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Toella Bonilla/Vista Dunes MHP 04to � w AGREEMENT FOR SALE OF MOBILE HOME This AGREEMENT FOR ' SALE OF MOBILE HOME ("Agreement") is entered into this 23 day of November, 2004 by and between the La Quinta Redevelopment Agency, a public body corporate and politic ("Seller") and Toella Marmolejo-Bonilla ("Buyer"). The Seller and Buyer are hereinafter sometimes individually referred to as "Party" and collectively referred to as "Parties. 19 RECITALS A. In connection with Seller's acquisition of that real property commonly known as Vista Dunes Mobile Home Park ("Park"), located at 78-990 Miles Avenue, La Quinta, California, 92253 ("Property"), Seller has acquired a mobile home, motor home or travel trailer ("Mobile Home"), utilized for residential purposes on the Property on Space #72. B. Buyer desires to purchase the Mobile Home from Seller, and Seller is willing to sell the Mobile Home to Buyer, pursuant to the terms and conditions hereof. AGREEMENT In consideration of the foregoing Recitals which are incorporated herein and made a part hereof, the covenants and promises hereinafter contained, and for good and valuable considera- tion, the receipt and sufficiency is hereby acknowledged, the parties hereto agree as follows: l . Purchase Price. The total and complete purchase price to be paid by Buyer to Seller shall be Fifty dollars ($50.00) ("Purchase Price") for the sale of the Mobile Home to Buyer. 2. Transfer of Ownership of Mobile Home. a) Registration by Seller. Seller represents and warrants that Seller has submitted to the Department of Housing and Community Development ("HCD") the documentation necessary to register the Mobile Home in the name of Seller. Buyer acknowledges that until the time when such registration is complete, Seller shall be unable to transfer any ownership interest in the Mobile Home to Buyer. b) Document to Transfer Ownership. Upon Seller's receipt of a valid registration from HCD showing title to the Mobile Home in the name of Seller, Seller shall execute and deliver to Buyer a bill of sale in the form attached hereto as "Exhibit A", and thereafter execute and deliver to Buyer any such other and further documentation required by the HCD, and/or other governmental agency, to effectuate a transfer of ownership to Buyer of the Mobile Home. 1• w a c) Registration Fees. Seller agrees to and shall pay to HCD any fees, charges, fines or taxes that are owed to HCD and that have accrued prior to Seller's transfer to Buyer of Seller's ownership interest in the Mobile Home. d) Payment of Sales Taxes and Transfer Fees. Buyer shall pay all sales taxes and/or transfer fees imposed by HCD on the sale of the Mobile Home to Buyer under this Agreement. e) Liens and Encumbrances. Seller agrees to satisfy any liens or encumbrances that have accrued against the Mobile Home prior to . the date Seller transfers possession of the Mobile Home to Buyer. Buyer shall be responsible for any liens or encumbrances that accrue after Seller's transfer to Buyer of possession of the Mobile Home, including, but not limited to, liens or encumbrances that accrue between the time Seller transfers possession and the time Seller transfers its ownership interest. 3. Transfer of Possession of Mobile Home: Removal of Mobile Home: a) Subject to Section 2(a) above, upon Buyer's payment to Seller of the Purchase Price, Seller shall transfer full and complete physical possession and control of the Mobile Home to Buyer and relinquish all rights and interests to such possession and control ("Transfer"). Seller shall effectuate Transfer by any and all means necessary, including, but not limited to the (i) transfer of keys and entry devices for the Mobile Home to Buyer, and (ii) execution of any assignments for the benefit of Buyer. b) Buyer acknowledges that Buyer is responsible for removing the Mobile Home and shall hire a certified mover to do so. 4. Compliance with Laws. Buyer shall comply with all applicable local, state, and federal laws and regulations in its removal of the Mobile Home from the Park, and thereafter in the use, including the disposition, if applicable, of the Mobile Home, including, but not limited to, (i) all applicable HCD registration requirements; (ii) the disclosure requirements set forth in California Civil Code Section I IO2.6d; and (iii) the requirements set forth in California Health and Safety Code Section 18025. 