HomeMy WebLinkAboutNUNEZ, BOLIVAR - 2016AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter « PSA»\.entonediDtVuD 2816'
h8tWxeeD the CITY OF SANTA ANA, @ charter city and municipal C�orpbrar�bn duly organized under the
Constitution and l8N/o of the State Of California (hereinafter "City" or 'BUy8r'). and Bolivar Nunez, or
sUc0es8Vrt[Vstee(S). as trustee of the BVlV8| Nunez Living Trust Dated October 7, 7005 (h8oSiDaft8[
"SeUer"), regardless of number 8rgender;
WHEREAS, Seller C8DlnoisSiOOed an appraisal of Said Real Property (6S defined helum) dated
December 5.2015. Seller obtained the appraisal in a good faith effort to obtain the fair market value
uf Said Real Property (not including any goodwill) and tUpay Seller just compensation within the
[D8nOing of the just compensation clause VfArticle 1. Section 19 of the California Constitution, The
valuation dV8S not include any i0C[eaS8 or deC[e8S8 in fair market value caused by the public
improvement for which the property i8t0be acquired. The December 6/2015appraisal provides that
the fair market value Of Said Real Property iS$704'770.
THEREFORE, for and in consideration of their mutual promises, c0Ve88DtS and agreements, and
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subject tO the terms, conditions and provisions Vf this PS/\' Seller agrees tU sell tO City, and City agrees
to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described as
SEE EXHUBITuA'' — Legal Description
ATTACHED HERETO AND BY THIS REFERENCE MADE /\ PART HEREOF
(Commonly known 882101 S. Bristol Street, Santa Ana, CA 02704\
//\PNO15'l04-17\
Said purchase and sale of Said Rea( Property shall he 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 tu convey said real property {o City, bv Grant Deed, etthe
office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within
sixty (8O) days from and after the date Vn which the City has approved this Agreement.
2. Title to be Conveyed, Seller agrees that, except GS may hereinafter be otherwise expressly
pPJYided/ said real property shall h8 conveyed by Seller tO City, as aforesaid, free and clear Of any and all
oVndiU0Ds. [eStriCtinVs, ren9rVaUDDs/ exceptions, easements, 8Sa8eamonta' profits, limitations,
eDCurDhroDoao (whether monetary ornoO-olODEd@n/. general or specific, including any and all leasehold
iDtePests). liens, clouds ur defects intitle except those exceptions shown iD Paragraph 15 below. Seller
hereby warrants that the title tn said real property tUheconveyed by Seller t0City shall be free and clear
aS provided above. Seller further agrees that acceptance by City of any deed to said real property, with or
without knowledge Of any condition, restriction, reservation, 8Xc9ptiVD, oasernerd, assessment, profit.
limitation, encumbrance (whether monetary or non-monetary, general or specific, and including any and
all leasehold interests), lien, Cloud or defect in title, shall not constitute a waiver by City of its right to the
full and clear title her8inubov8 agreed to be conveyed by Seller t0 City' nor 8fany right which might
accrue to City because of the failure of Seller to convey title as hereinabove provided.
3^ Title Insurance. Seller agrees to deliver to Cib/, ooO8UrPerd|y with the ooDwoy8UQ8 of said real
property to City, within the time and at the place hereinabove specified for said conveyance of said real
property, 8 policy of title iOnU[8Une to he issued by the above rDeDfiuVeU title company, with the City
therein named as the innUred, in the amVuntofSix Hundred Forty-one Thousand, Seven Hundred
Thirty and no/10U Dollars /$641,730.VO\insuring the title of the City tn said real property iS free and
clear Ofany and all unnditioky, r8St/iCti0nn, r000n/ationn, exceptions, ooaomnnto, aoawu8D\ento, pnufitu,
liU8itoti08S, encumbrances (whether nA0Ued3rV or AV8-U1oDet8[y' general or specific, and including any
41;1111
and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may
hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance,
whether such insurance complies with the requirements of this paragraph or not, shall not constitute a
waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any
rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller
to convey title or to provide title insurance as required in this Agreement.
