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HomeMy WebLinkAboutC-1152(H) - Purchase of stucco duplex, 32nd Street wideningTO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1152 Description of Contract in connection with 32nd Street Authorized by Resolution No. 7288 , adopted on September 28, 1970 Effective date of Contract November 30, 1970 r tea: Address 1019 W. G Street, Apt. 9 Ontario. CA 91762 Amount of Contract 62,010.00 , r Lty ftei* w� 1 COFTTRACT OF .SALE, his agreement, made lNhd entered into this day, of / ✓ rF- M1S 2, 1970, between the City of Newport Beach, hereinafter called the "seller," and DOROT&.B. LONG, hereinafter called the "purchaser:" 1. The seller agrees`to sell to the purchaser and the Purchaser agrees to purchase of the seller the following described structure and appurtenances, situate in the County of Orange, State of California, to wits 2 -story stucco duplex located on Lot 7, Block 231, of Lake Tract in the City of Newport Beach, more commonly known as 312 32nd Street, Newport Beach, California. The land on which the building and appurtenances rest is not included in this sale. 2. The terms and conditions of this contract are as follows: The purchase price is Two Thousand Ten and no /100. Dollars ($2,010.00) which has been paid by the purchaser to the seller, the receipt whereof is hereby acknowledged. 3. The purchaser is entitled to take possession and commence removal of said property on ✓ i1} t ✓Z o C) , 1970. d. The purchaser assumes all hazards of damage to or destruction of any improvements now on said land or hereafter to be placed thereon. 5. The purchaser agrees that full inspection of said described premises has been made and that neither the seller nor assigns shall be held to any covenant respecting the condition of any improvements on said premises nor to any agreement for alterations, improvements or repairs, unless the covenant or agreement relied on be in writing and attached to and made a part of this contract. -1- I Reference i ;-lade to the proposed Terms of $ale executea"by purchaser e_. Mov.ember 24, 1970, All of the provisions thereof are hereby orporated by reference as a- part of this contract. 7. The purchaser shall assume the defense of and indemnify and save harmless the City, the Director of Public works, and their officers and employees, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the relocation of the strugture and other associated work regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this contract, regardless of responsibility for negligence. In witness whereof, the parties hereto have executed this agreement. .. � u :3' . r � n� Sellerl CITY OF NEWPORT BEACH STATE OF CALIFORNIA ) ss County of Orange ) On A — 3c Na"rry nbl d for Yrrl_�a1 --17 F be the person whose name and acknowledged that he 1 %0 before me, the undersigned, a said State, personally-appeared known to me to s subacr bed to the within instrument executed the same. WITNESS my hand and official seal. .- v�r;:m issirnrph. = =. ast 25, i4; -2- t • Date :--a /Q�d STATE OF CALIFORNIA /III M..� / ss county of Orange ) On )A I j — �U' before me, the undersigned, tary P p and for sa d'State, personally appeared L known to me to be the ge son Whose ame Is subscribed to the within instrument and acknowledged that she executed the same. WITNESS my hand and official seal. riAPP -t 1'v;r ^C Crr_nfy t M; Enpi, -,�s August 25, 1972 DO IN:adw 11/30/70 -3. �syp 0, CITY OF NEWPORT BEACH CALIFORNIA, . 92w .. CgCI pRN�p r r a City Hall 8300 Newport Blvd. (714) 878.7]10. PROPOSAL `For the'purchase of the following improvements i. . ........... ..... ..................... .... . I ' 312' ' -' 32ND' ST :; '(2= ST0RY' STUCCO' DDPLEX)' . . . . � � • -' the undersigned agrees to the conditions of purchase hereinafter set forth and THE TERMS OF SALE attached hereto, and further agrees to pay to the City of Newport Beach at 3300 Newport Boulevard, Newport Beach, California, the amount of two T�ous'axD''rsx----=-=== =' - = =- = =� -- Dollars (=2;010:00) as full payment for,' . the purchase of the above - described improvements: '$500'-00' paid at this time and the balance of $1:510:00" ....... " " " " by December 2, 1970, together with 5% sales tax in the amount of'$'100:50..... unless exemption is claimed. All payments must be made by cash, cashier's check or certified check made out'to the order of the City of Newport Beach. Upon full payment to the City of Newport as aforesaid, the City Manager will execute a Bill of Sale for the property so sold. In no event shall any property* be removed from the premises until said Bill of Sale is duly signed and delivere d ! by said City Manager. The undersigned agrees to take delivery of the above- described property immediately upon receipt of Bill of Sale and agrees to have the premises cleared of all buildings in accordance with the TERMS OF SALE on or before January 1, 1971. i All provisions of the stated TERMS OF SALE are hereby specifically incorporated by reference into the terms of this contract, and Buyer agrees to perform each of the said TERMS OF SALE, and all of them. Buyer hereby acknowledges reading, and having read hereby agrees to all terms, rights and remedies as set forth in the aforementioned TERMS OF