HomeMy WebLinkAboutA7176 - HENRY & GLORIA ARROYO, LLCfm Commonwealth
^ I AMP* XITI C rXieilDAM/^B /^r^MDAKIV
Commonwealth Land Title Company
4100 Newport Place Dr., Suite 120
Newport Beach, CA 92660
LAND TITLE INSURANCE COMPANY PhOPe. (949)724-^40
Fax:
DOCUMENT EXECUTION GUIDELINES
Subject to requirements and limitations of applicable State and Local Law, all
Commonwealth direct operations must adhere to one of the following procedures for all
documents upon which a Company title product is based - applicable in all transactions
other than the Exempted Transactions described below:
r
1. All documents signings must be conducted in the presence of an authorized Company
employee or title policy issuing agent (collectively "Company representative") regardless
of who performs the actual notarization; or
2. The document signings must be conducted by a corporate approved third party notary
or a notary selected through Bancserv, a brand neutral FNF (parent company) company;
or
3. The document signings must be conducted under the supervision of attorneys actively
licensed in the state where the document signings take place.
Exempted Transactions
1. Documents executed in accordance with existing guidelines for foreign
individuals and entities and military personnel.
2. Documents executed directly with the insured lender (not the mortgage broker).
3. Documents provided by independent escrows or closing services approved by
the Company Regional Manager or their designee.
4. Documents executed for commercial transactions in an amount of three million or
greater ($3,000,000)
Please direct any questions or inquiries to your Commonwealth Land Title Company I
escrow officer, title officer, or marketing representative. I
April 2016
DOCGUIDE (DSI Rev. 04/22/15)
BOE-502-A (PI) REV. 13 (06-17)
PRELIMINARY CHANGE OF OWNERSHIP REPORT
To be completed by the transferee (buyer) prior to a transfer of subject
property, in accordance with Section 'iSQ.S of the Revenue and Taxation
Code. A Preliminary Change of Omership Report must be filed wltti
eaci) conveyance in the County Recorder's office for the county
where the proper^ is located.
FOR ASSESSOR'S USE ONLY
City of Palm Springs, a California charter city and municipal
corporation
3200 E Tahquitz Canyon Way
Palm Springs, OA 92262
ASSESSOR'S PARCEL NUMBER
677-477-010 and 011
SELLER/TRANSFEROR
HenyryGloriaArroyo, LLC, a California limited liability
corporation '
BUYER'S DAYTIME TELEPHONE NUMBER
BUYER'S EMAIL ADDRESS
STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY
Vacant Land, Cathedral City, CA
D YES □ NO This property Is Intended as my principal residence. If YES, please indicate the date of occupancy MO DAY YEAR
or intended occupancy.
□ YES DNO Are you a disabled veteran or a unmarried surviving spouse of a disabled veteran who was
compensated at 100% tiy the Department of Veterans Affairs?
MAIL PROPERTY TAX INFORMATION TO (NAME)
City of Palm Springs, a California charter city and municipal corporation
MAIL PROPERTY TAX INFORMATION TO (ADDRESS)CITY STATE ZIP CODE
PART 1; TRANSFER INFORMATION Please complete all statements.
This section contains possible exclusions from reassessment for certain types of transfers.
YES Na
□ JO A. This transfer Is solely between spouses {addllion or removal of a spouse, death of a spouse, divorce settlement, etc.).
This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal of a
partner, death of a partner, termination settlement, etc.).
This is a transfer: □ between parent(s) and child(ren) □ from grandparent(s) to grandchild(ren).
This transfer Is the result of a cotenant's death. Date of death
^ B.
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D.
□
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E.
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5
This transaction Is to replace a principal residence by a person 55 years of age or older.
Within the same county? DYES DNO
This transaction Is to replace a principal residence by a person who Is severely disabled as defined by Revenue and Taxation Codesection 69.5. Within the same count^ □ YES □ NO
This transaction is only a correction of the name(s) of the person(s) holding title to the property (e.g., a name change upon marriage).
If YES, please explain: ^^
The recorded document creates, terminates, or reconveys a lender's Interest In the property.
This transaction is recorded only as a requirement for financing puiposes or to create, terminate, or reconvey a security interest
(e.g., cosigner). If YES, please explain:
The recorded document substitutes a trustee of a trust, mortgage, or other similar document.
This is a transfer of property:
1. to/from a revocable trust that may be revoked by the transferor and is for the benefit of
□ the transferor, and/or □ the transferor's spouse □ registered domestic partner.
2. to/from an irrevocable trust for the benefit of the
O creator/grantor/irustor and/or □ grantor's/trustor's spouse □ grantoTs/trustor"s registered domestic partner.
This property is subject to a (ease with a remaining lease term of 35 years or more including written opOons.
This Is a transfer between parties in which proportional Interests of the transferor(s) and transferee(s) in each and every parcel being
transferred remain exactly the same after the transfer.
□ 13^ N This is a transfer subject to subsidized low-income housing requirements with governmentaily imposed restrictions, or restrictions
imposed by specified nonprofit corporations.
O. This transfer is to the first purchaser of a new building containing an active solar energy system.
P. Other.This transfer!
jzT*
D is to OrjO\(€3tA
uctlons for Part 1. ^Please refer to the instructions for I
Please provide any other information that will help the Assessor understand the nature of the transfer.
THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION
SFRM0017 (DSI Rev. 12/20/17)
Check and complete as applicable.
