand Avenue Widening Project July 15, 2013 Page 2 of 2 to the relocation of the business (Exhibit 2). The compensation amount for this property is the appraised value prepared by an appraiser licensed by the State of California. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Final Environmental Impact Report (SCH No. 1998051068) approved by the City Council in 2002. In accordance with the National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. FISCAL IMPACT Funds to cover the recommended settlement agreement payouts are appropriated in the Measure M2 Street Construction Fund (Account 03217662-66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II, Francisco Gutierrezy Executive Directo` Executive Director Public Works Agency Finance & Management Services Agency RG/KN Exhibits: 1. Location Map 2. Agreement 25F-2 N T S-4 j 398.383-04 - i i 398-383-06 m 1 398-383-13 n i m m i m i m i j 1 1 1 1 1 w 1 I W I W I 1 n 1 1 ?'' 1^ 1 1 P 1 Qm- 1 P 1 P 1 1 ? 1 m 1 m 1 si 1 m I P I W I n 1 tp ?? 1 j j m j m j m ? m j m j I OD 1 ID I m I W 1 I W 1 j r? 1 rl 1 rl 1 rl 1 rl 1 r? j I W I C6 I W I C6 I W I W 1 P ? P ?? j P P P r? _ n _ _ rl 1 1 1 I 1 m j m =Nj v e! P 38454 - 1 L mm 1 1 v e 1 1 v o l 0 1 W W W P 1221 E FIRST ST. UNIT LEGEND -SUBJECT PROPERTY W D Z Q Z V ,.,,_„_,. i - j N 1 rl 1 1 m 1 m 1 1 co 1 m! PW j m l °W I m l °W 1 1 ? 1 ro j rl j t7 j t? j m 1 n 1 rl j j W I m I W l m W I m I m l m l 1 m 1? 1 roi I? I? I n I m l I.Pj 1 1 n I ry l I N I m 1 p- 1 1 1 1 '- 1 1 1 m 1 1 1 I e l I e l mP 1 1 (m'I I n 1? I m I W 1 1 1 W j m m I W I W l m 1 ?, ? I? I m 1? 1? 1 m 1 THIRD STREET j m I N I rl 1 1 In IN ' 1 1 °. I m I m l m Iv 1 I v I v 1 v I P 1 ^I ? 1 1 1 1 oW- 1 1 P j T j M 1 m 1 rl 1? 1 r7 1 1 (p 1 I m I P 1 WM 1 1 - 1 I m l m l ul j u? ? N ? N ?? v 1 0 1> I Q I v 1 06 ?o C6 ? 1 m I? I m l? l SECOND STREET 1 N f? O ? I[l l0 I? ? W - P j m? m? m? m? m? m ? m? m I m l j Q 1 0 1 v l e 1 N 1 'o I' I I Q j 1 o j umi j e 1 vmi j j P 1 P 1 P 1 W 1 W SANTA ANA TITLE; P MW A 1GCNCr ? GRAND AVENUE W DENING NIMC (PROJECT NO: 031732 NON-GENERAL FUND) 25F-3 FOURTH STREET FIRST STREET 25F-4 Project: Grand Avenue Widening Project APN: 398-454-12 & 13 Tenant-Seller: Western Dental Services, Inc. dba Western Dental AGREEMENT FOR ACQUISITION OF TENANT-SELLER'S IMPROVEMENTS PERTAINING TO THE REALTY THIS AGREEMENT ("Agreement") is entered into as of this day of , 2013, by and between THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ("Buyer"), and WESTERN DENTAL SERVICES INC. DBA WESTERN DENTAL ("Tenant-Seller") for the acquisition by Buyer of certain improvements pertaining to 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, all right, title and interest, in and to certain improvements, including fixtures and equipment (collectively "Improvements") located in, on, or affixed in any manner to the premises known and numbered as 1221 E. First Street #A, Santa Ana, California ("Premises") which Premises are part of that real property described in Exhibit 1 attached hereto, located in the City of Santa Ana, Orange County, California ("Property"). The Improvements to be conveyed by Tenant-Seller 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 2. 