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21 OP .. .... . . . . . . . . . Project GCEP~ PARK BLVD WIDENING . Parcel 11 Title Report No. 675 1810 Ti tIe Officer:~. Brawders Seller FRIEDMAN, Jay S.. M-ichael & Address l:nnys Phone No. AGREEMENT The following Agreement is entered into, in duplicate, be- tween the City of Santa Monica, hereinafter called "Buyer" and JAY S. FRIEDMAN, MICHAEL FRIEDMAN AND ANNYS FRIEDMAN the undersigned owner(s), hereinafter called "Seller". For $ 24,000.00 , to be paid as herein provided, Seller agrees to sell, and Buyer agrees to buy, the following described real property, located in the City of Santa Monica, County of Los Angeles, State of California: Tl;e South\vesterly 85 feet of Lot 18 in Block "}i" pf Vawter's Ocean Vlew Tract, as per illap recorded in Book 9 pages 1 and 2 of Miscellaneous Records, in the office or the County Recorder of said County. (1) Seller authorizes Buyer to immediately proceed to cause title to said property to be cleared of trust deeds, liens, encumbran- ces, etc., so that upon recordation of the deed hereinafter referred to there may be secured from a reputable title insurance company in Los Angeles County a policy of title insurance, on its standard form, in- suring title to said property to be vested in Buyer, in the sum of $ 24,000.00 , free and clear of all taxes, assessments, con- ditions, reservations, restrictions, exceptions, defects, easements, -1- .,~ .,~ I . j' . . . rights of way, liens and/or encumbrances of whatsoever nature, except: (a) Taxes as follows: Current Taxes and except such as Buyer may elect to waive. Such waiver shall be ef- fective only when in writing and signed by Buyer's city Manager. The policy of title insurance, all deeds and documents required herein shall be satisfactory to, and approved as to form by, the City Attorney. (2) Coincidentally with the execution and delivery of this Agreement, Seller shall deliver to Buyer a grant deed to the property herein described. (3) Should a preliminary search of title reveal any defects of title, Seller agrees to cooperate with Buyer and with the title company, to the fullest extent of his ability, to correct such defects. (4) tAJhen the ti tIe, deed and all documents are satisfactory, Buyer may then cause the deed to be recorded with the County Recorder of Los Angeles County. (5) Buyer shall then obtain the policy of title insurance. Furnishing of said policy shall be at the expense of Buyer. (6) The City of santa Monica claims exemption from payment of Federal Documentary Stamp Tax, but such exemption does not necess- arily extend to the Seller herein. Payment of any such stamp tax, if found due, shall be by the Buyer. -2- ~~ ~ ; (6a) All City and County taxes shall be computed, pro- rated and paid as provided by law outside of this transaction. (6b) Buyer shall pay demands for elimination of encum- brances, liens, etc. , and costs in connection therewith and Buyer shall deduct such payments and costs from funds otherwise due Seller. Before such payments are made Seller will present to Buyer for verification the amounts due on such encumbrances, liens, etc. (6c) Buyer represents that it is acquiring the herein described property for an authorized public use and Buyer's purchase thereof is made as a negotiated settlement in lieu of acquisition by condemnation proceedings to expedite construction and completion of the public use and to avoid the delay, uncertainty and expense that a con- demnation action would entail. (6d) Except for oil leases, if any, Seller warrants that there are no oral or written leases on all or any portion of said property exceeding a period of one month and Seller agrees to indemnify, save and keep Buyer free and harmless from and against and to reimburse Buysr for any and all losses and expenses occasioned by reason of any lease of all or any portion of said property held by any tenant of Seller for period exceeding one month. (6e) Seller will deliver possession, together with keys, to Buyer, free of tenants or occupants, upon payment of the amount due Seller hereunder, (6f) This sale does not include furniture, furnishings or other items of personal property, as may be located in or on the premises, provided that any such items remaining at the time of delivery of possession to Buyer shall be deemed to have been abandoned, and Buyer may deal with or dispose of the same as it alone sees fit. -3- '-..? ,I, ~ , , . . (6g) Seller consents to the dismissal of any eminent domain action in the Superior Court of the state of California in and for the County of Los Angeles wherein the herein described property is included and waives all attorney's fees, costs, disbursements, and ex- penses incurred in connection therewith, and waives claim to any de- posit made by Buyer in such action. ( 7) When the above mentioned policy of title insurance has been received, and approved by the city Attorney