BOE-502-A (P2) REV. 13 (06-17)
PART 2. OTHER TRANSFER INFORMATION
A. Date of transfer, if other than recording date:
Type of Transfer
Purchase □ Foreclosure □ Gift □ Trade or exchange □ Merger, stock, or partnership acquisition (Form BOE-100-B)
□ Contract of sale. Date of contract: O inheritance. Date of death:
a.
O Sale/leaseback □ Creation of a lease □ Assignment of a lease □ Termination of a lease. Date lease began
Original term In years (including written options): Remaining term in years (including written options):
□ Other. Please explain
C. Only a partial interest In the property was transferred. □ YES □ NO if YES, Indicate the percentage transferred:%
PART 3. PURCHASE PRICE AND TERMS OF SALE
A. Total purchase price.
B. Cash down payment or value of trade or exchange excluding closing costs
C. First deed of trust @ % interest for years. Monthly payment $
□ FHA(
Check a
Discount Points) D Cal-Vet O VA (Discount Points) □ Fi
nd complete as applicable.
xed rate □ Variable rate
□ Bank/Savings & Loan/Credit Union □ Loan carried by seller
O Balloon payment $ Due date:
D. Second deed of trust @ % Interest for years. Monthly payment $
Amount
Amount
Amount $
MiA
A/ |Ar
□ Fixed rate □ Variable rate □ Bank/Savings & Loan/Credit Union □ Loan carried by seller
□ Balloon payment $ Due date:
E.
F.
G.
H.
Was an Improvement Bond or other public financing assumed by the buyer? □ YES □ NO Outstanding Balance
Amount, if any, of real estate commission fees paid by the buyer which are not included In the purchase price $
The properly was purchased: □ Through real estate broker. Broker name:
□ Direct from seller □ From a family member-Relationship
□ Other: Please explain:
j4iL
Phone number j
Please explain any special terms, seller concessions, broker/agent fees waived, financing, and any other information (e.g., buyer assumed the
existing loan balance) that would assist the Assessor In the valuation of your property.
PART 4. PROPERTY INFORMATION
A. Type of property transferred
□ Single-family residence
□ Multiple-family residence. Number of units:
Check and complete as applicable.
□ Co-op/Own-your-own
□ Condominium
□ Timeshare
□ Manufactured home
O Unimproved lot
□ Commercial/IndustrialDescription: (i.e., timber, mineral, water rights, etc.)
□ YES^NO Personal/business properly, or incentives, provided by seller to buyer are included in the purchase price. Examples of personal
property are furniture, farm equipment, machinery, etc. Examples of incentives are club memberships, etc. Attach list if available.
If YES. enter the value of the personal/business properly: $ Incentives $
□ YES JET'nO a manufactured home Is included In the purchase price.
If YES, enter the value attributed to the manufactured home: $
□ YES D'NO The manufactured home is subject to local property tax. If NO, enter decal number
□ YES ET^IO The property produces rental or other income.
If YES, the income is from: □ Lease/rent □ Contract □ Mineral rights □ Other:
The condition of the property at the time of sale was: Good □ Average □ Fair □ Poor
Please describe:
CERTIFICATION
I certify (or declare) that the foregoing and all information heraon, including any accompanying statements or documents, is true and correct to the best
of my knowledge and belief
SIGN OF BUYEfVTRANS rCORPORATE OFFICER
*JAME OF BWyER/TRANSFEREKSfEGAL^EPRESENTATIVE/pORPORATE OFFICER (PLEASE PRINT)0\P^
DATE I tjo/l^/|g>
iAaXlAAfr'^Wj!/
Tl ictyou folr^dditional Information regarding this
TELEPHONE
EMAIL ADDRESS ^lAA.ArtQg-'M.lle-n^,
fe Assessor's office may contact you foradditional Information regarding this transaction.^\ivv?pn cci .^0n7
SFRM0017 (DSI Rev. 12/20/17)
BOE-502-A (P3) REV. 13 (06-17)
ADDITIONAL INFORMATION
Please answer all questions in each section, and sign and complete the certification before filing. This form may be used in all 58
California counties. If a document evidencing a change in ownership is presented to the Recorder for recordation without the concurrent
filing of a Preliminary Change of Ownership Report, the Recorder may charge an additional recording fee of twenty.dollars ($20).
NOTICE: The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the County
Assessor. Supplemental assessments are not paid by the title or escrow company at close of escrow, and are not included in lender
impound accounts. You may be responsible for the current or upcoming property taxes even If you do not receive the tax bill.
NAME AND MAILING ADDRESS OF BUYER: Please make necessary corrections to the printed name and mailing address. Enter
Assessor's Parcel Number, name of seller, buyer's daytime telephone number, buyer's email address, and street address or physical
location of the real property.
NOTE: Your telephone number and/or email address is verv important. If there is a question or a problem, the Assessor needs
to be able to contact you.
MAIL PROPERTY TAX INFORMATION TO: Enter the name, address, city, state, and zip code where property tax information should
be mailed. This must be a valid mailing address.
PRINCIPAL RESIDENCE: To help you determine your principal residence, consider (1) where you are registered to vote, (2) the home
address on your automobile registration, and (3) where you normally return after work. If after considering these criteria you are still
uncertain, choose the place at which you have spent the major portion of your time this year. Check YES if the property is intended as
your principal residence, and indicate the date of occupancy or intended occupancy.