4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company,
2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the
date on which the City has approved this Agreement. This Agreement constitutes the joint escrow
instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the
Escrow Agent upon the opening of the escrow. Escrow to close within forty -five (45) days of the City's
execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to
close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be
resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and
return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties
under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as
soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close
of Escrow.
The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance
of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and
incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days
after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder.
City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer
taxes, recording fees, cost of title insurance, re- conveyance fees, document preparation fees, escrow
fees and any other closing costs incidental to the conveying of said real property to City. Penalties for
prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived
pursuant to Civil Code Procedures Section 1265.240.
The liability to the Escrow Agent under this Agreement is limited to performance of the obligations
imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this
Agreement.
5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within
which said real property is conveyed to City as are unpaid at the time of said conveyance shall be
cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of
the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and
Taxation Code of the State of California for that portion of property taxes on said real property for said
fiscal year which have been paid prior to the date the deed conveying said real property to City is
recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying
said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the
Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or
assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due
thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in
obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that
refund, if any, through or outside of Escrow.
All unpaid taxes on said real property for any and all years prior to the fiscal year within which said
conveyance is made shall be paid by Seller before conveyance of said real property to City.
6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City,
as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to
the realty), and severance damages, the total sum of Seven Hundred Forty Thousand and no /100
Dollars ($740,000.00) as shown in Exhibit "C ". City agrees to deposit said purchase price in escrow
with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved
this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after:
(a) Conveyance of said real property by Seller to City as hereinabove provided;
(b) Acceptance by City of a Grant Deed conveying said real property to City;
(c) Delivery to City of the policy of title insurance as hereinabove provided;
(d) Recordation of the Deed conveying said real property to City.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property
to City is recorded, quiet and peaceful possession of said real property, which shall be made free by
Seller of all personal property.
8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct
statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within
twenty (20) days hereof with copies of any written leases or rental agreements attached. All rents will be
prorated as of the close of escrow on the basis of a 30 -day month /365 -day year consistent with that
statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which
are vacant as of the date that this agreement is executed by seller, or which may be vacated by present
occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by
keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits
pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow
shall be transferred to and become the property of City during escrow.
Seller hereby warrants that the rental statement referred to shall include the terms of all rental
agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to
hold City harmless from all liability from any such leases or agreements. Seller also warrants that there
are no oral or written leases on all or any portion of the subject property exceeding a period of one
month.
9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on
the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of
said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained
herein.
10. Heirs, Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and conditions
hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the
respective Parties hereto.
11. Time is of the Essence. In all matters and things hereunder to be done and in all payments
hereunder to be made, time is and shall be of the essence.
12. Just Compensation. Buyer warrants and represents that the appraisal conducted by Buyer and
dated December 5, 2015 constitutes a good faith appraisal of said real property and that the value in
same constitutes fair market value (not including any goodwill) for Said Real Property.Seller
acknowledges and agrees that said purchase price constitutes just compensation at fair market value for
said real property, within the meaning of the just compensation clause of Article 1, Section 19 of the
California Constitution, and includes the value of fixtures & equipment (improvements pertaining to the
realty), and severance damages but does not include any goodwill or lost profits . Seller and Buyer both
acknowledge that the purchase price referenced in Paragraph 6 does not include any amount for any loss of
business goodwill or lost profits, and that any claims for loss of business goodwill or lost profits resulting from
the relocation are explicitly retained by Seller. Further, the purchase price referenced in Paragraph 6 does
not include any amount for relocation or relocation costs, as such rights and obligations are subject to a
separate and independent agreement.
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13. Acknowledgment of Full Benefits and Release.
