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HomeMy WebLinkAboutContracts & Agreements_89-2001_CCv0001.pdf AGREEMENT REGARDING PURCHASE OF FEE INTEREST This Agreement is made and entered into on this 19th day of June -,2001, by and between the City of Redlands (hereinafter referred to as "City"), and Target Community Schools, a California Non-profit Corporation, (hereinafter referred to as "Owner"). RECITALS WHEREAS, Owner is the fee owner of that real property more particularly described in Exhibits "A" and "B" which are attached hereto and incorporated herein by this reference (hereinafter the "Subject Property"); and WHEREAS, City has made a good faith offer to Owner to acquire the Subject Property for a public use pursuant to California eminent domain law; and WHEREAS,Owner has been apprised, and is aware, of the statutory requirements relating to appraisals, offers and pertinent procedural requirements as to the acquisition of the Subject Property, and all matters relating thereto; and WHEREAS, Owner is satisfied that the aforesaid procedural requirements have been fulfilled in the appraisal, negotiation and the terms and conditions of this Agreement relative to Owner's interest in the Subject Property and all matters relating thereto; and WHEREAS, the parties are in agreement and wish to provide for the payment to Owner by City for the acquisition of the Subject Property, for the City's public project and the settlement of all claims arising out of the public project as it affects Owner's interest in the Subject Property, Now, therefore, the City of Redlands and Target Community Schools, a California Non- profit Corporation, agree as follows: 1. City shall pay to Owner the total sum of$600.00 upon City's receipt of an executed deed conveying Owner's interest in the Subject Property to City, free and clear of all liens, encumbrances, conditions, assessments restrictions, easements, delinquent tax liens and all subleasehold interests, if any. 2. Owner warrants that there are no oral or written leases, sub-leases, rental agreements,licenses,ownership claim or other rights of possession and/or ownership on all or any portion of the Subject Property and agrees to defend, indemnify and hold the City harmless for any and all loss or expense occasioned by reason of any lease, sub-lease, rental agreement, license or other right of ownership, lien, encumbrance and/or possession held by any other party in the Subject Property. 3. Owner agrees that City has satisfied all legal requirements imposed by Government Code Sections 7261, 7267.1 and 7267.2. 4. Owner hereby releases and forever discharges City and its elected officials,officers, employees and agents from any and all causes of action, judgements, liens, indebtedness, obligations, losses, claims, damages, liabilities and demands of whatsoever kind or character in any manner whatsoever asserted or assertible as of, or prior to, the date of this Agreement and it is agreed that the consideration as provided by the terms of this Agreement is in full settlement of(i) any claim Owner has made or could have made in any eminent domain action against City, its elected officials, officers, employees or agents, including, but not limited, to claims for the Subject Property, including fixtures and equipment, the leasehold interest in the property, if any, loss of business goodwill and unreasonable precondemnation activity; (ii) any claim Owner has made or could have made under the Relocation Law (Government Code Section 7260, et seq.) against the City, its elected officials, officers, employees or agents,by reason of City's acquisition of the Subject Property; (iii) any claim Owner has made or could have made against City, its elected officials, officers, employees or agents in connection with the carrying out of the public project for which the Subject Property is acquired. 5. Owner represents, warrants and certifies under penalty of perjury that it has the authority to enter into and grant the settlement and releases herein given, and that it holds title to the Subject Property and that no document has been signed by or on behalf of Owner for the purpose of creating any lien, encumbrance or security interest, assignment, or transfer in the Subject Property. 6. The parties shall upon request, execute, acknowledge and deliver such documents or take such action as may be necessary or convenient to carry out this Agreement. 