2. PURCHASE PRICE. The total purchase price, payable in cash through this Agreement, shall be the sum of. NINETY THOUSAND ONE HUNDRED FIVE AND NO/100 DOLLARS ($90,105.00) ("Purchase Price"). 3. CONVEYANCE OF INTEREST IN IMPROVEMENTS. Tenant-Seller agrees to execute a Quitclaim Deed in the same form as that attached hereto as Exhibit 3 in favor of Buyer ("Quitclaim Deed"), relinquishing, releasing, and forever quitclaiming to Buyer all right title and interest in and to the Improvements, free and clear of all recorded and unrecorded encumbrances, liens, assessments, leases, and taxes. 4. RECORDING. Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein. 5. CERTIFICATION OF OWNERSHIP. Tenant-Seller hereby warrants 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 have actual (as compared to constructive) knowledge of any claim of lien, encumbrance, or other security interest therein EXCEPT personal property taxes. Enp}LWT 2 6. 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. 7. 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. 8. CLOSING. Recording of the Quitclaim Deed by Buyer will constitute "Closing" of this transaction. At Closing, Buyer will pay the Purchase Price to Tenant-Seller. 9. FULL AND COMPLETE SETTLEMENT RELATED TO COMPENSATION FOR THE IMPROVEMENTS. 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 relating to the value of the Improvements., resulting from or arising out of Buyer's acquisition of the Property (but excluding relocation benefits to which Tenant-Seller may be entitled, if any, and loss of business goodwill to which Tenant-Seller may be entitled, if any). 10. CONTINGENCY. Transaction is subject to and contingent upon receipt by Buyer of the duly executed Quitclaim Deed from Tenant-Seller with respect to the Improvements. This transaction is further subject to and contingent upon approval and acceptance by Buyer. 11. AGREEMENT TO EXECUTE. Tenant-Seller and Buyer agree to execute and file any additional agreements, consents or other documents reasonably necessary to effect the purchase of the Improvements. 12. 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. 13. 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 or Seller for any purpose of liability or as to value of any property or claim. 14. 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 at law or in equity, before any court or governmental agency. 2 25F-6 B. Until the Closing, Tenant-Seller shall not knowingly do anything which would impair Tenant-Seller's title to the Improvements. C. 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 the Improvements may be subject. D. 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 14 not to be true as of Closing, immediately give written notice of such fact or condition to Buyer. 15. 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. 