HomeMy WebLinkAbout1991-5318
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RESOLUTION NO.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, APPROVING THE ACQUISITION OF
CERTAIN PROPERTY LOCATED IN THE CENTRAL CITY
SOUTH REDEVELOPMENT PROJECT AREA AND
AUTHORIZING THE EXECUTION OF DOCUMENTS IN
CONNECTION THEREWITH
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7 WHEREAS, the City of San Bernardino, California (the
8 "City"), is a municipal corporation and a charter city duly
9 created and existing pursuant to the Constitution and the laws of
10 the State of California; and
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12 WHEREAS, the Community Development Commission of the
13 City of San Bernardino (the "Commission") on behalf of the
14 Redevelopment Agency
of the City of San Bernardino (the
15 "Agency"), is a redevelopment agency, a public body, corporate
16 and politic of the State of California, organized and existing
17 pursuant to the Community Redevelopment Law (Part 1 of Division
18 24) commencing with Section 33000 of the Health and Safety Code
19 of the State of California (the "Act"); and
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21 WHEREAS, the Agency has determined that it would be
22 desirable for the Agency to acquire certain real property and
23 improvements located thereon which real property and improvements
24 are generally located at 223-227 South "G" Street (the
25 "Property") for the purposes of assembling such Property for
26 future development in a manner consistent with the Redevelopment
27 Plan for the Central City south Redevelopment Project Area (the
28 "Redevelopment Plan"); and
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1 WHEREAS, the Property is located within the project
2 area subject to the Redevelopment Plan and the Redevelopment Plan
3 provides for the acquisition of land within the project area for
4 redevelopment purposes; and
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6 WHEREAS, the Agency proposes to acquire the Property
7 from the present owners thereof, Inland Beverage, a California
8 corporation, pursuant to the terms of that certain Purchase and
9 Sale Agreement, a copy of which is attached hereto as Exhibit" A"
10 and incorporated herein by this reference; and
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12 WHEREAS, the total purchase price to the Agency of the
13 Property as set forth in the Purchase and Sale Agreement shall be
14 the sum of One Million Two Hundred Seventy-Five Thousand Dollars
15 {$l,275,OOO} which purchase price shall be paid from bond
16 proceeds available from the project area subject to the
17 Redevelopment Plan; and
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19 WHEREAS, upon the Agency's acquisition of the Property
20 it is anticipated that such Property shall be held for future
21 development in a manner consistent with the provisions of the
22 Redevelopment Plan.
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24 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION
25 ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF
26 SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
27 FOLLOWS:
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1 section 1. The Recitals hereinabove are true and
2 correct and are incorporated herein by this reference.
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4 section 2. The Commission hereby approves the
5 acquisition of the Property pursuant to the terms of that certain
6 Purchase and Sale Agreement, attached hereto as Exhibit "A", for
7 the purposes of assembling such land for future development in a
8 manner consistent with the Redevelopment Plan.
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10 section 3. The Commission hereby authorizes the
11 Agency Chairman and Secretary on behalf of the Agency to execute
12 the Purchase and Sale Agreement and all other necessary documents
13 in connection therewith and take such actions as may be deemed
14 necessary in order to facilitate the acquisition of the Property
15 by the Agency.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, APPROVING THE ACQUISITION OF CERTAIN
PROPERTY LOCATED IN THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT
AREA AND AUTHORIZING THE EXECUTION OF DOCUMENTS IN CONNECTION
THEREWITH
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section 4.
This Resolution shall take effect upon
5 the date of its adoption.
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7 I HEREBY CERTIFY that the foregoing Resolution was duly
8 adopted by the Community Development Commission of the city of
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San Bernardino at a
Regular
meeting
day of
December
thereof, held on the
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1991, by the following vote, to wit:
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Approved as to
form and legal content:
By:
commission Members:
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ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
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NNETH J. HENDERSON
The foregoing resolution is
20 day of December , 1991.
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1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
2 CITY OF SAN BERNARDINO )
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I, KENNETH J. HENDERSON Secretary of the Communi ty
Development Commission of the City of San Bernardino, DO HEREBY
CERTIFY that the foregoing and attached copy of Community
Development Commission of the city of San Bernardino Resolution
No. 5318 is a full, true and correct copy of that now on
file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the Community Development Commission
of the City of San Bernardino this 2 day of
December , 1991.
of
community Dev lopment commission
of the City of San Bernardino
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EXHIBIT "A"
PROPERTY ACQUISITION AGREEMENT
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PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (the "Agreement") is
made and entered into as of the day of , 1991,
by and between the REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, a body corporate and politic (the "Agency") and
THOMAS C. MASON, a married man as his sole and separate property
("Mason").
WIT N E SSE T H
WHEREAS, Mason desires to sell the Property (as
hereinafter defined) to the Agency and the Agency desires to
purchase the Property from Mason; and
WHEREAS, in order to set forth the terms and conditions
of such purchase and sale, the Agency and Mason desire to enter
into this agreement.
NOW, THEREFORE, for and in consideration of the foregoing
premises and the mutual covenants contained herein, and for other
good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:.
ARTICLE I
PURCHASE AND SALE
section 1.00. Purchase and Sale. subject to the terms
and conditions of this Agreement, Mason hereby agrees to sell, and
convey to the Agency, and the Agency hereby agrees to purchase from
Mason, all of Mason's right, title and interest in and to the
following described property (collectively, the "Property"):
(a) Land. That certain real property (the "Land")
commonly known as 223-227 South "G" Street, San Bernardino,
California, and more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference;
(b) Improvements. All improvements, buildings,
structures and fixtures located on the Land (the "Improvements")
save and except for refrigeration equipment currently existing on
the Land, which equipment may be removed by Mason as hereinafter
set forth;
(c) Easements. All easements, if any, benefiting the
Land or the Improvements;
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(d) Rights and Appurtenances. All rights and
appurtenances pertaining to the foregoing, including any right,
title and interest of Mason in and to adjacent streets, gores,
alleys or rights of ways; and
(e) Water Riqhts.
rights, water courses, wells,
appurtenant to the Land.
