HomeMy WebLinkAbout600-030-010-A002 Trulillo (MH 1) - Agreement (exec) 08-21-19CITY PROJECT NUMBER: 2011-05FEDERAL PROJECT NUMBER: BRNBIL (537)SELLER: IVETTE TRUJILLO (ONTIVEROS)AGREEMENT FOR SALE OF MOBILE HOMEThis AGREEMENT ("Agreement") is entered into this '21 ^ day of j^A^}§ko 19by and between the City of La Quinta ("City") and Ivette Ontiveros (Seller"). The City^nd Sellerare hereinafter sometimes individually referred to as "Party" and collectively referred to as"Parties."RECITALSA. The City is in the process of acquiring an interest in a portion of that real propertycommonly known as Dune Palms Mobile Home Park ("Park"), located at 46400 Dune Palms Road,#1 La Quinta, California ("Property"). The Property is being acquired in connection with theCity's proposed Dune Palms Widening Project ("Project").B. The Park is currently used as a park for mobile homes and other residential uses.C. The Seller is the owner of one such mobile home ("Mobile Home"), the descriptionof Mobile Home and Improvements attached hereto as "Exhibit A", utilized for residentialpurposes on the Property on Space 1, ("Subject Space"). The Seller is also the lessee of a leasewith the owner of the Park permitting it to occupy the Subject space, and maintain the MobileHome upon it.D. Seller desires to sell the Mobile Home to City, and to assign any and all claimsSeller may against the owner of the Park under the lease for the Subject space to City, and City iswilling to purchase Mobile Home and accept the assignment of claims from Seller.E. The parties hereto desire by this Agreement to provide the terms and conditions forthe full and complete settlement of all of Seller's claims relating to or arising out of the City'sacquisition of the portion of the Dune Palms Mobile Home Park and the displacement of Sellerfrom the Subject Space within the Park, including but not limited to all of Seller's property rightsand interests, if any, in the Park and the Subject Space, all leasehold interests and rights of tenancyor occupancy, all improvements, all improvements pertaining to the realty including but not limitedto the Mobile Home, all failure to locate or secure a suitable replacement location, all lost rentalincome or sublease or license income, all severance damages, all pre-condemnation damages, ifany, all economic or consequential damages, all attorney's fees and costs, all expert witness feesand 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 besuffered, by Seller.8/2/2019
CITY PROJECT NUMBER: 2011-05FEDERAL PROJECT NUMBER: BRNBIL (537)SELLER: IVETTE TRUJILLO (ONTIVEROS)AGREEMENTIn consideration of the foregoing Recitals and the covenants and promises hereinaftercontained, and for good and valuable consideration, the receipt and sufficiency is herebyacknowledged, the parties hereby agree as follows:1. Agreement AmountThe total and complete amount to be paid by City to Seller shall be as follows:a) Fortv-Three Thousand Five Hundred and No/100 Dollars f$43,500.00)("Amount") for the sale of the Mobile Home to the City and assignment of allclaims against the owner of the Park under the lease for the Subject Space.The Amount is to be paid by City in accordance with the terms of this Agreement.2. Payments to SellerIn consideration for Seller's strict compliance with his/her obligations set forth in Sections3, 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 $43,500.00 upon the occurrence of both(i) the Occupants vacating the Property in accordance with Section 5 and (ii) Delivery ofthe Mobile Home pursuant to Sections 3 and 4.3. Transfer of Ownership of Mobile Homea) Document to Transfer Ownership. Seller shall execute and deliver to Cityconcurrently with the execution and delivery of this Agreement, a bill of sale insubstantially the form attached hereto as "Exhibit B" ("Bill of Sale") and thereafter executeand deliver to City any such other and further documentation required by the Departmentof Housing and Community Development ("HCD"), and/or other governmental entity , toeffectuate a transfer of ownership to City of the Mobile Home.b) Registration Fees, Liens, and