HomeMy WebLinkAboutResolution No. 22-8077 - Approving Purchase of Real Property and Acq of Temp Construction Easement for Property Located at 9036 Imperial Hwy1:44*91 ItIl I L61 0 10 191W*41:10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE PURCHASE OF REAL PROPERTY AND THE ACQUISITION
OF A TEMPORARY CONSTRUCTION EASEMENT BETWEEN SANTANA
INVESTORS, LLC AND THE CITY OF DOWNEY FOR PROPERTY LOCATED
AT 9036 IMPERIAL HIGHWAY
WHEREAS, the City of Downey ("City") has negotiated a purchase agreement with
Santana Investors, LLC ("Seller"), pursuant to which the City would purchase real property and
acquire a Temporary Construction Easement ("Easements") located at 9036 Imperial Highway,
Downey, CA for a purchase and acquisition price of Twenty -Three Thousand Five Hundred
Dollars ($23,500.00) ("Agreement"); and
WHEREAS, the City Council has determined that approval of the Agreement and the sale
transaction contemplated thereby, are in the best interest of the City and the public health, safety
and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Downey hereby (i) approves the Agreement,
a copy of which attached hereto as Exhibit "A", and is on file with the City Clerk, (ii) if required,
authorizes and directs the City Manager to make final changes to the Agreement consistent with
ihe City Council's direction, and (iii) authorizes the Mayor to execute the final Agreement and any
other documents and agreements necessary to complete the sale transaction contemplated by
the Agreement.
SECTION 2. The City Council of the City of Downey hereby determines that the
acquisition of the Easements is exempt from the California Environmental Quality Act (CEQA)
under Section 15301 of the CEQA Guidelines, as an existing facility.
APPROVED AND ADOPTED this 14 th day of June, 2022.
RESOLUTION NO. 22-8071
PAGE 2
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a Regular meeting held on the 14 th day of June, 2022, by the following
vote, to wit:
AYES:
Council Members:
Frometa, La Plante, Trujillo, Alvarez, Mayor Pacheco
NOES:
Council Members:
None.
ABSENT:
Council Members:
None.
ABSTAIN:
Council Members:
None.
AGREEMENT TO PURCHASE REAL PROPERTY
DOWNEY, CALIFORNIA
enteredTHIS AGREEMENT is into this LLL day of , 2022, by • among
the CITY OF DOWNEY, A MUNICIPAL CORPORATION D CHARTER CITY (hereinafter
r Santana Investors,
1 . Seller owns real property at 9036 Imperial Highway, Downey, California, further
legally described in ATTACHMENT "A" is incorporated herein by this reference and hereafter
referred to"Property".
2. The City desires to acquire a street right-of-way dedication an• a temporary
Improvementconstruction easement from the Seller for the Lakewood Blvd. & Imperial Hwy. Intersection
'"
3. The Seller desires to sell a portion of the Property to the City for the street right-
of-way dedication. The street right-of-way dedication is described and shown in EXHIBITS "A"
r i of • Grant Deed and incorporated herein of Agreement
ATTACHMENT
temporary4. The City also desires to acquire a temporary construction easement from Seller.
The six (6) month term of the temporary construction easement will commence when written
notice is provided to Seller by the City or its contractor(s). The six (6) month term of the
• •n easement will commence following •:hour written
notice to the Grantor by the City or its subcontractors. The temporary construction easement is
described and shown in EXHIBITS "A" and "B" of the attached Temporary Construction
Easement Deed ("Construction Easement") and incorporated herein of this Agreement as
ATTACHMENT "C".
ilt
contained herein, the parties agree• •
On i conditions set forth herein, Seller agrees to sell the Property • City
• : • grant the City a temporaryi : i • City agreesto purchase the
THOUSANDProperty from Seller and to compensate the Seller for the temporary construction easement.