All water, water rights, sewer
ditches and flumes located on or
ARTICLE II
PURCHASE PRICE
section 2.00. Purchase Price. The purchase price (the
"Purchase Price") for the Property shall be One Million Seventy-
Five Thousand Dollars ($1,075,000.00), and shall be paid by the
Agency to Mason, in immediately available funds, as follows:
(a) Deposit. Within three (3) days after execution of
this Agreement by the parties hereto, and final approval of the
Agreement by the Community Development commission, the legislative
body of the Agency (the "Commission"), an executed copy of the
Agreement and the Agency's check for Five Thousand Dollars
($5,000.00) (the "Deposit") shall be delivered to First American
Title Insurance Company, San Bernardino office (the "Escrow
Agent"). The Deposit is to be invested by the Escrow Agent in an
interest-bearing account for the benefit of the Agency.
(b) Cash at Closinq. The balance of the Purchase Price
shall be paid to Mason at Closing (as hereinafter defined).
ARTICLE III
PURCHASER'S ACCEPTANCE OF
PHYSICAL CONDITION OF PROPERTY
section 3.00. Physical Condition. During the Inspection
Period (as hereinafter defined), the Agency shall have inspected
the Property to the extent that the Agency deems necessary and
desirable. The Agency's failure to notify Mason prior to the
expiration of the Inspection Period as provided in Article X of
this Agreement, shall constitute the Agency's representation to
Mason that the Agency is satisfied in all respects as to the
location and physical condition of the Property, including without
limitation the physical condition and structural integrity of any
and all Improvements. The parties hereto acknowledge that, as of
the date of this Agreement, the Improvements have been damaged by
fire and that Mason intends to correct that damage to the extent
necessary to maintain the Improvements in a habitable condition.
The Agency agrees that the existence of such fire damage shall not
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be grounds for a determination by the Agency that it shall not
proceed with the transactions contemplated in this Agreement, as
provided in Section 10.00 of this Agreement. However, Mason agrees
to return the Improvements to a habitable condition by the date
that Mason's tenant, Inland Beverage (" Inland"), vacates the
Property, irrespective of whether Inland vacates the Property at
the closing, during the Initial Occupancy Period (as hereinafter
defined) or during the Second Occupancy Period (as hereinafter
defined). The parties hereto further acknowledge that, pursuant to
Section 7.00 hereof, Mason is agreeing to remediate certain
environmental contamination at the Property, and the parties hereto
agree that any environmental contamination at the Property which
Mason is agreeing to remediate pursuant to Section 7.00 hereof,
shall not be grounds for a determination by the Agency that it
shall not proceed with the transactions contemplated in this
Agreement.
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Section 3.01. As Is Status of Purchase. WITHOUT
LIMITING THE EFFECT OF THE PROVISIONS OF SECTION 3.00 HEREOF,
INSOFAR AS THEY RELATE TO MASON'S OBLIGATION TO RETURN THE
IMPROVEMENTS TO A HABITABLE CONDITION AS OF THE DATE THAT INLAND
VACATES THE PROPERTY, AND WITHOUT LIMITING THE EFFECT OF THE
PROVISIONS OF SECTION 7.00 HEREOF, INSOFAR AS THEY RELATE TO
MASON'S OBLIGATION TO REMEDIATE CERTAIN ENVIRONMENTAL CONTAMINATION
AT THE PROPERTY, THE AGENCY ACKNOWLEDGES THAT FOLLOWING SUCH
EXAMINATIONS AS THE AGENCY MAY ELECT TO MAKE DURING THE INSPECTION
PERIOD, THE AGENCY WILL HAVE EXAMINED AND APPROVED ALL THINGS WITH
RESPECT TO THE PROPERTY INCLUDING, WITHOUT LIMITATION, CONDITION,
TOPOGRAPHY, SOIL, COMPLIANCE WITH LAWS, SUITABILITY FOR PROPOSED
USE, COMPLIANCE WITH COVENANTS, CONDITIONS AND RESTRICTIONS,
LOCATION, COST, AVAILABILITY AND CAPACITY OF, AND ALL OTHER MATTERS
PERTAINING TO, UTILITIES AND SANITARY FACILITIES, AS THE AGENCY
SHALL HAVE ELECTED TO MAKE. BASED UPON THE FOREGOING, THE AGENCY
ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR ANY REPRESENTATIONS,
WARRANTIES OR COVENANTS OF OR IN THIS AGREEMENT, IT WILL BE
PURCHASING THE PROPERTY "AS-IS" AND "WITH ALL FAULTS" AS OF THE
CLOSE OF ESCROW.
ARTICLE IV
TITLE INSURANCE
Section 4.00. Mason's Obliaation to Provide Title
Insurance. Mason shall deliver to the Agency, within ten (10) days
after the Effective Date, as hereinafter defined, a preliminary
title report for an owner's title policy issued by First American
Title Insurance Company, together with legible copies of all
restrictive covenants, easements and other items listed as title
exceptions therein (each a "Title Defect"). The title policy to be
issued to the Agency pursuant to this section shall ensure fee
simple title to the Agency in the amount of the Purchase price,
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subject only to the exceptions shown therein to which the Agency
has agreed in writing. The Agency shall have ten (10) days after
its receipt of the preliminary title report within which to
disapprove any Title Defects shown therein, such approval or
disapproval to be within the Agency's reasonable discretion. If
the Agency fails to disapprove any particular Title Defect by
written notice delivered to and received by Mason within such time
period, then the Agency shall be deemed to have approved such Title
Defect. If the Agency disapproves any such Title Defect by written
notice delivered to and received by Mason within such time period,
then the Agency may terminate this Agreement unless Mason (without
any obligation to do so) cures the Agency's objection to such Title
Defect. Title Defects which the Agency approves or has been deemed
to have approved pursuant to this section shall be hereinafter
referred to as the "Permitted Exceptions." If Mason is unwilling
or unable to satisfy any title requirement or to cure any Title
Defect by the Closing, then Mason shall have the option to either
(a) extend the Closing by that period of time which is reasonably
required by Mason to satisfy the title requirement or to cure the
Title Defect, or (b) terminate this Agreement by written notice to
the Agency in accordance with the notice provisions of this
Agreement, in which case the Deposit and any other funds placed in
the escrow by the Agency shall be returned to the Agency. The
parties hereto acknowledge that the Property is presently
encumbered by a deed of trust which secures a loan funded through
the use of industrial development bonds and that Mason may elect to
extend the Closing, on a day to day basis, as may be necessary to
effect the reconveyance of such deed of trust.