A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators,
successors and assigns, hereby acknowledges that this Agreement provides full payment for the
acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any
claims regarding just, compensation for injury to the remainder ( "severance damages ");
precondemnation damages; claims for inverse condemnation; loss or impairment of any "bonus
value" attributable to any lease; damage to or loss of improvements pertaining to the realty;
damage to or loss of machinery, fixtures, inventory, equipment and /or personal property; any right
to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of
the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil
Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil
Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant
to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred
upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and
1263.025; and attorney's fees and costs. It being understood that this is a complete and full
settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating
to or in connection with the acquisition of the Property by Buyer. This release shall not apply to
any claims for loss of business goodwill as a result of relocation, as such claims are retained by
Seller pursuant to Paragraph 12 above, or any claims arising after the date of execution of this
Agreement. Further, this release shall not affect any rights or obligations pertaining to relocation
or relocation costs, as such rights and obligations are subject to a separate and independent
agreement, as explained in Paragraph 12 above. This release shall survive the Close of Escrow.
This Agreement arose out of Buyer's efforts to acquire the Property through its municipal
authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and
assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys),
and assigns, and all other persons and associations, known or unknown, from all claims and
causes of action by reason of any damage which has been sustained by Seller, or may be
sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works
of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not
be construed to, require Seller to indemnify Buyer for damages which may arise as a result of
Buyer's efforts to construct improvements on the Property.
14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box
1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the
Seller is P.O. Box 28553, Santa Ana, CA 92799.
15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of
their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were
raised or could have been raised in connection with the acquisition of Said Real Property by City.
17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner,
tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of
any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or
about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not
cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous
Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from,
the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or
becomes regulated by any local governmental authority, the State of California, or the United States
Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous
waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or
25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20,
Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316
0-
of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous
Substance Account AcU/iii)d��D���S8/'hoz@njouunnet��8�'/'�G�8r�0unwubu�anoB/'Vr''hGz8rdouy
Act), (iii) . .
waste" under Section 255O1Of the California Health and Safety Code, Division 20. Chapter 8,05
(Hazardous Materials Release Response Plans and Inventory), (iv) defined aG8 "hazardous substance"
under Section 25281 of the California Health and Safety Code, Division 20. Chapter 6.7 (Underground
Storage Of Hazardous SUbst8Dc8S)/(V) petroleum, (vi) asbestos, /Vii\ polychlorinated hiphe8y|S//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 8s8"hazardous
eUhS<@Ores« pUc6U8nt to Section 311 Of the Clean Water /\(t. (33 U.S.C. S1317), hA defined as 8
"hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42U.S.C.
S8901 8<sel. /42U.S.C.S6O03\8[h(i\ defined 8S6 "hazardous substances" pursuant tu Section 101 of
the C0Dlp���8DGiVe EUVirO8nAeDtGl R98pDDoo. Cunlp8no8tiOD, as amended by Liability Act, 47. [}.&C.
S9601 8t sea. /42U,S.C.S9601\,
18. Compliance With Environmental Laws. To the best Of Sellers knowledge the Property
complies with all applicable laws and governmental regulations including, without limitation, all applicable
federal, state, and local laws pertaining tO air and water quality, hazardous waste, waste disposal, and
other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water
Pollution CODfro|' Solid Waste Disposal, Resource Conservation Recovery and Comprehensive
FnVir0D08Rial Response Cnmp8OSnti0R 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 ofHealth Services, the Regional Water Quality Control Board, the State Water
Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and
local agencies and bureaus.
19. Indemnity, Seller agrees to indemnify, defend and hold the City harmless from and against
any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive daDlage.
O| expense (inu|udiOg.without limitation, attorneys' fees), resulting from, arising out of, or based upon
(i) the pF88eDoe. rele8Se. USe/ g8DVrRtiOO, discharge' storage, or disposal of any Hazardous Material on'
UOde[, in or abuUt, or the transportation of any such materials t0 Or from, the Property, or (ii) the
violation, Or alleged violation, Vf any statute, ordinance, order, rule, regulation, permit, judgment, ur
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, peA8|ty, punitive damage, 000t. Or expense arising from ur out nf any claim,
action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or
intangible property domage. compensation for lost wages, bUGiD8sG income, profits or other economic
|888/ damage to the natural resource or the environment, nuisance, pollution, COOt8DliD8Unn. leak,
spill, release, or other adverse effect on the environment). This indemnity extends only to liability created
prior t0orupto the date this escrow shall close. Seller shall not h8 responsible for acts 0| omissions to
act post close 8f this escrow.
