2023-06-16 DP Unit 78 Agrmt of Sale - Alejandro MartinezAGREEMENT FOR SALE OF MOBILE HOME
This AGREEMENT ("Agreement") is entered into this 16th of June, 2023, by and
between the City of La Quinta ("City"), a California municipal corporation and charter city,
and Alejandro Jacobo Martinez ("Seller"). The City and Seller are hereinafter sometimes
individually referred to as "Party" and collective referred to as "Parties."
RECITALS
A. The City has acquired a fee interest in the land of that certain real property
commonly known as Dune Palms Mobile Home Park ("Park"), located at 46400
Dune Palms Road, La Quinta, California ("Property").
B. The Property is currently used as a park for mobile homes (mobile home
coaches) and other residential uses.
C. The Seller is the owner of one such mobile home coach ("Mobile Home"), the
description of Mobile Home and Improvements attached hereto as "Exhibit A,"
utilized for residential purposes on the Property at the lot identified as
Space/Unit No. 78 ("Subject Space"). The Seller is also the lessee of a lease
with the City, which permits the Seller to occupy the Subject Space, and
maintain the Mobile Home upon it.
D. Seller desires to sell the Mobile Home to City, and City is willing to purchase
the Mobile Home and accept the assignment of claims from Seller.
E. The Parties hereto desire by this Agreement to provide the terms and
conditions for the full and complete settlement of all of Seller's claims relating
to or arising out of the City's acquisition of the Dune Palms Mobile Home Park
and the Property, and the displacement of Seller from the Subject Space within
the Park, including but not limited to all of Seller's property rights and interests,
if any, in the Park and the Subject Space, all leasehold interests and rights of
tenancy or occupancy, all improvements, all improvements pertaining to the
realty including but not limited to the Mobile Home, all failure to locate or secure
a suitable replacement location, all lost rental income or sublease or license
income, all severance damages, all pre -condemnation damages, if any, all
economic or consequential damages, all attorney's fees and costs, all expert
witness fees and costs, all interest, all other costs and litigation expenses, and
any and all compensable interests, and/or damages, and/or claims, of any kind
and nature, claimed or to be claimed, suffered or to be suffered, by Seller.
AGREEMENT
In consideration of the foregoing Recitals and the covenants and promises
hereinafter contained, and for good and valuable consideration, the receipt and
sufficiency is hereby acknowledged, the Parties hereby agree as follows:
1. Agreement Amount
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The total and complete amount to be paid by City to Seller shall be as follows:
a) Thirty -One Thousand Dollars ($31,000) ("Amount") for the sale of the
Mobile Home to the City.
The Amount is to be paid by City in accordance with the terms of this Agreement.
2. Payments to Seller
In consideration for Seller's strict compliance with his/her obligations set forth in
Sections 3, 4, and 5 of this Agreement, City shall pay to Seller the Amount in the
following manner:
a) City shall pay Seller the Amount of $31,000 upon the occurrence of both (1)
the Occupants vacating the Property in accordance with Section 5 and (2)
Delivery of the Mobile Home pursuant to Sections 3 and 4.
3. Transfer of Ownership of Mobile Home
a) Document to Transfer Ownership. Seller shall execute and deliver to City
concurrently with the execution and delivery of this Agreement, a bill of sale
in substantially the form attached hereto as "Exhibit B" ("Bill of Sale") and
thereafter execute and deliver to City any other further documentation
required by the Department of Housing and Community Development
("HCD"), and/or other governmental entity, to effectuate a transfer of
ownership to City of the Mobile Home.
b) Registration Fees, Liens, and Encumbrances. Seller hereby represents
and warrants that it is the actual and registered owner of the Mobile Home,
free and clear of any liens or encumbrances. If Seller owes any fees,
charges, fines or taxes due to HCD, City shall pay such amount due to HCD
on Seller's behalf and deduct such payments from the Amount.
c) Payment of Sales Taxes and Transfer Fees. City shall pay all sales taxes
imposed by HCD on the sale of Mobile Home to City under this Agreement.
d) Maintenance of Mobile Home. Until the transfer of possession to City, Seller
shall maintain Mobile Home in as good a condition as it was at the time this
Agreement was entered.
e) Risk of Loss. Until transfer of possession to City, Seller shall be responsible
for any risk of loss or damage to the Mobile Home. Seller shall maintain
and keep in full force and effect, any insurance policies currently insuring
the Mobile Home, until said transfer of possession. If the Mobile Home is
damaged or destroyed by any casualty (a "Casualty") after the Effective
Date, but prior to the closing of the escrow, the City shall have the option to
terminate this Agreement by delivery of the Termination Notice to Seller
prior to Closing.
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4. Delivery of Mobile Horne
On or before the 30th day of June, 2023, Seller shall deliver full and complete
physical possession and control of the Mobile Home to City and relinquish all
rights and interests to such possession and control ("Delivery"). Seller shall
effectuate Delivery by any and all means necessary, including, but not limited to
the (i) transfer of keys and entry devices to City, (ii) execution of any assignments
for the benefit of City, and (iii) waiver of any laws or regulations that would
prevent effective Delivery to City, including waiver of the Mobilehome Parks Act
(California Health & Safety Code §§ 18200 et seq.) and Mobilehome Residency
Law (Civil Code §§ 798 et seq.). Prior to Delivery, Seller shall remove al!
personal possessions from the Mobile Home and leave Mobile Home in a neat
and "broom clean" condition. Seller shall leave the Property free and clear of any
debris and shall remove all personal property, including without limitation, any
abandoned vehicles, furniture, appliances or equipment. "Seller(s)
acknowledge and understand that if the Property is not left free and clear
of any debris as stated above, City shall cause such work to be done and
cost thereof shall be deducted from Amount."
Seller(s) Initials: -�
Seller shall not remove any built-in appliances, cabinets, floor coverings,
draperies, or other built-in furniture or fixtures. Seller shall not remove any other
item from the Mobile Home, if the removal of such item will affect the Mobile
Home's suitability for future use of Mobile Home (as it is currently in use) or the
Mobile Home's ability to be mobile, portable and/or transportable.
5. Vacating the Property
Seller shall vacate the Mobile Home and Property and cause all occupants of the
Mobile Home, including without limitation any members of his or her family or
household, any co -tenants, guests, (collectively, the "Occupants") to vacate the
Property on or before the 30th day of June, 2023. Upon vacating the Property,
Seller agrees to execute and deliver a Notice of Abandonment attached hereto
as "Exhibit C_" Seller agrees and warrants that upon payment by the City of the
amounts set forth in this Agreement, all personal property left in the Mobile
Home, Subject Space or Property shall be forfeited by Seller, and shall become
the property of City, to dispose if as it may see fit.
6. Release
Seller acknowledges and agrees that the Amount is full, final, complete, and
permanent consideration of all claims Seller has or may have, for damages,
compensation, or benefits of any kind, arising out of City's acquisition of the Park
and the Property, and any past or future construction of a project at the Park or
on the Property in any manner proposed. Except for claims to the compensation
provided for under this Agreement, seller waives any claim arising out of the
City's acquisition of the Mobile Home and Property, and any past or future
construction of a project at the Park or on the Property in any manner proposed.
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Seller's waiver includes, but is not limited to, any and all claims against the City
for just compensation, leasehold bonus value, severance damage under Code
of Civil Procedure § 1263.410 et seq., any claims for compensation of loss of
business goodwill under Code of Civil Procedure § 1263.510, interest, litigation
expenses, costs of all types, any claims against the City relating to any
construction activity, loss of use, or related impacts to any portions of the
Property, any claims for lost rent, claims for business interruptions or lost profits,
claims for impairment of access, relocation assistance, or benefits, or any claims
whatsoever arising out of the City's planning and procedures leading up to City's
acquisition of the Mobile Home, the Park, and Property, and any past or future
construction of a project at the Park or on the Property in any manner proposed.
Seller waives, releases, and forever relinquishes and repudiates any rights or
recourse it may have against the City or any of its successors arising from the
application of, and forever relinquishes any and all rights it may have or could
have in the future pursuant to Code of Civil Procedure § 1245.245, §1263.510,
and §1563.615. These waivers include, but are not limited to, the following: (a)
limitations on the use of the Mobile Home or Property set forth in Code of Civil
Procedure §1245.245(a); (b) the requirement that the City put the Mobile Home
or Property to public use within ten (10) years or either (i) resell the Mobile Home
or Property to the Seller, or (ii) adopt a resolution of necessity reauthorizing public
use of the Property pursuant to Code of Civil Procedure §1245.245(b); (c) Seller's
right to judicial review of the City's acquisition of the Property under Code of Civil
Procedure §1245.245(d); (d) Seller's potential right of first refusal under
circumstances covered by, and in accordance with, the procedures set forth in
Code of Civil Procedure §1245.245(f); (e) the requirement that the City sell the
Mobile Home or Property as surplus under circumstances covered by, and in
accordance with, the procedures set forth in Code of Civil Procedure
§1245.245(g); (f) the requirement that the City pay any financial gain to the Seller
under circumstances covered by, and in accordance with, the procedures set
forth in Code of Civil Procedure §1245.245(h); (g) the requirement that the City
give written notice to Seller of the rights set forth in Code of Civil Procedure
§1245.245; and/or (h) the requirement that the City offer the Seller a one-year
leaseback agreement for the Mobile Home or Property, as provided in Code of
Civil Procedure §1263.615. With respect to all the waivers stated herein, Seller
acknowledges and agrees that such waivers relate to both known and unknown
claims the Seller may have, or claim to have, against the Released Parties.
These waivers shall be effective regardless of any later -discovered information,
and in connection with such waivers, Seller voluntarily and knowingly releases
any and all protections it may have under California Civil Code §1542, with
provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOW BY
HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.
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All such waivers stated in this Agreement are intended to be full and final
releases of any and all claims to which they pertain.
Seller(s) initials: A.-
7. Assignment of Claims
To the extent Seller may have any claim, whether relating to damages, leasehold
value, reimbursement, value of tenant improvements, offset, or any other type of
compensation against the former owner of the Park or any other person, arising
from the City's acquisition of any portion of the Park, Seller hereby assigns such
interest to City. The intent of this provision is that City shall be able to assert any
right of Seller, whether under a leasehold condemnation clause or otherwise, as
may exist against any party, and as an offset in favor of City against such party,
in the event of any such claim. Seller agrees that the Amount constitutes
adequate compensation for this assignment, and represents that it has not
previously assigned such claims and will not do so prior to the Delivery date of
the Mobile Home. Seller will reasonably cooperate with City in enforcing this
position.
8. Commissions
Each party represents and warrants that neither party has retained any brokers
or finders to represent its interests in connection with this transaction.
9. No Third Party Beneficiaries
This Agreement is provided by the City for the sole benefit of Seller, and no other
person, firm, entity shall have any rights, whether express or implied, with respect
to this Agreement or the matter set forth herein.
10. No Personal Liability
No officer, official, member, employee, agent, or representative of the City shall
be liable for any amounts due hereunder, and no judgement or execution thereon
entered in any action hereon shall be personally enforced against any such
officer, official, member, employee, agent or representative.
11. Venue/Exclusive Jurisdiction
Any action at law or in equity brought by any party hereto for the purpose of
enforcing the terms of this Agreement shall be brought in the Superior Court of
the State of California in and for the County of Riverside, or such other
appropriate court in said county, and the Parties hereto waive all provisions of
law providing for the filing, removal, or change of venue to any other court.
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12. Attorneys' Fees
In the event of any action between the Seller and City seeking enforcement of
any of the terms and conditions to this Agreement, or otherwise in connection
with the Property, Park, or Mobile Home, the prevailing party in such action,
whether be fixed by judgement or other final order, shall be entitled to recover,
in addition to damages, injunctive or other relief, its actual costs and expenses,
but not limited to actual attorneys' fees, court costs and expert witness fees.
13. Merger of Prior Agreements and Understandings
This Agreement contains the entire understanding between the parties relating
to the transaction contemplated by this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written,
are merged in this Agreement and shall be of no further force or effect.
14. Eminent Domain Dismissal
Seller and City Acknowledge that this transaction is a negotiated settlement in
lieu of condemnation, and Seller hereby agrees and consents to the dismissal of
abandonment of any eminent domain action in the Superior Court of California
in and for the County of Riverside wherein the herein described property is
included and also waives any and all claims to any money on deposit in said
actions and further waives all attorneys' fees, costs, disbursements, and
expenses incurred in connection therewith. If, prior to the close of the execution
of this transaction, Seller is served with a Summons and Complaint in Eminent
Domain in which Seller is a named defendant, upon the closing of this
transaction, Seller agrees and consents to City taking a Default in said action.
Signatures on the following page
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IN WITNESS WHEREOF, the City and Seller have signed this Agreement on the
date(s) set forth below.
MAILING ADDRESS OF SELLER
46400 Dune Palms Road, Unit 78
La Quinta, CA 92253
MAILING ADDRESS OF CITY
City Clerk
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
ATTEST:
By:
Monika Radeva, CClerk
City of La Quinta, California
APPROVED AS TO FORM:
By:
William H. Ihrke, City Attorney
City of La Quinta, California
Page 7 of 12
SELLER
By: Ae �-JaLCoJ0
Name: Alirjandro Jacobo
Martinez
CITY
City of La Quinta, a California
municipal corporation and
charter city
By:
•
Name: J. cMillen
Titles City Manager
EXHIBIT "A"
Mobile Home Description
General Description
Unit Space 78
Built in 1983
NOMAD
VIN: 1SN200R22DA000391
Plate No: RX4893
Address:
46400 Dune Palms, La Quinta, CA 92253
Unit Number:
78
Home Owner(s):
Alejandro Jacobo Martinez
Home Manufacturer/Model
NOMAD
Vehicle Identification Number:
1 SN200R22DA000391
Plate No.:
RX4893
Total Square Footage:
Year of Purchase:
No. Bedrooms:
No. Bathrooms:
Site Improvements:
N/A
N/A
N/A
N/A
N/A
Page 8 of 12
EXHIBIT "B"
BILL OF SALE
This Bill of Sale ("Bill of Sale") is made and entered into as of June 16, 2023, by
and between Alejando Jacobo Martinez ("Seller"), and the City of La Quinta, hereinafter
("City"), with reference to the following facts.
RECITALS:
A. Seller and City are parties to that certain Agreement for Sale of Mobile
Homes Agreement, made and entered into as of June 16, 2023 (the "Purchase
Agreement"), pursuant to which Seller, subject to certain terms and conditions, agreed to
sell and convey to City, and City agreed to purchase the Mobile Home (as defined in the
Purchase Agreement) from Seller.
B. Seller desires to sell and transfer the Mobile Home to City.
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties hereto agree as follows:
AGREEMENT:
1. Defined Terms. All capitalized terms used and not otherwise defined in this
Bill of Sale, but defined in the Purchase Agreement, shall have the meaning set forth in
the Purchase Agreement.
2. Sale. Seller hereby grants, sells, conveys, transfers and delivers to City,
any and all of Seller's rights, title and interests in and to the Mobile Home.
3. Limited Warranties. Seller represents and warrants to City that Seller has
good and marketable title to the Mobile Home and Seller is conveying the Mobile Home
to City free of all liens, encumbrances or other claims, except as otherwise provided in
the Purchase Agreement. The foregoing representations and warranties of Seller set
forth in this Bill of Sale shall be deemed continuing representations and warranties made
by Seller and shall survive the date hereof.
4. Counterparts. This Bill of Sale may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but
one and the same instrument.
5. Applicable Law. This Bill of Sale shall be governed by and construed in
accordance with the internal laws of the State of California, regardless of any laws on
choice of or conflicts of law of any jurisdiction.
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6. Captions. Any captions to, or headings of, the paragraphs or
subparagraphs of this Bill of Sale are solely for the convenience of the parties hereto, are
not a part of this Bill of Sale, and shall not be used for the interpretation or determination
of the validity of this Bill of Sale or any provision hereof.
7. Successor and Assigns. This Agreement shall be binding on and inure to
the benefit of the successors and assigns of the parties hereto.
8. Severability. If one or more provisions of this Bill of Sale are held to be void
or unenforceable in whole or in part, the remaining provisions will continue in full force
and effect.
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IN WITNESS WHEREOF, the parties have executed this Bill of Sale as of the date
first written above.
Address: 46400 Dune Palms Road,
Unit 78
La Quinta, California
SELLER:
Name: Alejandro Jacobo Martinez
APPROVED AS TO FORM:
By:
William H. Ihrke, City Attorney
Name:
EXHIBIT ONLY
SIGN ORIGINAL DOCUMENT
CITY: City of La Quinta
By:
Jon McMillen, City Manager
ATTEST:
By:
Monika Radeva, City Clerk
EXHIBIT ONLY
SIGN ORIGINAL DOCUMENT
Page 11 of 12
EXHIBIT "C"
and VACANCY WALKTHROUGH
Any and all personal property left on the project premises located at 46400 Dune Palms Road, Space 78,
La Quinta, California, is to be considered abandoned as of June 30, 2023.
AS EVIDENCE BY SIGNATURE AND DELIVERY OF KEYS I HEREBY AGREE THAT OCCUPANCY OF THE
LISTED ADDRESS HAS BEEN ABANDONED AND THAT NO FURTHER ENTRANCE TO THE ABOVE
ADDRESS WILL BE MADE.
x h [,e �,^Ga) 3c,co x !ecLv �c.. Cr x h"i Date
'Claimant(s) Name Claimant(s) Signature
REPLACEMENT ADDRESS: -712I o P0-4-cola,1 O J 740 5 9 /3 9$
11 I)ef�^ odd, ctoneS Co. NEW PHONE
Type: �"'1Q o5e- qi L0 3
ON THIS DATE I PERSONALLY INSPECTED THE DISPLACEMENT AT THE ABOVE ADDRESS AFTER THE
OCCUPANT HAD MOVED AND FOUND THE PREMISES TO BE IN SATISFACTORY CONDITION AND THAT
ALL PERSONAL PROPERTY, EXCEPT FOR TRASH OR DEBRIS PLACED FOR REMOVAL, HAD BEEN
REMOVED FROM THE ACQUISITION AREA EXCEPT FOR THE FOLLOWING:
Relocation Representative
Co- 11-aoa-3
Date
There are tenants remaining on this property. 1f This property is now vacant. L Abandoned property remains on
site.
PROPER{ MANAGEMENT
Keys given to: V1c_-Wt`' I [-l05
Date: (-- IV- ) 0 a' j'
Received by: X (AC 10 -C I ° S-S