HomeMy WebLinkAbout25I - AGMT - BRISTOL IMPROVEMENTS PHASE 4REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 20, 2016
TITLE:
APPROVE TENANT -INTEREST
PURCHASE AGREEMENT FOR BRISTOL
STREET IMPROVEMENTS PHASE 4
(PROJECT NO. 116741, NONGENERAL
FUND)
(STRATEGIC PLAN NOS. 6, 1G; 3,2C)
CITY MANAG
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
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As Recommended
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As Amended
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Ordinance on 151 Reading
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Ordinance on 2nd Reading
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Implementing Resolution
Set Public Hearing For,,_ -
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a purchase agreement of Tenant
Interest in the property listed below and goodwill (if any) with the following property owner,
subject to nonsubstantive changes approved by the City Manager and City Attorney:
No. Property Owner Property commonly Amount
known as / location
Botanica Sol
1 Mike Otero 2123 South Bristol Street $31,335
(APN Nos. 015-194-20, -21, -22)
DISCUSSION
Bristol Street is a north -south transportation facility which is 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 project that is
being constructed in several phases. Improvements include widening the street from two to three
lanes in each direction, raised landscape medians, and adding bike lanes. The City is acquiring
properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place.
Property acquisitions for this phase are expected to be completed by spring 2017, and
construction is anticipated to begin in summer 2017.
The acquisition of the tenant interest (Exhibit 1) is necessary to accommodate the improvements
and widening for Phase 4. The above listed tenant agreed to quitclaim all tenant interest,
including loss of goodwill, for the listed purchase price. The purchase price, as listed in the
corresponding agreement (Exhibit 2), was based on the appraised value prepared by a State -
licensed appraiser, and the offer was accepted by the respective tenant -seller.
251-1
Tenant Interest Purchase Agreement for Bristol Street Improvement Phase 4
December 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 4, which lies between Warner Avenue and St. Andrew Place, 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 $31,335 are available in the Bristol Street Improvements Project No.
116741 for expenditure in FY 2016-2017, Measure M2 Street Construction Fund (Account No.
03217663-66100), subject to nonsubstantive changes.
F ed Mousavipour
Executive Director
Public Works Agency
FM/EWG/JG/ML
AS TO FUNDS & ACCOUNTS:
Franciscd Gutierrez_
Executive Director
Finance & Management Services Agency
Exhibits: 1. Location Map
2. Agreement for APN Nos. 015-194-20, -21, -22
251-2
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PURCHASE AGREEMENT FOR
CITY COUNCIL BRISTOL STREET IMPROVEMENTS
AGENDA DATE: PHASE 4 (PROJECT NO. 116741
DEC. 20, 2016 NONGENERAL FUND)
(Strategic Plan No. 8, 1, G; and 3, 2, C)
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PURCHASE AGREEMENT FOR
CITY COUNCIL BRISTOL STREET IMPROVEMENTS
AGENDA DATE: PHASE 4 (PROJECT NO. 116741
DEC. 20, 2016 NONGENERAL FUND)
(Strategic Plan No. 8, 1, G; and 3, 2, C)
251-3
PAGE 1 OF 1
251-4
SELL ALL (NO SALVAGE)
Project: Bristol Street I nprovement Project —Phase 4
APN: 015-194-22
Tenant -Seller: Mike Otero dba Botanica Sol
AGREEMENT FOR ACQUISITION OF TENANT -SELLER'S
INTEREST IN REAL PROPERTY
THIS AGREEMENT (".Agreement") is entered into as of this clay of
, 2016, 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 MIKE OTERO DBA BOTANICA SOL ("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-Soller 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 "Improvements") located in, on, or affixed in any manner
to the premises Imowu and numbered as 2123 S. Bristol Street, Santa Ana, California
("Premises") which Premises are part of that real property described in Exhibit A attached
hereto, located in the City of Santa Ana, Orange County, California ("Property"), and (b) any
tenancy interest of Tenant -Seller ("Tenancy Interest") in and to the Premises and the Property.
The Improvernents to be conveyed by Tenant -Seller are a part of the Premises, and, specifically
include, without limitation, the items described in the list of Improvemonts Pertaining to the
Realty attached hereto as Exhibit B.