30, Contingency. Itio understood and agreed between the parties hereto that the completion 8fthis
tr8nS8Cti0U, and the escrow created he[ebV, i6 contingent upon the specific acceptance and approval of
the City herein. The execution Ofthese documents and the delivery O[ same to Escrow Agent constitute
said acceptance and approval.
21. Modification and Amendment. This PSA may not be modified or amended except in writing
signed by the Seller and City.
22. Partial Invalidity, Any provision rfthis PS/\ that iu unenforceable o| invalid nr 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 PS/\ shall remain in full force,
23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience
only and are not to be considered in construing this PSA.
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24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of
the State of California.
25. No Reliance By One Party On The Other. Each party has received independent legal advice from
its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof.
The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based
upon any attribution to such party as the source of the language in question.
26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other
person or entity has or shall acquire any rights hereunder.
27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other,
execute and deliver such further documents (in form and substance reasonably acceptable to the party to be
charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the
terms and conditions of this PSA, without cost.
28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the
benefit of the successors and assigns of the Parties to this PSA.
29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature
herein below has the power, authority and right to bind their respective parties to each of the terms of this
PSA, and each party agrees to indemnify each other fully, including reasonable costs and attorney's fees, for
any injuries or damages to the other party in the event that such authority or power is not, in fact, held by the
signatory or is withdrawn.
30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated
as if fully set forth in the body of this PSA.
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written
above.
SELLER: Bolivar Nunez, or successor trustee(s), as trustee of the Bolivar Nunez Living Trust Dated
October 7, 2005
Date: 2016
Boli pNunez or su ssor trustee(s),
as trustee of the Bolivar Nunez Living Trust
Dated October 7, 2005
City /Buyer
City of Santa Ana
David Cavazos
City Manager
Date: 2016
Attest:
LIA ely,-4 v>
Maria . Huizar
City Clerk
Approved as to Form:
Sandoval
ief Assistant City Attorney
Date: 21, 2016
Date: JG AJF— 2 'W, 2016
C M I JDFOAAPPR
A.
Fr u tip ur
Execu ite !rector ((( 111
Public orks Akencv
EXHIBIT "A"
LEGAL DESRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
LOT(S) 200 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 39
PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
APN: 015- 194 -17
EXHIBIT "B" (First American)
GENERAL ESCROW PROVISIONS
All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited
in one or more of your general escrow accounts with any bank doing business in the State of California
and may be transferred to any other general escrow account or accounts. The expression "close of
escrow" means the date on which instruments referred to herein are filed for record. All adjustments are
to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this
escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby
authorized.
There shall be no proration of any existing insurance policies in this escrow.
You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other
documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the
attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys.
Should you before or after close of escrow receive or become aware of any conflicting demands or claims
with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited
herein affected hereby, you shall have the right to discontinue any or all further acts on your part until
such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend
any action or proceedings for the determination of such conflict. The parties hereto jointly and severally
agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered
or incurred by you in connection with, or arising out of this escrow, including, but without limiting the
generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in
interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you
in this escrow.
If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable
monthly charge as custodian thereof of not less than $10.00 per month.
Time is declared to be the essence of these instructions. If you are unable to comply within the time
specified herein and such additional time as is required to make an examination of the official records,
you will return all documents, money or property to the party entitled thereto upon satisfactory written
demand and authorization. Any amendment of and /or supplement to any instructions must be in writing.
The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms
hereof.
These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each
of which independently shall have the same effect as if it were the original, and all of which taken
together shall constitute one and the same instruction.
