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HomeMy WebLinkAbout39- Public Works CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION File No. 15 . 05--212 Subject: Approval of Sale of City Property From: ROGER G. HARDGRAVE to the San Bernardino City Uni- fied School District -- East of Dept: Public Glorks Flores Street, South of Tenth Street Date: 9-04-97 Synopsis of Previous Council action: 03--20--78 - Authorization was granted to proceed with the purchase of certain parcels of land located south of Tenth St. , east of Flores St. 06-30-78 - Resolution No. 13313 was adopted, determining fair market value of parcels located south of Tenth St. , east of Flores St. 07-21--97 - Resolution No. 97-215 was adopted, determining fair market value and setting a public hearing relative to the sale of certain real property located south of Tenth St. , east of Flores St. 08-18-97 - Public hearing closed, and matter continued to 9-15-97 for environmental assessment, appraisal and zoning. Recommended motion: Adopt resolution. cc: Fred Wilson Jim Penman Barbara Pachon ignature Contact person: Les Fogassy Phone: 5026 Staff Report, Letter, Supporting data attached: and resolution Ward: 6 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct No.) (Acct Description) Finance: Council Notes: . .�G Res 97- lV /V_ Agenda Item No. 39 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION - ' STAFF REPORT In 1978 , the City purchased several contiguous parcels of land, totaling 2 . 69 acres , generallv south of Tenth Street, east of Flores Street, for park purposes . However, due to budget constraints, the only improvements that had been done were the planting of turf, trees and the installation of a temporary backstop. The purchase price of $20 , 400 was financed with Coi.munity Development Block Grant Funds. An offer to purchase the property under threat of condemnation has been received from the San Bernardino City Unified School District. The offer was for the appraised value of $70 ,300 , as determined by an outside appraiser. The property is to be used for the site for the proposed new senior high school. We have reviewed the appraisal and agree with the fair market value established for the property. The Department of Parks and Recreation has reviewed the offer and is in concurrence with selling the property to the School District. Since the property was purchased by the City with Commun- ity Development Block Grant Funds, all proceeds from the sale will have to be returned to the account for these funds . Resolution No. 97-215 , adopted on July 21 , 1997 , found and determined that the public interest and convenience require the sale of this property and determined the fair market value to be $70 , 300 . 00 . As required by law, a public hearing was held on August 18 , 1997 . The current zoing of this parcel is RS , (Residential Suburban) . This matter was continued at the Council meeting of 8-18- 97 , in order to obtain an environmental assessment of the potential for hazardous waste. Attached is a copy of the letter from John R. Byerly, Geotechnical Engineer, stating that the site is not located on, or adjacent to, a known hazardous waste site, and that their field investigation revealed no evidence of contamination was noted. This statement validates the provision in Section 12 . 3 , "Hazardous Materials , " of the Agreement for Acquisition of Real Property, in which -the City represents and warrants that, to the best of our knowledge, that the site is not contaminated. Ile recommend that that sale of this property be approved. 09-04-97 75-0264 I AUG-12-1993 155:572 FROM JOHN R. BYERLY INC. TO 885b392 P.02 John R. B-tierlu I N C O R P O R A T E D August 12, 1993 San Bernardino City Unified School District Rpt. No.: 5552 777 North "F" Street File No.: S--7951 San Bernardino, CA 92410 Attention: Scott Shira Subject: San Bernardino High School No. 5, Baseline Road and Madison Street, San Bernardino, California; Presence of High Pressure Gas Lines and Hazardous Waste References: (a) Foundation Investigation, John R. Byerly, Inc., Rpt. No. 4631, Novem- ber 16, 1992 (b) Engineering Geology Investigation, Gary S. Rasmussen & Associates, Inc., Project No. 3072, October 17, 1991 Gentlemen: We have reviewed the referenced reports and the field documentation contained within our files with respect to the presence of high pressure gas lines and the potential for presence of hazardous waste at the site of the proposed high school. Our comments in this regard are provided below. Prior to drilling at the site, Underground Service Alert was contacted to determine the location of buried utilities. The field review by Underground Service Alert did not reveal the presence of high pressure gas lines on or adjacent to the site. Further, our review of aerial topographic maps and our field reconnaissance discovered Tr,) indication of high pressure gas lanes on this site. Therefore, we conclude that the site is not underlain by high pressure gas lines. The site is not located on or adjacent to a known hazardous waste dump site. Further, during our field investigation, neither soil staining, abandoned containers such as 55 gallon drums, nor any other evidence of contamination of this site by hazardous waste was noted. We trust this provides the information needed at this time. Should there be questions, please feel free to contact this office. Respectfully submitted, JOHN R. BYERLY, INC. JRB:Is y y' g John R. B erI Geotechnical Engineer Y GEOTECHNICAL ENGINEERS + TESTING AND INSPECTION AGREEMENT FOR ACQUISITION OF REAL PROPERTY THIS AGREEMENT FOR ACQUISITION OF REAL PROPERTY (the "Agreement") is entered into by and among San Bernardino City Unified School District, a public school district (the "DISTRICT"), and the City of San Bernardino ("Owner"). RECITALS A. Owner is the record owner of certain real property located within the boundaries of the City of San Bernardino, County of San Bernardino, State of California, as more particularly described in Exhibit A to this Agreement (the "Property"). B. On or about February 19, 1997, the governing body of the District adopted a Resolution, in accordance with the provisions of Government Code Section 7267.1, et seq.,which Resolution, among other things, authorized the District to acquire the Property for the public purpose of constructing, maintaining and operating an elementary school. C. Owner has accepted the District's offer to purchase the Property. NOW, THEREFORE, for valuable consideration,receipt of which is acknowledged by each party to this Agreement, it is agreed between the parties as follows: 1. Recitals. The Recitals set forth above are incorporated by this reference and made a part of this Agreement. 2. Purchase Price. Owner agrees to sell the Property to the District and the District agrees to purchase the Property from Owner on the terms and conditions set forth in this Agreement. The purchase price of the Property shall be the total sum of Seventy Thousand Three Hundred Dollars ($70,300). This sum shall be delivered to Owner through Escrow when title to the Property vests in the District free and clear of all liens, encumbrances, taxes, assessments, easements and leases (recorded and/or unrecorded), except for easements or rights-of-way over the Property for public or quasi-public utility or public street purposes. It is understood and agreed that the obligations contained in this paragraph 2 are not binding unless the close of Escrow occurs. 3. Transfer of Title. Owner shall execute and deliver to Chicago Title Company, as the escrow holder ("Escrow"), a grant deed for the purpose of conveying the Property to the District, together with all of the rights, title and interests held by Owner in the Property. The grant deed shall be dated as of the date of the closing of Escrow. The grant deed shall be in a form deemed necessary by the escrow holder. 4. Condition of Title. - Title to the Property shall be good and marketable and shall be free and clear of all liens, restrictions, easements and other encumbrances, except for those accepted by the District listed on Schedule B and issued by Chicago Title Company. If title to the Property at the closing of Escrow is not as required by this Agreement, the District shall have the option, at its sole discretion, to either take such title as Owner can convey or of canceling this Agreement. Prior to the Close of Escrow, the District may obtain, at District's sole cost and HAUSERS\I 39\SBUSMESCROW.AGN4\0139-142-10 EXHIBIT «A» expense, an updated preliminary report and/or other information respecting the status of Owner's title to the Property if deemed necessary by the District. Prior to the Close of Escrow, District shall determine whether any additional exceptions (the "Additional Exceptions") not shown on the Preliminary Title Report are designated in such updated preliminary report or other document. Prior to Close of Escrow, District shall convey in writing to Owner, notice of any Additional Exceptions which are disapproved by District and Owner shall use reasonable efforts, not involving the expenditure of any money, to cause such disapproved Additional Exceptions,which encumber the Property to be removed prior to Close of Escrow. 4.1 Right of Entry. Owner hereby grants to District, its officers, agents and employees the right to enter into and upon the Property for the purpose of inspecting, surveying, making engineering, soils and geological tests, including test borings and soundings, and other studies as District shall determine to be necessary or desirable. District shall keep Owner's property free and clear of all liens arising out of District's activity or conduct on the Property and shall restore the Property to substantially the same condition as it existed prior to Districts' entry thereon. All of such inspections shall be made at District's sole cost and expense. District shall comply with all laws and regulations applicable to such inspections. District shall indemnify, defend and hold Owner harmless from all expense, loss, damages and claims, including without limitation Owner's attorney's fees, arising out of acts or activities of District or District's agents, employees, contractors or other representatives on, or in respect of, the Property. District shall conduct any such inspections so as not to unreasonably interfere with any of Owner's operations on the Property, if any. 5. Payment of Escrow Costs. The District shall pay all costs of Escrow and recording fees incurred in this transaction, including documentary stamp tax, except to the extent prohibited by law, and title insurance policy expenses. For purposes of this paragraph, escrow and recording costs shall not include reconveyance fees, trustee's fees, forwarding fees, or any other fees or costs incurred in the reconveyance of any interest in the Property. 