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HomeMy WebLinkAbout25E - AGMT - BRISTOL PHASE 3AREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 20, 2016 TITLE: APPROVE PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS, PHASE 3A (PROJ. NO. 136792 NONGENERALFUND) (STRATEGIC PLAN NOS. 6, 1G; 3, 2C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended 771 As Amended 77 Ordinance on 1't Reading ❑ Ordinance on 2 "d Reading Q Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a purchase agreement with Tenant - Seller Alejandra Gonzalez for tenant interest in the property located at 1111 North Bristol Street, Suite B, for the full purchase price of said tenant interest and goodwill (if any), in the amount of $10,216, subject to nonsubstantive changes approved by the City Manager and City Attorney. 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. The property acquisition of 1111 North Bristol Street (Exhibit 1) is necessary to accommodate the improvements and widening for Phase 3A. The City Council approved the purchase agreement for 1111 North Bristol Street on August 16, 2016. Alejandra Gonzalez, tenant of Suite B, agreed to quitclaim all of her tenancy interest including loss of goodwill for the purchase price of $10,216. The purchase price was made based on the appraised values prepared by a State - licensed appraiser, and the offer was accepted by the respective tenant - seller. The purchase price for the acquisition listed above is shown in the corresponding agreement (Exhibit 2). 25E -1 Purchase Agreement for Bristol Street Improvement Phase 3A September 20, 2016 Page 2 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 $10,216 are available in the Bristol Street Improvements Project (No. 136792) for expenditure in FY 2016/2017 in the Select Street Construction Fund (Account No. 05917661 - 66100), subject to nonsubstantive changes. Fred Mousavipour Executive Director Public Works Agency FM/WG /JG /KN /ML Exhibits: 1. Location Map 2. Agreement APPROVED AS TO FUNDS & ACCOUNTS: 'k S, Sa c .0 Francisco Gutierrez Executive Director Finance & Management Services Agency 25E -2 N (NITS) MATCHLINE SEE BELOW RIGHT 10TH STREET 9TH STREET 405- 262-22 1 F W " � E y J !r s m a ro z CIVIC CENTER DR. LEGEND: -s IECr FPOPE! =TIES c >COiIIH[� PF- ffi!i?ii65 ----i L-h WASHINGTON AVENUE EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA I11 �� i' I �SANTA ANA PURCHASE AGREEMENT WITH TENANT - SELLER � '� AGENDA DATE: FOR BRISTOL STREET IMPROVEMENTS F■ ■ SEPT. 2p 2016 PHASE 3A (PROJECT NO. 136792 �KIC MAKS AUU�yy NONGENERAL FUND) [Strategic Plan No. 6, 1, G; and 3, 2, C] PAGE 1 OF 1 25E -3 25E -4 SELL AND SALVAGE Project: Bristol Street Improvement Project — Phase 3A APN: 405- 274.10 Tenant - Seller; Aleiandra Gonzalez dba La Modela AGREEMENT FOR ACQUISITION OF TENANT - SELLER'S INTEREST IN REAL PROPERTY THIS AGREEMENT ( "Agreement ") is entered into as of this Z—�7 clay of 2016, by and between THE CITY OF SANTA ANA, a charter city and municipal o� orp n duly organized under the Constitution and laws of the State of California ( "Buyer "), and ALEJ°ANDRA GONZALEZ D'BA LA MODELS ("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 "Irnprovernnerrts ") located in, on, or affixed in any manner to the premises lenown and numbered as 1 I i I N Bristol Street, Suite # B, 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) ally tenancy interest of Tenant- Seller ( "'Tenancy Interest ") in and to the Premises and the Property. The Improvements to be conveyed by Tenant- Seller are a part of the Promises, and specifically include, without 'limitation, the items described in the list of Improvements Pertaining to the Realty attached hereto as Exhibit B, The Conveyed Improvements and the Retained Improvements are collectively referred to as the "Innprovennents ". 2. PURCHASE PRICE. The total purchase price, payable in cash through this Agreement, shall be the stun of: TEN THOUSAND TWO HUNDRED SIXTEEN AND NO /100 DOLLARS ($10,216.00) ( "Purchase Price ") which is computed as follows: Value of Conveyed Improvements as shown on Exhibit B $10,280.00 Less the Salvage Value thereof $64,00 TOTAL AMOUNT PAYABLE THROUGH THIS AGREEMENT $10,216,00 Exhibit 2 25E -5 3. CONVEYANCE OF IN'fJIRNS'1' IN REAL PROPERTY, Tenant- Scllcr agrees to execute it Quitclaim Deed in tine same form as that attaohe(l hereto as Exhibit D in favor of Buyer ( "Qultelnittt Deed "), relinquishing, releasing, and forever quitclaiming to Buyer all right title and hrtores(In and to the `rouancy Interest, 1. 4, 'Tenant- Seller will vacate tic properly by = L c..r _ , 2016. 5, CONVEYANCE OF INTFREST IN IMPROVEMENTS, The Quitclaim Deed will also convey from Tenant- Seller to Buyer all of Tenant- Seller's interest is and to the Improvements, which conveyance shall be free and clear of all recorded and unreoorded 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- Soller's vaoatiou of the Premisos and proof of clear titlo to all said Improvements having been obtained slid received by Buyer in accordance with Paragraphs 8 Intl 9 of this Agreement, G. RECORDING, Recordation of any doctuments delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein, 7, CERTIFICATION OP OWNERSI-IIL', Tonamt- Seller hereby warrants slit( certifies under penalty of porj ury that Tenant- Seller is the owner of the Improvements and that no documeat has boon signeel by or oil behalf of Tcnaut- Sollor for the purpose of creating ally lieu, encumbrance, or security interest la ally of file Improvements, and that the Tenant- Seller does not know of any claim of lien, encumbrance, or other security Interest therein, EXCEPT: (it) Trust Deeds on the Property, duly recorded; and (b) real and personal properly taxes, 8, PERMISSION TO ENTER PREMISES, Tenant - Seller hereby grants Buyer or its nullrorized tigow's pormissioc to cator rgrmn the Premises at all reasonable times prior to Closing of this transaction for the purpose of making rrecessaty inspections, 9, BULK SALE, In outer to establish proof of clear title to the hmprovenreats, Bayer may publish a Notice to Creditors pursuant to the Bulk Sales Law of the State of California and obtain a title report amt /or a report from the Secretary of State's Office as to filings of security interests cowling tile Improvements. 10. CONFLICTINQ INTERESTS. hl the event any conflicting claim of title or ally security interest or Ron of ally kind is discovered or asserted as to any of the Luprovenrents, Buyer shall, upon recelving notice or ktrowledge thereof, willlhol(l all amount otherwise payable to Tenant - Seller as is reasonably necessary, ht tho sole opinion of Buyer, to protect Buyer against such claim of Interest or lien, The withholding of such finds shall not preveul Closing of this transaction if lire total fluids to be withhcld from Tenant- Seller tlo not exceed the net amount to be paid to Tcnaut- Seller through this transaction, Buyer will not pay out the withheld funds or disburse any withhold funds to any claimant or other party (except upon court order or levy) without the written consent of Tenant- Seller. A geacrai creditor's claim shall not be deemed to be it claim against an), specific item of Improvements and Tonanl- Seller heroby ngreos to accept all responsibility therefore. Unless otherwise provided, it shall be presumed that Tenant - Seller is entitled to payment under 25E -6 this tranS..agion for the Igrovernen'ts. 'It shall be presumed that the Property owner is the owner of all lunprovemonts, fixtures and equipment associated with the Promises other than the Improvements 11, DISMISSAL OF EMINENT DOMAIN ACTION, If Buyer has previously filet{ Ali notion to om'demn the Tenancy Interest and /or Tenant - Seller's interest in the hnpfovements, Tcrant•Seller hereby consents to the dismissal of such action and waives any olahns for compensation, costs, attorney's fees slid deposits In said action, of any claim whatsoever which might arise out of the filing of such action, whether of fiat such claim is specifically identified herelm 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 PURC14AS13 PRICE ADJUSTMENTS, Reeordi"g of tite Quitclaim Deed by Buyer will constitute "Closing" of this transaction At Closing, Buyer will pay the Purchase Price to Tenant - Seiler, snbjcot to tite following adjustments: A. Pay and charge Tenant - Soller for any and all current and /or delinquent taxes and any penalties and Interest thereon, and for any delinquent or non- delliaquont assessments or bonds against the Improvements and the Tenancy Hnterest. 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 fiends when conditions of this Agreement have been satisfied by Buyer and Tenant - Seller. 13. FULL AN COMPI FTE SETTLEMENT, Tenant- Sellor hereby acknowledges that the compensation paid to Tenant- Soller through this Agreement constitutes the full sand 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 eat inverse condemnation and for pmeondellination damages, and any and all other claims that Tenant - Seller may have, whether or not specifically montiom(l here, relating directly or indirectly to tite acquisition by Buyer of the Property, the Improvements and the Tenancy Interest (but excluding relocation bonefits to which Tonant- Seller may be entitled and tine loss of btashrass goodwill, if any). Tonant- Sellor hereby disoloiams any right, title or interest in or to the Premises. Tenant- Setter and Buyer and each and all of their agents, representativos, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively "Releasees "), hereby release the other party, and its Releasees, and