EXHIBIT "C"
Fair Market Value of the Subject Property
Land and structures $641,730.00
(as per attached appraisal summary statement)
' Fixtures and Equipment pertaining to realty
(as per attached inventory) $ 98,270.00
2. Total just compensation $740,000.00
'- The City has not made a determination as to the ownership of the Fixtures and Equipment (F &E).
Landlord and tenant will need to come to an agreement as to the ownership of these items, before
compensation can be withdrawn from Escrow. Please see the attached Full Acquisition Offset Statement
as to how the F &E compensation is to be distributed. In the event that Landlord and Tenant are not able
to agree as to the division of F &E compensation, Escrow is instructed to withhold these funds from
payment to Landlord ( "Seller ") until said agreement has been deposited with escrow, or otherwise hold
said funds on deposit.
2. The total just compensation offered assumes that the property is free of any environmental
contaminates or other conditions which may impact fair market value.
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the Grant Deed
dated June 21, 2016, from Bolivar Nunez, or successor trustee(s), as trustee of the
Bolivar Nunez Living Trust Dated October 7, 2005, 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, is hereby accepted by the undersigned officer or
agent on behalf of the City Council pursuant to authority conferred by Ordinance
No. NS -2352 and Section No. 33 -55 of the Santa Ana Municipal Code adopted by
the City Council on June 1, 1998, in compliance with California Government Code
Section 27281 and the grantee consents to recordation thereof by its duly authorized
officer.
For the City of Santa Ana:
City Manager
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who sig7the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California `
County of ()
On��,�6 \S �� '�I)I, before me,
os Ii, "� ✓L� i ^ {'• ('
Date Here Insert Name and Title of the Officer
personally appeared �CG 1 Ck Cytiw`GiZ( 5
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(4 whose name(e)' is/are
subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in
his/her/thteiwauthorized capacity(iesj, and that by his /her/their signatures} on the instrument the person(sj,
or the entity upon behalf of which the person(sracted, executed the instrument.
ROSA A.FLORES
commission # 2057129
i "�' Notary public - California n
z' "� -" Orange County
M Comm. Expires Feb 7. 2018 f
Place Notary Sea( Above
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 ( �y
Signature of Notary Public
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:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
_ ICWXXIC11 CZ;`e4e?�*= c¢,.e�, TZ'c�:` •e?;'F.rJk'T =c.? .�E.w�c..Fez:`�U 4`�f;' .' ;sec+e ms _-f csc;�e7wc6?�c:? :¢ c>e�oe
02014 National Notary Association • www.Nationa[Notary.org - 1- 800 -US NOTARY (1- 800- 876 -6827) Item #5907
When recorded, please mail this
instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M -30
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
APPROVED AS TO
APPROVED BY
DESCRIPTION
DESCRIPTION
A. P.
R/W MAP
PROJECT
TAXES
FORM BY ATTY,
DJRECTOR
WRITTENEY
CFTECKED -O.K,
MIMBER 015 -194 -17
M ER
NNIEER
X
2101 S. Bristol Street, Santa Ana, CA 92704
I('S
DEED WMEER
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Bolivar Nunez, or successor trustee(s), as trustee of the Bolivar Nunez Living Trust Dated October 7, 2005
Does hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized
under the Constitution and laws of the State of California, for public roadway purposes, all that real
property in the City of Santa Ana, Orange County, State of California, located at 2101 S. Bristol Street,
Santa Ana, CA 92704, described as follows:
SEE EXHIBITS "A" AND "Al" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated :
By:�
B var Nunez, or uccessor trustee(s),
as-trustee-of-tht 'Bolivar Nunez Living Trust
Dated October 7. 2005
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 doctmient.
State of California
County of _l� rG t, )
On LPi��� ��(v before me, �(�{�i�,l 1Y1e �,Q��1 I n �iCtyG PAIIL�
(Insert name and title of the officer)
personally appeared IRO k o y -
Narne of Signer (1)
Name of Signer (2)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Warp
subscribed to the within instrument and acknowledged to me that he/she /th?ey executed the same in
his /hsr /their authorized capacity(ies), and that by his/her /t1+e4r 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.
