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HomeMy WebLinkAboutA6853 - COMEAU, FREDENBURG, BROWN - RIGHT OF WAY INDIAN CYN DRIVE WIDENING AND BRIDGE REPLACE. Escrow Divis,49 ih LawverAiti f 777 E. Tahquitz Canyon Way Suite 200-31 w" M Palm Springs, CA 92262 Phone: (760) 327-6523 Fax: (866) 350-3317 Escrow Officer: Kimberly Rogers Escrow Officer's e-mail: krogers@ltic.com November 30, 2016 oo City of Pam Springs, a California charter city and municipal corporation 3200 E. Tahquitz Canyon Way i� Attn: City Clerk Palm Springs, CA 92262 A ::;V c� ter" 0O:r Ln rrrj r-C. 3< Escrow Number: PSL10450 - LT140 - KR :10 , Property Address: Vacant Land APN #669-070-003-7 , Palm Springs, CA 922 :K We are pleased to inform you that the transaction as referenced above was closed on Novernbe9, r 2016. The following documentation is being provided to you for your disposition: • Refund check in the amount of $240.00 NOTICE OF DUE DILIGENCE This shall serve as your notification should the enclosed check not be cashed within 90 days from the date of issuance, these funds may be escheated to the State of California • Closing Settlement Statement (Please retain for tax purposes) • Copies of the Executed Contracts • Copies of the Recorded Deeds Than ou for giving us an opportunity to handle this transaction for you. Please do not hesitate to co actor office if you have any questions regarding your escrow file. Should your future needs r quire th'e services of a Title or Escrow Company, we hope you will again choose Lawyers Title &- ) ers, Escrow Officer 327-6523 0-3317 Enclosure(s) PSL10450 As of 11/30/2016 9:2ft AM Page 1 Lawyers Title Company 1 LEA ersTitle 1777 E.CA 22g2hquitr Canyon Way Suite 200-31 Palm Springs II II II I II I II III I II II Phone: (7 0) 327 6823 PSL10450-KR Escrow Officer: Kimberly Rogers _...___ __---- _ -_-- ----------- ---- Buyer's / Borrower's Settlement Statement - Final Property:Vacant Land APN#669-070-003-7 , Palm Springs, CA 922 Closed Date: 11/29/2016 Loan Number: Disbursement Date: 11/29/2016 Buyer: City of Pam Springs, a California charter city and municipal corporation Escrow Number: PSL10450-KR Debits Credits Purchase Price Purchase Price $21,184.00 Deposits Deposit by Buyer $31,275.00 Prorations Rental Price for Temporary Easement $8,416.00 Escrow Fees Escrow Fees $630.00 Title Charges Owner's Coverage CLTA for Acquisition to Lawyers Title Cc $396.00 Owner's Coverage CLTA for Temp Easement to Lawyers Title Cc $396.00 Recording Fees/Transfer Taxes Recording Fees Recording Service Fee $13.00 Proceeds or Balance Due Borrower Refund $240.00 Balance Due $0.00 Totals: $31,275.00 $31,275.00 Save this Statement for Income Tax purposes. DOC# 2016-0630399 11/29/2016 04:57 PM Fees: $0.00 Page 1 of 11 LawyersTitie Recorded in Official Records County of Riverside Peter Aldana Assessor-County Clerk-Recorder RECORDING REQUESTED BY City of Palm Springs "This document was electronically submitted WHEN RECORDED RETURN TO: to the County of Riverside for recording•' Receipled by:MARY#880 City Clerk City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording fees under Government Code§6103 SLOPE EASEMENT n APN#669-070-003 Ab%I�b For a valuable consideration, receipt of which is hereby acknowledged, Mary Sheila Comeau, Anita Comeau and Michele Comeau, as Trustees of the J. Laurent Leger Comeau and Mary Sheila Comeau Revocable Livina Trust dated March 13, 1990— Survivor's Trust, as to an undivided 1/3 interest: Mark E. Fredenburg and Elizabeth J. Fredenburg, Trustees of the Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 1/3 interest; and Heather Jacques Brown and Stephen G. Brown . Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Livina Trust dated January 10, 1995, as to an undivided 1/3 interest, (hereinafter "Grantor"), hereby GRANTS to the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter "Grantee'), a non-exclusive slope easement for grading (cutting into and filling over existing ground) and appurtenant uses, together with the right to construct, maintain, repair, and use the slope constructed for the benefit of Grantee, in, on, under, over and across the real property in the City of Palm Springs, Riverside County, California, more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by this reference. GRANTOR: Mary Sheila Comeau, Anita Comeau and Michele Comeau, as Trustees of the J. Laurent Leger Comeau and Mary Sheila Comeau Revocable Living Trust dated March 13, 1990—Survivor's Trust, as to an undivided 1/3 interest; Mark E. Fredenburg and Elizabeth J. Fredenburg, Trustees of the Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 113 interest; and Heather Jacques DOC#2016-0530399 Page 2 of 11 Brown and Stephen G. Brown , Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to an undivided 1/3 interest Dated: June 17, 2016 By: � 7ry Mary Cr , Trustee B AmjC�omeau, T st By: I . ` Michele Comeau, Trustee By: C Mark . Frede,Pburg, Trustee Elizab,/ J. FredeMurg, Trustee By: s�tar —� e�u�ciei Heather Jacqu& Broiffn, Trustee By: r�ox.J� +.i� Stephen G. Brown, Trustee DOC#2016-0530399 Page 3 of 11 ALL-PURPOSE 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,accuracyor validity of that document. Stateof �LU1�DrYbIC� Count`ycf On yg, ,Q1r�lsc�before me,\�r1 �y�_�'La yS�i_L, Date Name, the of Ofti r personally appeared Mll� 9�(_IC41a-OtMICAAA 014 C1 An1_kr&=C. Xr2Zy r l 1 NAME(S)OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the persol1ohose nam ls/�re)subscribed to the within instrument and acknowledged to me that he/she/VQ exe the same in his/heraPauffibrized capacity(0) and that by his/her1I�e' signaturetp on the instrument the pers ), or the entity upon behalf of which the person® acted,executed the-Instrument. I certify under PENALTY OF PERJURY under the laws of the State IdentlFled herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. VANESSAM. COTHRAN� �//� V COMM.#2149408 SACRAMENTO IL1 0 Q Signature of Nota CALJFORNIA COMM.EXPIRES APRIL 17,2020� ATTENTION NOTARY: Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages_DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above DOC#2016-0530399 Page 4 of 11 ALL-PURPOSE 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 /r! (r� document. State of I(F�t'@IYII(r'.- Countyof-!1V IrS)&' On &JI111 LO before me, 4ay6f, V D to Name,Tile ofOfficerj personally appeared MI Clue t �95W1tal,,1 , NAME(S)OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(4 whose ame(y)�id/are�ubscribed to the within instrumentp(�d acknowledged to me that-W h Ithey executed the same in+>�hr !their authorized capaciViea) and that by.hlsft�helesignatures(a)on the instrument the person(, or the entity upon behalf of which the personK acted,executed the instrument. I certify under PENALTY OF PERJURY under the law f h ta,e d t" e I t the foregoing paragraph is true and correct. � JAMIE OWFORMICO � U COMM.#2146290 Witness my hand and official seal. NOTARY PUBLIC-CAUFORNIAO SACRAMENTOCOuNTY 0 C EXPIRES MARCH 15,2020 G Sign t e of Notary ATTENTION NOTARY: Although the Information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages_DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above 1078843.1 DOC#2016-0530399 Page 5 of 11 ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this cerfifcate is attached,and not the truthfulness,accuracy or validity of that document State off► 1 Cb! County of 5RA-C1C_C% On ALA&2g �, aOtl D before me,\1 oYtt .=0 VV��(}�/1y i'�.N1 ialy C�.�1ol tC Date Name,Title of OM er personally appeared nYV � d�.yL1�tA�at I /� . 1�t•i�P� wul J _ NAME(S)OF SIGNER( who proved to me on the basis of satisfactory evidence to be the person(dRxhose nametUlsjgr Aubscribed to the within instrument and acknowledged me that he/sh�i executed the same in hls/herA i2 thorized capacity'! and that by hislher a gnatures( n the instrument the persor�r the entity upon behalf of which the person acted,executed the ment. I certify under PENALTY OF PERJURY under the laws of the State Identified herein, that the foregoing paragraph is true and correct. VANESSAM.COTHRAN� Witness my hand and official seal 0 NOTARY COMM.PUBLIC 27cau0oawAO • SACRAMENTO COUNTY 0 COMM.EXPIRES APRIL 11,20201 Signature of'Notty ATTENTION NOTARY: Although the Information requested below Is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages_DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above DOC#2016-0530399 Page 6 of 11 ALL-PURPOSE 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. State of oal 161. j fti County off -fin On-�1 ' :9 before me, V Q 4 P,(���(��n YLI aU c�J�IG Dater Name,TI a of Office personally appeared /It-VI�PJ/ q/'LLSiD1;�1yRr a'71 0 NAME(S)OF SIGNER(S) !!��''ll ` who proved to me on the basis of satisfactory evidenn� be the person&hose narm s1®r.lubscdbed to the within Instrument and acknowlecig to me that he/she I oexecu a same In his/he aut�jTjo02 capacl es and that by his/her/their elf natur s on the instrument the parsecss or the entity upon behalf of which the pe� acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Slate Identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. VANESSA M-COTHRAN� - COMM,M 2149408 a • NOTARY PUBLIC-CAl1FORN IA L) SACRAMENTOCOUNTV n ),Lr D ( i COMM.E%PIRES APRIL 17,20211'` Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL,ft could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT, Slgner(s)Other Than Named Above DOC#2016-0530399 Page 7 of 11 PENALTY OF PERJURY FOR NOTARY SEAL (GOVERNMENT CODE 27361.7) I certify under penalty of perjury that the Notary Seal on the document to which this statement is attached reads as follows: NAME OF NOTARY: Vanessa M. Cothran DATE COMMISSION EXPIRES: April 17, 2020 COUNTY WHERE BOND IS FILED(if applicable): Sacramento STATE WHERE BOND IS FILED: CA COMMISSION NUMBER(if applicable): 2149408 MANUFACTURERNFNDERNO:MGCI PLACE OF EXECUTION: Riverside, California (CITY&STATE) DATE: November 29, 2016 SIGNATURE: PRINT NAME: P. Jones DOC#2016-0530399 Page 8 of 11 PENALTY OF PERJURY FOR NOTARY SEAL (GOVERNMENT CODE 27361.7) I certify under penalty of perjury that the Notary Seal on the document to which this statement is attached reads as follows: NAME OF NOTARY: Jamie Formico DATE COMMISSION EXPIRES: March 15, 2020 COUNTY WHERE BOND IS FILED(if applicable): Sacramento STATE WHERE BOND IS FILED: CA COMMISSION NUMBER(if applicable): 2145290 MANUFACTURERNENDER NO:MGCI PLACE OF EXECUTION: Riverside, California (CITY&STATE) DATE: November 2�9, 20116 SIGNATURE: y PRINT NAME: P. Jones DOC#2016-0530399 Page 9 of 11 EXHIBIT "A" SLOPE EASEMENT APN 669-070-003 THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE NORTH 00019'08" EAST 256.61 FEET TO AN ANGLE POINT IN THE NORTHEASTERLY LINE OF AN OVERHEAD CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL RECORDS; THENCE LEAVING SAID CENTER LINE ALONG SAID NORTHEASTERLY LINE NORTH 50053'07" WEST 96.23 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 75.00 FEET WESTERLY OF THE EASTERLY LINE OF SAID NORTHEAST QUARTER OF SECTION 22, SAID EASTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHEASTERLY LINE ALONG SAID PARALLEL LINE NORTH 00°19'08"EAST 556.98 FEET; 2. THENCE LEAVING SAID PARALLEL LINE SOUTH 5"13'38" WEST 522.93 FEET TO THE NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 400 FEET WIDE, GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, BY ACT OF CONGRESS,APPROVED ON MARCH 3, 1875; 3. THENCE ALONG SAID NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 400 FEET WIDE SOUTH 50953'07" EAST 57.41 FEET TO THE TRUE POINT OF BEGINNING. AREA= 12,461 SQUARE FEET, MORE OR LESS SEE EXHIBIT'B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES. SIGNATURE M`&'y"�` ,4 br,v `1 2-5-2016 �o LAND s `� MICHAEL A. HAVENER DATE ~qp PLS 7354 * No. 7354 �F G oN% Page 1 of 1 DOC#2016-0530399 Page 10 of 11 EXHIBIT " B " MULTIPLY DISTANCE BY 1.00002570 TO OBTAIN GROUND DISTANCES LEGEN� SLOPE EASEMENT (SLOPE) AREA = 12,461 SQ. FT., MORE OR LESS P.O.C. P01NT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING E1 OVERHEAD CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE LLj REC. 10/22/1952 IN BK. 1409, PG, yU 566 O.R. AND BK. 1409, PG. 575 O.R. < h APN 669-070-003 NON-PLOTTABLE EASEMENTS r �T \I I < c RIGHT-OF-WAY FOR DITCHES OR CANALS LLl i ` z CONSTRUCTED BY THE AUTHORITY OF THE UNITED Z STATES AND RESERVING UNTO THE UNITED STATES, IT'S PERMITTEES OR LICENSEES, THE RIGHT TO cc alz •. m >_ OCCUPY AND USE ANY PART OF SECTION 22 LYING Ems • WITHIN FIFTY FEET OF THE CENTER LINE OF THE 0 !k • " TRANSMISSION LINE RIGHT-OF-WAY OF THE CL, COACHELLA VALLEY ICE AND ELECTRIC COMPANY }-' 7. 75' 75' REC. 11/23/1921 IN BK. 8, PG. 2D4 OF PATENTS. A POLE UNE EASEMENT IN FAVOR OF THE , Z SOUTHERN CALIFORNIA TELEPHONE CO. REC. 7/10/1933 a+ IN BK. 131, PG. 119 O.R. OWNERS THE J. LAURENT LEGER COMEAU AND MARY SHEILA Ca U COMEAU REVOCABLE LIVING TRUST DATED 3/13/1990 - SURVIVOR'S TRUST. THE FREDENBURG REVOCABLE � Cfa LIVING TRUST DATED 9/30/1993. AND THE HEATHER CO LE� $ Q JACQUES BROWN AND STEPHEN G. BROWN REVOCABLE LIVING TRUST DATED 1/10/1995. (1 Z ?SRO LAND S6 SSG OPE No. 7354 4 �O A9 /4k� J• d � r '� DF CALVE C' Ste'',. s P.O.C. IN OF THE CENTER LINE INDIAN AN CANYON DR. (INDIAN 0 50 100 200 AND SOUTHERN PACIFIC RAILROAD AS SHOWN ON ROS 18/2 PALM SPRINGS SHEET 1 OF 1 SHEETS ALE REVISED BY: DATE: CITY OF PALM SPRINGS 1' c 10Q' DRAWN BY: KA DATE:5-20-15 DOC. NO, INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:2-5-16 APN 669-070-003 APPROVED BY: DATE: SEE OWNERS ABOVE Dwc. No. DOC#2016-0530399 Page 11 of 11 OipALM Sp4 ,N City of Palm Springs ' Office of the City Clerk c�°••o,..no'°'`p� 3200 E.Tahquitz Canyon Way• Palm Springs,California 92262 4�/FO&N Tel:760.323.8204•Fax:760.322.8332•Too 760.864.9527•www.paimsoringsca.gov CERTIFICATE OF ACCEPTANCE Ab�r THIS IS TO CERTIFY that the interest in real property conveyed by 7 SLOPE EASEMENT Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit"A" APN: 669-070-003 dated: June 17, 2016 from, Mary Sheila Comeau, Anita Comeau and Michele Comeau, as Trustees of the J. Laurent Leger Comeau and Mary Sheila Comeau Revocable Living Trust dated March 13, 1990—Survivor's Trust, as to an undivided 1/3 interest; Mark E. Fredenburg and Elizabeth J. Fredenburg, Trustees of the Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 1/3 interest; and Heather Jacques Brown and Stephen G. Brown, Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to an undivided 1/3 interest Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 14th day of July, 2016, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 14th day of July, 2016. MESTHOMPSON CIty Clerk Non-Foreign Certification - Transferee and Transferor This form is provided so that the buyer and/or seller in this transaction can certify compliance with the Foreign Investment in Real Property Tax Act to the escrow agent and/or buyer. Transferee/Buyer must retain a copy of this document until after the fifth taxable year following the transfer. I. Transaction on Personal Residence not exceeding $300,000.00. I/We hereby certify that: (a) the amount realized for the property in this transaction does not exceed $300,000.00; and (b) buyer(s) is/are acquiring said property for use as a residence. Nth Buyer Buyer II Certification of Non-Foreign Status by Individual Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. Real Property interest must withhold tax if the transferor (seller) is a foreign person. To inform the transferee (buyer) and escrow agent that withholding of tax is not required upon my disposition of a U.S. Real Property Interest, I, the undersigned Seller(s), hereby certify the following: 1. I am not a non-resident alien for the purposes of U.S. Income Taxation, 2. My U.S. taxpa er id( nttifying number (Social Security Number) is: And 3. My home address is: I understand that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement I have made herein could be punished by fine, imprisonment, or both. Under penalty of perjury I declare that I have examined this certification and to the best of my knowledge Jand belief it is true, correct and complete. /��J Date: f —ff ------ .. v Selle,j)� z ' Seller FIRPTA-1007-A Page 1 of 2 Rev. 10/31/03 Seller, Buyer and Escrow Agent to maintain a copy for five (5) years. Non-Foreign Certification - Transferee and Transferor III. Certification of Non-Foreign Status by Entity Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest, the undersigned hereby certifies the following on behalf of the transferor/seller: 1. is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. is not a disregarded entity as defined in §1.1445-2(b)(2)(iii)? 3. U.S. Employer, Tax ID (Social Security Number) identification number is ; and 4. The office (or personal) address is The transferor/seller understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of seller. By: Title: Date: APPROVED BY CITY G^Uu,,-,, IV. Certification by Buyer 6.\% -w n txAl I have examined this certification and to the best of my knowledge and belief it is true, correct and complete. Date: 1111[ Buyer L� C s Buyer FIRPTA-1007-A PagN2 of 2 Rev. 10/31/03 Seller, Buyer and Escrow Agent to maintain a copy for five (5) years. Non-Foreign Certification - Transferee and Transferor This form is provided so that the buyer and/or seller in this transaction can certify compliance with the Foreign Investment in Real Property Tax Act to the escrow agent and/or buyer. Transferee/Buyer must retain a copy of this document until after the fifth taxable year following the transfer. I. Transaction on Personal Residence not exceeding $300,000.00. APPROVED By CITY COUNCIL I/We hereby certify that: x e a�`�.� (a) the amount realized for the property in this transaction does note $300,000.00; and (b) buyer(s) is/are acquiring said property for use as a residence. N C� �- Buyer Buyer_, II Certification of Non-Foreign Status by Indiy 1 0, rT--/ L—� Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. Real Property interest must withhold tax if the transferor (seller) is a foreign person. To inform the transferee (buyer) and escrow agent that withholding of tax is not required upon my disposition of a U.S. Real Property Interest, I, the undersigned Seller(s), hereby certify the following: 1. I am not a non-resident alien for the purposes of U.S. Income Taxation, 2. My U.S. taxpayer identifying number (Social Security Number) is: 930 And 3. My home address is: 1 367 -saH P 447 -Dr- Sccn Mcteco.r (� �rTCYnfC lZ0l� I understand that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement I have made herein could be punished by fine, imprisonment, or both. Under penalty of perjury I declare that I have examined this certification and to the best of my knowledge andbelief it is true, correct and complete. Date: rt ct1 a y 2U!6 E 9r�2e<�el'^ z"`S ' Seller Se11e,E)— FIRPTA-1007-A Page 1 of 2 Rev, 10/31/03 Seller, Buyer and Escrow Agent to maintain a copy for five (5) years. Non-Foreign Certification — Transferee and Transferor III. Certification of Non-Foreign Status by Entity Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest, the undersigned hereby certifies the following on behalf of the transferor/seller: 1. is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. is not a disregarded entity as defined in §1.1445-2(b)(2)(iii)? 3. U.S. Employer, Tax ID (Social Security Number) identification number is and 4. The office (or personal) address is . The transferor/seller understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of seller. By: Title: Date: APPROVED BY CITY COUNCIL �•1�•1b ao R �W, IV. Certification by Buyer I have examined this certification and to the best of my knowledge and belief it is true, correct and complete. Date: r. PIp� �1�� C /*1 Yaintain YJR1 [ Pag� JFI ' L' L-�%—�-� Rev. 10/31/03 Seller, Buyer and Escrow Agent toy for five (5) years. Non-Foreign Certification -- Transferee and Transferor This form is provided so that the buyer and/or seller in this transaction can certify compliance with the Foreign Investment in Real Property Tax Act to the escrow agent and/or buyer. Transferee/Buyer must retain a copy of this document until after the fifth taxable year following the transfer. I. Transaction on Personal Residence not exceeding $300,000.00. I/We hereby certify that: (a) the amount realized for the property in this transaction does not exceed $300,000.00; and (b) buyer(s) is/are acquiring said property for use as a residence. 