6. Proration of Taxes. In the event the District acquires the Property pursuant to the terms of this Agreement, taxes levied on the Property shall be prorated in accordance with the provisions of the Revenue and Tax Code as of the date of recordation of the deed conveying title to the Property to the District. Owner authorizes Escrow to deduct and pay from the purchase price, any amount necessary to satisfy any delinquent taxes due, together with penalties and interest on them, and any delinquent or nondelinquent assessments or bonds, which are to be cleared from title to the Property. 7. Pavment of Mortgage or Deed of Trust. All money payable under this Agreement, up to and including the total amount of unpaid principal and interest on any note secured by a mortgage or deed of trust on the Property, and all other amounts due and payable in accordance with the terms and conditions of the mortgage or deed of trust, shall on demand be made payable to the mortgagee or beneficiary of such mortgage or deed of trust. 8. Possession. Owner shall retain possession of the Property up to and including the date of recordation of the grant deed conveying title to the Property to the District, whereupon the District shall be entitled to immediate and exclusive possession of the Property. 9. Full Settlement and Release. Owner acknowledges and agrees that this Agreement and implementation of its terms and conditions constitutes full and complete settlement of any H:\USERS\139\SBUSMESCRO\'?AGM\0139-142-10 ? and all claims, including damages, that Owner may have or may claim to have, or that may otherwise have arisen, by virtue of the District's acquisition of the Property except for Owner's statutory entitlement, if any, to certain relocation benefits. Except as to the satisfactory performance of terms of this Agreement, Owner hereby fully releases and discharges the District, its governing board, and all of its individual board members, trustees, officials, directors, officers, employees, attorneys, agents, representatives, successors and assigns, and each of them, from any and all claims, demands, actions or causes of action, obligations, liabilities, losses, costs or expenses of any nature whatsoever, known or unknown, which relate to or which arise or may arise in connection with the District's acquisition of the Property except for Owner's statutory entitlements, if any, to certain relocation benefits. 10. Waiver of Civil Code Section 1542. By releasing and forever discharging claims both known and unknown which are related to, or which arise in connection with the District's acquisition of the Property, including the exercise of the power of eminent domain, as provided above, Owner expressly WAIVES any rights arising under California Civil Code Section 1542, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR" Owner acknowledges, represents and warrants that he/she/it has read the above waiver, understands its effect, and has had the opportVnity to be advised by counsel regarding its effect. 11. Cooperation. Owner shall cooperate fully with the District in the event of any dispute, claim, or other disagreement which may arise at any time concerning and/or affecting the District's right, title and/or interest in the Property. Such cooperation shall include, if requested by the District,joint participation by Owner in any legal action which the District may deem necessary to resolve any such adverse claim of an interest in the Property. With respect ' to any such legal action, Owner shall not be responsible for the costs incurred in any such legal action, except for such legal fees and/or costs independently incurred by Owner in seeking advice and counsel with respect to such legal action. 12. Representations and Warranties. In addition to representations and warranties set forth elsewhere in this Agreement, Owner makes the following representations and warranties regarding the Property. 12.1 No Other Interests in the Property. Owner represents and warrants that Owner has no knowledge of any claim of any right, title or interest in or to the Property, or any portion of the Property, which is not of record in the Official Records. 12.2 Lease Warranty. Owner represents and warrants that there are no oral or written leases on all or any portion of the Property that have not been disclosed in writing to the District prior to the close of Escrow, and Owner agrees to indemnify and hold the District harmless and to reimburse the District for any and all of its losses and expenses, including attorneys' fees and costs, occasioned by reason of any lease of the Property held by any tenant or sub-tenant of the Property not disclosed in writing to the District prior to the close of Escrow. H:\USERS\139\SBUSMESCROW.AGM�0139-142-10 3 Fax:714-955-1704 Sep 22 '97 1154 P.02 veer represent s that, to the best knowledge of 12.3 Hazardous Materials. OS or disposal at the Property of any Hazazdo production, storage re-dOus ONNTer ' pwner, (i) there has been no p buried, leaked, or as defined below)by Owner to the best of lOwn not been dumped,an p Materials( 11 Hazardous Materials the or tenant of the Property; or under the Property or allowed to pass on, under i� �o!h has otherwise released upon, in, of the Property, (...) at any time during or prior to Ow;iPr's ownership Property nd ordinances relating to the use of all Hazardous or local complied with all laws, regulations, roceeding or inquiry by an federal, state used on the Property; and (iv) there is no p gov�ental agency with respect thereto. The foregoing representations shall not apply to the use of use did not petroleum products or ly used for household or farm purposes, which federal, state ore county in, or other materials common Property in violation of applicable conditioned upon, in or under the ordinances• Material" means any hazardous or toxic substance, material or waste "Hazardous Ma ental authority, the State of California of the United regulated by any local eovermn " "extremely hazardous waste", that is (i) "acutely hazardous waste , pursuant to Sections 25141 States Goven1ment; (u) defined as an (Hazardous under Sections 5110.02, 25115, 25117 or 25124 or listed p or"waste Code, Division 20. Chapter 6.5 (H 'hazardous substance", or "hazardous and 25141.5 of the Califo d asHealh and immaterial", ' ivtanc , Chapter 6.95 Waste Control); (iii) defin Code, D Inventory); iv defined as a "hdous waste" under Section 25501 of the or$e p� aand In Safety o )' ( ) Division 20, Chapter (Hazardous Materials Release R Code, DiV i (vii) listed substance" under Section 25281 of the California Health and petroleum; (va) asbestos; ( •i) subst a of Hazardous Substances); 6.7 (Underground Storage designated as under Chapter 10 of D*iv ' ion 4.5 of Title 22 or defined as o f p ego ations' (viii)e extremely hazardous 03 of the Federal Resource Conservation and o Section pursuant to Division 21.5 of Title 26 of the California Code o e u , p pursuant to Section 69 "hazardous waste P ix defined as a"hazardous substance pursuant '42 U.S.C. Act, 42 U.S_C. Section 6901 et se ( Compensation and Liability Act, 2 the Comprehensive Environmental Response, an radioactive material. on the C et se •; (x) any flammable substances or explosive; ar(xi) Y Section onion weer will be in possession of any F 12.4 Posse ion. No one other the O t for tenants, if any, subJect to leases or of the Subject Property at the close of EscroR' excep District. rental agreements disclosed to agree that the Escrow Escrow Instructions. The parties to this Agreement ., 13. end the parties will immediately execute and return s willbe opened with this Agreement be required to open, process and close the Escrow such additional Escrow instructions as 1T1aY a 14 and 15 tent of the parties that such instructions be of p aex pans of this Escrow It is the m A cement, including without limitation, the terms and conditions ;auctions shall be attached as Exhibit B to this Agreement and made a below. The Escrow it . part of this Agreement by incorporation to lose of Escrow. 7a addition to performance of such conditions �- 14. Conditions on satisfaction of a be required by the Escrow holder, the close of Escrow shall occur up as m y all of the following: x aGSES134'S3ti$D\ESCRO\N.iGNr•013v.i 4:-10 4 14.1 Chicago Title is requested to issue its California Land Title Association Owner's Policy of Title Insurance on the Property, with coverage equal to the purchase price set forth in paragraph 2, above, showing title to the Property vested in the District, subject to such exceptions that may be of record as of the date of closing and the standard exclusions of Title Company. 14.2 The District has delivered the full purchase price specified in paragraph 2, above. 14.3 Owner has executed and delivered the grant deed described in paragraph 3, above. 14.4 The District has delivered to Escrow a fully executed Request for Dismissal of the Action. 14.5 The District has deposited with Escrow sufficient funds to pay the closing costs. 14.6 Owner has submitted any documents necessary to remove any exceptions disapproved by District as to the Preliminary Report and not otherwise waived by District in writing, and any other documents necessary to remove any Additional Exceptions disapproved by District. 14.7 Owner has executed and submitted certificates of non-foreign status under Internal Revenue Code Section 1445, and California Revenue and Taxation Code Section t. 18662. 14.8 Each of the terms and conditions of this Agreement required to be performed have been fully performed. 