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HomeMy WebLinkAboutA4379 - HECTOR RODRIGUEZ PROPERTY ACQUISITION EMINENT _ector Rodriguez roperty Acquisition AGREEMENT #4379 R20098, 7-5-01 Palm Springs Regional Airport Assessor's Parcel No. 680-072-006 ACQUISITION OF REAL PROPERTY AGREEMENT THIS AGREEMENT is entered into on this �i day of (u� 2001, by and between the CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION (hereinafter called "City"), and HECTOR RODRIGUEZ, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY (hereinafter called "Grantor"), for acquisition by City of certain real property interests as hereinafter described. WHEREAS, City desires to acquire all of Grantor's right, interest, and title in and to the Grantor's real property; and WHEREAS, Grantor desires to sell to City said real property interests; and WHEREAS, in compliance with the Eminent Domain Laws of the State of California, City has established an amount believed to be just compensation for said property interests and has advised Grantor of the basis for its determination of just compensation; and WHEREAS, Grantor has accepted City's offer as fair and just compensation for the hereinafter described real property interests and acknowledges said compensation is no less than fair market value. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE Grantor agrees to sell to City, and City agrees to purchase from Grantor, upon the terms and for the consideration set forth in this Agreement, fee simple marketable title in and to the following described Property (hereinafter call "Property") LOT 6 OF VAL VISTA TRACT, AS SHOWN BY MAP ON FILE IN BOOK 20 PAGES(S) 99, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 1-rt 2,1998 E MCLIENTS0*.,Spnnlc\Ac4m+unn\PS PHASEII\@NnpucxlAyrccmmtlm 2. PURCHASE PRICE The total purchase price, payable in cash through escrow shall be the sum of ONE HUNDRED EIGHTY FIVE THOUSAND DOLLARS ($185,000.00). 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 investigations, planning, precondemnation activity, and acquisition of the Property by City, including, but not limited to, value of real property rights, severance damages, value of improvements pertaining to the Property, if any, compensation for loss of goodwill, if any, precondemnation damages, interest, costs, disbursements and expenses incurred in connection with the acquisition of the subject property and improvements pertaining to the Property, if any, subsequent removal of any items retained by Grantor, and the establishment, construction, operation, and maintenance of the project for which the Property is being acquired by the City. Grantor hereby waives and releases City and its officers, employees and agents from and against any and all claims, actions demands and suits relating to any of the foregoing. This release extends to all such claims which now exist or which may arise in the future, whether or not such claims are known to Grantor, and Grantor hereby expressly waives his rights under California Civil Code Section 1542 which provides as follows: "1542, General Release; extent 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 materially affected his settlement with the debtor." Payment under this Agreement shall be made after City obtains a standard CLTA policy of title insurance showing fee simple marketable title as identified in Paragraph 3 below. 3. ESCROW AND TITLE INSURANCE City agrees to open an escrow in accordance with this Agreement at Stewart Title of California- Escrow Department, Palm Desert, California. City agrees to pay all usual fees, charges and costs which arise in the escrow. When Escrow Holder holds for City the Grant Deed in favor of City executed and acknowledged by Grantor covering the Property, Escrow Holder shall cause to be issued and delivered to City, as of the Closing Date, a CLTA standard coverage policy of title insurance or, upon City's request therefor, an ALTA standard or extended coverage policy of title insurance ("Title Policy"), issued by Stewart Title, with liability in the amount of the purchase price, covering the Property and showing title vested in City free of encumbrances, except: (a) All non-delinquent general and special real property taxes and assessments for the current fiscal year; lu�1,2, 1998 F\0v 1,.N-PMCLIENTSIPtlm Spmipn\A.ywwunn\PS PHASEII1Po .,..lAu .,,¢ni.fnn —2 (b) The standard printed exceptions and exclusions contained in the CLTA or ALTA form policy; (c) Any exceptions created or consented to in writing by City, including without limitation, any exceptions arising by reason of City's possession of or entry on the Property. City agrees to pay the premium charged therefor. 4. INDEMNIFICATION FOR UNRECORDED INTERESTS Upon title vesting in City, Grantor warrants that there are no unrecorded encumbrances (including but not limited to liens, leases, easements, or licenses) on all or any portion of the Property, and Grantor agrees to hold the City harmless, defend, and indemnify the City for any and all of City's losses and expenses, including reasonable attorney fees, occasioned by reason of any such encumbrance of said Property. 5. ACQUISITION BY STIPULATED JUDGMENT IN LIEU OF DEED In the event Grantor is unable to deliver title in a reasonable time in accordance with the terms of this Agreement, the City may file an action in eminent domain to pursue the acquisition of the Property. Grantor agrees to waive all claims and defenses to such an action and agrees that this contract shall constitute a stipulation which may be filed in such action as final and conclusive evidence of just compensation for the acquisition, including all of the items provided in Chapter 9, Title 7 of the Code of Civil Procedure commencing with Section 1263.010. 