each of tile"' fl-0111 any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation ttaase relating to just compensation or damages which any of them now have, or {night hereafter have by reason of any smatter or thing arising out of or in any way related to any condemnation action affecting tine Property, the Improvements sad the Tenancy Intarost, Additionally, Tenant- SolLer hereby oxpr'ossly and unconditionally waives any claims (known or unknown) including loss of goodwill, severance damages, statutory interest, claims for inverse condemnation or unroosonable pre- conclenmatioa 25E -7 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: "A general release does riot 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 tinder 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 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. 25-8 20, WA I AN'AES, PRESENTATIONS AND COVBbjANTS SELLER. Tenant- Seller hereby warrants, represents, and /or covenants to Buyer A. To tre best of Tenant- Sollor''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 goverunental agency. B. Until the Closing, Tenant•Soller, shall maintain the Improvements and the Promises in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affcoting the Improvements and the Promises, C, Until the Closing, Tenant - Seller shall not do anything which would impair Tenant - Seller's title to the Premises, the Improvenents 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 Tonant•Sellet's knowledge, neither tite execution of this Agreement not the performance of the obligations herein will conflict with, or violate ally of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or insiromoot to which Tenant- Seller, the Premises, the lulprovements or the Tenancy Interest may be subject. P, Until the Closing, Tonant-Sollor shall, upon learning of any fact or condition which would cause art} of the watrantlos 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 - Sellor nor, to the best of Tenant - Soller's knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has used, generated, released, disoharged, stored, or disposed of any hazardous waste, toxic substanoes, 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 Promises, Tenant Seller shall not cause or permit fire presence, asp, generation, releaso, discharge, storage, or disposal of any Hazardous Materials on, trader, in, or about, or the transportation of any Hazardous Materials to or from the Premises, Tile terns "Hazardous Materials" shad moan any substance, material, or waste which is or becomes regulated by arty local governmental authority, the State of California, or the united States Government, including, but not limited to, ally tnatorial or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted Imordous waste" under §25115, §25117 or §25122,7, or listed pursuant to §25140 of tine California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) deflned as "hazardous substance" under §25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley - Tattier 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 (Flazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under 25E -9 i §25231 of the California IIoalth and Safety Code, Division 20, Chapter 63 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vil) polychlorunated byphenyls, (viii) listed under Article 9 or defined as ,iaazardone or "extromely 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 Sootion 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 of seq. (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of tile Comprehensive Environmental Response, Compensation, and Liability Act, 42. U.S.C. 56901, et sect, (42 U,S,C, 56901). 22, C(�ivuuh[CB WITH ENVIRONMBNTAL LAM, To the best of Tenant - Seller's knowledge, tine Premises and its use complies with all applicable laws and governmental regulations including, without limitation, nit applicable federal, state and local laws pertaining to air and water quality, hazardous waste, waste disposal and other environmental matters, jaehuiing, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, .Resource Conservation Recovery and Comprehensive EnvitroannentaI Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations and ordinances of tine 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 Enviroatmental Protection Agency and all applicable federal, state nil([ local agencies and bureaus. 