HomeMy WebLinkAboutA6479 - ROBIN S. PLUNKETT - SALE OF CITY-OWNED PROPERTY AVENIDA CERCA AND GRANADA RD . .._........... ..........
'\40 DOC#2014-0158707
05/01/2014 11:30 AM Fees: $24.00
Page 1 of 4 Doc T Tax Paid
1_iV hers l'it)e Recorded in Official Records
County of Riverside
Larry W.Ward
RECORDING REQUESTED 6Y Assessor,County Clerk&Recorder
Lawyers Title Company.
WHEN RECORDED MAIL THIS DOCUMENT
AND TAX STATEMENTS TO:
Robin S.Plunket to the
document was side for r e orsubmitted
10401 Wilshire Blvd#514 R the County of Riverside for recording""
Beverly Hills,CA 90210 Receipted by:AiGREGSTON
APN: 669-393-023-3
Escrow No: 07806011-708-WAS
Title No: 614690581
..gyp p11 Oyu Spare above this line for Recorders use ,
1' (� GRANT DEED
THE UNDERSIGNED GRANTOR(S)DECLARE(S):Documentary Transfer Tax not shown pursuant to
Section 11932 of the California Revenue and Taxation Code
O City of Palm Springs,AND
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The City of Palm Springs,a California Charter city,acting solely In its capacity as the Housing Successor Agency to
the former Community Redvelopment Agency nA
organized and existing under the laws of the State of CA hereby GRANTS) to
Robin S. Plunket A Single man
the following described real property In the City of County of Riverside,State of California:
See Exhibit A attached hereto and made a part hereof.
Commonly known as: Vacant Land known as APN 669-393-023, Palm Springs,CA
Dated: March 10.2014 The City of Palm Springs,a California charter
city,acting solely In Its capacity as the Housing
STATE OF CALIFORNIA iss: Successor Agency to the former Community
COUNTY OF
Redvelopment Agency
On . before me,
.a Notary Public, By,
(here Insert name and title of the officer) Name:Oft\11 D 1i• tAby
personally appeared its:
�rrY MA,J/�6ER
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(les), and that by his/her/their signature(s) on
the Instrument the person(s), or the entity upon behalf ATIiT
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. ly CIeTk
WITNESS my hand and official seal.
Signature
(This area for notary stamp)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
DOC 92 01 4-01 58707 Page 2 of 4 05/01/2014 11:30 AM
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) ss.
City of Palm Springs )
On April 22, 2014, before me, JAMES THOMPSON, CITY CLERK, CITY OF
PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I
personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name
is subscribed to the within instrument and acknowledged to me that he executed the
same in his official and authorized capacity on behalf of the City of Palm Springs, a
California Charter City.
1 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 the official seal of the City of Palm Springs, California, this
22nd day of April, 2014,
VALMS
iy
o
v N
R R
Signature: cP<rFoaN`P
MES THOMPSON, CITY CLERK
City of Palm Springs, California
Title or Type of Document
Grant Deed.—of APN 669-393-023-3 to Robin S. Plunket
HOC#2014-0158707 Page 3 of 4 05/01/2014 11:30 AM
EXHIBIT"A"
LEGAL DESCRI FRON
All that certain real property situated In the City of Palm Springs,County of Riverside,State of
California,described as follows:
APN#: 669-393-023
######
DOC#2014-0158707 Page 4 of 4 05/01/2014 11:30 AM
File No: 614690581
EXHIBIT "A"
All that certain real property situated in the County of Riverside,State of California,described as
follows:
Lot 222 of Desert Highland Estates,in the City of Palm Springs,County of Riverside,State of
California,as per map recorded in Book 24 of Maps,Pages 53 and 54,In the Office of the County
Recorder of said County.
Assessors Parcel No: 669-393-023
awyers
tle
f LawyerSTlt1e' y+' ' 700 E Tahquitz C an Company
Suite B
Palm Springs, CA 92262
All 08 Phone: (760) 327-6523
Fax: (76�gq0) 327-6748Z rot
j
�y�9 C/JI
May 1, 2014
The City of Palm Springs, a California charter city, acting solely in its capacity as the Housing
Successor Agency to the former Community Redvelopment Agency
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: Marina Karas
Escrow No.: 07806011-708-WAI
Property Address: Vacant Land known as APN 669-393-023, Palm Springs, CA
We are pleased to inform you that the transaction as referenced above was closed on 0413 0/20 14.
The following documentation is being provided to you for your disposition:
• Proceeds check in the amount of$15,766.90. 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.
• Settlement Statement/HUD-1 (Please retain for tax purposes)
ALSO ENCLOSED IS THE CHECK FOR THE CITY LIENS.
IF YOU RECEIVE A TAX BILL FROM THE COUNTY ASSESSOR/TAX COLLECTOR, PLEASE SEND THE TAX
BILL DIRECTLY TO THE BUYER AT: Robin S. Plunket 10401 Wilshire Blvd #514 Los Angeles, CA 90024
We trust that this transaction has been handled to your entire satisfaction, and we hope that we may
have the pleasure of serving you again in the near future. Should you have any questions regarding
the items enclosed, please feel free to contact the undersigned.
Sincerely,
Whitney Adkins
Escrow Officer, Branch Manager
Phone: (760) 327-6523
E-Fax: (866) 665-7637
e-mail: whitnev.adkinsCcbitic.com
Enclosures
LAWYERS TITLE COMPANY
700 E Tahquitz Canyon Way, Suite B, Palm Springs, CA 92262
Phone: (760) 327-6523 Fax: (760) 327-6748
Sellers Closing Statement
Final
Escrow Officer: Escrow No: Close Date: Proration Date: Date Prepared:
Whitney Adkins 07806011-708 04/30/2014 05/0U2014
WAIT
Seller(s): The City of Palm Springs,a California charter city, acting solely in its capacity as the Housing Successor Agency to
the former Community Redvelopment Agency
Property: Vacant Land known as APN 669-393-023
Palm Springs,CA
�r art
TOTAL CONSIDERATION:
Total Consideration 21,000.00
COMMISSIONS:
Commission 2,050.00
$1,050.00 to Keller Williams Realty
$1,000.00 to Forward Sunset,Inc.
TITLE AND ESCROW CHARGES:
Owners Policy$21,000.00 to Lawyers Title Company. 396.00
Escrow Fee to Lawyers Title Company 242.00
Document Preparation to Lawyers Title Company 50.00
RECORDING FEES:
Record Releases to Lawyers Title Company. 297.00
County Transfer Tax to Lawyers Title Company. 23.10
ADDITIONAL CHARGES:
Property Disclosures Report to Property ID of California 114.00
Liens to City of Palm Springs 2,061.00
Sub Totals 5,233.10 21,000.00
Proceeds Due Seller 15,766.90
Totals 21,000.00 21,000.00
Printed by Whitney Adkins on 05/01/2014- 4:36:48PM Page 1 of 1
Escrow No. 07806011 -WA1 Check Date: 05/01/2014 Check No. 1278007686
Proceeds $15.766.90
Check Total $15,766.90
Seller/Buyer: The City of Palm Springs/Plunket
Property Address: Vacant Land known as APN 669-393-023 Palm Springs, CA
Tau Parcel Id Memo: _ PALM SPRINGS, CA 92262
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Liens $2,061.00
Check Total $2,061.00
Seller/Buyer: The City of Palm Springs/Plunket
Property Address: Vacant Land known as APN 669-393-023 Palm Springs, CA
Tax F?arc011d Memo:
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ATTEST:
CALIFORNIA ��,,
= A S S O C I A T ION SINGLE PARTY COMPENSATION A&if T
�Ir OF R E A L T O R S a (C.A.R.Form SP,Revised 4113)
City of Palm Springs ("Seller")and
Keller Williams Realty ('Broker")
agree as follows,with regard to the real property in the City of Palm Springs
County of Riverside California,described as follows:
400 W. Avenida Cerca Lot #222) ("Property").
1. COMPENSATION TO BROKER:
Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each Broker
Individually and may be negotiable between the Seller and Broker.
Seller agrees to pay Broker, irrespective of agency relationships,either® 10.000 percent of the sales price or
❑ $ ,as follows: -
A. If Seller accepts an offer from Robin S. Plunket ("Buyer'
to purchase or exchange the Property during the period commencing on(date) February 19, 2014 and expiring at 11:59
P.M. on(date) May 18, 2014 ("Compensation Period"),provided Buyer completes the transaction or is prevented
from doing so by Seller.
B. Buyer includes any person or entity related to Buyer, or who in any manner acts in Buyer's behalf, including, if Buyer is a
corporation or partnership,any person or entity in which Buyer has a legal or beneficial interest,or which has a legal or beneficial
interest in Buyer.
C. Seller hereby irrevocably assigns lu Bruker the above compensation from Seller's funds and proceeds In escrow.
D. In event of an exchange, Broker will disclose it Broker is also collecting compensation from additional parties.
E. Seller warrants that Seller has no obligation to pay compensation to any other broker regarding the sale or exchange of Property
to Buyer.
F. This Agreement shall remain binding, even if, during Compensation Period, Seller enters into a listing agreement with any broker
to sell Property.
2. AGENCY RELATIONSHIPS:
A. If the Property includes residential property with one-to-four dwelling units, Broker shall give Seller an agency disclosure form
prior to presenting an offer to purchase.
B. (Check one) In the transaction:
1. W Broker will act as agent for Seller exclusively in any resulting transaction.
2. ❑ Broker will act as dual agent representing both Buyer and Seller in any resulting transaction.
3. ❑ Broker will act as agent for Buyer exclusively in any resulting transaction.Seller agrees and understands that all acts of
Broker, even those that assist Seller in performing or completing any of Seller's contractual or legal obligations, are intended
for the benefit of Buyer exclusively.Seller is advised to seek real estate,legal,tax, insurance,and all other desired assistance
from other appropriate professionals.
C. This Agreement does not require Broker to solicit offers on the Property from Buyer, nor does R authorize Broker to solicit offers
from any other person or entity.
3. EQUAL HOUSING OPPORTUNITY:The Property is offered in compliance with federal,state,and local anti-discrimination laws.
4. APPLICABLE LAWS: Seller agrees to comply with all applicable federal, state, and local laws and regulations regarding sale of
Property.
S. ATTORNEY FEES:In any action, proceeding,or arbitration between Seller and Broker regarding the obligation to pay compensation
under this Agreement,the prevailing Seller or Broker shall be entitled to reasonable attomey fees and Costs.
6. OTHER TERMS AND CONDITIONS:Robin S. Plunket/Realtor trill renreaent himself as the selling agent
for the sale of the vacant and will receive $1 000 00 flat rate fee connaission
7. ENTIRE CONTRACT:All prior discussions, negotiations, and agreements between the parties concerning the subject matter of this
Agreement are superseded by this Agreement,which constitutes the entire contract and a complete and exclusive expression of their
Agreement and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. This Agreement
element,add 9 r mo�d'iication,inclu 'ng otocopy or facsimile, may be execWiunterparts.
Sel`ler���' Ar �`+�� Date.3" Seller ata
city of Palm 3pr Awfb H., �� rTy r4ti,JA
6s
Address P.o. Box 2743 ' Address
City Palm snringa State _CA Zip 92262 Cityaa / yState _Zip
Real Estate.Broker(Firm) Weller Williams Realty By l; is Iq S .L�,/� Date 0211912014 _
435 R. Palm Canyon Drive Chandra Da Silva
Address Palm rin s CA 9226i SephOne (760)905-0911 Fax (760)322-9266
02013,California Association of REALTORSW, nked States copyright law(Title 17 U.S.Code)forbids the unauthorized distribution.display and reproduction of this form,
or any portion thereof,by photocopy machine o other means,including facsimile or computerized.formats.
