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HomeMy WebLinkAboutAGMT - Luraschi, Robert & Annbelle (106 Central Avenue-Krenwinkle House) July 24 2000 TERMINATION NOTICE Dear Mr. Dan Dorsey, I am writing this letter to inform you that my mother and I wish to terminate the agreement we have with the city of Seal Beach regarding the Krenwinkle house located at 106 Central ave. Please accept this letter as our 20. day written notice as provided in paragraph 11 of amendment number four. • Sincerely, Grantors -ROBERT LURASCHI ANNABELLE LURASCHI • •uly,24 2000 ACCEPTANCE OF INSURANCE This letter is to verify that Bob and Annabelle Luraschi have received proof of insurance ( liability) from Chris Verhulst as a general contractor, and Cen -Cal Heaving Moving INC. Please sign .. ,.; c • • • I.2/13I1q • fY -kbv .tik —Ce, 24 e • AMENDMENT NUMBER FOUR THIS AMENDMENT ( "Amendment ") is made and entered into as of the 3' day of December, 1999, by and between ROBERT LURASCHI and ANNABELLE L ASCHI (collectively, "Grantors "), and the CITY OF SEAL BEACH, a municipal corporation (the "City "). Recitals A. By agreement dated December 31, 1995 (the "Agreement "), Grantors conveyed to the City a single family residential structure, referenced therein and herein as the Improvements." B. Pursuant to Paragraph 6 of the Agreement, as extended by amended agreement, Grantors were required to leave the Improvements on the Property undisturbed until December 31, 1999. If the City did not remove the Improvements from Grantors' property by such date, then the Grantors had the right, at any time, following 20 days prior written notice to the City, to declare the Improvements abandoned and to demolish and remove any and all such Improvements from the property at the Grantors' sole cost and expense. C. The parties hereto agree to extend the date set forth in Paragraph 6, in the amended agreement, to December 31, 2000. The Agreement has been amended on three previous occasions. The amended agreement shall hereinafter be referred to as the "Amended Agreement." NOW, THEREFORE, the parties hereto agree as follows: 1. Paragraph 6 of the Amended Agreement is hereby amended to change the date of December 31, 1999 to December 31, 2000. 2. The Amended Agreement shall be further amended by adding thereto a new paragraph 11 to read as follows: "Either party may terminate this Agreement by providing 20 -day written notice to the other party." • • • • • � • 3. Unless otherwise provided herein, all other terms and provisions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have entered into this Amendment as of the day and year first above written. CITY OF SEAL BEACH, GRANTORS: a municipal corporation: ROBERT r Cc.� - / tit T L SCHI Mayor 2 • emoore Attest: ANNABELLE LURASCHI City Clerk • • • 2 fi t. ca - rt..771.4..e.1" • - 4111 AMENDMENT NUMBER THREE THIS AMENDMENT ( "Amendment ") is made and entered into as of the day of December, 1998, by and between ROBERT LURASCHI and ANNABELLE LURASCHI (collectively, "Grantors "), and the CITY OF SEAL BEACH, a municipal corporation (the "City "). Recitals A. By agreement dated December 31, 1995 (the "Agreement "), Grantors conveyed to the City a single family residential structure, referenced therein and herein as the "Improvements." B. Pursuant to Paragraph 6 of the Agreement, and extended by Amendments Number One and Two, Grantors were required to leave the Improvements on the Property undisturbed until December 31, 1998. . If the City did not remove the Improvements from Grantors' property by such date, then the Grantors had the right, at any time, following 20 days prior written notice to the City, to declare the Improvements- abandoned and to demolish and remove any and all such Improvements from the property at the Grantor's sole cost and expense. C. The parties hereto wish to extend the date set forth in Paragraph 6, and extended by Amendment Number Two, to December 31, 1999. NOW, THEREFORE, the parties hereto agree as follows: 1. Paragraph 6 of the Agreement and Amendment Number Two are hereby amended to change the date of December 31, 1998 to December 31, 1999. 2. Unless otherwise provided herein, all other terms and provisions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have entered into this Amendment as of the day and year first above written. CITY OF SEAL BEACH, a GRANTORS: municipal corporation: Gam f/ � :c.. ROBERT LURASCHI Mayor ProTe ANNABELLE LURASCHI . __ , City Clerk / • 4 AMENDMENT NUMBER TWO T IS AMENDMENT ( "Amendment ") is made and entered into as of the day'of December, 1997, by and between ROBERT LURASCHI and ANNABELLE LURASCHI (collectively, "Grantors "), and the CITY OF SEAL BEACH, a municipal corporation (the "City "). Recitals A. By agreement dated December 31, 1995 (the "Agreement ") and Amendment Number One dated December 31, 1996, Grantors conveyed to the City a single family residential structure, referenced therein and herein as the "Improvements." B. Pursuant to Paragraph 6 of the Agreement, and extended by Amendment Number One, Grantors were required to leave the Improvements on the Property undisturbed until December 31, 1997.. If the City did not remove the Improvements from Grantors' property by such date, then the Grantors had the right, at any time, following 20 days prior written notice to the City, to declare the Improvements abandoned and to demolish and remove any and all such Improvements from the property at the Grantors' sole cost and expense. C. The parties hereto wish to extend the date set forth in Paragraph 6, and extended by Amendment Number One, to December 31, 1998. NOW, THEREFORE, the parties hereto agree as follows: 1. Paragraph 6 of the Agreement and Amendment Number One are hereby amended to change the date of December 31, 1997 to December 31, 1998. 