Encumbrances. Seller hereby represents andwarrants that it is the actual and registered owner of the Mobile Home, fi-ee and clear ofany liens or encumbrances. If Seller owes any fees, charges, fines or taxes due to HCD,City shall pay such amounts due to HCD on Seller's behalf and deduct such payment fromthe Amount.c) Payment of Sales Taxes and Transfer Fees. City shall pay all sales taxesimposed by HCD on the sale of Mobile Home to City under this Agreement.d) Maintenance of Mobile Home. Until transfer of possession. Seller shallmaintain Mobile Home in as good a condition as it was at the time this Agreement wasentered.8/2/2019
CITY PROJECT NUMBER: 2011-05FEDERAL PROJECT NUMBER: BRNBIL (537)SELLER: IVETTE TRUJILLO (ONTIVEROS)e) Risk of Loss. Until transfer of possession to City, Seller shall be responsiblefor any risk of loss or damage to the Mobile Home. Seller shall maintain and keep in fullforce and effect, any insurance policies currently insuring the Mobile Home, until saidtransfer 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, then Buyer shallhave the option to terminate this Agreement by delivery of a Termination Notice to Sellerprior to the Closing.4. Delivery of Mobile HomeOn or before 20 day of ^6^1^2019, Seller shall deliver full andcomplete physical possession and control of the Mobile Home to City and relinquish allrights and interests to such possession and control ("Delivery"). Seller shall effectuateDelivery by any and all means necessary, including, but not limited to the (i) transfer ofkeys and entry devices to City, (ii) execution of any assignments for the benefit of City,and (ill) waiver of any laws or regulations that would prevent effective Delivery to City,including waiver of the Mobilehome Parks Act (California Health & Safety Code §§ 18200et seq.) and Mlobilehome Residency Law (Civil Code §§ 798 et seq.). Prior to Delivery,Seller shall remove all personal possessions from the Mobile Home and leave MobileHome in a neat and "broom clean" condition. Seller shall leave the Property free and clearof any debris and shall remove all personal property, including without limitation, anyabandoned vehicles, furniture, appliances or equipment. "Seller(s) acknowledge andunderstand 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 the cost thereof shall be deducted fromAmount."Seller(s) Initials:^Seller shall not remove any built-in appliances, cabinets, floor coverings, draperies, orother built-in furniture or fixtures. Seller shall not remove any other item from the MobileHome, if the removal of such item will affect the Mobile Home's suitability for future useof Mobile Home (as it is currently in use) or the Mobile Home's ability to be mobile,portable and/or transportable.5. Vacatinp the PropertySeller shall vacate the Mobile Home and Property and cause all occupants of theMobile 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<3 Q day of_0ccejf)|^, 2019. Upon vacating the Property, Seller agrees to execute anddeliver a Notice of Abandonment attached hereto as Exhibit "C." Seller agrees andwarrants that upon payment by the City of the amounts set forth in this Agreement, allpersonal property left in the Mobile Home, Subject Space or Property shall be forfeited bySeller, and shall become the property of City, to dispose if as it may see fit.6. Release8/2/2019
CITY PROJECT NUMBER: 2011-05FEDERAL PROJECT NUMBER: BRNBIL (537)SELLER: IVETTE TRUJILLO (ONTIVEROS)Seller acknowledges and agrees that the Amount is full, final, complete, andpermanent consideration of all claims Seller has or may have, for damages, compensation,or benefits of any kind, arising out of City's acquisition, and construction of the Project inthe manner proposed. Except for claims to the compensation provided for under thisAgreement, Seller waives any claim arising out of the City's acquisition of the MobileHome and Property, and City's pre-acquisition planning for, and execution andconstruction of the Project, in the manner proposed. Seller's waiver includes, but is notlimited to, any and all claims against the City for just compensation, leasehold