7. In consideration of this Agreement, Owner hereby releases City, its elected officials, officers, employees and agents and hereby waives any and all claims, liabilities and obligations in any matter against City, its elected officials, officers, employees and agents, arising out of Owner's ownership of or interest in the Subject Property, whether or not now known, suspected or claimed, including but not limited to, any claims for inverse condemnation, pre-condemnation damages,relocation benefits,business goodwill,and/or eminent domain. In this respect, Owner expressly waives the benefits and provisions of Section 1542 of the Civil Code of the State of California, which provides as follows: "A general release does not extend to claims which the creditor does not know or expect 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." S. Except for claims for damages, or other remedies arising out of violations or breaches of this Agreement by City, Owner further covenants and agrees that it will not bring, commence, institute, maintain or prosecute, or voluntarily aid any action at law, proceeding in equity including, but not limited to inverse condemnation or eminent domain, or otherwise prosecute or sue City, its elected officials, officers, employees and agents, either affirmatively or by way of cross-complaint, defense or counterclaim or by any other manner or at all, on any alleged claim, demand, liability or cause of action in any manner arising out of the occupancy and location of the property, which is the subject of this Agreement. It is expressly understood that Owner will assist and cooperate with City in any eminent domain action if requested by City. 2 9. This Agreement may be pleaded as a full and complete defense to and may be used as the basis for any injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted by any party hereto in breach thereof. 10. The parties hereto agree that neither this Agreement, nor the payment of any consideration hereunder, nor the execution, nor the doing of any act hereunder shall be taken or construed to be at any time or place an admission on the party of any party that they or any of them have at any time or in any manner violated the rights and/or the interests of any party. 11. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration of said document and shall relieve the City, its elected officials, officers, employees and agents of all further obligations or claims of this account, or on account of the location, construction, implementation of any public improvement and/or project. 12. In this Agreement, time is of the essence. 13. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, this Agreement is executed this 19th day of June 2001, at Redlands, California. CITY OWNER Target Community Schools, a California Non-profit Corporation By: '1 (,/,eo" Pat Gilbreath, Mayor Joan C. Tellefson, President Board of Directors Attest: City erk 3 EXHIBIT"A" LEGAL DESCRIPTION That portion of that certain parcel of land conveyed to Target Community Schools,a California non-profit corporation, by Deed recorded April 26, 1990, as Instrument No. 1990-163000, Official Records of San Bernardino County, California. Said portion being the West 4 feet of Lot 3 of the following described parcel: Lot 3, Block 1, Lugonia Heights, in the City of Redlands, County of San Bernardino, State of California, as per map recorded in Book 8 of Maps, page 12, in the Office of the County Recorder of said County. Affects: APN 170-071-04 Contains: Approximately 200 square feet C0. A ........... CITY OF REDLANDS COUNTY OF SAN BERNARDINO 0 1"=20' CHURCH STREET a 50.10' APN 170-071-04 � I �QR�EESStOyq� I I Q. JN,I D 112 I f RIGHT-OF-WAY PLAT EXHIBIT "B" LEGEND - - EXIST RIGHT-OF-WAY LINE - - PROPERTY LINE PREPARED BY: -. - PROPOSED RIGHT-OF-WAY LINE JOHN EGAN & ASSOCIATES, INC. CONSULTING ENGINEERS AGREEMENT REGARDING PURCHASE OF FEE INTEREST This Agreement is made and entered into on this L day of 2001, by and between the City of Redlands (hereinafter referred to as "City"), and-thurch of Religious Science of Redlands, California, a California Corporation, (hereinafter referred to as "Owner"). RECITALS WHEREAS, Owner is the fee owner of that real property more particularly described in Exhibits "A" and "B" which are attached hereto and incorporated herein by this reference (hereinafter the "Subject Property"); and WHEREAS, City has made a good faith offer to Owner to acquire the Subject Property for a public use pursuant to California eminent domain law; and WHEREAS,Owner has been apprised, and is aware, of the statutory requirements relating to appraisals, offers and pertinent procedural requirements as to the acquisition of the Subject Property, and all matters relating thereto; and WHEREAS, Owner is satisfied that the aforesaid procedural requirements have been fulfilled in the appraisal, negotiation and the terms and conditions of this Agreement relative to Owner's interest in the Subject Property and all matters relating thereto; and WHEREAS, the parties are in agreement and wish to provide for the payment to Owner by City for the acquisition of the Subject Property, for the City's public project and the settlement of all claims arising out of the public project as it affects Owner's interest in the Subject Property, Now, therefore, the City of Redlands and Church of Religious Science of Redlands, California, a California Corporation, agree as follows: 1. City shall pay to Owner the total sum of$108.00 upon City's receipt of an executed deed conveying Owner's interest in the Subject Property to City, free and clear of all liens, encumbrances, conditions, assessments restrictions, easements, delinquent tax liens and all subleasehold interests, if any. 2. Owner warrants that there are no oral or written leases, sub-leases, rental agreements, licenses,ownership claim or other rights of possession and/or ownership on all or any portion of the Subject Property and agrees to defend, indemnify and hold the City harmless for any and all loss or expense occasioned by reason of any lease, sub-lease, rental agreement, license or other right of ownership, lien, encumbrance and/or possession held by any other party in the Subject Property. 