0* Buyer Buyer II Certification of Non-Foreign Status by Individual Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. Real Property interest must withhold tax if the transferor (seller) is a foreign person. To inform the transferee (buyer) and escrow agent that withholding of tax is not required upon my disposition of a U.S. Real Property Interest, I, the undersigned Seller(s), hereby certify the following: 1. I am not a non-resident alien for the purposes of U.S. Income Taxation, 2. My U.S. taxpayer identifying number (Social Security Number) is: —6— .SSA -sCo_/ D 61 ; And 3. My home address is: I C f ( e 4 G4 9(r, CC I understand that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement I have made herein could be punished by fine, imprisonment, or both. Under penalty of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete. / Date: g .L� —�� � ,i� �,�� /,?2 `✓!N^! Seller Selle FIRPTA-1007-A Page 1 of 2 Rev. 10/31/03 Seller, Buyer and Escrow Agent to maintain a copy for five (5) years. Non-Foreign Certification - Transferee and Transferor III. Certification of Non-Foreign Status by Entity Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest, the undersigned hereby certifies the following on behalf of the transferor/seller: 1. is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. is not a disregarded entity as defined in §1.1445-2(b)(2)(iii)? 3. U.S. Employer, Tax ID (Social Security Number) identification number is ; and 4. The office (or personal) address is The transferor/seller understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of seller. By: Title: Date: ,-PROVED BY CITY COUNCIL IV. Certification by Buyer •)A-vo 'n Abby, I have examined this certification and to the best of my knowledge and belief it is true, correct and complete. Date: ■�P/ Buyer Buyer _ WW1I C'(4 M'—TnzIaiT —7 IF RPTA-1 - age 2 of 2 Rev. Lo/31/03 Seller, Buyer and Escrow Agent to maintain a copy for five (5) years. EXHIBIT D DO NOT RECORD. TRANSFEREE (BUYER) DO NOT SEND MUST RETAIN FOR TO IRS. SIX YEARS AFTER THE TRANSACTION. CERTIFICATION OF NON-FOREIGN STATUS BY TRANSFEROR 1. Section 1445 of the Internal Revenue Code provides that a transferee (Buyer) of a U. S. real property interest must withhold tax if the transferor (Seller) is a foreign person. 2. In order to inform each transferee that withholding of tax is not required upon disposition of a U. S. real property interest by _^ (hereinafter referred to as "the Transferor"), the undersigned hereby certifies, and declares by means of this certification, the following on behalf of the Transferor: A. The one item marked below is true and correct: (1) The Transferor is not a foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as these terms are defined in the Internal Revenue Code and Income Tax Regulations). (II) The Transferor is a corporation incorporated under the laws of a foreign jurisdiction but has elected to be treated as a U. S. corporation under Section 897(i) of the Internal Revenue Code, AND HAS ATTACHED TO THIS CERTIFICATE A TRUE AND GENUINE COPY OF THE ACKNOWLEDGMENT OF SUCH ELECTION ISSUED BY THE IRS. B. The Transferor's social security number is �� C The Transferor's address is �U nn �T c ts, C A q'c1'�ci� 3. The Transferor understands that this certificate may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained in this certification may be punished by fine or imprisonment (or both). 4. The Transferor understands that each transferee is relying on this certificate in determining whether withhoiding is required and each transferee may face liabilities if any statement in this certificate is false. 11164'9.1 5. The Transferor hereby indemnifies each transferee, and agrees to defend and hold each transferee harmless, from any liability, cost, damage, or expense which such transferee may incur as a result of: A. the Transferor's failure to pay any U. S. Federal income tax which the Transferor is required to pay under applicable U. S. law, or B. any false or misleading statement contained herein. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete; I further declare that I have authoritty�to sign this document on behalf of the Transferor. EXECUTED in K',JPA,{ a _ County, State of (2 p10bk'6)m on q /_3 / Transferor: , Tale 1116419.1 EXHIBIT D DO NOT RECORD. TRANSFEREE (BUYER) DO NOT SEND MUST RETAIN FOR TO IRS. SIX YEARS AFTER THE TRANSACTION. CERTIFICATION OF NON-FOREIGN STATUS BY TRANSFEROR 1. Section 1445 of the Internal Revenue Code provides that a transferee (Buyer) of a U. S. real property interest must withhold tax if the transferor (Seller) is a foreign person. 2. In order to inform each transferee that withholding of tax is not required upon disposition of a U. S. real property interest by _ (hereinafter referred to as "the Transferor"), the undersigned hereby certifies, and declares by means of this certification, the following on behalf of the Transferor: A. The one item marked below is true and correct: (1) The Transferor is not a foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as these terms are defined in the Internal Revenue Code and Income Tax Regulations). (II) The Transferor is a corporation incorporated under the laws of a foreign jurisdiction but has elected to be treated as a U. S. corporation under Section 897(i) of the Internal Revenue Code, AND HAS ATTACHED TO THIS CERTIFICATE A TRUE AND GENUINE COPY OF THE ACKNOWLEDGMENT OF SUCH ELECTION ISSUED BY THE IRS. 55a 641 q-2 30 B. The Transferor's social security number is S"S e y / 7a C. The Transferor's address is 1307 Son Pkbfa PC, San Cos C. I fo0•N ,4 9'.zC77S 3. The Transferor understands that this certificate may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained in this certification may be punished by fine or imprisonment (or both). i 4. The Transferor understands that each transferee is relying on this certificate in determining whether withholding is required and each transferee may face liabilities if any statement in this certificate is false. 1 1164!9A 5. The Transferor hereby indemnifies each transferee, and agrees to defend and hold each transferee harmless, from any liability, cost, damage, or expense which such transferee may incur as a result of: A. the Transferor's failure to pay any U. S. Federal income tax which the Transferor is required to pay under applicable U. S. law, or B. any false or misleading statement contained herein. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete; I further declare that I have authority to sign this document on behalf of the Transferor. EXECUTED in Sa i, -] i o D County, State of Corn i ct on An�;c.—Jt aY �of6 Transferor:-;��ez t �C By. Title: 1116419.E EXHIBIT D DO NOT RECORD. TRANSFEREE (BUYER) DO NOT SEND MUST RETAIN FOR TO IRS. SIX YEARS AFTER THE TRANSACTION. CERTIFICATION OF NON-FOREIGN STATUS BY TRANSFEROR 1. Section 1445 of the Internal Revenue Code provides that a transferee (Buyer) of a U. S. real property interest must withhold tax if the transferor (Seller) is a foreign person. 2. In order to inform each transferee that withholding of tax is not required upon disposition of a U. S. real property interest by (hereinafter referred to as "the Transferor"), the undersigned hereby certifies, and declares by means of this certification, the following on behalf of the Transferor: A. The one item marked below is true and correct: x (1) The Transferor is not a foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as these terms are defined in the Internal Revenue Code and Income Tax Regulations). (11) The Transferor is a corporation incorporated under the laws of a foreign jurisdiction but has elected to be treated as a U. S. corporation under Section 897(i) of the Internal Revenue Code, AND HAS ATTACHED TO THIS CERTIFICATE A TRUE AND GENUINE COPY OF THE ACKNOWLEDGMENT OF SUCH ELECTION ISSUED BY THE IRS. SSto —s� — 10 r.1 B. The Transferor's social security number is C. The Transferor's address is /GODo 7—ion{Mine [NA.. kp ,?A.4 in efA /(nnl 3. The Transferor understands that this certificate may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained in this certification may be punished by fine or imprisonment (or both). 4. The Transferor understands that each transferee is relying on this certificate in determining whether withholding is required and each transferee may face liabilities if any statement in this certificate is false. II164:9J I 5. The Transferor hereby indemnifies each transferee, and agrees to defend and hold each transferee harmless, from any liability, cost, damage, or expense which such transferee may incur as a result of: A. the Transferor's failure to pay any U. S. Federal income tax which the Transferor is required to pay under applicable U. S. law, or B. any false or misleading statement contained herein. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete; I further declare that I have authority to sign thils document on behalf of the Transferors. EXECUTED in ShC15*Q County, State of CCtoc(\ �a on �� Transferor: By: Title: n iaate.! Escrow Division i j' L a erSTitle, 777 E. Tahquitz Canyon Way Suite 200-31 • - - -� — Palm Springs, CA 92262 Phone: (760) 327-6523 Fax: (866) 350-3317 Escrow Officer: Kimberly Rogers Escrow Officer's e-mail: krogers@ltic.com September 22, 2016 City of Pam Springs Attn: Tabitha Richards, on behalf of Marcus Fuller 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Escrow No.: PSL10450 - LT140 - KR Property: Vacant Land APN #669-070-003-7 , Palm Springs CA, 922 To assist us in the processing of your escrow transaction, please examine the following items as indicated. Please carefully read any documents before signing. PLEASE SIGN AND RETURN - Original is required back in escrow: • Escrow Instructions • Preliminary Title Report Approval • Estimated Closing Statement • Refund Instructions • Preliminary Change of Ownership ADDITIONAL ITEMS ENCLOSED FOR YOUR RECORDS: • Preliminary Report • Non-Foreign Certification executed by all sellers • Exhibit"D" executed by all sellers PLEASE FURNISH THIS OFFICE WITH: • Signing Authority for the following: o David H. Ready o James Thompson o Douglas C. Holland, Esq. Please send the full amount of the closing funds back your escrow documents. \ Call Escrow when the funds and the dots are ready and we will have them picked up Should you need further information, please feel free to contact the undersigned directly. incerely, K erly Rogers Es' w Officer Ph e: (760) 327-6523 (866) 350-3317 ail: krogers@ltic.com Enclosures i� Lawyers Title Escrow Division 777 E. Tahquitz Canyon Way Suite 200-31 Palm Springs, CA 92262 Phone: (760) 327-6523 Fax: (866) 350-3317 Escrow Officer: Kimberly Rogers Escrow Officer's e-mail: krogers@ltic.com THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS — READ IT CAREFULLY! ACCEPTANCE ESCROW INSTRUCTIONS Date: August 4, 2016 Escrow No.: PSLI0450-LT140-KR THE ESCROW HOLDER IS Lawyers Title Company, WHICH IS LICENSED BY THE CALIFORNIA DEPARTMENT OF INSURANCE Lawyers Title Company is in receipt of that certain Right-Of-Way Agreement of Real Property Interest and Escrow Instructions, (hereinafter referred to as Agreement), dated July 14, 2016 and Temporary Construction Easement Agreement, (hereinafter referred to as Temporary Agreement), dated July 14, 2016 by and Between Mary Sheila Comeau, Anita Comeau and Michele Comeau, as Trustees of the J. Laurent Leger Comeau and Mary Sheila Comeau Revocable Living Trust dated March 13, 1990— Survivor's Trust, as to an undivided 113 interest; Mark E. Fredenburg and Elizabeth J. Fredenburg,Trustess of the Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 113 interest; and Heather Jacques Brown and Stephen G. Brown, Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to an undivided 113 interest (hereinafter referred as seller(s)), and CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as buyer(s)), and hereby agrees to: A. Accept the hereinabove referenced Agreement and Temporary Agreement under our escrow no PSL10450 be escrow holder under said instructions; and B. Be bound by said instructions in the performance of its duties as escrow holder; provided, however, the undersigned shall have no obligations, liability or responsibility under any amendment to said instructions unless and until the same be accepted by the undersigned in writing; and C. THIS ACCEPTANCE OF ANY AGENCY AS ESCROW HOLDER IS FURTHER CONDITIONED ON THE FOLLOWING: 1. Escrow holder's General Provisions and Addendum(s) to Escrow Instructions - Handling of Funds, are incorporated herein by this reference; 2. Escrow holder reserves the right to require mutual instructions in the event this escrow is terminated, and upon any such termination title and/or escrow charges for services rendered may be due; 3. Escrow holder reserves the right to require mutual disbursement instructions in the event such disbursement is to be made pursuant to termination of escrow or liquidated damage provision contained in said Agreement and Temporary Agreement; 4. Escrow holder reserves the right to require the parties to deliver written approval, satisfaction or waiver of all conditions precedent to (A) any release of funds and/or (6) close of this escrow; 5. Any provision for release (payment) of funds prior to the close of escrow is made with knowledge of the condition(s) of escrow and title to the property that is the subject of this escrow. The escrow holder shall have no responsibility or liability except PLEASE INITIAL ® BUYER(S): _�-y- SELLER(S =j�� I P�� ( T Escrow Division Lawyers Ti11�e_ 777 E. Tahquitz Canyon Way Suite 200-31 % Palm Springs, CA 92262 Phone: (760) 327-6523 Fax: (666) 350-3317 Escrow Officer: Kimberly Rogers Escrow Officer's e-mail: krogers@ltic.com compliance with any such release (payment) instructions and any payment so made is without recourse upon Lawyers Title Company. 6. All parties understand that Lawyers Title Company may not be able to provide underwriting approval with regard to issuance of policy(ies) of title insurance requested within a reasonable period of time to review all requirements and documentation supporting same, MINIMUM OF THREE (3) BUSINESS DAYS. Copies of draft documentation will be accepted to commence underwriting approval process; 7. For purposes of clarification only: a. The Withholding Exemption Certificate Form 593 as contemplated by California Revenue and taxation Code 18662 (the "Withholding Affidavit") does not apply to the property. The Sellers are exempt as the purchase price is under $100,000,00. This form will not be completed thru escrow. b. Escrow holder shall NOT be concerned with the following items of the Agreement: 2.3.1, (d), 5 and the following items of the Temporary Agreement: 4, 5 D. All Parties hereto acknowledge that the buyer is a 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. During either installment period, the Seller must pay the full installment amount. 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 125% 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 the County Tax Collector and return any difference to the Seller. In the event the amount withheld is not sufficient to pay Seller's taxes due, the seller herein agrees to immediately deposit into escrow the difference. Any adjustments and/or prorated amounts will be calculated and refunded to the Seller from the County of Riverside Tax Assessors Office and Escrow Holder shall have no liability and/or responsibility in connection therewith. We appreciate this opportunity to serve you. Please notify us immediately in the event there are changes in terms, documentation or time periods set forth. Sincerely, /s/Kimberly Rogers Kimberly Rogers Escrow Officer C 9 PLEASE INITIAL ID BUYER(S): _ _ SELLER(S)� page 2 { Escrow Division J i I Lawy rS Tltle 777 E. Tahquitz Canyon Way Suite 200-31 Palm Springs, CA 92262 Phone: (760) 327-6523 Fax: (866) 350-3317 Escrow Officer: Kimberly Rogers Escrow Officer's e-mail: krogers@ltic.com THE DUTIES AND RESPONSIBILITIES OF THE ESCROW HOLDER HEREUNDER COMMENCE ONLY UPON RECEIPT OF COPIES OF THIS LETTER SIGNED BY ALL PARTIES. The undersigned do(es) hereby acknowledge receipt, and agreement with the conditions of acceptance of the escrow agency as set forth above. BUYERS SELLERS City of Pam Springs, a California charter city and The J. Laurent Leger Comeau and Mary Sheila i al corporation Comeau Revocable Living Trust dated March 13, 1990 - Survivor's Trust, as to undivided 1/3 By interest /y David H. Ready City Manager / � By: M Sila Comeau, Trustee Wes Thompso om— ty Cle k By—Anita Comeaau,Tr —tee By: .n�a%A� YJtn �ctt� / I Ic u Dougl s I d, Esq. By: Michele Comeau, Trustee City Attorne The Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 1/3 APPROVED BY CITY COUNCIL interest '1U-w 0 D ,1n %V b B�Mk E®® denburg,,TrusQ�t e� By: Ali beth JAFfeclenburg, Trustee The Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to an undivided 1/3 in Brest By: Heather Jac es Br n, Trustee By: Stephen G. Brown, Trustee PLEASE INITIAL ID BUYER(S): SELLER(S)", ' a. lri/ i . — I - - Escrow No.: PSLI0450 - LT140 - KR LAWYERS TITLE COMPANY GENERAL PROVISIONS Please read this important information (NeW.ed M.rh,2016) 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 cash or 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 transfer. Outgoing wire transfers will not be authorized until confirmation of the respective incoming wire transfer or of availability of deposited checks. Parties are aware and understand the California Insurance Code Section 12413.1 (also known as"Good Funds"). Deposit of funds into aeneral 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 "Notice of Opportunity to Open 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 state 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 California. 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 services, 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 Lawyers 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. In 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 PLACEMENT. 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. GENERAL/SPECIAL PROPERTY TAXES, SUPPLEMENTAL TAX BILLS, BONDS AND ASSESSMENTS General/Special Property Taxes: Escrow holder shall prorate general and special taxes for the current fiscal year, based on the most recent and available tax bill from the County Assessor's for this subject property. Supplemental Taxes: Buyer is advised the County Tax Assessor will revalue property which changes ownership or contains new construction, and this revaluation may result in a supplemental assessment. The supplemental taxes will be assessed from the date of the change in ownership or completion of construction. In addition, a lien of supplemental taxes for the current fiscal year, if any, assessed pursuant to Chapter 3.5 (commencing with Section 75) of the California Revenue and Taxation Code will be prorated at the close of escrow. Bonds and Assessments: All existing unpaid bonds and assessments levied or assessed prior to the date of the close of escrow shall be prorated, based upon the latest available public. information. Any assessments made by the Tax Assessor prior to closing but not part of the public records and not disclosed by the Seller in writing to escrow holder, including but not limited to: weed abatement and code violations, shall not be the responsibility of escrow holder and will not be included in any prorations at closing. The parties agree to make any adjustments outside of escrow. Refunds: Any tax refunds issued to Seller outside of this escrow by the Tax Collectors office which are not of public record and are not disclosed in writing to escrow holder prior to the close of escrow, shall not be the responsibility of escrow holder in the proration calculations used for the closing of this transaction. The parties are to make any adjustments OUTSIDE OF THIS ESCROW and agree the escrow holder shall have no responsibility regarding same. It Is the sole responsibility of the Seller to disclose to the Buyer if such a refund is received. Any tax bills, supplemental tax bills, bonds and assessments issued, levied or adjusted after the close of this transaction shall be handled directly between Buyer and Seller, outside of escrow. 4. UTILITIES/POSSESSION �py�� ,t PLEASE INITIAL © BUYER(S):c _�..�/� - SELLER(S tS e4/,1c7CLS.G ..lV J� �, Ill if.