bonus value,severance damage under Code of Civil Procedure Sections 1263.410 et seq., any claims forcompensation of loss of business goodwill under Code of Civil Procedure Section1263.510, interest, litigation expenses, costs of all types, any claims against the Cityrelating to any construction activity, loss of use, or related impacts to any portions of theProperty, any claims for lost rent, claims for business interruptions or lost profits, claimsfor impairment of access, relocation assistance, or benefits, or any claims whatsoeverarising out of the Buyer's planning and procedures leading up to Buyer's acquisition of theMobile Home and Property, its planning or other activities relating to the Project,consideration and passage of any resolution of necessity regarding the Property, andconstruction of the Project in the manner proposed. Seller waives, releases, and foreverrelinquishes and repudiates any rights or recourse it may have against the City or any ofits successors arising from the application of, and forever relinquishes any and all rights itmay have or could have in the future pursuant to Code of Civil Procedure §1245.245,§1263.510, and §1263.615. 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 CivilProcedure §1245.245(a); (b) the requirement that the Buyer put the Mobile Home orProperty to public use within ten (10) years or either: (i) resell the Mobile Home or Propertyto the Seller, or (ii) adopt a resolution of necessity reauthorizing public use of the Propertypursuant to Code of Civil Procedure §1245.245(b); (c) Seller's right to judicial review ofthe Buyer'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 accordancewith, the procedures set forth in Code of Civil Procedure §1245.245(f); (e) the requirementthat the Buyer sell the Mobile Home or Property as surplus under circumstances coveredby, 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 undercircumstances covered by, and in accordance with, the procedures set forth in Code of CivilProcedure §1245.245(h); (g) the requirement that the City give written notice to the Sellerof the rights set forth in Code of Civil Procedure §1245.245; and/or (h) the requirementthat the City offer the Seller a one-year leaseback agreement for the Mobile Home orProperty, as provided in Code of Civil Procedure §1263.615. With respect to all thewaivers stated herein, Seller acknowledges and agrees that such waivers relate to bothknown and unlaiown claims the Seller may have, or claims to have, against the ReleasedParties. These waivers shall be effective regardless of any later-discovered information,and in connection with such waivers. Seller voluntarily and knowingly releases any and allprotections it may have under California Civil Code §1542, which provides as follows:A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITORDOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME8/2/2019
CITY PROJECT NUMBER: 2011-05FEDERAL PROJECT NUMBER: BRNBIL (537)SELLER: IVETTE TRUJILLO (ONTIVEROS)OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUSTHAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THEDEBTOR.All such waivers stated in this Agreement are intended to be full and final releases of anyand all claims to which they pertain.SeIIer(s) Initials: ^-'7. Assignment of ClaimsTo the extent Seller may have any claim, whether relating to damages,leasehold value, reimbursement, value of tenant improvements, offset, or any other type ofcompensation against the owner of the Park or any other person, arising from the City'sacquisition of any portion of the Park, Seller hereby assigns such interest to City. Theintent of this provision is that City shall be able to assert any right of Seller, whether undera leasehold condemnation clause or otherwise, as may exist against any party, and as anoffset in favor of City against such party, in the event of any such claim. Seller agrees thatthe Amount constitutes adequate compensation for this assignment, and represents that ithas not previously assigned such claims and will not do so prior to the Delivery date of theMobile Home. Seller