ARTICLE V
CLOSING
Section 5.00. closing Throuah Escrow. Subject to the
provisions of this Agreement, the Agency and Mason shall consummate
and close the purchase and sale of the Property contemplated by
this Agreement when all of the conditions of closing for the
benefit of the parties hereto have been satisfied or waived, but in
no event later than November 29, 1991, or such later date as is
necessary to enable Mason to obtain a reconveyance of the deed of
trust securing the industrial development bonds, or on the first
business day thereafter if such date does not occur on a business
day, or at such other time as the parties hereto may agree upon in
writing (the "Closing"). Subject to the provisions of this
Agreement relating to the extension of the closing, if the Closing
does not occur as a result of the failure of a condition, then the
party hereto for whose benefit the condition exists may terminate
this Agreement, in which event the parties hereto shall have no
further rights or obligations pursuant to this Agreement and the
Escrow Agent shall return to the Agency the Deposit and any other
funds placed in the escrow by the Agency. The purchase and sale
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contemplated by this Agreement shall be consummated through an
escrow which the Agency and Mason shall cause to be established
with the Escrow Agent within three (3) days of the full execution
of this Agreement by the parties and approval of this Agreement by
the Commission. The date on which said escrow is established shall
be the "Effective Date." The parties hereto agree to be bound by
the Escrow Agent's supplemental instructions which are attached to
this Agreement as Exhibit "B" and also agree to be bound by any
other escrow instructions or escrow agreement required by the
Escrow Agent to perform escrow and title services customarily
performed within San Bernardino County, California. The Agency and
Hason agree to provide the Escrow Agent with executed copies of any
such escrow instructions or escrow agreement within five (5) days
after receipt thereof from the Escrow Aqent. Any escrow
instructions or escrow aqreement executed by the parties hereto
shall be in accordance with the terms and provisions of this
Aqreement, and any conflict between such escrow instructions or
escrow aqreement and this Aqreement shall be resolved in favor of
this Aqreement.
Section 5.01. Mason's Obliqations at Closinq. At
closinq, Hason shall deliver to the Escrow Aqent the followinq
documents (all duly executed and acknowledqed by Mason, where
required) :
(a) Deed. A grant deed in sUbstantially the form
attached to this Aqreement as Exhibit "C", executed by Mason and
conveyinq the Land and all Improvements thereon to the Aqency,
subject to no exceptions other than the "Permitted Exceptions."
(b) Title Policy. An owner's title policy in CLTA
standard form, naminq the Aqency as the insured in the amount of
the Purchase Price, insurinq that the Aqency owns fee simple title
to the Property, subject only to the Permitted Exceptions. The
Aqency, at its option, may elect to cause the title company to
endorse the owner's title policy in any manner the Aqency deems
appropriate, at the Aqency's sole expense. Further, the Aqency, at
its sole election, may require that the title policy be in an ALTA
standard form, in which case the Aqency shall be responsible for
the amount by which the cost for such ALTA policy exceeds the cost
for a CLTA policy.
(c) Foreiqn Person. An affidavit of Mason in the form
described by Treasury Requlation Section 1.1445-2 certifyinq that
Mason is not a "foreiqn person" as defined in the federal Foreiqn
Investment in Real Property Tax Act of 1980, and the 1984 Tax
Reform Act, as amended.
Section 5.02. The Aqencv's Obliqation at Closinq. At
Closinq, the Aqency shall deliver to the Escrow Aqent the followinq
(all duly executed and acknowledqed by the Aqency, where required) :
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(a) Purchase Price. The Purchase Price, in immediately
available funds, due credit being given for the Deposit, including
interest earned thereon.
(b) Evidence of Authoritv. A copy of the duly adopted
Resolution of the Commission, authorizing the execution, delivery
and performance by the Agency of this Agreement and the documents
required hereby, and designating one or more persons to execute
such documents in the Agency's name in connection wi th this
Agreement.
section 5.03. Closina Costs. Mason shall pay the
following closing costs: Mason's attorneys fees and costs, one
half of the fees and costs due to the Escrow Agent for services
rendered as escrow agent; all premiums and charges related to the
issuance of the owners title policy, except as provided in
section 5.01(b) above, and all abstract and title examination and
other costs related to the issuance of the ti tIe policy. The
Agency shall pay the following closing costs: the Agency's
attorneys fees and costs, one half of the fees and costs due to the
Escrow Agent for services rendered as escrow agent, and any changes
relating to the issuance of an ALTA title policy, if any, pursuant
to Section 5.01(b) above. Any additional fees and charges shall be
divided between the Agency and Mason in accordance with the
customary practice in the County of San Bernardino, California.
section 5.04. Proration. All real estate and personal
property taxes and assessments with respect to the Property (other
than with respect to the transfer thereof) for the year in which
the closing occurs shall be prorated to the Closing.
section 5.05. Delivery of Possession. Subject to the
provisions of this Agreement relating to the closing occurring no
later than November 29, 1991, as that date may be extended as
provided herein, upon the satisfaction by Mason of all of Mason's
obligations as set forth hereinabove, and upon the satisfaction by
the Agency of all of its obligations as set forth hereinabove, and
upon the satisfaction of any and all other conditions precedent to
this Agreement, if any, the Escrow Agent shall distribute to the
Agency and Mason the items and documents described in this
Article V , respectively, and the purchase and sale transaction
contemplated in this Agreement shall be finally consummated.
Delivery of possession of the Property to the Agency shall be made
at closing, except as set forth in Article VI.
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ARTICLE VI
POSSESSION OF PROPERTY BY MASON
AND/OR INLAND AFTER CLOSING
Section 6.00. Interim OCCUDancv. The Parties to this
Agreement agree that Mason and Inland shall have the right to
retain possession of the Property, including the use of all
existing Improvements, for a period of six (6) months commencing on
the date of the Close of Escrow (the "Initial Occupancy Period").