� Escrow No.: PSL10450 - LT140 - KR Transfer of utilities and possession of the premises are to be settled by the parties directly and outside escrow. S. 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. SPECIAL RECORDING; LATE CONFIRMATION OF RECORDING Seller's proceeds may not be available, and encumbrances may not be paid off, until the first business day following the day of recording if 1) documents recorded at close of escrow are recorded later in the day than 8:00 a.m. (which is called a "special recording") or if 2) the County Recorder does not provide confirmation of recording within sufficient time to allow same-day disbursement of funds by wire or check. 7. 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/Mortgage Broker(s) and Lender(s) named in this escrow. Any requests for duplicate copies of the file or any documentation within the file, after the close of escrow, is subject to an additional work charge of$25.00. S. FEES PAID IN ADVANCE: Escrow holder is instructed to use Buyer's funds deposited into escrow to pay any advanced fees required prior to close of escrow for such items as, but not limited to, charges by a Homeowners Association or their designated management company for ordering documents, lender's charges for a payoff statement, or city's charge for city reports or inspections related thereto. You are authorized, at the close of escrow, to charge the appropriate party for any fees advanced. In the event escrow should cancel, Buyer and Seller agree to handle the exchange of any documents, inspections, reports and/or funds advanced, outside of this escrow. Escrow holder shall not be held liable or responsible for the reimbursement of funds advanced or the return of any documentation provided to Buyer. 9. FEES, CHARGES AND MESSENGER FEES Escrow, Title and Overnight Fees are to be charged to the principals' accounts in accordance with the posted rates filed with the Department of Insurance. The charges which the Company will make for sending documents and/or checks via overnight services shall be the amount actually billed providing a bill is secured by escrow holder. Special messenger fees will be charged at the actual cost of the messenger service. Recording charges are to be charged to the principals' accounts in accordance with customary practices in this County, unless Escrow Holder is instructed to do otherwise in writing. 10. 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 MAILING, 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. 11. 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. 12. HAZARD INSURANCE POLICIES Buyer shall obtain Fire/Hazard Insurance coverage, if applicable, on the subject property prior to the close of escrow, as per requirements of the new lender. If Buyer has not paid policy premium prior to close of escrow, Escrow Holder is authorized and instructed to debit Buyer's account with the cost of the annual premium and pay such premium to the insurance agent and/or company, at the close of escrow, from funds deposited by Buyer. Escrow Holder is instructed to request that the insurance company deliver the original policy and copies, as required, to all necessary parties. In the event the property is covered by a blanket insurance policy, Buyer shall provide Escrow Holder with a Certificate of Insurance. FAILURE TO PROVIDE FIRE/HAZARD INSURANCE WILL DELAY THE CLOSE OF ESCROW. Escrow Holder has no obligation to obtain fire or other insurance in the absence of a written instruction to do so. 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. 13. ACTION IN INTERPLEADER The principals hereto expressly agree that you, as Escrow Holder, have the absolute right at your election 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. 14. 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, Ai PLEASE INITIAL � BUYER(S): r ' SELLER(S)} ? [�/ Page 5/ Escrow No.: PSL10450 - LT140 - KR whether it be at the request of any of the principals or otherwise, the fees and charges due Lawyers Title Company, including expenditures incurred and/or authorized shall be borne equally by the parties hereto (unless otherwise agreed to specifically). 15. CONFLICTING INSTRUCTIONS/DISPUTES Upon receipt of any conflicting instructions, you are to take no action in connection with this escrow until non-conflicting instructions are received from all of the principals to this escrow (subject to sections 10, 11, and 13 above). No notice, demand or change of instruction shall be of any effect in this escrow unless given in writing by all parties affected thereby. In the event a demand for funds and/or documents deposited with Escrow Holder in connection with this escrow is made and which is not concurred in by all parties hereto, Escrow Holder, notwithstanding which party made such demand, may elect to do any of the following: (1) Take no further action in connection with this escrow and continue to hold such funds and/or documents until receipt of mutual concurring instructions from all parties to this escrow as to the disposition of such funds and/or documents; (ii)Commence an action in interpleader and obtain an order from the court allowing Escrow Holder to deposit such funds and/or documents with the court, in which case Escrow Holder shall have no further liability or obligations with respect to this escrow; or (iii)In the event that any party commences an action against any other party with respect to this escrow, deposit such funds and/or documents with the court, in which case Escrow Holder shall have no further liability or obligations with respect to this escrow. In the event Escrow Holder interpleads any funds and/or documents with any court pursuant to either subparagraphs (ii) or (iii) above, Escrow Holder shall be entitled to reimbursement of its reasonable attorneys' fees and expenses of litigation in connection with such action and any cancellation or work charges incurred during the transaction. 16. DELIVERY/RECEIPT Delivery to principals as used in these instructions, unless otherwise stated, shall be by personal delivery to the principal, regular mail, email or fax to any of the contact information., provided by the principals or their representatives, to escrow holder. If delivered by regular mail receipt is determined to be 72 hours after such mailing. All documents, balances and statements due to the undersigned may be delivered to the contact information provided. All notices, change of instructions, communications and documents, addressed to Escrow Holder, are to be delivered in writing to the office of Lawyers Title Company at the address as set forth in these instructions. 17. STATE/FEDERAL CODE NOTIFICATIONS 1099 Reporting: According to Federal Law, the Seller, when applicable, will be required to furnish escrow holder with sufficient information in order to file a 1099 statement to the Internal Revenue Service. PCOR FORM: Prior to the close of escrow, Buyer may hand Escrow Holder a fully completed and executed "Preliminary Change of Ownership Report" (PCOR) pursuant to the requirements of California Revenue and Taxation Code Section 480.3. Buyer may elect not to complete and execute said form prior to the close of escrow. Should Buyer choose not to execute the PCOR or should the County Recorder's office reject the PCOR for any reason, Buyer is aware that a $20.00 charge will be assessed by the County Recorder's office and Escrow Holder will charge the account of Buyer accordingly. In the event the PCOR has not been filed at the time the documents record OR the County Tax Assessors office determines that the form has not been properly completed, Buyer will be responsible for obtaining and completing a new PCOR and any additional documents that may be required by the Assessor's office. Failure to file a proper PCOR will result in additional penalties in accordance with Section 480 of the California Revenue and Taxation Code. Escrow Holder's sole duty shall be the delivery of the PCOR to the County Recorder at the time of recordation of transfer documents, if it is provided to Escrow Holder. Escrow Holder assumes no liability or responsibility regarding the proper completion of the PCOR. PLEASE INITIAL 0 BUYER(S),__y1_ �`,__ SELLER(S), PBge 6 Escrow No.: PSL10450 - LT140 - KR NON-RESIDENT ALIEN (FIRPTA): The Foreign Investment in Real Property 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. Lawyers 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. Lawyers 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. Lawyers 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 subject transaction is a U.S. citizen or resident alien. Lawyers Title Company is not responsible for the payment of this tax and/or penalty and/or interest incurred in connection therewith and such taxes are not a matter covered by the Owner's Policy of Title Insurance to be issued to the buyer. Lawyers 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 Lawyers 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. CALIFORNIA WITHHOLDING: In accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to 3 1/3 percent of the sales price or the amount that is specified in a written certificate executed by the transferor in the case of a disposition of California real property interest by either: 1. A seller who is an individual, trust, or estate or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the seller, OR 2. A corporate seller that has no permanent place of business in California immediately after the transfer of title to the California real property. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a corporation with a permanent place of business in California, OR 3. The seller, who is an individual, trust, estate or a corporation without a permanent place of business in California executes a written certificate, under the penalty of perjury, of any of the following: A. The California real property being conveyed is the seller's or decedent's principal residence (within the meaning of Section 121 of the Internal Revenue Code). B. The last use of the property being conveyed was use by the transferor as the transferor's principal residence within the meaning of Section 121 of the Internal Revenue Code. C. The California real property being conveyed is or will be exchanged for property of like kind (within the meaning of Section 1031 of the Internal Revenue Code), but only to the extent of the amount of gain not required to be recognized for California income tax purposes under Section 1031 of the Internal Revenue Code, D. The California real property has been compulsorily or involuntarily converted (within the meaning of Section 1033 of the Internal Revenue Code) and that the seller intends to acquire property similar or related in service or use so as to be eligible for nonrecognition of gain for California income tax purposes under Section 1033 of the Internal Revenue Code. E. The California real property transaction will result In a loss or a net gain not required to be recognized for California income tax purposes. The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis for corporations or other entities. Buyer understands that in no event will Escrow Holder undertake to advise Buyer and/or Buyer's representative on the possible application of the above code sections to this specific transaction. Unless expressly instructed by Seller and Buyer herein, Buyer understands that Escrow Holder will NOT assist in obtaining a waiver from withholding from the Franchise Tax Board, Should Buyer and Seller herein direct Escrow Holder to undertake any activities pursuant to the withholding provisions under California law, Buyer and Seller agree to cooperate fully in providing necessary information to Escrow Holder. Buyer and Seller agree to indemnify and hold Escrow Holder harmless in the event of noncompliance resulting from information supplied by either Buyer and/or Seller. For additional information concerning the withholding provisions under the code sections referenced above, please contact the Franchise Tax Board-Withhold-at-Source Unit at (888) 792-4900, P.O. Box 651, Sacramento, CA 95812-0651. Web address: www.ftb.ra.aov_ PLEASE INITIAL ID BUYER(S)'A / i ._ SELLER(S) Escrow No.: PSL10450 - LT140 - KR - 18. 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. 19. ENVIRONMENTAL ISSUES Escrow Holder 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 toxification, if applicable, will be done directly and by principals outside of escrow. Escrow Holder is released of any responsibility and/or liability in connection therewith. 20. 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. 21. 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. 22. FACSIMILE/ELECTRONIC SIGNATURE Escrow Holder is 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 signatures are not acceptable on recordable documents. "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. 23. CLARIFICATION OF DUTIES Legal Advice: Lawyers Title Company serves ONLY as an Escrow Holder in connection with these instructions and cannot give legal advice to any party hereto. Sufficiency/Correctness: 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. Executed Instructions: The agency and duties of Escrow Holder commence only upon receipt of copies of these Escrow Instructions executed by all parties. No Duty To Notify As To Other Transaction: Escrow Holder shall have no duty or responsibility to notify any party to this escrow of any sale, resale, loan, exchange or other transaction involving the property which is the subject of this escrow or any profit realized by any person or entity in connection therewith, notwithstanding that Escrow Holder may act as escrow holder for such transaction(s) in this or another escrow(s). Record Retention: After the closing or cancellation of this escrow, Escrow Holder shall retain the escrow file(s) pertaining to this escrow for a minimum of five (5) years, after which time Escrow Holder is authorized to destroy or otherwise dispose of such file(s) without notice or liability to the parties hereto. Disclosure Reports: Escrow Holder is not to be concerned with disclosures made by the parties to each other. In the event Escrow Holder receives any disclosure reports requiring signatures or approval by a party, Escrow Holder's only responsibility will be to forward the report to the appropriate party. 24. FAILURE TO CLOSE TIMELY If the conditions for closing this escrow have not occurred at the time set forth herein for closing, Escrow Holder is nevertheless to continue to act hereunder and to close this escrow as soon thereafter as such conditions (except as to time) shall have been met, unless any party shall have made a written demand on Escrow Holder for cancellation of this escrow and/or for the return of any funds and/or documents deposited by such party. 25. 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 $25.00 that is to be charged against the funds held by the Company. Any funds remaining in the file or principals failure to negotiate funds issued by escrow holder may result in the funds being escheated to the State of California's Unclaimed Property. This process includes a due diligence period through our local and corporate offices. Any refunds requested during this process may take up to 6 months. Refunds requested through the State of California are not controlled by escrow holder. For more information about the State of California Unclaimed property visit: www.sco.ca.gov. 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 PLEASE INITIAL ID BUYER(S): J _ SELLER(St3 8� �'�/N✓ Escrow No.: PSLI0450 - LT140 - KR 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 PRECEEDING PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE GENERAL PROVISIONS. Lawyers Title Company conducts escrow business under Certificate of Authority No. 281 issued by the California Department of Insurance. BUYERS SELLERS City of Pam Springs, a California charter city and The J. Laurent Leger Comeau and Mary Sheila al corporation Comeau Revocable Living Trust dated March 13, 1990 - Survivor's Trust, as to undivided 1/3 B interest David H. Ready � City Manager -' _--�u o , By: Ma heila Comeau, Trustee MW7B Anita Come Tr e ``� d By: Michele Comeau, Trustee The Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 1/3 APPROVED By 017Y COUNCIL interest uk � --/ By, Mark E, Fr denburg, Trustee By: EIjZAbeth J. edenburg, Trustee '� The Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to ad 1/3 interest Z /�// y�LsfSifdr//L� f� By: Heather acqueorown, Trustee By: Stephen Truste gyp" PLEASE INITIAL � BUYER(S)t�___-/_ SELLER(S)C- l_J Page 9 File No: 616670023 EXHIBIT "A" All that certain real property situated in the County of Riverside, State of California, described as follows: That portion of the Northeast Quarter of Section 22, Township 3 South, Range 4 East, San Bernardino Base and Meridian, in the City of Palm Springs, County of Riverside, State of California, according to the Official Plat thereof, described as follows: Beginning at a point on the North line of the Northeast Quarter of the Southeast Quarter of the Northeast Quarter of said Section which bears North 8903345" West 430 feet from the Northeast corner thereof; thence South 51004'30" East 289.60 feet; thence South 8903345" East, parallel with said North line, 129.24 feet, to the Westerly right of way line of Indian Avenue, as now exists; thence South 00008'30" West, along the Westerly right of way line of said Indian Avenue, 639.65 feet, to the Northeasterly right of way line of the Southern Pacific Railroad, as now exists; thence North 51004'30" West, along the Northeasterly right of way line of said Southern Pacific Railroad, 766.90 feet; thence Northerly, along the Easterly right of way line of said Southern Pacific Railroad, on a curve concave to the East, having a radius of 473.69 feet, through an angle of 42049'10" an arc length of 354.01 feet (the initial radial line bears South 76050'35" West), to the North line of the Northeast Quarter of the Southeast Quarter of the Northeast Quarter of said December 22; thence South 8903345" East, along said North line, 194.03 feet, to the point of beginning. Together with that portion of Whitewater- Indio Road, vacated by that certain Resolution No. 85- 21, recorded April 18, 1985 as Instrument No. 81685 of Official Records, which would pass by Operation of Law upon conveyance. 669-070-003-7 CLTA Preliminary Report Form - Modified (11-17-06) Page 3 �M L_ awyerjide• Escrow Division 777 E. Tahquitz Canyon Way Suite 200-31 Palm Springs, CA 92262 Phone: (760) 327-6523 Fax: (866) 350-3317 Escrow Officer: Kimberly Rogers Escrow Officer's e-mail: krogers@ltic.com Kimberly Rogers, Escrow Officer Phone: (760) 327-6523 • Fax: (866) 350-3317 e-mail: krogers@ltic.com PRELIMINARY REPORT APPROVAL Escrow Number: PSL10450 - LT140 - KR Title Order Number: 616670023 Date: September 19, 2016 The undersigned acknowledge that they have read and received a copy of the Preliminary Report of Title issued by Lawyers Title - IE dated August 5, 2016 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. �6 Springs, a California cha i and municipal corporation Byo„/ David H. Ready City Manager APPROVED By CITY COUNCIL B . 