DISABLED VETERAN: If you checked YES, you may qualify for a property tax exemption. A claim form must be filed and all
requirements met in order to obtain the exemption. Please contact the Assessor for a claim form.
PART 1: TRANSFER INFORMATION
If you check YES to any of these statements, the Assessor may ask for supporting documentation.
0,0,E, F: If you checked YES to any of these statements, you may qualify for a property tax reassessment exclusion, which may allow
you to maintain your property's previous tax base. A claim form must be filed and all requirements met in order to obtain any of
these exclusions. Contact the Assessor for claim forms. NOTE: If you give someone money or property during your life, you may be
subject to federal gift tax. You make a gift if you give property (including money), the use of property, or the right to receive income from
property without expecting to receive something of at least equal value in return. The transferor (donor) may be required to file Form
709, Federal Gift Tax Return, with the Internal Revenue Service if they make gifts in excess of the annual exclusion amount.
G: Check YES if the reason for recording is to correct a name already on title (e.g., Mary Jones, who acquired title as Mary J. Smith, is
granting to Mary Jones). This is not for use when a name is being removed from title.
H: Check YES if the change involves a lender, who holds title for security purposes on a loan, and who has no other beneficial Interest
in the property.
"Beneficial Interest" is the right to enjoy all the benefits of property ownership. Those benefits include the right to use, sell,
mortgage, or lease the property to another. A beneficial interest can be held by the beneficiary of a trust, while legal control of
the trust is held by the trustee.
1: A "cosigner" is a third party to a mortgage/loan who provides a guarantee that a loan will be repaid. The cosigner signs an
agreement with the lender stating that if the borrower fails to repay the loan, the cosigner will assume legal liability for it.
M: This is primarily for use when the transfer is into, out of, or between legal entities such as partnerships, corporations, or limited
liability companies. Check YES only if the interest held in each and every parcel being transferred remains exactly the same.
N: Check YES only if this property is subject to a government or nonprofit affordable housing program that imposes restrictions.
Property may qualify for a restricted valuation method (i.e., may result in lower taxes).
O: If you checked YES, you may qualify for a new construction property tax exclusion. A claim form must be filed and all
requirements met in order to obtain the exclusion. Contact the Assessor for a claim form.
PART 2: OTHER TRANSFER INFORMATION
A: The date of recording is rebuttably presumed to be the date of transfer. If you believe the date of transfer was a different date (e.g.,
the transfer was by an unrecorded contract, or a lease identifies a specific start date), put the date you believe is the correct transfer
dale. If it is not the dale of recording, the Assessor may ask you for supporting documentation.
B: Check the box that corresponds to the type of transfer. If OTHER is checked, please provide a detailed description. Attach a
separate sheet if necessary.
C. If this transfer was the result of an inheritance following the death of the properly owner, please complete a Change of Ownership
Statement, Death of Real Property Owner, form BOE-502-D, if not already filed with the Assessor's office.
BOE-502-A (P4) REV. 13 (08-17)
SFRM0017 (DSI Rev. 12/20/17)
PART 3: PURCHASE PRICE AND TERMS OF SALE
11 is important to complete this section completely and accurately. The reported purchase price and terms of sale are important factors
in determining the assessed value of the property, which is used to calculate your property tax bill. Your failure to provide any required
or requested information may result in an inaccurate assessment of the property and in an overpayment or underpayment of taxes.
A. Enter the total purchase price, not Including closing costs or mortgage insurance.
"Mortgage insurance" is insurance protecting a lender against loss from a mortgagor's default, issued by the FHA or a
private mortgage insurer.
B. Enter the amount of the down payment, whether paid in cash or by an exchange. If through an exchange, exclude the closing costs.
"Closing costs" are fees and expenses, over and above the price of the property, incurred by the buyer and/or seller, which
include title searches, lawyer's fees, survey charges, and document recording fees.
C. Enter the amount of the First Deed of Trust, if any. Check all the applicable boxes, and complete the information requested.
A "balloon payment" is the final installment of a loan to be paid in an amount that Is disproportionately larger than the regular
installment.
D. Enter the amount of the Second Deed of Trust, if any. Check all the applicable boxes, and complete the information requested.
E. If there was an assumption of an improvement bond or other public financing with a remaining balance, enter the outstanding
balance, and mark the applicable box.
An "improvement bond or other public financing" is a lien against real property due to property-specific improvement
financing, such as green or solar construction financing, assessment district bonds, Mello-Roos (a form of financing that can
be used by cities, counties and special districts to finance major improvements and services within the particular district) or
general improvement Ipnds, etc. Amounts for repayment of contractual assessments are included with the annual property tax
bill.
F. Enter the amount of any real estate commission fees paid by the buyer which are not included in the purchase price.
G. If the property was purchased through a real estate broker, check that box and enter the broker's name and phone number. If the
property was purchased directly from the seller (who Is not a family member of one of the parties purchasing the property), check the
"Direct from seller" box. If the property was purchased directly from a member of your family, or a family member of one of the parties
who is purchasing the property, check the "f=rom a family member" box and indicate the relationship of the family member (e.g., father,
aunt, cousin, etc.). If the property was purchased by some other means (e.g., over the Internet, at auction, etc.), check the "OTHER"
box and provide a detailed description (attach a separate sheet if necessary).
