HomeMy WebLinkAbout600-030-010-A001 Robles (MH 31) - Agreement (exec) 08-16-19CITY PROJECT NUMBER: 2011-05
FEDERAL PROJECT NUMBER: BRNBIL (537)
SELLER: HILDA ROBLES
AGREEMENT FOR SALE OF MOBILE HOME
This AGREEMENT ("Agreement") is entered into this (� day of 4
2019
by and between the City of La Quinta ("City") and Hilda Robles (Seller"). The Ci and Seller
are hereinafter sometimes individually referred to as "Party" and collectively referred to as
"Parties."
RECITALS
A. The City is in the process of acquiring an interest in a portion of that real property
commonly known as Dune Palms Mobile Home Park ("Park"), located at 46400 Dune Palms Road,
#31 La Quinta, California ("Property"). The Property is being acquired in connection with the
City'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 description
of Mobile Home and Improvements attached hereto as "Exhibit A", utilized for residential
purposes on the Property on Space 1, ("Subject Space"). The Seller is also the lessee of a lease
with the owner of the Park permitting it to occupy the Subject space and maintain the Mobile
Home upon it.
D. Seller desires to sell the Mobile Home to City and to assign any and all leasehold
and other interests Seller may have in said Park under the lease for the Subject Space to City, and
City is willing to purchase Mobile Horne and accept the assignment of said leasehold and other
interests 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 portion of the Dune Palms Mobile Home Park 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.
1 8/5/2019
CITY PROJECT NUMBER: 2011-OS
FEDERAL PROJECT NUMBER: BRNBIL (S37)
SELLER: HILDA ROBLES
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
The total and complete amount to be paid by City to Seller shall be as follows:
a) Thirty -Five Thousand Six Hundred and No/100 Dollars 35 600.00
("Amount") for the sale of the Mobile Home to the City and assignment of all
claims 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 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 $35,600.00 upon the occurrence of both
(i) the Occupants vacating the Property in accordance with Section 5 and (ii) 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 such other and 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 amounts due to HCD on Seller's behalf and deduct such payment from
the Amount.
c) Pa ment 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 transfer of possession, Seller shall
maintain Mobile Home in as good a condition as it was at the time this Agreement was
entered.
2 s/srzo 19
CITY PROJECT NUMBER: 2011-05
FEDERAL PROJECT NUMBER: BRNBIL (537)
SELLER: HILDA ROBLES
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, then Buyer shall
have the option to terminate this Agreement by delivery of a Termination Notice to Seller
prior to the Closing.
4. Delivery of Mobile Home
On or before day of kCE01kr , 2019, 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 all 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 the 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
day of ee r , 2019. 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.
815J2019
CITY PROJECT NUMBER: 2011-05
FEDERAL PROJECT NUMBER: BRNBIL (537)
SELLER: HILDA ROBLES
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, and construction of the Project in
the 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 City's pre -acquisition planning for, and execution and
construction of the Project, in the manner proposed. 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 Sections 1263.410 et seq., any claims for
compensation of loss of business goodwill under Code of Civil Procedure Section
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 Buyer's planning and procedures leading up to Buyer's acquisition of the
Mobile Home and Property, its planning or other activities relating to the Project,
consideration and passage of any resolution of necessity regarding the Property, and
construction of the Project in the 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 § 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 Civil
Procedure §1245.245(a); (b) the requirement that the Buyer 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 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 accordance
with, the procedures set forth in Code of Civil Procedure §1245.245(f); (e) the requirement
that the Buyer 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 the 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. Because the City's public
use for your property is scheduled to begin as soon as the City acquires the necessary
property interests needed for the proposed project within two years of the acquisition of
the subject property, the City does not offer a leaseback agreement for your property being
acquired pursuant to Code of Civil Procedure Section 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 claims to have, against the Released
4 8/5/2019
CITY PROJECT NUMBER: 2011-05
FEDERAL PROJECT NUMBER: BRNBIL (537)
SELLER: HILDA ROBLES
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, which 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 KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR.
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: AR
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 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 provision.
8. Conunissions
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 PWy 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 matters set forth herein.
10. No Personal Liability
No officer, official, employee, agent, or representative of the City shall be liable
for any amounts due hereunder, and no judgment 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
5 si5rao19
CITY PROJECT NUMBER: 2011-05
FEDERAL PROJECT NUMBER: BRNBIL (537)
SELLER: HILDA ROBLES
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.
12. Attorneys' Fees
In the event of any action between Seller and City seeking enforcement of any of
the 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 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 A reements and Understandin s
This Agreement contains the entire understanding between the parties relating to
the transaction contemplated by this Agreement. All prior or contemporaneous
agreements, understanding, 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 Buyer acknowledge that this transaction is a negotiated settlement in lieu
of condemnation, and Seller hereby agrees and consents to the dismissal or abandonment
of any eminent domain action in the Superior Court of the State 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 action and further waives all attorney's 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 Buyer taking a Default in said action.
