HomeMy WebLinkAbout00396C - BETTY SCHIERMEISTER 3709 3711 3715 EL DORADO PROPERTY PURCHASE SALE Betty Schierrneister
•Purchase& Sale of Real Property
AGREEMENT#396C
R1077, 9-1-99
AGREEMENT FOR PURCHASE AND SALE OF REAL r-KomK'i'Y
Assessor's Parcel No. 669-413-019
THIS AGREEMENT FOR PURC SE AND SALE OF REAL PROPERTY
("Agreement") is made this L day of n , 1999, by and between THE
COMMUNITY REDEVELOPKffNT AGE CY F THE CITY OF PALM SPRINGS, a public
body, corporate and politic ("Agency") and BETTY SCHIERMEISTER, an individual
("Grantor").
RECITALS:
A. Grantor is the owner of that certain real property located at 3709, 3711 and 3715 El
Dorado, Palm Springs, California and more particularly described in the legal description attached
hereto as Exhibit "A" (the "Property").
B. Agency is a municipal corporation entitled to acquire the Property, or portions
thereof, under its eminent domain powers under the laws of the State of California for the purposes
of constructing and maintaining low/moderate income family housing thereon (the "Project").
C. On September 1, 1999, Agency, by Resolution No. 1077 found that the purchase of
the Property is for a public purpose and is in the public interest.
D. In accordance with the eminent domain laws of the State of California, including
Government Code Sections 7267 et sec. and Civil Procedure Code Sections 1263.010 et seq.,
Agency has provided to Grantor an offer for the purchase of the "Property", which offer included a
description of the property interests to be acquired, an amount believed to be just compensation for
the Property, the basis for its determination of just compensation and the public use for which the
Property is to be acquired.
E. Grantor has accepted Agency's offer as fair and just compensation for the Property
and acknowledges said compensation is no less than fair market value.
F. In lieu of having Agency file an action in condemnation, Grantor wishes to
voluntarily convey any and all interest Grantor has in the Property to Agency pursuant to the terms
of this Agreement.
G. Agency wishes to accept Grantor's conveyance of Grantor's interest in the Property
pursuant to the terms of this Agreement.
NOW, THEREFORE, the parties hereto agree to transfer fee interest in the Property from
Grantor to Agency in accordance with the following terms and conditions:
627/014094-0005/3285037.1 .09/10/99
ARTICLE I
TERMS AND CONDITIONS
I.1 Purchase and Sale of Property. Agency hereby agrees to purchase from Grantor,
and Grantor hereby agrees to sell to Agency, upon the terms and conditions and for the Purchase
Price set forth in this Agreement, title in and to the Property, as described at Section 1.6 below.
1.2 Amount of Purchase Price. The purchase price for transfer of the Property shall be
TIHRTEEN THOUSAND DOLLARS ($13,000.00) ("Purchase Price").
I.3 Payment of Purchase Price. The Purchase Price shall be paid in good funds to
Agency concurrently with the execution of this Agreement. "Good funds" shall mean a wire
transfer of funds, cashier's or certified check drawn on or issued by the offices of a financial
institution located in the State of California, or cash.
1.4 Interests Conveyed. It is understood and agreed by and between Agency and
Grantor that the Purchase Price set out below is paid as full and final consideration of the
following: (1) fee simple interest in and to the Property, (2) all improvements, structures,
landscaping, paving and any appurtenances to the Property, and (3) all other rights appurtenant to
the Property.
1.5 Additional Funds and Documents Required from Agency and Grantor.
(a) Incidental Costs. Agency agrees to pay all usual and incidental fees, charges
and costs which arise in the transfer of title to the Property ("Incidental Costs"). Payment of the
Purchase price and Incidental Costs shall be made after Grantor executes and delivers the Grant
Deed, described below, to Agency or Agency's agent. Costs for clearing of all existing
encumbrances, judgments, or liens, including any fees or charges incurred, shall be the sole
responsibility of Grantor.