51`61b 20 Ab� j J s Tho n y Cie By: -- Douglas . of and, Esq. City Attor ey American Land Title Association Combined ALTA Settlement Statement-Estimated Page:1 Adopted 05/01/2015 Escrow No.: PSLID450-KR Print Date&Time: 8117/2016 2:42:32 PM L,-.vyers Title Company y., Escrow Officer: Kimberly Rogers 77 i E.ins c.eitz Canyon Way Suite 200-31 Lawyers Title Palm Springs CA 92262 J - Settlement Location: 777 E.Tahquitz Canyon Way Suite 200-31, Phna. {760)327-6523 Fax: :750)327-6748 Palm Springs,CA 92262 Property: Vacant Land APN#669-070-003-7,Palm Springs,CA 922 Buyer: City of Pam Springs,a California charter city and municipal corporation Seller: Mary Sheila Comeau,Trustee,Anita Comeau,Trustee and Michele Comeau,Trustee of The J. Laurent Leger Comeau and Mary Sheila Comeau Revocable Living Trust dated March 13, 1990-Survivor's Trust,as to undivided 1/3 interest Mark E.Fredenburg,Trustee and Elizabeth J.Fradenburg,Trustee of The Fredenburg Revocable Living Trust dated September 30, 1993,as to an undivided 113 interest Heather Jacques Brown,Trustee and Stephen G.Brown,Trustee of The Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995,as to an undivided 1/3 interest Lender: (Loan#:) Settlement Date: 9/1/2016 Disbursement Date: 9/1/2016 Additional dates per state requirements: Seller Dcscription Borrower/Buyer Debits Credits _ Debits Credits Financial $21.184.00 Purchase Price $21,184.00 ProrstlonslAd ustments $8,416.00 Rental Price for Temporary Easement $8,416.00 Impounds $443.16 Property Tax Hold 125%to Riverside County Tax Collector Title Charges&Escrow!Settlement Charges Owner's Coverage CLTA for Acquisition to Lawyers Title Co $396.00 Owner's Coverage CLTA for Temp Easement to Lawyers Title Co $396,00 Escrow Fees $630.00 Government Recording&Transfer Charges County Transfer Taxes $23.65 County Transfer Taxes $9.35 Recording Fees $150.00 Seller Borrower/Buyer Debits Credits Debits Credits $443.15 $29,600.00 Subtotals $31,205.00 $0.00 Due From Buyer $31,205.00 $29,156.85 Ous To Seller $29,600.00 $29,600.00 Totals $31,206.00 $31,205.00 Acknowledgement Well have carefully reviewed the ALTA Settlement Statement and find it to bo a hurt and accurate statement of all receipts and disbursements made on my account or by me in this transaction and further certify that I have received a copy of the ALTA Setilement Statement.Well authorize Lawyers Title Company to cause the funds to be disbursed in accordance with this statement. - m Springs,aCalifomia unicipal corporation By: David H. Ready L APPROVED BY CITY COUNCIL city gar By 5.1�•1b �D PhiS�j Ja Thompso Cleark ;a7f By: Douglas C. City Attorn y The J.Laurent Leger Comeau an ary Sheila`Comeau Revocable Living Trust dated March 13,1990-Survivor's Trust,as to undivided 113 Interest By: Mary Sh a Corn au,Trustee By:AnlM-Cortl@ayr,Trus[eq/ �' Cx� By:Michele Comeau,✓Trustee The Fretlenburg Revocable Living Trust dated September 30,1993,as to an undivided 113 Interest By:Mgrk E.Fred nburg, stee By: EI eth J.Fre burg,Trustee The He [hercques rown and Stephen G.Brown Revoe;ible Living Trust dated January 10,1995,as to an undivided 113 interest By:Heather Jae s BrowpT Trustee By.Ste en G.Brown,Trustee Escro ffic r:Kimber gels This is an estimated closing statement and is subject to changes,corrections or additions at the time of final closing. Escrow Division �t Lawvers Tie 777 E. Tahquitz Canyon Way Suite 200-31 Palm Springs, CA 92262 Phone: (760) 327-6523 Fax: (866) 350-3317 Escrow Officer: Kimberly Rogers Escrow Officer's e-mail: krogers@ltic.com TO: Lawyers Title Company Re: Vacant Land APN #669-070-003-7 , Palm Springs, CA 922 Escrow No.: PSL10450 - LT140 - KR Disbursement Instructions for Proceeds/Refunds You are authorized and instructed to disburse my proceeds or refund due me, as indicated below. Please make sure the information you provide is accurate, complete and legible. ❑ Hold for pick up by: (Print name of individual) ❑ Mail check to: `` (hj 9 1111iAM1 ��s. 102W G rTft�u f VggfK �(Escroow Agent is not responsible for timely livery of U.S. m ill) ❑ Overnight delivery to: J /Ck g22r,?/ (Standard/Weekday { J Overnight ONLY) (A fee will be charged as set forth in the General Provisions of the Escrow Instructions) ❑ Deliver by courier to: (Courier deliveries must be made to a business address. Expedited deliveries will be billed as charged) ❑ Transfer ❑ all proceeds or ❑ $ to If you select transfer of funds, additional instructions must be prepared and signed by you prior to close of escrow. ❑ Wire Transfer Funds: (All of the following information must be completed) Receiving Bank Name: Bank Address: Bank Phone: Contact Person at Bank: ABA Routing Number:* Account Number: Account Name (As it appears on account): *It is strongly advised you contact your financial institution when completing this information. The number that appears on checks or on deposit tickets is not always the correct routing number for wire transfers.* Provided the funds are wire transferred in accordance with these instructions, Lawyers Title Company shall not be liable for any act or omission of any financial institution or any other person, nor shall Lawyers Title Company have any liability for loss of funds or interest thereon. In no event will damages exceed interest at a rate equal to Federal Funds rate, adjusted daily, for the number of days that such funds are unavailable. The undersigned shall indemnify and hold harmless Lawyers Title Company, its successors or assigns, from any loss, liability and cost incurred as a result of any incorrect information supplied. Lawyers Title Company shall not be liable for any special, consequential, indirect or incidental damages, regardless of whether any claim is based on contract or tort whether the likelihood of such damage was known to Lawyers Title Company. Attention Seller: Proceeds due you at the close of escrow will only be payable to the exact name(s) in which title is currently held. Attention Buyer/Borrower: Any refunds due you at the close of escrow will be payable ONLY to the exact name(s) in which you have taken title to this property. If you do not have a bank account in the same name, it is advised you secure such an account prior to the close of escrow. Contact yoZEsa Officer with any questions Date: o t Jlj� Signature Signature Iva AS4nature Ar,PROVED BY CITY COUNCIL Signat BOE-502-A(PI)REV. 12 (05-13) Escrow No.: PSI10450-140-KR Title No.: 616670023 PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by transferee(buyer) prior to a transfer of subject property. in accordance with Section 480,3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Report must be fled with each conveyance in the County Recorder's office for the county where the property is located. NAME AND MAILING ADDRESS OF BUYERTRANSFEREE (Make necessary corrections to the printed name and madlng a kires.r) City of Pam Springs,a California charter city and municipal corporation ASSESSOR'S PARCEL NUMBER 3200 E.Tahquitz Canyon Way Ann;City Clerk 669-070403-711 RA:01I-092 Palm Springs,CA 92262 SELLER/TRANSFEROR The L Lantern Leger Comeau and Mary Sheila Comeau Revocable Living Tnist dated March 13,199D-Survivor's Trust,as to undivided 1/3 interest BUYER'S DAYTIME TELEPHONE NUMBER BUYER'S EMAIL ADDRESS STREEI'ADDRESS OR PHYSICAL LOCATION OF REAL.PROPERTY Vacant Land APN 0669-070-003.7 Palm Springs,CA 922 MAIL.PROPERTY I'AX INFORMATION TO(NAME) City of Pam Springs,a California charter city and municipal corporation ADDRESS ❑ YES NO I This property is intended as my principal residence. If YES,please indicate the date of occupancy MO DAY YEAR or intended occu arc . PART I: TRANSFER INFORMATION Please complete all statements. This section contains possible exclusions from reassessment for certain types of transfers. YES NO ❑ A. This transfer is solely between spouses(addition or removal ofa spouse,death ofa spouse,divorce settlement,etc.). ❑ H. This transfer is solely between domestic partners currently registered with the California Secretary of State(addition or removal ofa partner. death ofa partner, termination settlement,etc.). ❑ �* C. This is a transfer: ❑between parent(s)and ch ild(ren) ❑ from grandparent(s)to grandchild(ren). ❑ * D. This transfer is the result ofa cotenanPs death. Date of death ❑ * E. This transaction is to replace a principal residence by a person 55 years of age or older. Within the same county? ❑ YES ❑NO ❑ * F. This transaction is to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69.5. aa�rwwr Within the same county? ❑YES ❑NO ❑ 7U G. This transaction is only a correction of the names)of the persons)holding title to the properly(e.g.,a name change upon marriage). /` I(YES,please explain: ❑ 1-1. The recorded document creates,terminates,or reconveys a lender's interest in the property. ❑ 1. This transaction is recorded only as a requirement for financing purposes or to create,terminate,or reconvey a security interest(e.g..cosigner). If YES,please explain: ❑ J. The recorded document substitutes a trustee ofa trust,mortgage,or other similar document. K. This is a transfer of properly ❑ 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 a trust that may be revoked by the creator/grantor/trustor who is also a joint tenant,and which names the otherjoint tenant(s)as beneficiaries when the creator/grantor/trustor dies. ❑ 3, to/from an irrevocable trust for the benefit of the ❑creator/grantor/trustor and/or ❑grantor's/Irustor's spouse ❑grantor's/trustor's registered domestic partner. ❑ L. This property is subject to a lease with a remaining lease term of 35 years or more including written options. ❑ M. 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. ❑ N This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions. ❑ * O. This transfer is to the first purchaser ofa new building containing an active solar energy system. *Please refer to the instructions fur Part 1, Please provide any other information that will help the Assessor understand the nature of the transfer. THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION BOE-502-A(P2)REV.12 (05.13) PART 2, OTHER TRANSFER INFORMATION Check and complete as applicable. A. Dace of transfer,ifother than recording date: B. Type of transfer_ Purchase ❑Foreclosure ❑Gift ❑Trade or exchange ❑ Merger,stock,or partnership acquisition(Form BOE-100-B) ❑ Contract of sale. Date of contract: ❑ Inheritance. Date of death: ❑ Sale/leaseback ❑Creation of a lease ❑Assignment of a lease ❑Termination of a lease. Date lease began. Original term in years(inc dircg writtteen�oin ooff): Remaining term in years(including ivraten options): Other. Please explain: '�(ASt,MrLlJ9� t,� %# D1T 4IDM w4j Ali 7 C. Only a partial interest in the property was transferred. 7/a YES ❑NO If YES,indicate the percentage transferred: 4— % PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. I ,T�)1r�)L � A. Total purchase price. �—t—� B. Cash down payment or value of trade or exchange excluding closing costs Amount $ C. First deed of trust @ %interest for years. Monthly payment$ Amount $ ❑ FHA(_Discount Points) ❑ Cal-Vet ❑ VA( Discount Points) ❑ Fixed rate Cl Variable Tate ❑ Bank/Savings&Loan/Credit Union ❑ Loan carried by seller ❑ Balloon payment$ Due date: D. Second deed of trust a %interest for years. Monthly payment$ Amount $ ❑ Fixed rate ❑ Variable rate ❑ Bank/Savings&Loan/Credit Union El Loan caried by seller ❑ Balloon payment$ Due date: E. Was an Improvement Bond or other public financing assumed by the buyer? ❑ YES ❑ NO Outstanding Balance $ F. Amount,if any,of real estate commission fees paid by the buyer which are not included in the purchase price $ G. The property was purchased:❑Through real estate broker.Broker name: Phone number:( 1 _. kirect from seller ❑ From a family member-Relationship ❑ Other. Please explain: .. H. 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 Check and complete as applicable. A. Type of property transferred ❑ Single-family residence ❑Co-op/Own-your-own ❑Manufactured home ❑ Multiple-family residence. Number of units: ❑Condominium ❑Unimproved lot Other. gqescription:(i.e.,timber,mitleral,water rights,etc.) ❑Timeshare ❑Commercial/Industrial 3►n." t.Pac aof www B. ❑ YES � O Personal/business property,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 If the personaUbusiness property:: $_v C. ❑YES HNO A manufactured home is included in the purchase price. If YES,enter the value attributed to the manufactured home: $ ❑ YES NO The manufactured home is subject to local property tax. If NO,enter decal number: D. ❑ YES 'KNO The property produces rental or other income. ll YES,the income is from: ❑ Lease/rent ❑Contract ❑ Mineral rights ❑Other: E. The condition of the property at the time of sale was: ❑Good (y0 verage ❑ Fair ❑ Pour CERTIFICATION !cerlr,(or declare) that the foregoing and all information hereon, including any accompanying statements or documews, is true and correct to the best of my knowledge and belie VE NSFEREE OR CO EOFFI DATE TELEPHONE E 11`D3L6! 10 )3Z2 NA OF ToYERTrRANSFE FILEGAL RATE OFFICER(PLEASE PRIM T17_LE H AIL ADDRESS u AA T e Assess office may contact you for additional infonnaHon regarding tl s transaction. b 16AT;�.0�Ov APPROVED BY CITY COUNCIL A rres7: `^ J BOE-502-A(P3)REV. 12 (05-13) 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 very 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. PART 1: TRANSFER INFORMATION If you check YES to any of these statements, the Assessor may ask for supporting documentation. C, D, 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. I: 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 property is subject to subsidized low-income housing requirements with governmentally imposed 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 date. If it Is not the date 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. BOE-502-A(P4)REV.12 (05-13) PART 3: PURCHASE PRICE AND TERMS OF SALE It 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 bonds, 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 "From 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 property 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. C. 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. Non-Foreign Certification - Transferee and Transferor This form is provided so that the buyer and/or seller in this transaction can certify compliance with the Foreign Investment in Real Property Tax Act to the escrow agent and/or buyer. Transferee/Buyer must retain a copy of this document until after the fifth taxable year following the transfer. I. Transaction on Personal Residence not exceeding $300,000.00. I/We hereby certify that: (a) the amount realized for the property in this transaction does not exceed $300,000.00; and (b) buyer(s) is/are acquiring said property for use as a residence. 40 Buyer Buyer II Certification of Non-Foreign Status by Individual Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. Real Property interest must withhold tax if the transferor (seller) is a foreign person. To inform the transferee (buyer) and escrow agent that withholding of tax is not required upon my disposition of a U.S. Real Property Interest, I, the undersigned Seller(s), hereby certify the following: 1. I am not a non-resident alien for the purposes of U.S. Income Taxation, 2. Meyy U.S. taxpa er identifying number (Social Security Number) is: /O� n I ; And 3. My home address is: Q 7 (ate I understand that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement I have made herein could be punished by fine, imprisonment, or both. Under penalty of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete. Date:V6II4, Ju SelleC%�� Seller FIRPTA-1007-A Page 1 of 2 Rev. 10/31/03 Seller, Buyer and Escrow Agent to maintain a copy for five (5) years. Non-Foreign Certification - Transferee and Transferor III. Certification of Non-Foreign Status by Entity Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest, the undersigned hereby certifies the following on behalf of the transferor/seller: 1. is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. is not a disregarded entity as defined in §1.1445-2(b)(2)(iii)? 3. U.S. Employer, Tax ID (Social Security Number) identification number is ; and 4. The office (or personal) address is The transferor/seller understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of seller. By: Title: Date: APPROVED BY CITY Wuim. , IV. Certification by Buyer �•1� •�p �� AOD I have examined this certification and to the best of my knowledge and belief it is true, correct and complete. Date: 4MW Buy 1W J �C� � . �Ir1r� Z s /�n yip/,/ Buyer s` FIRPTA-1007-A y Pag of 2 Rev. 10/31/03 Seller, Buyer and Escrow Agent to maintain a copy for five (5) years. Non-Foreign Certification — Transferee and Transferor This form is provided so that the buyer and/or seller in this transaction can certify compliance with the Foreign Investment in Real Property Tax Act to the escrow agent and/or buyer. Transferee/Buyer must retain a copy of this document until after the fifth taxable year following the transfer. I. Transaction on Personal Residence not exceeding $300,000.00. APPROVED By CITY COUNCIL I/We hereby certify that: �.1�.tb ap A1,A�� (a) the amount realized for the property in this transaction does not ex i $300,000.00; and (b) buyer(s) is/are acquiring said property for use as a residence. N(� Buyer Buyer ..�6� II Certification of Non-Foreign Status by Indiv�10_ r-f C r -� Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. Real Property interest must withhold tax if the transferor (seller) is a foreign person. To inform the transferee (buyer) and escrow agent that withholding of tax is not required upon my disposition of a U.S. Real Property Interest, I, the undersigned Seller(s), hereby certify the following: 1. I am not a non-resident alien for the purposes of U.S. Income Taxation, 2. My U.S. taxpayer identifying number (Social Security Number) is: 555' SY- (72 ( s'S 6 _/ c7z') 30 ; And 3. My home address—is: / 30 7 S.N P��o �r S4h Mc3r C cat C4 /"4;c iC 9207 I understand that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement I have made herein could be punished by fine, imprisonment, or both. Under penalty of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete. Date: ° Seller L- Sell r �� FIRPTA-1007-A Page 1 of 2 Rev. 10/31/03 Seller, Buyer and Escrow Agent to maintain a copy for five (5) years. Non-Foreign Certification -- Transferee and Transferor III. Certification of Non-Foreign Status by Entity Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest, the undersigned hereby certifies the following on behalf of the transferor/seller: 1. is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. is not a disregarded entity as defined in §1.1445-2(b)(2)(iii)? 3. U.S. Employer, Tax ID (Social Security Number) identification number is and 4. The office (or personal) address is The transferor/seller understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of seller. By: Title: Date: APPROVED BY CITY COUNCIL IV. Certification by Buyer 51� 1b ao � 53 I have examined this certification and to the best of my knowledge and belief it is true, correct and complete. Date: Buyer Buyer AA RPT -A� , � � Page 2 o V GL`xl� Rev. 10/31/03 Seller, Buyer and Escrow Agent to aintain a copy for five (5) years. Non-Foreign Certification - Transferee and Transferor This form is provided so that the buyer and/or seller in this transaction can certify compliance with the Foreign Investment in Real Property Tax Act to the escrow agent and/or buyer. Transferee/Buyer must retain a copy of this document until after the fifth taxable year following the transfer. I. Transaction on Personal Residence not exceeding $300,000.00. I/We hereby certify that: (a) the amount realized for the property in this transaction does not exceed $300,000.00; and (b) buyer(s) is/are acquiring said property for use as a residence. Buyer Buyer II Certification of Non-Foreign Status by Individual Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. Real Property interest must withhold tax if the transferor (seller) is a foreign person. To inform the transferee (buyer) and escrow agent that withholding of tax is not required upon my disposition of a U.S. Real Property Interest, I, the undersigned Seller(s), hereby certify the following: 1. I am not a non-resident alien for the purposes of U.S. Income Taxation, 2. My U.S. taxpayer identifying number (Social Security Number) is: S_;'_ 7`� SS6 —S61—1061 ; And 3. My home address is: I O f e _ K-eAd CA 9(o0© I understand that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement I have made herein could be punished by fine, imprisonment, or both. Under penalty of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete. Date: Seller Selle FIRPTA-1007-A Page 1 of 2 Rev. 10/31/03 Seller, Buyer and Escrow Agent to maintain a copy for five (5) years. Non-Foreign Certification — Transferee and Transferor III. Certification of Non-Foreign Status by Entity Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest, the undersigned hereby certifies the following on behalf of the transferor/seller: 1. is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. is not a disregarded entity as defined in §1.1445-2(b)(2)(iii)? 