"_
KATHERINE CABANILLA
1.. COMM. #2097665
qj NoWry PubYc - CalHomle
LOS ANGELES COUNTY A
Cann.
Fob. 17, 2019
(Seal)
Signature of Notary Public
EXHIBIT "A"
LEGAL DESRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
LOT(S) 200 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 39
PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
APN: 015 - 194 -17
EXHIBIT "A1"
First American Title EXHIBIT'Al'
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First American Title
I
FirstAmerican Title
Page J of 13
S
.P
CERTIFICATE OF ACCEPTANCE
pP` (' ICL4c�
This is to certify that the interest in the real property conveyed by the G�arZt Deed
dated June 21, 2016, from Bolivar Nunez, or successor trustee(s), as trustee of the
Bolivar Nunez Living Trust dated October 7, 2006, 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, is hereby accepted by the undersigned officer or
agent on behalf of the City Council pursuant to authority conferred by Ordinance
No. NS -2352 and Section No. 33 -55 of the Santa Ana Municipal Code adopted by
the City Council on June 1, 1998, in compliance with California Government Code
Section 27281 and the grantee consents to recordation thereof by its duly authorized
officer.
Dated
For the City of Santa Ana:
ZALIFORNIA ALL-PURPOSE . yFfi § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signe7the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of 0
On before me, f ,�r� Ii, �b ✓1S, PaO�i r j t�,(�LaG
Date Here Insert Name and Title of the Officer
personally appeared ��� Ur1 G� (Vrt2CiS
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons) whose name(By is /are
subscribed to the within instrument and acknowledged to me that he/she /they executed the same in
his /herftheir authorized capacity(ies)', and that by his /her/their signature(s)-on the instrument the person,(SI,
or the entity upon behalf of which the person(sracted, executed the instrument.
ROSA A.FLORES
' Commission # 2057129
Notary Public - California x
z ' Orange County n
My Comm. Expires Feb 7, 2018
Place Notary Seal Above
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
Signature of Notary Public
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:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org > 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907
When recorded, please mail this
instrument and tax statements to:
Cleric of the Council
City of Santa Ana
20 Civic Center Plaza, M -30
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
APPROVED AS TO
APPROVED BY
DESCRIPTION
DESCRIPTION
A. P.
R/W MAP
PROJECT
TAXES
FORM BY ATTY.
DIRECTOR
WRITTENBY
Cn-CKED -O. K.
NDN ®ER 015- 194 -17
NUVBER
NU Erk
X
2101 S. Bristol Street, Santa Ana, CA 92704
C
O `�
DEED NUMBER
QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Bolivar Nunez, or successor trustee(s), as trustee of the Bolivar Nunez Living Trust Dated October 7, 2005
Does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the CITY OF SANTA ANA, a charter
City and municipal corporation duly organized under the Constitution and laws of the State of California,
all right title and interest in improvements pertaining to the realty listed on Exhibit "A2" hereto, said
improvements being located on the real property situated in the City of Santa Ana, Orange County, State
of California, described in the Exhibit "A" hereto. This is a quitclaim of the listed improvements pertaining
to realty only.