The total price for the purchase of a portion of the property and compensation for the
temporary construction easement, payable in cash through escrow, shall be at a cost of
DOLLARS 1 1 11 exchange for
receipt of this amount, Seller releases City of any and all claims by Seller under the United
States Constitution Amendments 5 and 14, and for any and all claims under state law,
including but not limited to claims for the value of the real estate and improvements thereon,
severance damages, relocation benefits and loss of goodwill. Notwithstanding anything to the
contrary contained in this Section 1, the City shall remain liable for any injury to persons or
damage to property relating to or arising from the acts of omissions of the City or its agents,
employees, contractors and representatives on the Property.
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This sale shall be consummated through approval by City's designee(s) and/or City
Council. In the event that Escrow is deemed necessary for the purpose of title and/or property
and easement transfer, the City agrees to open escrow with a Title Company (Commonwealth
Land Title Company). This Agreement, along with the Grant Deed, Construction Easement
and ATTACHMENT "D" attached hereto, constitutes the joint escrow instructions of City and
Seller to the Escrow Holder, which may be supplemented by escrow holders form agreement.
Subject to the conditions described in Section 8, City shall deposit into escrow the sum set
forth in Section 1 above, payable to Seller. The closing date for the escrow shall be no later
than sixty (60) days after opening of escrow, unless such date is extended by written
agreement of the parties. "Close of Escrow" shall be the date when the Grant Deed to the City
is recorded. City shall pay any and all escrow and closing costs. City shall also pay the costs of
the ALTA title insurance referenced in Sectio-f 81.
• =- a 8111
Except as would otherwise be shown in a preliminary title report, to the current, actual
knowledge of Seller, Seller warrants to City that as of the date of this Agreement and/or as of
the date of close of escrow, Seller has not granted any unrecorded easements or licenses on
the Property and Seller does not have actual knowledge of grants of any unrecorded
easements or licenses on the Property by others.
To the current, actual knowledge of Seller, Seller warrants that there is not now, and/or
as of close of escrow, there will not be, any violation of any law, ordinance, rule, or
administrative or judicial order affecting the Property, nor is there any judicial order affecting
the Property, nor is there any condemnation, zoning change, or other proceeding or action
(including legislative action) pending, threatened, or contemplated by any governmental body,
except City, authority, or agency that will in any way affect the size or use of, improvements or
construction on, or access to the Property by City. This warranty is not apply to
,governmental action where notice has not been provided to Seller.
F
To the current, actual knowledge of Seller, Seller warrants that as of the date of this
Agreement and/or as of close of escrow, Seller has not entered into any contracts, leases,
licenses, commitments, or undertakings respecting the Property, or for the performance of
services on the Property, or for the use of the Property or any part of it or any agreement or
contract of any kind pertaining to the Property by which City would become obligated or liable
to anyone.
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violation of any statute, ordinance, regulation or administrative or judicial order or holding,
whether or not appearing in public records, with respect to the Property or any improvements
on the Property.
7.1 Seller warrants and represents that, during the time in which Seller has owned
the Property, neither Seller nor, to the current, actual knowledge of Seller, any third party, has
used, generated, manufactured, produced, stored or disposed of, on, under, or about the
Property or transported to or from the Property any hazardous materials, including without
limitation, flammable materials, explosives, asbestos, radioactive materials, hazardous wastes,
toxic substances, or related injurious materials, whether injurious by themselves or in
combination with other materials in violation of applicable federal, state or local laws. To the
current, actual knowledge of Seller there is no proceeding or inquiry by any governmental
authority, including without limitation, the California or Federal Environmental Protection
Agency or the California State Department of Toxic Control, or state or regional water quality
board, with respect to the presence of such hazardous materials on the Property or their
migration from or to other property. For purposes of this Agreement, the term "hazardous
materials" shall include but not be limited to substances defined as "hazardous substance,"
"hazardous materialsor "toxic substances" in the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (Title 42 United States Code Sections
9601-9675); the Hazardous Materials Transportation Act, as amended (Title 49 United States
Code Sections 1801-1819); the Resource Conservation and Recovery Act of 1976, as
amended (Title 42 United States Code Section 6901-6992k); and any substance defined as
"hazardous waste" in Health and Safety Code Section 25117 or as "hazardous substance" in
Health and Safety Code Section 25316, and in the regulations adopted and publications
promulgated under these laws.