will reasonably cooperate with City in enforcing this provision.8. CommissionsEach party represents and warrants that neither party has retained any brokers orfinders to represent its interests in connection with this transaction.9. No Third Party BeneficiariesThis Agreement is provided by the City for the sole benefit of Seller, and no otherperson, firm, entity shall have any rights, whether express or implied, with respect to thisAgreement or the matters set forth herein.10. No Personal LiabilityNo officer, official, employee, agent, or representative of the City shall be liablefor any amounts due hereunder, and no judgment or execution thereon entered in any actionhereon shall be personally enforced against any such officer, official, member, employee,agent or representative.11. Venue/Exclusive JurisdictionAny action at law or in equity brought by any party hereto for the purpose ofenforcing the terms of this Agreement shall be brought in the Superior Court of the Stateof California in and for the County of Riverside, or such other appropriate court in saidcounty, and the parties hereto waive all provisions of law providing for the filing, removal,or change of venue to any other court.8/2/2019
CITY PROJECT NUMBER: 2011-05FEDERAL PROJECT NUMBER: BRNBIL (537)SELLER: IVETTE TRUJILLO (ONTIVEROS)12. Attorneys' FeesIn the event of any action between Seller and City seeking enforcement of any ofthe terms and conditions to this Agreement, or otherwise in connection with the Property,the prevailing party in such action, whether by fixed judgment or, shall be entitled torecover, in addition to damages, injunctive or other relief, its actual costs and expenses, butnot limited to actual attorneys' fees, court costs and expert witness fees.13. IVlerger of Prior Agreements and UnderstandingsThis Agreement contains the entire understanding between the parties relating tothe transaction contemplated by this Agreement. All prior or contemporaneousagreements, understanding, representations and statements, oral or written, are merged inthis Agreement and shall be of no further force or effect.14. Eminent Domain DismissalSeller and Buyer acknowledge that this transaction is a negotiated settlement in lieuof condemnation, and Seller hereby agrees and consents to the dismissal or abandonmentof any eminent domain action in the Superior Court of the State of California in and for theCounty of Riverside wherein the herein described property is included and also waives anyand all claims to any money on deposit in said action and further waives all attorney's fees,costs, disbursements, and expenses incurred in connection therewith. If, prior to the closeof the execution of this transaction. Seller is served with a Summons and Complaint inEminent Domain in which Seller is a named defendant, upon the closing of this transaction,Seller agrees and consents to Buyer taking a Default in said action.8/2/2019
CITY PROJECT NUMBER: 2011-05FEDERAL PROJECT NUMBER: BRNBIL (537)SELLER: IVETTE TRUJILLO (ONTIVEROS)IN WITNESS WHEREOF, the City and Seller have signed this Agreement on the date(s) set forthbelow.MAILING ADDRESS OF SELLER46400 Dune Palms Road, Unit 1La Quinta, CA 92253SELLERNaht'e: I^ette TrujillbMAILING ADDRESS OF CITYCity ClerkCity of La Quinta78-495 Calle TampicoLa Quinta, CA 92253ATTEST:By:Name: Nichole Romane, Deputy City ClerkCity of La Qumta, CsiifomiaCITYCity of La Quinta, a California municipalcorppratfon and charter city).By:Name: Jjdrl^IcMillen, City ManagerAPPROVED AS TO FORM:By:/Name: William H. Ihrke, City Attorney8/2/2019
CITY PROJECT NUMBER: 2011-05FEDERAL PROJECT NUMBER: BRNBIL (537)SELLER: IVETTE TRUJILLO (ONTIVEROS)<-t A ??EXHIBIT "AMEobile Home DescriptionGeneral Description of theMobile HomeAddress:Unit Number:Home Onwer(s):Home Manufacturer/ModelDecal Number:HUD Label/Insignia No.:Total Square Footage:46400 Dune Palms, La Quinta, CA 922531Ivette OntiverosAngelus MH (Patrician)AAM7960A63840According to the measurements taken, the total squarefootage is estimated at 750 Square feet; this includesadd-ons. The length and width reflected in the titleregistration are 55 by 10, which equals 550 quare feet.Year of Purchase:No. Bedrooms:No. Bathrooms:Site Improvements:201521Wood shed (approximately 10' x 15'), Approximately600 square feet of gravel ground cover, Multiple fruittrees with timed, drip irrigation system8/2/2019