H. Describe any special terms (e.g., seller retains an unrecorded life estate In a portion of the property, etc.), seller concessions (e.g.,
seller agrees to replace roof, seller agrees to certain interior finish work, etc.), broker/agent fees waived (e.g., fees waived by the
broker/agent for either the buyer or seller), financing, buyer paid commissions, and any other Information that will assist the Assessor in
determining the value of the property.
PART 4: PROPERTY INFORMATION
A. Indicate the property type or property right transferred. Property rights may include water, timber, mineral rights, etc.
B. Check YES if personal, business properly or incentives are included in the purchase price in Part 3. Examples of personal or
business property are furniture, farm equipment, machinery, etc. Examples of Incentives are club memberships (golf, health, etc.), ski
lift tickets, homeowners' dues, etc. Attach a list of Items and their purchase price allocation. An adjustment will not be made if a detailed
list is not provided.
0. Check YES if a manufactured home or homes are included in the purchase price. Indicate the purchase price directly attributable to
each of the manufactured homes. If the manufactured home is registered through the Department of Motor Vehicles in lieu of being
subject to property taxes, check NO and enter the decal number.
D. Check YES if the property was purchased or acquired with the intent to rent or lease it out to generate income, and indicate the
source of that anticipated income. Check NO if the property will not generate income, or was purchased with the intent of being owner-
occupied.
E. Provide your opinion of the condition of the property at the time of purchase. If the property is in "fair" or "poor" condition, include a
brief description of repair needed.
SFRM0017 (DSI Rev. 12/20/17)
Escrow Officer:
Grace Kim
COMMONWEALTH LAND TITLE COMPANY
4100 Newport Place Dr., Suite 120, Newport Beach, CA 92660
Phone: (949) 724-3140
Buyers/Borrowers Settlement Statement
Estimated
Close Date; Proration Date:Date PreEscrow No;
09182630 - 918 GKD
pared;
09/20/2018
Disbursement Date;
Buyer{s)/Borrower(s); City of Palm Springs, a California charter city and municipal corporation
Property;Vacant Land
Cathedral City, CA
Description Debit Credit
TOTAL CONSIDERATION:
Total Consideration
TITLE AND ESCROW CHARGES:
Title Charge to Commonwealth Land Title
Escrow Charge to Commonwealth Land Title Company
FedEx Fees <est) to Commonwealth Land Title Company
RECORDING FEES;
Ca Affordable to Commonwealth Land Title
ADDITIONAL CHARGES:
Escrow Pad (refundable if not used) to Commonwealth Land Title Company
5,900.00
396.00
830.00
95.00
250.00
•
500.00
Sub Totals
Balance Due From Buyer/Borrower
7,771.00 0.00
7,771.00
Totals 7,771.00 7,771.00
>1^
:2
This statement is based on Information available to the escrow holder as of the date this statement was prepared and the closing date shown
above. Actual amounts may change and/or vary depending on updated information received and the final closing date.
Printed by Carly Beard on 9/20/2018 - 5:08:53PM Page 1 of 2
Escrow Officer;
Grace Kim
COMMONWEALTH LAND TITLE COMPANY
4100 Newport Place Dr., Suite 120, Newport Beach, CA 92660
Phone: (949) 724-3140
Buyers/Borrowers Settlement Statement
Estimated
Escrow No:
09182630-918 GKD
Close Date:Proration Date:Date Prepared:
09/20/2018
Disbursement Date:
Buyer(s)/Borrower(s):
Cili^f Palm Sprint
Name
ornia charter city and municipal corporation
City of Palm Springs, a California
Charter City and Municipal Corporation
David H. Ready, Manager
APPROVED AS TO FORM
CITY ATTORNEY J
y Clerk
APPROvrn
tk^%W.OD
This statement is based on information available to the escrow holder as of the date this statement was prepared and the closing date shown
above. Actual amounts may change and/or vary depending on updated information received and the final closing date.
Printed by Carly Beard on 9/20/2018 - 5:08:53PM Page 2 of 2
Commonwealth
LAND TITLE INSURANCE COMPANY
Commonwealth Land Title Company
4100 Newport Place Dr., Suite 120
Newport Beach, CA 92660
Phone: (949)724-3140
Fax:
Grace U. Kim, Commercial Escrow Officer
Phone: (949) 724-3141 » Fax: (714) 459-7217
e-mail: aukim@dtic.cGm
PRELIMINARY REPORT APPROVAL
Escrow Number: 09182630-918-GKD
Title Order Number:
Date: September 4, 2018
The undersigned acknowledge that they have read and received a copy of the Preliminary
Report of Title Issued by Commonwealth Land Title Company under the above referenced
order number and hereby approve same in its entirety. The undersigned buyer
acknowledges receipt of a copy of the Covenants, Conditions and Restrictions, if any, as set
forth in the Preliminary Report and hereby approve same:
At the close of escrow, the Policy of Title Insurance issued in connection with this
transaction will contain only the following Items: ^ ^\^^^
PLUS those Items that will reflect the documents being recorded through this escrow. The
following Items are to be eliminated: ^ ^
BUYER;
City of Palm Spring^
chafer city and
California
ipal corporation
City of Palm Springs, a California
Charter City and MunicipatTCorporatlon
Name:
Its:
David H. Re City Manager
APPROVED AS TO FORM
APPROVED BY CITY MAMAGER
(Si Commonwealth
^ I AUn TFTI C IMCllDAMri: /"AMDAMV
Commonwealth Land Title Company
4100 Newport Place Dr., Suite 120
Newport Beach, CA 92660
LAND TITLE INSURANCE COMPANY PhOOe. (949) 724-J^40
Fax:
THE ESCROW HOLDER IS COMMONWEALTH LAND TITLE COMPANY WHICH IS LICENSED BY
THE CALIFORNIA DEPARTMENT OF INSURANCE.