15. Close of Escrow. At the close of Escrow, the Escrow holder shall close the Escrow by: 15.1 Deducting from the purchase price all amounts charged to Owner pursuant to the terms of this Agreement for prorations and satisfaction of encumbrances, if any. 15.2 Causing to be recorded in the Official Records of the County of San Bernardino the grant deed described in paragraph 3, above. 15.3 Delivering to the District the grant deed described and the title insurance policy. 15.4 Delivering to Owner the balance of the purchase price. It is the desire of the parties that Escrow close within sixty (60) days' of the Escrow holder's receipt of fully executed Escrow instructions and as soon as all the conditions of this Agreement are satisfied. H:\USERS\139\SBUSMESCROW.AGWO139-132-10 5 16. Amendments. All amendments. modifications, supplements or other revisions to this Agreement must be in writing and executed by the parties to this Agreement. 17. Survival of Representations. All terms, conditions, covenants, representations and warranties made in this Agreement shall survive the close of Escrow. 18. Broker's Commission, Each party to this Agreement represents and warrants to each other party that it/he/she has not dealt with any broker or other person entitled to claim a commission in connection with the transaction contemplated under this Agreement. Each party hereby agrees to indemnify and hold the other party harmless from claims made by any person for a commission or like compensation. 19. Successors and Assigns. This Agreement and each of its terms and conditions shall inure to and be binding on the parties to this Agreement and each of their respective successors, assigns, executors and heirs. 20. Entire Agreement. This Agreement constitutes the entire agreement of the parties related to the acquisition of the Property and supersedes any prior agreements or understandings regarding such acquisition. 21. Construction. This Agreement shall be deemed to have been jointly prepared by the parties. This Agreement shall not be construed as if it had been prepared by any one party,such that it shall not be construed against any party in favor of any other party based on the drafting of the Agreement. 22. Headings. Headings at the beginning of each paragraph or subparagraph are solely for the convenience of the parties and shall not be deemed a part of the text of 'this Agreement. 23. Consummation. The parties to this Agreement agree to execute all instruments and documents and to take all actions as may be reasonably necessary in order to consummate the transaction contemplated under this Agreement. Each party shall cooperate and take such action as may be reasonably requested by another party in order to carry out the provisions and intent and purpose of this Agreement and the terms and conditions described in this Agreement. 24. Governing Law. This Agreement is executed and delivered in the State of California and is to be construed and enforced in accordance with the law of the State of California. 25. Third Partv Beneficiary. This Agreement is not to be construed to create any third party beneficiary or to give any person not a party to this Agreement any rights or remedies not otherwise available to that person. 26. Exhibits. All exhibits referenced in this Agreement are incorporated in this Agreement by such reference as if fully set forth in the text of the Agreement. 27. Attorneys' Fees. In the event of any action or suit by any party against another party or parties by reason of any breach of this Agreement, or any condition or covenant of it, H:\USERS\139\SBUSD\ESCROW.AGNf 0139-142-10 6 or any such action to construe or enforce the terms of this Agreement, the party or parties in whose favor final judgment is entered shall be entitled to recover from the other party or parties, in addition to any recovery provided for in such 'judgment, all costs of suit, including reasonable attorneys' fees and expenses. an 28. Waiver. The failure by any party to this Agreement to enforce y term or provision of this Agreement shall not constitute a waiver of the right to enforce the same term or provision, or any other term or provision of this Agreement. t 29. Legal Representation. Each party to this Agreement acknowledges and agrees that it/he/she has been or has had the opportunity to be represented by legal counsel of its/his/her own choosing in the negotiation and drafting of-this Agreement and, in entering into this Agreement, has not acted on reliance on any representations made by any other party or any legal representative of any other party, other than the representations and warranties set forth in this Agreement. 30. Representations and Warranties by Signatories. Each signatory to this Agreement represents and warrants that (a) the signatory has actual authority to execute this Agreement on behalf of the party for whom the signatory has signed, and (b) the signatory is duly authorized to execute and deliver this Agreement on behalf of the party for whom the signatory has signed. Executed this day of , 1997. CITY OF SAN BERNARDINO By: Name: Title: SAN BERNARDINO UNIFIED SCHOOL DISTRICT By: Name: Title: Approved as to form and legal content: JAMES F. NMAN ) City Att By- HA USERS\139\SBUSD\ESCRGW.AGMU139-142-10 7 EXHIBIT A LEGAL DESCRIPTION OF APN# 0139-142-10, 12, 14, 16 and 18 i i H:\USERS\l 39\SBUSMESCROW.AGWO139-142-10 8 SCHEDULE A , Your Ref: 139-142-10 (#46) 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: 3. The land referred to in this report is situated in the State of California, County of SAN BERNARDINO and is described as follows: THE NORTH 292.21 FEET OF LOT 14 OF TRACT 2639, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 37, PAGE 50 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PPELIMA-9/27/93bk SCHEDULE A - Your Ref: 139-142-12 (#49) 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: cf 3. The land referred to in this report is situated in the State of California, Count�'of SAN BERNARD!NO and is described as follows: THE NORTH 150 FEET OF LOT 13, TRACT NO. 2639, IN THE CITY OF SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 37 OF MAPS, PAGE 50, RECORDS OF SAID COUNTY. PRE:IR1A-9i 27i 93 t SCHEDULE A Your Ref: 139-142-14 (#44) 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: K 3. The land referred to in this report is situated in the State of California, County of SAN BERNARDINO and is described as follows: LOT 16 OF TRACT 2639, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 37, PAGE 50 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE SOUTH 226 FEET. PREUMA-9/27/93DK SCHEDULE A Your Ref: 139-142-16 (42) 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: 3. The land referred to in this report is situated in the State of California, County of SAN BERNARDINO and is described as follows: LOT 15 OF TRACT 2639, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 37, PAGE 50 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE SOUTH 226 FEET. PREUMA•9 127;97bk SCHEDULE A Your Ref: 139-142-18 (#48) 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof itweztrA;n- 3. The land referred to in this report is situated in the State of California, County of SAN BERNARD INO and is described as follows: THAT PORTION OF LOTS 12 AND 13, TRACT 2639, AS PER PLAT RECORDED IN BOOR 37 OF MAPS, PAGE 50, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 150 FEET OF LOT 13; THENCE NORTH 00 08' 27" WEST ALONG THE EAST LINE OF SAID LOT, 163.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 890 59' 12" WEST 124.15 FEET TO THE WEST LINE OF LOT 12; THENCE NORTH 00 08' 33" WEST ALONG THE WEST LINE OF LOT 12, 313.26 FEET TO TENTH STREET AS SHOWN ON TRACT 2639, BOOR 37 OF MAPS, PAGE 50, RECORDS OF SAID COUNTY; THENCE SOUTH 890 57' 55" EAST ALONG TENTH STREET 62.08 FEET TO THE WEST LINE OF LOT 13; THENCE SOUTH 00 08' 30" EAST ALONG SAID WEST LINE 150.00 FEET TO THE SOUTH LINE OF THE NORTH 150 FEET OF LOT 13; THENCE SOUTH 890 57' 55" EAST ALONG SAID SOUTH LINE 62.08 FEET TO THE EAST LINE OF LOT 13; THENCE SOUTH 00 08, 27" EAST ALONG THE EAST LINE OF LOT 13, 163.16 FEET TO THE TRUE POINT OF BEGINNING. p%UW,Q/27/x3oa EXHIBIT B ESCROW INSTRUCTIONS Q i H:\USERS\139\SBUSD\ESCRO W.AGM0139-142-10 9 I GENERAL PROVISIONS TO: CHICAGO TITLE COMPANY Escrow No. (,. Date Cime is of the essence of these instructions. If this escrow is not in a condition to close by the TIME LIMIT DATE as provided for herein and wri n demand for cancellation is received by you from any principal to this escrow after said date,you shall act in accordance with paragraph 7 of the General Provisions. If no conflicting instruction or demand for cancellation is made,you will proceed to close this escrow when the principals have complied with the escrow instructions. In the event one or more of the General Provisions are held to be invalid in judicial proceedings,those remaining will continue to be operative. Any amendments of or supplements to any instructions affecting escrow must be in writing. You are authorized to order demands for, and pay at the close of escrow any encumbrances of record necessary to place title in the condition called for without further authorization. You are further authorized,prior to the close of escrow, to pay from funds on deposit any fees necessary to obtain any demand and/or report as may be required in this escrow and at the close of escrow charge the parties as appropriate. The principals will hand you any funds and instruments required from each respectively to complete this escrow. Interest on any new financing may begin to accrue on the date loan funds/proceeds are disbursed by the new lender,and borrower agrees to pay same in accordance with lender's instructions. 2. You are instructed to deliver and/or record all documents and disburse all funds when you can comply with these instructions and insure title as called for herein. These instructions,together with any amendments and,'or supplements,may be executed in counterparts and together shall constitute one and the same document. If these instructions relate to a sale,buyer agrees to buy and seller agrees to sell upon the terms and conditions hereof. All documents,balances and statements due the undersigned are to be mailed to the respective addresses shown herein, unless otherwise directed. In the event that any party to this escrow utilizes facsimile transmitted signed documents,all parties hereby agree to accept and hereby instruct the escrow holder to rely upon such documents as if they bore original signatures. Buyer and seller further acknowledge that any documents to be recorded bearing non original(facsimile)signatures will not be accepted for recording by the county recorder. 