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File No.: 15.05-212
GlTY 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
Unified School District m East of Flores Street,
South of Tenth Street
Dept: Public Works / Engineering
Date: July 31,1997
cg(Q)[j2))1
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.
Norma Owens, EDA, Housing Division
Or$~
Signature
Contact Person:
Les F Ol!assv
Phone: 5026
Supporting data attached: StaffReoort. Resolution
Ward:
6
FUNDING REQUIREMENTS:
Amount: None
Source (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
Continued to tJ f' /Is- /'/7
08-18-97
g}18/q7
Agenda Item No. ~;l.
CITY ~F 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.
San Bernardino City
Tax Rate Area
7116
tact No. 2639-M.a 37/50
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2
RESOLUTION NO:
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE pTY OF
3 SAN BERNARDINO ACCEPTING OFFER TO PURCHASE THAT CERTAIN REAL
PROPERTY LOCATED ON THE SOUTH SIDE OF TENTH STREET, EAST OF
4 FLORES STREET FROM THE SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT AND AUTHORIZING AND DIRECTING THE EXECUTION OF AN
5 AGREEMENT FOR ACQUISITION OF REAL PROPERTY.
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WHEREAS, the City of San Bernardino purchased and is the owner of certain real
property generally located South of Tenth Street, East of Flores Street in said City with
9 Community Development Block Grant Funds; and
WHEREAS, as set forth in Resolution No. 97-215, adopted the 21" day of July, 1977,
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11 the Mayor and Common Council of the City of San Bernardino declared the intention to sell that
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certain real property located on the South side of Tenth Street, East of Flores Street in said City,
more fully described therein; and
WHEREAS, in said Resolution No. 97-215, it was determined that the public interest and
convenience require the sale of said real property; and
WHEREAS, in said Resolution No. 97-215, the fair market value of said real property
18
was found and determined to be the amount of $70,300.00; and
19
20
21 proposed sale of said real property.
WHEREAS, a public hearing was held on the ISth day of August, 1997, relative to the
22 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
23 OF SAN BERNARDINO, AS FOLLOWS:
SECTION 1. That the sale of that certain real property generally located South of Tenth
24
25 Street, East of Flores Street in the City of San Bernardino, more fully described in the
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Agreement for Acquisition of Real Property, a copy of which is attached hereto as Exhibit "A"
07/31/97
RESOLUTION APPROVING SALE OF CERTAIN REAL PROPERTY LOCATED SOUTH OF TENTH
STREET, EAST OF FLORES STREET AND AUTHORlING AND DIRECTING THE EXECUTION OF A
SALES AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOO DISTRICT.
1 and incorporated herein, to the San Bernardino City Unified School District is hereby approved
2 in the amount of $70,300.00.
3
SECTION 2. That the Mayor of the City of San Bernardino is hereby authorized and
4
5 directed to execute on behalf of said City, an Agreement for Acquisition of Real Property, a
6 copy of which is attached hereto as Exhibit "A" and incorporated herein, and such other
7 documents, including but not limited to a Grant Deed, as referenced in said Agreement.
8
SECTION 3. That all proceeds of the sale of said real property be returned to the
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Community Development Block Grant Fund account, to be used as determined by the City under
11 the provisions of the law governing the use of such funds.
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08/11197
2
RESOLUTION APPROVING SALE OF CERTAIN REAL PROPERTY LOCATED SOUTH OF TENTH
STREET, EAST OF FLORES STREET AND AUTHORJING AND DIRECTING THE EXECUTION OF A
SALES AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOO DlSTRJCT.
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
2 Common Council of the City of San Bernardino at a meetillg thereof
3
10
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19 The foregoing resolution is hereby approved this
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wit:
5
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9
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held on the
day of
, 19_, by the following vote, to
Council Members: A YES
NA YES
ABSTAIN ABSENT
NEGRETE
CURLIN
ARIAS
OBERHELMAN
DEVLIN
ANDERSON
MILLER
City Clerk
day of
,19_.