(b) Taxes. All real property taxes levied upon the Property prior to the date of
this Agreement shall be the responsibility of Grantor, and shall be prorated, paid or canceled
pursuant to the provisions of Sections 5081 et sect. of the Revenue and Taxation Code.
(c) Grant Deed. Concurrently with the execution of this Agreement, Grantor
shall execute a grant deed, a copy of which is attached hereto as Exhibit "B" ("Grant Deed"),
which execution shall be acknowledged by a Notary Public, conveying the Property to the Agency
pursuant to the terms of this Agreement.
627/014084-000513285037.1 .09/10/99
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ARTICLE II
REPRESENTATIONS AND WARRANTIES
ILI Possession. It is agreed and confirmed by the parties hereto that notwithstanding
other provisions in this Agreement, the right of possession and use of the Property by the Agency,
including the right to remove and dispose of improvements, shall commence on the date of
recordation of the Grant Deed.
111.2 Release; Waiver. Grantor hereby acknowledges that the Purchase Price is a
total settlement which includes any and all claims Grantor may be entitled to by reason of the
acquisition by Agency, including, but not limited to, just compensation, severance or other
damages, interest, costs, attorneys' fees, or any other litigation expenses, compensation for
improvements pertaining to the realty, impairment of access loss of business goodwill, pre-
condemnation damages, relocation benefits, or any claim whatsoever which might arise out of
Agency's right to take any property herein by eminent domain, or any exercise of that right, and
construction, maintenance, and operation of the public right of way and related improvements for
which the Property is sought to be condemned by the Agency.
Grantor hereby waives and releases Agency and its officers, employees and agents from and
against any and all claims, actions demands and suits relating to the Purchase Price. This release
extends to all such claims which now exist or may arise in the future, whether or not such claims
are known to Grantor, and Grantor hereby expressly waives her rights under California Civil Code
Section 1542 which provides as follows:
1542, General Release- Claims Extinguished.
a general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known by
him must have material affected his settlement with the debtor."
11.3 Time of Essence. Agency and Grantor specifically understand and agree that time is
of the essence and Agency and Grantor specifically agree to strictly comply and perform their
obligations herein in the time and manner specified, and waive any and all rights to claim such
compliance by mere substantial compliance with the terms of this Agreement.
H.4 Indemnification for Unrecorded Interests. Upon title vesting in Agency, Grantor
warrants that there are no unrecorded encumbrances, including but not limited to liens, leases,
easement or licenses, on all or any portion of the Property, and Grantor agrees to hold the Agency
harmless, defend and reimburse the Agency, its officers, agents and employees, for any and all of
Agency's losses and expenses, including reasonable attorneys' fees, occasioned by reason of any
such encumbrance of the Property.
11.5 Consent to Dismissal of Condemnation. Grantor hereby agrees and consents to the
dismissal of any eminent domain action which may be filed by the Agency to acquire the Property
and waives any and all claims to money that may be deposited in the Superior Court in such an
action.
11.6 Brokerage Commissions. Grantor represents to Agency that no third party is owed
627/014084-0005/3285037.1 &09/10/99
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any payment or commissions as a result of the transfer of the property interests provided hereunder,
and Grantor indemnifies and holds the Agency harmless from and against all liabilities, costs,
damages and expenses, including, without limitation, attorneys' fees, resulting from any claims of
fees or commissions.
II.7 Hazardous Materials. It is understood that the Property does not appear to contain
Hazardous Materials. However, should"Hazardous Materials be found to exist on the Property,
Grantor shall defend, reimburse, indemnify and hold Agency, its officers, agents and employees
harmless from any and all liability, damages, costs, fines, penalties, charges and/or claims of any
ldnd whatsoever relative to the existence, potential existence, assessment, removal, remediation
and/or disposal of any Hazardous Materials on, in or under the Property or any Hazardous
Materials emanating therefrom.