3. The phrase "close of escrow"(or COE) as used in this escrow means the date on which documents are recorded,unless otherwise specified. 4. Assume a 30 day month in any proration herein provided,and unless otherwise instructed,you are to use the information contained in the latest available tax statement,including any supplemental taxes of record,rental statement as provided by seller and beneficiary's or association statements delivered into escrow for proration purposes. 5. Upon close of escrow you are instructed to charge our respective accounts the costs attributable to each,including but not limited to costs as provided for herein and/or in accordance with our respective estimated statements attached hereto and made a part hereof. 6. Recordation of any instruments delivered through this escrow,if necessary or proper for the issuance of the policy of title insurance called for,is authorized. No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested. If demand to cancel is submitted after the Time Limit Date,any principal so requesting you to cancel this escrow shall file notice of demand to cancel in your office in writing. You shall within three(3)working days thereafter mail by certified mail one copy of such notice to each of the other principals at the address stated in this escrow. Unless written objection thereto is filed in your office by a principal within fifteen(15)calendar days after the date of such mailing,you are instructed to cancel this escrow. If this is a sale escrow,you may return the lender's papers and/or funds upon lender's demand. 8. In the event that this escrow is canceled,any fees or charges due Chicago Title Company including cancellation fees and any expenditures incurred or authorized shall be paid from funds on deposit unless otherwise specifically agreed to or determined by a court of competent jurisdiction. Upon payment thereof, return documents and monies to the respective parties depositing same,or as ordered by the court, and void any executed instruments. 9. If there is no written activity by a principal to this escrow within any six-month period after the Time Limit Date set forth herein,Chicago Title Company may, at its option,terminate its agency obligation and cancel this escrow,returning all documents,monies or other items held,to the respective parties entitled thereto, less any fees and charges as provided herein. 10. If,for any reason,funds are retained or remain in escrow after the closing date,you may deduct therefrom a reasonable charge as custodian,of not less than$25.00 per month,unless otherwise specified. 11. In the event that you should receive or become aware of conflicting demands or claims with respect to this escrow,or the rights of any of the parties hereto,or any money or property deposited herein,you shall have the absolute right at your option to discontinue any or all further acts until such conflict is resolved to your satisfaction. 12. In the event that any Offer to Purchase,Deposit Receipt,or any other form of Purchase Agreement is deposited in this escrow,it is understood that such document will be effective only as among the parties signing said document. You, as escrow holder, are not to be concerned with the terms of such document and are relieved of all responsibility in connection therewith. The foregoing will not be applicable in any transaction in which Chicago Title has specifically agreed to accept an Offer to Purchase, Deposit Receipt or other forms of Purchase Agreement as escrow instructions. In any event,you are not to be concerned or liable for items designated as"memoranda"in these escrow instructions nor with any other agreement or contract between the parties. 13. The parties hereto,by execution of these instructions acknowledge that the escrow holder assumes no responsibility or liability whatsoever for the supervision of any act or the performance of any condition which is a condition subsequent to the closing of this escrow. I f rIn the absence of instructions to the contrary, you are hereby authorized to utilize wire services, overnight, next day, or other expedited delivery services (as opposed to the regular U.S. Mail)and to charge the respective party's account accordingly 15. You are released from and shall have no liability, obligation or responsibility with respect to(a)withholding of funds pursuant to Section 1445 of the Internal Revenue Code of 1986 as amended,and to Sections 18662 and 18668 of the California Revenue and Taxation Code,(b)advising the parties as to the requirements of said Section 1445,(c)determining whether the transferor is a foreign person or a non-resident under Section,nor(d)obtaining a non foreign affidavit or other exemption from withholding under said Sections nor otherwise making any inquiry concerning compliance with such Sections by any party to the transaction. i GENERAL PROVISIONS CONTINUED TO: CHICAGO TITLE COMPANY Escrow No. Date lo. if you pay a demand to reconvey a revolving line of credit or equiryline deed of trust,you are hereby instructed on my behalf and for my benefit,to request that the lender issuing said demand cancel said revolving line or equityline of credit. 17. You are authorized to furnish to any affiliate of Chicago Title Company,any attorney,broker or lender identified with this transaction or any one acting on behalf of such lender any information,instructions,amendments,statements,or notices of cancellation given in connection with this escrow. If any check submitted to escrow is dishonored when presented for payment,you are authorized to notify all principals and/or their respective agents of such non payment 18. All written notices,communications,change of instructions and documents are required to be delivered timely at the office of Chicago Title Company as set forth herein. 19. All funds received in this escrow shall be deposited with other escrow funds in one or more escrow(demand)accounts of Chicago Title Company in any state or national bank. The parties to this escrow understand that the escrow accounts you maintain with the depository institutions contribute to your value as a customer of these institutions which,in turn,may make available to Chicago Title Company an array of bank services,accommodations or other benefits. You shall have no obligation to account for the value realized by Chicago Tide Company from these services,accommodations or other benefits. All disbursements shall be made by your check,unless otherwise instructed. You shall not be responsible for any delay in closing if funds received by escrow are not available for immediate withdrawal. Chicago Title Company may,at its option,require concurrent instructions from all principals prior to release of any funds on deposit in this escrow. 20. You are authorized to destroy or otherwise dispose of any and all documents,papers,instructions,correspondence and other material pertaining to this escrow at the expiration of six(6)years from the close of escrow or cancellation thereof,without liability and without further notice. IMPORTANT NOTICE Except for wire transfers, funds remitted to this escrow are subject to availability requirements imposed by Section 12413.1 of the California Insurance Code. CASHIER'S, CERTIFIED or TELLER'S checks,payable to CHICAGO TITLE COMPANY are generally available for disbursement on the next business day following the date of deposit. Other forms of payment may cause extended delays in the closing of your transaction pursuant to the requirements imposed by State Law. (Wire transfer information available upon request) ALL PARTIES TO THIS ESCROW ACKNOWLEDGE THAT CHICAGO TITLE COMPANY DOES NOT PROVIDE LEGAL ADVICE NOR HAS IT MADE ANY INVESTIGATION,REPRESENTATIONS OR ASSURANCES WHATSOEVER REGARDING THE LEGAL ASPECTS OR COMPLIANCE OF THIS TRANSACTION WITH ANY TAX,SECURITIES OR ANY OTHER STATE OR FEDERAL LAWS. IT IS RECON24ENDED THAT THE PARTIES OBTAIN INDEPENDENT LEGAL COUNSEL AS TO SUCH MATTERS. THE FOREGOING ESCROW INSTRUCTIONS AND GENERAL PROVISIONS HAVE BEEN READ AND ARE UNDERSTOOD AND AGREED TO BY EACH OF THE UNDERSIGNED. Current Address: Current Address: " ri Bernardino City Unified School District Les Fogassy North F Street Dept. of Public Works/Enginnering —a Bernardino, California 92410 City of San Bernardino Attn: R. Scott Shira 300 North D. Street Telephone: (909) 381-1238 San Bernardino, California 92418 r - C I T Y O F S A N B E R N A R D I N 0 INTEROFFICE MEMORANDUM TO: DAVID OBERHEL14AN -- Councilman, Fourth Ward FROM: ROGER G. HARDGRAVE, Director of Public Works/ City Engineer SUBJECT: Agreement for Acquisition of Real Property - East of Flores Street, and South of Tenth Street DATE: September 22 , 1997 COPIES: Mayor Tort Minor; Fred Wilson; File No. 15 . 05--212; Reading File You have expressed concern over this propopsed Agreement with San Bernardino City Unified School District, relative to the provision in Section 12 . 