3. U.S. Employer, Tax ID (Social Security Number) identification number is ; and 4. The office (or personal) address is The transferor/seller understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of seller. By: Title: Date: a-PROVED BY CITY COUNCIL IV. Certification by Buyer `rGJ A X)o a V N&� I have examined this certification and to the best of my knowledge and belief it is true, correct and complete. Date: A. Buyer Buyer koJ� ge IR A1 age 2 of 2 Rev. 10/31/03 Seller, Buyer and Escrow Agent to maintain a copy for five (5) years. EXHIBIT D DO NOT RECORD. TRANSFEREE (BUYER) DO NOT SEND MUST RETAIN FOR TO IRS. SIX YEARS AFTER THE TRANSACTION. CERTIFICATION OF NON-FOREIGN STATUS BY TRANSFEROR 1. Section 1445 of the Internal Revenue Code provides that a transferee (Buyer) of a U. S. real property interest must withhold tax if the transferor (Seller) is a foreign person. 2. In order to inform each transferee that withholding of tax is not required upon disposition of a U. S. real property interest by __ (hereinafter referred to as 'the Transferor"), the undersigned hereby certifies, and declares by means of this certification, the following on behalf of the Transferor: A. The one item marked below is true and correct: (1) The Transferor is not a foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as these terms are defined in the Internal Revenue Code and Income Tax Regulations). (II) The Transferor is a corporation incorporated under the laws of a foreign jurisdiction but has elected to be treated as a U. S. corporation under Section 897(i) of the Internal Revenue Code, AND HAS ATTACHED TO THIS CERTIFICATE A TRUE AND GENUINE COPY OF THE ACKNOWLEDGMENT OF SUCH ELECTION ISSUED BY THE IRS. B. The Transferor's social security number is 7��Wl0 f C The Transferor's address is :LQ �OX 3. The Transferor understands that this certificate may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained in this certification may be punished by fine or imprisonment (or both). 4. The Transferor understands that each transferee is relying on this certificate in determining whether withholding is required and each transferee may face liabilities if any statement in this certificate is false. 1116419.1 5. The Transferor hereby indemnifies each transferee, and agrees to defend and hold each transferee harmless, from any liability, cost, damage, or expense which such transferee may incur as a result of: A. the Transferor's failure to pay any U. S. Federal income tax which the Transferor is required to pay under applicable U. S. law, or B. any false or misleading statement contained herein. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete; I further declare that I have authority to sign this document on behalf of the Transferor. EXECUTED in R -� County, State of 0414-fog"3Ira on R 13 114-2 Transferor: By, Title: X �c�� —C 1116419.1 EXHIBIT D DO NOT RECORD. TRANSFEREE (BUYER) DO NOT SEND MUST RETAIN FOR TO IRS. SIX YEARS AFTER THE TRANSACTION. CERTIFICATION OF NON-FOREIGN STATUS BY TRANSFEROR 1, Section 1445 of the Internal Revenue Code provides that a transferee (Buyer) of a U. S. real property interest must withhold tax if the transferor (Seller) is a foreign person. 2. In order to inform each transferee that withholding of tax is not required upon disposition of a U. S. real property interest by (hereinafter referred to as "the Transferor"), the undersigned hereby certifies, and declares by means of this certification, the following on behalf of the Transferor; A. The one item marked below is true and correct: (1) The Transferor is not a foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as these terms are defined in the Internal Revenue Code and Income Tax Regulations). (11) The Transferor is a corporation incorporated under the laws of a foreign jurisdiction but has elected to be treated as a U. S. corporation under Section 897(i) of the Internal Revenue Code, AND HAS ATTACHED TO THIS CERTIFICATE A TRUE AND GENUINE COPY OF THE ACKNOWLEDGMENT OF SUCH ELECTION ISSUED BY THE IRS. ' 55a B. The Transferor's social security number is 5 S 8 sY f 7a C. The Transferor's address is /307 —A Pad to pi San /�1ar roS cRf,-Fr" q 9,207,f 3. The Transferor understands that this certificate may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained in this certification may be punished by fine or imprisonment (or both). 4. The Transferor understands that each transferee is relying on this certificate in determining whether withholding is required and each transferee may face liabilities if any statement in this certificate is false. 1116419.1 5. The Transferor hereby indemnifies each transferee, and agrees to defend and hold each transferee harmless, from any liability, cost, damage, or expense which such transferee may incur as a result of: A. the Transferor's failure to pay any U. S. Federal income tax which the Transferor is required to pay under applicable U. S. law, or B. any false or misleading statement contained herein. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete; I further declare that I have authority to sign this document on behalf of the Transferor. EXECUTED in saw L')„a oo County, State of C2 l F�orn G on c2'J 70f6 Transferor: t By: Title: 1116419,1 EXHIBIT D DO NOT RECORD. TRANSFEREE (BUYER) DO NOT SEND MUST RETAIN FOR TO IRS. SIX YEARS AFTER THE TRANSACTION. CERTIFICATION OF NON-FOREIGN STATUS BY TRANSFEROR 1. Section 1445 of the Internal Revenue Code provides that a transferee (Buyer) of a U. S. real property interest must withhold tax if the transferor (Seller) is a foreign person. 2. In order to inform each transferee that withholding of tax is not required upon disposition of a U. S. real property interest by (hereinafter referred to as "the Transferor"), the undersigned hereby certifies, and declares by means of this certification, the following on behalf of the Transferor: A. The one item marked below is true and correct: k (1) The Transferor is not a foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as these terms are defined in the Internal Revenue Code and Income Tax Regulations). (II) The Transferor is a corporation incorporated under the laws of a foreign jurisdiction but has elected to be treated as a U. S. corporation under Section 897(i) of the Internal Revenue Code, AND HAS ATTACHED TO THIS CERTIFICATE A TRUE AND GENUINE COPY OF THE ACKNOWLEDGMENT OF SUCH ELECTION ISSUED BY THE IRS. .55 —5 G —10 ro I B. The Transferor's social security number isSBIo C. The Transferor's address is /O,OOo 7Tih /14r„e (1 AAimr <A 26cmj 3. The Transferor understands that this certificate may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained in this certification may be punished by fine or imprisonment (or both). 4. The Transferor understands that each transferee is relying on this certificate in determining whether withholding is required and each transferee may face liabilities if any statement in this certificate is false. 1116419.1 5. The Transferor hereby indemnifies each transferee, and agrees to defend and hold each transferee harmless, from any liability, cost, damage, or expense which such transferee may incur as a result of: A. the Transferor's failure to pay any U. S. Federal income tax which the Transferor is required to pay under applicable U. S. law, or B, any false or misleading statement contained herein. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete; I further declare that I have authority to to sign this document on behalf of the Transferor. EXECUTED in S kOLS+a County, Stateof on Transferor: By: Title: 111G419,1 f Keep �ee (' wtification - Transferee and Transferor Jf—1 �" iyer and/or seller in this transaction can certify compliance with the / I CAS y Tax Act to the escrow agent and/or buyer. Transferee/Buyer must �/ II after the fifth taxable year following the transfer. fence not exceeding $300,000.00. ------------ I for the property in this transaction does not exceed siring said property for use as a residence. N(V Buyer Buyer II Certification of Non-Foreign Status by Individual Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. Real Property interest must withhold tax if the transferor (seller) is a foreign person. To inform the transferee (buyer) and escrow agent that withholding of tax is not required upon my disposition of a U.S. Real Property Interest, I, the undersigned Seller(s), hereby certify the following: 1. I am not a non-resident alien for the purposes of U.S. Income Taxation, 2. Meyy U.S. taxpa er identifying number (Social Security Number) is: 1(?— P - g I ; And 3. My home address is: ELL Ek)x 1-�4 CA I understand that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement I have made herein could be punished by fine, imprisonment, or both. Under penalty of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete. /1 Date: Seller-, Seller FIRPTA-1007-A Page 1 of 2 Rev. 10/31/03 Seller, Buyer and Escrow Agent to maintain a copy for five (5) years. p Lawyers Title Company wyel S T1 li 3480 Vine Street Suite 300 • Riverside, CA 92507 Phone: (951) 774-0825 Fax: ( ) YOUR (SOP` Lawyers Title Escrow Palm Springs Title Officer: Peggy Jones--So 777 E. Tahquitz Canyon Way, Suite 200-33 email: tu67@ltic.com Palm Springs , CA 92262 Phone No.: (951) 774-0825 x 617 Fax No.: (951) 781-1169 Attn: Kim Rogers File No.: 616670023 Your Reference No: APN 669-070-003 Property Address: Riverside, California 2nd UPDATED PRELIMINARY REPORT Dated as of August 5, 2016 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Lawyers Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is Important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. CLTA Preliminary Report Form - Modified (11-17-06) Page 1 File No: 616670023 SCHEDULE Al The form of policy of title insurance contemplated by this report is: A Preliminary Report Only - Pre and Bill The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is �,ested in: Mary Sheila Comeau, Anita Comeau and Mirhei Corneau, as Trustees of the J. Laurent Leger Comeau and Mary Sheila Comeau Revocable n9 _;rust dated March 13, 1990 - Survivor's Trust, as to an undivided 1/3 interest; Mark E. Fredenburg and Elizabeth J. Fredenburg, Tcdstees of the Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 1/3 interest; and Heather Jacques Brown and Stephen G. Brown , Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to an undivided 1/3 interest The land referred to herein is situated in the County of Riverside, State of California, and is described as follows: SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form - Modified (11-17-06) Page 2 File No: 616670023 EXHIBIT "q„ All that certain real property situated in the County of Riverside, State of California, described as follows: That portion of the Northeast Quarter of Section 22, Township 3 South, Range 4 East, San Bernardino Base and Meridian, in the City of Palm Springs, County of Riverside, State of California, according to the Official Plat thereof, described as follows: Beginning at a point on the North line of the Northeast Quarter of the Southeast Quarter of the Northeast Quarter of said Section which bears North 89933'45" West 430 feet from the Northeast corner thereof; thence South 51904'30" East 289.60 feet; thence South 89933'45" East, parallel with said North line, 129.24 feet, to the Westerly right of way line of Indian Avenue, as now exists; thence South 00908'30" West, along the Westerly right of way line of said Indian Avenue, 639.65 feet, to the Northeasterly right of way line of the Southern Pacific Railroad, as now exists; thence North 51904'30" West, along the Northeasterly ri0hc cf way line of said Southern Pacific Railroad, 766.90 feet; thence Northerly, along the Easterly right of way line of said Southern Pacific Railroad, on a curve concave to the East, having a radius of 473.69 feet, through an angle of 42949'10"an arc length of 354.01 feet (the initial radial line bears South 76950'35" West), to the North line of the Northeast Quarter of the Southeast Quarter of the Northeast Quarter of said December 22; thence South 89933'45" East, along said North line, 194.03 feet, to the point of beginning. Together with that portion of Whitewater - Indio Road, vacated by that certain Resolution No. 85- 21, recorded April 18, 1985 as Instrument No. 81685 of Official Records, which would pass by Operation of Law upon conveyance. 669-070-003-7 CLTA Preliminary Report Form - Modified (11-17-06) Page 3 File No: 616670023 SCHEDULE S •- Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of s;.ch agency or by the Public Records. 2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, .tariation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or rnate.rial not shown by the Public Records. CLTA Preliminary Report Form - Modified (11-17-061 I 'C 4 File No: 616670023 SCHEDULE B - Section B At the date hereof Exceptions to coverage in addition tz the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2016-2017. B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Easement(s) in favor of the public over any existing roads lying within said Land. 3. Reservations, exceptions and provisions contained in the patent from the United States of America, and in the acts authorizing the issuance thereof. Recording Date: November 23, 1921 Recording No: in Book 8, Page 204 of Patents 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Southern California Telephone Company Purpose: utilities Recording Date: July 10, 1933 Recording No: in Book 131, Page 119 of Official Records The exact location and extent of said easement is not disclosed of record. 5. Discrepancies, conflicts in boundary lines;sliortage in area, encroachments, or any other matters shown on Recording No: in Book 33, Page 45 of Record of Surveys END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE `NOTES AND REQUIREMENTS SECTION"WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION CLTA Preliminary Report Form - Modified (11-17-06) Page 5 File No: 616670023 REQUIREMENTS SECTION: NONE CLTA Preliminary Report Form - Modified (11-17-06) Page 6 File No: 616670023 INFORMATIONAL NOTES SECTION Note No. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. Note No. 2: California insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbuisement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, arry benefit received by the company. Those benefits may include, without limitation., credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. For wiring Instructions please contact your Title Officer or Title Company Escrow officer. Note No. 3: Lawyers Title is a division of Commonwealth Land Title Insurance Company. The insurer in policies of title insurance, when issued in this transaction, will be Commonwealth Land Title Insurance Company. Note No. 4: The Company requires current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: a) If the Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal iwld the lender may have stipulated. b) If the Company cannot obtain a verbal update on the demand, we will either pay off the expired demand or wait for the amended demand, at our discretion. c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure the check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). CLTA Preliminary Report Form - Modified (11-17-06) Page 7 File No: 616670023 Note No. 5: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: 669-070-003-7 Fiscal Year: 2015-2016 15t Installment: $177.26 2nd Installment: $177.26 Exemption: -0- Code Area: 011-092 Processor: cph / cph / cph Date Typed: January 11, 2016 / January 22, 2016 / August 17, 2016 CLTA Preliminary Report form - Modified (11-17-06) Wage 8 File No: 616670023 Attachment One(Revised 06-05-14) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY— 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage rrf this policy and the Company will not pay loss or damage,costs, attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building or zoning laws,ordinances,or regulations) restricting,regulating,prohibiting or relating(i)the occupancy,use,or enjoyment of the land;(it)the character,dimensions or location ofany improvement now or hereafter erected on the land;(in)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred print to Dancer Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters. (a) whether or not recorded in the public records at Date of Policy, bur created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (e) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy 4. Unenforeeability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indeblednes,,to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage. r claim thereof.which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any cxmsumei credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws EXCEPTIONS FROM COVERAGE—SCHEDULE R,PART I This policy does not insure against loss or damage(and the Company will not pay costs,attorneys' fees or expenses)which arise by reason of. I. Taxes or assessments which are not shown as existing Lens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession theicof. 3. Easements,liens or encumbrances,or claims thereof,not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage is area,encroachments,or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims (b)reservations or exceptions in parents or in Acts authorizing the issuance thereof. (c)water rights, claims or title to water,whether or not the matters excepted under(a)..(b)or(c)are shown by the public records. 6. Any lien or right to a lien for services,labor or material not shown by the public records. Attachment One(6-5-14)®Callfornia Land Title Association.All rights reserved_ The use of this Form is restricted to CLTA subscribers in good standing as of the dale of use.All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 616670023 CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE(12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B,You are not insured against loss,costs,aoomeys'fees,and expenses resulting from. I- Governmental police power,and the existence or violation ofthose portions of any law or government regulation concerning. a. building; b. zoning, cl land use; d. improvements on the Land, e. land division;and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19,20,23 or 2T 2. The failure of Your existing structures, or any part of Ihem, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks.. a, that are created,allowed,or agreed to by You,whether or not they are recorded in the Public Records; b, that are Known to You at the Policy Date,but not to Us,unless they are recorded in the Public Records at the Policy Date, C. that result in no loss to You;or d. that first occur after the Policy Date-this does not limit the cover ge described in Covered Risk 7,8.e.,25,26,27 or 28. 5. Failure to pay value for Your Title. 6. Lack of right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b, in streets,alleys,or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 1 I or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency,or similar creditors'rights lawn. 8. Contamination,explosion,fire,flooding,vibration,fracturing,earthquake,or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals,water,or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows. • For Covered Risk 16, 18, 19, and 21 Your Deductibm Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limns shown on Schedule A are as follows Our Maximum Dollar Your Deductible Amount Limit of Liability 1 00%of Policy Amount Shown in Schedule A or$2,500.00 Covered Risk 16'. (whichever is less) $ 10,000,00 1 00%of Policy Amount Shown in Schedule A or$5,000.00 Covered Risk 18'. (whichever is less) $25,000,00 1 00%of Policy Amount Shown in Schedule A or$5.000 00 Covered Risk 19. (whichever is less) $25,000,00 1.00%co Policy Amount Shown in Schedule A or$2,500.00 Covered Risk 21, (whichever is less) $5,000.00 Attachment One(6-5-14) ©California land Title Association.All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use.All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 616670023 2006 ALTA LOAN POLICY(06-17-06) EXCLUSIONS FROM COVERAGE 'fhe following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage,costs, attorneys'fees,or expenses that arise by reason of I. (a) Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions,or location of any improvement erected on the Land, (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations. This Exclusion I(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power.This Exclusion i(b)does not modify or limit the coverage provided under Covered Risk 6 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy, (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforeeability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws ofthe state where the Land is situated. 