16. COUNTERPARTS. This Agreement may be executed in counterparts and when so executed by both parties, each counterpart will constitute an original document. 17. 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. 18. ENTIRE AGREEMENT. This Agreement contains the entire agreement between both parties regarding the subject matter hereof; 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS. 25F-7 Mailing Address of Tenant-Seller 530 S. Main Street Orange, California 92868 Attn: Legal Department Mailing Address of Buyer 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Tenant-Seller Western Dental Services, Inc. By: Its: Date: Buyer THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California By: Kevin O'Rourke City Manager Date: Attest: By: Maria D. Huizar City Clerk Date: Approved as to Form: Sonia R. Carvalho City Attorney By: Jose Sandoval Chief Assistant City Attorney Date: 4 25F-8 EXHIBIT 1 25F-9 EXHIBIT "4 " LEGAL DESCRIPTION Real property In the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL A: LOTS 1, 3, 4, 10, 11 AND 12 IN BLOCK "E" OF SANTA ANA INVESTMENT COMPANY TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNw OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 11, AT PAGE 39, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE SOUTHERLY ONE FOOT OF LOTS 10, 11 AND 12, IN BLOCK E OF SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 11, PAGE 39, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AS GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3, 1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM A SPANDREL SHAPED PARCEL OF LAND BOUNDED SOUTHERLY BY THE NORTH LINE OF PARCEL 1, BOUNDED EASTERLY BY THE EAST LINE OF SAID LOT 12, BOUNDED NORTHWESTERLY BY THE ARC OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25 FEET AND TANGENT TO SAID SOUTHERLY AND EASTERLY BOUNDARIES, AS GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3, 1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS. PARCEL B: LOT 2 IN BLOCK B OF SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, H UMPHREY'S ADDITION TO SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 9.1, PAGE 39 MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398-454-12 and 398-454.13 25F-10 EXHIBIT 2 25F-11 PUBLIC WORKS WESTERN DENTAL CITY OF SANTA ANA FAIR MARKET VALUE GRAND AVENUE STREET WIDENING PROJECT DATE OF VALUE: APRIL 18, 2012 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE THROUGHOUT LOT, CIO INSTALLATION OF: (1) PAN / CEPH MACHINE & COMPUTERS (2) ESTIMATOR'S COMPUTERS (2) DOCTOR'S COMPUTERS (1) EWB SYSTEM, JOB STATUS SYSTEM (2) BELMONT X-RAY MACHINES (1) TV SCEPTRE, HDTV, HDMI, 1080P, 120 HZ (1) VACUUM SYSTEM, COMPRESS AIR SYSTEM, WATER DISTRIBUTION SYSTEM, 2 BREAKERS, ASSOC, ELECTRIC (6) ADMINISTRATIVE COMPUTERS, PRINTERS, SERVER, ETC. (2) WALL MOUNTED SERVERS (1) SERVER RACK, WALL MOUNTED, MARK IV (1 DATA COLLECTION UNIT, KRONOS, CARD SWIPE, TERMINAL (7) DENTAL CHAIRS AND DELIVERY SYSTEMS 2 1 ALARM SYSTEM, BAY ALARM, (1) 16 KEYPAD, (3) WIRELESS