7.2 Seller hereby agrees to indemnify, protect, hold harmless, and defend City, its
council members, officers, employees, agents, from and against any and all loss, expense,
damage and liability, including without limitation (1) all foreseeable and unforeseeable
consequential damages, directly or indirectly arising from the use, generation, storage, or
disposal of hazardous material on the Property by Seller and Seller does not have actual
knowledge of consequential damages, directly or indirectly arising from the use, generation,
storage, or disposal of hazardous material on the Property by others (2) the cost of any
required or necessary repair, cleanup, or detoxification and the preparation of any closure or
other required plans, regardless of whether such action is required before or after the close of
escrow, but only to the extent that such liability is attributable, directly or indirectly, to the
presence or use, generation, storage, release, threatened release, •: disposal of hazardous
materials by Seller that occurred while Seller owned the Property. Seller's indemnity shall
survive close of escrow.
7.3 From and after record of Grant Deed, City agrees to indemnify, protect, hold
harmless and defend Seller against any and all loss, expense, damage and liability, including
without limitation (1) all foreseeable and unforeseeable consequential damages, directly or
indirectly arising from the use, generation, storage, or disposal of hazardous material on the
Property by City; and (2) the cost of any required or necessary repair, cleanup, or
detoxification and the preparation of any closure or other required plans, but only to the extent
that such .• is attributable to the presence or use, generation, storage, release,
threatened release, or disposal of hazardous materials on the Property by City. City's
•' shall survive close • •
City's obligation to perform this Agreement is subject to City's approval of the condition
of title, described in Sections 8.1 and 8.2, City's approval of the condition of the Property
described in Section 8.3, and no breach of representations, as described in Section 8.4.
8.1 Title Company shall be able to issue in favor • City an ALTA standard owner's
policy • title insurance dated as of close of escrow with liability not less than the •
price, covering the Property, showing title vested in City, and showing as exceptions only
current •' and special real property taxes, bonds and assessments not yet delinquent,
?nd the exceptions to title that City has approved.
8.2 Promptly, upon opening of escrow, Escrow Holder shall furnish City with a title
commitment for an ALTA title policy and legible copies of all documents reported as exceptions
in it ("Title Documents"). City shall notify Seller and Escrow Holder in writing within ten (10)
days after receipt of the title commitment and the Title Documents of City's disapproval of any
exception in those documents. If any supplemental title commitment • supplemental Title
Documents are submitted, then City shall notify Seller and Escrow Holder in writing within ten
(10) days after City's receipt of such items, but not later than the date mutually agreed upon by
the parties in writing for the Close • Escrow, of City's disapproval of any title exception set
• therein.
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returned to City immediately • demand, and City shall •. all title company and escrow
charges.
8.3 City shall pay for a Property Condition Inspection by a competent inspector
selected by the City. City's obligation to close escrow is contingent upon City's approval of the
condition of the Property at its sole discretion.
8.4 If there is a breach of any representation or warranty given by Seller pursuant t1i
this Agreement that is discovered by City before close of escrow, then City may nevertheless
elect to proceed to close the escrow, in which event City shall be deemed to have elected to
waive such breach, or City may elect to terminate this Agreement and the escrow, in which
event this Agreement shall be canceled. If this Agreement and the escrow are terminated by
City's election under this paragraph, then all funds or other things deposited by City, if any,
shall be returned to City immediately on demand, and Seller shall pay all title company and
escrow charges.
To Seller's current, actual knowledge, as of the date of this Agreement and/or as oi
Close of Escrow, no litigation is or will be pending against Seller regarding the use, operation,
development, condition or improvement of the Property, or regarding any right, title or interest
in the Property.
Seller and City acknowledge that the purchase and sale of the Property has been
negotiated under the threat of condemnation of the Property by the City. In the event of Seller
default, City's ability to perform is prejudiced. Accordingly, in the event the escrow fails to
close by reason of a default by Seller, Seller agrees:
B. That the Seller waives any right to bring an action or claim against City in inverse
condemnation or to seek damages for alleged precondemnation conduct arising out of the
2cquisition by City contemplated under this Agreement.