3 , "Hazardous Materials, " whereby the City warrants to the District. Attached is a memo from Leonard Brinley, attorney for the District, transmitting a revised Sheet No. 4 , in which the word "warrants" has been deleted. Please advise if the revised sheet addresses your concerns. ROGER G. HARDGRAVE Director of Public Works/City Engineer Attach. Fax:714-955-1704 Sep 22 '97 11:54 P.01 ALVARADO, SMITH, VILLA & SANCHEZ A PROFESSIONAL CORPORATION 4 PARK PLAZA SUITE 1200 IRVINE, CALIFCRNIA 92614 P,O. BOX 17689 IRVINE, CALIFORNIA 92623-7689 (714) 955-6800 FAX (714) 955.6899 TELECOPIER INFORMATION SHEET DATE: September 22, 1997 SEND TO: [vir. Hardgrove, City of San Bernardino TELEPHONE NO.: 9091 384-5025 TELECOPIER NO,: 9091 '0134-5155 FROM: Leonard Brinley & Christopher M. Leo ` ' FILE NO.: Purchase Agreement between the City of San Bernardino and the San Bernardino City Unified School District. NO. OF PAGES: 2, including the cover page COMMENTS: Mr. Hard rove. the fo!!owin is oa e 4 of the Purchase A reern nt which has been modified to remove the word " s or nu u PS gawarrant" -have otherr uestions ease if haven into the A rce contact m self or Mr. Brinley. We are tranSMIMn from a HP FAX-goo/HP OQmN?tease conOtactePai �e Martin ato714 x955-8800 {the a s or there is an other transm T icable law. if the reader of this This message is intended only for the useand exempt individual om disc entity to which app is addressed and may contain information that is privileged. confidential mesa a is not the intended recipient,r ibitedu Ife our haveorec`eved this commun,cation inset Ort'o 1ga5P not}fi► us this communication is strictly oh immediate) b fete hone and return the or, Ina) messy a to us at the above address via the U.S. Pasta)ServtCe. File No.: 15.05-212 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: ROGER G. HARDGRAVE Subject: Public Hearing and Resolution--- Approving Sale of City Property to the San Bernardino Dept: Public Works /Engineering Unified School District--- East of Flores Street, OMI� Date: July 31 1997 South of Tenth Street � f` Synopsis of Previous Council Action: 03-20-78 -Authorization was granted to proceed with the purchase of certain parcels of land located South of Tenth Street, East of Flores Street. 06-30-78 -Resolution No.13313 was adopted , determining fair market value of parcels located South of Tenth Street, East of Flores Street. 07-21-97-Resolution No. 97-215 was adopted, determining fair market value and setting a public hearing relative to the sale of certain real property located south of Tenth Street, East of Flores Street. Recommended Motion: 1. That the Public Hearing relative to the sale of City property located on the South of Tenth Street, East of Flores Street to the San Bernardino City Unified School District be closed. AND 2. Adopt Resolution. cc: Fred Wilson, City Administrator Barbara Pachon, Director Of Finance Jim Penman, City Attorney Annie Ramos, Director of Parks & Rec. Signature Norma Owens, EDA, Housing Division Contact Person: Les Fo,gassv Phone: 5026 Supporting data attached: Staff Report, Resolution Ward: 6 FUNDING REQUIREMENTS: Amount: None Source (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes:_ / Previously - #Z 2 _ ©*J1k/9 7 Previously - # 30 C?91/5��/ 7 08-18-973, Agenda Item No. CiT"Y OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT In 1978, the City purchased several contiguous parcels of land totaling 2.69 acres, generally South of Tenth Street, East of Flores Street, for park purposes. However, due to budget constraints, the only improvements that had been done was the planting of turf, trees and the installation of a temporary backstop. The purchase price of$20,400 was financed with Community Development Block Grant Funds. An offer to purchase the property under threat of condemnation has been received from the San Bernardino City Unified School District. The offer was for the appraised value of$70,300, as determined by an outside appraiser. The property is to be used for the site for the proposed new senior high school. We have reviewed the appraisal and agree with the fair market value established for the property. The Department of Parks and Recreation has reviewed the offer and is in concurrence with selling the property to the School District. Since the property was purchased by the City with Community Development Block Grant Funds, all proceeds from the sale will have to be returned to the account for these funds. Resolution No. 97-215, adopted on July 21, 1997, found and determined that the public interest and convenience require the sale of this property and determined the fair market value to be $70,300.00. As required by law, a public hearing was also set for August 18, 1997, regarding the proposed sale. Notices were published and posted as required. We recommend that the public hearing be closed and the sale of this property to the San Bernardino City Unified School District be approved. rt�csf No. 2639-M.B. 37/50 Son eers,ordino city 1. Tax Rote Area 7116 02 i � ID T 1-4 STREET 40 60.26" 6Y.07' 02.07' 90 60 n I PROPEJzCY TO K w u I2 , AC[WIRED QY h SM 8GRX A2.0int 19 I • G(TY 111YlFfCD I a I0 SCMflOL �iSTR!£r I 4 � I � p (I 6� 14; u I Q q I 4- 1 v � 17 I -� 713 9 10 11 12 14 3 ,4 3 A y t�•' 13 ti 14 . o NJ LL 4 �0 40' (02.07 92.07 4207. 90 60 Ili' Scz(i STREET n 21 Assessor's Mop Note- Assessors Blk. & Lot Book- 139 Page- 14 ;n r;rr►ac Snn Rarnnrdino Countv I AGREEMENT FOR ACQUISITION OF REAL PROPERTY i THIS AGREEMENT FOR ACQUISITION OF REAL PROPERTY (the "Agreement") is entered into by and among San Bernardino City Unified School District, a public school district (the "DISTRICT"), and the City of San Bernardino ("Owner"). RECITALS A. Owner is the record owner of certain real property located within the boundaries of the City of San Bernardino, County of San Bernardino, State of California, as more particularly described in Exhibit A to this Agreement (the "Property"). B. On or about February 19, 1997, the governing body of the District adopted a Resolution, in accordance with the provisions of Government Code Section 7267.1, et seq.,which Resolution, among other things, authorized the District to acquire the Property for the public purpose of constructing, maintaining and operating an elementary school. C. Owner has accepted the District's offer to purchase the Property. NOW, THEREFORE, for valuable consideration, receipt of which is acknowledged by each party to this Agreement, it is agreed between the parties as follows: 1. Recitals. The Recitals set forth above are incorporated by this reference and made a part of this Agreement. 2. Purchase Price. Owner agrees to sell the Property to the District and the District agrees to purchase the Property from Owner on the terms and conditions set forth in this Agreement. The purchase price of the Property shall be the total sum of Seventy Thousand Three Hundred Dollars ($70,300). This sum shall be delivered to Owner through Escrow when title to the Property vests in the District free and clear of all liens, encumbrances, taxes, assessments, easements and leases (recorded and/or unrecorded), except for easements or rights-of-way over the Property for public or quasi-public utility or public street purposes. It is understood and agreed that the obligations contained in this paragraph 2 are not binding unless the close of Escrow occurs. 3. Transfer of Title. Owner shall execute and deliver to Chicago Title Company, as the escrow holder ("Escrow"), a grant deed for the purpose of conveying the Property to the District, together with all of the rights, title and interests held by Owner in the Property. The grant deed shall be dated as of the date of the closing of Escrow. The grant deed shall be in a form deemed necessary by the escrow holder. 4. Condition of Title. - Title to the Property shall be good and marketable and shall be free and clear of all liens, restrictions, easements and other encumbrances, except for those accepted by the District listed on Schedule B and issued by Chicago Title Company. If title to the Property at the closing of Escrow is not as required by this Agreement, the District shall have the option, at its sole discretion, to either take such title as Owner can convey or of canceling this Agreement. Prior to the Close of Escrow, the District may obtain, at District's sole cost and H:\USERS\139\SBUSMESCROW AGW0139-142-10 EXHIBIT 66A91 expense, an updated preliminary report and/or other information respecting the status of Owner's title to the Property if deemed necessary by the District. Prior to the Close of Escrow, District shall determine whether any additional exceptions (the "Additional Exceptions") not shown on the Preliminary Title Report are designated in such updated preliminary report or other document. Prior to Close of Escrow, District shall convey in writing to Owner, notice of any Additional Exceptions which are disapproved by District and Owner shall use reasonable efforts, not involving the expenditure of any money, to cause such disapproved Additional Exceptions,which encumber the Property to be removed prior to Close of Escrow. 4.1 Right of Entry. Owner hereby grants to District, its officers, agents and employees the right to enter into and upon the Property for the purpose of inspecting, surveying, making engineering, soils and geological tests, including test borings and soundings, and other studies as District shall determine to be necessary or desirable. District shall keep Owner's property free and clear of all liens arising out of District's activity or conduct on the Property and shall restore the Property to substantially the same condition as it existed prior to Districts' entry thereon. All of such inspections shall be made at District's sole cost and expense. District shall comply with all laws and regulations applicable to such inspections. District shall indemnify, defend and hold Owner harmless from all expense, loss, damages and claims, including without limitation Owner's attorney's fees, arising out of acts or activities of District or District's agents, employees, contractors or other representatives on, or in respect of, the Property. District shall conduct any such inspections so as not to unreasonably interfere with any of Owner's operations on the Property, if any. 5. Payment of Escrow Costs. The District shall pay all costs of Escrow and recording fees incurred in this transaction, including documentary stamp tax, except to the extent prohibited by law, and title insurance policy expenses. For purposes of this paragraph, escrow and recording costs shall not include reconveyance fees, trustee's fees, forwarding fees, or any other fees or costs incurred in the reconveyance of any interest in the Property. 6. Proration of Taxes. In the event the District acquires the Property pursuant to the terms of this Agreement, taxes levied on the Property shall be prorated in accordance with the provisions of the Revenue and Tax Code as of the date of recordation of the deed conveying title to the Property to the District. Owner authorizes Escrow to deduct and pay from the purchase price, any amount necessary to satisfy any delinquent taxes due, together with penalties and interest on them, and any delinquent or nondelinquent assessments or bonds, which are to be cleared from title to the Property. 