CONTRACT AGREEMENT COMMERCIAL ESCROW INSTRUCTIONS
THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS - READ IT CAREFULLYI
Escrow No. 09182630-918-GKD
Grace Kim " Date: August 22,2018
Escrow Officer
These Instructions are entered Into pursuant to that certain TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT, DATED August 14,2018 , a copy of which Is attached hereto, executed by
CITY OF PALM SPRINGS, A CALIFORNIA CHARTER CITY AND MUNICIPAL CORPORATION (BUYER) and
HENYRYGLORIAARROYO, LLC. A CALIFORNIA LIMITED LIABILITY CORPORATION (SELLER)
A) As Escrow Holder you shall be concerned only with those specific provisions as set forth in the Agreement
where Escrow Holder is given instructions to perform certain acts or with those paragraphs where Escrow
Holder would generally and reasonably be expected to act. All other provisions of the Agreement which the
parties consider to be binding upon themselves, are considered to be outside the scope of the Escrow
Holder's responsibilities.
B) Escrow Holder shall be Commonwealth Land Title Company and a CLTA Standard Form Policy of Title
Insurance In the amount of $5900.00 shall be Issued to Buyer by Commonwealth Land Title Company.
0) The consideration for this transaction Is $6900.00.
ADDITIONAL INSTRUCTIONS
1. DATE CLARIFICATION; For the purposes of this Escrow (and in accordance with the provisions of the
Agreement), the Parties hereto acknowledge the following:
a. "Opening of Escrow" is August 22,2018
b. "Agreement Date" is August 14,2018
c. "Close of Escrow" For the purposes of closing this escrow, all parties acknowledge that "close of
escrow" shall be the date on which the Deed conveying title (along with any financing documents) is
recorded.
2. LEGAL DESCRIPTION: It is hereby acknowledged that the Legal Descriptions for the Deeds set forth in
the Agreement are deemed approved pursuant to Seller's execution of the Deeds In favor of Buyer, and
Buyer's execution of the Certificates of Acceptance of said Deeds.
3. IMPORTANT NOTICE REGARDING DEPOSIT OF FUNDS FOR CLOSING:
Initials
Contract Agreement Commercial Escrow instructions Printed: 9/21/2018 8:38 AM by CBO
COMMCONTLT (DSI Rev. 03/27/17) Page 1 Escrow No.: 09182630-918-0X0
Funds received by WIRE TRANSFER are available for Immediate disbursement at the cipse of escrow.
Other forms of payment deposited may cause extended delays in closing. Escrow Holder will not be
responsible for any such delays due to the type of deposits made. Therefore, we strongly urge any
deposits made for closing funds to be In the form of a wire transfer. Please contact your escrow
officer for our wiring Instructions, or If you have any questions regarding this notice.
4. PRO-RATIONS: Escrow Holder shall make no pro-rations in this escrow.
5. MONETARY LIENS OR ENCUMBRANCES OF RECORD: Prior to close of escrow, Escrow Holder Is
authorized and Instructed to obtain beneficiary statements, demands and/or cause the reconveyance,
partial reconveyance, or subordination, as the case may be, of any monetary exception or on any matter of
record required to place title In the condition called for, pursuant to the Agreement
6. CONDITIONS PRECEDENT TO CLOSE OF ESCROW: Buyer's and Seller's deposit into escrow of their
respective executed estimated closing statement shall constitute their satisfaction or waiver of all conditions
set forth In paragraph D 'h\ (for Buyer) and paragraph p (for Seller) of
the Agreement.
7. TAX EXEMPT ENTITY: All parties hereto acknowledge that the buyer Is public entity and exempt from
payment of any real property taxes. There will be no proration of taxes through escrow. Seller will be
responsible for payment of any real property taxes due prior to close of escrow. In the event any real
property taxes , are due and unpaid at the close of escrow, Escrow Holder Is hereby authorized and
Instructed to pay such taxes from proceeds due the Seller at the close of escrow. Seller understands that
the Tax Collector will not accept partial payment of an Installment of the real property taxes due at the close
of escrow. At the close of escrow, the Buyer will file any necessary documentation with the County Tax
Collector/Assessor for the property tax exemption. In the event this escrow closes between July 1 and
November 1 and current tax Information Is not available from County Tax Collector, Escrow Holder Is
Instructed to withhold 126% of the previous fiscal year's tax bill from Seller's proceeds. At such time that
the tax information Is available. Escrow Holder shall make a payment to County Tax Collector and return
any difference to the Seller. In the event the arnount withheld is not sufficient to pay Seller's taxes due, the
Seller herein agrees to immediately deposit any shortage to escrow holder within 48 hours of notification.
Any prorated refund that will be due the Seller wl|l be refunded to the Seller by the County Tax
Collector/Assessor outside of escrow and Escrow Holder shall have no liability and/or responsibility in
connection therewith.