2. Unless otherwise provided herein, all other terms and provisions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have entered into this Amendment as of the day and year first above written. CITY OF SEAL BEACH, a GRANTORS: mun'cipal corpora ion • By : ikt . _ _ 1 J. �..:� ► ►1 ' ROBERT LURASCHI `a +r ANNABELLE LURASCHI .I ',! ) ie, C Clerk • -2- • • All III • AMENDMENT NUMBER ONE THIS AMENDMENT ( "Amendment ") is made and entered into as of the ,Id/ day of December, 1996, by and between ROBERT LURASCHI and ANNABELLE LURASCHI (collectively, "Grantors "), and the CITY OF SEAL BEACH, a municipal corporation (the "City "). Recitals A. By agreement dated December 31, 1995 (the "Agreement "), Grantors conveyed to the City a single family residential structure, referenced therein and herein as the "Improvements." B. Pursuant to Paragraph 6 of the Agreement, Grantors were required to leave the Improvements on the Property undisturbed until December 31, 1996. If the City did not remove the Improvements from Grantors' property by such date, then the Grantors had the right, at any time, following 20 days prior written notice to City, to declare the Improvements abandoned and to demolish and remove any and all such Improvements from the property at the Grantors' sole cost and expense. C. The parties hereto wish to extend the date set forth in Paragraph 6 to December 31, 1997. NOW, THEREFORE, the parties hereto agree as follows: 1. Paragraph 6 of the Agreement is hereby amended to change the date of December 31, 1996 to December 31, 1997. 2. Unless otherwise provided herein, all other terms and provisions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have entered into this Amendment as of the day and year first above written. CITY OF SEAL BEACH, a GRANTORS: municipal corporation / By ROBERT LURASCHI Mayo Artest: zt1Z _ er,�% ANNABELLE LURASCHI '';,Ii - 1' fity Clerk -1- r .. i • • AGREEMENT THIS AGREEMENT (this "Agreement ") is made and entered into as of the .3 / day of Q ,Pw,. , 1995, by and between ROBERT LURASCHI and ANNABELLE LURASCHI (collectively, "Grantors "), and the CITY OF SEAL BEACH, a municipal corporation (the "City "). Recitals A. The Grantors are the owners of that certain real property (the "Property ") located at /The City of Seal Beach, County of Orange, State of California, which is legally described as follows: Parcel 1 of Parcel Map No. 91 -175, as per Map recorded on April 22, 1992, in Book 270, pages 23 and 24 of Maps, Orange County, California. B. The Property is improved, among other things, with a single family residential structure. All improvements, including the single family residence thereon, are referred to herein as the "Improvements." C. The Grantors wish to donate the Improvements to the City, and the City is willing to accept such donation pursuant to and in accordance with the terms of this Agreement. • NOW, THEREFORE, the parties hereto agree as follows: 1. The Grantors hereby warrant and represent that: (i) they are the owners in fee simple of all Improvements on the Property, (ii) no other person or entity has any ownership interest in the Improvements, nor does any person or entity have a right to lease, occupy or use the Improvements, (iii) no person or entity is the holder of any lien, encumbrance, mortgage, or deed of trust, or have the right to same, and (iv) they have the full power to convey the Improvements without the consent of any other person or entity. 2. The Grantors hereby donate, convey and transfer to the City all right, title and interest to all Improvements on the Property. Effective as of the date hereof, all such Improvements shall be the Property of the City, and the City shall have the right to remove such Improvements at any time from the Property, without prior notice to the Grantors. 3. The City hereby accepts the donation of the Improvements by the Grantors. 4. The Grantors hereby grant to the City a license to enter onto the Property at any time, for the purpose of removing the Improvements therefrom. -1- 4 • • 5. The Grantors covenant that until the City removes the Improvements from the Property, the Grantors shall not: (i) transfer any interest in the Improvements or the Property to any other person, (ii) encumber, hypothecate, or mortgage the Property, the Improvements, or any part thereof, or (iii) lease, rent, or permit any person or entity to use or occupy the improvements or the Property. u° 6. The Grantors shall leave the Improvements on the Property undi turbed for a period commencing with the date hereof and ending on December 31, 1996 The City agrees that if the City does not remove the Improvements from the Property by such date, then the Grantors shall thereafter have the right, at any time, following 20 days prior written notice to the City, to declare the Improvements abandoned and to demolish and remove any and all such Improvements from the Property at the Grantors' sole cost and expense. 