THIS FORM HAS BEEN APPROVED BV THE AI IFORNIA ASSOCIATION OF REALTORSS(C-A.H.).NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS.IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL.
This form is made available lu real estate professionals thmu h an a reemem with or purchase from the California Association of REALTORS&a is not intended to identify the
user as a REALTORS.REALTORS is a registered mllactiv A ®r�k� Qj d only by members of the NATIONAL ASSOCIATION OF REALTORS®who
subsGi)e to its Code of Ethics.
�.i Pushed ed IZUSK a by: 1yr
v REAL ESTATE.BUSINESS SERVICES INC.
aaasrtarydme Car7orrue Aseaiaam otREaiiORss eviewed Date -
r 525 Souh Vied Avenge,Ins An pim CW#A 90MO r®ivaMiu tt
SP REVISED 4/13(PAGE 1 OF 1) SINGLE PARTY COMPENSATION AGREEMENT(SP PAGE 1 OF 1)
Agent: Chandra DaSilva Phone:760.905.0911 Fax:760.322,9266 Prepared using zlpForm®software
Broker: Luzu Homes by Keller Willlams,435 N,Palm Canyon Drive Palm Springs CA 92262
i ors Title• Lawyers Title Company
700 E Tahquitz Canyon Way, Suite B
Palm Springs, CA 92262
Phone: (760) 327-6523
Fax: (760) 327-6748
Whitney Adkins, Escrow Officer/Branch Manager
Phone: (760) 327-6523 • E-Fax: (866) 665-7637
e-mail: whitnev.adkinsOltic.com
AMENDED/SUPPLEMENTAL ESCROW INSTRUCTIONS
Escrow Number: 07806011-708-WA1 Date: April 30, 2014
Property Address: Vacant Land known as APN 669-393-023, Palm Springs, CAEscrow Officer: Whitney Adkins
TO: Lawyers Tide Company
My previous instructions in the above numbered escrow are hereby modified and/or supplemented in the
following manner:
VESTING:
Buyer vesting shall read as follows:
Robin S. Plunket, single man
PROPERTY ADDRESS:
The property address is hereby confirmed to read as follows:
Vacant Land known as APN 669-393-023, Palm Springs, CA
RELEASED CONTINGENCIES:
Buyer states that all contingencies of this escrow have been satisfied and released. Escrow Holder is
instructed to close escrow, pursuant to all other terms and conditions of this escrow.
Each of the undersigned states that he/she/they have read the foregoing instructions and
understands and agrees to them in their entirety.
SELLER: BUYER:
The City of Palm Springs, a California charter
city, acting solely in its capacity as the Housing
Successor Agency to the former Community
Redveloppfent Agen
By: Robin S. Plunket
Name: DAV'!O 14. RtADy
Its: 0/TY MAAlfir&&X
APPROVED BY CITY COUNCIL
1-10.14 & 4�
[Avenida Cerca and Granada Road]
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
THIS �,Vu^ CHASE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is made
as of Q� . \q , 2014 (the "Effective Date"), by and between THE CITY OF PALM
SPRINGS, a California charter city, acting solely in its capacity as the Housing Successor
Agency to the former Community Redevelopment Agency ("Seller'), and ROBIN S. PLUNKET
("Buyer"), as follows:
1. Purchase and Sale. Upon all the terms and conditions contained herein, Buyer
hereby agrees to purchase from Seller and Seller agrees to sell to Buyer the following:
(a) That certain real property consisting of an approximately .17acre vacant
parcel on the north side of Avenida Cerca and Granada Road, Palm Springs, California, (APN
#669-393-023) and more particularly described on Exhibit A attached hereto and incorporated
herein by this reference, together with any and all of Seller's right, title and interest in and to the
rights and appurtenances pertaining to such property(collectively, the"Land"); and
2. Opening of Escrow. Within two (2)business days following the mutual execution
and delivery of this Agreement, Seller and Buyer shall open an escrow (the "Escrow") with
Lawyer's Title and Escrow, ; Attn:, ("Escrow Holder")
by delivering a fully executed copy of this Agreement to Escrow Holder. Escrow Holder was
selected through the City's Escrow Company Rotation Program. Escrow Holder will execute
copies of this Agreement and return fully executed copies hereof to Buyer and Seller when
Escrow has opened. Escrow shall be deemed open upon Escrow Holder's execution hereof.
Seller and Buyer agree to execute such additional and supplementary escrow instructions as may
be appropriate to enable Escrow Holder to comply with the terms of this Agreement; provided,
however, that in the event of any conflict or inconsistency between the terms and provisions of
this Agreement and the terms and provisions of any supplementary escrow instructions, the terms
and provisions of this Agreement shall control.
3. Purchase Price. The total purchase price (the "Purchase Price") for the Property
shall be Twenty One Thousand ($21,000.00) Dollars. The Purchase Price shall be payable as
follows:
(a) Deposit. Within two (2) business days following the opening of Escrow,
Buyer shall deposit into Escrow by wire transfer or cashier's check cash in the amount of Five
Thousand Dollars ($5,000.00) (together with any interest earned thereon, collectively, the
"Deposit"). Escrow Holder shall hold the Deposit in an interest-bearing demand account
selected by Escrow Holder, with interest accruing thereon, while held by Escrow Holder, to be
credited to the Purchase Price upon Closing. Provided this Agreement has not previously been
terminated, upon the expiration of the Due Diligence Period, the Deposit shall be non-refundable
to Buyer(except as otherwise provided in this Agreement).
(b) Cash at Closing. The remainder of the Purchase Price shall be deposited
into Escrow, in cash or by wire transfer of immediately available federal funds, by Buyer no later
than the Closing Date.
4. Costs and Prorations.
(a) Escrow and Title Fees. Buyer and Seller shall each pay one-half(1/2) of
the Escrow fees. Seller shall bear the cost of (i) all documentary transfer taxes, and (ii) the
premium which would be required for an ALTA Standard Coverage Owner's Policy of Title
Insurance with Regional Exceptions if issued by the Title Company (as defined below) insuring
Buyer in the amount of the Purchase Price. Buyer shall bear the cost of (i) any increased
premium attributable to endorsements and the delivery of an extended coverage ALTA Owner's
Policy of Title Insurance (and any survey costs in connection therewith), and (ii) the cost of
recording the Grant Deed (as defined below). All other costs or expenses not otherwise provided
for in this Agreement shall be apportioned or allocated between Buyer and Seller in the manner
customary in Riverside County, California. Buyer and Seller shall each pay the cost of its own
legal and accounting fees.
(b) Taxes and Assessments. All current real property taxes, recurring
assessments, and all payments on general and special bonds and assessments on the Property
shall be prorated through Escrow between Buyer and Seller as of Closing based upon the latest
available tax information, using the customary escrow procedures. Any taxes levied under the
Supplemental Tax Roll and attributable to the period prior to Closing shall be paid by Seller, and
any such taxes attributable to the period from and after Closing shall be paid by Buyer. To the
extent that information required to compute any prorations or adjustments of real estate taxes,
recurring assessments and/or payments on general and special bonds is not available at Closing,
Seller and Buyer shall make all necessary adjustments by appropriate payments between
themselves within thirty (30) days after such information is available to the parties, which such
obligation of Buyer and Seller herein shall survive the Closing.
5. Buyer's Diligence.
(a) Title Review.
(i) Within five (5) days after the opening of Escrow, Escrow Holder
shall deliver to Buyer a current preliminary title report (the "Preliminary Report") for the
Property issued by Escrow Holder (in its capacity as the title company, the "Title Company"),
including all schedules and exhibits thereto and together with true and correct copies of all
instruments giving rise to any exceptions to title to the Property. Buyer shall have until 5:00
p.m. Los Angeles time on that date which is thirty (30) days following the opening of Escrow
(the "Title Diligence Period") to review and object to any exceptions to title shown on the
Preliminary Report. Buyer shall notify Seller in writing (the "Title Notice") prior to the
expiration of the Title Diligence Period which exceptions to title (including survey matters), if
any, are not acceptable to Buyer, in its sole discretion. If Buyer fails to notify Seller in writing of
any exceptions to title prior to the expiration of the Title Diligence Period, then Buyer shall be
deemed to have approved the condition of title to the Property. If Buyer timely notifies Seller in
writing that Buyer objects to any exceptions to title, then Seller shall have until four(4) business
2
days after Seller's receipt of the Title Notice to notify Buyer in writing ("Seller's Title Notice")
that Seller (A) will cause such objectionable exceptions to be removed from title on or before the
Closing; or (B) elects not to cause such exceptions to be removed. If Seller fails to notify Buyer
in writing of its election within said four (4) business day period, then Seller shall be deemed to
have elected not to cause such exceptions to be removed from title. If Seller elects (or is deemed
to have elected) not to cause such exceptions to be removed from title, then Buyer shall advise
Seller in writing within three (3) business days after Seller's election (or deemed election)
whether Buyer will (1) nevertheless proceed with the purchase and take title to the Property
subject to such exceptions, or (2) terminate this Agreement, in which event the provisions of
Section 8 below shall apply. Buyer's failure to timely respond shall be deemed an election to
proceed with the purchase and take title to the Property subject to such exceptions.
(ii) Seller shall not be obligated to cause any matters listed as
exceptions on the Preliminary Report to be removed, except for(A) such matters as Seller agrees
in writing to remove as set forth above and (B) any monetary encumbrances, all of which are
hereby specifically disapproved by Buyer, and Seller agrees shall be paid off and removed from
title by Seller prior to Closing. If Seller fails to remove any such monetary lien prior to Closing,
then Escrow Holder shall apply such portion of the Purchase Price as is necessary to cause the
removal of such items at or prior to Closing, and the proceeds of Escrow to be otherwise
distributed to Seller upon Closing shall be reduced by the amount so applied. In addition, during
the period from the Effective Date until the Closing, Seller shall not, without Buyer's prior
written approval, cause or permit any additional liens or encumbrances which would be binding
on or affect the Property or any owner thereof after the Closing.
(b) Property Studies.
(i) Buyer shall have until 5:00 p.m. Pacific Standard Time on that date
which is sixty (60) days following the opening of Escrow (the "Due Diligence Period") to enter
upon the Property, at reasonable times after the giving of at least forty-eight (48) hours' notice to
Seller, for the purpose of conducting soil, engineering and other tests, and to undertake any other
inspections or investigations as Buyer may deem necessary and desirable to assess the
development of the Property in the manner contemplated by Buyer and the cost of any such tests,
inspections or investigations shall be borne solely by Buyer. Buyer hereby agrees to indemnify,
defend and hold Seller harmless from any and all claims, causes of action, losses, damages,
costs, liabilities and expenses, including, without limitation, reasonable attorneys' fees (and
those fees incurred upon any appeals) and court costs incurred or suffered by Seller arising out
of, or resulting from, the entry onto or the inspection of the Property by Buyer or its agents or
consultants. The foregoing obligation of Buyer shall survive the Closing or earlier termination
of this Agreement. Seller shall make available for inspection by Buyer at Seller's offices, during
normal business hours after reasonable notice, all materials in Seller's possession relating to the
Property (except for any confidential or proprietary materials such as Seller's financial analyses
with respect to the Property) including, to the extent any, all soils reports, hazardous materials
studies, hydrology studies, grading plans, compact reports, geological studies, existing access
and improvement plans and existing surveys (the"Due Diligence Materials").
