The URL can be used to link to this page

Home My WebLink AboutOrdinance 1575 N.C.S. 06/18/1984„ : , ~ . . /~~ ~~'",tr .- . . ~~ . - ~.. ~ • AG'REEMENT 'FOR H'OMsE RELO.GATION ~ ~ This Agreement made •and entered into this ~ day of , 1984, by and between Aaron~ Newman and Linda Newman, his wife., her.einafter~ referred to as °Owners°, and: ,t~he Cify of Petaluma, a municipal corpqration, hereinafter refer.red to as "City" . ~ WHEREAS, the City of Petaluma~,. .through its 'City. Council, has adopted a voluntar.y Home. Relocafion Prog;r-.am for certain homes located in the floqdway areas of the City, pu•rsuanf. to °R.esolution No. 84-61 NC'S ad'opted ' on April 2, 1984, a copy of whirh is attached hereto .and: incorporated herein by referenee, and, ~ WHEREAS, one of the si.gnificant pro.gram objecti~es is to relie~e the rect and indirect hardship on~ own~ers of residential property within and ad"jacent to the floodway areas:., which 'property and .property owners would be ;benefited by certain improvements to . the P'etaluma River channel, made ~pos'sible by 'Ci.ty acguisition of land alon.g . the River through the Home Relocation Program, -and ; W:HEREAS:, Owner.s own real prop'erty 1'gcated . at 3 Rio Vista W:ag, Petaluma, Cal'ifornia, which... proper.ty, is `located within the. designated floo,dway area and is eligible for the Home Relocation Program, and. WHEREAS, Owners desire to move their exi'sting home to some other property, in accordance with the procedures set forfh in said. Resolution No.; 84-.61 NCS; ~ ~ • i NOW, THEREFORE, IT IS AGREED AS FOLLOWS: ;. A. City shall do the following: (1) Provide Owner,s with a financial; .confribution ~ of $25 , 000 . UO for the acqui'sition of th_e property located at , Pefaluma; and for basic site improvements;. . . ,: ( 2) Pay to Owners monies ~f'or physica:l`ly moving house and ga•rage:. fr,om tihe property at> 3 Rio Uista Way, Petaluma, to the new location in an ,amount not to exceed $9,OA0.00. (3) Pay to bwners the following amounts for neeessary improve- ment eosts : New~ foundation, ;repairs, etc. On ~and Off-site water, sewer and driveway improvements Utility hook-up $'15, 000 . 00 8,000.00 1,000,00 -1- ( 4:) h4ove selected household good`s to a secur•.e storage area and then, mov~ to the 'relocated house wlien r.eady for occupancy. ( 5)~ Obta.in adeq.uate in'"suranee on the home. and garage during the~ per.`iod, .of movirig and repair. ~ ("6~) Gap aban~d'oned utilities and clear. debr,is' from the Owners' lot on 3 Rio Vista Way. (.7) Provide up to $4, S.OO.OQ to Owners .for' ter~porary housing during, the house moving and rehabilit;ation period. Any of said amount not required for ternporary housing' purposes sliall be rnade avaiIable to: the Owners ,for use in additional inte-rior or exterior home impro~emerits of a permamen•t nature. B. In consideration of the foregoing,: Owners sha11 d'o the following . ~ (1) Pro.vide alternative housing, d•uring the house movirig and rehabilitation process. ~ _ (2') Provide for .mctving and payment of exp:enses of .exterior and/or garden improvernents desi"red by Owners "for th~e. new property. ( 3~ Convey by G-rant D'eed, ~ the ;property at 3 Rio Vi~sfa 'Way .to the Cit " of. Petaluma at the end of the moving and rehabilitation ~p~eriod . ~ ~ ~ i ~ {4) -Clear all mortgages:, deeds of trust, Tiens, and</;or other forms of financial indeb~tedness a'gainst the property at 3 Rio Vista Way Avenue, fo the satisfaction of the 'Cirt.y. , ~ (5) Hold the City harmles"s and 'iizdemnity the City, its; agents, officials, arid employees from any :and all actions, clairns., damages, or expenses which may be asserted by any person or entity, agairrst the City, its agen,ts, officials, and employees, ar.ising ou't ~:of, or: in conneetion with, the activities of Qwners, their agen:ts, su:bcon- tractors, and employees~, under the terms of this Agreement, or other aetions taken by Owners;~ their agents, subcontractors, and employees, reTating to the Home- Relo`cation work