2. PURCHASE PRICE. The total purchase price, payable in cash through this
Agreement, shall be the sum of: THIRTY-ONE THOUSAND, TfIREE FIUNDRED FIFTY-
FIVE AND NO/100 DOLLARS ($31,355.00) ("Purchase Price")
3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Tonant-Seller agrees to
execute a Quitclaim 'Deed in the same form as that attached hereto as Exhibit C in favor of Buyer
("Quitclaim Deed"), relinquishing, releasing, and forever quitclaiming to Buyer all right title
and 'interest in and to the Tenancy Interest.
Tenant -Seller has vacated the property as of August 30, 2016.
5, CONVEYANCE OF INTEREST IN IMPROVEMENTS. The Quitclaim Deed
(Exhibit C) will also convey from Tenant -Seller to Buyer all of Tonant-Seller's interest in and to
the Improvements, which conveyance shall be free and clear of all recorded and unrecorded
encumbrances, liens, assessments, leases, and taxes, Unless otherwise provided, recording of the
Quitclaim Deed and Closing (as defined below) of the transaction described herein shall be
subject to Tenant -Seller's vacation of the Premises and proof of clear title to all said
Improvements having been obtained and received by Buyer in accordance, with Paragraphs 8 and
9 of this Agreement,
Exhibit 2
251-5
6. RECORDING. Recordation of any documents delivered through this Agreement
is authorized if necessary or proper, upon acceptance by Buyer as described herein.
7. CERTIFICATION OF OWNERSHIP. Tonant-Soller hereby warrants and
certifies under penalty of perjury that Tenant -Seller is the owner of the Improvements and that
no document has been signed by or on behalf of Tenant -Seller for the purpose of creating any
lien, encumbrance, or security interest in any of the Improvements, and that the Tenant -Seller
does not lmow of any claim of lien, encuunbrance, or other security interest therein, EXCEPT: (a)
Taut Deeds on the Property, duly recorded; and (b) real and personal property taxes.
8. PERMISSION TO ENTER PREMISES. Tenant -Seller hereby grants Buyer or its
authorized agent's permission to enter upon the Premises at all reasonable times prior to Closing
of this transaction for the purpose of making necessary inspections,
9. BULK SALE. In order to establish proof of clear title to the Improvements,
Buyer may publish a Notice to Creditors pursuant to the Bullc Sales Law of the State of
California and obtain a title report and/or a report from the Secretary of State's Office as to
filings of security interests covering the Improvements.
10, CONFLICTING INTERESTS. In the event any conflicting claim of title or any
security interest or lien of any kind is discovered or asserted as to any of the Improvements,
Buyer shall, upon receiving notice or knowledge thereof, withhold an amount otherwise payable
to Tenant -Seller as is reasonably necessary, in the sole opinion of Buyer, to protect Buyer against
such claim of interest or lien. The withholding of such flwds shall not prevent Closing of this
transaction if the total funds to be withheld from Tenant -Seller do not exceed the net amount to
be paid. to Tenant -Seller through this transaction. Buyer will not pay out the withheld funds or
disburse any withheld funds to any claimant or other party (except upon court order or levy)
without the written consent of Tenant -Seller.
A general creditor's claim shall not be deemed to be a claire 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.
I I. DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed
an action to condemn the Tenancy Interest and/or Tenant -Seller's interest in the Improvements,
Tenant -Seller hereby consents to the dismissal of such action and waives any claims for
compensation, costs, attorney's fees and deposits in said action, or any claim whatsoever which
might arise out of the filing of such action, whether or not such claim is specifically identified
herein. Tenant -Seller hereby authorizes Buyer to withdraw and make payable to Buyer any
funds deposited with the Court in any such eminent domain action,
12. CLOSING: PURCHASE PRICE ADJUSTMENTS. Recording of the Quitclaim
Deed by Buyer will constitute "Closing" of this transaction. At Closing, Buyer will pay the
Purchase Price to Tenant -Seller, subject to the following adjustments:
251-6
A. Pay and charge Tenant -Seller for any and all current and/or delinquent
taxes and any penalties and interest thereon, and for any delinquent or non -delinquent
assessments or bonds against the Improvements and the Tenancy Interest.
B. Pay and charge Tenant -Seller for any amount necessary to place title in the
condition necessary to satisfy Paragraphs 4 and 9 of this Agreement;
C. Disburse funds when conditions of this Agreement have been satisfied by
Buyer and Tenant -Seller.
13. FULL AND COMPLETE SETTLEMENT. Tenant -Seller hereby acknowledges
that the compensation paid to Tenant -Seller through this Agreement constitutes the full and
complete settlement of any and all claims against Buyer, resulting from or arising out of Buyer's
acquisition of the Property and the Tenancy Interest and any dislocation of Tenant -Seller from
the Premises, specifically including, but not limited to the value of the Improvements, leasehold
improvements, any and all claims for rental or leasehold value and any and all claims in inverse
condemnation and for precondemnation damages, and any and all other claims that Tenant -Seller
may have, whether or not specifically mentioned here, relating directly or indirectly to the
acquisition by Buyer of the Property, the Irnprovements and the Tenancy Interest (but excluding
relocation benefits to which Tenant -Seller may be entitled and the loss of business goodwill, if
any). Tenant -Seller and Buyer and each and all of their agents, representatives, attorneys,
principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries
(collectively "Releasees"), hereby release the other party, and its Releasees, and each of them
from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies,
damages, causes of action, including without limitation those relating to just compensation or
damages which any of them now have, or might hereafter have by reason of any matter or thing
arising out of or in any way related to any condemnation action affecting the Property, the
Improvements and the Tenancy Interest. Additionally, Tenant -Seller does hereby disclaim any
right, title or interest in or to the Premises. The payment terms set forth herein, provide full
payment for the acquisition any and all property interests Tenant -Seller may have in the
Premises. Tenant -Seller hereby expressly and unconditionally waives any claims (known or
unknown) including severance damages, statutory interest, claims for inverse condemnation. or
unreasonable pro -condemnation conduct, or any other compensation, damages or benefits,
arising from the acquisition of the Premises that Tenant -Seller may have against Buyer, its
officials, representatives, and attorneys.
14. ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542.
Tenant -Seller acknowledges that it has been advised by its attorneys concerning, and is familiar
with, the provisions of California Civil Code § 1542, which provides as follows:
"A general release does not extend to claims which the creditor
does not larow 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 hat 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
251-7
which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless,
Tenant -Seller acknowledges that drs Agreement has been negotiated and agreed upon in light of
That situation and hereby expressly waives any and all rights which it or others acting on its
behalf may have under California Civil Code §1542, or under any statute or common law or
equitable principle of similar effect.
Tenant-Sollor: ze
15. CONTINGENCY. Transaction is subject to and contingent upon receipt by
Buyer of the duly executed Quitclaun Deed from Tenant-Sollor 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 RIGHT'S AND OBLIGATIONS. Notwithstanding the releases
contained herein and agreement concerning this transaction, all the rights and obligations created
under and pursuant to this Agreement shall survive the execution of the Agreement, the releases
contained herein and the Closing of this transaction.
20. WARRANTIES REPRESENTATIONS AND COVENANTS OF TENANT -
SELLER. Tenant -Seller hereby warrants, represents, and/or covenants to Buyer that:
A. To the best of Tenant -Seller's knowledge, there are no actions, suits,
material claims; legal proceedings, or any other proceedings affecting the Improvements, the
Tenancy Interest or any portion thereof, at law or in equity, before any court or governmental
agency.
B. Until the Closing; Tenant-Se11er shall maintain the Improvements and the
Premises in good condition and state of repair and maintenance, and shall perform all of its
obligations under any service contracts or other_ contracts affecting the, Improvements and the
Premises.
C, Until the Closing, Tenant -Seller shall not do anything which would impair
Tenant -Seller's title to the Premises, the Improvements or the Tenancy Interest.
251-8
D, All utilities including gas, electricity, water, sewage, and telephone, are
available to the Premises, and to the best of Tenant -Seller's knowledge, all such items are in
good working order.