CITY PROJECT NUMBER: 2011-05FEDERAL PROJECT NUMBER: BRNBIL (537)SELLER: IVETTE TRUJILLO (ONTIVEROS)EXHIBIT "B"BILL OF SALEThis Bill of Sale ("Bill of Sale") is made and entered into as of_, 2019,by and between Ivette Tmjillo ("Seller"), and the City of La Quinta, hereinafter ("City"), withreference to the following facts.RECITALS:A. Seller and City are parties to that certain Agreement for Sale of Mobile HomesAgreement, made and entered into as of_, 2019 (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 ishereby acknowledged, the parties hereto agree as follows:AGREEMENT:1. Defined Terms. All capitalized terms used and not otherwise defined in this Bill ofSale, but defined in the Purchase Agreement, shall have the meaning set forth in the PurchaseAgreement.2. Sale. Seller hereby grants, sells, conveys, transfers and delivers to City, any and all ofSeller's rights, title and interests in and to the Mobile Home.3. Limited Warranties. Seller represents and warrants to City that Seller has good andmarketable title to the Mobile Home and Seller is conveying the Mobile Home to City free of allliens, 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 deemedcontinuing 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 ofwhich shall be deemed an original, but all of which, together, shall constitute but one and the sameinstrument.5. Applicable Law. This Bill of Sale shall be governed by and construed in accordancewith the internal laws of the State of California, regardless of any laws on choice of or conflicts oflaw of any jurisdiction.8/2/2019
CITY PROJECT NUMBER: 2011-05FEDERAL PROJECT NUMBER: BRNBIL (537)SELLER: IVETTE TRUJILLO (ONTIVEROS)6. Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Billof Sale are solely for the convenience of the parties hereto, are not a part of this Bill of Sale, andshall not be used for the interpretation or determination of the validity of this Bill of Sale or anyprovision hereof.7. Successor and Assigns. This Agreement shall be binding on and inure to the benefit ofthe successors and assigns of the parties hereto.8. Severability. If one or more provisions of this Bill of Sale are held to be void orunenforceable in whole or in part, the remaining provisions will continue in full force and effect.IN WITNESS WHEREOF, the parties have executed this Bill of Sale as of the date firstwritten above.Address: 46400 Dune Palms Road, Unit 1La Quinta, CaliforniaAPPROVED AS TO FORM:By:Name: William H. Ihrke, City AttorneySELLER:EXHIBIT ONLYSIGN ORIGINAL DOCUMENTName: Ivette TrujilloName:CITY:City of La Quinta, a California municipalcorporation and charter cityBy:Name: Jon IVIcMillen, City ManagerATTEST:By:EXHIBIT ONLYSIGN ORIGINAL DOCUMENTName: Monika Radeva, City Clerk108/2/2019
CITY PROJECT NUMBER: 2011-05FEDERAL PROJECT NUMBER: BRNBIL (537)SELLER: IVETTE TRUJILLO (ONTIVEROS)EXHIBIT "C"and VACANCY WALKTHROUGHAny and all personal property left on the project premises located at 46400 Dune Palms Road Space# 1, La Quinta, California, is to be considered abandoned as of_,2019.AS EVIDENCE BY SIGNATURE AND DELIVERY OF KEYS I HEREBY AGREE THAT OCCUPANCY OFTHE LISTED ADDRESS HAS BEEN ABANDONED AND THAT NO FURTHER ENTRANCE TO THEABOVE ADDRESS WILL BE MADE.Claimant(s) NameREPLACEMENT ADDRESS:Type:Claimant(s) SignatureDateNEW PHONEON THIS DATE I PERSONALLY INSPECTED THE DISPLACEMENT AT THE ABOVE ADDRESS AFTERTHE OCCUPANT HAD MOVED AND FOUND THE PREMISES TO BE IN SATISFACTORY CONDITIONAND THAT ALL PERSONAL PROPERTY, EXCEPT FOR TRASH OR DEBRIS PLACED FOR REMOVAL,HAD BEEN REMOVED FROM THE ACQUISITION AREA EXCEPT FOR THE FOLLOWING:EXHIBIT ONLYSIGN ORIGINAL DOCUMENTRelocation RepresentativeDatea There are tenants remaining on this property, d This property is now vacant. 0 Abandoned property remainson site.PROPERTY MANAGEMENTKeys given to:Date:Received by: X11