SEE EXHIBIT "A ", REAL PROPERTY LEGAL DESCRIPTION and
EXHIBIT "A2 ", IMPROVEMENTS PERTAINING TO THE REALTY,
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated : (-,-z !-1
Bolivar Nune or successor trustee(s),
as rus ee of the Bolivar Nunez Living Trust
Dated October 7, 2005
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
Courny of
On Qnl�'-t 1L,1 beforeme,
('Insert name and title of the officer)
personally appeared & I I V G (C' �A u n 7
Name of Signer (1)
Name of Signer (2)
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 aclmowledged 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 of Notary Public
a v ,m y KATH ER INE . C
AEAILL
/
COMM. 02097665
Nomry Pubk - CalNmla
LOGELES COUNTY
A
Comm. E . Feb. 17, 2019
(Seal)
r��rwvv
REAL PROPERTY LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
LOT(S) 200 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 39
PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY,
APN: 015- 194 -17
EXI- IIBIT'A2'
IMPROVEMENTS PERTAINING TO THE REALTY
CITY OF SANTA ANA
PROFESSIONAL MORTGAGE 2101 S. BRISTOL
CIO SOURI AMIRANI
2
FAIR MARKET VALUE IN•PLACE
CIVIL SOURCE ENGINEERING
1 LOT CIO SIGNAGE
G G 2379 6,815 $
DATE OF VALUE; OCTOBER 7 2015
L Q
C
Q
(18) INDIVIDUAL LETTERS, PLASTIC, FOAM BACK, 8 "H
i T DESCRIPTION;
0
U
_ FMV IN
N Y IMPROVEMENTS PERTAINING TO THE REALTY
N
A
0 PLACE OLV
E
D
L
(1) SIGN, ROOF TOP, 2'X8', ILLUM SIGN BOX, DBL SIDE
1
EXTERIOR
2
3
1 LOT CIO SIGNAGE
G G 2379 6,815 $
4
(2) INDIVIDUAL LETTERS, PLASTIC, FOAM BACK, 10 "H
5
(18) INDIVIDUAL LETTERS, PLASTIC, FOAM BACK, 8 "H
6
(52) INDIVIDUAL LETTERS, PLASTIC, FOAM BACK, 6 "H
7
(19) INDIVIDUAL LETTERS, PLASTIC, FOAM BACK, 4 'H
8
(1) BANNER SIGN, 2'X4', VINYL
9
(1) SIGN, ROOF TOP, 2'X8', ILLUM SIGN BOX, DBL SIDE
PLASTIC
10
(1) SAME, 1'X4',
11
(4) ADDRESS LETTERS, MTL, 4"
12
(1) GRAPHIC ACCENT, (132)IN, PLASTIC FOAM BACK
13
14
15
1 LOT C/O EXTERIOR HARDSCAPE AND FENCING
G G 30,030
16
(1) WALL/FENCE, 2'H CONCRETE BLOCK, ROUGH CAST
2381
TEXTURE, DBL SIDED SULLNOSE BRICK CAP,
CONCRETE BLOCK COLUMN, 1- 1/2'X1 - 1/2'X42 "H,
FORMED CONCRETE COLUMN CAP, COLUMNS 10' O.C.,
10' SECTIONS OF DECORATIVE WROUGHT IRON
FENCE, RADIUS TOP RAIL, 2'H, 147LF, (1) 8' MATCHING
GATE, MANUAL
17
(1) GATE, MATCHING, ROLLING, WROUGHT IRON, 24' W1
ALL -O- NUMATIC E -MTR
18
(1) GATE, MANUAL, 8.5'X4'H, WROUGHT IRON
19
(2) SIDE GATES, 50" WROUGHT IRON, 6.5'H, RADIUS
2382
TOP RAIL, DECORATIVE
20
(2) ENTRY DOOR SECURITY /SCREEN DOORS, 36 "X84 ",
2383
DBL LOCK WELDED STL FRAME, PERF SHT MTL
SCREEN
21
(153)LF PLANTER BOX, CONCRETE BLOCK, ROUGH