(ii) Buyer shall have the right to approve or disapprove of its
acquisition of the Property, in its sole and absolute discretion, prior to the expiration of the Due
3
Diligence Period. In the event Buyer approves of the Property, Buyer shall have the right, at any
time prior to the expiration of the Due Diligence Period, to give written notice to Seller and
Escrow Holder of Buyer's approval of the Property and election to proceed with the Closing (the
"Approval Notice"). If Buyer disapproves of the Property or fails to timely provide an Approval
Notice prior to the expiration of the Due Diligence Period (which such failure shall be deemed an
election by Buyer to disapprove the purchase of the Property), this Agreement shall
automatically terminate and the provisions of Section 8 below shall apply.
6. Intentionally Omitted.
7. Conditions to Closing.
(a) Conditions in Favor of Buyer. The Closing is conditioned upon the
satisfaction, or waiver in writing by Buyer, of the conditions set forth below in this Section 7(a),
which such conditions are for the benefit of Buyer. If any of such conditions are not satisfied
(and are not waived in writing by Buyer), Buyer shall have the right to terminate this Agreement,
in which event the provisions of Section 8 below shall apply.
(i) All representations and warranties of Seller shall be true and
correct in all material respects as of the Close of Escrow;
(ii) Seller shall have performed all of the obligations required to be
performed by Seller under this Agreement;
(iii) No material change shall have occurred with respect to the
Property since the expiration of the Due Diligence Period; and
(iv) Title Company is prepared or committed to deliver to Buyer an
ALTA Standard Coverage Owner's Policy of Title Insurance dated as of Closing, subject to only
the matters set forth below. If Buyer requires an extended coverage ALTA Owner's Policy of
Title Insurance or endorsements, Buyer shall notify Escrow Holder of such requirement and
deliver to Escrow Holder, at Buyer's sole cost and expense and in a timely manner so as to not
delay the Closing, an ALTA survey adequate for the issuance of such ALTA extended coverage
policy. The title policy shall insure Buyer in an amount equal to the Purchase Price, and show
title vested in Buyer subject only to:
(A) The usual printed title company exceptions;
(B) All exceptions shown on the Preliminary Report, other than those
exceptions, if any, which Seller has agreed or is required to eliminate or cure on or prior to the
Closing Date pursuant to Section 5(a) above (including, all monetary encumbrances);
(C) Any exceptions resulting from Buyer's entry upon the Property or
otherwise created by Buyer; and
(D) All other exceptions approved in writing by Buyer.
4
(b) Conditions in Favor of Seller. The Closing is conditioned upon the
satisfaction, or waiver in writing by Seller, of the conditions set forth below in this Section 7(b),
which such conditions are for the benefit of Seller. If any of such conditions are not satisfied
(and are not waived in writing by Seller), Seller shall have the right to terminate this Agreement,
in which event the provisions of Section 8 below shall apply.
(i) All representations and warranties of Buyer shall be true and
correct in all material respects as of the Close of Escrow; and
(ii) Buyer shall have performed all of the obligations required to be
performed by Buyer under this Agreement.
8. Effect of Termination. In the event Buyer or Seller shall elect to terminate (or
shall be deemed to have elected to terminate) this Agreement in accordance with the terms and
provisions hereof where this Section 8 is specifically referred to, the electing party shall send
written notice thereof to the other party and Escrow Holder. Upon receipt of such notice, then
except as otherwise expressly provided herein (including, without limitation, pursuant to Section
13 below), (i) Seller shall return any disbursed portion of the Deposit to Buyer, (ii) Escrow
Holder shall return any undisbursed portion of the Deposit to Buyer and any documents held by
Escrow Holder to the parties depositing the same, (iii) all title and Escrow cancellation charges,
if any, shall be paid equally by Buyer and Seller, and (iv) upon return of such funds and
documents by Escrow Holder and the applicable party, except for such obligations of the parties
which expressly survive the termination of this Agreement, the parties hereto shall have no
further rights or obligations under this Agreement, which shall be deemed cancelled for all
purposes.
9. Closing of Escrow.
(a) The closing (the "Closin " or"Close of Escrow") of the purchase and sale
of the Property shall take place through Escrow within sixty (60) days following the expiration
of the Due Diligence Period, on a date mutually acceptable to Buyer and Seller (subject to
satisfaction or written waiver by the applicable party of the conditions set forth in Sections 7(a)
Date" Notwithstanding the foregoing, Bu er shall have two 2
and 7 b above the "Closing
O ) ( )• g Y O
options to extend the Closing Date for a period of thirty (30) days each, by providing Seller with
written notice thereof not less than two (2) business days prior to the then-scheduled Closing
Date and depositing with Escrow Holder the additional amount of Ten Thousand Dollars
($10,000.00) for each option (together with interest earned thereon, collectively, the "Closin
Extension Deposits" and each a "Closing Extension Deposit"), which such Closing Extension
Deposit(s), when made, shall be non-refundable, except in the event of a default by Seller
hereunder or the failure of one or more conditions to Closing, but shall be applied against the
Purchase Price at the Closing.
(b) At Closing, Seller and Buyer shall each perform the obligations set forth
in, respectively, Sections 10(a) and 10(b) below, the performance of which obligations shall be
concurrent conditions. When all required funds and instruments have been deposited into
Escrow by the appropriate parties and when all other conditions to Closing have been satisfied
(or waived in writing), Escrow Holder shall record the Grant Deed. Immediately after the
5
Closing, Escrow Holder shall (i) deliver to Seller the Purchase Price (less all other sums and
charges to be paid by Seller hereunder and the previously released Deposit), and (ii) deliver to
Seller and to Buyer conformed copies of the Grant Deed.
10. Documents and Sums Required at Closing.
(a) Seller's Obligations. At or prior to Closing, Seller shall deliver, or cause
to be delivered, to Buyer through Escrow:
(i) a duly executed and notarized grant deed (the "Grant Deed") in the
form attached hereto as Exhibit B, conveying the Property to Buyer;
(ii) if applicable, a FIRPTA certificate along with any applicable State
or local law equivalent in the forms customarily used by the Title Company duly executed by
Seller;
(iii) an executed closing statement reasonably acceptable to Seller; and
(iv) such additional documents as shall be reasonably required by
Escrow Holder to consummate the transaction contemplated by this Agreement.
(b) Buyer's Obligations. At or prior to Closing, Buyer shall deliver to Seller
through Escrow:
(i) by wire transfer or a cashier's check, funds equal to all sums to be
paid by Buyer and delivered to Escrow Holder under this Agreement, including the balance of
the Purchase Price and Buyer's share of costs and prorations;
(ii) a duly executed Assignment;
(iii) an executed closing statement reasonably acceptable to Buyer; and
(iv) such additional documents as shall be reasonably required by
Escrow Holder to consummate the transaction contemplated by this Agreement.
11. Remedies.
(a) BUYER'S FAILURE. IF ESCROW DOES NOT CLOSE DUE TO
BUYER'S FAILURE TO DEPOSIT ANY REQUIRED SUMS BY THE PRESCRIBED TIME
OR TO PERFORM ANY OTHER ACT WHEN DUE HEREUNDER, WHICH FAILURE
SHALL BE DEEMED A MATERIAL BREACH OF A CONDITION PRECEDENT, AND
PROVIDED SELLER IS NOT IN DEFAULT UNDER THIS AGREEMENT, THEN SELLER,
AS ITS SOLE AND EXCLUSIVE REMEDY, SHALL HAVE THE RIGHT TO TERMINATE
THIS AGREEMENT AND RETAIN THE DEPOSIT THEN HELD BY ESCROW HOLDER
OR SELLER PURSUANT TO THE TERMS OF THIS AGREEMENT AS LIQUIDATED
DAMAGES, WHICH AMOUNT IS THE BEST ESTIMATE BY THE PARTIES OF THE
DAMAGES SELLER WOULD SUFFER FROM SUCH BREACH, IT BEING AGREED
THAT IT IS EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE AND IMPRACTICABLE, TO
6
iI
FIX THE EXACT AMOUNT OF DAMAGE WHICH WOULD BE INCURRED BY SELLER
AS A RESULT OF SUCH DEFAULT BY BUYER. THEREUPON ESCROW SHALL BE
CANCELED AS PROVIDED ABOVE, THIS AGREEMENT SHALL TERMINATE, AND
THE PROVISIONS OF SECTION 8 SHALL APPLY; PROVIDED, HOWEVER, BUYER
SHALL PAY ALL TITLE AN E ROW CANCELLATION CHARGES
Buyer's Initials jbyer
(b) Seller's Failure. In the event of a f this Agreement,
then, provided Buyer is not in default under this Agreementsole and exclusive
remedy, either(i) terminate this Agreement by giving Seller and Escrow Holder written notice of
such election at anytime prior to Closing and seek reimbursement from Seller of Buyer's actual,
out-of-pocket costs and expenses in connection with the transaction contemplated by this
Agreement, or (ii) enforce specific performance of this Agreement. In the event Buyer elects to
terminate this Agreement, then the provisions of Section 8 shall apply, except that all title and
Escrow cancellation charges,if any, shall be paid by Seller.
12. Further Documents and Acts. Each of the parties hereto agrees to cooperate in
good faith with each other, and to execute and deliver such further documents and perform such
other acts as may be reasonably necessary or appropriate to consummate and carry into effect the
transactions contemplated under this Agreement.
13. Representations Warranties and Covenants of Buyer.
(a) Organization and Authority. Buyer has been duly organized and is validly
existing under the laws of the State of California. Buyer has the full right and authority to enter
into this Agreement, and to consummate or cause to be consummated the transaction
contemplated by this Agreement. The persons signing this Agreement on behalf of Buyer are
authorized to do so.
(b) Authorization. This Agreement has been, and on the Closing Date, all
documents to be executed by Buyer hereunder will have been, duly authorized, executed and
delivered by Buyer, and constitute and will constitute the valid and binding obligations of Buyer
enforceable against it in accordance with their respective terns.
(c) No Consents Required. No consent, approval or other authorization of, or
registration, declaration or filing with, any governmental authority or other third party is required
for the due execution and delivery of this Agreement, and/or any of the documents to be
executed by Buyer hereunder, or for the performance by or the validity or enforceability thereof
against Buyer.
(d) As Is, Where Is. Buyer represents and warrants that it is acquiring the
Property "AS IS, WHERE IS" and "WITH ALL FAULTS" without representation or warranty
of any kind by Seller(except as expressly set forth in Section 16 below), expressed or implied by
Seller, by operation of law, or otherwise, as to the physical, environmental or other condition of
the Property.
7
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14. Representations, Warranties and Covenants of Seller.
(a) Organization and Authority. Seller has the full right and authority to enter
into this Agreement, and to consummate or cause to be consummated the transaction
contemplated by this Agreement. The persons signing this Agreement on behalf of Seller are
authorized to do so.
(b) Authorization. This Agreement has been, and on the Closing Date, all
documents to be executed by Seller hereunder will have been, duly authorized, executed and
delivered by Seller, and constitute and will constitute the valid and binding obligations of Seller
enforceable against it in accordance with their respective terms.