5. Disclaimer of Warranties; "AS -IS" Sale. As of the Transfer to Buyer of the Mobile Home, Buyer acknowledges that it has been given an adequate opportunity to review and inspect, and has approved all aspects of, the Mobile Home. Except as otherwise expressly provided in this Agreement, Seller makes no representation or warranty of any kind as to the condition of the Mobile Home including its value, fitness, use, compliance with the standards set forth in California Health and Safety Code Section 18025, or any other matter. Except as otherwise expressly provided in this Agreement, Buyer shall, upon the Transfer of the Mobile Home to him or her, be deemed to have disclaimed and waived any and all objections to the characteristics and conditions of the Mobile Home, including the condition of title thereto, whether or not such conditions would be disclosed by reasonable and diligent inspection. Buyer acknowledges and agrees that the purchase of the Mobile Home will be on the basis of Buyer's own investigation of the condition of the Mobile Home. Except as otherwise expressly provided in this Agreement, the foregoing disclaimers and waivers include, without limitation, the availability of governmental permits or approvals of any kind. Buyer agrees that Seller shall have no responsibility for any patent or latent defect or condition of the Mobile Home, whether or not known or discovered, and Buyer accepts all such responsibility. Except as otherwise expressly provided in this Agreement, the Mobile Home is being transferred and sold "AS -IS," "WHERE -IS," "WITH ALL FAULTS" without representation or warranty expressed or implied by Seller or by operation of law. 6. Buyer Indemnity. Upon the Transfer, Buyer shall indemnify, defend, and hold Seller and Seller's officers, officials, employees, representatives, members, consultants, and agents harmless from and against any and all claims, suits, penalties, expenses, losses, damages, attorney's fees, judgments, or any other action or damage of any kind or nature arising out of or related to this Agreement and/or Seller's sale of the Mobile Home to Buyer. Buyer's indemnification as set forth in this Section 6 shall survive any termination of this Agreement and the Transfer and shall continue in perpetuity; provided, however, that Seller shall cooperate, at no cost to Seller, in Buyer's defense under this Section 6. 7. Materiality. Buyer acknowledges and agrees that the defense, indemnification, protection and hold harmless obligations of Buyer for the benefit of Seller set forth in this Agreement are a material element of the consideration to Seller under this Agreement, and that Seller would not have entered into this Agreement unless Buyer's obligations were as provided for herein. 8. No Personal Liability. No officer, official, employee, agent, or representative of the Seller 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. 9. Litigation Matters. This Agreement shall be governed by and construed under the laws of the State of California. The parties agree that in any litigation between the parties arising out of this Agreement, the Municipal and Superior Courts of the State of California in and for the County of Riverside shall have exclusive jurisdiction. The prevailing party in any litigation between the parties arising out of or connected to this Agreement, in addition to whatever other relief to which the prevailing party is entitled, shall also be entitled to reasonable attorney's fees, including fees and costs for discovery, expert witness fees, and any fees and costs for appeal. In the event of such legal action, service of process on Seller shall be made in such manner as i . • provided by law for service on a California public entity; service of process on Buyer shall be made in such manner as may be provided for by law, and shall be valid whether made within or without the State of California. ' 10. Waivers. No waiver of any breach, default, or failure of condition under the terms of this Agreement shall be implied from any failure of Seller to take, or any delay by the Seller in taking, action with respect to such breach, default, or failure from any previous waiver or any similar or unrelated breach, default, or failure; and a waiver of any term of this Agreement must be made in writing and shall be limited to the express written terms of such waiver. 11. Severability. In the event that any term or provision of this Agreement is held to be unenforceable, the remainder of this Agreement shall remain in full force and effect to the fullest extent without inclusion of the unenforceable term or provision. 12. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The paragraph headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. 13. Final Agreement. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. 14. Counterparts.. This Agreement may be executed in counterparts, each of which, after all the parties hereto have signed this Agreement, shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 15. Further Assurances. The parties hereto each agree, without further consideration, to execute such other and further documents, and to perform such other and further acts, as may be necessary or proper in order to consummate the transaction set forth in and contemplated by this Agreement. [END - SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the Seller and Buyer have signed this Agreement on the date(s) set forth below. Date: 1941 MAILING ADDRESS OF BUYER 6 Date: ATTEST: fAg cy Secretary APPROVED AS TO FORM: RUW & Tucker UP J katlirine Jenson Agency Attorney MAILING ADDRESS OF SELLER 78-945 Calle Tampico La Quinta, CA 92253 By-7� Its: SELLER LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic By: Executive Director EXHIBIT "A" BILL OF SALE SEE ATTACHED HCD FORM FOR FORMAT