6. CONSENT TO DISMISSAL OF CONDEMNATION Grantor hereby agrees and consents to the dismissal of any eminent domain action which may be filed by the City to acquire said Property and waives any and all claim to money that may be deposited in the Superior Court in such an action, and any claim for any compensation for the City's acquisition of the Property, apart from payment of the purchase price, and any claim to any other damage, litigation cost or expense, attorney fees or fees of appraisers, engineers, or other experts, or any other damage or claim to payment. 7. CONVEYANCE OF INTEREST Grantor agrees to convey by Grant Deed to City title in and to said Property as described in Section 1 of this Agreement. mm 1, 1998 P:10vuflai1d MCLIENTSIPA11115prinm\M4u:auonlP9 PVIASEII1NNnuuczVFgreemnn.lnn -3- 8. HAZARDOUS MATERIALS It is understood that the Property does not appear to contain hazardous substances (as that term is defined under California Health and Safety Code Section 33459(b) including but not limited to gasoline/oil storage tanks, fertilizer or pesticide storage tanks, or any contaminant ("Contamination"). In the event that any facts or circumstances arise which indicate the presence of such contamination, the City reserves the right to rescind and revoke this Agreement at any time prior to close of escrow. Further, in the event the City discovers such soil contamination after it acquires the Property, the City reserves all rights and remedies it may have against Grantor and all prior owners to seek damages or other remedies in connection with any remediation or other obligations the City incurs as a result of the contamination, as may be permitted or authorized by any law, including but not limited to CERCLA (42 U.S.C. §9601 et seq.), RCRA (42 U.S.C. §6901 et seq.), the Hazardous Waste Control Law (California Health & Safety Code Section 25100, et seq.), the Porter Cologne Act(California Water Code Section 13000 et seq.) California Health& Safety Code Sections 25280 et seq. and 33459 et seq., and the provisions of Proposition 65. 9. POSSESSION OF PROPERTY 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 City, including the right to remove and dispose of improvements, shall commence on the close of escrow controlling this transaction. 10. COUNTERPARTS This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 11. ATTORNEYS' FEES In the event any legal action is brought to enforce the terms of this Agreement or to recover damages for its breach, the prevailing party shall be entitled to reasonable attorneys' fees therein as well as attorney's fees incurred in enforcing any judgement pertaining thereto. 12, NOTICES Any notices or documents to be mailed or delivered shall be addressed to or delivered as follows: mim?,1998 110...l nJ-POIQIENTS\Polm Spnn5+b44uivunn\PS PHASEII1RuJn!'uezlAyrtenmin lm -4- Grantor: Hector Rodriguez P.O. Box 1351 Corona, CA 91718 City: City of Palm Springs 3400 E. Taquitz Canyon Way Palm Springs, CA 92263 Attn: Al Smoot, Director of Transportation 13. BINDING ON HEIRS AND ASSIGNS The terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, successors and assigns of the parties hereto. 14. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties, and neither party relies upon any warranty, promise, representation, or agreement not contained in writing herein. This agreement may only be amended in writing, by instrument signed by both parties. 15. TIME OF THE ESSENCE Time is of the essence of this agreement and each party shall promptly execute all documents necessary to effectuate the intent herein and shall perform in strict accordance with each of the herein above provisions. 16. NO WAIVER OF CONDITIONS OF APPROVAL Nothing in this agreement shall be construed as a waiver of any of the conditions of any approval granted or adopted in connection with the property or any larger parcel or parcels of land of which the property is a part, including, but not limited to, any condition imposing an obligation to reimburse the City or others for the costs of construction, operations, maintenance, or right of way for public improvements nor shall anything in this Agreement affect any assessment, special assessment, tax, user charge, or other fee or charge imposed by the city or any other public entity. J! 1—2, 1998 F 10vcd.n dMCLIENTSPoIIn$prlllpelAa...... lPS PNASEII\RnJnpuezlApre:nm011mi _5_ IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. GRANTOR: CITY: Hector Rodriguez CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION Hector Rodriguez City Manager By: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney RECOMMENDED FOR APPROVAL: a 0) RV UGC[- CA -i' C JUGS( �L Jmr 2,1998 FZ111WbM\CUENTSW,1n, -6- EXHIBIT A Legal Description LOT 6 OF VAL VISTA TRACT, AS SHOWN BY MAP ON FILE IN BOOK 20 PAGES(S) 99, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. Imml,1998 _ fp0veriniJ-Pp1CL1ENT51Palin SprinedAuyunmmtlPS PHdSEIIIRidnyuuzlAgrcev¢M Imp —� ACQUIRING AGENT'S CERTIFICATION 1.The attached acquisition contract embodies all of the considerations agreed upon between the undersigned and the property owner. 2.The attached acquisition contract was obtained without coercion, promises other than those shown in the contract, or threats of any kind whatsoever by or to either party. 3.I have no direct or indirect present or contemplated future personal interest in the property being acquired or in any way benefit from the acquisition of subject property. By: Acquiring Agent Date: