HomeMy WebLinkAboutAGENDA REPORT 1988 0504 CC REG ITEM 08N ITEM w.A .
PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into by and between
Charles J. Gisler and Myrtle H. Gisler
hereinafter called "Grantor", and
City of Moorpark
hereinafter called "City" .
An instrument in the form of a grant deed covering the property
particularly described therein, has been executed and delivered to the
City
In consideration of which, and ether considerations hereinafter
set forth, it is mutually agreed as follows:
1. The parties have herein set forth the whole of their
agreement. The performance of this agreement constitutes the entire
consideration for said document and shall relieve the City of all
further obligation or claims on this account.
2. The City:
A. PAYMENT - Shall pay to the order of the Grantors, as
consideration in full for the herein real property, the sum of
$10,000. Said sum includes compensation for the land and improvements
within the herein real property boundaries. Payment shall be made
after title to said real property has vested in City free and clear of
all liens, encumbrances, assessments, easements and leases recorded or
unrecorded, except for recorded public utility easements and right of
way.
B. DRAINAGE AND DRIVEWAY IMPROVEMENTS
1. Shall construct earthen drainage swale to provide
interim drainage back of the edge of pavement of APN
511-0-080-060 from the east property line of said
property to the catch basin at Station 19+70.
2. Shall convey water across the driveway apron of the
existing eastern driveway of said property as determined
by the City Engineer by either of two alternatives as
follows:
A. A pipe underneath the driveway, or
B. A paved surface drainage swale.
3. Shall make necessary modification on the private
property portion of the aforementioned driveway to
insure that the method of drainage selected pursuant to
Number 2. above is workable.
4. Shall work with Southern California Edison on the pole
relocation so that the sight distance from the
aforementioned driveway is not adversely modified from
that which currently exists.
C. RECORDATION OF INSTRUMENT- Shall accept the herein referenced
instrument and cause the same to be recorded in the office of the
Ventura County Recorder.
D. MISCELLANEOUS COSTS- Shall pay all fees, charges, and costs
in this transfer, excluding those amounts necessary to clear all liens,
encumbrances, assessments, easements, and leases as required to convey
clear title of said property.
3. The Grantor:
A. PAYMENT ON MORTGAGE OR DEED OF TRUST - Agrees that any or all
monies payable under this Agreement up to and including the total
amount of the unpaid principal and interest on the note(s) secured by
mortgage(s) or deed(s) of trust, if any, and all other amounts due and
payable i❑ accordance with the terms and conditions of said mortgage( s)
of deed(s) of trust, shall upon demand(s) be made payable to the
mortgagee(s) or beneficiary(s) entitled thereunder; said mortgagee( s)
or beneficiary(s) to furnish Grantor with a good and sufficient receipt
showing said monies credited against the indebtedness secured by said
mortgage(s) or deed(s) of trust.
B. LEASE INDEMNIFICATION - Warrants there are no oral or written
leases on all or any portion of the herein referenced real property
exceeding a period of one month, or if there are such leases, Grantor
agrees to hold the City harmless and reimburse City for any and all of
the expenses occasioned by reason of any lease of said property held by
tenant of Grantor for a period exceeding one month.
C. GRANT OF EASEMENTS- Agrees to grant all slope, construction
and access easements necessary for construction of the aforementioned
interim drainage swale and driveway modifications.
4. The Parties agree:
A. JUDGEMENT IN LIEU OF DEED- In the event Grantor is unable to
deliver title in a reasonable time under the terms of the Agreement,
the City may file an action in eminent domain to pursue the acquisition
of this parcel , and this Agreement shall constitute a stipulation which
may be filed in said proceedings as final and conclusive evidence of
the total amount of damages for the taking, including all of the items
listed in Section 1260. 230 of the Code of Civil Procedure, regarding
this parcel .
B. ARTICLE HEADINGS - Article headings in this Agreement are for
convenience only and are not intended to be used in interpreting or
construing the terms, covenants and conditions of this Agreement.
C. COMPLETE UNDERSTANDING - This Purchase Agreement constitutes
the entire understanding between the parties with respect to the
subject matter hereof, superseding all negotiations, prior discussions,
and preliminary agreements or understandings, written or oral . This
Agreement may not be amended except in writing by the parties hereto or
their successors or assigns.
Dated: GRANTOR:
Lllur ies U. UI ICI
Myrtle H. Gisler
ATTEST: CITY OF MOORPARK:
CITY CLERK MAYOR