TOM MINOR, Mayor
City of San Bernardino
Approved as to form
24 and legal content:
25
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By:
07/31/97
3
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 conveyor of canceling this
Agreement. Prior to the Close of Escrow, the District may obtain, at District's sole cost and
H:\USERS\139\SBUSD\ESCROW.AGM\0139.1.&Z-IO
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, whi~h
encumber the Property to be removed prior to Close of Escrow.
4.1 Right of Entrv. 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 docljIllentary 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 ofrecordation 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.
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\SBUSD\ESCRO\V.AGM\0139.142-IO
2
mid 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 ms 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 opporl\U1ity to be advised by counsel regarding its effect.
11. Coooeration. 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. Reoresentations 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 Prooertv. 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:I.USERS\139\SBUSO\ESCROW.AGM\OIJ9-1-l2.10
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 defmed below) by Owner to the best of Owner's knowledge, by an
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
through the Property at any time during or prior to Owner's ownership of the Property; €i,ii)
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 goverrunental agency with respect thereto.
The foregoing representations shall not apply to the use of petroleum products or
other materials corrunonly 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 goverrunental authority, the State of California of the United
States Goverrunent; (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) defmed as a "hazardous
substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter
6.7 (Underground Storage of Hazardous Sub~tances); (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 sea.; (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 sea.; (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
as may be required by the Escrow holder, the close of Escrow shall occur upon satisfaction of
all of the following:
H:\t1SERS\139\SBUSO\ESCROW.AGM'OI39-142-IO
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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
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\I)9\SBUSD\ESCROW.AGM'DI)9-1~2-IO
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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 Reoresentations. All terms, conditions, covenants, repre&entations
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 AlITeement. 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 anyone
party,such that it shall not be construed against any party in favor of any other party based on
the drafting of the Agreement.
I
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 Beneficiarv. 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. Attornevs' 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,Il!SERSI1391SBl!SDIESCROW.AGM 0139-142-10
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Of 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.
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 te~
or provision, or any other term or provision of this Agreement.
29. Legal Reoresentation. Each party to this Agreement acknowledges and agrees
that itlhe/she has been or has had the opportunity to be represented by legal counsel of
itslhislher 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. Reoresentations and Warranties bv 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:
By.
H,\USERSlI39\SBUSDIESCROW.AGM\OI39.142-IO
7
EXHmIT A
LEGAL DESCRIPTION OF APN# 0139-142-10, 12, 14, 16 and 18
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H,IUSERSI1391SBUSOIESCROW.AGMI0139.\42.\O
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SCHEDULE A J
Your Ref: 139-142-10 (#46)
1. Tbe estate or interest in the land bereinafter described or referred to covered by this report is:
A FEE
\
2. Title to said estate or interest at the date bereof is vested in:
\ ,,\
3. Tbe land referred to in tbis report is situated in the State of California, County of SAN BERNARD INO
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 SO OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
\
,
\
\,
PReL.IMA.9/27/93bll
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:
\
\
"
3. The land referred to in this report is situated in the State of California. County uf SAN BERNARD r 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.
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FRELIMA.9/27/93:l-
SCHEDULE A
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Your Ref: 139-142-14 (#44)
1. Tbe estate or interest in tbe land bereinafter described or referred to covered by this ,ep"r1 is:
A FEE
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~
2. Title to said estate or interest at the date hereof is vested in:
"
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"
~
.
3. The land referred to in tbis report is situated in tbe State of California, County of SAN BERNARD I NO
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.
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PREUMA.9/27/93b"
. .
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
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2. Title to said estate or interesl 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 BERNARD INO
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.
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PRELIMA.9/27/V3blr.
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
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2. Title to said estate or interest at the date hereof t._<t~.t1 in'
I
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3. The land referred to in this report is situated in the State of Califomia, County of SAN BERNARD INO
and is descnlled as follows:
THAT PORTION OF LOTS 12 AND 13, TRACT 2639, AS PER PLAT RECORDED IN BOOK 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 '1'0
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 '1'0
TENTH STREET AS SHOWN ON TRACT 2639, BOOK 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 '1'0
THE TRUE POINT OF BEGINNING.
