HomeMy WebLinkAboutA3799 - RICHARD BARRENA VAL VISTA TRACT MO 5951 Richard W & Brenda E Barrena
. Acquisition Agreement
Lot 12, Val Vista Tract
AGREEMENT #3799
M05951, 5-7-97
File No. R-97-019
Project: Acquisition of Barrena Property
A.P.N.: 680-073-004
Page 1 of 4
ACQUISITION AGREEMENT
This agreement is made by and between the CITY OF PALM SPRINGS,
herein called "CITY," and Richard W. Barrena and Brenda E. Barrena, husband and
wife herein called "Grantor."
Grantor agrees to execute and will deliver to the designated escrow
company, a Grant Deed identified as A.P.No. 680-073-004 described and shown in
Exhibit "A" attached and made a part hereof in consideration of which it is mutually
agreed as follows:
1 . The City shall:
A. Pay to the order of Grantor the sum of $41,000.00 for the
property, or interest therein, conveyed by said deed, when title to said property or
interest vests in City free and clear of all liens, encumbrances, easements, leases
(recorded or unrecorded), and taxes except those encumbrances and easements
which, in the sole discretion of the City, are acceptable.
B. Handle real property taxes, bonds, and assessments in the
following manner:
1 . All real property taxes shall be prorated, paid, and
canceled pursuant to the provisions of Section 5081 et. seq., of the Revenue and
Taxation Code.
2. Escrow Co., is authorized to pay from the amount
shown in Paragraph 1 A herein, any unpaid taxes together with penalties, cost and
interest thereon, and any bonds or assessments that are due on the date title is
transferred to the City.
C. Pay all title, escrow and recording. fees incurred in this
transaction, and if title insurance is desired by City, the premium charged therefore.
D. City agrees to satisfy the Grantors following conditions:
1 . None
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2. Grantor shall:
A. Indemnify, defend, and hold City, its officers, employees,
agents, successors, and assigns free and harmless from and against any and all
claims, liabilities, penalties, forfeitures, losses, or expenses, including without
limitation, attorneys' fees, whatsoever, arising from or caused in whole or in part,
directly or indirectly, by either (a) the presence in, on, within, under, or about the
parcel of hazardous materials, toxic substances, or hazardous substances as a result
of Grantor's use, storage, or generation of such materials or substances or (b)
Grantor's failure to comply with any federal, state, or local laws relating to such
materials or substances. For the purpose of this agreement, such materials or
substances shall include without limitation hazardous substances, hazardous materials,
or toxic substances as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et
seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.;
the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.; and
those substances defined as hazardous wastes in Section 25117 of the California
Health and Safety Code or hazardous substances in Section 25316 of the California
Health and Safety Code; and in the regulations adopted in publications promulgated
pursuant to said laws.
B. Be obligated hereunder to include without limitation, and
whether foreseeable or unforeseeable, all costs of any required or necessitated repair,
clean-up, detoxification, or decontamination of the parcel, and the preparation and
implementation of any closure, remedial action, or other required plans in connection
therewith, and such obligation shall continue until the parcel has been rendered in
compliance with applicable federal, state, and local laws, statutes, ordinances,
regulations, and rules.
3. Grantor hereby authorizes and directs the disbursements of funds
which are demanded under the terms of any Deed of Trust.
4. It is mutually understood and agreed by and between the parties
hereto that the right of possession and use of the subject property by City, including
the right to remove and dispose of improvements, shall commence upon the execution
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of this agreement by all parties. The amount shown in Paragraph 1 A includes, but is
not limited to, full payment for such possession and use.
5. Grantor hereby agrees and consents to the dismissal of any
condemnation action which has been or may be commenced by City in the Superior
Court of Riverside County to condemn said land, and waives any and all claim to
money that has been or may be deposited in court in such case or to damages by
reason of the filing of such action.
6. The performance by the City of its obligations under this
agreement shall relieve the City of any and all further obligations or claims on account
of the acquisition of the property referred to herein or on account of the location,
grade, or construction of the proposed public improvement.
7. This agreement shall not be changed, modified, or amended
except upon the written consent of the parties hereto.
8. This agreement is the result of negotiations between the parties
and is intended by the parties to be a final expression of their understanding with
respect to the matters herein contained. This agreement supersedes any and all other
prior agreements and understandings, oral or written, in connection therewith. No
provision contained herein shall be construed against the City solely because it
prepared this agreement in its executed form.
9. Grantor, their assigns and successors in interest, shall be bound
by all the terms and conditions contained in this agreement, and all the parties thereto
shall be jointly and severally liable thereunder.
10. The City is authorized to start the escrow process upon: 1)
Grantors execution of this Acquisition Agreement: 2) The approval by the City
Council of this Acquisition Agreement.
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Acquisition Agreement
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Dated:
��;7 Seller
Seller
RECOMMENDED FOR APPROVAL:
By� v� / � C—_�,� By:
E NIE G. BLEVINS ALLEN F. SMOOT, Director,
Right-of-Way Agent/Real Estate Department of Transportation
Transaction Coordinator
ATEST: CITY OF PALM SPRINGS, CALIFORNIA
By:_ 'j
City'Clerk it ana
APPROVED A5 T+j FORM
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File No. 97-019
The Barrena property at the S.W. corner of Calle De Ricardo and
Vella Road described as follows:
Being Lot 12 of Val Vista Tract Recorded in Map Book 20, Page 99
Records of Riverside County
a
EXHIBIT "A"
M E M O R A N D U M
DATE: June 5, 1997
TO: City Manager
FROM: Office of the City Clerk
1
RE: Richard & Brenda Barrena Acquisition Agreement-
CC: File
The City Attorney has indicated he is unwilling to sign the above mentioned
agreement. Do you wish to process the agreement without his signature? Or
proceed in some other manner?
Process without City Attorney signature (yes)
(Initials)
Process with City Attorney signature (yes)
(Initials)
Thanks.
Trisha