E. To the best of Tenant -Seller's knowledge, neither the execution of this
Agreement nor the performance of the obligations herein will conflict with, or violate any of the
provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or
instrument to which Tonant-Seller, the Premises, the Improvements or the Tenancy Interest may
be subject.
P. Until the Closing, Tenant -Seller shall, upon learning of any fact or
condition which would cause any of the warranties and representations in this Paragraph 20 not
to be true as of Closing, immediately give written notice of such fact or condition to Buyer.
21. HAZARDOUS WASTE. Neither Tenant -Seller nor, to the best of Tenant -Seller's
knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has
used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic
substances, or related materials ("Hazardous Materials") on, under, in, or about the Property or
the Premises, or transported any Hazardous Materials to or from the Property or the Premises.
Tenant -Seller shall not cause or permit the presence, use, generation, release, discharge, storage,
or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any
Hazardous Materials to or from the Premises. The term "Hazardous Materials" shall mean any
substance, material, or waste which is or becomes regulated by any local governmental authority,
the State of California, or the United States Government, including, but not limited to, any
material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste",
or "restricted hazardous waste" under §25115, §25117 or §25122.7, or listed pursuant to §25140
of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control
Law), (ii) defined as "hazardous substance" under §25316 of the California Health and Safety
Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act),
(iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under
§25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous
Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under
§25281 of the California Health and Safety Code, Division. 20, Chapter 6.7 (Underground
Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphonyls,
(viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to
Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix)
designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33
U.S.C. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource
Conservation and Recovery Act, 42 U.S.C. 56901 et seq. (42 U.S.C. 56903) or (xi) defined as a
"hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act, 42. U.S.C. 56901, et seq. (42 U.S.C. 56901).
22. COMPLIANCE WITH ENVIRONMENTAL LAWS, To the best of Tenant -
Seller's knowledge, the Premises and its use complies with all applicable laws and governmental
regulations including, without limitation, all applicable federal, state and local laws pertaining to
air and water quality, hazardous waste, waste disposal and other anviromnental matters,
including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid
Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response
251-9
Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
regulations and ordinances of the city within which the subject Property is located, the California
Department of Health Services, the Regional Water Quality Control Board, the State Water
Resources Control Board, the Environmental Protection Agency and all applicable federal, state
and local agencies and bureaus,
23. INDEMNITY. Tenant -Seller agrees to indemnify, defend and hold Buyer
harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability,
deficiency, fine, penalty, punitive damage, or expense (including, without Limitation, attorneys'
fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation,
discharge, storage, or disposal of any Hazardous Material on, under, in, or about, or the
transportation of any such materials to or from, the Premises, or (ii) the violation, or alleged
violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating
to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous
Materials on, under, in, or about, to or from, the Premises. This indemnity shall include, without
limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or
out of any claim, action, suit or proceeding for personal injury (including sickness, disease or
death, tangible or intangible property damage, damage to the natural resource or the
environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on
the environment. This indemnity extends only to acts or omissions of Tenant-Sellor herein,
24. ATTORNEYS' FEES. If legal action is required in order to construe or enforce
any provision of this Agreement, the party prevailing in such action shall be entitled, in addition
to such other relief as may be granted, to a reasonable sum as its attorneys' fees and costs.
25. COUNTERPARTS. This Agreement may be executed in counterparts and when
so executed by both parties, each counterpart will constitute an original document.
26. BINDING EFFECT. The terms, conditions, covenants and agreements set forth
herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the
parties hereto.
27. ENTIRE AGREEMENT. This Agreement contains the entire agreement between
both parties; neither party relies upon any warranty or representation not contained in this
Agreement.
IN WITNESS WHEREOF, the patties hereto have executed this Agreement the day and
year set forth hereinabove.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
SIGNATIURE PAGE FOLLOWS.
251-10
Mailing Address of Tenant -Seller Tenant -Seller
7825 Benares Street Mike Otero dba Botanica Sol
Downey, California 90241
By:—,_
Its:
Date:
Mailing Address of Buyer Buyer
20 Civic Center Plaza, M-30 THE CITY OF SANTA ANA
Santa Ana, California 92701
David Cavazos
City Manager
Attest:
Maria D, Huizar
City Clerk
Approved as to Form:
By:
Jo.