performed at. the ;new lot in the Niadison. Manor sub;division: T.his provision for hold harmless and indemnificatiom tiy ~Ow.ners shall include any insurance subrogation claims .brou~ght against, the City by. Owners' insuran'ce~ carr'ier, as a result of any proceeds which may be, or may have been paid, to Ow:ners as a resu.lt~ of ~any storm d'amages having qccurreci to Owners or Owners' pr.operty since Jan:uary 1, 1982, to and including the date of this ~ Agreement. - ~~- (6) O wners represent and warrant that there are no liens or claims' of 1'ien or assig_nments in law or equity or otherwise: :of or _ agains,t any cl"aim or , cause of action of Owmers ~ herei~n., and if tYiere are an,y such lieris, assignments, .or ~other elaims, Owners' a~`gree to pay said liens,,. ass'ign.ments, or ot'her claims ;an;d; t'o defend. and hold' harmless the. Ci:ty therefrom;' and, that Owners are entitled to gi'-ve th'is complete r.elease and dis- charge. C.. In furt'lier consideration of City's; exp "ressly release and for:e,ver discharge~ City employees from any and all :claims, demarids, of aetion; of e~ery kind known or unknown, connected wi"th the flooding of the property Petaluma, California,: between January 1, Agr;eement, or any time hereafter. promises hereunder, Owner.s and its; agents, officers, and damages., actions, and causes arising out of or' in any .way located, at 3. Rio Yista Way, 19$2 and the date of this : This release is volun.tarily and knowi"ngly exeeuted wi'th- fhe express intent` of effecting the legal :consequences pr-.o~ided by Section 1541 of the California. Civil Cod'e,,, thafi is,, the extin'g,uishmeri"t of oblig:ations as herein set ; forth. It is further agreed that" all r-ig'h;ts .under. Section 1542 of the California Civil Code :are. ;hereby expressl,y waived, That Section reads as follows: ~ - • A general rel`ease,- doesi not extend to cla.ims which the creditor ~ does not know or. suspeet to exisf~ in his' favor at the time of executing ' the release:, which .if `known by him must~:have °materially affected ! his settlement with fhe de6tor. ~ v. Gi,ty shall ~irnmediately obtain a preliminary title report on said property at 3: Rio Vista W'ay, Petaluma, Galifornia, ancl advise Owner within fifteen .(15) days from date of receipf thereof:,. as to the status of title. If City objects to any indicated exceptions to th~e title, Owner shall use dilig;en°t efforts to remove said exception(s) 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 for..ce and effect. ' ~ E. City .shall open an escrow account, w:ith a title company of City's selecfion. A11. cos:ts~ of escrow," recording fees, and reiated costs, shall be paid' b.y Ci~t.y,~. Escrow shall close wi"thin 45 days of the date of this A~greeinent.. Prior to close: of escrow, both parties shall deposit with the escrow h'older;, all documents necessary to complete the fransfer in accordamce: with the terms hereo:f, including a Grant Deed from Owners to City of the 1'o.t at 3 Rio Vista Way, Petaluma, Califor,nia. E. This Agreement°;; upon execution, shall be recorded in the Official Recard's of Sonoma County and shall be binding upon the heirs, successors, and assigns of the parties hereto. O:wners~' signatures here.to must b'e acknowledged. before 'a register.ed Notary Public. ~ - 3- ~ ~• ' , = r~ ~ ~~. . G. The real property taxes on the property at 3 P..io Vista ~'Vay, Petaluma., sha11 b:e~ prorated .as of the date of close of escrow. H. If tlie parties become involved in liti°gation arising out of the terzns and conditions of this, Agreement`,, the p:r,evai°ling party shall be en;titled to recover frorn the losing party all costs of suit:, including reasonable attor.ney'S fees. IN WITNESS T'HE~REOF, the parties her,eto' en~ter info this Agreement on the: day and year above. s,tated. CITY OF PETALUMA, a r.iunicipal ' Corporation, OWNERS By; Gity IVlanager Aaron Newman Linda Newman ATTEST: ~ . City Clerk Approved as to form: City Attorney Approved: Fin . Dir . Auditor -4-