(c) No Consents Required. Seller is the fee simple owner of the Property and
has the full right and authority to enter into this Agreement, and to consummate or cause to be
consummated the transaction contemplated by this Agreement. No consent, approval or other
authorization of, or registration, declaration or filing with, any governmental authority or other
third party is required for the due execution and delivery of this Agreement, and/or any of the
documents to be executed by Seller hereunder, or for the performance by or the validity or
enforceability thereof against Seller.
15. Condemnation. If at any time prior to Closing all or any substantial portion of the
Land is condemned or legal proceedings are commenced under the power of eminent domain,
Seller shall promptly give Buyer written notice of the same ("Condemnation Notice"). In the
event of the foregoing, Buyer shall have the right to terminate this Agreement by written notice
to Seller and Escrow Holder given no later than five (5) days after Buyer's receipt of such
Condemnation Notice (and, if applicable, the Closing Date shall be extended to the extent
necessary to provide Buyer with the full five (5) day period to make such election), in which
event the provisions of Section 8 shall apply. If Buyer fails to timely terminate this Agreement
within such five (5) day period, Buyer shall be deemed to have elected to proceed with the
purchase of the Property, in which event the parties shall proceed to Closing and Seller shall
assign and turn over and Buyer shall be entitled to receive and keep all of Seller's right, title and
interest in and to any proceeds in connection with such condemnation or other legal proceedings
to the extent relating to the Land.
16. Broker's Commission. Seller agrees that shall each pay Broker the sum of Ten
Percent (10.00%) of the Purchase Price at the Close of Escrow. Broker is Chandra Da Silva,
Keller Williams Realty, 435 North Palm Canyon Drive, Palm Springs, CA 92262. License
#01301869.
17. Waiver, Consent and Remedies. Each provision of this Agreement to be
performed by either party shall be deemed both a covenant and a condition and shall be a
material consideration for the other party's performance hereunder, and any breach of this
Agreement by either party shall be deemed a material default hereunder. Either party may
specifically and expressly waive in writing any portion of this Agreement or any breach thereof,
but no such waiver shall constitute a further or continuing waiver of any preceding or succeeding
breach of the same or any other provision. A waiving party may at any time thereafter require
further compliance by the other party with any breach or provision so waived. The consent by
8
one party to any act by the other for which such consent was required shall not be deemed to
imply consent or waiver of the necessity of obtaining such consent for the same or any similar
acts in the future. No waiver or consent shall be implied from silence or any failure of a party to
act, except as otherwise specified in this Agreement. All rights, remedies, undertakings,
obligations, options, covenants, conditions and agreements contained in this Agreement shall be
cumulative and no one of them shall be exclusive of any other. Except as otherwise specified
herein, either party may pursue any one or more of its rights, options or remedies hereunder or
may seek damages or specific performance in the event of the other party's breach hereunder, or
may pursue any other remedy at law or equity, whether or not stated in this Agreement.
18. Attorneys' Fees. In the event of any action or proceeding instituted between
Seller, Buyer and/or Escrow Holder in connection with this Agreement, then as between Buyer
and Seller the prevailing party shall be entitled to recover from the losing party all of its costs
and expenses, including, without limitation, court costs, all costs of appeals and reasonable
attorneys' fees.
19. Notices. Any notice, request, demand, consent, approval or other communication
(collectively, "Notice") required or permitted hereunder or by law shall be validly given or made
only if in writing and delivered in person to an officer or duly authorized representative of the
other party or deposited in the United States mail, duly certified or registered (return receipt
requested), postage prepaid, or delivered by Express Mail or the U.S. Postal Service or Federal
Express or any other courier guaranteeing overnight delivery, charges prepaid. Any Notice may
also be transmitted by telecopy (provided such notice is also delivered by one of the other
methods provided herein). All Notices shall be addressed to the party for whom intended, as
follows:
If to Seller: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Manager
Fax No.: 760.323.8207
If to Buyer: Robin S. Plunket
10401 Wilshire Blvd. #514
Beverly Hills, CA 90210
Tel No.:
If to Escrow Holder: Lawyers Title and Escrow
Palm Springs, CA 92262
Attn: Escrow Officer
Fax No.: (760)
Any party may from time to time, by written notice to the other, designate a different address
which shall be substituted for that specified above. If any notice or other document is sent by
mail as aforesaid, the same shall be deemed fully delivered and received forty-eight (48) hours
after mailing as provided above. Any notice or other document sent by overnight service shall
be deemed delivered one (1) business day after delivery of the same, charges prepaid, to the U.S.
9
Postal Service or private courier. If any notice is sent by telecopy, the same shall be deemed
served or delivered upon confirmation of transmission thereof. Any notice or other document
sent by any other manner shall be effective only upon actual receipt thereof.
20. Entire Agreement. This Agreement and its exhibits constitute the entire
agreement between the parties hereto pertaining to the subject matter hereof, and the final,
complete and exclusive expression of the terms and conditions thereof. All prior agreements,
representations, negotiations and understandings of the parties hereto, oral or written, express or
implied, are hereby superseded and merged herein.
21. Captions. The captions used herein are for convenience only and are not a part of
this Agreement and do not in any way limit or amplify the terms and provisions hereof.
22. Incorporation. The Recitals and Exhibits attached hereto are hereby incorporated
in this Agreement.
23. Governing Law. This Agreement and the exhibits attached hereto have been
negotiated and executed in the State of California and shall be governed by and construed under
the laws of the State of California.
24. Invalidity of Provision. If any provision of this Agreement as applied to either
party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or
unenforceable for any reason, the same shall in no way affect (to the maximum extent
permissible by law) any other provision of this Agreement, the application of any such provision
under circumstances different from those adjudicated by the court, or the validity or
enforceability of this Agreement as a whole; provided that the invalidity or unenforceability of
such provision does not materially adversely affect the benefits accruing to any party hereunder.
25. Amendments. No addition to or modification of any provision contained in this
Agreement shall be effective unless fully set forth in writing by both Buyer and Seller.
26. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute but one and the
same instrument.
27. Binding Agreement. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors and
assigns.
28. Business Days. As used herein, the term "business day" shall mean any day other
a Saturday, Sunda or an federal or State of California holiday. If an period expires on a
than S y, y, y y y p p
day which is not a business day or any event or condition is required by the terms of this
Agreement to occur or be fulfilled on a day which is not a business day, such period shall expire
or such event or condition shall occur or be fulfilled, as the case may be, on the next succeeding
business day.
29. Construction. The parties acknowledge that each party and its counsel have
reviewed and approved this Agreement and that the normal rule of construction to the effect that
10
any ambiguities are to be resolved against the drafting party shall not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
30. IRS Form 1099-S. For purposes of complying with Section 6045 of the Internal
Revenue Code of 1986 ("Code"), as amended, Escrow Holder shall be deemed the "person
responsible for closing the transaction," and shall be responsible for obtaining the information
necessary to file with the Internal Revenue Service Form 1099-S, "Statement for Recipients of
Proceeds From Real Estate, Broker and Barter Exchange Transactions."
31. No Third Party Beneficiary. The provisions of this Agreement and of the
documents to be executed and delivered at Closing are and will be for the benefit of Seller and
Buyer only and are not for the benefit of any third party; and, accordingly, no third party shall
have the right to enforce the provisions of this Agreement or of the documents to be executed
and delivered at Closing.
[Signature Page Follows]
11
i
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective
Date.
SELLER:
C1TY OF PALM SPRINGS,
a California charter city
ATTEST:
ity Clerk o�/IQ Iza r4- iss�II�;r
Approved as o form:
APPROVED BY CITY COUNCIL
l�ty -61W. l•t�A
Ab►�1q C ty A y
BUYER:
ROBIN S. PLUNKET
By:
Name,
Its:
Escrow Holder hereby certifies that Escrow opened as of the_day of
2012 as Escrow Number
LAWYERS TITLE AND ESCROW COMPANY
By:
Its:
12
i
I
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective
Date.
SELLER:
CITY OF PALM SPRI7/ X
a California charter city
By:
Name:
ts: �
Approved s toJ�
S
Ci y Attorney
BUYER:
ROBIN S. PL
By:
Nam - to l
Its:
Escrow Holder hereby certifies that Escrow opened as of the_day of
2012 as Escrow Number
LAWYERS TITLE AND ESCROW COMPANY
By:
Its:
12
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°ace 1 of 1
LIST OF EXHIBITS
EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT B FORM GRANT DEED
13
[Avenida Cerca and Granada Road]
EXHIBIT A
LEGAL DESCRIPTION OF LAND
The Land is that certain real property located in the City of Palm Springs, County of Riverside,
State of California, described as follows:
LOT#222, PER MAP RECORDED IN BOOK 24, PAGE 53 OF MAPS, IN THE COUNTY
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA (DESERT HIGHLAND ESTATES)
APN 669-393-023
[Avenida Cerca and Granada Road]
EXHIBIT B
FORM OF GRANT DEED
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO,
AND MAIL TAX STATEMENTS TO:
(Space Above Line for Recorder's Use Only)
The undersigned grantor declares:
gne 6
Documentary Transfer Tax not shown
pursuant to Section 11932 of the
California Revenue and Taxation Code
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY
OF PALM SPRINGS, a California charter city, acting solely in its capacity as the Housing
Successor Agency to the former Community Redevelopment Agency ("Grantor") hereby
GRANTS to ROBIN S. PLUNKET ("Grantee"),
the following described real property (the "Property") in the City of Palm Springs,
County of Riverside, State of California:
See legal description attached hereto at Exhibit A.
SUBJECT TO:
1. Nondelinquent real property taxes and all unpaid, nondelinquent general
and special bonds or assessments.
2. All covenants, conditions, restrictions, reservations, rights, rights of way,
easements, encumbrances, liens and title matters of record or which would be discovered by an
accurate survey or physical inspection of the Property as of the date hereof.
[Signatures on Following Page]
IN WITNESS WHEREOF, the undersigned has executed this document as of the
day and year indicated.
Dated:
GRANTOR:
CITY OF PALM SPRINGS,
a California charter city
By:
Name:
Its:
STATE OF CALIFORNIA )
)ss.
COUNTY OF )
On before me, a 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.
Notary Public (SEAL)
2
EXHIBIT A To GRANT DEED
LEGAL DESCRIPTION
The Land is that certain real property located in the City of Palm Springs, County of Riverside,
State of California, described as follows:
LOT#222, PER MAP RECORDED IN BOOK 24, PAGE 53 OF MAPS, IN THE COUNTY
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA (DESERT HIGHLAND ESTATES)
APN 669-393-023
3
[Avenida Cerea and Granada Road]
SEPARATE STATEMENT OF
DOCUMENTARY TRANSFER TAX
County Recorder
Riverside County
Dear Sir:
In accordance with California Revenue and Taxation Code Section 11932, it is
requested that this Statement of Documentary Transfer Tax due not be recorded with the attached
deed, but be affixed to the deed after recordation and before return as directed on the deed.
The deed names THE CITY OF PALM SPRINGS, a California charter city, as
Grantor, and ROBIN S. PLUNKET, as Grantee. The land being transferred is located in the City
of Palm Springs, County of Riverside, State of California.
The amount of the documentary transfer tax due on the attached deed is
Dollars ($ ), computed on the
full value of the property described.