C. Seller acknowledges that in waiving these claims they have not relied on any
,epresentations or statements made or said by City, its agents, attorneys or other
:epresentatives.
Except as set forth below in this Section, each party bears its own costs and fees,
including any attorneys' fees, associated with the acquisition by the City contemplated undeT
this Agreement. If any party files an action or brings any proceeding against the other arising
from this Agreement, or is made a party to any action or proceeding brought by the Escrow
Holder, then as between City and Seller and City, the prevailing party shall be entitled to
recover as an element of its costs of suit, and not as damages, reasonable attorneys' fees to
be fixed by the court. The "prevailing party" shall be the party who is entitled to recover its
costs of suit, whether or not suit, proceeds to final judgment. A party not entitled to recover its
costs shall not recover attorneys' fees. No sum for attorneys' fees shall be included in
calculating the amount of a judgment for purposes of deciding whether a party is entitled to its
costs or attorneys' fees.
All warranties, covenants, and other obligations stated in this Agreement shall survive
close of escrow. All warranties, covenants, and other obligations that the City discovers to be
breached before tender of the deed, and that City either expressly waives or does not object to
before such tender, shall not survive tender of the deed.
fillillillilis 17 . ;: . : III III . ! IP1 111111111111111
11011 111 1 .111 Ir I I I Molk 0
Except as otherwise provided herein, this Agreement inures to the benefit of, and is
binding on, the parties, their respective heirs, personal representatives, successors, and
assigns.
This Agreement constitutes the entire agreement among the parties and supersedes all
prior discussion, negotiations, and agreements whether oral or written. Any amendment to this
Agreement, including an oral modification supported by new consideration, must be reduced to
writing and signed by all of the parties before it will be effective.
Ro representation, warranty, or recommendation is made by Seller or City or their
respective agents, employees, or attorneys regarding the legal sufficiency, legal effect, or tax
consequences of this Agreement or the transaction, and each signatory is advised to submit
this Agreement to his or her respective attorney before signing
This Agreement may be executed in counterparts, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original, and all such
counterparts together shall constitute one and the same instrument.
Time is of the essence of this Agreement, and failure to comply with the time provisions
of this Agreement shall be a material breach of this Agreement.
The City shall defend, •- and hold Seller and the tenant • the ••`
harmless from and against any and all claims, demands, causes of action, judgments,
liabilities, damages, costs and expenses (including reasonable attorney's fees and consultant
and expert fees) relating to or arising from the City's activities on the Property.
i;T.-T4tr-r1W ".Ewulfr2mm •
• as set forth in Section 7, in its entirety, • is and • 11, in no event
shall Seller have any liability to the City for damages.
The City's contractor(s) shall not occupy any portion of the Seller's property, within the
Construction Easement area described and shown on EXHIBITS "A" and "B" of the attached
Temporary Construction Easement Deed, for a period in excess of six (6) months following the
date of written notice thereon to perform work. As a condition of exercising the Construction
Easement, the City •: its contractors shall provide at least a seventy-two (72) hour prior written
notice to Seller before performing work on or about the Property. The six (6) month term of the
•• construction easement will commence when written notice is provided to Seller by
the City or its contractor(s). Written notice will be provided no later than seventy-two (72) hours
• the temporary construction easement start date. All work by the City • its contractors
lb performed in compliance with applicable laws.
11! 1 [ii I ! I li I I I III;
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
get forth herinabove.
