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HomeMy WebLinkAboutOrdinance 1575 N.C.S. 06/18/1984AGREEMENT FOR HOME. RELOCATION This Agreement made -and entered into this day. of , 1984, by and between Aaron Newman and Linda' Newman, his wife., hereinafter -referred to as "Owners", and: the City of Petaluma, a municipal corporation, hereinafter referred to as "City"., WHEREAS, the City of Petaluma,, through its 'City. Council, has adopted A voluntary Home. Relocation Program for certain homes located in the floodway areas of the City, pursuant. to 'Resolution No. 8441 NC,S adopted on April 2, 1984, a copy of which is attached hereto .and. incorporated herein by reference,. and, WHEREAS, one of the significant program objectives is to relieve the sect and indirect hardship on owners of residential property within and adjacent to the floodway areas:., which 'property. and .property owners would be ;benefited by certain improvements to ..the Petaluma River channel, made -possible by 'City acquisition of. land along . the River through the Home Relocation Program, -and W:HEREAS:, Owners own real property located . at 3 Rio Vista W:ag, Petaluma, California, which- property, hi `located within thedesignated floo,dway area and is eligible for the Home Relocation Program, and. WHEREAS, Owners desire to move their existing home to some other property, in accordance with the procedures set forth in said, Resolution No.; 84-.61 NCS; i NOW, THEREFORE, IT IS' AGREED AS FOLLOWS: A. City shall do the following: (1) Provide Owners with a financial .contribution ' of $25 , 000.00 for the acquisition of the property, located at , Petaluma; and for basic site improvements;. . (2) Pay to Owners monies for physically moving house and garage - from the property at, 3 Rio Vista Way, Petaluma, to the new location in an ,amount not to exceed $9,000.00. (3) Pay to Owners the following amounts for necessary improve- ment costs New, foundation, ;repairs, etc. $15., 000.00 On and Off -site water, sewer and driveway improvements 8,000.00 Utility hook-up 1,000.00 -1- (4:) Move selected household goods to a secure storage area and then, move to the 'relocated4 house when ready for occupancy. (5) Obtain adequate in'"surance -on the home. and garage during the. per.`iod, .of 'moving and repair. (6) Cap abandoned utilities and clear debrisfrom the Owners' lot on 3 Rio Vista Way. (7) Provide up to $4, 5.00.00 to Owners for temporary housing during the house moving and rehabilitation period. Any of said amount not required for temporary housing' purposes shall be made available Ito: the Owners for use in additional interior or exterior home improvements of a permanent nature. B . In consideration of the foregoing, Owners shall do the following. (1) Provide alternative housing ' during the house moving and rehabilitation process. (2) Provide for .moving and payment of expenses of exterior and/or garden improvements desired by Owners "for the new property. (3) Convey by Grant Deed,, the ;property at 3 Rio Vista 'Way. .to the City of. Petaluma at the end of the moving and rehabilitation period. i (4) -Clear all mortgages:, deeds of trust, liens, and/;or other forms of financial indebtedness against the property at 3 Rio Vista Way Avenue, to the satisfaction of the 'Ci-ty. (5) Hord the City harmless and 'indemnity the City, :its; agents, 'Officials, and employees from any :and all actions, claims., damages, or expenses which may be asserted by any person or entity, against the City, its agents, officials, and employees, arising out :of, or 'in connection with, the activities of Owners, their agents subcon- tractors, and employees!, under the terms of, this Agreement, or other actions taken by Owners;. their agents, subcontractors, and employees, relating to the Home- Relocation work performed. at. the ;new lot in the Madison. Manor subdivision: This provision for hold harmless and indemnification by -Owners shall include any insurance subrogation claims .brought against the City by. Owners' insurance, carrier, as a result of any proceeds which may be, or may have been paid, to Owners as a result of <any storm damages having occurred to Owners or Owners' propertysince. January 1, 1982, to and including' the date of this i Agreement. - 21- (6) Owners represent and warrant that there are no liens or claimsof Tien or assignments in law or equity or otherwise:of or _'against any claim or , cause of action of Owners herein., and if there are any such liens, assignments, .or other claims, "Owners' agree to pay said liens,,. assignments, or other claims :an;d; to defend. and hold' harmless the. City therefrom;' and, that Owners are entitled to give this complete release and dis- charge. C .. In further consideration of City's expressly release and forever discharge! City employees from any and all claims, demands, of action; of every kind known or unknown, connected with the flooding of the property Petaluma, California,: between January 1, Agreement, or any time hereafter. promises hereunder, Owners and its, agents, officers, and damages., actions, and causes arising out of or in any way located, at 3 . Rio Vista. Way, 1982 and the date of this This release is voluntarily and knowingly executed with- the express intent` of effecting the legal :consequences pr-.ovided by Section 1541 of" the California. Civil Code,,, that is, the extinguishment of obligations as herein set ; forth. It is further agreed that all rights .under Section 1542 of the California Civil Code :are. ;hereby expressly waived. under' Section reads as follows: A general releasedoesi not extend to claims" which the creditor does not know or suspect to exisi� in his favor at the time of executing the release:, which .if `known by him must.,have °materially affected his settlement with the debtor. v . City shall immediately obtain a preliminary title report on said property at 3: Rio Vista Way, Petaluma, California, and advise Owner within fifteen. "(15) days from. date of receipt thereof:,. as to the status of title. If City objects to any indicated exceptions to" the title, Owner shall use diligent efforts to remove said exceptions) to the title. In the event Owners are unable to remove said exception(:s),, at City's option, this Agreement may be declared'' null and void and of no further force and effect. E. City .shall open an escrow account, with a title company of City's selection. A11costs of escrow," recording fees, and related costs, shall be paid' by City,'.. scrow shall close within 45 days of the date: of this Agreement.". Prior to close of escrow, both parties shall deposit with the escrow holder,, all documents necessary to complete the transfer in accordance: with the. terms hereof, including a Grant Deed from Owners to City of the lot at 3 Rio Vista Way, Petaluma, California. F. This Agreementsi upon execution, shall be recorded in the Official Record's of Sonoma County and shall be binding upon the heirs, successors, and assigns of the parties hereto. Owners-' signatures hereto must be acknowledged, before 'a registered Notary Public. -3 G. The real property taxes on the property at 3 Rio Vista Way, Petaluma., shall he; prorated .as of the date of close of escrow. H . If the parties become involved in litigation arising out of the terms and conditions of this, Agreement,, the prevailing party shall be entitled to recover from the 'losing party all costs of suit, including reasonable attorney's fees. IN WITNESS T'HEREOF, the parties hereto enter into this Agreement on the: day and year above. stated. CITY OF PETALUMA, a municipal Corporation, OWNERS By: City -Manager Aaron. Newman Linda Newman ATTEST: City Clerk Approved as to form: City Attorney Approved: Fin. Dir. Auditor -4-