Very truly yours,
a
By:
Name:
Its:
lAvenida Cerca and Granada Road)
EXHIBIT A
LEGAL DESCRIPTION
The Land is that certain real property located in the City of Palm Springs, County of Riverside,
State of California, described as follows:
LOT#222, PER MAP RECORDED IN BOOK 24, PAGE 53 OF MAPS, IN THE COUNTY
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA (DESERT HIGHLAND ESTATES)
APN 669-393-023
IMP Lawyers Title Company
700 E Tahquitz Canyon Way, Suite B
Palm Springs, CA 92262
Phone: (760) 327-6523
Fax: (760) 327-6748
Whitney Adkins, Escrow Officer/Branch Manager
Phone: (760) 327-6523 . E-Fax: (866} 665-7637
e-mail: whitney.adkinsaltic.com
THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS — READ IT CAREFULLY!
SUPPLEMENTAL ESCROW INSTRUCTIONS & GENERAL PROVISIONS
Date:02/03/2014 Escrow No.:07806011-708-WAS
THE ESCROW HOLDER IS LAWYERS TITLE COMPANY, WHICH IS LICENSED BY THE
CALIFORNIA DEPARTMENT OF INSURANCE
Buyer has handed Escrow Holder an initial deposit in the amount of: $ 5,000.00
Prior to the close of escrow, Buyer will deposit an additional amount of $ 16,000.00
TOTAL CONSIDERATION $ 21,000.00
Prior to the expiration of the time specified in this paragraph, Buyer(s) and/or Seller(s) will hand you, or cause
to be handed to you, all funds and/or documents, required from Buyer(s) and/or Seller(s) to enable you to
comply with these instructions, all of which you are authorized to use and/or deliver on 06/03/2014,
provided that our title insurer, Lawyers Title Comoany., has advised you that they are in a position to issue
an Owners Policy of Title Insurance in the issuing title company's usual form (as specified in paragraph 12 of
the Residential Purchase Agreement and Joint Escrow Instructions), with a liability of not less than the total
consideration of $21.000.00, and insuring title to Real Property described as:
APN# 669-393-023-3
Commonly Known AS: (Escrow Holder shall not be concerned or liable for the verification of said address)
For purposes of this gtransaction the BUYER(S) is:
�. <=x -�'d a��^'� .;?'SxdII •#n tr_, R 'YSF � ` z � � 'Vi 'e' a+ I5 I
Fpr purposes of this transaction the SELLER(SS)is
� :
� �� b�'+ t • �' � - idea��l� e
Free from Encumbrances EXCEPT:
1. Current general and special taxes for the fiscal year in which this escrow closes, and taxes for the ensuing
year, if any, a lien not yet due and payable.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 (commencing with Section 75) of
the California Revenue and Taxation Code, all bonds and assessments levied or assessed subsequent to
the date of these instructions.
3. Covenants, conditions, restrictions, reservations, rights, rights of way, easements and the exception or
reservation of water, oil, gas, minerals, carbons, hydrocarbons or kindred substances on or under said
land, now of record, if any, or in the Deed to file.
PLEASE INITIAL BUYER(S): / SELLER(S) PAGE 1
Escrow No.: 07806011-708-WA1
ADDITIONAL INSTRUCTIONS
1. REAL ESTATE PURCHASE CONTRACT;
Escrow Holder has received and acknowledged the Purchase Agreement and Escrow Instructions dated
February 19, 2014 and shall act in accordance with all items that pertain to escrow as stated in 2.
2. IMPORTANT NOTICE REGARDING DEPOSIT OF FUNDS FOR CLOSZNG,
Funds received by WIRE TRANSFER are available for immediate disbursement at the close of
escrow. Other forms of payment deposited may cause extended delays in closing. Escrow Holder
will not be responsible for any such delays due to the type of deposits made. Therefore, we
strongly urge any deposits made for closing funds to be in the form of a wire transfer. Please
contact your escrow officer for our wiring instructions, or if you have any questions regarding
this notice.
3. ALL CASH TRANSACTION;
This is an all cash transaction. The buyer will not obtain financing in this transaction.
4. NO HOME WARRANTY PROGRAM:
Buyer(s) and Seller(s) have been informed that home warranty programs are available to provide
additional protection and benefits to the Buyer(s) and Seller(s). However, Buyer(s) and Seller(s) have
elected NOT TO PURCHASE a Home Warranty policy through this escrow.
S. NO HOMEOWNERS ASSOCIATION.
Seller(s) herein state that there is no Homeowners Association and/or Management Company that govern
subject property and that no dues are paid to any such entity for common areas. Should it be determined
at a later date that there are association fees and/or dues that are payable for subject property SELLER
shall assume full and complete liability for the payment of all unpaid dues, transfer fees and document
fees through and including the date the delinquency is discovered.
6. COSTS AND CHARGES:
Escrow, Title and Recording costs are to be charged to the principals account, as you deem customary in
this County, unless you are instructed to do otherwise in writing. Additionally, Escrow Holder shall charge
Sellers account for any costs associated with the Assurances of Title, Beneficiary Statement(s) and/or
Demand(s) together with any amounts necessary to place title in condition called for, unless specifically
instructed to do otherwise in writing. Lawyers Title Company may be required to advance funds into this
escrow, in order to expedite the processing of this transaction. All funds advanced shall be reimbursed to
Lawyers Title Company at the closing of this escrow or upon the cancellation of this escrow, from the
appropriate party(ies).
PLEASE INITIAL BUYER(S): / SELLER(S)*, --a PAGE 2
Escrow No.: 07806011-708-WAI
LAWYERS TITLE COMPANY GENERAL PROVISIONS
Please read this important information
(Revised June, 2g13)
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, vaayable to Lawyers
Title Comoanv which clear through the California Federal Reserve District 12 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").
DDe Qsit of funds into general escrow trust account unless instructed otherwise. You may instruct Escrow Holder to deposit
your funds into an interest bearing account by signing and returning the "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 Es row 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 Assessors 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.
PLEASE INITIAL BUYER(S): / SELLER(S) PAGE 3
Escrow No.: 07806011-708-WAS
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
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 request 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 15 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 polity 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 o�therrwii/use.
PLEASE INITIAL BUYER(S): / SELLER(S) L_._/ PAGE 4
Escrow No.: 07806011-708-WA1
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 escrow,
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, 13 and 14 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:
(i) 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;
(n)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. REIMBURSEMENT ATTORNEY FEES/ESCROW HOLDER
In the event that a suit is brought by any party or parties to these escrow instructions to which the Escrow Holder is named
as a party which results in a judgment in favor of the Escrow Holder and against a principal or principals herein, the
principals or principals' agent agree to pay said Escrow Holder all costs, expenses and reasonable attorney's fees which it
may expend or incur in said suit, the amount thereof to be fixed and judgment therefore to be rendered by the court in said
suit.
17. 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 in these instructions. If delivered by regular mail,
receipt is determined to be 72 hours after such mailing. 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.
18. 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
POOR 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 POOR 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.
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 (non-resident alien) must withhold a tax equal to ten percent (10%) of the amount realized on the
disposition, report the transaction and remit the withholding to the Internal Revenue Service within twenty (20) days after
the transfer. Lawyers Title Company has not and will not participate in any determination of whether the FIRPTA tax
provisions are applicable to the subject transaction, nor act as a Qualified Substitute nor furnish tax advice to any party to
the transaction. Lawyers Title Company is not responsible for determining whether the transaction will qualify for an
exception or an exemption and is not responsible for the filing of any tax farms with the Internal Revenue Service as they
relate to FIRPTA. Lawyers Title Company is not the 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. The buyer is advised
they must independently make a determination of whether the contemplated transaction is taxable or non-taxable and the
applicability of the withholding requirement to the subject transaction, and should seek the advice of their attorney or
accountant. Lawyers Title Company is not responsible for the payment of this tax and/or and 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. The Buyer is advised they bear full responsibility for compliance with the tax withholding requirement if
PLEASE INITIAL BUYER(S): / SELLER(S) PAGES
Escrow No.: 07806011-708-WAl
applicable and/or for payment of any tax, interest, penalties and/or other expenses that may be due on the subject
transaction.
CALIFOR VIA WITHHOLDING: In accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be
required to withhold an amount to 3 equal 1 3
certificate ex q / percent the sales price the amount that is specified in a written
executed by the transferor in the case of a disposition
ion of California real
l property interest by either:
1. A seller who is an individual, trust, or estate or when the disbursement instructions authorize the proce
eds eds 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 ro being
property rty g conveyed is the seller's or
Y decedent's principal residence within the meaning
of
Section 121 of the Internal Revenue Code). 9
B. The last use of the property beingwas use b conveyed y y 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
9 property of like kind (within the meaning ofSection 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
e 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 ca aov
19. 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 1 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.
20. 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.
21. 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.
PLEASE INITIAL BUYER(S): / SELLER(S) PAGE 6
Escrow No.: 07806011-708-WAS
22. 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.
23. FACSIMILE/ELECTRONIC SIGNATURE
Escrow Holder is authorized and instructed that, in the event any party utilizes a "facsimile" transmitted signed documents
or instructions to Escrow Holder, you are to rely on the same for all escrow instruction purposes and the closing of escrow
as if they bore original signatures. Electronic Signature are not acceptable on recordable documents, "Electronic
Signature"means, as applicable, an electronic copy or signature complying with California Law.
24. 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.
efficiency/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.
25. 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.
26. 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
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 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.
SELLER: BUYER:
PLEASE INITIAL BUYER(S): / SELLER( PAGE 7
Escrow No.: 07806011-708-WAI
The City of Palm Springs, a California charter
city, acting solely in its capacity as the Housing
Successor Agency to the former Community
to ment Agency
By: Robin S. Plunket
Name: ppJID �}. ►�iEA
its: e �7^Y MfinIHCZEk
APPROVED BY CITY COUNCIL
ATTEST.
ty Cierk A
-)ate
PLEASE INITIAL BUYER(S): / SELLER(S PAGE 8
iL a e' Lawyers Title Company
1STitl 70p E Tahquitz Canyon Way, Suite B
Palm Springs, CA 92262
Phone: (760) 327-6523
Fax: 760 327-6748
Whitney Adkins, Escrow Officer/Branch Manager
Phone: (760) 327-6523 • E-Fax: (866) 665-7637
e-mail: whitnev.adkins(a ltic com
COMMISSION INSTRUCTIONS
Total Compensation to Listing Broker
Date: March 10, 2014 Escrow No.: 07806011-708-WAl
To: Lawyers Title Company
Re: Vacant Land known as APN 669-393-023, Palm Springs, CA
Upon the close of the above referenced escrow, escrow holder will pay from the proceeds due Seller(s) the
following disbursement:
Keller Williams Realty
435 N. Palm Canyon Drive
Palm Springs, CA 92262
Chandra DaSilva
Phone: (760) 905-0911
Fax: (760) 322-9266
The TOTAL broker compensation in the amount of $ 2,100.00
This clarification provides for the disbursement of commission to the broker as shown above, by escrow holder
at the close of escrow. This disbursement may not be amended or revoked without the written
consent of the Broker named above.
SELLER:
The City of Palm Springs, a California charter APPROVED BY CITY COUNCIL
city, acting solely in its capacity as the Housing
Successor Agency to the former Community Redvelopment Agency 111
By:
Name: DHV/0 ti.RcAD
its: CfrYMAA/RGER A U rURfv'.
BROKER ACKNOWLEDGEMENT: y hil.,-- ,-,,y
Keller Williams Realty d- /7-
AV /4,
License No.
TITLE: ATTEST.
T
;iity Clerk
RECORDING REQUESTED BY
Lawyers Title Company.