Funk
A stantCityAttorney
Date: i (_ { �'^ ( G
Recommended for Approval:
By:
Fred Mousavipour
Executive Director - Public Works Agency
251-11
EXHIBIT A.
I,EGAT4 DESCRIPTION OF PROPERTY
Real property in the City of SANTA ANA, County of Orange, State of California, described as
follows:
PARCEL 1 AS SHOWN ON EXHIBIT A ATTACHED TO LOT LINE ADJUSTMENT NO. 2002-09
RECORDED JANUARY 30, 2003 AS INSTRUMENT NO. 03-113806 OF OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA.
APN: 015-194-20 and 015-194-21 and 015-194-22
251-12
0
EXHIBIT B
BOTANICA SOL
IMPROVEMENTS PERTAINING TO THE REALTY
EFFECTIVE DATE OF VALUE - JULY 25, 2016
Item
No. Qty, Description
I I Sign, 8'x 41, dual sided, printed graphic d6cor on
fiberboard, "Botanlca Sol / 714.376.9472" with logos,
wood backing, 2 poles, 4" x 74" x 4", plastic, including
2 flutnewontfloodlights, electrical
2 2 Security doors, 38" x 82", tubular metal frame, metal
mesh, lock hardware
3 100 Linear feet of neon tubing/lighting, roof -mounted,
electrical . .
4 2 Signs, 4'x 12", graphic d€oor on plastic, "714-376-9472",
251-13
Fair Market
wall -mounted
5 2
Parking lot security ]lghts, fluorescent, metal and plastic
Place
fixture, roof -mounted, electrical
6 2
Pendant lights, 18" high, fluorescent, plastic decorative
960
shade
7 3
Window shadas, 9'x 9', metal dowel, fabric curtains
8 3
Ceiling fans, 54" diameter, wood blades, illumination
9 22
Linear feet of window shades, 8' hlgh, metal slide track,
480
mesh fabric shades, decorative
10 1,847
Square feet of laminate the flooriugthroughout,
900
including 25" high wood baseboard
11 296
Square feet of decorative fabric well covering, 6" high
8,800
tassel d6cor and 4 full length curtains, fabric
12 1
Tankless water heater, Rheem, Model No.: RTG-64X9,
675
natural gas, 153 gallon/hour recovery, 150,000 BTU/Iln,
electric
251-13
Fair Market
Forced
Value in
Liquidation
Place
Value
$1,650
$0
960
0
2,800
175
80
0
1,000
0
480
0
400
75
900
45
1,200
150
8,800
0
575
0
675
25
BOTANICA SOL
IMPROVEMENTS PERTAINING TO THE REALTY
EFFECTIVE DATE OF VALUE - JULY 25, 2016
7
251-14
Fair Market Forced
Item
Value In Liquidation
No,
Qty. Description
Place Value
13
1 Lot of bathroom upgrades, including plumbing,
4,150 0
consisting of:
I Sink counter, 30" x 19", laminate, 2 lower doors,
single faucet
I Toilet, Mansfield, porcelain
1 Shower fixture, 3' x 6.5' x 3', plastic box and walls,
sliding glass door, nozzled shower head, plumbing
1 Ceiling ventilator, Numne, 14" x 12"
1 Medicine cabinet, 36" x 30", 3 glass doors
I Lot of ceramic wall U15s; 6" x 6"
2 ADA handrails, chrome
14
1 Lot of plumbing/venting and electrical for stack
130 0
washer/dryer combo
15
1 Lot of kitchen upgrades, consisting of.,
4,400 0
13 Linear feet of sink/base cabinetry, 25" deep,
L-shaped, laminate on wood, 6 drawers, 6 doors,
1 drop-in sink, 30" x 7" x 20", dual, single mixing
faucet, plumbing
11 Linear feat ofwall cabinetry, 41" high, laminate on
wood, 9 doors, including exhaust hood, Ikea,
stainless steel, 30" wide, through -wall ventilation,
illumination
1 Lot of decorative wall tile, 4" wide x ,5" and 1°
high, glass and stony
1 Pantry cabinet, 25" x 8'x 25", laminate on wood,
2 doors
16
1 Water connection forrafiigerator
130 0
17
24 Square feet of horizontal mini blinds, plastic slats
70 0
18
1 Lot of interior wall paint covering, textured
2,400 0
19
2 Emergency exit sign cabinets, 12" x 10", plastic case,
230 20
roof -mounted
20
1 Through -wall vent for portable air conditioning unit,
70 0
8" diameter
7
251-14
BOTANICA SOL
IMPROVEMENTS PERTAINING TO THE REALTY
EFFECTIVE DATE OF VALUE - JULY 25, 2016
Item
No. Qty, Description
21 4 Pantry/closet doors, wood, consisting of,
2 18"X60"
2 18"x32"
TOTAL IMPROVEMENTS PERTAINING
TO THE REALTY
*Nate; The following leasehold improvement were
reportedly installed and/6r repaired by the lessee. They
are included in the related real estate appraisal report;
therefore, they are not included herein in order to avoid
duplication of compensation.