SENSORS DENTAL SUITE INTERIOR CONSTRUCTION, FRAMED PARTITIONS DIVIDE THE DENTAL SUITE INTO TWO MAJOR AREAS. THE SOUTH SECTION INCLUDE THE PATIENT WAITING LOBBY CONTAINING _286-SQ. FT.; THE RECEPTION COUNTER AND BUSINESS OFFICE 336 SQ. FT., TWO RESTROOMS _98-SQ. FT. EACH AND 2 CLOSETS FOR AIR, VACUUM AND OXYGEN EQUIPMENT, DENTAL CLINIC SECTION CONTAINING _1352_SQ. FT. IS DIVIDED INTO (7) DENTAL STATIONS SEMI-OPEN STALLS, PRIVATE DENTAL ROOM # 5, CONVERTED OFFICE, A LABORATORY, X-RAY ROOM WITH ALCOVE, AND A STAFF BREAK ROOM, INCLUDING: (1,900) SQ. FT. FRAMED INTERIOR PARTITION WALLS, GYPSUM BOARD PANELS, TAPE, SPACKLING, PAINT, 2 SIDES (355) SQ. FT. LEAD SHEETING FOR X-RAY PROTECTED AREAS (1,077) SQ. FT. SINGLE SIDE FACING, ON INTERIORS OF PARTY WALL AND EXTERIOR WALLS, GYPSUM BOARD, TAPED, SPACKLING, SANDING AND PAINTING A/G 22,820 A 2,500 A 28,000 25F-12 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE (655) SQ. FT. GLAZED EXTERIOR WALLS, PLATE GLASS COMMERCIAL GRADE, 2 GLASS EXTERIOR DOORS AT LOBBY AND STAFF ROOM, PLATE GLASS AT LOBBY AND BUSINESS OFFICE, MINIMUM DETAIL AND FINISH (2) GLASS DOOR AND SIDE PANEL AT LOBBY, 36" WIDE DOOR FRAME, 21" ALUMINUM FRAME FOR FIXED PANEL, INCLUDING HARDWARE AND ELECTRICAL UNLOCKING CONTROLS, GLASS DOOR AT PRIVATE OFFICE (2) ACCORDIAN, FOLDING VINYL DOORS, DENTAL ROOM # 5 AND STAFF (3) WOOD HOLLOW CORE DOORS, RESTROQMS ANDLABORATORY (2) WOOD SOLID CORE, AIR AND VACUUM EQUIPMENT ROOM, OXYGEN ROOM WITH 2- AIR CIRCULATION VENT PANELS 4 1 FLOOR COVER, VINYL COMPOSITION TILES, WALL A 5,600 TO WALL, BASE BOARD, GROSS AREA 2,552 SQ. FT. TRIM AND CUTTING AT BASE WALLS, INSTALLED 1 WINDOW APPOINTMENTS, PLASTIC, VENETIAN G 2,975 BLINDS, HORIZONTAL, MANUAL HARDWARE, LOBBY, LAB, OFFICE AND STAFF AREAS, C/O: (3) SECTIONS, LABORATORY, 34" W X 56" H EACH (3) SECTIONS, STAFF BREAK ROOM, 6' W X 24" OVER DOOR, 3' W X 4' H, NORTH OF DOOR, TX 6'8" SOUTH OF DOOR (6) SECTIONS, RECEPTION OFFICE, 36" X 9' H (2) SECTIONS, 32" W X 74" H, IN DENTAL TREATMENT ROOM # 5 AND PRIVATE OFFICE RECEPTION DESK AND OFFICE 6 1 RECEPTION COUNTER, 106" X 12" SERVICE TOP, A 3,700 0 42" HIGH, WOOD WITH PLASTIC VENEER, FRONT PANEL 97" X 40" HIGH, OPEN KNEE WELL, SINGLE DIVIDE PANEL (1) SIDE SERVICE COUNTER, 11'3" X 12" TOP, 42" HIGH, FRONT PANEL 151" X 40 112" HIGH, 2 PEDESTAL WITH DOUBLE DOOR AND DRAWER 21" WIDE, 4 SHALLOW DRAWERS 19 1/2" WIDE, 30" HIGH WORK TOP, 12" BACK PANEL FOR SERVICE TOP 7 1 WALL AND COUNTER UNIT, (TYPICAL WOOD A 1,625 PLASTIC VENEER) 63" X 25" TOP, 31" OPEN KNEE WELL, SINGLE SHALLOW DRAWER, PEDESTAL 28" WIDE, 1 DRAWER 14" WIDE, 1 LOCK, DOUBLE DOOR STORAGE CABINET 25F-13 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE (1) WALL CABINET, 62" X 38" H X 14" D, DOUBLE DOOR AND SINGLE DOOR, 3 LOCKS BATHROOMS 1 BABY CHANGING STATION, KOLA KARE, DROP A 175 CRIB TRAY, MODEL KB200, WALL MOUNTED, HORIZONTAL LOT, RESTROOM ACCESSOREIS, CIO: A 500 (2) SETS HANDICAPPED ASSISTOR BARS, STAINLESS STEEL, WALL MOUNTED, 48" & 38" (2) SCOTT PAPER TOWEL DISPENSER, 12" X 