Said possession and occupancy shall be at no cost to Mason or
Inland for rent. Mason agrees that he or Inland shall be solely
responsible for all expenses of operation and maintenance of the
Property during the term of said occupancy. Mason agrees that he
or Inland shall provide the Agency with evidence of liability
insurance in a form, in amounts, and by an insurer acceptable to
the Agency in its reasonable discretion. Said insurance shall be
maintained by Mason or Inland during the term of its occupancy of
the Property at Mason's or Inland's sole expense. It is the
intention of the Parties to this Agreement that this section shall
permit continued occupancy by Inland and/or Mason and the operation
of Inland's existing business from the Property without paYment by
Inland or Mason to the Agency for such possession, but without cost
to the Agency of any kind relating to Mason's or Inland's continued
use and possession of the Property.
section 6. 01. Extension of Possession. The Parties
further agree that Mason or Inland may request an additional six
(6) month occupancy period, to commence upon the completion of the
Initial Occupancy Period by serving written notice of such request
on the Agency in accordance with the notice provisions of this
Agreement not less than thirty (30) days prior to the termination
of the Initial Occupancy Period. Upon such request, the Agency, in
its sole discretion, may grant an extension of the occupancy period
for a period not to exceed an additional six (6) months (the
"Second Occupancy Period"). During the Second Occupancy Period,
all terms and conditions relating to the continued occupancy of the
Property by Mason or Inland set forth in section 6.00 shall apply,
except that Mason or Inland shall pay a rental of $5,000.00 per
month for each month or portion thereof during which Mason and/or
Inland occupies the Property during the Second Occupancy Period,
wi th said rent to be paid in advance on the first day of each
month.
section 6.02. Notice of Intention to Vacate. Mason
and/or Inland shall give the Agency not less than thirty (30) days
notice of his or its intention to vacate the Property.
section 6.03. Removal of Refriqeration EquiDment. Mason
shall have the right to remove the presently existing refrigeration
equipment located on the Property at any time prior to the Closing,
during Mason's and/or Inland's occupancy of the Property during the
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Initial Occupancy Period, or, if applicable, at any time during the
Second Occupancy Period. A failure by Mason to remove said
refrigeration equipment within thirty (30) days of the date of last
occupancy of the Property by Mason and/or Inland shall be deemed a
waiver of Mason's right to remove such equipment.
ARTICLE VII
ENVIRONMENTAL REMEDIATION
section 7.00. Environmental Remediation of ProDerty.
The parties hereto acknowledge that Bright and Associates, of
Placentia, California, have previously conducted a Phase I
Subsurface Investigation of the Property, dated November, 1986, and
a Phase II Subsurface Investigation of the Property, dated
September, 1987 (collectively, "Studies"). The parties hereto
agree that Mason shall retain the responsibility of remediating any
environmental contamination which is identified in the Studies, in
a diligent and timely manner and to the satisfaction of the
government agencies exercising jurisdiction over environmental
contamination at the Property, notwithstanding the conveyance of
the Property to the Agency as provided in this Agreement. Subject
to the provisions of section 7.01, the cost of all such
remediation, whether occurring prior to the Closing or subsequent
thereto, shall be the sole responsibility of Mason. The parties
hereto acknowledge that such remediation shall not be completed
before the Closing.
section 7.01. AgencY Contribution to Environmental
Remediation. In consideration of the covenants contained in this
Agreement, the Agency agrees to pay to Mason, as and for a
contribution towards the environmental remediation of the Property,
the sum of Two Hundred Thousand Dollars ($200,000.00) (the "Agency
Contribution"). Said sum shall be paid through the Escrow Agent at
the Closing. The Agency Contribution shall be retained by Mason
regardless of the actual ul timate cost of remediation.
Notwithstanding the total ultimate cost of such remediation, the
Agency shall not be required to contribute any further amounts
towards such remediation which shall remain the sole responsibility
of Mason.
ARTICLE VIII
RISK OF LOSS
section 8.00. Casualty. without limiting the effect of
the provisions of Section 3.00 and Section 7.00 hereof, Mason
assumes all risks and liability for damage to or injury occurring
to the Property by fire, storm, accident, or any other casualty or
cause until the Closing has been consummated. Except for the fire
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damage and environmental contamination which is provided in section
3.00 and section 7.00 hereof, if the Property, or any substantial
portion thereof, suffers any damage prior to the Closing from fire
or other casualty, Mason shall serve written notice thereof on the
Agency within three (3) days of the occurrence of the event causing
such damage, upon which the Agency may either (a) terminate this
Agreement by delivering written notice to Mason of such termination
within five (5) days after Mason notifies the Agency of the
casualty, or (b) consummate the Closing, in which later event Mason
shall deliver to the Agency, at closing, any insurance proceeds
actually received by Mason in respect to such casualty or assign to
the Agency, at Closing, all of Mason's right, title and interest in
any claim to proceeds of any insurance covering such damage,
provided that in no event shall the Agency be entitled to receive
payment or assignment of insurance proceeds in an amount greater
than the Purchase Price. If the Agency fails to timely deliver to
Mason written notice of termination of this Agreement as described
in (a) above, then the Agency shall be deemed to have elected to
proceed in accordance with (b) above. These provisions shall not
apply to the fire damage and environmental contamination which are
referred to in section 3.00 and Section 7.00 hereof.
section 8.01. Determination of Substantial Portion. For
purposes of section 6.00, a "substantial portion" of the Property
shall be deemed to include any casualty loss equal to or greater
than twenty-five percent (25%) of the Purchase Price, and shall not
include any casualty loss of less than such amount. If any
casualty loss is less than a "substantial portion" of the Property,
then Mason may elect to (a) terminate this Agreement or (b) proceed
with Closing, in which event Mason shall deliver to the Agency at
the closing any proceeds actually received by Mason attributable to
the Property from casualty loss, or shall assign to the Agency at
Closing all of Mason's right, title and interest in and to any
claim to such proceeds.
Section 8.02. Disposition of DeDosit. If the Agency
elects to terminate this Agreement pursuant to section 8.00 (a)
above, then contemporaneously wi th such termination the Escrow
Agent shall immediately return the Deposit, together with all
interest accrued thereon, to the Agency, and upon the Agency's
receipt thereof, except as may be expressly otherwise provided
herein, neither party hereto shall have any further rights against
or Obligations to the other under this Agreement.
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ARTICLE IX
DEFAULT AND REMEDIES
section 9.00. Default and Remedies.