TEXTURE, 1.TH, WISULLNOSE BRICK CAP
22
(195)SF CONCRETE PATIO, BULLNOSE BRICK TRIM,
2386
RAISED 6"
23
24
1 LOT C/O EXTERIOR LANDSCAPING
G G 2384 37,520
25
(1100)SF LAWN, BERMUDA
26
(2) QUEEN PALMS
27
(18) KING PALMS
28
(5) PIGMY DATE PALMS
29
(8) MISC PLANTS SUCH AS BIRDS OF PARADISE,
INCLUDING IRRIGATION
30
31
1 EXTERIOR LIGHTING C/O
A A 2379 905
32
(4) DBL FIXTURE, FLOOD, MOTION SENSOR
33
(2) DBL BULB, FLOOD
34
(6) DBL FIXTURE, OFF -WALL WASH LIGHTS
Hjelmstrom
Associates
Page Al
CITY OF SANTA ANA
PROFESSIONAL MORTGAGE 210'1 S. BRISTOL
CIO
SOUR] AMIRANI
(1) CEILING FAN, 36 ", HAMPTON BAY
FAIR MARKET VALUE IN -PLACE
CIVIL SOURCE ENGINEERING _
(10) PHONE SETS, NT8B26AABL OR EQUIVALENT, (1)
DATE OF VALUE: OCTOBER 7 2015r
L
Q
C
Q
I
T DESCRIPTION:
O
U
v FMV IN
N
Y IMPROVEMENTS PERTAINING TO THE REALTY
N
A
0 PLACE OLV
E
D
L
1 LOT CIO OF CROWN MOLDING INTERIOR G
35
CONSTRUCTION THROUGHOUT
(370)LF PAINTED 6" CROWN MOLDING
36
6 PARKING TIRE BUMPERS 4', CONCRETE
A
A
130 0
37
36
INTERIOR
39
40
1 LOT C/O UPGRADES, BREAKROOM
G
A
2391 3,625 0
41
(25)SF TILE, CERAMIC, 12 ", BATHROOM
2392
42
(7.5)LF COUNTER 4" SQ CERAMIC TILE W /BASE
43
44
45
46
47
48
49
50
51
52
63
54
55
56
57
58
59
60
61
02
63
64
66
66
67
68
69
70
71
72
CABINETS, WOOD /FORMICA,
(1) SINK, SS, 12 "X12" W /SGF
(1) CEILING FAN, 36 ", HAMPTON BAY
1 PHONE SYSTEM, NORTEL NORSTAR, MUSIC /HOLD, A
F 2393
(10) PHONE SETS, NT8B26AABL OR EQUIVALENT, (1)
RECEPTION
1 IT EQUIPMENT INSTALLATION FOR MOVEABLE ITEMS IN G
G
LINE 2 AND (5) PRINTERS /COPIERS
(300)LF EST OF CAT 6 WIRE, OUTLETS, PATCH PANEL
1 SURVEILLANCE SYSTEM C/O A
A 2395
(1) CPU, HP COMPAQ
2398
(2) 15" FLAT SCREEN MONITORS
(5) EXTERIOR CAMERAS, HI-DEF COLOR, INCLUDES
HOUSING AND MOUNTING BRACKETS
(2) INTERIOR CAMERAS, HI-DEF COLOR
1 LOT CIO OF CROWN MOLDING INTERIOR G
A 2491
CONSTRUCTION THROUGHOUT
(370)LF PAINTED 6" CROWN MOLDING
1 LOT C/O GENERAL CONSTRUCTION IMPROVMENTS
(1) RECEPTION THROUGH WALL OPENING, 5'X3', 12"
RECEPTION COUNTER, WOOD, PAINTED FINISH TRIM
(1) WINDOW, INTERIOR, 1 -WAY MIRROR, 4.5'X4.5,
WOOD FINISH TRIM
(1) WINDOW, INTERIOR, 1'X3', VINYL, DBL PANE, WOOD
FINISH TRIM
(3) WINDOW, INTERIOR, 4.5'X45, SINGLE PANE, WOOD
FINISH TRIM
(1) 2.5LF CERAMIC TILE COUNTER 5 ", W/ WOOD BASE
CABINETS, WOOD
(1) SINK, SS, 10 "X10`, SGF (CONE RM)
(1) TILE, BATHROOM, CERAMIC, 12" SQ
1 ALARM SYSTEM, ADT, 16 KEY CONTROL PAD, 2 DOOR
SENSORS, 1 MOTION SENSOR
TOTAL IMPROVEMENTS PERTAINING T -0 THE REALTY
Hjelmstrom Associates
G A 2402
3,530 100
1,890 0
3,150 60
3,220 0
6,885 0
G G 2404
G G 2405
G A 570 0
$ 98,270 $ 160
Page A2