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HomeMy WebLinkAboutContracts & Agreements_86A-2001AGREEMENT REGARDING PURCHASE OF FEE INTEREST This Agreement is made and entered into on this 5th day of June , 2001, by and between the City of Redlands (hereinafter referred to as "City"), and Troy C. Ditt, (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 Troy C. Ditt agree as follows: 1. City shall pay to Owner the total sum of $149,500.00 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. 1 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 5th day of June 2001, at Redlands, California. CITY OWNER s_•!UC>1 Pat Gilbreath, Mayor oy P Ditt Attest: 3 EXHIBIT "A" LEGAL DESCRIPTION Lot 15, Timmon's First Addition, in the City of Redlands, County of San Bernardino, State of California, as per plat recorded in Book 8 of Maps, Page 76, in the Office of the County Recorder of said County. Except therefrom the westerly 10 feet measured along the north line of said lot and the easterly line being parallel to the westerly line of said lot. Assessor Parcel No. 0171-089-13 Contains approximately 5,405 square feet CITY OF REDLANDS COUNTY OF SAN BERNARDINO 16' ALLEY N 10 APN 171-089-13 119' L=28.27' R=18' 0 40' CHURCH STREET RIGHT- OF- WAY PLAT EXHIBIT "B" LEGEND EXIST RIGHT-OF-WAY LINE PROPERTY LINE PROPOSED RIGHT-OF-WAY LINE EXIST STRUCTURE 1 "=30.' PREPARED BY: JOHN EGAN & ASSOCIATES, INC. CONSULTING ENGINEERS Funds - Fire Department Building Maintenance - On motion of Councilmember Freedman, seconded by Councilmember Peppler, the City Council unanimously approved an additional appropriation in the amount of $18,500.00 for maintenance work at Fire Station No. 2 and Fire Station No. 3. Resolution No. 5897 - Traffic - On motion of Councilmember Freedman, seconded by Councilmember Peppler, the City Council unanimously adopted Resolution No. 5897, a resolution of the City Council of the City of Redlands establishing speed limits on Crestview Road between Ford Street and Buckingham Drive. Resolution No. 5898 - Traffic - On motion of Councilmember Freedman, seconded by Councilmember Peppler, the City Council unanimously adopted Resolution No. 5898, a resolution of the City Council of the City of Redlands establishing speed limits on Sunset Drive from Vinton Way to Panorama Point. Resolution No. 5899 - Traffic - On motion of Councilmember Freedman, seconded by Councilmember Peppler, the City Council unanimously adopted Resolution No. 5899, a resolution of the City Council of the City of Redlands establishing speed limits on Palo Alto Drive between Mirasol Drive and Sunset Drive Resolution No. 5900 - Traffic - On motion of Councilmember Freedman, seconded by Councilmember Peppler, the City Council unanimously adopted Resolution No. 5900, a resolution of the City Council of the City of Redlands establishing speed limits on Reservoir Road between Ford Street and Wabash Avenue. Resolution No. 5901 - Traffic - On motion of Councilmember Freedman, seconded by Councilmember Peppler, the City Council unanimously adopted Resolution No. 5901, a resolution of the City Council of the City of Redlands establishing speed limits on West Lugonia Avenue between Mountain View Avenue and California Street. Agreement - Church Street Right -of -Way - On motion of Councilmember Freedman, seconded by Councilmember Peppler, the City Council unanimously approved an agreement regarding purchase of fee interest with Troy C. Ditt and authorized the Mayor and City Clerk to sign the agreement on behalf of the City. This action is in conjunction with the widening of Church Street from Redlands Boulevard to Colton Avenue. Change Orders - Great Neighborhood Street Improvement Project - On motion of Councilmember Freedman, seconded by Councilmember Peppler, the City Council unanimously approved change orders to the contract for the Great Neighborhoods Street Improvement project in the amount of $40,131.00 and authorized staff to execute the change orders. June 5, 2001 Page 4