Exterior/interior doors, including locks
e Windows
o General plumbing
e General electrical
a Stucco on exterior of building
• Lawn/landscaping
7
251-15
Fair Market Forced
Value in Liquidation
Place Value
255 0
$31,355 $490
EXRIBIT C
RECORDING RRQOCSTLD BY:
THE CITY OF SANTA ANA
AND WHEN RECORDED MAIL TO:
Clerk of theCouncil
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 for Recorders use
County Assessor's Parcel Number:
015-194-22 (2123-S. Bristol Street, Santa Ana, CA)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
MIKE OTERO DBA BOTANICA SOL
does 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,lmited to the items in Exhibit "2", list of Improvements Pertaining to the Realty, (fixtures and
equipment); attached hereto and by this reference made a part hereof, which are either generally or
for purpose of this deed a part of that parcel of real property in the City of Santa Ana, County of
Orange, State of California, described as follows: - --
Grantor for himself, his heirs, representatives and assigns covenants and warrants that: 1) Grantor is
the sole owner of the itemized,.' -Improvements Pertaining to the Realty conveyed by this Quitclaim
Deed free from all liens and encumbrances, and 2) Grantor will defend the title and quiet enjoyment of
the real property described above, including all Improvements Pertaining to the Realty, against all
demands and claims of all persons.
SEE EXHIBIT "1" & "2" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF
IN WITNESS WHEREOF, the grantor hereto has caused this Quitclaim Deed to be executed
as of this 1 Q day of 80 t/, 2016.
By; Date: %/ is
251-16
EXHIBIT "I„
LEGAL DESCRIPTION
Real property in the City of SANTA ANA, County of Orange, State of California, described as
follows:
PARCEL 1 AS SHOWN ON EXHIBIT A ATTACHED TO LOT LINE ADJUSTMENT NO, 2002-09
RECORDED JANUARY 30, 2003 AS INSTRUMENT NO, 03-113806 OF OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA.
APN: 015-194-20 and 015-194-21 and 015-194-22
251-17
EXHIBIT "2"
BOTANICA SOL
IMPROVEMENTS PERTAINING TO THE REALTY
EFFECTIVE DATE OF VALUE - JULY 25, 2016
Item
No. Qty, Description
I 1 Sign, 8'x 4', dual sided, printed graphic d€ear on
fiberboard, "Botanloa Sol / 714.376.9472" with logos,
wood backlog, 2 poles, 4" x 74" x.4", plastic, including
2 fluorescent floodlights, electrioal
2 2 Security doors, 38" x 82", tubular metal frame, metal
mesh, lock hardware
3 100 Linear feet of neon tubing/lighting, roof -mounted,
electrical "'
4 2 Signs, 4'x 12", graphic d6cor on plastic, "714-376-9472",
wall -mounted
5 2 Parking lot security lights, fluorescent, metal and plastic
fixture, roof -mounted, electrical
6 2 Pendant lights, 18" high, fluorescent, plastic decorative
shade
7 3 Window shades, 9'x 9', metal dowel, fabric curtains
8 3 Ceiling fans, 54" diameter, wood blades, illumination
9 22 Linear feet of window shades, 8' high, metal slidetrack,
mesh fabric shades, decorative
10 1,847 Square feet of laminate tile flooring throughout,
including 25" high wood baseboard
11 296 Square feet of decorative fabric wall covoring, 6" high
tassel d€cor and 4 full length curtains, fabric
12 1 Tankless water heater, Rheem, Model No.: RTG-64309,
natural gas, 153 gallon/hour recovery, 150,000 BTUiHr.,
electric
251-18
Fair Market
Forced
Value in
Liquidation
Place
Value
$1,650
$0
960
0
2,800
175
80
0
1,000
0
480
0
400 75
900 45
1,200 150
8,800 0
575 0
675 25
13OTANICA SOL
IMPROVEMENTS PERTAINING TO THE REALTY
EFFECTIVE DATE OF VALUE - JULY 25, 2016
2
251-19
Fair Market Forced
Item
Value in Liquidation
Nn.