(a) Agencv Default. If the Agency refuses or fails
to consummate the purchase of the Property pursuant to this
Agreement for any reason other than termination hereof pursuant to
a right granted hereunder to do so, or breach by Mason of his
agreements hereunder, then Mason as his sole and exclusive remedy
shall have the right to terminate this Agreement by giving the
Agency written notice thereof, in which event neither party hereto
shall have any further rights, duties or obligations hereunder
except as may be otherwise provided herein, and Mason shall retain,
as liquidated damages, the Deposit together with all interest
earned thereon.
THE AGENCY AND MASON AGREE THAT IF THE AGENCY BREACHES IT
DUTIES UNDER THIS AGREEMENT:
(A) MASON'S DAMAGES WOULD BE DIFFICULT TO DETERMINE; AND
(B) THE AMOUNT OF THE DEPOSIT REPRESENTS THEIR BEST AND
MOST REASONABLE ESTIMATE OF MASON'S DAMAGES AT THE TIME OF THE
EXECUTION OF THIS AGREEMENT. ~
1~
Agency's Initials Mason's Initials
(b) Mason Default. If Mason fails to perform any of his
obligations hereunder, either prior to or at Closing, the Agency
may terminate this Agreement by notifying Mason thereof, at which
time the Deposit, together with all interest earned thereon, shall
be returned to the Agency. The Agency shall have such other
remedies as may be available to it under law or equity, including
specific performance of this Agreement. In the event that Mason
breaches his Obligations under this Agreement subsequent to
Closing, Mason shall be responsible to the Agency for any actual
monetary damages suffered by the Agency as a result of said breach,
and the Agency shall have such additional remedies as may be
available to the Agency in law or at equity.
Section 9.01. Fees and EXDenses. If either Party hereto
brings suit to enforce this Agreement, then the prevailing party
shall be entitled to recover from the other party reasonable
attorneys fees and costs incurred by the prevailing party and to
receive an award therefor from a court of competent jurisdiction.
-10-
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ARTICLE X
INSPECTION
section 10.00. Inspection. The Agency shall have until
5:00 p.m. Pacific Standard Time on the tenth day after execution of
this Agreement by both parties (the "Inspection Period") to inspect
the Property for structural soundness or such other purpose as the
Agency may deem necessary and proper and to determine, in the
Agency's reasonable discretion, whether or not to proceed with the
transactions contemplated in this Agreement. In the event that the
Agency, in its reasonable discretion, is not satisfied with any
aspect of the Property, and if the Agency and Mason have not
reached a written agreement in settlement thereof on or before the
last day of the Inspection Period, then the Agency shall deliver to
Mason a termination notice, to be received by Mason on or before
the last day of the Inspection Period, informing Mason of the
Agency's desire to terminate this Agreement. If such notice is
properly delivered, then the Escrow Agent shall immediately return
the Deposit together with all interest accrued thereon, to the
Agency without requiring any consent or notice from Mason and, upon
the Agency's receipt thereof, neither party hereto shall have any
further rights against or obligations to the other under this
Agreement, except as may be as may be otherwise expressly provided
herein. If the Agency does not properly deliver a termination
notice to Mason within the time period provided in this section,
then the Inspection of the Agency shall be deemed satisfactory to
the Agency and the Agency shall be deemed to have accepted the
Property in its existing condition. These provisions shall not
apply to the fire damage and environmental contamination which are
referred to in section 3.00 and section 7.00 hereof.
Section 10.01. Access to Propertv. During the Inspection
Period, Mason and Inland shall provide the Agency and the Agency's
agents with access to the Property upon reasonable notice and
during normal business hours. The Agency's inspection of the
Property shall not unreasonably disrupt the business operations of
Mason or Inland. The Agency shall be liable for any damage or
injury to any person or property occasioned by the acts of the
Agency, its employees, agents or representatives during any such
inspection, and the Agency shall, and does hereby, indemnify and
hold harmless Mason and Inland and its officers, directors, agents
and employees from any and all liens, claims, demands or liability
resulting therefrom.
-11-
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ARTICLE XI
MISCELLANEOUS PROVISIONS
Section 11.00. Broker's Commission. The Agency and
Mason each represent and warrant to the other that nei ther has
employed, retained or consulted any broker, agent or other finder
with respect to the Property except as provided for below, and
Mason and the Agency shall each indemnify and hold the other
harmless from and against any and all claims, demands, causes of
action, debts, liabilities, judgements and damages, including,
without limitation, costs and reasonable attorneys fees incurred in
connection with the foregoing, which may be asserted or recovered
against the other on account of any brokerage fee, commission or
other compensation arising in breach of this representation and
warranty. Mason acknowledges that he has retained Larry Taylor of
Lee and Associates and Al Steward of Schneider Commercial
Brokerage, each a licensed real estate broker in California and
that he shall cause any commission owing thereto to be paid to said
brokers by the Escrow Agent from the Purchase Price. Such
commission is compensation to the aforementioned real estate
brokers as Mason's agent only. The Agency shall have no obligation
to pay said brokers a commission or any other compensation for
their services. Mason shall have no obligation to pay any
commission or fee to any agent or broker, other than the brokers
identified hereinabove.
section 11. 01. Notices. All notices, demands or requests
required or permitted to be given pursuant to this Agreement shall
be in writing. If not otherwise provided hereunder, all notices,
demands or requests to be sent to any party hereto shall be deemed
to have been properly given or served by delivering the same
personally to each party, by sending the same through a nationally
recognized overnight courier service, or by depositing the same in
the United States mail, addressed to such party, postage prepaid,
and registered or certified with return receipt requested, at the
following addresses:
As to the Agency:
Redevelopment Agency
of the City of San Bernardino
201 North "E" Street, Third Floor
San Bernardino, California 92401-1507
Attn: Executive Director
with copy to:
Sabo & Green
6320 Canoga Avenue, suite 400
Woodland HillS, California 91367
Attn: Charles R. Green
-12-
As to Mason:
Thomas C. Mason
223-227 South "G" Street
San Bernardino, California 92410
Attn: Thomas C. Mason
with a copy to:
Gresham, Varner, Savage,
Nolan & Tilden
600 North Arrowhead Avenue
suite 300
San Bernardino, California 92401
Attn: Mark A. Ostoich
As to Escrow Agent:
First American Title Company
P.O. Box 6327
San Bernardino, California 92412-6327
Attn: Lee Ann Adams
All notices, demands and requests shall be effective when
personally delivered to the addressee or received by overnight
courier, or by the united States mail in accordance with the
foregoing.
section 11.02. Bindina Effect. This Agreement shall
bind and inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, legal representatives,
successors and assigns.
section 11.03. Counteroarts. This -Agreement may be
executed in several counterparts, each of which shall be deemed an
original, and all of such counterparts together shall constitute
one agreement, binding on all parties hereto.
section 11.04. Meraer of Aareement. Unless otherwise
specified in this Agreement, all the terms and conditions of this
Agreement shall not survive the closing and shall be merged into
the Grant Deed from Mason to the Agency.
section 11.05. Severability. If all or any portion of
any of the provisions of this Agreement shall be declared invalid,
illegal or unenforceable by laws applicable thereto, then the
performance of said offending provision or provisions shall be
excused by the parties hereto, and such invalidity, illegality or
unenforceability shall not affect any other provision of this
Agreement.