PFaJIAMfZ'fD*
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EXHIBIT B
ESCROW INSTRUCTIONS
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H,IUSERSI1391SBUSOIESCROW.AGMIOI39.142.IO
9
GENERAL PROVISIONS
TO: CHICAGO TITLE COMPANY
Escrow No.
Dale
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Time is of the essence of these instructions. If this escrow is not in a condition to close by the TIME LIMIT DA IE as provided for herein and wriqen demand
fOT cancellation is received by you from any principal to this escrow after said date, you shall act in accordance with paragraph 7 of the Genera,Pr6vislons. l(
no conflicting instruction or demand for cancellation is made. you will proceed to close this escrow when the principals have complied wilh 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 andlor 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 arc instructed to deliver andlor 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 tenns and conditions hereof. All documents, balances and statements
due the undersigned are to be malled to the respective addresses shown herein, unless otherwise directed. In the eveni 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 scHer 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 phn.se "close of escrow" (or CaE) 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.
s.
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 pan hereof.
6.
Recordation of any instruments delivered through this escrow. if necessary or proper for the issuance of the policy of title insurance caned for, is authorized. No
examination or insurance as to the amount or payment of personal proper1t' taxes is required unless specifically requested.
7.
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 papen 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 panics 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 fonn of Purchase Agreement is deposited in this escrow, it is undentood 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 an responsibility in connection therewith. The foregoing will nol be applicable in any transaction in which Chicago Title has specifically agreed to
accept an after 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.
14. In 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
IS. 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) detennining whether the transferor is a foreign penon 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.
Dale
16. If 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
t ,. Yau are authorized to furnish to any affiliate of Chicago Title Company. any attorney, broker or lender identified with this transaction or anyone acting on behalf
of such lender any infonnation. insU'Ucrions. amendments. statements, or notices of cancellarion 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 respettive agents of such non payment
18. All written notices. communications, change of instructions and documents are required to be delivered timely at the office arChieago 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 contnbute 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 fOT the value realized by Chicago Tille Company from these services. acconunodations or other benefits. All disbursements shall be made
by your check, unless oUlerw1se inslnZcted. You shan not be responsible fOT any delay in closing if funds received by escrow are not available for immediate
w;thdrawal. Chicago Tide Company may. at its option. require concurrent instrUctions from an principals prior to release of any funds on deposit in this escrow.
20. You are authorized to desttoy or otherwise dispose of any and aU 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. w;thout liability and without further notice.
IMPORTANT NOTICE
Except for wire transfers. funds remiaed to this escrow are subject to availability requirements imposed by Section 12413.1 oftbc California Insurance Code.
CASHIER'S, CERTIFIED or TELLER'S checks, payable to CHICAGO TITLE COMPANY are genmlly available for disb....ment on the next business day
following the date of deposit
Other forms of payment may cause extended delays in the closing of your tranSaction pUtSuant to the requirements imposed by State Law.
(Wire nnsfer information available upon request)
ALL PARTIES TO nus ESCROW ACK...'lOWLEDGE TIIAT CHICAGO TITLE COMPAl'lY DOES NOT PROVIDE LEGAL
ADVICE NOR HAS IT lVlADE ANY INVESTIGATION, REPRESENTATIONS OR ASSURA.l'lCES WHATSOEVER REGARDING
THE LEGAL ASPECTS OR COMPLlAL-;CE OF nus TRANSACTION WITII ANY TAX, SECURITIES OR ANY OTHER STATE
OR FEDERAL LAWS, IT IS RECOMMENDED THAT THE PARTIES OBTAIN INDEPENDENT LEGAL COUNSEL AS TO
SUCH MA TIERS.
THE FOREGOING ESCROW INSTRUCTIONS AND GENERAL PROVISIONS HAVE BEEN READ AND ARE
UNDERSTOOD AND AGREED TO BY EACH OF TIlE UNDERSIGNED.
Current Address:
San Bernardino City unified School Dismcr
777 North F Street
San Bernardino, California 92410
Atm: R. Scon Shira
Telephone: (909) 381-1238
Current Address:
Les Fogassy
Dept. of Public W orkslEnginnering
City of San Bernardino
300 North D. Street
San Bernardino, California 92418