WHEN RECORDED MAIL THIS DOCUMENT
AND TAX STATEMENTS TO:
Robin S. Plunket
10401 Wilshire Blvd #514
Beverly Hills, CA 90210
APN: 669-393-023-3
Escrow No: 07806011-708-WA1
Title No: 614690581
Space above this line for Recorder's use
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): Documentary Transfer Tax not shown pursuant to
Section 11932 of the California Revenue and Taxation Code
❑ City of Palm Springs, AND
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The City of Palm Springs, a California charter city, acting solely in its capacity as the Housing Successor Agency to
the former Community Redvelopment Agency a =phrasebox title= organized and existing under the laws of the State offnn nn hereby GRANT(S) to
Robin S. Plunket
the following described real property in the City of County of Riverside, State of California:
See Exhibit A attached hereto and made a part hereof.
Commonly known as: Vacant Land known as APN 669-393-023, Palm Springs, CA
Dated: March 10. 2014 The City of Palm Springs, a California charter
city, acting solely in its capacity as the Housing
STATE OF CALIFORNIA )ss: Successor Agency to the former Community
COUNTY OF Redvelopment Agency
On before me, /
a Notary Public, By:
(here insert name and title of the officer) Name:piJ)D 14,',�tiqby
personally appeared its:
who proved to me on the basis of satisfactory evidence C ITy MH�9GER
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
tapacity(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. ATTEST:
I certify under PENALTY OF PERJURY under the laws of , 0
the State of California that the foregoing paragraph is b �.f s� LC iAw . �a'q►.
true and correct. ��CIefIC
WITNESS my hand and official seal.
Signature
(This area for notary stamp)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) ss.
City of Palm Springs )
On April 22, 2014, before me, JAMES THOMPSON, CITY CLERK, CITY OF
PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I
personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name
is subscribed to the within instrument and acknowledged to me that he executed the
same in his official and authorized capacity on behalf of the City of Palm Springs, a
California Charter City.
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 the official seal of the City of Palm Springs, California, this
22°d day of April, 2014.
�OF V ALM S'0
iy
a
u a
ercut+v+
Signature: CgOFo BN`P
AMES THOMPSON, CITY CLERK
City of Palm Springs, California
Title or Type of Document
Grant Deed — of APN 669-393-023-3 to Robin S. Plunket
EXHIBIT"A"
LEGAL DESCRIPTION
All that certain real property situated in the City of Palm Springs, County of Riverside, State of
California, described as follows:
APN M 669-393-023
## ####
C A L I PORN I A DISCLOWRE�tEGARDING
#r
REAL ESTATEAGENCY RELATIONSHIP
� ASSOCIATION -(Listing Firm to Seller)
YYY
OF REACTORS As required Civil Code( q ell by the CI )
' C.A.R.Form AD Revised 11112
t )
(](if checked)This form Is being proNded In connection with a transaction for a leaseholder Interest In a dwelling exceeding one year as per CIA Code
section 2079.130)and(1).
When you ender into a discussion Wth a real estate agent regarding a real estate transaction,you should from the outset understand what type or agency
relationship or representation you wish to have with the agent In the transactlon.
SELLER'S AGENT ,
A Setters agent under a listing agreement with the Seiler acts as the agent for the Seller only. A Sellers agent a a subagent of that agent has the
following affirmative obligations:
To the Seller:A Rdudary duty of utmost care,integrity,honesty and loyalty In dealings with the Seller.
To the Buyer and the seller.
(a) Pingent exercise of reasonable skill and care In performanca of the agents dudes.
�o) A duty of honest end fair dealing and good faith.
c) A duty to disclose ail lads known to the agent materially affecting the value or desirability of the property that are not known to,or within the
dlllgent
atenton and observation of,the padisa.An agent Is not obligated to reveal to either parry any confidendaf informaton obtained from the
other parry that does not Involve the affirmative dudes set forth above.
BUYERS AGENT
A selling agent,can,with a Buyer's consent, agree to act as agent for the Buyer only.In these situations, the agent is not the Sellers agent even it by
agreement the agent may recalve compensation for services rendered,alther In full or in part from the Seder.An agent acting only for a Buyer has the
following affirmative obligations:
To the Buyer:A fiduciary duty of utmost care,Integrity,honesty and loyalty In dealings with the Buyer.
To the Buuyyor and the Seller.
s) Dlllgent exercise of reasonable skill and care in performance of the agents dudes. '
b) A duty of honest and fair dealing and good Will
c) A duty to disclose ail fads known to the agent materially affecting the value or desirability of the properly that are not known ip.or within the
diligent sitention and observation of,the parties. '
ti
agent Is not obligated to reveal to either party any confidential information obtained from the other party that does not Involve the affin the dudes set
th above.
GENT REPRESENTING BOTH SELLER AND BUYER
real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a
nsaction,but orgy with the knowledge and consent of both the Seder and the Buyer.
a dual agency situatlon,the agent has the following affirmative obllgatoms to both the Seller and the Buyer.
(a) A fiduciary duty of utmost care.Integrity,honesty and teyalty In the dealings with either the Seller or the Buyer. _
b Other duties to the Setter and the Buyer as stated above In their respective sections.
representing both Salley and t;uyer,the agent may not without the express permission of the respective parry,disclose to the other party that the Seller
l accept a price less than the Asttng price a that the Buyer will pay a price grater than the prim offered.
e above duties of the agent In a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his a.her own Interests You
ould carefully read;all agreements fo assure that they adequately express your understanding of the transaction. A real estate agent Is a person
alified to advise about real estate.If legal or tax advice Is desired,consult a competent prolesslonal.
roughout youral property transaction you may receive more than one disclosure forth, depending upon the number of agerds assisting In the
nsaction.The Ia v requires a0ch agentwith whom you have more than a casual relafiohshlp to present you with t is disclosure form.You should read
contents each time it is presented to you, considering the reladonshlp between you and the real estate agent In your specific transaction. This
sclosure form includes the provisions of Sections 2079.13 to 2079$24.jnciusive,of the Civil Code set forth on page 2eRead Itcarefully.INM
CKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSU�NO-A4F:��TIONS OF THE CIVIL C DE PRINTED ON THE BACK(OR.A
EPARATE PAGE).
Buyer M Seller (]Landlord []Tenant �T/. ate �„'A�'• .1K
j DAdtD H. f't�rfby > MA4 6W
❑ Buyer Q Seller ❑Landlord ❑Tenant
I
' Agent 13REUc.#01417409
e I E' to cloy(Firm} _ O
I By BRE LIc.#M an�669 Date r2—d:7 //
�
iI (Salesperson or Bro er-Asso ate) Chandra Da943va
Agency Disclosure Compliance(Civil Code§2079.14):
1 • When the listing brokerage company also represents Buya/IenanL•The Listing Agent shall have one AD forth signed by Sellont-andlord and a
different AD form signed by Buyedrenant.
•When SellerUrrclord and Buyer/Tenant are represented by different brokerage companies:(1)the Ustirg Agent shall have one AD form signed by
Seller l-andiord and (II) the Buyer's/Tonants Agent shah have one AD form signed by Buyedtenabt.and either that Sarno or a different AD forth
I presented to Setlar/Landlord for signature prior b presentation of the offer.if the same form Is used,Seder may sign here:
I SELLERILANDLORD:DO NOT SIGN HERE (SELLERILANDLORD:DO NOT SIGN HE
er n or atO a Seta La lord - fo
The copyright laws of the United States (Tifle 17 U.S. Code) forbid the PPROVED'BY CITY COUNCIL .
unauthorized reproducton of this form, or any portion thereof,by photocopy W1 „e.(1C k '/ `,` ^ t .{�f;
machine or any other means, including facsimile or computerized formals. '1[,�_j,�' A rl ILC NC�C CL
Copyright®1991.2010, CALIFORNIA ASSOCIATION OF REALTORSS, INC.
ALL RIGHTS RESERVED. rf
ReNewed—by--!,bate
AD REVISED 11112(PAGE 1 OF 2) arauaott
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP(Ab PAGE 1 OF 2)
Agent: Chandra GaSliva Phone:7t0.905.0911 Fsx:760.322.9265 Prepared using zlpForm@ software
Sroker: Luxury Homes by Keller Williams 435 N,Palm Canyon Drive Palm Springs ,CA 92262
CIVIL.CODE SECTIONS 2079.24(2079.16 APPEARS ON THE FRONT)
2079.13 As used In Sacflons 2070.14 to 2079.24.Indusive,the toAowing terms have the following meanings:
(a)"Agent' means a person acting under provisions of title 9(commenting with Section 2295)In a real properly transaction,and Includes a person who Is
licensed as a real estate broker under Chapter 3(commencing with Section ISM of Part 1 of Division 4 of the Business and Professions Code,and under
whose license a gating Is executed or an offer to purchase is obtainsd.(b)'Asso^late licensee"means a person who is licensed as a-real esata broker or
salesperson under Chapter 3 (commencing with Section 10130)at P f of Division 4 of the Business and Professions Code and who Is either licensed
under a broker or has entaredSnto a written contract with a broker to act as the broker's agent in connection with arts requiring a real estate license and to
function under the brokers supervision In the capacity of an associate Ilcsnsee.The agent In the real property transaction bears responsibility for his or her
associate licensees who perform as agents of the agent When an associate licensee owes a duty to any principel,or to any buyer a seller who Is not a
prinolpal, In a real property transaction,that duty Is eeqqulvaiant to the duty owed to that party by the broker for whom the associate licensee functions. (c)
3yyer means a transferee in a real property transaction,and Includes a person who executes an offer to purchase real property from a seller through an
agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering Into a real propel
(ransaetivn."erryer Includes vendee or lessee.(d) Dual agent"means an aggent acting, either dlrecty or through an associate licensee,as agent for bolo
the seller and the buyer in a real property transaction.(e)"Listing agreement means a contract between an owner of real property and an agent.by which
the agent has been authorized to sell the real property or to find or obtain a buyer (f)°Listing agent"means a person who has obtained a gs ng of real
property to ad es an agent for pmpensa0on.(g)°Listing price"la the amount expressed In dollars specified In the gating for which the safer Is willing to sell
the reel property through the Ilsting agent (h) °Offering pore le the amount aiWreseed in dollars speclfled In an offer to purchase for which the buyer is
wilting to buy the real property. (IJ "Offer to purdrdse means a written contract executed by a buyer among through a selling agent which becomes the
contract for the sate of the reel propsr�y upon acrep�ance by the seller.Q) "Real property'means any estate speclied by subdivision(1)or(2)of Seaton
761 in property which conetWtea or la improved with one to four dwelling unite, any leasehold in this t{yyppee of pproperly exceeding one year's duration,and
m oboe homes,wA1en otered forests err sold through en agent pursuant o the authority contained in Section 10731.6 of the Business and Professions Code.
Ik)"Real property Iransac0on'means a trsnsactlon for the sale of real prod erlY In win ch an agent Is employed by one or more of the pdndpals to act In that
ttrransaction,and includes a listing or an offer to purchase.(q"Sell;'sale, or sold"refers o a transaction for the transfer of real property from the sugar to
the buyer, and Includes exchanges of real property between the seller and buyer,transactors for the creation of a real property sales contract within the
meaning of Section 2985,and transactions for the creation of a leasehold exceeding one years duraton.(m)"Seller means iha trarsfemr in a real property
transaction,and Includes an owner who fists reel props with an agent whether or nok a transfer results,yr who receves an offer to purchase real property
of which he or she is the owner from an agent on behaH of acotl>ar."Sella"Includes both a vendor and a lessor.(n)•Selling I anC means a listing agent
who ads alone,or an agent who acts In cooperation with a Wstlrg agent,and who sells or tkds and oholns a buyer for the real pr a an agent who
locates property for a buyer or who finds a buyer for a property For vAnich no tlatlngg exists and presents an offer to purchase o the se 011"Subagent"
means a pperson to whom an agent delegates agency powers as provided 3n Artlde 5(commenting with Section 2349)of Chapter 1 of TlUe 9.However,
subaggent does not Include an assodate lloensee who is aoing under the suparvlsion of an agent Ina real property hanSection.
