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HomeMy WebLinkAboutContracts & Agreements_55d-1999_CCv0001.pdf AGREEMENT REGARDING PURCHASE OF FEE INTEREST This Agreement is made and entered into on this 1st da of between the City of Redlands (hereinafter referred to as "City"), June and Marjorie Bell ell Hoat and !� (hereinafter referred to as "Owner"). son, REC— CITAI S WHEREAS, Owner is the fee owner of that real property more particularly described in Exhibit "A" which is attached hereto and incorporated herein by this reference (hereinafter the It 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 apprized, 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 this Agreement relative to Owner's interest in the Subject Property and all matters relating thereto; and J 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 settle ment 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 Marjorie Bell Hoatson agree as follows: I• City shall pay to Owner the total sum of $2,900.00 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 6 r r ( employees and agents from any and all causes of action, judgements, liens obligations, losses, claims, damages, liabilities and demands of whatsoever kind r indebtedness, dness , o 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 sett lement 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 loss of business goodwill and unreasonable precondemnation activity; property,claim any, made or could have made under the Relocation Law (Government Code Section 72 0, etese.) 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 Ci its elected officials, officers, employees or agents in connection with the ca City, project for which the Subject Property is acquired. ing out of the public 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." & 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 brie 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 o n any location of the property, which is the subject of this Agreement. It is expressly ualleged claim, demand, liability or cause of action in any manner arising out of the oc cupancy and nderstood that Owner will assist and cooperate with City in any eminent domain action if requested by City. 9• This Agreement may be pleaded as a full and complete defense to and may be used 2 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 hall 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 rigs and/or the interests + htof 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 an improvement and/or project. y public 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 1st day of June 1999, at Redlands, California. CITY OWNER Willia E. Cunningham, or Marjorie Bell Hoatson Attest: City erk 3 EXHIBIT-A- ADDITIONAL DEDICATION IN A.P.N.299-011-03 THAT PORTION OF LOT 2,JUDSON'S SUBDIVISION OF LOT 39,BLOCK 77,RANCHO SAN BERNARDINO,IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 17 OF MAPS,PAGE 26,OFFICIAL RECORDS OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2 LYING ON THE WEST LINE OF LOT 39,BLOCK 77,RANCHO SAN BERNARDINO AS SHOWN ON SAID MAP OF JUDSON'S SUBDIVISION, THENCE ALONG SAID WEST LINE OF LOT 39 NORTH 00*3243-WEST 160.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00*3243*WEST 50-00 FEET; THENCE NORTH 89045,53,EAST 39.83 FEET; THENCE SOUTH 00-06-02-WEST 50-00 FEET; THENCE SOUTH 89°45'5 FEET TO THE POINT OF BEGINNING. 3'WEST 39.26 THE INTENTION OF THIS DESCRIPTION IS TO DEDICATE A STRIP OF LAND 44.00 FEET IN WIDTH, MEASURED AT RIGHT ANGLES TO,AND PARALLEL WITH THE CENTERLINE OF WABASH AVENUE, AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 36 OF RECORDS OF SURVEY,PAGES 63 AND 64,OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO. PREPARED BY. MAKULU K. HARTWICK,L.S. 285-1 MnAWDOC Addenda F - 19