7. Payment of Mortgage or Deed of Trust. All money payable under this Agreement, up to and including the total amount of unpaid principal and interest on any note secured by a mortgage or deed of trust on the Property, and all other amounts due and payable in accordance with the terms and conditions of the mortgage or deed of trust, shall on demand be made payable to the mortgagee or beneficiary of such mortgage or deed of trust. 8. Possession. Owner shall retain possession of the Property up to and including the date of recordation of the grant deed conveying title to the Property to the District, whereupon the District shall be entitled to immediate and exclusive possession of the Property. �t 9. Full Settlement and Release. Owner acknowledges and agrees that this Agreement and implementation of its terms and conditions constitutes full and complete settlement of any H:\USERS\139',SBUSMESCROW AGM\0 139-142-10 and all claims, including damages, that Owner may have or may claim to have, or that may otherwise have arisen, by virtue of the District's acquisition of the Property except for Owner's statutory entitlement, if any, to certain relocation benefits. Except as to the satisfactory performance of terms of this Agreement, Owner hereby fully releases and discharges the District, its governing board, and all of its individual board members, trustees, officials, directors, officers, employees, attorneys, agents, representatives, successors and assigns, and each of them, from,any and all claims, demands, actions or causes of action, obligations, liabilities, losses, costs or expenses of any nature whatsoever, known or unknown, which relate to or which arise or may arise in connection with the District's acquisition of the Property except for Owner's statutory entitlements, if any, to certain relocation benefits. 10. Waiver of Civil Code Section 1542. By releasing and forever discharging claims both known and unknown which are related to, or which arise in connection with the District's acquisition of the Property, including the exercise of the power of eminent domain, as provided above, Owner expressly WAIVES any rights arising under California Civil Code Section 1542, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR" Owner acknowledges, represents and warrants that he/she/it has read the above waiver, understands its effect, and has had the opportVnity to be advised by counsel regarding its effect. 11. Coo eration. Owner shall cooperate fully with the District in the event of any dispute, claim, or other disagreement which may arise at any time concerning and/or affecting the District's right, title and/or interest in the Property. Such cooperation shall include, if requested by the District,joint participation by Owner in any legal action which the District may deem necessary to resolve any such adverse claim of an interest in the Property. With respect to any such legal action, Owner shall not be responsible for the costs incurred in any such legal action, except for such legal fees and/or costs independently incurred by Owner in seeking advice and counsel with respect to such legal action. 12. Representations and Warranties. In addition to representations and warranties set forth elsewhere in this Agreement, Owner makes the following representations and warranties regarding the Property. 12.1 No Other Interests in the Property. Owner represents and warrants that Owner has no knowledge of any claim of any right, title or interest in or to the Property, or any portion of the Property, which is not of record in the Official Records. 12.2 Lease Warranty. Owner represents and warrants that there are no oral or written leases on all or any portion of the Property that have not been disclosed in writing to the District prior to the close of Escrow, and Owner agrees to indemnify and hold the District harmless and to reimburse the District for any and all of its losses and expenses, including `. attorneys' fees and costs, occasioned by reason of any lease of the Property held by any tenant or sub-tenant of the Property not disclosed in writing to the District prior to the close of Escrow. ItT SERSU 39\SBUSD\ESCRO W.AGM\O139-1.12-10 3 12.3 Hazardous Materials. Owner represents and warrants that, to the best knowledge of Owner, (i) there has been no production, storage or disposal at the Property of any Hazardous Materials (as defined below) by Owner to the best of Owner's knowledge, by an 1 previous owner or tenant of the Property; (ii) Hazardous Materials have not been dumped, buried, leaked, or otherwise released upon, in, or under the Property or allowed to pass on, under or 1 through the Property at any time during or prior to Owner's ownership of the Property; (i i) Owner has complied with all laws, regulations, and ordinances relating to the use of all Hazardous Materials used on the Property; and (iv) there is no proceeding or inquiry by an federal, state or local governmental agency with respect thereto. The foregoing representations shall not apply to the use of petroleum products or other materials commonly used for household or farm purposes, which use did not result in, or conditioned upon, in or under the Property in violation of applicable federal, state or county ordinances. "Hazardous Material" means any hazardous or toxic substance, material or waste that is (i) regulated by any local governmental authority, the State of California of the United States Government; (ii) defined as an "acutely hazardous waste", "extremely hazardous waste", or "waste" under Sections 25110.02, 25115, 25117 or 25124 or listed pursuant to Sections 25141 and 25141.5 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control); (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) asbestos; (vii) listed under Chapter 10 of Division 4.5 of Title 22 or defined as hazardous or extremely hazardous pursuant to Division 21.5 of Title 26 of the California Code of Regulations; (viii) designated as "hazardous waste" pursuant to Section 6903 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et se g.; (ix) defined as a "hazardous substance" pursuant to Section 9601 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601, et seq.; (x) any flammable substances or explosive; or(xi) any radioactive material. 12.4 Possession. No one other than Owner will be in possession of any portion of the Subject Property at the close of Escrow except for tenants, if any, subject to leases or rental agreements disclosed to District. 13. Escrow Instructions. The parties to this Agreement agree that the Escrow willbe opened with this Agreement and the parties will immediately execute and return to Escrow such additional Escrow instructions as may be required to open, process and close the Escrow. It is the intent of the parties that such instructions be based on the terms of this Agreement, including without limitation, the terms and conditions of paragraphs 14 and 15 below. The Escrow instructions shall be attached as Exhibit B to this Agreement and made a part of this Agreement by incorporation. 14. Conditions to Close of Escrow. In addition to performance of such conditions s as may be required by the Escrow holder, the close of Escrow shall occur upon satisfaction of all of the following: HA USERS\I39\SBUSD\ESCROW.AGNP.O139-142-10 4 14.1 Chicago Title is requested to issue its California Land Title Association Owner's Policy of Title Insurance on the Property, with coverage equal to the purchase price set forth in paragraph 2, above, showing title to the Property vested in the District, subject to f such exceptions that may be of record as of the date of closing and the standard exclusions of ' Title Company. I 14.2 The District has delivered the full purchase price specified in paragraph 2, above. 14.3 Owner has executed and delivered the grant deed described in paragraph 3, above. 14.4 The District has delivered to Escrow a fully executed Request for Dismissal of the Action. 14.5 The District has deposited with Escrow sufficient funds to pay the closing costs. 14.6 Owner has submitted any documents necessary to remove any exceptions disapproved by District as to the Preliminary Report and not otherwise waived by District in writing, and any other documents necessary to remove any Additional Exceptions disapproved by District. 14.7 Owner has executed and submitted certificates of non-foreign status under Internal Revenue Code Section 1445, and California Revenue and Taxation Code Section 18662. 14.8 Each of the terms and conditions of this Agreement required to be performed have been fully performed. 15. Close of Escrow. At the close of Escrow, the Escrow holder shall close the Escrow by: 15.1 Deducting from the purchase price all amounts charged to Owner pursuant to the terms of this Agreement for prorations and satisfaction of encumbrances, if any. 15.2 Causing to be recorded in the Official Records of the County of San Bernardino the grant deed described in paragraph 3, above. 15.3 Delivering to the District the grant deed described and the title insurance policy. 15.4 Delivering to Owner the balance of the purchase price. It is the desire of the parties that Escrow close within sixty (60) days' of the Escrow holder's receipt of fully executed Escrow instructions and as soon as all the conditions of this Agreement are satisfied. H:`,USERS\139\.SBUSMESCROW.AGWO139-142-10 5 16. Amendments. All amendments. modifications, supplements or other revisions to this Agreement must be in writing and executed by the parties to this Agreement. 17. Survival of ReQresentations. All terms, conditions, covenants, representations and warranties made in this Agreement shall survive the close of Escrow. 18. Broker's Commission, Each party to this Agreement represents and warrants to each other party that it/he/she has not dealt with any broker or other person entitled to claim a commission in connection with the transaction contemplated under this Agreement. Each party hereby agrees to indemnify and hold the other party harmless from claims made by any person for a commission or like compensation. 