The term "Hazardous Materials" as used in this Agreement shall mean and refer to any
environmental contamination of any type or nature including but not limited to the following
substances, whether in the soil, air, surface water, perched water or groundwater, or in any other
medium: any "hazardous substance" as defined under Title 42 U.S.C. Section 9601(14) or under
California Health & Safety Code Section 25281(g); any "hazardous waste" as defined under Title
42 U.S.C. Section 6903(5) and under California Health & Safety Code Section 25117; any
"hazardous substance" as defined under California Health & Safety Code Sections 25281 and
25316; any "hazardous material" as defined under California Health & Safety Code Section
25260(e); any chemical listed pursuant to California Health & Safety Code Section 25249.8; any
petroleum hydrocarbon material or petroleum by-product, refined and unrefined, including but not
limited to any crude oil or any fraction thereof, and any additive to any refined petroleum product,
as well as any asbestos or asbestos containing material.
ARTICLE III
MISCELLANEOUS
III.1 Attorneys' Fees. In any action between the parties hereto, seeking enforcement of
any of the terms and provisions of this Agreement, or in connection with the Property, the
prevailing party in such action shall be entitled, to have and to recover from the other party its
reasonable attorney's fees and other reasonable expenses in connection with such action or
proceeding, in addition to its recoverable court costs.
111.2 Notices. Any notice which either party may desire to give to the other party must
be in writing and may be given by personal delivery or by mailing the same by registered or
certified mail, return receipt requested, postage prepaid, to the party to whom the notice is directed
at the address of such party hereinafter set forth, or such other address and to such other persons as
the parties may hereafter designate:
To Grantor: Betty Schiermeister
329 S. Witmer, #D
Los Angeles, CA 90017
627/014084-0005/3285037.1 x09/10/99
-4-
To Agency: Community Redevelopment Agency of
the City of Palm Springs
P.O. Box 2743
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Copy to: Rutan &Tucker
611 Anton Blvd.
Suite 1400
Costa Mesa, CA 92626
Attn: David Aleshire, Esq.
Any notice given by mail shall be deemed received forty-eight (48) hours after such notice
is deposited in the United States mail, addressed as provided above, with postage fully prepaid.
M.3 Interpretation; Governing Law. This Agreement shall be construed according to its
fair meaning and as if prepared equally by both parties hereto. This Agreement shall be construed
in accordance with the laws of the State of California in effect at the time of the execution of this
Agreement. Any action brought in connection with this Agreement shall be brought in a court of
competent jurisdiction located in Riverside County, California. Titles and captions are for
convenience only and shall not constitute a portion of this Agreement. As used in this Agreement,
masculine, feminine or neuter gender and the singular or plural number shall each be deemed to
include the others wherever and whenever the context so dictates.
ILIA No Waiver. No delay or omission by either party hereto in exercising any right or
power accruing upon the compliance or failure of performance by the other party hereto under the
provisions of this Agreement shall impair any such right or power or be construed to be a waiver
thereof. A waiver by either party hereto of a breach of any of the covenants, conditions or
agreements hereof to be performed by the other party shall not be construed as a waiver of any
succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof.
M.5 Modifications. Any alteration, change or modification of or to this Agreement, in
order to become effective, shall be made by written instrument or endorsement thereon and in each
such instance executed on behalf of each party hereto.
111.6 Severability. If any term, provision, condition or covenant of this Agreement or the
application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument, or the application of such term, provision,
condition or covenant to persons or circumstances other than those as to whom or which it is held
invalid or unenforceable, shall not be affected thereby, and each term and provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
III.7 Merger of Prior Agreements and Understandings. This Agreement and other
documents incorporated herein by reference contain the entire understanding between the parties
relating to the transaction'contemplated hereby and all prior or contemporaneous agreements,
understandings, representations and statements, oral or written, are merged herein and shall be of
no further force or effect.
627/014084-0005/3285037.1 .09/10/99
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111.8 Binding on Heirs and Assigns. The terms, conditions, covenants and agreements set
forth herein shall be binding upon and inure to the benefit of the parties hereto, their
representatives, heirs, executors, administrators, successors and assigns.
111.9 Notice of Tax Withholding Requirements. It is further understood and agreed by
Agency and Grantor that Agency may require tax withholding information from Grantor for the
payment of the Purchase Price, and for that basis, Grantor agrees to provide Agency with her
Social Security number and other information necessary to meet any applicable tax withholding
requirements.