By: U-1,
-- f--'77
Name: 0( ,2i,'j12
Title: 11�t m LiL
Date:
Jo
(Print)
Date: 5 , a 1) - d' 0-,
(Print)
CITY OF DOWNEY:
Date:
Ian Pacheco, Mayor (Print)
MR
Bruce
ATTACHMENT "App
Page 1 of 6
CITY CLERK
CITY OF DOWNEY - CITY HALL
r'.0. BOX 7016
lid WNEY, CA 90241-7016
"This document is recorded for the benefit of
the City of Downey and is therefore exempt
from recording fees pursuant to Gov't Code
Section 27383 and exempt from docuntentary
transfer tax pursuant to Rev. & Tax Code
Section 11922"
APN: 6256-012-008
mr -Iliphway. aqw�ne'A9QZ42) Space above this line is for Recorder's Use
A: A-4791
GRANT DEED
1111110111 iI 1 111 111 111 111 jj� 111111 111111111�1111
does hereby grant to the CITY OF DOWNEY, A MUNICIPAL CORPORA TION OF THE STATE OF CALIFORNIA
Downey, County of Los Angeles, State of California:
SEEATTACHMENT
EXHIBIT "A LEGAL DESCRIPTION
AND
EXHIBIT "B FOR VISUAL REFERENCE ON]
It is understood that each undersigned grantor grants that portion of the above described land in which said grantor has an
interest.
Dated: GRANTOR:
•
By.
Its:
Name: . ........... .
By:
Its:
Name:
Page 2 of 6
Legal Descn,
deszcriW s follows:
'OADIENCING at the tin laud describedin said Deed,
theuce along the nvsterly line of said land, North a1 t12",West 150,00 to a line
that is parallelxith aid 50,00 feet southerly of the centerfine of Iniptrial1di ay and
the
land;thence along said parallel hne South 89058'53" East 60,00 feet to the eastefly line of said
thence 1 said easterly line, Sonal "al"1 "East a. 51 feer
thence 1 ` said easterly line Soil '49*5 " Wei 60.16 feet to said westerly
thence alongsaid westerly line ,North 1' 1 2" West 4,90 feet to the O
BEGLNNT'Q
Parcel contaw 1" square feet, more or 1
See 'fait "1" attached hereto tna& a pad hereof
Page 3 of 6
IN 111111
ATTACHMENT "B"
Page 4 of 6
EXHIBIT "B"
For Visual Reference only. Not for Descriptive Purposes
Portion of APN: 6256-012-008
IMPERIAL HIGhWAY
OR
S69`, 6'51E
.7
x G �1, "A"
1 1114 6255 C119-008
APM6256-012-M9 INST-,A'O
J"
U) RANCHO SANTA GEPTRUDIES
P,0,C,
5%` COR INST NO,
2018,09843KOA
rwr I
Or WAr
CITY OF DOWNEY AQE,� SF
COUNTY OF LOS ANGELES, STATE OF CALffORNIA
LAKEWOOD BLVD, & IMPERIAL. HWY,
i SCAI,
NTERSECTION IMPROVEMENT PROJECT : �HEET: I OF I
XTTAUArWEAT'7W'
Page 5 of 6
ACKNOWLEDGMENT
-------- -----
A notary public or other officer completing this certificate verifies only the identity of the individual -who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
document -
On before e, Not ® Public
(Insert name of the Lfuc-j, -insert title of the officer)
personally appeared Naive of Signer (1)
L Name of Signer (2)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ subscribed to the
within instniment and acknovdedgcd to me that heishe/they executed the same in his./her/their authorized
capacity(�tj), and that by his/her/their signature(s) on the 'instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the jqqpyuq�
I certif�r under PENALTY OF PERJURY under the laivs of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official sea].
(Seal)
Signature of Notary Public
ATTAGAIMI-Pyff"
Page 6 of 6
I'llil lil 111 � � I I i � ''Jilli'll � � 11
MUIRSIuse is M it WiTs MMOMWAFS61 fM
............
APN: 6256-012-008
ATTACHMENT "CP1
Page 1 of 5
M I WK91 a 1191TA 011
NMML���
CITY CLERK
CITY HALL, CITY OF DOWNEY
P.O. BOX 7016
DOWNEY, CA 90241-7016
"This document is recorded for the benefit of
the City of Downey and is therefore exempt
from recording fees pursuant to Gov't Code
Section 27383 and exempt from documentary
transfer tax pursuant to Rev. & Tax Code
Section 11922"
111114 JJ :1i I il
Santana Investors, LLC, hereinafter called Grantor,
does hereby grant to the CITY OF DOWNEY, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA ANY
CHARTER CITY ("Grantee"), its employees, agents, representatives, contractors, successors and assigns, a temporary
easement for construction purposes in, on, over, and across all that real property in the City of Downey, County of Los
Angeles, State of California, described as
SEEATTACHMENT
EXHIBIT "A'�- LEGAL DESCRIPTION
AND
EMVL%U4j—?,F)EF-?FtLr-.F-k, t
two (72) hour written notice to the Grantor by the City or its subcontractors.