19. Successors and Assigns. This Agreement and each of its terms and conditions shall inure to and be binding on the parties to this Agreement and each of their respective successors, assigns, executors and heirs. i 20. Entire Agreement. This Agreement constitutes the entire agreement of the parries related to the acquisition of the Property and supersedes any prior agreements or understandings regarding such acquisition. t 21. Construction. This Agreement shall be deemed to have been jointly prepared by the parties. This Agreement shall not be construed as if it had been prepared by any one party,such that it shall not be construed against any party in favor of any other party based on a the drafting of the Agreement. 22. Headings. Headings at the beginning of each paragraph or subparagraph are solely for the convenience of the parties and shall not be deemed a part of the text of 'this Agreement. 23. Consummation. The parties to this Agreement agree to execute all instruments and documents and to take all actions as may be reasonably necessary in order to consummate the transaction contemplated under this Agreement. Each party shall cooperate and take such action as may be reasonably requested by another party in order to carry out the provisions and intent and purpose of this Agreement and the terms and conditions described in this Agreement. 24. Governing Law. This Agreement is executed and delivered in the State of California and is to be construed and enforced in accordance with the law of the State of California. 25. Third Party Beneficiary. This Agreement is not to be construed to create any third party beneficiary or to give any person not a party to this Agreement any rights or remedies not otherwise available to that person. 26. Exhibits. All exhibits referenced in this Agreement are incorporated in this Agreement by such reference as if fully set forth in the text of the Agreement. 1 27. Attorneys' Fees. In the event of any action or suit by any party against another party or parties by reason of any breach of this Agreement, or any condition or covenant of it, H:\USERS\139\SBUSD\ESCROW.AG,f 0139-132-10 6 or any such action to construe or enforce the terms of this Agreement, the party or parties in f whose favor final judgment is entered shall be entitled to recover from the other party or parties, in addition to any recovery provided for in such 'judgment, all costs of suit, including reasonable attorneys' fees and expenses. 28. Waiver. The failure by any party to this Agreement to enforce any term or , , provision of this Agreement shall not constitute a waiver of the right to enforce the same term or provision, or any other term or provision of this Agreement. 29. Legal Representation. Each party to this Agreement acknowledges and agrees that it/he/she has been or has had the opportunity to be represented by legal counsel of its/his/her own choosing in the negotiation and drafting of this Agreement and, in entering into this Agreement, has not acted on reliance on any representations made by any other party or any legal representative of any other party, other than the representations and warranties set forth in this Agreement. 30. Representations and Warranties by Signatories. Each signatory to this Agreement represents and warrants that (a) the signatory has actual authority to execute this Agreement on behalf of the party for whom the signatory has signed, and (b) the signatory is duly authorized to execute and deliver this Agreement on behalf of the party for whom the signatory has signed. Executed this day of , 1997. CITY OF SAN BERNARDINO By: Name: Title: SAN BERNARDINO UNIFIED SCHOOL DISTRICT By: Name: Title: Approved as to form and legal content: JAMES F. NMAN City Att ) By. HA USERS\139\SBUSO\ESCROW.AGNU139-132-10 7 EXHIBIT A LEGAL DESCRIPTION OF APN# 0139-142-10, 12, 14, 16 and 18 9 H AUSERSA39\SBUSD\ESCROW.AGM0139-142-10 8 SCHEDULE A , Your Ref: 139-142-10 (#46) 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: c� 3. The land referred to in this report is situated in the State of California, County of SAN BERNARDINO and is described as follows: THE NORTH 292.21 FEET OF LOT 14 OF TRACT 2639, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 37, PAGE 50 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PPELIMA-9/27/99bk SCHEDULE A - Your Ref: 139-142-12 (#49) 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: 5% 3. The land referred to in this report is situated in the State of California, County of SAN BERNARDINO and is described as follows: THE NORTH 150 FEET OF LOT 13, TRACT NO. 2639, IN THE CITY OF SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 37 OF MAPS, PAGE 50, RECORDS OF SAID COUNTY. PRE.!.MA-9,27/9::D r SCHEDULE A Your Ref: 139-142-14 (#44) 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: R 3. The land referred to in this report is situated in the State of California, County of SAN BERNARDINO and is described as follows: LOT 16 OF TRACT 2639, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 37, PAGE 50 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE SOUTH 226 FEET. PRELIMA-9/27;93De SCHEDULE A Your Ref: 139-142-16 (42) 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is bested in: 6{ 3. The land referred to in this report is situated in the State of California, Countv of SAN BERNARDINO and is described as follows: LOT 15 OF TRACT 2639, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 37, PAGE 50) OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE SOUTH 226 FEET. PRELIMA-9!27,-93bk SCHEDULE A Your Ref: 139-142-18 (#48) 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof isve-�iPH in- 3. The land referred to in this report is situated in the State of California, County of SAN BERNARDINO and is described as follows: THAT PORTION OF LOTS 12 AND 13, TRACT 2639, AS PER PLAT RECORDED IN BOOR 37 OF MAPS, PAGE 50, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 150 FEET OF LOT 13; THENCE NORTH 00 08' 27" WEST ALONG THE EAST LINE OF SAID LOT, 163.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89° 59' 12" WEST 124.15 FEET TO THE WEST LINE OF LOT 12; THENCE NORTH 00 08' 33" WEST ALONG THE WEST LINE OF LOT 12, 313.26 FEET TO TENTH STREET AS SHOWN ON TRACT 2639, BOOR 37 OF MAPS, PAGE 50, RECORDS OF SAID COUNTY; THENCE SOUTH 890 57' 55" EAST ALONG TENTH STREET 62.08 FEET TO THE WEST LINE OF LOT 13; THENCE SOUTH 00 08' 30" EAST ALONG SAID WEST LINE 150.00 FEET TO THE SOUTH LINE OF THE NORTH 150 FEET OF LOT 13; THENCE SOUTH 890 57' 55" EAST ALONG SAID SOUTH LINE 62.08 FEET TO THE EAST LINE OF LOT 13; THENCE SOUTH 00 08' 27" EAST ALONG THE EAST LINE OF LOT 13, 163.16 FEET TO THE TRUE POINT OF BEGINNING. PREUW,-a/27/93ac EXHIBIT B ESCROW INSTRUCTIONS 'w H:\USERS\I39\SBUSD\ESCROW.AGWO139-142-10 9 GENERAL PROVISIONS TO: CHICAGO TITLE COMPANY Escrow No. Date r. fime is of the essence of these instructions. If this escrow is not in a condition to close by the TIME LIMIT DATE as provided for herein and written demand for cancellation is received by you from any principal to this escrow after said date,you shall act in accordance with paragraph 7 of the Generttl,Previsions. If no conflicting instruction or demand for cancellation is made,you will proceed to close this escrow when the principals have complied with the escrow instructions. In the event one or more of the General Provisions are held to be invalid in judicial proceedings,those remaining will continue to be operative. Any amendments of or supplements to any instructions affecting escrow must be in writing. You are authorized to order demands for, and pay at the close of escrow any encumbrances of record necessary to place title in the condition called for without further authorization. You are further authorized,prior to the close of escrow, to pay from funds on deposit any fees necessary to obtain any demand and/or report as may be required in this escrow and at the close of escrow charge the parties as appropriate. The principals will hand you any funds and instruments required from each respectively to complete this escrow. Interest on any new financing may begin to accrue on the date loan funds/proceeds are disbursed by the new lender,and borrower agrees to pay same in accordance with lender's instructions. 2. You are instructed to deliver and/or record all documents and disburse all funds when you can comply with these instructions and insure title as called for herein. These instructions,together with any amendments and,'or supplements,may be executed in counterparts and together shall constitute one and the same document. If these instructions relate to a sale,buyer agrees to buy and seller agrees to sell upon the terns and conditions hereof. All documents,balances and statements due the undersigned are to be mailed to the respective addresses shown herein, unless otherwise directed. In the event that any party to this escrow utilizes facsimile transmitted signed documents,all parties hereby agree to accept and hereby instruct the escrow holder to rely upon such documents as if they bore original signatures. Buyer and seller further acknowledge that any documents to be recorded bearing non original(facsimile)signatures will not be accepted for recording by the county recorder. 3. The phrase "close of escrow"(or COE) as used in this escrow means the date on which documents are recorded, unless otherwise specified. 4. Assume a 30 day month in any proration herein provided,and unless otherwise instructed, you are to use the information contained in the latest available tax statement,including any supplemental taxes of record,rental statement as provided by seller and beneficiary's or association statements delivered into escrow for proration purposes. 5. Upon close of escrow you are instructed to charge our respective accounts the costs attributable to each,including but not limited to costs as provided for herein and/or in accordance with our respective estimated statements attached hereto and made a part hereof. 6. Recordation of any instruments delivered through this escrow,if necessary or proper for the issuance of the policy of title insurance called for,is authorized. No xamination or insurance as to the amount or payment of personal property taxes is required unless specifically requested. If demand to cancel is submitted after the Time Limit Date,any principal so requesting you to cancel this escrow shall file notice of demand to cancel in your office in writing. You shall within three(3)working days thereafter mail by certified mail one copy of such notice to each of the other principals at the address stated in this escrow. Unless written objection thereto is filed in your office by a principal within fifteen(15)calendar days after the date of such mailing,you are instructed to cancel this escrow. If this is a sale escrow, you may return the lender's paper and/or funds upon lender's demand. 