SALE, and specifi- ..tally with reference to the provisions of paragraphs 3, and 5 of the said TERMS OF SALE. Signed '. Board of Equalization By'. .. .. *DOROTHY'B:'LONG Retailer's Permit No:`" "' .1019•W. G ST„ APT 9 Address "' "bNTMID' bALYP:'91)62" Telephone Nor Date NOVEMER 24 1070 CITY OF NEWPORT BEACH CALIFORNIA +u+o .. Ctty Han 8300 Newport Blvd. (714) 6734110 TERMS OF SALE All bids shall be presented as aforesaid under sealed .cover and should be plainly marked "BID FOR CITY OF NEWPORT BEACH PROPERTY ON 32ND STREET TO BE OPENED AT 10:00 A.M., NOVEMBER 25, 1970" and should be accompanied by cash, cashier's check or certified check made out to the order of the City of Newport Beach in the amount of the required deposit, and no bid shall be considered unless such cash, cashier's check or certified check is enclosed therewith as a proposal of guarantee. Personal checks will not be accepted. On or before December 2, 1970, the'successful bidder is hereby required to deposit with said City at the above address cash, cashier's check or certified check in the amount of the unpaid balance of the bid, together with 5%'sales tax unless exemption is claimed. Successful bidder will be required to execute a contract with the City of Newport Beach agreeing: (1) A. To remove the improvements within the specified time. 8; Within ten (10) days after removal of improvements, remove from the premises all combustible materials, concrete foundations, concrete flatwork, and other rubbish including shrubbery .and trees which have been cut or uprooted during moving. C. Buyer, at his own cost and expense, shall either cap or cause to be capped by others (as City may elect) any sewer serving the improvements. Such capping shall be done in a manner satisfactory to the City. D. Should Buyer fail to comply with any of the provisions of A through C. inclusive, above, the City shall have the right to complete all. dperations therein described at Buyer's expense. (2) Buyer shall only have the right to remove the improvements as specified and shall enjoy no other rights upon the premises. (3) Buyer shall furnish City of Newport Beach a policy or certificate of liability insurance in which the City is.the named insured or is named as -..an additional insured with the Buyer. The liability insurance shall conform with the requirements set out in Section 7 -3 of the Standard Specifications for Public Works Construction, 1970 Edition.: r SALE OF BUILDINGS AT 314ND STREET AND 205 32ND STREET&WPORT BEACfi TERMS OF SALE - Pg. 2 (4) If'Buyer fails to deposit the money, furnish liability insurance, or pay the balance due, the City shall have the right, at its option, to terminate or cancel the contract. Upon the exercise of such right, all rights of Buyer in the subject property granted by the contract shall cease and all moneys paid to City under the subject contractterms up to the time of the breach shall be retained to offset actual damages sustained by City as a direct and proximate result of said breach of contract. 4lpon cessation of Buyer's right, title, and interest in the subject property, title to.such property. shall revert to City and City may resell or dispose of such property as it sees fit without recourse by Buyer. (5) Buyer shall not remove any property until full payment.is made, liability insurance is furnished, and the necessary bill of sale is issued. (6) If Buyer defaults in the (a) payment of the balance due; (b) performance of any of the agreed -upon obligations stated in Paragraph (1) of these Terms of Sale; (c) furnishing the required liabili.ty insurance; or (d) in the performance of any other agreed -upon obligation of the said Buyer pursuant to the subject contract, City may demolish or remove the improvements at Buyer's expense and Buyer will reimburse City for any and all expenses incurred for demolition, removal, and site clearance. Because of the necessity of having the real property of City. cleared on or before the due date agreed upon in the contract, and for other good cause, time is specifically made of the essence of the contract. ,(7) The successful bidder may either remove the improvements himself or cause it to be done by others. While no State Contractor's license is required to purchase these improvements and to cause them to be removed by others, the person or company who performs the work of removing the buildings must be a licensed State contractor under Chapter 9, Division 3, of the Business and Professions Code, unless the total net remuneration received by the success - ful bidder, including cash and value of the removed improvements, is less than $100.00. • (8) The City of Newport Beach makes no guarantee that any buildings sold will be movable or that permits will be granted to place them in any specific location. The purchaser of the building or buildings assumes all risk and responsibility in the wrecking and /or moving operations, including any loss by reason of vandalism after acceptance by City of the deposit as above provided. (9) Purchaser shall secure all necessary permits and certificates required in connection with the wrecking or removal of any building, and shall comply with all pertinent local ordinances. (10) The City reserves the right to reject any .and all bids.