Section 11.06. caDtions. The titles or captions of the
prov1s1ons of this Agreement are merely for convenience of
reference and are not representations of matters included or
excluded from such provisions.
-13-
section 11.07. Time: Entire Aqreement. Time is of the
essence of this Agreement. The parties hereto expressly
acknowledge and agree that, with regard to the subject matter of
this Agreement and the transactions contemplated herein, (a) there
are no oral agreements between the parties hereto, and (b) this
Agreement, including the defined terms and all exhibits and
addenda, if any, attached hereto, embodies the final and complete
agreement between the parties and supersedes all prior and
contemporaneous negotiations, offers, proposals, agreements,
commitments, promises, acts, conduct, course of dealing,
representations, statements, assurances and understandings, whether
oral or written and may not be varied or contradicted by evidence
of any such prior or contemporaneous matter or by evidence of any
subsequent oral agreement of the parties hereto.
section 11.08. No Modifications Exceot in Writinq. No
modification or amendment of this Agreement shall be binding unless
set forth in writing and signed by the party or parties to be bound
by such modification or amendment.
section 11.09. Aqreement Conditioned Uoon Aoproval.
Mason acknowledges and agrees that, notwithstanding any provision
to the contrary contained in this Agreement, this Agreement and the
Agency's obligations hereunder are expressly subject to and
conditioned upon the acceptance and approval of this Agreement by
the Commission. In the event that the Commission has not approved
this Agreement within fifteen (15) days of the execution hereof by
Mason, then this Agreement shall be null and void and the Deposit,
if previously made, shall be returned to the Agency, together with
all interest accrued thereon, and neither the Agency nor Mason
shall have any rights or liabilities hereunder.
Section 11.10. Further Assurances. In addition to the
acts and deeds recited herein and contemplated to be performed,
executed and/or delivered by either Mason or the Agency, Mason and
the Agency shall perform, execute and/or deliver or cause to be
performed, executed and/or delivered at the Closing, or if
necessary, after the Closing, any and all further acts, deeds and
assurances as may, from time to time, be reasonably required to
consummate the transactions contemplated in this Agreement.
Section 11.11. No Existinq Leases. Mason hereby warrants
that, except for his Lease with Inland, upon Closing there will be
no oral or written leases affecting the Property and hereby
covenants to and shall deli ver to the Agency at Closing, but
subject to the provisions of Article VI hereof, exclusive
possession of the Property, free and clear of all tenants and/or
other occupants and rights of any such parties. Mason agrees to
provide to the Agency, as a condition for close of escrow, a
written abandonment by Inland of all of its interest in the
Property. Said written abandonment shall not prevent Mason and/or
-14-
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Inland from continuing in possession of the Property under the
provisions of sections 6.00 or 6.01.
section 11.12. Calendar Davs. All references to days in
this Agreement shall be deemed to be references to calendar days.
IN WITNESS WHEREOF, the parties hereto have executed this
Purchase and Sale Agreement to become effective as of the Effective
Date.
REDEVELOPMENT AGENCY ,
OF THE CITY OF SAN ~ARDINO,
A Body Corporate nd Politic
Approved as to form:
SABO & GREEN
n
Special Agency Counsel
APPROVED AS TO FORM
AND LEGAL CONTENT..
Approved as to form:
GRESHAM, VARNER, SAVAGE, NOLAN & TILDEN
~l""'Jt .J
Attorneys for Mason
SBEO/OOO1/DOC1S26
11112/91 800
-15-
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EXHIBIT "A"
LEGAL DESCRIPTION
..>
,-
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PARCEL NO. 11
THE NORTH 200 FEET OF THE WEST 280 FEET OF LOT 15, BLOCK 11,
RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
7, PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
SAID LAND IS INCLUDED WITHIN THE LAND SHOWN ON A MAP RECORDED IN
BOOK 21, PAGE 91 OF RECORDS OF SURVEY.
EXCEPT ALL OF THE MINERALS AND MINERAL ORES OF EVERY KIND AND
CHARACTER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED UPON, WITHIN
OR UNDERLYING SAID LAND OR THAT MAY BE PRODUCED THEREFROM,
INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL
PETROLEUM, OIL, NATURAL GAS AND OTHER HYDROCARBON SUBSTANCES AND
PRODUCTS DERIVED THEREFROM, TOGETHER WITH THE EXCLUSIVE AND'
PERPETUAL RIGHT OF SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS, OF
INGRESS AND EGRESS BENEATH THE SURFACE OF SAID LAND TO EXPLORE
FOR, EXTRACT, MINE AND REMOVE THE SAME, AND TO MAKE SUCH USE OF
THE SAID LAND BENEATH THE SURFACE AS IS NECESSARY OR USEFUL IN
CONNECTION THEREWITH, WHICH USE MAY INCLUDE LATERAL OR SLANT
DRILLING, BORING, DIGGING OR SINKING OF WELLS, SHAFTS OR TUNNELS;
,,1"'- PROVIDED, HOWEVER, THAT SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS,
~ SHALL NOT USE THE SURFACE OF SAID LAND IN THE EXERCISE OF ANY OF
SAID RIGHTS, AND SHALL NOT DISTURB THE SURFACE OF SAID LAND O~
ANY IMPROVEMENTS THEREON, AS RESERVED IN THE DEED FROM SOUTHERN
PACIFIC LAND COMPANY, FILED FOR RECORD MARCH 19, 1964, IN BOOK
6111, PAGE 309, OFFICIAL RECORDS.