8. GENERAL PROVISION ACKNOWLEDGEMENT: By their signature(s) below. Buyer and Seller
acknowledge and agree that the General Provisions are Incorporated hereto and made a part hereof.
tVMT'Initials
Contract Agreement Commerdal Escrow Instructions Printed: 9/21/2018 8:3B AM by CBO
COMMCONTLT(DSI Rev. 03/27/17) Page 2 Escrow No.: 09182630-918-GKD
GENERAL PROVISIONS
1. DEPOSIT OF FUNDS
The law dealing with the disbursement of funds requires that all funds be available for withdrawal as a matter of right by the title entity's
escrow and/or sub escrow account prior to disbursement of any funds. Only wire-transferred funds can be given immediate availability
upon deposit. Cashier's checks, teller's checks and Certified checks may be available one business day after deposit. All other funds
such as personal, corporate or partnership checks and drafts are subject to mandatory holding periods which may cause material
delays in disbursement of funds in this escrow. In order to avoid delays, all fundings should be wire transferred. Outgoing wire transfers
will not be authorized until confirmation of the respective Incoming wire transfer or of availabiiily of deposited checks.
Deposit of funds into general escrow trust account unless instructed otherwise. You may instruct Escrow Holder to deposit your funds
into an interest bearing account by signing and returning the "Escrow Instructions - Interest Bearing Account", which has been provided
to you. If you do not so instruct us, then all funds received in this escrow shall be deposited with other escrow funds in one or more
general escrow trust accounts, which Include both non-Interest bearing demand accounts and other depository accounts of Escrow
Holder, In any slate or national bank or savings and loan association Insured by the Federal Deposit Insurance Corporation (the
"depository Institutions") and may be transferred to any other such escrow trust accounts of Escrow Holder or one of its affiliates, either
within or outside the State of Cattfornia. A general escrow trust account is restricted and protected against claims by third parties and
creditors of Escrow Holder and Its affiliates.
Receipt of benefits by Escrow Holder and affiliates. The parties to this escrow acknowledge that the maintenance of such general
escrow trust accounts with some depository institutions may result In Escrow Holder or Its affiliates being provided with an array of bank
services, accommodations or other benefits by the depository Institution. Some or all of these benefits may be considered interest due
you under California Insurance Code Section 12413.5. Escrow Holder or its affiliates also may elect to enter Into other business
transactions with or obtain loans for investment or other purposes from the depository Institution. All such sen/ices, accommodations,
and other benefits shall accrue to Escrow Holder or its affiliates and Escrow Holder shall have no obligation to account to the parties to
this escrow for the value of such services, accommodations, interest or other benefits.
Said funds will not earn interest unless the instructions otherwise specifically state that funds shall be deposited in an interest-bearing
account. All disbursements shall be made by check of Commonwealth Land Title Company. The principals to this escrow are hereby
notified that the funds deposited herein are insured only to the limit provided by the Federal Deposit Insurance Corporation, Any
Instruction for bank wire will provide reasonable time or notice for Escrow Holder's compliance with such Instruction. Escrow Holder's
sole duty and responsibility shall be to place said wire transfer instructions with its wiring bank upon confirmation of (1) satisfaction of
conditions precedent or (2) document recordation at close of escrow. Escrow Holder will NOT be held responsible for lost interest due
to wire delays caused by any bank or the Federal Reserve System, and recommends that all parties make themselves aware of
banking regulations with regard to placement of wires.
tn the event there is insufficient time to place a wire upon any such confirmation or the wires have closed for the day, the parties agree
to provide written Instructions for an alternative method of disbursement. WITHOUT AN ALTERNATIVE DISBURSEMENT
INSTRUCTION, FUNDS WILL BE HELD IN TRUST IN A NON-INTEREST BEARING ACCOUNT UNTIL THE NEXT OPPORTUNITY
FOR WIRE PLACEf\/lENT,
2. PRORATIONS AND ADJUSTMENTS
All prorations and/or adjustments called for In this escrow are to be made on the basis of a thirty (30) day month unless otherwise
instructed In writing. You are to use Information contained on last available tax statement, rental statement as provided by the Seller,
beneficiary's statement and fire Insurance policy delivered Into escrow for the prorations provided for herein.
3. SUPPLEMENTAL TAXES
The within described property may be subject to supplemental real property taxes due to the change of ownership taking place through
this or a previous escrow transaction. Any supplemental real property taxes arising as a result of the transfer of the property to Buyer
shall be the sole responsibility of Buyer and any supplemental real property taxes arising prior to the closing date shall be the sole
responsibility of the Seller. TAX BILLS OR REFUNDS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY
BETWEEN BUYER AND SELLER.
4. UTILITIES/POSSESSION
Transfer of utilities and possession of the premises are to be settled by the parties directly and outside escrow.
5. PREPARATION AND RECORDATION OF INSTRUMENTS
Escrow Holder is authorized to prepare, obtain, record and deliver the necessary instruments to carry out the terms and conditions of
this escrow and to order the policy of title Insurance to be issued at close of escrow as called for in these instructions. Close of escrow
shall mean the date Instruments are recorded.
6. AUTHORIZATION TO FURNISH COPIES
You are authorized to furnish copies of these instructions, supplements, amendments, notices of cancellation and closing statements,
to the Real Estate Broker(s) and Lenderfs) named In this escrow.