7. The City is under no obligation to remove any or all such Improvements at any time. If the City elects to remove such -Improvements from the Property, such removal shall be undertaken by the City at the City's cost and expense. The City shall not have any liability for any damage to the Property occurring by reason of the removal of the Improvements, and the City shall not have any obligation to remove, clean, regrade, or restore the remaining Property following the City's removal of the Improvements. Any remaining debris, utility connections, foundations, or other structural or non - structural components of the Improvements may, at the City's option, remain at the Property following removal of the Improvements. The Grantors hereby fully and absolutely release the City on account of the condition of the Property following the City's removal of the Improvements, 8. So long as the Improvements are on the Property, the Grantors shall secure the Improvements and keep the Improvements in a safe condition. The City shall not have any obligation whatsoever to maintain the Improvements on the Property, and the Grantors hereby release the City from any and all costs, causes of action, damages or liabilities the Grantors might suffer by reason of any injury or loss arising from the Improvements or their condition. To this end, until the City's removal of the Improvements from the Property, the Grantors shall indemnify, defend, protect, and hold harmless the City and the City's officers, agents, employees, and volunteers from and against any and all claims, losses, proceedings, damages, causes of action, liabilities, costs and expenses, (including attorneys° fees) arising from or in connection with, or caused by (i) any act, omission or negligence of the Grantors or the Grantors' licensees, invitees, agents, servants or employees, wheresoever the same may occur; (ii) any use of the Improvements or the Property, or any accident, injury, death or damage to any person or property occurring in, on or about the Improvements or the Property or any part thereof, or from any activity, work or thing done, permitted or suffered by the Grantors or their contractors, employees, servants, or invitees, in or about the Improvements or the Property or elsewhere; and (iii) any breach or default in the performance of any obligations on the Grantors' part to be performed under the -2- • terms of this Agreement (including breach of the Grantors' obligation to secure and maintain the Improvements in a safe condition), or arising from any negligence of the Grantors, or any such claim or any action or proceeding brought thereon; and in case any action or proceeding is brought against the City by reason of any such claim, the Grantors, upon notice from the City, shall defend the same at the Grantors' expense with counsel satisfactory to the City. The Grantors, as a material part of this Agreement, hereby assume all risk of damage to property or injury to persons in, upon or about the Property or the Improvements arising from any cause whatsoever, until the City's removal of the Improvements (if at all). These provisions are in addition to, and not in lieu of, the insurance required to be provided below. • 9. Until the'City's removal of the Improvements, the Grantors shall procure at their sole cost and expense, and shall keep in effect from the date of this Agreement and at all times until the City's removal of the Improvements from the Property, a policy of general liability insurance applying to the Improvements and the Property. Such coverage shall have a minimum combined single limit of liability of at least One Million Dollars ($1,000,000). Such insurance shall include Blanket Contractual Liability coverage. Such policy shall be written to apply to all bodily injury, property damage, personal injury and other covered Toss, however occasioned, occurring during the policy term. All liability insurance shall be endorsed to add the City and its council members, officers, employees, attorneys and agents as additional insureds, and to provide that such coverage shall be primary and that any insurance maintained by the City shall be excess insurance only. Such coverage shall be endorsed to waive the insurer's rights of subrogation against the City. Coverage shall • state that the insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California, or carriers with a rating of, or equivalent to, A:VIII by A.M. Best & Co. The Grantors shall deliver to the City copies of policies of such insurance or certificates evidencing the existence and amounts of such insurance with additional insured clauses and endorsements as required by this Section. All insurance described in this Section shall be endorsed to provide the City with 30 days' advance notice of cancellation or change in its terms. The procuring of such required policy of insurance shall not be construed to limit the Grantors' liability hereunder, nor to fulfill the indemnification provisions and requirements of this Agreement. 10. This Agreement constitutes the entire agreement of the parties, hereto. In the event of any litigation concerning this Agreement, the prevailing party shall be entitled to receive its attorneys fees from the losing party. This Agreement shall be binding upon, and inure to the benefit of, as the case may require, the parties hereto and their successors and assigns. , • -3- • • IN WITNESS WHEREOF, the parties have entered into this Agreement • as of day and year first above written. Grantors: CITY: C �� C �j ^_ City of Seal Beach, a nicipal cAlporati• ROBERT LURASCHI /i • ki M: -yo ir '4 a Ndri-a ,1-48 4 ortAlto' ANABELLE LURASCHI Attest: /ti Clerk / -4-