PARCEL NO. 21
THE SOUTH 140 FEET OF THE NORTH 340 FEET OF THE WEST 280 FEET OF
LOT 15, BLOCK 11, RANCHO SAN BERNARDINO, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY LYING BELOW A
DEPTH OF 500 FEET MEASURED VERTICALLY FROM THE CONTOUR OF THE
SURFACE THEREOF.
-"..,-
-~
EXHiB\T f\
EXHIBIT "B"
SUPPLEMENTAL ESCROW INSTRUCTIONS
II
1 t__,',' :I"
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GENERAL PROVISIONS
1. DEPOSIT OF FUNDS & DISBURSEMENTS
You shall deposit all funds received in this escrow in any bank insured
by an agency of the United States Government, including your affiliated bank,
First American Trust Company, in one or more of your general escrow demand
accounts. These funds may be transferred to any other general escrow demand
account or accounts, in the above named bank or banks, including those
maintained in your affiliated bank. Buyer and Seller acknowledge that escrow
holder will be depositing all funds in escrow in a non-interest bearing fiduciary
account at The Bank of California. All disbursements shall be made by your
check. You are authorized not to close escrow or disburse until good funds have
been confirmed in escrow.
2. PRORATION AND ADJUSTMENTS
The expression .close of Escrow. used in this escrow means the date of
which instruments referred to herein are recorded and relates only to prorations
and/or adjustments unless otherwise specified.
All prorations and/or adjustments are to be made on the basis of a
30-day month unless otherwise instructed in writing.
3. RECORDATION OF INSTRUMENTS
You are authorized to record any documents delivered through this
escrow, the recording of which is necessary or proper in the issuance of the
requested Policy of Title Insurance.
4. AUTHORIZATION TO EXECUTE ASSIGNMENT OF INSURANCE POLICIES
You are authorized to execute on behalf of the parties hereto form
assignments of interest in any insurance policies (other than title insurance)
called for in this escrow; forward assignments and policies upon close of escrow
to the agent with the request, first, that insurer consent to such transfer
and/or attach a loss-payable clause and/or make such other additions or
corrections as may have been specifically required herein, and second, that the
agent thereafter forward such policies to the parties entitled to them.
In all acts in this escrow relating to insurance, including adjustments,
if any, you shall be fully protected in assuming that each policy is in force
and tha~ the necessary premium therefor has been paid.
5. AUTHORIZATION TO FURNISH COPIES
You are to furnish a copy of these instructions, amendments thereto,
closing statements and/or any other documents deposited in this escrow to the
lender or lenders, the real estate broker or brokers and/or the attorney or
attorneys involved in this transaction upon request of the lenders, brokers or
attorneys.
6. PERSONAL PROPERTY TAXES
No examination or insurance as to the amount or payment of personal
property taxes is required unless specifically requested.
7. RIGHT OF CANCELLATION
Any party instructing you to cancel this escrow shall file notice of
cancellation in your office, in writing. You shall within a reasonable time
thereafter mail, by certified mail, one copy of the notice to each of the other
parties at the addresses stated in this e.crow. Unle.. written objection to
cancellation is filed in your office by a party within ten (10) days after date
of mailing, you are authorized at your option to comply with the notice and
demand payment of your cancellation charge. as provided in this agreement. If
written objection is filed, you are authorized at your option to hold all money
and instruments in this escrow and take no further action until otherwise
directed, either by the parties' mutual written instructions, or final order of
a court of competent jurisdiction.
8 . ACTION IN INTERPLEADER
The parties hereto expressly agree that you, as escrow holder, have the
absolute right at your election to file an action in interpleader requiring the
partie. to answer and litigate their several claims and rights among themselves
and you are authorized to deposit with the clerk of the court all documents and
fund. held in thi5 e5crow. In the event such action is filed. the parties
jointly and severally agree to pay your cancellation charges and costs, expenses
and reasonable attorney's fees which you are required to expend or incur in the
interpleader action, the amount thereof to be fixed and judgment therefor to be
rendered by the court. Upon the filing of the action, you shall thereupon be
fully released and discharged from all obligations to further perform any duties
or obligations otherwise imposed by the terms of this escrow.
Page 1 of 3
'~~ ~~~--"~",--~,-,-"~,._-,-"-"--I,--~
9. TERMINATION OF AGENCY OBLIGATIONS
If there is no action taken on this escrow within six (6) months after
the "time limit date" as set forth in the escrow i~truction. or written
extension thereof, your agency obligation shall terminste at your option and all
documents, monies or other items held by you shall be returned to the parties
depositing s_e.
In the event of cancellation of this e.crow, whether it be at the
request of any of the partie. or otherwise, the fee. and charges due First
American Title Insurance Company, including expenditures incurred and/or
authorized shall be borne equally by the parties hereto (unles. otherwise agreed
to specifically).
10. CONFLICTING INSTRUCTIONS
Should you before or after clo.e of escrow rec.iv. or become aware of any
conflicting demanda or claims with r.sp.ct to this ..crow or the right. of any
of the part i.. h.r.to or any mon.y or prop.rty depo.it.d her.in or affected
hereby, you .hall have the right to di.continue any or all further act. on your
part until the conflict i. r..olved to your .ati.faction, and you shall have the
further right to comaence or defend any action or proc..ding. for the
determinstion of the conflict a. provided in Paragraph 7 and 8 of these General
Provi.ion..
11. FUNDS RETAINED IN ESCROW
If for any reason funda are retained in escrow, you may deduct therefrom
$15.00 as a monthly charge as custodian thereof.
12. USURY
You are not to b. concerned with any que.tion of usury in any loan or
encumbrance. involv.d in the proce..ing of this e.crow and you are hereby
relea..d of any re.ponsibility or liability therefor.
13. INDEMNIFY FOR ATTORNEYS FEES AND COSTS
In the .v.nt .uit i. brought by any party to this e.crow, including the
title comp.ny or any oth.r party, .. again.t e.ch oth.r, or other., including
the title company, claiming any right they may have a. against each other or
ag.inst the title company, th.n in that ev.nt, the parti.. hereto agree to
indemnify and hold harmle.. the title company .gainst any attorney's fees and
costs incurr.d by it.