2019.14 Usdngg agents and selling agents shall provide the seller and buyer W a real properly transaction Wilk a copy of the disclosure form specified in
Section 2079.10,and,except as provided to subdivision(c),shell abtaln a signed aalvnowledgement of reoelpl from that seller or buyer,except as provided
In this section or Section 2070.15 as follows: (a) The listing agent If any, shall provide the disclosure form to the seta prior to entermg Into the gating
agreement.(lb The seling agent shall provide the dlsciosureorm o the cellar as soon es precticable prior o presendrrg the seller with,anon to purdsse,
unless the selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision a. c)Where the setli a ant does not
deal on a face-to4ace basis with the seller, the disclosure form prepared by the selling agent may be furnish seller(and a edgemend of
receipt obtained for the selling agent from the seller by the listing agent,or the setiing agent may deliver the disclosure form tiy aeNfled mall addressed to
the seller at his or her last known address, in when case no signed acknowledgement ct receipt Is required. (d)The setMg aged shag provide the
dsclosure form to the buyer as soon as practicable prior to execution of the buryars offer to purchase,except that If the offer to purchase is not prepared by
the Selling agent,the selling agent shall present the disclosure form to the buyer not later than the next business day after the selling agent receives the
offer fo purchase from the buyer.
2079.15 In any circumstance In which the seller or buyer refuses to sign a i admowledgament of receipt pursuant to Section 2079.14.lire agent,or an
aasodate licenses acing for an agent,shall set forth,sign,and date a written declaration of the facts of the.refusal.
2079.16 Reproduced on Page 1 of this AD form.
2070.17((a)As soon as practicable,the sating agent shall disclose to the buyer and seller whether the selling agentis ailing In the real property transaction
exduslVely as the buyers agent exclusively as the sellers agent or as a dual agent raprasaniing both the buyer and the seller.This relationship shag be
confirmed In the contract to purchase and sell real property or Ina aepamte wdfing executed oracknovAedged by the seller,me buyer,and the selling agent
prior to or coincident with execution of that contract b' the buyer air the seller, respectively.(b)As soon as practicable,Ote isbng agent shall diedeae to
the seller whether the listing agent Is acing In the rea�proporty transaction exclusively as the setters agent,or as a dual agars representing both the buyer
and seller.This relationship shall be confirmed In the contract to purchase and sell real property or In a separate writing executed or acknowledged by the
seller and the listing agent prior to or coincident with the execution of that contract by the seller.
(a)The confirmation required by subdivisions(a)and(b)shall be in the following form.
(DO NOT COMPLETE,SAMPLE ONLY) is the agent of(check one): ❑the seller oxdusively;or ❑both the buyer and seller.
erne of Usting Agent)
(DO NOT COMPLETE„SAMPLE ONLY) Is the agent of(check one): ❑the buyer axdusively,,a❑the seller exclusively: or
(Name of sa ng Agent If not the same ere a sting A9ang ❑both the buyer and seller.
(d)The disclosures and confirmation required by Ails section shall be In addition to the disclosure required by Section 2079.14,
2079.18 No selling agent In a real properly transaction may ad as an agent for the buyer orgy,when the selling agent Is also acting as the Ilstlng agent In
the transaction,
2079.19-The payment of compensetlon or the obligation to pay.compensation to an agent by the seller or buyer is not necessarily determinative of a
particular agesey relallonshlp between an agent and the seller or buyer.A islingg agent and a selling agent may agree to share any compensation or
commission paid,or any right to any compensaton or commission for which an DbggaUon arises as the result of a real estate transaction,and the terms of
any such agreement shall not necassaTil y be determinative of a particular relationship.
2079.20 Nothing In this article prevents an agent from selaeting, as a condition of die agent's emplo ent, a specific form of agency relationship not
Specifically prohibited by this article If the requirements of Section 2079.14 and Sedon2g79.17 are com led with.
2079.21 A dual agant shall not disclose to the buyer that the seller Is willing to seJ the property at a price lass than the gating price,without the express
written consent of the seller.A dual agent shall not disclose to the seller that the buyer Is willing to payy a price greater than the offering prop,without the
express written consent of the buyer. This section does not alter in any way the duty or responsibiliy of a dual agent to any pdndpal with respect to
confidential Information other than price.
2079.22 Nothing in this article produces a listing agent from also being a selling agent, and the combination of these functions In one agent does not of
itself,make that agent a dual agent
2079.23 A contract betwoen the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the
ad which is the object of the agency will the wMtten consent of the paNes to the agency relatonship.
207D.24 Nothing In this article shall be construed to elther crtminish the duty of disclosure owed buyers and sellers byy agents and their associate licensees,
subagents, and employees or to reteve agents and their associate licensees,subagents,and employees from lability for their conduct In connection with
acts governed by this ariide or for any breach of a fiduciary duty or a duty of dlsdosure.
PublIshad end DIArbuod err:
„ REAL ESTAIE BUSINESS SERVICES,INC.
a subizi ry afVni DUFORMA ASSOC14710N OF REALTORSa
1 ` • 625 South MigK Avenue;Los AngeNs,Calforda 90e20
AD REVISED 11/12(PAGE 2 OF 2) ReOmed by Date rrer°Y'xsnrasrr
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) Robin S.Plunket
CALIFORNIA STATEWIDE BUYER AND SELLER ADVISORY
1kASSOCIATION (This Form Does Not Replace Local Condition Disclosures.
OF R E A L TO R S 0 Additional Addenda May Be Attached to This Advisory.See Paragraph 51)
(C.A.R.Form$BSA,Revised 11113)
400 W. Avenida Cerca (Lot #222)
Property Address Palm Springs, CA 92262 Date Februaxy 19, 2014
BUYER RIGHTS AND DUTIES;
• The physical condition of the land and improvements being purchased are not guaranteed by Seller or Brokers.
• You should conduct thorough investigations of the Property both personally and with appropriate professionals.
• If professionals recommend further inspections, you should contact qualified experts to conduct such inspections.
• You should retain your own professional even if Seller or Broker has provided you with existing reports.
• You should read all written reports given to you and discuss those reports with the persons who prepared them.
• You have the right to request that the Seller make repairs or corrections or take other actions based on inspections or
disclosures, but the Seller is not obligated to make any such repairs,corrections or other requested actions.
• If the Seller is unwilling or unable to satisfy your requests, and you act within certain time periods, you may have the right
to cancel the Agreement(the Purchase Agreement and any Counter Offer and Addenda together are the"Agreement"). If
you cancel outside of these periods, you may be In breach of the Agreement and your deposit might be at risk.
• The terms of the purchase agreement and any counter offers and addenda establish your rights and responsibilities.
YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE
PROPERTY. IF YOU DO NOT DO$O,YOU ARE ACTING AGAINST THE ADVICE OF BROKERS.
SELLER RIGHTS AND DUTIES:
• You have a duty to disclose material facts known to you that affect the value or desirability of the Property.
• You are obligated to make the Property available to the Buyer and have utilities on for Inspections as allowed by the
Agreement.
• This form is not a substitute for completing a Real Estate Transfer Disclosure Statement, if required, and any other
property-specific questionnaires or disclosures.
• The terms of the Agreement establish your rights and responsibilities.
BROKER RIGHTS AND DUTIES:
• Brokers do not have expertise in all areas and matters affecting the Property or your evaluation of it.
• For most sales of residential properties with no more than four units, Brokers have a duty to make a reasonably
competent and diligent visual inspection of the accessible areas of the Property and disclose to you material facts or
defects that the inspection reveals.
• Many defects and conditions may not be discoverable by a Broker's visual inspection.
• If Brokers give a referral to another professional, Brokers do not guarantee that person's performance. You may select
any professional of your own choosing.
• Any written agreement between a Broker and either Buyer or Seller or both establishes the rights and responsibilities of
those parties.
1. INSPECTIONS: Buyer and Seller are advised that Buyer has the right to obtain various inspections of the Property
under most residential purchase agreements. Buyer is advised to have the Property inspected by a professional property
inspection service within Buyer's inspection contingency period. A licensed building contractor or other professional may
perform these services. The inspector generally does not look behind walls or under carpets, or take equipment apart.
Certain items on the Property, such as chimneys and spark arresters, plumbing, heating, air conditioning, electrical wiring,
pool and spa, septic system,well, roof, foundation and structural items may need to be inspected by another professional,
such as a chimney sweep, plumber, electrician, pool and spa service, septic or well company or roofer. A general physical
inspection typically will not test for mold, wood destroying pests, lead-based paint, radon,asbestos and other environmental
hazards, geologic conditions, age, remaining useful life or water-tightness of roof, cracks, leaks or operational problems
associated with a pool or spa or connection of the Property to a sewer system. If Buyer wants further information on any
aspect of the Property, Broker recommends that Buyer have a discussion with the professional property inspector and that
Buyer hire an appropriate professional for the area of concern to Buyer. Brokers do not have expertise in these areas.
Brokers do not verify the results of any such inspection or guarantee the performance of any such inspector or service. Any
election by Buyer to w ' e the right to a physical inspection of the Property or to rely on somebody other than an
appropriate profe s against the advice of Brokers. Not all inspectors are licensed and licenses are not available for
all types of t ctivities.
Buyer's Initial 1( Sellers initials
The copyright laws of the United States there f, U.S.pCode] mac the ora any
other
means,reproduction of this corm,or any portion thereof,by photocopy machine or any other
means, InGuding facsimile w compoledzetl lonnefs. Copyright ® 2004-2013.
CALIFORNIA ASSOCIATION OF REALTORS&INC-ALL RIGHTS RESERVED. Reviewed by_Date 1101kwpp
$BSA REVISED 11113(PAGE 1 OF 12) ""Pl Nnr
STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 1 OF 12
Agent: Chandra DaSilva Phone:760.905.0911 Fax:760.322.0266 Prepared using zlpPorrr@ software
Broker: Luxu Homes by Keller Wllliams,435 N.Palm Canyon Drive Palm Springs ,CA 92262
400 W. Avenida Cerca (Lot 1222)
Property Address: Palm Springs, CA 92262 Date: February 191 2014
2.. SQUARE FOOTAGE, LOT SIZE, BOUNDARIES AND SURVEYS: Buyer and Seller are advised that only an
appraiser or land surveyor, as applicable, can reliably confirm square footage, lot size, Property corners and exact
boundaries of the Property. Representations regarding these items that are made in a Multiple Listing Service,
advertisements, and from property tax assessor records are often approximations, or based upon inaccurate or incomplete
records. Fences, hedges, walls or other barriers may not represent actual boundary lines. Unless otherwise specified by
Broker in writing, Brokers have not verified any such boundary lines or any representations made by Seller or others.
Brokers do not have expertise in this area. Standard title insurance does not insure the boundaries of the Property. It Buyer
wants information about the exact square footage, lot size or location of Property corners or boundaries, Broker
recommends that Buyer hire an appraiser or licensed surveyor to investigate these matters or to prepare a survey of the
property during Buyer's inspection contingency period.