5. Invalidity or unenforecability in whole or in pan of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage,is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 13(b)ormis policy - 7. Any lien on the lifle for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk II(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage. EXCEPTIONS FROM COVERAGE Except as provided in Schedule B-Part 11,this policy does not insure against loss or damage,and the Company will not pay costs, attorneys'fees or expenses,that arise by reason of. PART The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;(b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2. Any facts,rights,interests,or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements,liens or encumbrances,or claims thereof,not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circurmtance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof,(c)water rights, claims or title to water,whether or not the matters excepted under(a),(b).or(c)are shown by the Public Records. 6. Any lien or right to a lien for services,labor or material not shown by the Public Records. PART 11 In addition to the matters set forth in Part 1 of this Schedule,the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien ofthe Insured Mortgage: Attachment One(6-5-14) m California Land Title Association.All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use.All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 616670023 2006 ALTA OWNER'S POLICY(06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded tram the coverage of this policy,and the Company will not pay loss or damage,costs, attorneys'fees,or expenses that arise by reason of 1. (a) Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting, regulating, prohibiting,or relating to (i) the occupancy,use,or enjoyment of the lard, (if) the character,dimensions,or location of any improvement erected on the Land; (in) the subdivision of land,or (iv) environmental protection, or the effect of any violation of these laws,ordinances,or governmental regulations. This Exclusion l(a)does not modify or limit the coverage provided under Covered Risk 5 (b) Any governmental police power. This Exclusion l(b)does not modify or limit the coverage provided under Covered Risk 6, 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant, (d) attaching or created subsequent to Date of Policy(however,tilts does not modify or limit the coverage provided under Covered Risk 9 and 10);or (e) resulting in loss or damage that would not have been sustained ifthe Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not staled in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either$tandard Cevemge.or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard(average policy will also include the following Exceptions from Coverage' EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs,attorneys' fees or expenses, that arise by reason of The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage pulley will also include the following Exceptions from Coverage I (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;(b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2. Any facts,rights,interests,or claims that are not shown in the public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements,liens or encumbrances,or claims thereof,not shown by the public Records - 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title [hat would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights, claims or title to water,whether or not the matters excepted under(a),(b),or(c)are shown by the Public Records. 6. Any lien or right to a lien for services,labor or material not shown by the Public Records. 7. Variable exceptions such as taxes,easements,.CC&R's,etc shown here Attachment One(6-5-14) ©California Land Title Association.All rights reserved. The use of this Form Is restricted to CLTA subscribers in good standing as of the date of use.All other uses are prohibited. Reprinted under license or express permission from the Califomia Land Title Association. File No: 616670023 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs, attorneys'fees or expenses which arise by reason of. I. (a) Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to (i) the occupancy,use,or enjoyment of the Land, (ii) the character,dimensions,or location of any improvement erected on the Land; (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations. This Exclusion I(a)does not modify or limil the coverage provided under Covered Risk 5,6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion I(b)does not modify or limit the coverage provided under Covered Risk 5,6, 13(c),13(d), 14 or 16. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Dale of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the In cured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19,20,21,22,23,24,27 or 28),or (a) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability,of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws ofthe state where the Land is situatW. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury,or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11 7. Any hen on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy.This Exclusion does not modify or limit the coverage provided in Covered Risk I I(b)or 25. 8. The failure of the residential structure,or any portion of it,to have been constructed before,on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim,by reason of the operation of federal bankruptcy, state insolvency,or similar creditors' rights laws,that the transaction creating the lien of the Insured Mortgage,is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 27(b)of this policy. 10, Contamination,explosion,fire,flooding,vibration,fracturing,earthquake,or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals,water,or any other substances. Attachment One(6-5-14) ©California Land Title Association.All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use.All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 616670023 T c T } Lawyers Title Company A. Lawy�irs l ll �✓ 3480 Vine Street Suite 300 - Riverside, CA 92507 Phone: (951) 774-0825 Fax: ( ) Order No. 616670023 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability cf one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company FNF Underwriter LTC - Lawyers Title Company CLTIC - Commonwealth Land Title Insurance Co. Available Discounts DISASTER LOANS (CLTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Notice of Available Discount Mod. 10/21/2011 CLTA Preliminary Report Form - Modified (11-17-06) Page 14 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc. and its ma;ority-owned subsidiary companies (collectively, "FNF", "our" or"we"), we value the privacy of our customers. This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information. A summary of our privacy practices is below. We also encourage you to read the complete Privacy Notice following the summary Types of Information Collected. You may provide How Information is Collected. We may collect us with certain personal information, like your contact personal information directly from you from information, social security number (SSN), driver's applications,forms, or communications we receive license, other government ID numbers, and/or financial from you, or from other sources on your behalf, in information. We may also receive information from your connection with our provision of products or services to Internet browser,computer and/or mobile device. you. We may also collect browsing information from your Internet browser, computer, mobile device or similar equipment. This browsing information is generic and reveals nothing personal about the user. Use of Your Information.We may use your Security Of Your Information. We utilize a information to provide products and services to you (or combination of security technologies, procedures and someone on your behalf), to improve our products and safeguards to help protect your information from services, and to communicate with you about our products unauthorized access, use and/or disclosure.We and services. We do not give or sell your personal communicate to our employees about the need to information to parties outside of FNF for their use to protect personal information. market their products or services to you. Choices With Your Information.Your decision to submit When We Share Information. We may disclose personal information is entirely up to you. You can opt-out your information to third parties providing you of certain disclosures or use of your information or choose products and services on our behalf, law to not provide any personal information to us. enforcement agencies or governmental authorities, as required by law,and to parties with whom you authorize us to share your information. Information From Children. We do not knowingly Privacy Outside the Website. We are not collect information from children under the age of 13, and responsible for the privacy practices of third parties, our websites are not intended to attract children. even if our website links to those parties'websites. Access and Correction. If you desire to see Do Not Track Disclosures. We do not recognize "do the information collected about you and/or correct any not track"requests from Internet browsers and similar inaccuracies, please contact us in the manner specified in devices. this Privacy Notice. The California Online Privacy Protection Act. International Use. By providing us with your Certain FNF websites collect information on behalf of information, you consent to the transfer, processing mortgage loan servicers. The mortgage loan servicer is and storage of such information outside your country responsible for taking action or making changes to any of residence, as well as the fact that we will handle consumer information submitted through those websites. such information consistent with this Privacy Notice. Your Consent To This Privacy Notice. By Contact FNF. If you have questions or wish to submitting information to us and using our websites, you contact us regarding this Privacy Notice, please are accepting and agreeing to the terms of this Privacy use the contact information provided at the end of Notice. this Privacy Notice. FNF respects and is committed to protecting your We may collect Browsing Information from you as follows: privacy. We pledge to take reasonable steps to protect Browser Loa Files. Our servers automatically log, collect your Personal Information (as defined herein) and to and record certain Browsing Information about each ensure your information is used in compliance with this visitor to the Website. The Browsing Information includes Privacy Notice. only generic information and reveals nothing personal about the user. This Privacy Notice is only in effect for information Cookies. From time to time, FNF may send a "cookie" to collected and/or owned by or on behalf of FNF, including your computer when you visit the Website. A cookie is a collection through any FNF website or online services small piece of data that is sent to your Internet browser offered by FNF (collectively, the "Website"), as well as from a web server and stored on your computer's hard any information collected offline (e.g., paper drive. When you visit the Website again, the cookie allows documents). The provision of this Privacy Notice to you the Website to recognize your computer, with the goal of does not create any express or implied relationship, nor providing an optimized user experience. Cookies may create any express or implied duty or other obligation, store user preferences and other information. You can between FNF and you. choose not to accept cookies by changing the settings of Types of Information Collected your Internet browser. If you choose not to accept We may collect two types of information: cookies, then some functions of the Website may not Personal Information and Browsing Information. work as intended. Use of Collected Information Personal Information. The types of personal information Information collected by FNF is used for three FNF collects may include, but are not limited to: main purposes: • contact information (e.g., name, address, phone • To provide products and services to you, or to one or number, email address); more third party service providers who are performing • social security number (SSN), driver's license, and services on your behalf or in connection with a other government ID numbers; and transaction involving you; • financial account or loan information. • To improve our products and services; and Browsing Information. The types of browsing • To communicate with you and to inform you about FNF's information products and services. FNF collects may include, but are not limited to: When We Share Information • Internet Protocol (or IP) address or device We may share your Personal Information ID/UDID, protocol and sequence information; (excluding • browser language; information we receive from consumer or other credit • browser type; reporting agencies) and Browsing Information with certain • domain name system requests; individuals and companies,as permitted by law, without first • browsing history; obtaining your authorization. Such disclosures may include, • number of clicks; without limitation, the following: • hypertext transfer protocol headers; and • to agents, representatives, or others to provide you • application client and server banners. with services or products you have requested, and to enable us to detect or prevent criminal activity, fraud, or Now Information is Collected material misrepresentation or nondisclosure; In the course of our business, we may collect • to third-party contractors or service providers who provide services or perform other functions on our behalf; Personal • to law enforcement or other governmental authority Information about you from the following in connection with an investigation, or civil or criminal sources: subpoenas or court orders; and/or • applications or other forms we receive from you or • to other parties authorized to receive the information your authorized representative, whether electronic or in connection with services provided to you or a transaction involving you. paper; • communications to us from you or others; • information about your transactions with, or services performed by, us, our affiliates or others; and • information from consumer or other reporting agencies and public records that we either obtain directly from those entities, or from our affiliates or others. We may disclose Personal Information and/or Browsing Privacy Outside the Website Information when required by law or in the good-faith The Website may contain links to other websites, belief that such disclosure is necessary to: including links to websites of third party service • comply with a legal process or applicable laws; • enforce this Privacy Notice; providers. FNF is not and cannot be responsible for the • investigate or respond to claims that any privacy practices or the content of any of those other information provided by you violates the rights of a websites. third party; or • protect the rights, property or personal safety of International Users FNF, its users or the public. Because FNF's headquarters is located in the United We make efforts to ensure third party contractors and States, we may transfer your Personal Information service providers who provide services or perform and/or Browsing Information to the United States. By functions on our behalf protect your information. We using our website and providing us with your Personal limit use of your information to the purposes for which Information and/or Browsing Information, you the information was provided. We do not give or sell your information to third parties for their own direct understand and consent to the transfer, processing marketing use. and storage of such information outside your country of residence, as well as the fact that we will handle We reserve the right to transfer your Personal such information consistent with this Privacy Notice. Information, Browsing Information, as well as any other information, in connection with the sale or other Do Not Track Disclosures disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, Currently, our policy is that we do not recognize"do not reorganization, insolvency, receivership or an track" requests from Internet browsers and similar assignment for the benefit of creditors. You expressly devices. agree and consent to the use and/or transfer of this information in connection with any of the above- described proceedings. We cannot and will not be The California Online Privacy Protection Act responsible for any breach of security by any third For some websites which FNF or one of its companies party or for any actions of any third party that owns, such as the Customer CareNet ("CCN"), FNF is receives any of the information that is disclosed to us. acting as a third party service provider to a mortgage Cheices With Your Information loan servicer. In those instances, we may collect certain Whether you submit your information to FNF is entirely information on behalf of that mortgage loan servicer, up to you. If you decide not to submit your including: first and last name; information, FNF may not be able to provide certain . property address; products or services to you. You may choose to . user name and password; prevent FNF from using your information under • loan number; certain circumstances ("opt out"). You may opt out social security number- masked upon entry; of receiving communications from us about our email address; security questions and answers; and products and/or services. • IP address. Security And Retention Of Information The information you submit is then transferred to your FNF is committed to protecting the information you mortgage loan servicer by way of CCN. The mortgage share with us and utilizes a combination of security loan servicer is responsible for taking action or technologies, procedures and safeguards to help making changes to any consumer information submitted through this website. For example, if protect it from unauthorized access, use and/or you believe that your payment or user disclosure. FNF trains its employees on privacy information is incorrect, you must contact your practices and on FNF's privacy and information mortgage loan servicer. security policies. FNF works hard to retain information CCN does not share consumer information with third related to you only as long as reasonably necessary for parties, other than those with which the mortgage loan business and/or legal purposes. servicer has contracted to interface with the CCN application. All sections of this Privacy Notice apply to Infermatien From Children your interaction with CCN, except for the sections titled The Website is meant for adults. The Website is not Choices with Your Information, and Access and Correction. If you have questions regarding the choices intended you have with regard to your personal information or or designed to attract children under the age of how to access or correct your personal information, thirteen (13). We do Dot collect Personal Information contact your mortgage loan servicer. from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. Access and Correction Contact FNF To access your Personal Information in the Please send questions and/or comments related to possession of FNF and correct any inaccuracies, this please contact us by email at priyacy0 of corn or Privacy Notice by email at privacy(a)fnf.com or by mail at; by mail at: Fidelity National Financial, Fidelity National Financial, Inc. Inc. 601 Riverside Avenue 601 Riverside Jacksonville, Florida 32204 Avenue Attn: Chief Privacy Officer Jacksonville, Florida 32204 Your Consent To This Attn: Chief Privacy Privacy Notice Officer By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of information by FNF in Copyright© 2016. Fidelity National Financial, Inc. compliance with this Privacy Notice. We reserve the All Rights right to make changes to this Privacy Notice. if we Reserved. change this Privacy Notice, we will post the revised version on the Website. EFFECTIVE AS OF APRIL 1, 2016 L4KrtN Buyouo 'IIFJ'�luM NKS' a� we [B9d�.'B dYN S.tl055365V - — lo�eLlurwurumrow w�unnaas �suvxm of p Z1 S M t0a i de aoz=.L ?6 LLA HIS MAP SH LD BE USED FOR REFERE PURPOSES ONLY.NO LIABILITY cm ea aru SLM4Z wo-to IS ASSUM FOR THE ACCURA49AIMyP J)HOWN.PARCELS MAY NOT Ualm C PLY WITH LOCAL§UBDIVISION OR BUILDING ORDINANCES. LO 699 ao-twmu 3W'd SS7 ZZ 03S t L 3N Z!L S L" Project: Indian Cyn. Drive Widening and Bridge Replacement @ UPRR Project No.. Federal Project No. BRLO 5282 (017), City Project No. 01-11 �`� �� APN: 669-070-003 W RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL PROPERTY INTEREST AND ESCROW INSTRUCTIONS THIS RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL PROPERTY INTEREST AND ESCROW INSTRUCTIO S ( "Agreement"), dated and entered into for solely for reference purposes as of 11` 20_W by and between the CITY OF PALM SPRINGS, a California arter city and municipal corporation ("Buyer") and Mary Sheila Comeau, Anita Comeau and Michele Comeau, as Trustees of the J. Laurent Leger Comeau and Mary Sheila Comeau Revocable Living Trust dated March 13, 1990 — Survivor's Trust, as to an undivided 1/3 interest; Mark E. Fredenburg and Elizabeth J. Fredenburg, Trustees of the Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 1/3 interest; and Heather Jacques Brown and Stephen G. Brown , Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to an undivided 113 interest (collectively, "Seller"), with reference to the following facts: RECITALS A. Seller is the owner of certain real property comprised of approximately twelve thousand four hundred sixty-one (12,461) square feet, located in the City of Palm Springs (the "City"), the County of Riverside (the "County"), State of California (the "State"), which is a portion of Assessor's Parcel No. 669-070-003, more particularly described on Exhibit A and shown on Exhibit B attached hereto (the "Easement Area"). B. Seller desires to convey to Buyer and Buyer desires to acquire from Seller a non-exclusive slope easement ("Easement") to the Easement Area, in accordance with the terms and conditions contained in this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by Seller, Buyer and Seller (hereinafter collectively referred to as the "parties", or individually as a "party") hereby agree as follows: AGREEMENT 1. PURCHASE AND SALE. 1.1. Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to acquire and purchase from Seller, a non-exclusive slope easement for grading (cutting into and filling over existing ground) and appurtenant uses, together with the right to construct, maintain, repair, and use the slope constructed for the benefit of Grantee, in, 1 1116419.1 on, under, over and across the real property in the Easement Area as such area, scope and use is more particularly described in the Grant of Easement attached hereto as Exhibit C the "Easement"), which Exhibits A and B attached hereto that define the Easement Area shall be made a part of. 1.2. Purchase Price. The purchase price ("Purchase Price") for the Easement shall be Twenty-One Thousand One Hundred Eighty-Four dollars and no cents ($21,184) payable as cash at the Close of Escrow as defined and provided for herein. 2. ESCROW AND CLOSING. 2.1. Ooenino of Escrow. Within fourteen (14) business days after execution of this Agreement by the last of Seller or Buyer, Buyer shall open an escrow (the "Escrow") with Lawyers Title & Escrow, at the address set forth in Section 7.12 ("Escrow Holder"), by depositing with Escrow Holder this Agreement fully executed, or executed counterparts hereof. The date this fully executed Agreement is signed and accepted by Escrow Holder on the last page hereof shall be deemed the "Opening of Escrow" and Escrow Holder shall advise Buyer and Seller of such date in writing. The escrow instructions shall incorporate this Agreement as part thereof and shall contain such other standard and usual provisions as may be required by Escrow Holder, provided, however, that no escrow instructions shall modify or amend any provision of this Agreement, unless expressly set forth in writing by mutual consent of Buyer and Seller. In the event there is a conflict between any such standard or usual provisions and the provisions of this Agreement, the provisions of this Agreement shall control. 2.2. Escrow Fees and Other Charges. At the Close of Escrow, Buyer agrees to pay all of Seller's and Buyer's usual fees, charges and costs incidental to the conveyance of the Easement and Close of Escrow that may arise in this Escrow, including, but not limited to, any costs for the Standard Coverage Policy (defined below) or if elected, an ALTA Extended Coverage Owner's Policy. 2.3. Closing Date: Conditions Precedent to Close of Escrow. Provided all of the conditions set forth in this Section 2.3 have been satisfied (or are in a position to be satisfied concurrently with the Close of Escrow), the Close of Escrow shall occur on or before September 1, 2016, (the "Closing Date"). As used in this Agreement, the "Close of Escrow" shall mean the date a Grant of Easement, as provided in Section 2.4.2(a) hereof ("Grant of Easement"), is recorded in the Official Records of the County. 2.3.1 Conditions of Buyer for Close of Escrow. The Close of Escrow and Buyer's obligation to purchase the Easement are subject to the satisfaction of the following conditions or Buyer's written waiver of such conditions, on or before the Closing Date. Buyer may waive in writing any or all of such conditions in its sole and absolute discretion. (a) The Purchase Price shall have been adjusted in accordance with this Agreement and a closing statement duly executed by Seller setting forth the Purchase Price and any adjustments thereto; 2 1116419.1 (b) Seller shall have performed all obligations to be performed by Seller pursuant to this Agreement; (c) No event or circumstance shall have occurred, which, in the sole opinion of Buyer, would make any of Seller's representations, warranties and covenants set forth herein untrue as of the Close of Escrow, including, but not limited to, those warranties and representations of Seller set forth in Sections 3.4 and 4.1 of this Agreement; (d) There shall have occurred no material adverse change in the physical condition of the Easement Area (such as those caused by natural disasters), which, in the sole opinion of Buyer, would render the Easement Area unsuitable for Buyer's intended use, materially increase the cost, or cause a material delay in the schedule for the development of the Easement Area; (e) The Title Company shall be committed to issue to Buyer, as of the Closing Date, the Title Policy (defined below) covering the Easement Area, subject only to the Permitted Exceptions. (f) Seller shall have executed and submitted to Escrow Holder the Affidavit of Non-Foreign Status By Transferor(Exhibit D) (g) Seller shall have caused any lien or charge of any deed of trust that encumbers the Easement Area to be subordinated to the rights of Buyer under the terms of the Easement. 2.3.2 Conditions of Seller for Close of Escrow. The Close of Escrow and Seller's obligation to sell and convey the Easement are subject to the satisfaction of the following conditions or Seller's written waiver of such conditions on or before the Closing Date. Seller may waive in writing any or all of such conditions as a condition to the Close of Escrow in its sole and absolute discretion. (a) The Purchase Price shall have been adjusted in accordance with this Agreement and a closing statement duly executed by Buyer setting forth the Purchase Price and any adjustments thereto; (b) Buyer shall have performed all obligations to be performed by Buyer pursuant to this Agreement; (c) No event or circumstance shall have occurred which would make any of Buyer's representations, warranties, and covenants set forth herein untrue as of the Close of Escrow including, but not limited to, those warranties and representations of Buyer set forth in Section 4.2 of this Agreement. 2.3.3 Waiver of a Condition Does Not Excuse Performance. If any condition precedent to the Close of Escrow is expressly waived, in writing, as a condition to the Close of Escrow by the party for whose benefit such condition exists, then, to the extent such condition is capable of being satisfied following the Close of Escrow, such condition shall become a condition subsequent to the Close of Escrow and shall be satisfied by the party 3 1116419.1 whose performance is required to satisfy such condition as soon as reasonably possible following the Close of Escrow. 2.4. Closing Documents. The parties shall deposit the following with Escrow Holder prior to the Close of Escrow. 2.4.1 Buyer's Deposits. Buyer shall deposit: (a) The Purchase Price together with Buyer's escrow and other cash charges; and (b) A Certificate of Acceptance for the Grant of Easement executed by the City Clerk of the City of Palm Springs (See, Exhibit C). 2.4.2 Seller's Deposits. Seller shall deposit: (a) The Grant of Easement in the form of Exhibit C attached hereto, appropriately executed to convey the Easement subject only to the Permitted Exceptions (defined below); (b) Subject to Section 2.5.1 below, an executed Affidavit of Non-foreign Status in the form of Exhibit D attached hereto and such other documentation necessary to exempt Seller from the withholding requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder; and (c) Subject to Section 2.5.1 below, a Withholding Exemption Certificate Form 593 as contemplated by California Revenue and Taxation Code §18662 (the "Withholding Affidavit") duly executed by Seller. 2.4.3 Deposits of Additional Instruments. Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to proceed to the Close of Escrow and consummate the grant of the Easement in accordance with the terms of this Agreement. 2.5. Closing. 2.5.1 Withholding. In the event that, pursuant to Section 2.4.2(b) above, Seller fails to deposit with Escrow Holder the executed Affidavit of Non-foreign Taxpayer Status which exempts Seller from the withholding requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder, Seller hereby authorizes Escrow Holder to withhold ten percent (10%) of the Purchase Price less any applicable closing costs and to report and transmit the withheld amount to the Internal Revenue Service. Additionally, in the event that, pursuant to Section 2.4.2(c) above, Seller fails to deposit with Escrow Holder any applicable tax document which exempts Buyer from California withholding requirements, if any, Seller hereby authorizes Escrow Holder to withhold such additional percentage of the Purchase Price of the Easement as is required by California law, and Escrow Holder shall report and transmit the withheld amount in the manner required by California law. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be responsible for all withholding obligations 4 1116419.1 imposed pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder and under any similar provisions of California law, and shall defend, indemnify and hold Buyer harmless in connection with such obligations. 2.5.2 Necessary Actions of Escrow Holder. On the Close of Escrow, Escrow Holder shall in the following order: (i) record the Grant of Easement and Certificate of Acceptance in the Office of the County Recorder of the County; (ii) pay any transfer taxes; (iii) instruct the County Recorder to return the Grant of Easement to Buyer; (iv) distribute to Seller the Purchase Price; and (v) deliver to Buyer the Title Policy covering the Easement Area subject only to the Permitted Exceptions, the Affidavit of Non-foreign Status, and the applicable California withholding exemption form, if any. 2.5.3 Real Estate Taxes. Seller shall pay real property taxes at the Close of Escrow, paid through Escrow proceeds, based on the most current real property tax bill available, including any additional property taxes that may be assessed after the Close of Escrow but that relate to the period prior to the Close of Escrow, regardless of when notice of those taxes is received or who receives the notice. Seller may seek reimbursement from the Riverside County Tax Assessor's office for any property taxes that have been assessed for a period after the Close of Escrow as Buyer is a public agency exempt from payment of such taxes. Buyer further agrees to cooperate with Seller to provide any necessary information to the Assessor's office in connection with such request for refund. 2.6. Failure to Close: Termination. 2.6.1 Neither Party in Default. In the event that any condition set forth in Section 2.3 (and its subdivisions) is not satisfied or waived, in writing, and the Close of Escrow does not occur within the time required herein due to the failure of such condition or the Close of Escrow does not occur within the time frame required herein for any reason other than Seller's or Buyer's breach of or default of its respective obligations hereunder, or if this Agreement is terminated without default by either party as otherwise set forth herein, then Escrow Holder, with no further instructions from the parties hereto, shall return to the depositor thereof any funds, or other materials previously delivered to Escrow Holder, the Escrow shall be automatically terminated and of no force and effect, Buyer shall pay any Escrow termination fees, and except as otherwise provided herein the parties will have no further obligation to one another. 3. ACTIONS PENDING CLOSING. 3.1. Title Review. 3.1.1 Title Report. Within three (3) business days after the Opening of Escrow, Lawyers Title & Escrow (the "Title Company") will furnish Buyer with an updated Title Commitment on the Easement Area together with legible copies of all documents referenced therein as exceptions to title and a plot plan for the Easement Area showing all the locations of all easements referenced therein (collectively, the 'Title Commitment"). 3.1.2 Title Notices. Buyer shall have ten (10) business days after its actual receipt of the Title Commitment to deliver to Escrow Holder written notice (the "Preliminary Title Notice") of Buyer's approval, conditional approval, or disapproval of the title exceptions and other matters disclosed in the Title Commitment. All title exceptions not timely approved 5 11164121 by Buyer will be deemed disapproved. All such exceptions and other matters disapproved by Buyer are referred to herein as "Disapproved Exceptions". It shall be the sole responsibility of Buyer to work with the Title Company to remove any Disapproved Exceptions, and if unsuccessful shall either purchase the Easement subject to the Disapproved Exceptions or terminate the Agreement. 3.1.3 Permitted Exceptions. "Permitted Exceptions" shall mean all exceptions appearing on the Title Commitment which are: (i) standard printed exceptions in the Title Policy issued by Title Company; (ii) general and special real property taxes and assessments, a lien not yet due and payable; and (iii) any other liens, easements, encumbrances, covenants, conditions and restrictions of record approved, or expressly waived by Buyer pursuant to this Section 3.1. 3.2. Title Policy. Buyer's obligation to proceed to the Close of Escrow shall be conditioned upon the commitment by Title Company to issue an ALTA Standard Coverage Owner's Policy of Title Insurance (the "Standard Coverage Policy"), showing title to the Easement Area vested in Buyer with liability equal to the Purchase Price, subject only to the Permitted Exceptions. At Buyer's option, Buyer may require an ALTA Extended Coverage Owner's Policy instead of the Standard Coverage Policy provided that Buyer pays any additional premium on account thereof. The form of title policy selected by Buyer shall be referred to herein as the "Title Policy". 3.3. Possession and Use. It is mutually understood and agreed by and between the parties hereto that the right of possession and use of the Easement Area and Easement by the Buyer, including the right to remove and dispose of improvements, shall commence upon the execution of this Agreement by Seller. The Purchase Price includes, but is not limited to, full payment for such improvements and possession and use of the Easement Area. 3.4. Seller's Covenant Not to Further Encumber the Easement Area. Seller shall not, directly or indirectly, alienate, encumber, transfer, option, lease, assign, sell, transfer or convey its interest or any portion of its interest in the Easement Area, or any portion thereof, or enter into any agreement to do so, so long as this Agreement is in force. Seller shall timely discharge, prior to the Closing, any and all obligations relating to work performed on or conducted at or materials delivered to or for the Easement Area from time to time by Seller, or at Seller's direction or on its behalf, in order to prevent the filing of any claim or mechanic's lien with respect to such work or materials. 4. REPRESENTATIONS, WARRANTIES AND COVENANTS. 4.1. Seller's Representations. Warranties and Covenants. In addition to the representations, warranties, and covenants of Seller contained in other sections of this Agreement, Seller hereby represents, warrants and covenants to Buyer as follows, all of which shall survive the Close of Escrow: 4.1.1 Seller's Authority. Seller has the capacity and full power and authority to enter into and carry out the agreements contained in, and the transactions contemplated by, this Agreement, and that this Agreement has been duly authorized and executed by Seller, and upon delivery to and execution by Buyer, shall be a valid and binding agreement of Seller. 6 1116419.1 4.12 Leases. There are no leases, rental agreements, or other such contracts of any kind or nature affecting possession or occupancy of the Easement Area, and Seller shall not enter into any such contracts during the terms of this Agreement without the prior consent of Buyer. 4.1.3 No Liens and Subordination. Seller warrants that at the time of the Close of Escrow, Seller shall have caused any lien and charge of any deed of trust that encumbers the Easement Area to be subordinated to the rights of Buyer under the terms of the Easement. 4.1.4 No Untrue Statements or Omissions of Fact. Each of the representations and warranties made by Seller in this Agreement, or in any exhibit, or on any document or instrument delivered pursuant hereto shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement, are conditions precedent to the Close of Escrow. Seller shall immediately notify Buyer of any fact or circumstance which becomes known to Seller which would make any of the representations or warranties in this Agreement untrue. 4.2. Buyer's Representations and Warranties. Buyer represents and warrants to Seller as follows, all of which shall survive the Close of Escrow: 4.2.1 Buyer's Authority. Buyer has the capacity and full power and authority to enter into and carry out the agreements contained in, and the transactions contemplated by, this Agreement, and that this Agreement has been duly authorized and executed by Buyer and, upon delivery to and execution by Seller, shall be a valid and binding Agreement of Buyer. 4.2.2 No Untrue Statements or Omissions of Fact. Each of the representations and warranties made by Buyer in this Agreement, or in any exhibit or on any document or instrument delivered pursuant hereto, shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow, and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement, are conditions precedent to the Close of Escrow. Buyer shall notify Seller immediately of any facts or circumstances which are contrary to the representations and warranties contained in this Agreement. 4.3. Mutual Indemnity. Seller and Buyer shall defend, indemnify, and hold free and harmless the other from and against any losses, damages, costs and expenses (including attorneys' fees) resulting from any inaccuracy in or breach of any representation or warranty of the indemnifying party or any breach or default by such indemnifying party under any of such indemnifying party's covenants or agreements contained in this Agreement and the City further agrees to indemnify and hold harmless Grantor from any liability arising out of City's operations under this Agreement and agrees to assume responsibility for any damages proximately caused by reason of 7 11164 N,I City's operations under this Agreement and City will, at its option, either repair or pay for such damage. 