Ill.10 Counterparts. This Agreement and any modifications, amendments, or supplements
thereto may be executed in counterparts and shall be valid and binding as if the signatures of all of
the parties were on one document.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of Purchase
and Sale of Real Property as of the date first above written.
"Agency"
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM
SPRINGS, a public body corporate and
politic
ATTEST:
,f By:
Clerk Executive Dir for
APPROVED AS TO FORM: r^at��uz��ll�k� ITV gffh& 16 1�1k�Hilt LY[ G8L�Q9.
AGENCY BY RES. No. k'Z 7
Agency Counsel')
"Grantor"
BETTY SCHIERM ISTER, an individual
Dated: `� I 1` m
Betty(C�iermeister
627/014094-0005/3285037.1 e09/10199
—6—
EXHIBIT "A"
DESCRIPTION OF THE PROPERTY
EXHIBIT "A" TO
AGPEffKfftffT61UPrPY£MASE
EXIIIBIT "B"
RECORDED AT THE REQUEST OF )
AND WHEN RECORDED RETURN TO: )
)
COMMUNITY REDEVELOPMENT )
AGENCY OF THE CITY OF )
PALM SPRINGS )
3200 E. Tahquitz Canyon Way )
Palm Springs, CA 92263 )
Attn: Executive Director )
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE)
(EXEMPT FROM RECORDING FEE PER GOV. CODE 06103)
GRANT DEED
FOR A VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby
acknowledged, BETTY SCHIERMEISTER, an individual (hereinafter referred to as "Grantor"),
hereby grants to the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, a public body, corporate and politic (hereinafter referred to as "Grantee"), the real
property generally located at 3709, 3711 and 3715 El Dorado Boulevard, County of Riverside, City
of Palm Springs, California, more particularly described in Exhibit "1" attached hereto and
incorporated herein by this reference, subject to existing easements, restrictions, and covenants of
record and contained herein (hereinafter collectively referred to as the "Property").
A. The Property is conveyed in accordance with and subject to the Agreement for
Purchase and Sale of Real Property by and between Grantor and Grantee of even date. A copy of
the foregoing documents, which documents are incorporated herein by reference, are on file with
Grantee as public records available for public inspection at Grantor's offices located at 3200 E.
Tahquitz Canyon Way, Palm Springs, California 92263.
B. The property conveyed by this Grant Deed includes all improvements to the
Property which are part of the Property. Title to the Property is conveyed subject to all
assessments, and to all easements, encumbrances, covenants, conditions, restrictions, reservations,
rights-of-way, and other matters of record, of whatever kind or nature.
C. Grantee agrees for itself and any successor in interest not to discriminate upon the
basis of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale,
lease, or rental or in the use or occupancy of the Property hereby conveyed or any part thereof, and
Grantee further covenants by and for itself, its successors, and assigns, and all persons claiming
under or through them that there shall be no discrimination against or segregation of, any person or
group of persons on account of race, color, creed, religion, sex, marital status, national origin, or
ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property
EXMIT "B" TO
AGPfff°M'F6T-k VflASE
nor shall the Grantee itself or any person claiming under or through it, establish or permit any such
practice or practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Property.
The foregoing covenants shall run with the land and shall remain in effect in perpetuity. Grantee
further covenants by and for itself, its successors,and assigns, and all persons claiming under or
through them, that it shall comply with all the applicable requirements of the Americans with
Disabilities Act of 1990 (42 U.S.C. 0 12101 et sec.), and the California Building Code, as the
same may be amended from time to time.
D. Grantee agrees for itself and any successor in interest that any deed, lease, or
contract made relative to the Property, the improvements thereon, or any part thereof, shall contain
or be subject to substantially the following non-discrimination and non-segregation clauses:
1. In deeds: "The grantee herein covenants by and for itself, its successors and
assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race,
color, creed, religion, sex, marital status, ancestry, or national origin in the sale, lease,
sublease, transfer, use, occupancy, tenure, or enjoyment of the land herein conveyed, nor
shall the grantee itself or any person claiming under or through it, establish or permit any
such practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees
in the land herein conveyed. The foregoing covenants shall run with the land."