Dated: GRANTOR:
By:
Its:
Name:
By:
Its:
Name:
ATTACHMENT 11111CIP
Page 2 of 5
EXHIBIT "A"- Legal Description
APIN: 62-%-012-008
tkienm leaving said westerly fine North 85*49'58"Emst 60,16 fee to thetatedy hw of
said land °
Thesiddines of said strip off and giall be prolonged at sborterAed as nemsary to
kmfuWt in t1re westerly mid easterly tims of said land,,
Pxtel contains 903 squate feet, more or lea,
See EN&Wt *B' atuched hereto and made a part bereof.
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4401Y i rah Ian, P. L.
DarI 4122r2021
21=
ATTACHMENT "C"
EXHIBIT "B"
IMPERIAL HlGffWAY
20,,8 09,64,39 i OR, 1
F'CORTIA"Al f"'T L()7
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to
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1, P
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M,5',T hf-7,
o, r
C R C, 0 R
INDmCAFLS
EASEUENI
AREA
CITY OF DOWNEY
I AREA
COUNTY
OF LOS ANGELES, STATE
OF CALIF ORNIA
4 /2 2/2,,",
LAKEWOOD BLVD, & IMPERIAL HWY,
INTERSECTION IMPROVEMENT PROJECT
1
Page 4 of 5
ACKNOWLEDGWNT
A notary public or other officer completing this certificate veres only the identity of the individual who
signed the document to which this certcate is attached, and not the truthfulness, accuracy, or validity of that
document.
---------------------------------
on before me
(Insert name of the
personally appeared
Name of Signer (1)
a Name of Signer (2)
who proved to me on the is of satisfactory evidence to be the person(s) whose name(s) ir./are subscribed to the
►rit instrument and acknourledged to me that he/shelthey executed the same in hivher/their authorized
capacflyog,5), and that by his/herftheir signature(s) on the instrument the person(s), cc the entity upon behalf of which
the person(s) acted, executed the
I certify undes PENALTY OF PERJURY under the l►vs of the to of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
M
Signature of Notary Public
Page 5 of 5
This is to certify that the temporary easement more particularly described in EXHIBIT "A" ami
EXHIBIT "B" to the attached TEMPORARY CONSTRUCTION EASEMENT DEED to the
undersigned City of Downey ("CITY"), the provisions of which instrument are incorporated by this
reference as though fully set forth in this certificate, is hereby accepted by the undersigned officer/agent
on behalf of the CITY's Council Members, and the Grantee consents to recordation thereof by its duly
xu6iorizei. officer.
APN: 6256-012-008
By:
1W a,41�iciaD�uarte
City Clerk
Dated:
City and Seller agree to open escrow in accordance with Section 2 of this Agreement.
This Agreement constitutes the joint escrow instructions of City and Seller, and Escrow Agent
to whom these escrow instructions are delivered is hereby empowered to act under this
Agreement. The parties hereto agree to do all acts necessary to close this escrow in the
shortest possible time.
As soon as possible after open of escrow, Seller will execute the respective Deeds
attached to this Agreement as the "Grant Deed" and deposit the executed deed with Escrow
Agent on City's behalf. City agrees to deposit the purchase price upon demand of Escrow
Agent. City agree's to deposit with Escrow Agent any additional instruments as may be
necessary to complete this transaction.
Insurance policies for fire or casualty are not to be transferred, and Seller will cance,
Seller's own policies after close of escrow.
All funds received in this escrow shall be deposited with other escrow funds in a general
;��scrow account(s) and may be transferred to any other such escrow trust account in any State
tr National Bank doing business in the State of California. All disbursements shall be made by
check and/or wire transfer from such account.