13" PULL SHEET (2) SANITARY TOILET SEAT COVER, NATIONAL SANITARY SUPPLY (2) AIR FRESHENERS, EIKOSHA, BATTERY OPERATED FAN (2) RUBBER MAID AIR FRESHENERS (2) WASTE PAPER CONTAINERS, GREY PLASTIC, 19" X 34" H, LID, DROP CHUTE (4) PAPER ROLLS, SINGLE (2) MIRROR, 30" X 24" (1) FLOWERS, YELLOW, PLASTIC PLANTER (1) SOAP DISPENSER, "DISCOVERY", BATTERY OPERATED,TOUCHLESS DENTAL TREATMENT AREAS 10 9 CABINETS, WOOD CONSTRUCTION, PLASTIC A 3,100 VENEER, WOOD GRAIN FINISH, WASTE COMPARTMENT SINGLE ACCESS DOOR, 18" X 30" H, 18" W DRAWER, SUPPLY STORAGE SINGLE DOOR, 18" W X 25" H, 2 INTERIOR SHELVES, INCLUDING: (4) 3'3" X 16" TOP, WITH 6" DIA. DROP CHUTE, 36" HIGH CABINET (4) IRREGULAR TOP 55" FRONT, 41" BACK, 16" DEEP TOP, 6" DIA. DROP CHUTE, 36" HIGH CABINET (1) IRREGULAR TOP, 55" & 41" X 16" DEEP, NO DROP OPENING, TYPICAL 2 DOOR, 1 DRAWER, X- RAY CONTROL ROOM 11 1 NURSE'S STATION CABINETS, "U" SHAPE A 7,760 BETWEEN ROOM # 5 AND OFFICE, 7'3" X 26" COUNTER, 2 SIDES, 43" WIDE COUNTER WITH SINK, DOUBLE DOOR, STAINLESS STEEL SINK, 22" X 21" SINGLE COMPARTMENT WITH HARDWARE, 36" HIGH COUNTER, (2) DOUBLE DOOR, (4) 20" DRAWER, (8) 18" DRAWER 25F-14 3 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE (1) WALL CABINETS, 36" HIGH, 4 DOUBLE DOOR, 35" WIDE, 2 SINGLE DOOR, 21" WIDE, OPEN FACE SHELF SECTION, 24" X 18", 2 ADJUSTABLE SHELVES, UPPER DOUBLE DOOR CABINET, 24" X 18" HIGH 12 1 ISLAND COUNTER WORK STATION, 97" X 32" TOP, A 4,000 WITH 22" X 22" STAINLESS STEEL SINGLE COMPARTMENT SINK, GOOSE NECK HARDWARE, LOCAL PIPING, BASE CABINET, 2 SIDES WITH ONE SINGLE DOOR 16" WIDE AND DOUBLE DOOR 30" WIDE, 36" HIGH, 2 END DOORS, 29" WIDE (1) ELECTRICAL CHUTE, 10 1/2" X 8" X 17 112" HIGH, 2 DOUBLE PLUG RECEPTORS (1) UPPER CABINET, 60" L X 26" W X 51" H TO CEILING, 31" HIGH STORAGE CABINETS, 4 DOUBLE DOORS, 23" WIDE, 2 OPEN FACE SHELF SECTIONS, 15" W X 15" H, UPPER DOUBLE DOOR 15" X 15", 20" HIGH BOX COMPARTMENT LABORATORY 13 1 COUNTER, WOOD, WHITE VENEER FINISH, A 4,110 INCLUDING: (1) DESK UNIT, 66" X 25" TOP, 5" SPLASH PANEL WITH 4 112" SHELF, 2 PEDESTAL, 1 DOUBLE DOOR, 5 DRAWERS, 30" HIGH (1) CABINET, 38" X 26" TOP, 36" HIGH (1) RANGE TOP, TAPPAN, 4 BURNER, NATURAL GAS WITH RANGAIRE OVERHOOD VENT (1) CABINET, OVER VENT, WITH G.T. VENT DUCT, 36" W X 31" H, 17" H BOX COMPARTMENT ABOVE (1) APPAREL RACK, BUILT-IN 35" W X 26" D X 77" H, OPEN FRONT (8) SHELF, WOOD PLANK, WHITE PAINT, 8" X 1" BOARD, 4- 60", 3- 72", 1- 36" (1) SINK COUNTER, WOOD WITH WHITE PLASTIC VENEER, 7'5" X 26" TOP, STAINLESS STEEL SINK, SINGLE COMPARTMENT, 22" X 20", GOOSE NECK HARDWARE, LOCAL PIPING, DRAIN TRAP, ACCESSORIES, INSTALLED STAFF BREAK ROOM 14 1 SINK COUNTER, WOODIPLASTIC VENEER A 3,240 (TYPICAL) 7'6" TOP, 26" DEEP, STAINLESS STEEL DOUBLE COMPARTMENT SINK, 33" X 22" X 8" DEEP, BASE WITH 2- DOUBLE DOOR, 2- DRAWER 15" W, 21" OPENING FOR G.E. REFRIGERATOR (1) GARBAGE DISPOSAL, 112 HP, ELECTRIC, MODEL 5 (1) WATER FILTER, 3M, CARTRIDGE 25F-15 4 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE (1) WALL CABINETS, 7'6" X 36" H, 3- DOUBLE DOORS (1) MATCHING TABLE TOP, WALL MOUNTED ACROSS ROOM, 1'6" X 26" D. 4" SPLASH PANEL, MOUNTED ON SOUTH WALL TOTAL IMPROVEMENTS PERTAINING TO THE REALTY 90,105 0 25F-16 5 EXHIBIT 3 25F-17 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 pace above this line or Recorder's use QUITCLAIM DEED County Assessor's Parcel Number: 398-454-12 & 13 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WESTERN DENTAL SERVICES, INC. 