as aforesaid, Buyer shall immediately cause to be prepared and delivered a check, in the usual form, drawn upon Buyer's City Treasurer in the amount set forth above less any deductions provided for herein. (7a) Rentals will be pro-rated and adjusted as of the date ot pa:vment - 1. acco:cda:o,c(' with the rental statement executed simultaneous herewitl1. ( 8) If for any reason Seller's deed is not recorded within one hundred twenty (120 ) days from the date of this Agreement, then either party hereto may, by written notice, terminate this Agreement. Upon any termination all rights and obligations of the parties shall thereupon be free of and released from all liability hereunderi pro- vided, nevertheless, that Seller shall be entitled to the return of his deed. (9) Any notice to Seller hereunder shall be deemed received and effective either upon personal service or upon deposit in the United States mail in a sealed envelope with postage prepaid and addressed to Seller as follows: -4- ,,:.;/- {'t-;;> . ""_tf It" '" . . . Any notice to Buyer hereunder shall be effective only upon receipt thereof by Buyer's city Manager, Room 205, City Hall, Santa Monica, california. IN WITNESS T~REOF, the parties hereto have caused these presents to be executed with all the formalities required by law on the dates set opposite their respective signatures. 1 f' ~?" ,........."'. _. {' . ~/t~, ~" :- .._. ~.,./ /} I Jc.:.-t'l. , 19~ ./t~/ -,"'-; , ' '2<;,,/c~t.d"'~/"-- / Jc,W S. F edman I~~ -J~ , 196?>'//~k l ~ #.w.OAJ - 11:LC"[,1r'el Friedman / L( J ~ , 196"'b '''/'',~'{] /-A':t ~e::;L~7<.:d>7'-'" k&A!.~~Y};Z"':,y,/t'</ i. . ..~ y jm~ vFriedman ,,"'--; , 1967 , 1967 SELLER CITY OF SANTA MONICA, a municipal cor~r~ / 1-/'8''''//6 Bv "',' /~~ er 1 Sco t C' Y Manager APPROVED AS TO FORM: ---~ _~,;.~,.rc;.? -c,'P' 6:::;.{ C2 .- ,. >~ -- ,.... ---- " Assistant city Attorney -5- --:;;,1- /}f/ . < . .' RECORQING REQFESTED BY. 282 . . .. CJ Df Senta I-Janice ~K D3906rG 827 AND WHEN RECORDED MAIL TO ,.. Sante. lllonica -, O:C Name of the C5.ty ^ttorne~7 Str..t IIal1 Address file '7..1"1 Street RAY L. LEE, County Recorder: City & Q"",.'- ~'I ." C;:d;f ~ State L L.-,nn L8 ..l' onJ.Cct, SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS 10 Deeen PBX]" Boul(~v8,rd from Lincoln I -, Blvd to fIeilson Clay Name Perce] 11 Street 5 Address City & ~ No tax due State L AFFIX I.R.S. $...............,....IN THIS SPACE I Grant Deed I TO 405 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Ja.y S. Friedman, Miohael Friedman, and Annys Pried man Witkowsky hereby GRANT(S) 10 the CITY OF S,i'\NTA MONICA, a municipal corporation the following described real property in the C of Santa Moni.ca County of Los .AngeleE , State of California: The SOlJt:h\~rsr:;.~terly 85 feet of Lot 1Q in Block "H" of Vawter's Ocean ^"-\/ V'J,ew Tract, as T)er recorded in Book 9 pages 1 and 2 of Miscellan- Tl ": in the of the County Recorde1: of said Cou,uty eO\JS J.\..ecoro..s FREE RECORDING REQUESTED ESSENTIAL TO ACQUISITION by City of Santa r'1onica SEE Gov't code 6103 tHIS NECESSARY IN CHAIN OF [In!! Dated 1/1.2/68 // I STATE OF CALIFORNIA t;:~ TO 447C ~K D3906rG 828 'I (Individual) ) I 4" ( 55. JEAN I. BARLEY i before me, the under- NOTARY P,-IBLlC. CAUFORNIA sived, a Notary Publie -in and" for said County and State, personally ~ PRINCJPAL OFFICE IN LOS ANGELES COUNTY ... ap~ed ~ " =-~...::.;V' <");COO~1t ... f.-?'lA-~a . ~ ~~,A/ 2t)r~/~ I X c. W. BUi~GE ... NOT A f, '( i" U 8 L! G ... .. , known to me STATE OF CALIFORNIA, c COUNTY OF LOS ANGELES ~ to he the person_whose name~ubscribed to the within ~ -( instrument and acknowledged that .' - executed the same. WITNESS ,WY,hand and official seal. ary Public I ,,-') ~ ~ ~ OUNTY J Juno 12. 196' (This area for otficml notarial seal) Signature U (;~~ . .' 1970 E:scrow or Loan No. Na ~~~P~\9Rn e Notary Public in and for said County and State MAIL 'AA ;>'A'CMC"'''' AS DIRECTED ABOVE !, @ . , I I I I Q ~ Q) ~ ~ ~ C,) ~ 6 Q @ ~ ro !II" ro ~ "'~ t:...... t---4 5~ s ~~ ~ E-t rJ1 0 CO ~ ~ ~C) ~~ fIIL1 ~ ro .. z ~ ..,,;oJ ~o "" rJ1 Vl x ~::;j ...!: .~ ~ t;~ ~ E-4 E-4 ~ I o o Q "' ~ ~ S ~ I ~ @ ~ro L i Q ro"" 'j~ ~ ~ _ !:o t:...... r--, ::;j~ S :~ ~ rJ1 ~ 0 !:!g Z E-t ~ roC) ~i ~ ..,,;oJ ~o "" rJ1 !II X ~::;j ~~ ~ E:: ~ i o I @ .. '. .. . . . . . ' . . . a. ,., , ~ e e . ,. BKD3906PGB29 CERTIFICATE OF ACCEPTANCE This is to certify that the City of Santa Monica, California, a municipal corporation, the grantee herein, by and through its regularly appointed and qualified City Attorney , hereby accepts the ~eal property or interest therein conveyed by the within deed and consents to the recordation thereof by au- thority of a resolution of the City Council of said City, a certi- fied copy of which is recorded in Book D1502, page 621, of Official Records of Los Angeles County, California. IN WITNESS lA1HEREOF, I have hereunto set my hand this 17th day of January , 19 68 . . ~ Ct) ~