23, INDEMNITY. Tenant - Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, snit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (Including, without limitation, attorneys' fees), resetting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storago, or disposal of any Hazardous Material on, under, in, or about, or the transportation of any such materials to or from, the Promises, or (it) tine violation, or alleged violation, of any statute, ordinance, order, role, 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 ludoninity shall Include, without limitation, any damage, liability, fide, penalty, punitive damage, cost, or expense arising from or out of ally claim, action, suit or proceeding for personal injury (including sickness, disease or death, tangible or Intangible property damage, damage to the natural resource or tine enviroaiment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on tine enviroamnent, ']'his indenuthy extends only to acts or emissions of Tenant�Saller herein, 24. ATTORNEYS' PEES, if legal aotion is required in order to construe or enforce any provision of this Agreement, the party prevailing in such a -tioan shall be entitled, in addition to such other relief as may be granted, to a reasonable still, as its attorneys' fees and costs. 25, COUNTFRPART,s, This Agreement may be executed in counterparts and when so executed by both patties, each counterpart will constitute an original document, 26, BINDING ErRECT. The terms, conditions, ooveoants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. 25E -10 ; 27. - ENTITLE AGREEMENT. This Agreement contains the entire agreement hatween both parties; neither panty relies upon any warranty or represcntatlon not contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and j year set Porch hereinabove. ItEMAINDRR OF .PAGE INTENTIONALLY LL FT BLANK, SIGNATURE PAGE FOLLOWS, 25E -11 Mailing Address of Tenant- Seller 2217 N. Spruce Santa Ana, California 92706 Mailing Address of Buyer 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Tenant - Seller Ale.jandra Gonzalez dba La Modele B Its: Date: Buyer THE CITY OF SANTA ANA David Cavazos City Manager Attest: By: Maria D. Huizar City Clerk. Date: Approved as to Form: By: _ se Sandoval Cl 'ef Assistant City Attorney Recommended for Approval: By: Fred Mousavipour Executive Director - Public Works Agency 25E!1 2 EX II434T A LEGAL DESCRIPTION OF PROPERTY All that certain real property situated In the County of Orange, Mate of Callfomla, 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 Book 237 Pages 48, 49 and 50 of Parcel Maps, records of Orange County, California. Assessor's Parcel Number: 405 - 274 -10 25E -13 EXHIBIT B IMPROVEMENTS PEI ERTAINING TO THE REALTY q G q I T DESCRIPTION: 0 U FMV IN OLV N Y TENANTIMPROVJIMENTS N A qt PLACE B 0 L 1 1 81ONAGE EXTERIOR A A $ 2,316 2 (6) LETTERS, INDIVIDUAL, 14" OFIANNEL, ILLUM, A 3608 PLASTIC FACE 15 1 SURVEILLANCE SYSTEM A A 860 50 10 (7) CAMERAS 17 (1) RECORDER 18 (1) MONITOR, HP 17" 26 1 MUSIC SYSTEM 00 (2) SPEAKERS, 8 ", FLUSH CEILING A A 100 10 29 30 31 TOTAL TENANT IMPROVEMENTS $ 10,280 $ 32 33 34 35 NO FEE OWNED IMPROVEMENTS OBSERVED 0 0 0 25E -14 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 § 11822 QUITCLAIM DEED County Assessor's Parcel Number: 405 - 274 -10 (1111 N. Bristol, Suite B, Santa Ana, CA) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ALEJANDRA GONZALEZ DBA LA MODELS 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 W;.�� �E�REOF, the grantor hereto has caused this Quitclaim Deed to be executed as of thisday of� —, 2016. i J By: Gtr _ r_ ' 1Zcr ai.° Date: 25E -15 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 Orange On August 16, 2016 before me, M. Husain, Notary Public (insert name and title of the officer) personally appeared Alelandra Gonzalez 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 tIUSP,IN WITNESS my hand and official seal. C�Mm.R 2075t99 �p �: NCiA %V ANOR COUNTY V� Mr CUIaN, f p. AM 18, 2018 Signature U (Seal) 25E -16 EXHIBIT "I" 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 Book 237 Paa_ e� 4848, 49 and 50 of Parcel Maps, records of orange County, California. Assessor's Parcel Number: 405 - 274 -10 25E -17 ,I RXHIBIT "2" DESC'RJPTION OF CONVEYED NPROVENIBNTS Q T DESCRIPTION, Y TENANT IMFROVEMENTS C 0 N D Q U A L FMV IN PLACE i 1 SIGNAGE EXTERIOR A A $ 21318 (8) LETTERS, INDIVIDUAL, 14- CHANNEL, ILLUM, A 3808 i PLASTIC FACE (2) MONUMENT SIGN, 1'X4' PLASTIC WANINYL DECAL 3809 LETTER1N3a i (4D)SF OF W INDOW GRAPHICS, VINYL, SEE THROUGH 1 LOT CIO INTERIOR CONSTRUCTION 2,205 (320)SF INTERIOR WALL, WOOL), DEL DRYWALL G A 3817 SURFACE, NO ELECT j (32)SF BUILT IN DISPLAY CUBBY $813 1 LOT CI0 LIGHTING C A 3521 i,610 (4) SINGLE MOUNT TRAOT LIGHT$, 3 BULB (2) RECESSED LIGHTS, 4'" I (7) HALOGEN LIGHTS, 3" i 1 SURVEILLANOE SYSTEM A A 880 I (7)CAMERAS ' (1)RECC�RpER (1)11VONITOR, HP 17- 1 1 1 LOT 010 (3) 10"X10" WHITE PAINTED SHELVING 3623 (48)SF SOT BOARD, MELLAMINE (8) SHELF. WHITE ENAMEL, 4'LX10 "DP (8)LF SHELF, WOOD WIDOWEL t 1 (171)SF WINCOW SECURITY GUARD, FOLDING, A A 3624 3,140 INCLUDING DOOR 1 MUSIC SYSTEM CO (2) SPEAKERS, fill, FLUSH CEILING A A 180 I TOTAL TENANT IMPROVEMENTS $ '10,260 25E -18