3. Owner agrees that City has satisfied all legal requirements imposed by Government Code Sections 7261, 7267.1 and 7267.2. 4. Owner hereby releases and forever discharges City and its elected officials,officers, employees and agents from any and all causes of action, judgements, liens, indebtedness, obligations, losses, claims, damages, liabilities and demands of whatsoever kind or character in any manner whatsoever asserted or assertable as of, or prior to, the date of this Agreement and it is agreed that the consideration as provided by the terms of this Agreement is in full settlement of(i) any claim Owner has made or could have made in any eminent domain action against City, its elected officials, officers, employees or agents, including, but not limited, to claims for the Subject Property, including fixtures and equipment, the leasehold interest in the property, if any, loss of business goodwill and unreasonable precondemnation activity; (ii) any claim Owner has made or could have made under the Relocation Law (Government Code Section 7260, et seq.) against the City, its elected officials, officers, employees or agents,by reason of City's acquisition of the Subject Property.- (iii) any claim Owner has made or could have made against City, its elected officials, officers, employees or agents in connection with the carrying out of the public project for which the Subject Property is acquired. 5. Owner represents, warrants and certifies under penalty of perjury that it has the authority to enter into and grant the settlement and releases herein given, and that it holds title to the Subject Property and that no document has been signed by or on behalf of Owner for the purpose of creating any lien, encumbrance or security interest, assignment, or transfer in the Subject Property. 6. The parties shall upon request, execute, acknowledge and deliver such documents or take such action as may be necessary or convenient to carry out this Agreement. 7. In consideration of this Agreement, Owner hereby releases City, its elected officials, officers, employees and agents and hereby waives any and all claims, liabilities and obligations in any matter against City, its elected officials, officers, employees and agents, arising out of Owner's ownership of or interest in the Subject Property, whether or not now known, suspected or claimed, including but not limited to, any claims for inverse condemnation, pre-condemnation damages,relocation benefits,business goodwill,and/or eminent domain. In this respect, Owner expressly waives the benefits and provisions of Section 1542 of the Civil Code of the State of California, which provides as follows: "A general release does not extend to claims which the creditor does not know or expect 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." 8. Except for claims for damages, or other remedies arising out of violations or breaches of this Agreement by City, Owner further covenants and agrees that it will not bring, commence, institute, maintain or prosecute, or voluntarily aid any action at law, proceeding in equity including, but not limited to inverse condemnation or eminent domain, or otherwise prosecute or sue City, its elected officials, officers, employees and agents, either affirmatively or by way of cross-complaint, defense or counterclaim or by any other manner or at all, on any alleged claim, demand, liability or cause of action in any manner arising out of the occupancy and location of the property, which is the subject of this Agreement. It is expressly understood that Owner will assist and cooperate with City in any eminent domain action if requested by City. 2 9. This Agreement may be pleaded as a full and complete defense to and may be used as the basis for any injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted by any party hereto in breach thereof. 10. The parties hereto agree that neither this Agreement, nor the payment of any consideration hereunder, nor the execution, nor the doing of any act hereunder shall be taken or construed to be at any time or place an admission on the party of any party that they or any of them have at any time or in any manner violated the rights and/or the interests of any party. 11. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration of said document and shall relieve the City, its elected officials, officers, employees and agents of all further obligations or claims of this account, or on account of the location, construction, implementation of any public improvement and/or project. 12. In this Agreement, time is of the essence. 13. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, this Agreement is executed this le0ay of 2001, at Redlands, California. CITY OWNER Pat Gilbreath, Mayor .0urch of Religious Science of Redlands, California Attest: Iff i�,,C—Ierk 3 EXHIBIT"A" LEGAL DESCRIPTION That portion of that land conveyed to Church of Religious Science of Redlands, California, a California Corporation, recorded on November 15, 1960, in Book 5283, Page 189, Official Records of San Bernardino County, California. Said portion being the triangular-shaped portion bound on the west by the west line of said land, on the south by the south line of said land, on the east by the arc of a curve, concave northeasterly,tangent to aforementioned west and south lines and having a radius of 13 feet of Lot 6 and 7,Block 2, Lugonia Heights, in the County of San Bernardino, State of California, as per plat recorded in Book 8 of Maps, Page(s) 12, records of said County Affects: APN 170-072-39 Contains: Approximately 36 square feet Iss 40 1!t No. 00 IVI F CITY OF REDLANDS COUNTY OF SAN BERNARDINO 0 1"=20' CHURCH STREET r o I 39' L=20.43' R=13' W I l � I APN 17Q-072-39 I issl c E t I RIGHT—OF— WAY PLAT .a EXHIBIT "B" cr- NO. LEGEND v, — — EXIST RIGHT—OF—WAY LINE — — PROPERTY LINE PREPARED BY: PROPOSED RIGHT—OF—WAY LINE JOHN EGAN & ASSOCIATES, INC. EXIST STRUCTURE CONSULTING ENGINEERS AGREEMENT REGARDING PURCHASE OF FEE INTEREST This Agreement is made and entered into on this 19th day of June 2001, by and between the City of Redlands (hereinafter referred to as "City"), and Ellen R. Baum, Trustee under Declaration of Trust dated April 8, 1997, (hereinafter referred to as "Owner"). RECITALS WHEREAS, Owner is the fee owner of that real property more particularly described in Exhibits "A" and "B" which are attached hereto and incorporated herein by this reference (hereinafter the "Subject Property"); and WHEREAS, City has made a good faith offer to Owner to acquire the Subject Property for a public use pursuant to California eminent domain law; and WHEREAS,Owner has been apprised, and is aware, of the statutory requirements relating to appraisals, offers and pertinent procedural requirements as to the acquisition of the Subject Property, and all matters relating thereto; and WHEREAS, Owner is satisfied that the aforesaid procedural requirements have been fulfilled in the appraisal, negotiation and the terms and conditions of this Agreement relative to Owner's interest in the Subject Property and all matters relating thereto; and WHEREAS, the parties are in agreement and wish to provide for the payment to Owner by City for the acquisition of the Subject Property, for the City's public project and the settlement of all claims arising out of the public project as it affects Owner's interest in the Subject Property, Now, therefore, the City of Redlands and Ellen R. Baum, Trustee under Declaration of Trust dated April 8, 1997, agree as follows: 1. City shall pay to Owner the total sum of$108.00 upon City's receipt of an executed deed conveying Owner's interest in the Subject Property to City, free and clear of all liens, encumbrances, conditions, assessments restrictions, easements, delinquent tax liens and all subleasehold interests, if any. 2. Owner warrants that there are no oral or written leases, sub-leases, rental agreements, licenses,ownership claim or other rights of possession and/or ownership on all or any portion of the Subject Property and agrees to defend, indemnify and hold the City harmless for any and all loss or expense occasioned by reason of any lease, sub-lease, rental agreement, license or other right of ownership, lien, encumbrance and/or possession held by any other party in the Subject Property. 3. Owner agrees that City has satisfied all legal requirements imposed by Government Code Sections 7261, 7267.1 and 7267.2. 4. Owner hereby releases and forever discharges City and its elected officials, officers, employees and agents from any and all causes of action, judgements, liens, indebtedness, obligations, losses, claims, damages, liabilities and demands of whatsoever kind or character in any manner whatsoever asserted or assertable as of, or prior to, the date of this Agreement and it is agreed that the consideration as provided by the terms of this Agreement is in full settlement of(i) any claim Owner has made or could have made in any eminent domain action against City, its elected officials, officers, employees or agents, including, but not limited, to claims for the Subject Property, including fixtures and equipment, the leasehold interest in the property, if any, loss of business goodwill and unreasonable precondemnation activity; (ii) any claim Owner has made or could have made under the Relocation Law (Government Code Section 7260, et seq.) against the City, its elected officials, officers, employees or agents,by reason of City's acquisition of the Subject Property; (iii) any claim Owner has made or could have made against City, its elected officials, officers, employees or agents in connection with the carrying out of the public project for which the Subject Property is acquired. 