Qty. Description
Place Value
13
1 Lot of bathroom upgrades, including plumbing,
4,150 0
consisting of:
I Sink counter, 30" x 19", laminate, 2 lower doors,
single faucet
1 Toilet, Mansfield, p6r6alain
1 Shower fixture, 3' x 6.5'x 3', plastic box and walls,
sliding glass door, nozzled shower head, plumbing
1 Ceiling ventilator, Nutoae, 14" x 12"
1 Medicine cabinet, 36" x30", 3 glass doors
1 Lot of ceramic waif tiles; 6" x fi"
2 ADA handrails, chrome
14
1 Lot of plumbing/venting and electrical for stack
130 0
washer/dryer combo
15
1 Lot of kitchen upgrades, consisting of:
4,400 0
13 Linear feet of sinlc/base eabiarctry, 25" deep,
L-shaped, laminate on woad, 6 drawers, 6 doors,
'
1 drop-in sink, 30" x 7" x 20", dual, single mixing
faucet, plumbing
II Linear feet of wall cabinetry, 41" high, lamineto on
wood, 9 doors, including exhaust hood, Ikea,
stainless steel, 30" wide, through -wall ventilation,
illumination
I Lot of decorative wall tile, 4" wido x .5" and 1"
high, glass and stone
1 Pantry cabinet, 25" x 8' x 25", laminate on wood,
2 doors
16
1 Water connection for refrigerator
130 0
17
24 Square feet of horizontal mini blinds, plastic slats
70 0
18
1 Lot of interior wall paint covering, textured
2,400 0
19
2 Emergency exit sign cabinets, 12" x 10", plastic case,
230 20
roof -mounted
20
I Through -wall vent for portable air conditioning unit,
70 0
8" diameter
2
251-19
$OTANICA SOL
IMPROVEMENTS PERTAINING TO THE REALTY
EFFECTIVE DATE OF VALUE - JULY 25, 2016
Item
No. Qty. Description
21 4 Pantry/closet doors, wood, consisting of:
2 18"X60"
2 18"x32"
TOTAL IMPROVEMENTS PERTAINING
TO THE REALTY
*Note; The following leasehold improvement were
reportedly installed and/6r repaired by the lessee. They
are included in the related real estate appraisal roport;
therefore, they are not included herein in order to avoid
duplication of compensation.
. Exterior/interlor doors, including locks
e Windows
. General plumbing
o General electrtcal
. Stucco on exterior of building
* Lawn/landscaping
3
251-20
Fair Market Forced
Value in Liquidation.
Place Value
255 0
$31,355 $490
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document,
State of California
County of
On t/ before u e,SStA$ l , ti(t)�� 1 G
(Insert no me and title ofth ficer)
personally
Name of Signer (2)
who proved to me on the basis of satisfactory evidence to be the personXwhose name is re
subscribed to the within instrument and acknowledged to me thaoshe/they executed the same in
s Ter/their authorized capacity4, and that b i her/their signature(4on the instrument the
person, or the entity upon behalf of which the person1acted, 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.
Q11iature of Notary Pu
251-21
" JET US ORRTIZ
COMM.#2141901
Notary PubOc. Q®IHomla
y M
LOS
GammsE LES � NTY 'th
(Seal)
251-22