2. In leases: "The lessee herein covenants by and for itself, its successors and
assigns, and all persons claiming under or through them, and this lease is made and
accepted upon and subject to the following conditions: That there shall be no discrimination
against or segregation of any person or group of persons, on account of race, color, creed,
religion, sex, marital status, ancestry, or national origin in the leasing, subleasing, renting,
transferring, use, occupancy, tenure, or enjoyment of the land herein leased, nor shall
lessee itself, or any person claiming under or through it, establish or permit such practice or
practices of discrimination or segregation with reference to the selection, location, number,
use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein
leased."
3. In contracts: "There shall be no discrimination against or segregation of any
person or group of persons on account of race, color, creed, religion, sex, marital status,
ancestry, or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure, or
enjoyment of the land, nor shall the transferee itself or any person claiming under or
through it, establish or permit any such practice or practices of discrimination or segregation
with reference to the selection, location, number, use, or occupancy of tenants, lessees,
subtenants, sublessees, or vendees of the land."
The foregoing covenants shall run with the land and shall remain in effect in perpetuity.
E. All conditions, covenants, and restrictions contained in this Deed shall be covenants
running with the land, and shall, in any event, and without regard to technical classification or
EXHIBIT "B" TO
AGlRYMMM'F(31UPVK '€SASE
designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the
benefit and in favor of, and enforceable by Grantor, its successors and assigns, and the City of
Palm Springs and its successors and assigns, against Grantee, its successors and assigns, to or of the
Property conveyed herein or any portion thereof or any interest therein, and any party in possession
or occupancy of said Property or portion thereof.
F. In amplification and not in restriction of the provisions set forth hereinabove, it is
intended and agreed that Grantee shall be deemed a beneficiary of the agreements and covenants
provided hereinabove both for and in its own right and also for the purposes of protecting the
interests of the community. All covenants without regard to technical classification or designation
shall be binding for the benefit of Grantee and such covenants shall run in favor of Grantee for the
entire period during which such covenants shall be in force and effect, without regard to whether
Grantee is or remains an owner of any land or interest therein to which such covenants relate.
Grantee shall have the right, in the event of any breach of any such agreement or covenant, to
exercise all the rights and remedies, and to maintain any action at law or suit in equity or other
proper proceedings to enforce the curing of such breach of agreement or covenant.
G. Both Grantor and its successors and assigns, and Grantee and the successors and
assigns of Grantee in and to all or any part of the fee title to the Property, shall have the right to
consent and agree to changes in, or to eliminate in whole or in part, any of the covenants,
easements, or restrictions contained in this Grant Deed without the consent of any tenant, lessee,
easement holder, licensee, mortgages, trustee, beneficiary under a deed of trust, or any other
person or entity having any interest less than a fee in the Property.
[end - signature page follows]
ENHIBIT "B" TO
AGIfft °41~°ff'FbR!PtEI'ftASE
IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be executed
on their behalf by their respective officers or agents hereunto duly authorized this day of
i
"GRANTEE"
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM
SPRINGS, a pub is bpdy,
corporate and poi id
r
By: Ex ti e Director
ATTEST: r
l'Secretary ,IKE COL AW UNITY REDEV
APPROVED AS TO FOM: / A 3�10�
RUTAN & TUCKER, LLP
e
By: Agency Counsel
"GRANTOR"
BETTY SCHIERMEISTER
ci
[END OF SIGNATURES]
EXHIBIT "B" TO
AGIffWf°I�'Y"��t3Y�'�1ffftASE
EXHIBIT "1"
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF RIVERSIDE, AND IS DESCRIBED AS
FOLLOWS:
ASSESSOR'S PARCEL NO:
EXHIBIT 11 V
627/014084-000513285037.1 .09/10/99 TO GRANT DEED
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