Signatures on the following page
6 8/5/2019
CITY PROJECT NUMBER: 2011-05
FEDERAL PROJECT NUMBER: BRNBIL (537)
SELLER: HILDA ROBLES
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 31
La Quinta, CA 92253
MAILING ADDRESS OF CITY
City Clerk
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
ATTEST:
B
Name: Nichole Rornane, Deputy City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
B
Name: William H. Ihr e, City Attorney
SELLER
I" Aitc,
Name: Hilda Robles
CITY
City of La Quinta, a California municipal
corporation and charter city
By: e•—
on McMillen, City Manager
7 8/5/2019
CITY PROJECT NUMBER: 2011-05
FEDERAL PROJECT NUMBER: BRNBIL (537)
SELLER: HILDA ROBLES
EXHIBIT "A"
Mobile Home Description
General Description of the
Mobile Home
Address:
46400 Dune Palms, La Quinta, CA 92253
Unit Number:
31
Home Onwer(s):
Hilda Robles
Home Manufacturer/Model
Fleetwood Broadmore
Decal Number:
AAW9653
HUD Label/Insignia No.:
18287
Total Square Footage:
According to the measurements taken, the total square
footage is estimated at 968 Square feet; this includes
add-ons. The length and width reflected in the title
registration are 60 by 14, which equals 840 quare feet.
Originally 3 bedrooms; currently segregated into 4
sleeping areas.
Year Purchased: 2013
No. Bedrooms: 3
No. Bathrooms: 2
Site Improvements: Mobile home with addition, Two Sheds Wooden Fence
Landscaping with Irrigation
8 s/5/2019
CITY PROJECT NUMBER: 2011-05
FEDERAL PROJECT NUMBER: BRNBIL (537)
SELLER: HILDA ROBLES
EXHIBIT "B"
BILL OF SALE
This Bill of Sale ("Bill of Sale") is made and entered into as of
by and between Hilda Robles ("Seiler"), and the City of La Quinta,
reference to the following facts.
RECITALS:
2019,
hereinafter ("City"), with
A. Seller and City are parties to that certain Agreement for Sale of Mobile Homes
Agreement, 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 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
Iaw of any jurisdiction.
9 sls/2o19
CITY PROJECT NUMBER: 2011-05
FEDERAL PROJECT NUMBER: BRNBIL (537)
SELLER: HILDA ROBLES
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.
IN WITNESS WHEREOF, the parties have executed this Bill of Sale as of the date first
written above.
APPROVED AS TO FORM:
By:
Name: William H. Ihrke City Attorney
Address: 46400 Dune Palms Road, Unit 31
La Quinta, California
SELLER: EXHIBIT ONLY
SIGN ORIGINAL DOCUMENT
Name: Hilda Robles
Name:
CITY:
City of La Quinta, a California municipal
corporation and charter city
By:
Name: Jon McMillen, City Manager
EXHIBIT ONLY
ATTEST: SIGN ORIGINAL DOCUMENT
Bv:
Name: Monika Radeva City Clerk
10 $l5/2019
CITY PROJECT NUMBER: 2011-05
FEDERAL PROJECT NUMBER: BRNBIL (537)
SELLER: HILDA ROBI.ES
EXHIBIT "C"
and VACANCY WALKTHROUGH
Any and all personal property left on the project premises located at 46400 Dune Palms Road Space
# 31, La Quinta, California, is to be considered abandoned as of , 2019.
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
Claimant(s) Name
REPLACEMENT ADDRESS:
Type:
x x
Claimant(s) Signature Date
NEW PHONE
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:
EXHIBIT ONLY
SIGN ORIGINAL DOCUMENT
11
Relocation Representative
Date
There are tenants remaining on this property. - This property is now vacant. - Abandoned property remains
on site.
PROPERTY MANAGEMENT
Keys given to:
Date:
Received by: X
11
BILL OF SALE
This Bill of Sale ("Bill of Sale") is made and entered into as of , 2019,
by and between Hilda Robles ("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 , 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 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.
6. Ca tp ions. 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.
IN WITNESS WHEREOF, the parties have executed this Bill of Sale as of the date first
written above.
Address: 46400 Dune Palms Road, Unit 31
La Quinta, California
SELLER:
Name: Hilda Robles
Name:
CITY:
City of La Quinta, a California municipal
corporation and charter city
By:
Name: Jon McMillen, City Manager
ATTEST:
Br:
Name: Monika Radeva City Clerk
APPROVED AS TO FORM:
By:
Name: William H. Ihrke. City Attorney