2. Escrow Agent is Authorized and is Instructed to Comply with the Following
Tax Adjustment Procedure:
A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and
interest thereon, and for any delinquent or non -delinquent assessments or bonds
against the Property.
B. In the event this escrow closes six months subsequent to execution of th
agreement, and the current tax information is not available from title insure
Escrow Agent is instructed to withhold from Seller's proceeds an amount equal
100% of the prorated amount due based upon the previous fiscal year's secon
half tax bill. At such time that the tax information is available, Escrow Agent sh pablOnj
make a check yae to ooll the Cunty Tax Cector for Seller's prorad poon terti
taxes and forward same to the City and shall refund any difference to the Selle
In the event the amount withheld is not sufficient to pay Seller's prorated porti
of taxes due, the Seller herein agrees to immediately pay the difference.
In the event said tax information is available, Seller's taxes shall be prorated i
accordance with paragraph "C" below.
C. From the date that tax information is available, as per paragraph "B," up to and
including June 30th, Seller's current taxes, if unpaid, shall be prorated to date of
close of escrow on the basis of a 365 day year in accordance with Tax
Collector's proration requirements, together with penalties and interest, if said
current taxes are unpaid after December 10 and/or April 10. At close of escrow,
check payable to the County Tax Collector for Seller's pro-rata portion of taxes
shall be forwarded to City with closing statement.
DAny taxes which have been paid by Seller, prior to opening of this escrow, shall
not be prorated between City and Seller, but Seller shall have the sole right, after
close of escrow, to apply to the County Tax Collector of said county for refund.
This refund would apply to the period after City's acquisition, pursuant to
Revenue and Taxation Code Section 5096.7.
3. Escrow Agent is Authorized to and ShaU
.4
N. Pay and charge City for 100% of escrow fees and closing costs payable under
this Agreement.
CDisburse funds and deliver deeds when conditions of this escrow have been
fulfilled by City and Seller.
The Term "close of escrow", if and where written in these instructions, shall mean the
date necessary instruments of conveyance are recorded in the office of the County Recorder.
Recordation of instruments delivered through this escrow is authorized if necessary or proper
in the issuance of said policy of title insurance.
All time limits within which any matter herein specified is to be performed may b,;
extended by mutual agreement of the parties hereto. Any amendment of, or supplement to,
any instructions must be in writing.
4. Time is of the Essence in these Instructions and Escrow is to Close as
Soon as Possible
If (except • deposit of • by City, which shall • ' made by • • demand of
Escrow Agent before close of escrow) this escrow is not in condition to closd within sixty (60)
days fromdate of . instructions,any party who then shall have fully complied with these
instructions• demand of _ money or property; but i
complied, no demand for return thereof shall be recognized until five (5) days after Escrow
Agent shall have mailed copies of such demand to all other parties at the respective addresses
shown in these escrow instructions, and if any objections are raised within said five (5) day
period, • Agent is authorized to hold all papersand documents until instructed by i
of competent jurisdiction or mutual instructions. If no demands are made, proceed with closing
*f this escrow• • possible.
Seller hereby grants to City, or its authorized agents, permission to enter upon the
Property at all reasonable times prior to close of escrow for the purpose of making necessary
or appropriate in:.::. i i
Loss or damage to the real property or any improvements thereon, by fire or other
casualty, occurring prior to the recordation of the Deed shall be at the risk of Seller. In the
event that loss or damage to the real property or any improvements thereon, by fire or other
casualty, occurs prior to the recordation of the Deed, City may elect to require that the Seller
pay to City the proceeds of any policy of insurance which may become payable to Seller by
reason t'.: ` • or • permit such proceeds ti • ' used for the restoration of damage done,
or 1: reduce the totalprice by an amount• • the diminution in value of • Property by
greater.reason of such loss or damage or the amount of insurance payable to Seller, whichever is
'::• be liable for• or damage • Property caus' i by •: •
effective date of `•
.. • a • . • �. � � `. • is • ' (i