14. AMENDMENTS TO ESCROW INSTRUCTIONS
Any Amendm.nt. or Suppl.m.nt. to th.s. e.crow instruction. must be in
writing. Th... e.crow instructions con.titut. the entire escrow between the
escrow holder and the partie. hereto.
15. SUPPLEMENTAL TAXES
Seller and Buy.r acknowledge that the .ubj.ct prop.rty may be subj.ct to
supple..ntal taxes due .. . re.ult of ch.ng. of own.r.hip taking place through
this ..crow. Any n.c....ry adjustm.nt due .ith.r party on r.c.ipt of a
suppl.mental tax bill will b. made by the p.rtie. out. ide of this escrow and
..crow holder i. rel.a..d of .ny li.bility in conn.ction with .....
16. PRELIMINARY CHANGE OF OWNERSHIP FORK
Prior to clo.. of ..crow Buy.r will b. .ent . Pr.liminsry Change of
Own.r.hip R.port, which i. r.quired by the County R.corder'. offic. to accompany
docum.nt. called for h.r.in at the time of recording, in accordanc. with Section
480.3 of the Rev.nu. and Tax.tion Code. Buyer i. .ware he must return the form
completed and .igned prior to clo.e of e.crow. If E.crow Holder doe. not
receiv. this report prior to clo.. of ..crow, Buyer authorize. E.crow Holder to
charg. hi. account with $20.00 which i. the fe. the County R.corder charges for
recording the deed without the compl.ted form. Buy.r i. her.by put on notice
that the A.....or i. r.quir.d to mail out the fora for compl.tion later on if it
has not been filed at clo.e of escrow.
Page 2 of 3
17. GOOD FUNDS LAY
The parties understand that all funds to close escrow must be deposited
a sufficient number of days prior to the close of escrow in order to comply with
Section 12413.1 of the California Insurance Code. Generally speaking, wire
transferred funds may be deposited into our escrow account anytime prior to the
close of escrow. Cashier's checks and certified checks (drawn on a local bank)
must be deposited into our escrow account no later than 12:00 noon the business
day before the close of escrow.
For information eoncerning holds on other types of checks, please
contact your escrow officer.
18. REPORTING TO THE INTERNAL REVENUE SERVICE
The Tax Reform Act of 1986 provides that First American Title Insurance
Company must report to the Internal Revenue Service eertain information
regarding all real estate tr~actions. This information includes among other
things, the seller's social .ecurity number and/or tax identification number and
forwarding address and the gross sales price of the transaction. This is not a
requirement generated by First Aaerican Title Insurance Company, but rather a
means of complying with the new tax law. Thi. information must be provided to
First Aaeriean Title Insurance Company upon the opening of Escrow, and escrow
cannot elose, nor ean the deed nor other docu.-nts be reeorded until the
information is provided and the seller certifies the aecuraey of the information
in writing. By execution of these eserow instructions, the parties acknowledge
receipt of this notice.
19. TAX REPORTING AND WITHHOLDING OBLIGATIONS OF THE PARTIES
STATE LAIl
California Revenue and Taxation Code Sections 18805, 18815 and 26131
place special requirements for tax reporting and withholding on buyers when (i)
the selling price is greater than $100,000 (one hundred thouaand dollars), and
(ii) the seller has not received a California Homeowners Property Tax Exemption
during the year of the sale, and (iii) the funds to the transaction are to be
disbursed to either (a) a seller with a la.t known addre.s outside of
California, or (b) a financial intermediary of the seller. The withholding rate
i. three and one-third percent of the selling price a. defined in the statute.
The seller ..y reque.t a waiver by eontacting:
Franchi.e Tax Board
Ilithhold at Souree Unit
P. O. Box 651
Sacr..ento, CA 95812-0651
(916) 369-4900
FEDERAL LAIl
Internal Revenue Code Section 1445 place. special requirements for tax
reporting and withholding on the partie. to a real e.tate transaction where the
seller i. a non-re.ident alien, a non-dome.tic corporation or partnership, a
do...tic corporation or partner.hip controlled by non-re.ident. or non-resident
corporation. or partnerships.
\Jith respect tb both the State Law and Federal Law referred to above,
the partie. to chi. tran.accion are .eeking an attorney'., accountant's or other
tax specialisc'. opinion concerning the effect of the.e laws on this transaction
or are relying on their own knowledge of the.e laws. The partie. to this
tran.action are NOT acting on or relying on any statement. ..de or omitted by
the escrow officer, title officer, or other closing officer with respect to tax
reporting or withholding requirements.i
SELLER'S INITIALS
BUYER'S INITIALS
Page 3 of 3
EXHIBIT "e"
GRANT DEED
RECORDING REQUESTED BY:
'Redevelopment Agency of the
.- City of San Bernardino
201 North "E" Street, Third Floor
San Bernardino, California 92401
WHEN RECORDED MAIL TO:
Redevelopment Agency of the
City of San Bernardino
201 North "E" Street, Third Floor
San Bernardino, California 92401
Attn: James Sharp, Project Manager
This Space for Recorder's Use
GRANT DEED
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX is NOT APPLICABLE/GOVERNMENT ENTITY
[] unincorporated area [] city of
Parcel No:
[] computed on full value of property conveyed, or
[] computed on full value less value of liens or encumbrances
remaining at time of sale, and
c
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
~r0~"";[~",
THOMAS C. MASON,
("Grantor" )
a married man as his sole and separate propert~'
hereby GRANTS, ASSIGNS, TRANSFERS AND CONVEYS to
The Redevelopment Agency of the City of San Bernardino, a body corporate
and politic,
all of the right, title and interest of the Grantor, subject to all matters
of record, in that certain real property located in the City of San
Bernardino, County of San Bernardino, State of California, as more fully
described in the legal description attached hereto as Exhibit "A", which is
incorporated herein by this reference.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
this _ day of , 1991.
THOMAS C. MASON
STATE OF CALIFORNIA
COUNTY OF
)
) ss.
On this day of
in the year 1991, before me, the
~ undersigned, a Notary Public in and
for said County and State, personally
appeared Thomas C. Mason, personally
known to me (or proved to
me on the basis of satiSfactory evidence)
to be the person who executed the within
instrument, and acknowledged to m~ that
he executed the same.
(Signature)
(Name, typed or printed)
(Space above for Official Seal)
"-
SBBOOOOI \D0C\534