8. In the event that this escrow is canceled,any fees or charges due Chicago Title Company including cancellation fees and any expenditures incurred or authorized shall be paid from funds on deposit unless otherwise specifically agreed to or determined by a court of competent jurisdiction. Upon payment thereof, return documents and monies to the respective parties depositing same,or as ordered by the court, and void any executed instruments. 9. If there is no written activity by a principal to this escrow within any six-month period after the Time Limit Date set forth herein,Chicago Title Company may, at its option,terminate its agency obligation and cancel this escrow,returning all documents,monies or other items held,to the respective parties entitled thereto, less any fees and charges as provided herein. 10. If,for any reason,funds are retained or remain in escrow after the closing date,you may deduct therefrom a reasonable charge as custodian,of not less than 525.00 per month,unless otherwise specified. 11. In the event that you should receive or become aware of conflicting demands or claims with respect to this escrow,or the rights of any of the parties hereto,or any money or property deposited herein,you shall have the absolute right at your option to discontinue any or all further acts until such conflict is resolved to your satisfaction. 12. In the event that any Offer to Purchase,Deposit Receipt,or any other form of Purchase Agreement is deposited in this escrow,it is understood that such document will be effective only as among the parties signing said document. You, as escrow holder, are not to be concerned with the terns of such document and are relieved of all responsibility in connection therewith. The foregoing will not be applicable in any transaction in which Chicago Title has specifically agreed to accept an Offer to Purchase, Deposit Receipt or other forms of Purchase Agreement as escrow instructions. In any event,you are not to be concerned or liable for items designated as"memoranda"in these escrow instructions nor with any other agreement or contract between the parties. 13. The parties hereto,by execution of these instructions acknowledge that the escrow holder assumes no responsibility or liability whatsoever for the supervision of any act or the performance of any condition which is a condition subsequent to the closing of this escrow. the absence of instructions to the contrary, you are hereby authorized to utilize wire services, overnight, next day, or other expedited delivery services (as opposed to the regular U.S. Mail)and to charge the respective party's account accordingly. 15. You are released from and shall have no liability, obligation or responsibility with respect to(a)withholding of funds pursuant to Section 1445 of the Internal Revenue Code of 1986 as amended,and to Sections 18662 and 18668 of the California Revenue and Taxation Code,(b)advising the parties as to the requirements of said Section 1445,(c)determining whether the transferor is a foreign person or a non-resident under Section,nor(d)obtaining a non foreign affidavit or other exemption from withholding under said Sections nor otherwise making any inquiry concerning compliance with such Sections by any party to the transaction. GENERAL PROVISIONS CONTINUED TO: CHICAGO TITLE COMPANY Escrow No. Date 16. you pay a demand to reconvey a revolving line of credit or equityline deed of trust,you are hereby instructed on my behalf and for my benefit,to request that the lender issuing said demand cancel said revolving line or equityline of credit. 17. You are authorized to furnish to any affiliate of Chicago Title Company,any attorney,broker or lender identified with this transaction or any one acting on behalf of such lender any information,instructions,amendments,statements,or notices of cancellation given in connection with this escrow. If any check submitted to escrow is dishonored when presented for payment,you are authorized to notify all principals and/or their respective agents of such non payment. 18. All written notices,communications,change of instructions and documents are required to be delivered timely at the office of Chicago Title Company as set forth herein. 19. All funds received in this escrow shall be deposited with other escrow funds in one or more escrow(demand)accounts of Chicago Title Company in any state or national bank. The parties to this escrow understand that the escrow accounts you maintain with the depository institutions contribute to your value as a customer of these institutions which,in turn,may make available to Chicago Title Company an array of bank services,accommodations or other benefits. You shall have no obligation to account for the value realized by Chicago Title Company from these services,accommodations or other benefits. All disbursements shall be made by your check,unless otherwise instructed. You shall not be responsible for any delay in closing if funds received by escrow are not available for immediate withdrawal. Chicago Title Company may,at its option,require concurrent instructions from all principals prior to release of any funds on deposit in this escrow. 20. You are authorized to destroy or otherwise dispose of any and all documents,papers,instructions,correspondence and other material pertaining to this escrow at the expiration of six(6)years from the close of escrow or cancellation thereof,without liability and without further notice. IMPORTANT NOTICE Except for wire transfers, funds remitted to this escrow are subject to availability requirements imposed by Section 12413.1 of the California Insurance Code. CASHIER'S, CERTIFIED or TELLER'S checks,payable to CHICAGO TITLE COMPANY are generally available for disbursement on the next business day following the date of deposit- Other forms of payment may cause extended delays in the closing of your transaction pursuant to the requirements imposed by State Law. (Wire transfer information available upon request) L ALL PARTIES TO THIS ESCROW ACKNOWLEDGE THAT CHICAGO TITLE COMPANY DOES NOT PROVIDE LEGAL ADVICE NOR HAS IT MADE ANY INVESTIGATION,REPRESENTATIONS OR ASSURANCES WHATSOEVER REGARDING THE LEGAL ASPECTS OR COMPLIANCE OF THIS TRANSACTION WITH ANY TAX,SECURITIES OR ANY OTHER STATE OR FEDERAL LAWS. IT IS RECOINLMENDED THAT THE PARTIES OBTAIN INDEPENDENT LEGAL COUNSEL AS TO SUCH MATTERS. THE FOREGOING ESCROW INSTRUCTIONS AND GENERAL PROVISIONS HAVE BEEN READ AND ARE UNDERSTOOD AND AGREED TO BY EACH OF THE UNDERSIGNED. Current Address: Current Address: 'emardino City Unified School Dismct Les Fogassy orth F Street Dept. of Public Works/Enginnering San Bernardino, California 92410 City of San Bernardino Attn: R. Scott Shira 300 North D. Street Telephone: (909) 381-1233 San Bernardino, California 92418 File No.: 15.05-212 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION rom: ROGER G. HARDGRAVE Subject: Public Hearing and Resolution--- Approving Sale of City Property to the San Bernardino e 'ublic Works/Engineering Unified School District---East of Flores Street, South of Tenth Street ate: July 31, 1997 ynopsis of Previous Council Action: 03-20-78—Authorization was granted to proceed with the purchase of certain parcels of land located South of Tenth Street, East of Flores Street. 06-30-78—Resolution No.13313 was adopted , determining fair market value of parcels located South of Tenth Street, East of Flores Street. 07-21-97—Resolution No. 97-215 was adopted, determining fair market value and setting a public hearing relative to the sale of certain real property located south of Tenth Street, East of Flores Street. recommended Motion: 1. That the Public Hearing relative to the sale of City property located on the South of Tenth Street, East of Flores Street to the San Bernardino City Unified School District be closed. AND 2. Adopt Resolution. cc: Fred Wilson, City Administrator Barbara Pachon, Director Of Finance Jim Penman, City Attorney Annie Ramos, Director of Parks & Rec. Signature Norma Owens, EDA, Housing Division :.ontact Person: Les Fogassy Phone: 5026 Supporting data attached: Staff Report Resolution Ward: 6 =UNDING REQUIREMENTS: Amount: None Source (Acct. No.) N/A (Acct. Description) N/A Finance: Previously - #a� �g �/g 7 C 1 Notes: Previously - # -3 0 d g�y��7 08-18-97 Agenda Item No._ -� A. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT 1978,the City purchased several contiguous parcels of land totaling 2.69 acres, generally South of Tenth .greet, East of Flores Street, for park purposes. However, due to budget constraints,the only improvements that had been done was the planting of turf, trees and the installation of a temporary backstop. The purchase price of$20,400 was financed with Community Development Block Grant Funds. An offer to purchase the property under threat of condemnation has been received from the San Bernardino City. Unified School District. The offer was for the appraised value of$70,300, as determined by an outside appraiser. The property is to be used for the site for the proposed new senior high school. We have reviewed the appraisal and agree with the fair market value established for the property. The Department of Parks and Recreation has reviewed the offer and is in concurrence with selling the property to the School District. Since the property was purchased by the City with Community Development Block Grant Funds, all proceeds from the sale will have to be returned to the account for these funds. Resolution No. 97-215, adopted on July 21, 1997, found and determined that the public interest and convenience require the sale of this property and determined the fair market value to be $70,300.00. As required by law, a public hearing was also set for August 18, 1997, regarding the proposed sale.Notices were published and posted as required. .Je recommend that the public hearing be closed and the sale of this property to the San Bernardino City Unified School District be approved.