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7. RIGHT OF CANCELLATION
Any principal instructing you to cancel this escrow shall file notice of cancellation in your office in writing. You shall, within two (2)
working days thereafter, deliver, one copy of such notice to each of the other principals at the addresses stated in this escrow. UNLESS
WRITTEN OBJECTION TO CANCELLATION IS FILED IN YOUR OFFICE BY A PRINCIPAL WITHIN TEN (10) DAYS AFTER DATE
OF SUCH DELIVERY, YOU ARE AUTHORIZED TO COMPLY WITH SUCH NOTICE AND DEMAND PAYMENT OF YOUR
CANCELLATION CHARGES. If written objection is filed, you are authorized to hold all money and instruments in this escrow and take
no further action until otherwise directed, either by the principals' mutual written instructions, or by final order of a court of competent
jurisdiction.
8. PERSONAL PROPERTY
No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested.
By signing these General Provisions, the parties to the escrow hereby acknowledge that they are indemnifying the Escrow Holder
against any and ail matters relating to any "Bulk Sales" requirements, and instruct Escrow Agent to proceed with the closing of escrow
without any consideration of matter of any nature whatsoever regarding "Bulk Sales" being handled through escrow.
9. RIGHT OF RESIGNATION
Escrow Holder has the right to resign upon written notice delivered to the principals herein. If such right is exercised, all funds and
documents shall be returned to the party who deposited them and Escrow Holder shall have no liability hereunder.
10. AUTHORIZATION TO EXECUTE ASSIGNMENT OF HAZARD INSURANCE POLICIES
Either Buyer, Seller and/or Lender may hand you the insurance agent's name and Insurance policy information, and you are to execute,
on behalf of the principals hereto, form assignments of Interest in any insurance policy (other than title Insurance) called for in this
escrow, forward assignment and policy to the Insurance agent, requesting that the insurer consent to such transfer and/or attach a loss
payable clause and/or such other endorsements as may be required, and forward such pollcy(s) to the principals entitled thereto. It Is
not your responsibility to verify the information handed you or the assignability of said Insurance. Your sole duly is to forward said
request to insurance agent at close of escrow.
Further, there shall be no responsibility upon the part of Escrow Holder to renew hazard insurance policy(s) upon expiration or
otherwise keep It in force either during or subsequent to the close of escrow. Cancellation of any existing hazard insurance policies is to
be handled directly by the principals, and outside of escrow.
11. ACTION IN INTERPLEADER
The principals hereto expressly agree that you, as Escrow Holder, have the absolute right at your eleclion to file an action in
Interpleader requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized to
deposit with the clerk of the court all documents and funds held in this escrow, in the event such action Is filed, the principals jointly and
severally agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees which you are required to expend
or Incur In such interpleader action, the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon the filing
of such action, you shall thereupon be fully released and discharged from all obligations Imposed by the terms of this escrow or
otherwise.
12. TERMINATION OF AGENCY OBLIGATION
If there Is no action taken on this escrow within six (6) months after the "time limit date" as set forth In the escrow instructions or written
extension thereof, your agency obligation shall terminate at your option and all documents, monies or other Items held by you shall be
returned to the parties depositing same. In the event of cancellation of this escrow, whether it be at the request of any of the principals
or otherwise, the fees and charges due Commonwealth Land Title Company, Including expenditures incurred andtor authorized shall
be borne equally by the parties hereto (unless otherwise agreed to specifically).
13. CONFLICTING INSTRUCTIONS
Upon receipt of any conflicting Instructions, you are to take no action In connection with this escrow until non-confllcllng instructions are
received from all of the principals to this escrow (subject to sections 7, 9,11 and 12 above).
14. delivery/receipt
Delivery to principals as used in these instructions unless otherwise stated herein Is to be by hand in person to the principal, regular
mail, email or fax to any of the contact Information provided in these Instructions. If delivered by regular mall receipt Is determined to be
72 hours after such mailing. Aii documents, balances and statements due to the undersigned may be delivered to the contact
information shown herein. All notices, change of Instructions, communications and documents are to be delivered in writing to the office
of Commonwealth Land Title Company as set forth herein.
15. STATE/FEDERAL CODE NOTIFICATIONS
According to Federal Law, the Seller, when applicable, will be required to complete a sales activity report that will be utilized to generate
a 1099 statement to the Internal Revenue Service.
Pursuant to State Law, prior to the close of escrow. Buyer will provide Escrow Holder with a Preliminary Change of Ownership Report.
In the event said report is not handed to Escrow Holder for submission to the County In which subject property is located, upon
recording of the Grant Deed, Buyers acknowledge that the applicable fee will be assessed by said County and Escrow Holder shall
debit the account of Buyer for same at close of escrow.