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 "A" 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 "B", 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 ail demands and claims of all persons. SEE EXHIBIT "A" & "B" 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 , 2013. By: By: Date: Date: 25F-18 EXHIBIT "A" 25F-19 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows; PARCEL A: LOTS 1, 3, 4,10,11 AND 12 IN BLOCK "E" OF SANTA ANA INVESTMENT COMPANY TRACT NO. 1, HUMPHREY'S ADDITION TO SANTAANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 11, AT PAGE 39, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE SOUTHERLY ONE FOOT OF LOTS 10, 11 AND 12, IN BLOCK E OF SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 11, PAGE 39, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AS GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3, 1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM A SPANDREL SHAPED PARCEL OF LAND BOUNDED SOUTHERLY BY THE NORTH LINE OF PARCEL 1, BOUNDED EASTERLY BY THE EAST LINE OF SAID LOT 12, BOUNDED NORTHWESTERLY BY THE ARC OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25 FEET AND TANGENT TO SAID SOUTHERLY AND EASTERLY BOUNDARIES, AS GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3, 1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS. PARCEL B: LOT 2 IN BLOCK B OF SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGE 39 MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398-454-12 and 398-454-13 25F-20 EXHIBIT "B" 25F-21 EXHIBIT "B" PUBLIC WORKS WESTERN DENTAL CITY OF SANTA ANA FAIR MARKET VALUE GRAND AVENUE STREET WIDENING PROJECT DATE OF VALUE: APRIL 18, 2012 ITEM DESCRIPTION: FAIR SALVAGE NO, QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE THROUGHOUT LOT, C/O INSTALLATION OF: (1) PAN / CEPH MACHINE & COMPUTERS (2) ESTIMATOR'S COMPUTERS (2) DOCTOR'S COMPUTERS (1) EWB SYSTEM, JOB STATUS SYSTEM (2) BELMONTX-RAY MACHINES (1) TV SCEPTRE, HDTV, HDMI, 1080P, 120 HZ (1) VACUUM SYSTEM, COMPRESS AIR SYSTEM, WATER DISTRIBUTION SYSTEM, 2 BREAKERS, ASSOC, ELECTRIC (6) ADMINISTRATIVE COMPUTERS, PRINTERS, SERVER, ETC. (2) WALL MOUNTED SERVERS (1) SERVER RACK, WALL MOUNTED, MARK IV (1 DATA COLLECTION UNIT, KRONOS, CARD SWIPE, TERMINAL (7) DENTAL CHAIRS AND DELIVERY SYSTEMS 2 1 ALARM SYSTEM, BAY ALARM, (1) 16 KEYPAD, (3) WIRELESS SENSORS DENTAL SUITE INTERIOR CONSTRUCTION, FRAMED PARTITIONS DIVIDE THE DENTAL SUITE INTO TWO MAJOR AREAS. THE SOUTH SECTION INCLUDE THE PATIENT WAITING LOBBY CONTAINING _286-SQ. FT.; THE RECEPTION COUNTER AND BUSINESS OFFICE 336 