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AGREEMENT REGARDING PURCHASE OF FEE INTEREST
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This Agreement is made and entered into on this 1st day of June
between the City of Redlands (hereinafter referred to as Cit 1499, by and
(hereinafter referred to as "Owner"). Y ), and Viney and Vandana Soni,
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REC— ITALS
WHEREAS, Owner is the fee owner of that real property
Exhibit "A" which is attached Hereto and incorporated herein b this reLen�cularly described in
"Subject Property"); and Y n�e (hereinafter the
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
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 Viney and Vandana Soni agree as follows:
I• City shall pay to Owner the total sum of $13,975.00 upon City's receipt of an
executed deed conveying Owner's intCrest ire &-e Sub;act Pro-Ie y t
liens, encumbrances, conditionso city, f=ee and clear of all
subleasehold interests, if any. , assessments restrictions, easements, delinquent tax liens and all
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
Subject Property. the
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,
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employees and agents from any and all causes of action, judgements, liens, indebtedn
obligations, losses, claims, damages, liabilities and demands of whatsoever kind or ess,e
any manner whatsoever asserted or assertible as of, or prior to, the date of this Agreement r in
it is agreed that the consideration as provided by the terms of this Agreement is in full settlemeand
nt
of(i) any claim Owner has made or could have made in any eminent domain action
agait ell its elected officials, officers, employees or agents, including, but not limited, to claims for they
.� Subject Property, including fixtures and equipment, the leasehold interest in t
loss of business goodwill and unreasonable precondemnation activity; he property, e any,
made or could have made under the Relocation Law (Government Code Sect on 7260,y cim et se as
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
electAd officials; officers; en),?loyees or agents in cormection with the a ; Y
project for which the Subject Pro c nY-ng o,1t of the public
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 C
the State of California, which provides as follows: ode of
,.A �er�eral revea ' dces no,- ex`enui 1 YTM : - .
c a_ h _'� the et;;d
expect to exist in his favor aitol does know or
t the time of executing the release, which if known by
him must have materially affected his settlement with the debtor.
of
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 i
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 an
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 tha
Owner will assist and cooperate with City in any eminent domain action if requested b Cit . t
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g. This Agreement may be pleaded as a full and complete defense to and may be used
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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.
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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.
1 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 accoun' a the location r � �
�n.,truc s'or., im-olemP*�tario-, c f ary public
improvement and/or project. -
12. In this Agreement, time is of the essence.
13. This Agreement shall Sind 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 11 day of PVA_
1999, at Redlands, California. 1st '
June
CITY OWNER
4WilliE. Cu gham, ayor Viey Som
Vandana Soni
Attest'.
i�
City erk - 7-/
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- . EXHIBIT*A
ADDITIONAL DEDICATION IN A,P.N. 168-291-02
THAT PORTION OF THE SOUTHEAST%OF SECTION 24 TOWNSHIP
BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, COUNTY D 1 Ste' RANGE 3 WEST, SAN
CALIFORNIA, DESCRIBED AS FOLLOWS: SAN BERNARDINO, STATE OF
BEGINNING AT THE CENTERLINE INTERSECTION OF WABASH AVENUE AND COLTON AVENUE AS
SHOWN ON TRACT NO. 13282 AS PER PLAT RECORDED IN BOOK 200 OF
OFFICIAL RECORDS OF SAID COUNTY, THENCE ALONG MAPS, PEES A AND 84,
AVENUE NORTH 00.04'35•WEST 698.27 FEET TO THE SOLE CENTERLINE CORN OF SAID WABASH
13282; THENCE ALONG THE SOUTH UNE OF SAID SOUTHEAST CORNER OF SAID
THENCE PARALLEL TO SAID CENTERLINE OF WABASHTRACT NORTH 89 341 TRACT NO.
FEET TO THE BEGINNING OF A CURVE CONCAVp AVENUE SOUTH 00 04'35TE48�T 33
FEET; THENCE SOUTHWESTERLY 134.36 FEET ALONGRTHWESTERLY HAVING A RADIUS OF 556.00
ANGLE OF 13.50'45'TO THE BEGINNING OF A REVESE CURVE CONCAVE THROUGHCEEgSNTRALY
HAVING A RADIUS OF 644.00 FEET A RADIAL LINE TO SAID POINT HAVING A BEARING OF SOUTH
76.13'50'EAST; THENCE SOUTHWESTERLY 153.64 FEET
CENTRAL ANGLE OF 13.40'08'; THENCE SO '�'pNG SAID CURVE THROUGH A
A CURVE CONCAVE NORTHWESTERLY HAVINGgO•�,02•WEST 5.13 FEET TO THE BEGINNING OF
SOUTHWESTERLY 20.42 FEET ALONG SAID CURVROUGH A CO FAL THENCE
THENCE NORTH 89.53'58'WEST 5.00 FEET TO THE BEGINNING OF q CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 644.00 FEET. CENTRAL ANGLE OF 90.00'00';
SAID CURVE THROUGH A CENTRAL AN � THENCE SOUTHWESTERLY 115.58 FEET ALONG
CURVE CONCAVE NORTHERLY HAVING OF 10 17'00 TO THE BEGINNING OF A REVERSE
HAVING A BEARING OF SOUTH 10.10'58'EgIUS OF 556.00 FEET,A RADIAL LINE TO SAID POINT
SAID CURVE THROUGH A CENTRAL AN - THENCE SOUTHWESTERLY 99.12 FEET ALONG
FEET TO THE EAST LINE OF THE PARCEL OF L 10 12"53', THENCE NORTH 89.58'05'WEST 343.95
DOCUMENT RECORDED NOVEMBER 9, 1987 AINSTRUMENT RANTS NO 873989D OFFICIALRANCH BY
OF SAID COUNTY; THENCE ALONG SAID EAST LINE SOUTH 00.10'52•EAST ' 00 FEET TO A
POINT ON THE CENTERLINE OF SAID COLTON AVENUE
; THENCESOUTH 89°58'05'EAST 654.40 FEET TO THE POINT OF BEGINNING.�ONG SAID CENTERLINE
EXCEPTING THEREFROM THE PARCEL OF LAND GRANTED Tp SAN BERNARDINO ASSOCIATED
GOVERNMENTS LYING ACROSS THE SOUTHEAST CORNER THEREOF AND DESCRIBED AS
PARCEL 34 IN DOCUMENT RECORDED MARCH 30, 1993,AS INSTRUMENT NO. 93-137041,
OFFICIAL RECORDS OF SAID COUNTY.
PREPARED BY:
HAROLD R. HARTWICK,—LS—NO. 2851
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Addenda_E- 3