5. CONDEMNATION. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation, and Seller hereby agrees and consents to the dismissal or abandonment of any eminent domain action in the Superior Court of the State of California in and for the City of Palm Springs, wherein the herein described Easement Area or Easement is included, in whole or in part, and also waives any and all claims to any money on deposit in the action and further waives all attorneys' fees, costs, disbursements, and expenses incurred in connection therewith. If, prior to the close of the execution of this transaction, Seller (or Seller's tenant) is served with a Summons and Complaint in Eminent Domain in which Seller (or Seller's tenant) is a named defendant, upon the Close of Escrow, Seller agrees and consents to Buyer taking a default in the action. Moreover, the total compensation to be paid by Buyer to Seller is for all of Seller's interest in the Easement Area or as described and set forth in the Easement and any rights which exist or may arise out of the acquisition of the Easement for public purposes, including without limitation, Seller's interest in the land and any improvements and fixtures and equipment located thereon, improvements pertaining to the realty (if any), severance damages, any alleged pre-condemnation damages, loss of business goodwill (if any), costs, interest, attorney's fees, and any claim whatsoever of Seller which might arise out of or relate in any respect to the acquisition of the Easement Area or Easement by the Buyer. The compensation paid under this Agreement does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which Seller may be entitled to receive, if any. Relocation assistance, if any, will be handled via separate Agreement. 6. BROKERS. Seller and Buyer each represents and warrants to the other that they have not dealt with or been represented by any brokers or finders in connection with the purchase and sale of the Easement and that no commissions or finder's fees are payable in connection with this transaction. Buyer and Seller each agree to indemnify and hold harmless the other against any loss, liability, damage, cost, claim or expense (including reasonable attorneys' fees) incurred by reason of breach of the foregoing representation by the indemnifying party. Notwithstanding anything to the contrary contained herein, the representations, warranties, indemnities and agreements contained in this Section 6 shall survive the Close of Escrow or earlier termination of this Agreement. 7. GENERAL PROVISIONS. 7.1. Counterparts: Facsimile Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument and any executed counterpart may be delivered by facsimile transmission with the same effect as if an originally executed counterpart had been delivered. 7.2. Further Assurances. Each of the parties agree to execute and deliver such other instruments and perform such acts, in addition to the matters herein specified, as may be appropriate or necessary to effectuate the agreements of the parties, whether the same occurs before or after the Close of Escrow. 8 1116419.1 7.3. Entire Agreement. This Agreement, together with all exhibits hereto and documents referred to herein, if any, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede all prior understandings or agreements. This Agreement may be modified only by a writing signed by both parties. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement whether or not actually attached. 7.4. Headings. Headings used in this Agreement are for convenience of reference only and are not intended to govern, limit, or aide in the construction of any term or provision hereof. 7.5. Choice of Law. This Agreement and each and every related document are to be governed by, and construed in accordance with, the laws of the State of California. 7.6. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or rendered by the adoption of a statute by the State of California or the United States invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby; provided that the invalidity or unenforceability of such provision does not materially adversely affect the benefits accruing to, or the obligations imposed upon, any party hereunder, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 7.7. Waiver of Covenants. Conditions or Remedies. The waiver by one party of the performance of any covenant, condition or promise, or of the time for performing any act, under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition or promise, or of the time for performing any other act required, under this Agreement. The exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law, and the provisions of this Agreement for any remedy shall not exclude any other remedies unless they are expressly excluded. 7.8. Legal Advice and Construction. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question. There shall be no presumption in the interpretation of this Agreement that any ambiguity is to be resolved against any party hereto. The parties waive expressly each and all provisions of California Civil Code Section 1654, which provides: "IN CASES OF UNCERTAINTY NOT REMOVED BY THE PRECEDING RULES, THE LANGUAGE OF A CONTRACT SHOULD BE INTERPRETED MOST STRONGLY AGAINST THE PARTY WHO CAUSED THE UNCERTAINTY TO EXIST." 9 1116419.1 7.9. Relationship of Parties. The parties agree that their relationship is that of Seller and Buyer, and that nothing contained herein shall constitute either party, the agent or legal representative of the other for any purpose whatsoever, nor shall this Agreement be deemed to create any form of business organization between the parties hereto, nor is either party granted the right or authority to assume or create any obligation or responsibility on behalf of the other party, nor shall either party be in any way liable for any debt of the other. 7.10. Attorneys' Fees. In the event that any party hereto institutes an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of, this Agreement, or the transactions contemplated hereby, or in the event any party is in default of its obligations pursuant thereto, whether or not suit is filed or prosecuted to final judgment, the non-defaulting party or prevailing party shall be entitled to its actual attorneys' fees and to any court costs incurred, in addition to any other damages or relief awarded. 7.11. Assignment. Neither Seller nor Buyer shall assign its rights or delegate its obligations hereunder without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement. 7.12. Notices. No notice, request, demand, instruction, or other document to be given hereunder to any Party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon such delivery), delivered by air courier next- day delivery (e.g. Federal Express), delivered by mail, sent by registered or certified mail, return receipt requested, or sent via telecopier, as follows: If to Buyer, to: City Manager & City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Facsimile No.: (760) 323-8204 Telephone No.: (760) 323-8332 With a copy to: City Attorney c/o Woodruff, Spradlin & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, CA 92626 Facsimile No.: (714) 835-7787 Telephone No.: (714) 558-7000 If to Seller, to: Mark E & Elizabeth Fredenburg and Heather Jacques Brown, et al. 10000 Tilton Mine Rd Redding, CA 96001 10 116419.1 If to Escrow Holder, to: Kimberly Rogers Lawyers Title & Escrow 777 E. Tahquitz Canyon Way Palm Springs, CA 92262 Facsimile No.: (866) 350-3317 Telephone No.: (760) 327-6523 Notices delivered by air courier shall be deemed to have been given the next business day after deposit with the courier and notices mailed shall be deemed to have been given on the second business day following deposit of same in any United States Post Office mailbox in the state to which the notice is addressed or on the third business day following deposit in any such post office box other than in the state to which the notice is addressed, postage prepaid, addressed as set forth above. Notices sent via telecopy shall be deemed delivered the same business day transmitted if done so before 4:00 p.m., otherwise delivery shall be considered to be on the next business day. The addresses, addressees, and telecopy numbers for the purpose of this Paragraph, may be changed by giving written notice of such change in the manner herein provided for giving notice. Unless and until such written notice of change is received, the last address, addressee, and telecopy number stated by written notice, or provided herein if no such written notice of change has been received, shall be deemed to continue in effect for all purposes hereunder. 7.13. Survivability. All covenants of Buyer or Seller which are intended hereunder to be performed in whole or in part after Close of Escrow and all representations, warranties, and indemnities by either Party to the other, shall survive Close of Escrow and delivery of the Grant of Easement, and be binding upon and inure to the benefit of the respective Parties. 7.14. Release. The total compensation to be paid by Buyer for the Easement is the Purchase Price, which consideration covers any and all land and improvements, attached or detached furniture, fixtures and equipment, loss of business goodwill, and is the full and complete acquisition cost of the Easement. Buyer shall have no obligation to Seller under the California Relocation Assistance and Real Property Acquisition statutes and guidelines. Except for any breach of terms or conditions contained in this Agreement, Seller waives and forever releases Buyer, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on Buyer's behalf, of and from any and all claims, demands, actions or causes of action, obligations, liabilities, or claims for further compensation, known or unknown, based upon or relating to the facts or allegations and circumstances arising from Buyer's acquisition of the Easement. By such release, Seller expressly waives its rights, if any, under California Civil Code Section 1542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HIS SETTLEMENT WITH THE DEBTOR." 11 1116419.1 7.15 City Council Aooroval of Agreement. This Agreement is subject to the approval of the Buyer's City Council. If this Agreement remains unapproved by the Buyer's City Council then the parties will have no further obligation under this Agreement. If Buyer's City Council approves this Agreement within less than thirty (30) days of the Closing Date set forth herein, the parties agree to extend the Closing Date for an additional thirty (30) days. [SIGNATURE PAGE FOLLOWS] 12 11164M1 IN WITNESS WHEREOF, the parties have executed this Agreement, which shall only become effective as of the day and year the last of the parties set forth below signs this Agreement. BUYER . SELLER CITY OF PALM SPRINGS, a California Mary Sheila Comeau, Anita Comeau and charter city and municipal corporation Michele Comeau, as Trustees of the J. Lau ent Leger Comeau and Mary Sheila meau Revocable Living Trust dated B C March 13, 1990 - Survivor's Trust, as to an A David H. Ready undivided 1/3 interest; Mark E. Fredenburg City Manager and Elizabeth J. Fredenburg, Trustees of Dated:a-7 f„J-1 z.o,t- the Fredenburg Revocable Living Trust dated September 30, 1993, as to an Attest: undivided 1/3 interest; and Heather Jacques Brown and Stephen G. Brown , Trustees of the Heather Jacques Brown J s Thompson and Stephen G. Brown Revocable Living y Clerk Trust dated January 10, 1995, as to an Dated. n-T r�zo c undivided 1/3 interest By: Sl p;j4 Camp u Approved as to form by: Mary Sheild Comeau, Trustee Date L/16/1C, WOODRUF SPRADLIN & SMART A omea Trustee By: Dated: Douglas . Holland, Esq. - ) �` / r City Attorney By: " �' ,O(e 'i tC �J 1 Michele Co eau Trustee Dated: Cc�! APPROVED BY CITY COUNCIL By: a.X F— / / is r✓ �t C- !_ 1c6 `b aO ram. Mar .d: 6 Frede urg, Trustee 7 Dat - -/6 By:��ir,d� �4UhT4 /IjG(" Elizab6tBJ. FredbKbura, Trustee Dated: By: Heather Jacques Brow , Trustee Dated: By: Stephen G. Brown, Trustee Dated: 6-3/(o 13 1116419,1 Exhibit List Exhibit A -- Legal Description of the Easement Area Exhibit B -- Depiction of the Easement Area Exhibit C -- Form of Grant of Easement Exhibit D --Affidavit of Non-foreign Taxpayer Status 14 1116410.1 ACCEPTANCE BY ESCROW HOLDER: LAWYERS TITLE & ESCROW hereby acknowledges that it has received a fully executed counterpart of the foregoing Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. Date: LAWYERS TITLE & ESCROW By: Name: Its: 1116419.1 Exhibit "A" to the Easement LEGAL DESCRIPTION OF THE RIGHT OF WAY 1116419.1 EXHIBIT "A" SLOPE EASEMENT APN 669-070-003 THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE NORTH 00019'08" EAST 256.61 FEET TO AN ANGLE POINT IN THE NORTHEASTERLY LINE OF AN OVERHEAD CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL RECORDS; THENCE LEAVING SAID CENTER LINE ALONG SAID NORTHEASTERLY LINE NORTH 50053'07" WEST 96.23 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 75.00 FEET WESTERLY OF THE EASTERLY LINE OF SAID NORTHEAST QUARTER OF SECTION 22, SAID EASTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN CANYON DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHEASTERLY LINE ALONG SAID PARALLEL LINE NORTH 00019'08" EAST 556.98 FEET; 2. THENCE LEAVING SAID PARALLEL LINE SOUTH 5013'38" WEST 522.93 FEET TO THE NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 400 FEET WIDE, GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, BY ACT OF CONGRESS, APPROVED ON MARCH 3, 1875; 3. THENCE ALONG SAID NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 400 FEET WIDE SOUTH 50053'07" EAST 57.41 FEET TO THE TRUE POINT OF BEGINNING. AREA = 12,461 SQUARE FEET, MORE OR LESS SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES. SIGNATURE ��A t-o'^^*"^^q 2-5-2016 MICHAEL A. HAVENER DATE PLS 7354 * No. 7354 r Page 1 of 1 Exhibit "B" to the Easement DEPICTION OF THE RIGHT OF WAY 1116419.I EXHIBIT " B " MULTIPLY DISTANCE BY 1.00002570 TO OBTAIN GROUND DISTANCES LESEN SLOPE EASEMENT (SLOPE) AREA = 12,461 SO. FT., MORE OR LESS P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING E1 OVERHEAD CROSSING EASEMENT IN ' FAVOR OF THE COUNTY OF RIVERSIDE tt� O REC. 10/22/1952 IN BK. 1409, PG. 566 O.R. AND BK. 1409, PG. 575 .R. \ -<i n 11 8 i a APN 669-070-003 NON-PLOTTABLE EASEMENTS N" c RIGHT-OF-WAY FOR DITCHES OR CANALS � 11 LL, o "�"'tt CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AND RESERVING UNTO THE UNITED STATES, ITS PERMITTEES OR LICENSEES, THE RIGHT TO ttl Cf7 cL OCCUPY AND USE ANY PART OF SECTION 22 LYING t� a :• WITHIN FIFTY FEET OF THE CENTER LINE OF THE 0 S < TRANSMISSION LINE RIGHT-OF-WAY OF THE COACHELLA VALLEY ICE AND ELECTRIC COMPANY 75' 75 REC. 11/23/1921 IN BK. 8, PG. 204 OF PATENTS. A POLE LINE EASEMENT IN FAVOR OF THE Z SOUTHERN CALIFORNIA TELEPHONE CO. REC. 7/10/1933 cam+ IN BK. 131, PG. 119 O.R. OWNERS C s Q THE J. LAURENT LEGER COMEAU AND MARY SHEILA Q0 w U COMEAU REVOCABLE LIVING TRUST DATED 3/13/1990 - Go Q0 Lr_ SURVIVOR'S TRUST, THE FREDENBURG REVOCABLE LIVING TRUST DATED 9/30/1993, AND THE HEATHER 0 Lc JACQUES BROWN AND STEPHEN G. BROWN REVOCABLE LL- Z LIVING TRUST DATED 1/10/1995. A Z �p LAND St,' vO ry� A. 'PGA, � .'.'.:::. � N SLOPE w * No. 7354 it ` vo. o OF CALIF P.D.C. 0>- N INT. OF THE CENTER LINE OF F INDIAN CANYON DR. (INDIAN AVE.) 0 50 100 200 AND SOUTHERN PACIFIC RAILROAD AS SHOWN ON ROS 18/2 SHEET 1 OF 1 SHEETS ALE REVISED BY: DATE: CITY OF PALM SPRINGS 1• = 1w DRAWN BY: KA DATE:5-20-15 DOC. NO, INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:2-5-16 APN 669-070-003 APPROVED BY: DATE: SEE OWNERS ABOVE DWG. N0. EXHIBIT C RECORDING REQUESTED BY City of Palm Springs WHEN RECORDED RETURN TO: City Clerk CITY OF PALM SPRINGS 3200 E. Tainquitz Canyon Way Palm Springs, CA 92262 SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording fees under Government Code§6103 SLOPE EASEMENT APN #669-070-003 For a valuable consideration, receipt of which is hereby acknowledged, Mary Sheila Comeau, Anita Comeau and Michele Comeau, as Trustees of the J. Laurent Lester Comeau and Mary Sheila Comeau Revocable Living Trust dated March 13, 1990 — Survivor's Trust, as to an undivided 1/3 interest; Mark E. Fredenburq and Elizabeth J. Fredenburg, Trustees of the Fredenburq Revocable Living Trust dated September 30, 1993, as to an undivided 1/3 interest; and Heather Jacques Brown and Stephen G. Brown . Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Living Trust dated January 10, 1995, as to an undivided 1/3 interest, (hereinafter "Grantor"), hereby GRANTS to the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter "Grantee"), a non-exclusive slope easement for grading (cutting into and filling over existing ground) and appurtenant uses, together with the right to construct, maintain, repair, and use the slope constructed for the benefit of Grantee, in, on, under, over and across the real property in the City of Palm Springs, Riverside County, California, more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by this reference. Mary Sheila Comeau, Anita Comeau and Michele Comeau, as Trustees of the J. Laurent Leger Comeau and Mary Sheila Comeau Revocable Living Trust dated March 13, 1990 —Survivor's Trust, as to an undivided 1/3 interest; Mark E. Fredenburg and Elizabeth J. Fredenburg, Trustees of the Fredenburg Revocable Living Trust dated September 30, 1993, as to an undivided 1/3 interest; and Heather Jacques Brown and Stephen G. Brown , Trustees of the Heather Jacques Brown and Stephen G. Brown Revocable Living 1116419.1 Trust dated January 10, 1995, as to an undivided 1/3 interest Dated: By: Mary Sheila Comeau, trustee By: Anita Comeau, trustee By: Michele Comeau, trustee By: Mark E. Fredenburg, trustee By: Elizabeth J. Fredenburg, trustee By: Heather Jacques Brown, Trustee By: Stephen G. Brown, Trustee 1116419.1 ACKNOWLEDGEMENT 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. STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 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 instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: This area for official notarial seal 1116419.1 EXHIBIT D DO NOT RECORD. TRANSFEREE (BUYER) DO NOT SEND MUST RETAIN FOR TO IRS. SIX YEARS AFTER THE TRANSACTION. CERTIFICATION OF NON-FOREIGN STATUS BY TRANSFEROR 1. Section 1445 of the Internal Revenue Code provides that a transferee (Buyer) of a U. S. real property interest must withhold tax if the transferor (Seller) is a foreign person. 2. In order to inform each transferee that withholding of tax is not required upon disposition of a U. S. real property interest by (hereinafter referred to as "the Transferor"), the undersigned hereby certifies, and declares by means of this certification, the following on behalf of the Transferor: A. The one item marked below is true and correct: (1) The Transferor is not a foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as these terms are defined in the Internal Revenue Code and Income Tax Regulations). (II) The Transferor is a corporation incorporated under the laws of a foreign jurisdiction but has elected to be treated as a U. S. corporation under Section 897(i) of the Internal Revenue Code, AND HAS ATTACHED TO THIS CERTIFICATE A TRUE AND GENUINE COPY OF THE ACKNOWLEDGMENT OF SUCH ELECTION ISSUED BY THE IRS. B. The Transferor's social security number is C. The Transferor's address is 3. The Transferor understands that this certificate may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained in this certification may be punished by fine or imprisonment(or both). 4. The Transferor understands that each transferee is relying on this certificate in determining whether withholding is required and each transferee may face liabilities if any statement in this certificate is false. 1116419.1 5. The Transferor hereby indemnifies each transferee, and agrees to defend and hold each transferee harmless, from any liability, cost, damage, or expense which such transferee may incur as a result of: A. the Transferor's failure to pay any U. S. Federal income tax which the Transferor is required to pay under applicable U. S. law, or B. any false or misleading statement contained herein. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete; I further declare that I have authority to sign this document on behalf of the Transferor. EXECUTED in County, State of on Transferor: By: Title. 1116419.1