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EI000076 (DSI Rev. 05/19/17) Page 2 Escrow No.: 09182630-918-GKD
16. NON-RESIDENT ALIEN
The Foreign Investment In Real Properly Tax Act (FIRPTA), Title 26 U.S.C., Section 1445, and the regulations there under, provide In
part, that a transferee (buyer) of a U.S. real property Interest from a foreign person must withhold a statutory percentage of the amount
realized on the disposition, report the transaction and remit the withholding to the Internal Revenue Service (IRS) within twenty (20)
days after the transfer. Commonwealth Land Title Company will not determine nor aid in the determination of whether the FIRPTA
withholding provisions are applicable to the subject transaction, nor act as a Qualified Substitute under state or federal law, nor furnish
tax advice to any party to the transaction. Commonwealth Land Title Company will not determine nor aid in the determination of
whether the transaction will qualify for an exception or an exemption and Is not responsible for the filing of any tax forms with the IRS as
they relate to FIRPTA, nor responsible for collecting and holding of any documentation from the buyer or seller on the buyer's behalf for
the purpose of supporting a claim of an exception or exemption. Commonwealth Land Title Company is not an agent for the buyer for
the purposes of receiving and analyzing any evidence or documentation that the seller in the subjed transaction is a U.S. citizen or
resident alien. Commonwealth Land Title Company Is not responsible for the payment of this tax and/or penally and/or Interest
incurred in connection therewith and such taxes are not a matter covered by the Owner's Poiioy of Title Insurance to be Issued to the
buyer. Commonwealth Land Title Company Is not responsible for the completion of any IRS documents or related forms related to
the referenced statute. The buyer is advised: they must Independently make a determination of whether the contemplated transaction Is
subject to the withholding requirement; bear full responsibility for compliance with the withholding requirement if applicable and/or for
payment of any tax, interest, penalties and/or other expenses that may be due on the subject transaction; and they are responsible for
the completion of any and all forms, Including but not limited to applicable IRS documentation, and the mailing of those forms. The
Buyer Is advised any forms, documents, or Information received from Commonwealth Land Title Company Is not tax or legal advice
and should not be construed as such nor treated as a complete representation of FIRPTA requirements. Buyer should seek outside
counsel from a qualified individual to determine any and all implications of the referenced statute.
17. ENCUMBRANCES
Escrow Holder is to act upon any statements furnished by a lienholder or his agent without liability or responsibility for the accuracy of
such statements. Any adjustments necessary because of a discrepancy between the information furnished Escrow Holder and any
amount later determined to be correct shall be settled between the parties direct and outside of escrow.
You are authorized, without the need for further approval, to debit my account for any fees and charges that I have agreed to pay in
connection with this escrow, and for any amounts that I am obligated to pay to the holder of any lien or encumbrance to establish the
title as Insured by the policy of title insurance called for in these Instructions. If for any reason my account is not debited for such
amounts at the time of closing, I agree to pay them Immediately upon demand, or to reimburse any other person or entity who has paid
them.
18. ENVIRONMENTAL ISSUES
Commonwealth Land Title Company has made no Investigation concerning said property as to environmental/toxic waste issues.
Any due diligence required or needed to determine environmental impact as to forms of toxiflcatlon, If applicable, will be done directly
and by principals outside of escrow. Commonwealth Land Title Company is released of any responsibility and/or liability in
connection therewith.
19. USURY
Escrow Holder Is not to be concerned with any questions of usury in any loan or encumbrance involved in the processing of this escrow
and is hereby released of any responsibility or liability therefore.
20. DISCLOSURE
Escrow Holder's knowledge of matters affecting the property, provided such facts do not prevent compliance with these instructions,
does not create any liability or duty in addition to these instructions.
21. FACSIMILEfELECTRONIC SIGNATURE
Escrow Holder Is hereby authorized and instructed that, in the event any party utilizes electronic or "facsimile" transmitted signed
documents or instructions to Escrow Holder, you are to rely on the same for all escrow Instruction purposes and the closing of escrow
as if they bore original signatures. "Electronic Signature" means, as applicable, an electronic copy or signature complying with
California Law.
22. CLARIFICATION OF DUTIES
Commonwealth Land Title Company serves ONLY as an Escrow Holder in connection with these instructions and cannot give legal
advice to any party hereto.
Escrow Holder Is not to be held accountable or liable for the sufficiency or correctness as to form, manner of execution, or validity of
any instrument deposited In this escrow, nor as to the identity, authority or rights of any person executing the same. Escrow Holder's
duties hereunder shall be limited to the proper handling of such money and the proper safekeeping of such Instruments, or other
documents received by Escrow Holder, and for the disposition of same in accordance with the written Instructions accepted by Escrow
Holder.
The agency and duties of Escrow Holder commence only upon receipt of copies of these Escrow instructions executed by all parties.
23. FUNDS HELD IN ESCROW
When the company has funds remaining in escrow over 90 days after close of escrow or estimated close of escrow, the Company shall
impose a monthly holding fee of $26.00 that Is to be charged against the funds held by the Company.
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THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF. AND BINDS ALL PARTIES HERETO, THEIR
HEIRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE
CONTEXT SO REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, AND THE SINGULAR NUMBER
INCLUDES THE PLURAL. THESE INSTRUCTIONS AND ANY OTHER AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF
COUNTERPARTS, EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH.
MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS
CONTAINED IN THIS AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT 1 HAVE READ AND UNDERSTAND THESE
GENERAL PROVISIONS.
Commonwealth Land Title Company conducts escrow business under a Certificate of Authority No. 285 issued by the
California Department of Insurance.
The undersigned hereby Instruct and authorize Escrow Holder to disburse proceeds as follows:
BUYER:
City of Palm Springs, a
iniclpal COancKfituni
Name:
\
Its:
fornia charter city
Aa y\
City of Palm Springs, a California
Charter City and Municipal CjiPporation
Currenfilfe)flh^ AydreJI;®^^Xl__^
SELLER;
HenyryGIoriaArroyo, LLC,
a California limited corporalton
By:
Name:
Its;
Forwarding Mailing Address:
Home Phone Number:
Cell Phone Number:
Fax Number;
E-mail Address;
APPROVED AS TO FORM
CITY ATTORN
TTEST:
ity Clerk
APPROVED BY CdYMAMAGER
fk ^n.n.oo
General Provisions Signature Page
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Escrow No.: 09182630-918-GKD