5. Owner represents, warrants and certifies under penalty of perjury that it has the authority to enter into and grant the settlement and releases herein given, and that it holds title to the Subject Property and that no document has been signed by or on behalf of Owner for the purpose of creating any lien, encumbrance or security interest, assignment, or transfer in the Subject Property. 6. The parties shall upon request, execute, acknowledge and deliver such documents or take such action as may be necessary or convenient to carry out this Agreement. 7. In consideration of this Agreement, Owner hereby releases City, its elected officials, officers, employees and agents and hereby waives any and all claims, liabilities and obligations in any matter against City, its elected officials, officers, employees and agents, arising out of Owner's ownership of or interest in the Subject Property, whether or not now known, suspected or claimed, including but not limited to, any claims for inverse condemnation, pre-condemnation damages,relocation benefits,business goodwill,and/or eminent domain. In this respect, Owner expressly waives the benefits and provisions of Section 1542 of the Civil Code of the State of California, which provides as follows: "A general release does not extend to claims which the creditor does not know or expect 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." S. Except for claims for damages, or other remedies arising out of violations or breaches of this Agreement by City, Owner further covenants and agrees that it will not bring, commence, institute, maintain or prosecute, or voluntarily aid any action at law, proceeding in equity including, but not limited to inverse condemnation or eminent domain, or otherwise prosecute or sue City, its elected officials, officers, employees and agents, either affirmatively or by way of cross-complaint, defense or counterclaim or by any other manner or at all, on any alleged claim, demand, liability or cause of action in any manner arising out of the occupancy and location of the property, which is the subject of this Agreement. It is expressly understood that Owner will assist and cooperate with City in any eminent domain action if requested by City. 2 9. This Agreement may be pleaded as a full and complete defense to and may be used as the basis for any injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted by any party hereto in breach thereof. 10. The parties hereto agree that neither this Agreement, nor the payment of any consideration hereunder, nor the execution, nor the doing of any act hereunder shall be taken or construed to be at any time or place an admission on the party of any party that they or any of them have at any time or in any manner violated the rights and/or the interests of any party. 11. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration of said document and shall relieve the City, its elected officials, officers, employees and agents of all further obligations or claims of this account, or on account of the location, construction, implementation of any public improvement and/or project. 12. In this Agreement, time is of the essence. 13. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, this Agreement is executed this qday of J 2001, at Redlands, California. CITY OWNER ?T, ) 4- Pat Gilbreath, Mayor Ellen R. Baum Trustee under Declaration of Trust dated April 8, 1997 Attest: City Clerk 3 EXHIBIT"A" LEGAL DESCRIPTION That portion of the land conveyed to Ellen R. Baum, as Trustee under declaration of Trust dated April 8, 1997, for the benefit of Ellen R. Baum, recorded on April 22., 1997, as Instrument No. 19970139451, Official Records of San Bernardino County, California. Said portion being described as follows: The triangular-shaped portion bound on the south by the south line of said land, on the west by the west line of said land, on the east by the arc of a curve, concave southeasterly,tangent to aforementioned south and west lines and having a radius of 13 feet. Said land being Lots 6 and 7, Block 1, Lugonia Heights, in the City of Redlands,County of San Bernardino, State of California, as per plat recorded in Book 8 of Maps, Page(s) 12, records of said County. EXCEPT the northerly 40 feet of Lot 6. Affects: APN 170-071-01 Contains: Approximately 36 square feet No*29MI le OF CITY OF REDLANDS COUNTY OF SAN BERNARDINO 0 1 ' =20' CHURCH STREET d ZI a H r. 4O R--13' APN 170-071-01 I pFissi 1191, ?ell RIGHT--OF-WAY PLAT EXHIBIT "B" 1+0- LEGEND -- — EXIST RIGHT--OF—WAY LINE PROPERTY LINE PREPARED BY: PROPOSED RIGHT—OF—WAY LINE JOHN EGAN do ASSOCIATES, INC- EXIST STRUCTURE CONSULTING ENGINEERS