SQ. FT., TWO RESTROOMS _98-SQ. FT. EACH AND 2 CLOSETS FOR AIR, VACUUM AND OXYGEN EQUIPMENT, DENTAL CLINIC SECTION CONTAINING _1352_SQ. FT. IS DIVIDED INTO (7) DENTAL STATIONS SEMI-OPEN STALLS, PRIVATE DENTAL ROOM # 5, CONVERTED OFFICE, A LABORATORY, X-RAY ROOM WITH ALCOVE, AND A STAFF BREAK ROOM, INCLUDING: (1,900) SQ. FT. FRAMED INTERIOR PARTITION WALLS, GYPSUM BOARD PANELS, TAPE, SPACKLING, PAINT, 2 SIDES (355) SQ. FT. LEAD SHEETING FOR X-RAY PROTECTED AREAS (1,077) SQ. FT. SINGLE SIDE FACING, ON INTERIORS OF PARTY WALL AND EXTERIOR WALLS, GYPSUM BOARD, TAPED, SPACKLING, SANDING AND PAINTING A/G 22,820 A 2,500 0 A 28,000 0 25F-22 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE - - - VALUE (655) SQ. FT. GLAZED EXTERIOR WALLS, PLATE GLASS COMMERCIAL GRADE, 2 GLASS EXTERIOR DOORS AT LOBBY AND STAFF ROOM, PLATE GLASS AT LOBBY AND BUSINESS OFFICE, MINIMUM DETAIL AND FINISH (2) GLASS DOOR AND SIDE PANEL AT LOBBY, 36" WIDE DOOR FRAME, 21" ALUMINUM FRAME FOR FIXED PANEL, INCLUDING HARDWARE AND ELECTRICAL UNLOCKING CONTROLS, GLASS DOOR AT PRIVATE OFFICE (2) ACCORDIAN, FOLDING VINYL DOORS, DENTAL ROOM # 5 AND STAFF (3) WOOD HOLLOW CORE DOORS, RESTROOMS AND LABORATORY (2) WOOD SOLID CORE, AIR AND VACUUM EQUIPMENT ROOM, OXYGEN ROOM WITH 2- AIR CIRCULATION VENT PANELS 4 1 FLOOR COVER, VINYL COMPOSITION TILES, WALL A 5,600 TO WALL, BASE BOARD, GROSS AREA 2,552 SO. FT. TRIM AND CUTTING AT BASE WALLS, INSTALLED 1 WINDOW APPOINTMENTS, PLASTIC, VENETIAN G 2,975 0 BLINDS, HORIZONTAL, MANUAL HARDWARE, LOBBY, LAB, OFFICE AND STAFF AREAS, CIO: (3) SECTIONS, LABORATORY, 34" W X 56"H EACH (3) SECTIONS, STAFF BREAK ROOM, 6'W X 24" OVER DOOR, 3' W X 4' H, NORTH OF DOOR, TX 6'8" SOUTH OF DOOR (6) SECTIONS, RECEPTION OFFICE, 36" X 9' H (2) SECTIONS, 32" W X 74" H, IN DENTAL TREATMENT ROOM # 5 AND PRIVATE OFFICE RECEPTION DESK AND OFFICE RECEPTION COUNTER, 106" X 12" SERVICE TOP, A 3,700 0 42" HIGH, WOOD WITH PLASTIC VENEER, FRONT PANEL 97" X 40" HIGH, OPEN KNEE WELL, SINGLE DIVIDE PANEL (1) SIDE SERVICE COUNTER, 11'3" X 12" TOP, 42" HIGH, FRONT PANEL 151" X 40 1/2" HIGH, 2 PEDESTAL WITH DOUBLE DOOR AND DRAWER 21" WIDE, 4 SHALLOW DRAWERS 19 112" WIDE, 30" HIGH WORK TOP, 12" BACK PANEL FOR SERVICE TOP 1 WALL AND COUNTER UNIT, (TYPICAL WOOD A 1,625 PLASTIC VENEER) 63" X 25" TOP, 31" OPEN KNEE WELL, SINGLE SHALLOW DRAWER, PEDESTAL 28" WIDE, 1 DRAWER 14" WIDE, 1 LOCK, DOUBLE DOOR STORAGE CABINET 25F-23 2 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE (1) WALL CABINET, 62" X 38" H X 14" D, DOUBLE DOOR AND SINGLE DOOR, 3 LOCKS BATHROOMS 1 BABY CHANGING STATION, KOLA KARE, DROP A 175 CRIB TRAY, MODEL KB200, WALL MOUNTED, HORIZONTAL LOT, RESTROOM ACCESSOREIS, CIO: A 500 0 (2) SETS HANDICAPPED ASSISTOR BARS, STAINLESS STEEL, WALL MOUNTED, 48" & 38" (2) SCOTT PAPER TOWEL DISPENSER, 12" X 13" PULLSHEET (2) SANITARY TOILET SEAT COVER, NATIONAL SANITARY SUPPLY (2) AIR FRESHENERS, EIKOSHA, BATTERY OPERATED FAN (2) RUBBER MAID AIR FRESHENERS (2) WASTE PAPER CONTAINERS, GREY PLASTIC, 19" X 34" H, LID, DROP CHUTE (4) PAPER ROLLS, SINGLE (2) MIRROR, 30" X 24" (1) FLOWERS, YELLOW, PLASTIC PLANTER (1) SOAP DISPENSER, "DISCOVERY", BATTERY OPERATED,T000HLESS DENTAL TREATMENT AREAS 10 9 CABINETS, WOOD CONSTRUCTION, PLASTIC A 3,100 0 VENEER, WOOD GRAIN FINISH, WASTE COMPARTMENT SINGLE ACCESS DOOR, 18" X 30" H, 1S" W DRAWER, SUPPLY STORAGE SINGLE DOOR, 18" W X 25" H, 2 INTERIOR SHELVES, INCLUDING: (4) 3'3" X 16" TOP, WITH 6" DIA. DROP CHUTE, 36" HIGH CABINET (4) IRREGULAR TOP 55" FRONT, 41" BACK, 16" DEEP TOP, 6" DIA. DROP CHUTE, 36" HIGH CABINET (1) IRREGULAR TOP, 55" & 41" X 16" DEEP, NO DROP OPENING, TYPICAL 2 DOOR, 1 DRAWER, X- RAY CONTROL ROOM 11 1 NURSE'S STATION CABINETS, "U" SHAPE A 7,760 0 BETWEEN ROOM # 5 AND OFFICE, 7'3" X 26" COUNTER, 2 SIDES, 43" WIDE COUNTER WITH SINK, DOUBLE DOOR, STAINLESS STEEL SINK, 22" X 21" SINGLE COMPARTMENT WITH HARDWARE, 36" HIGH COUNTER, (2) DOUBLE DOOR, (4) 20" DRAWER, (8) 18" DRAWER 25F-24 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE (1) WALL CABINETS, 36" HIGH, 4 DOUBLE DOOR, 35" WIDE, 2 SINGLE DOOR, 21" WIDE, OPEN FACE SHELF SECTION, 24" X 18", 2 ADJUSTABLE SHELVES, UPPER DOUBLE DOOR CABINET, 24" X 18" HIGH 12 1 ISLAND COUNTER WORK STATION, 97" X 32" TOP, A 4,000 WITH 22" X 22" STAINLESS STEEL SINGLE COMPARTMENT SINK, GOOSE NECK HARDWARE, LOCAL PIPING, BASE CABINET, 2 SIDES WITH ONE SINGLE DOOR 16" WIDE AND DOUBLE DOOR 30" WIDE, 36" HIGH, 2 END DOORS, 29" WIDE (1) ELECTRICAL CHUTE, 10 1/2" X 8" X 17 1/2" HIGH, 2 DOUBLE PLUG RECEPTORS (1) UPPER CABINET, 60" L X 26" W X 51" H TO CEILING, 31" HIGH STORAGE CABINETS, 4 DOUBLE DOORS, 23" WIDE, 2 OPEN FACE SHELF SECTIONS, 15" W X 15" H, UPPER DOUBLE DOOR 15" X 15", 20" HIGH BOX COMPARTMENT LABORATORY 13 1 COUNTER, WOOD, WHITE VENEER FINISH, A 4,110 INCLUDING: (1) DESK UNIT, 66" X 25" TOP, 5" SPLASH PANEL WITH 4 1/2" SHELF, 2 PEDESTAL, 1 DOUBLE DOOR, 5 DRAWERS, 30" HIGH (1) CABINET, 38" X 26" TOP, 36" HIGH (1) RANGE TOP, TAPPAN, 4 BURNER, NATURAL GAS WITH RANGAIRE OVERHOOD VENT (1) CABINET, OVER VENT, WITH G.T. VENT DUCT, 36" W X 31" H, 17" H BOX COMPARTMENT ABOVE (1) APPAREL RACK, BUILT-IN 35" W X 26" D X 77" H, OPEN FRONT (8) SHELF, WOOD PLANK, WHITE PAINT, W X 1" BOARD, 4- 60", 3- 72", 1- 36" (1) SINK COUNTER, WOOD WITH WHITE PLASTIC VENEER, 7'5" X 26" TOP, STAINLESS STEEL SINK, SINGLE COMPARTMENT, 22" X 20", GOOSE NECK HARDWARE, LOCAL PIPING, DRAIN TRAP, ACCESSORIES, INSTALLED STAFF BREAK ROOM 14 1 SINK COUNTER, WOOD/PLASTIC VENEER A 3,240 0 (TYPICAL) T6" TOP, 26" DEEP, STAINLESS STEEL DOUBLE COMPARTMENT SINK, 33" X 22" X 8" DEEP, BASE WITH 2- DOUBLE DOOR, 2- DRAWER 15" W, 21" OPENING FOR G.E. REFRIGERATOR (1) GARBAGE DISPOSAL, 1/2 HP, ELECTRIC, MODEL 5 (1) WATER FILTER, 3M, CARTRIDGE 25F-25 ITEM DESCRIPTION: FAIR SALVAGE NO. OTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE (1) WALL CABINETS, 7'6" X 36" H, 3- DOUBLE DOORS (1) MATCHING TABLE TOP, WALL MOUNTED ACROSS ROOM, 1'6" X 26" D, 4" SPLASH PANEL, MOUNTED ON SOUTH WALL TOTAL IMPROVEMENTS PERTAINING TO THE REALTY 90,105 25F-26