3, SOIL AND GEOLOGIC CONDITIONS: Buyer and Seller are advised that real estate in California is subject to settling,
slippage, contraction, expansion erosion, subsidence, earthquakes and other land movement. The Property may be
constructed on fill or improperly compacted soil and may have inadequate drainage capability. Any of these matters can
cause structural problems to improvements on the Property. Civil or geo-technical engineers are best suited to evaluate soil
stability, grading, drainage and other soil conditions. Additionally, the Property may contain known or unknown mines, mills,
caves or wells. Brokers do not have expertise in this area. If Buyer wants further information, Broker recommends that
Buyer hire an appropriate professional. Not all inspectors are licensed and licenses are not available for all types of
inspections.
4. GEOLOGIC HAZARDS: Buyer and Seller are advised that California has experienced earthquakes in the past,
and there is always a potential of future earthquakes. Damage caused by an earthquake may not be discoverable by a
visual inspection of Buyer(s) or Broker(s). Inspection by a licensed, qualified professional is strongly recommended to
determine the structural integrity and safety of all structures and improvements on the Property. It the Property is a
condominium, or located in a planned unit development or in a common interest subdivision, Buyer Is advised to contact the
homeowners association about earthquake repairs and retrofit work and the possibility of an increased or special
assessment to defray the costs of earthquake repairs or retrofit work. Buyer is encouraged to obtain and read the booklet
entitled, 'The Homeowner's Guide to Earthquake Safety." In most cases a questionnaire within the booklet must be
completed by Seller and the entire booklet given to the Buyer if the Property was built prior to 1960. If the Property was built
before 1975, and contains structures constructed of masonry or precast (till up) concrete walls, with wood frame floors or
roof, or if the building has unreinforced masonry walls,then Seller must provide Buyer a pamphlet entitled "The Commercial
Property Owner's Guide to Earthquake Safety." Many areas have a wide range of geologic problems and numerous studies
have been made of these conditions. Some of this information is available for public review at city and county planning
departments. Buyer is encouraged to review the public maps and reports and/or obtain a geologist's inspection report.
Brokers do not have expertise in this area.Buyer may be able to obtain earthquake insurance to protect their interest in the
Property. Sellers who agree to provide financing should also consider requiring Buyers to obtain such insurance naming
Seller(s)as insured lien holder(s).
5- ENVIRONMENTAL HAZARDS: Buyer and Seller are advised that the presence of certain kinds of organisms, toxins
and contaminants, including, but not limited to, mold (airborne, toxic or otherwise), fungi, mildew, lead-based paint and
other lead contamination, asbestos, formaldehyde, radon, pcb's, methane, other gases, fuel oil or chemical storage tanks,
contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, urea
formaldehyde, or other materials may adversely affect the Property and the health of individuals who live on or work at the
property as well as pets. If Buyer wants further information, Buyer is advised and Brokers) recommends, that Buyer have
the Property inspected far the existence of such conditions and organisms, and conditions that may lead to their formation.
Not all inspectors are licensed and Iioanses are not available for alf types of inspection activities. Buyer is also advised to
consult with appropriate experts regarding this topic during Buyer's inspection contingency period. Brokers do not have
expertise in this area. Broker recommends the Buyer and Seller read the booklets titled, "Residential Environmental
Hazards: A Guide for Homeowners, Homebuyers, Landlords and Tenants," and "Protect Your Family From Lead In Your
Home."
6. EPA's LEAD-BASED PAINT RENOVATION, REPAIR AND PAINTING RULE: The new rule requires that
contractors and maintenance professionals working in pre-1978 housing, child care facilities, and schools with lead-based
paint be certified; that their employees be trained; and that they follow protective work practice standards. The rule applies
to renovation, repair,or painting activities affectin more than six square feet of lead-based paint in a room or more than 20
square feet of lead-based paint on the exterior. enforcement of the rule begins October 1, 2010. See the EPA website at
www.epa.gov/leaadd for
more information. Buyer and Seller are advised to consult an appropriate professional,
Buyer's InitlalsQd ` ) Seller's Initials ( ( )
Copyright®2004-2013,CALIFORNIA ASSOCIATION OF REALTORS6,INC. Reviewetl by Oslo
SBSA REVISED 11113(PAGE 2 OF 12) aoroxrwm.
STATEWIDE BUYER AND SELLER ADVISORY(SBSA PAGE 2 OF 12) Redevetpment
400 W. Avenida Cerca (Lot #222)
Property Address: Palm Springs, CA 92262 Date: F'ebruarp 19, 2014
7. FORMALDEHYDE: Formaldehyde is a substance known to the State of California to cause cancer. Exposure to
formaldehyde may be caused by materials used in the construction of homes. The United States Environmental Protection
Agency, the California Air Resources Board, and other agencies have measured the presence of formaldehyde in the
indoor air of select homes in California. Levels of formaldehyde that present a significant cancer risk have been measured
in most homes that were tested. Formaldehyde is present in the air because it is emitted by a variety of building materials
and home products used in construction. The materials include carpeting, pressed wood products, insulation, plastics, and
glues. Most homes that have been tested elsewhere do contain formaldehyde,although the concentrations vary from home
to home with no obvious explanation for the differences. One of the problems is that many suppliers of building materials
and home products do not provide information on chemical ingredients to builders. Buyers may have further questions
about these issues. Buyer is advised to consult with appropriate experts regarding this topic during Buyer's investigation
period. Brokers do not have expertise in this area. Broker(s) recommend that Buyer and Seller read the booklet titled
"Residential Environmental Hazards: A Guide for Homeowners, Homebuyers, Landlords and Tenants."
8. MOLD: Buyer and Seller are advised that the presence of certain kinds of mold, fungi, mildew and other
organisms, sometimes referred to as `toxic mold" (collectively"Mold"), may adversely affect the Property and the health of
individuals who live on or work at the Property as well as pets. Mold does not affect all people the same way, and may not
affect some people at all. Mold may be caused by water leaks or other sources of moisture such as, but not limited to,
flooding, and leaks in windows, pipes and roof. Seller is advised to disclose the existence of any such conditions of which
he or she is aware. Buyer should carefully review all of Seller's disclosures for any indication that any of these conditions
exist. It is, however, possible that Mold may be hidden and that Seller is completely unaware of its existence. In addition,
Mold is often undetectable from a visual inspection, a professional general property inspection and even a structural pest
control inspection. Brokers do not have expertise in this area. If Buyer wants further information, Broker recommends that
Buyer have the Property tested for Mold by an environmental hygienist or other appropriate professional during Buyer's
inspection contingency period. Not all inspectors are licensed and licenses are not available for all types of inspection
activities.
9. WATER INTRUSION: Buyer and Seller are advised that many homes suffer from water intrusion or leakage. The
causes of water intrusion are varied, and can include defective construction, faulty grading, deterioration of building
materials and absence of waterproof barriers. Water intrusion can cause serious damage to the Property. This damage can
consist of wood rot, mold, mildew and even damage to the structural integrity of the Property. The cost of repairing and
remediating water intrusion damage and its causes can be very significant. The existence and cause of water intrusion is
often difficult to detect. Because you, your Broker or a general home inspector cannot visually observe any effects of water
intrusion, Buyer and Seller should not assume that such intrusion does not exist. Broker recommends that Buyer have the
Property inspected for water intrusion by an appropriate professional. Brokers do not have expertise in this area.
10. SEPTIC SYSTEMS: Buyer and Seller are advised that a property may be served by one or more septic systems even
though adjoining properties are connected to a sewer line. Buyer and Seller are also advised that some septic tanks and
systems may have been abandoned or have leaked into ground water sources. Buyer is advised to contact the appropriate
government agency to verify that the Property is connected to a sewer or served by a septic system. If the Property is
served by a septic system, it may consist of a septic tank, cesspool, pits, leach lines or a combination of such mechanisms
("collectively, System"). No representation or warranty is made by Seller or Broker concerning the condition, operability,
size, capacity or future expansion of a System, nor whether a System is adequate for use by the intended occupants of the
Property. A change in the number of occupants or the quantity, composition or methods of depositing waste may affect the
efficiency of the System. In addition, the amount of rainfall and ground water table may also affect the efficiency of the
System. Many factors including, but not limited to, natural forces, age, deterioration of materials and the load imposed on a
System can cause the System to fail at any time. Broker recommends that Buyer obtain an independent evaluation of any
System by a qualified sanitation professional during Buyer's inspection contingency period. Brokers do not have expertise
in this area. Buyer should consult with their sanitation professional to determine if their report includes the tank only, or
other additional components of the System such as pits and leach fields. Not all inspectors are licensed and licenses are
not available for all types of inspection activities. In some cases, Buyer's lender as well as local government agencies may
require System inspection. System-related maintenance costs may include, but not be limited to, locating, pumping or
providing outlets to ground level. Brokers are unable to advise Buyer or Seller regarding System-related issues or
associated costs, which may be significant. If Buyer and Seller agree to obtain a System inspection, Buyer and Seller are
cautioned that the inspection cost may include, but not be limited to, the costs of locating, pumping or providing outlets to
ground level.
Buyer's Inhlak eL 1 Sellers Initials (A ( )
Copyright®2004-2013,CALIFORNIA ASSOCIATION OF REALTORS0,INC.
SBSA REVISED 11113(PAGE 3 OF 12) 1 Reviewed by Daze owoax.n"�'u'v
STATEWIDE BUYER AND SELLER ADVISORY(SBSA PAGE 3 OF 12) Redevelpment
400 W. Avenida Cerca (Lot #222)
Property Address: Palm Springs, CA 92262 Date: February 19, 2014
11. WELL AND WATER SYSTEM(S): Buyer and Seller are advised that the Property may be served by one or more water
wells, springs, or private community or public water systems. Any of these private or public water systems may contain
bacteria, chemicals, minerals and metals, such as chromium. Well(s) may have been abandoned on the Property. Buyer is
advised to have both the quality and the quantity of water evaluated, and to obtain an analysis of the quality of any
domestic and agricultural water in use, or to be used at the Property, from whatever source. Water quality tests can include
not only tests for bacteria, such as coliform, but also tests for organic and inorganic chemicals, metals, mineral content and
gross alpha testing for radioactivity. Broker recommends that Buyer consult with a licensed, qualified well and pump
company and local government agency to determine whether any welt/spring or water system will adequately serve Buyer's
intended use and that Buyer have a well consultant perform an extended well output test for this purpose. Water well or
spring capacity, quantity output and quality may change at any time.There are no guarantees as to the future water quality,
quantity or duration of any well or spring. If Buyer wants further information, Broker(s) recommend that Buyer obtain an
inspection of the condition, age, adequacy and performance of all components of the wellspring and any water system
during Buyer's inspection contingency period. Brokers do not have expertise in this area.
12. WOOD DESTROYING PESTS: Buyer and Seller are advised that the presence of, or Conditions likely to lead to the
presence of infestation or infection of wood destroying pests and organisms may adversely affect the Property. Inspection
reports covering these items can be separated into two sections: Section f identifies areas where infestation or infection is
evident. Section 2 identifies areas where there are conditions likely to lead to infestation or infection. Brokers do not have
expertise in this area. If Buyer wants further information, Buyer is advised and Broker recommends that Buyer have the
Property inspected for the existence of such conditions and organisms, and conditions that may lead to their formation, by a
registered structural pest control company during Buyer's inspection contingency period.
13. EASEMENTS, ACCESS AND ENCROACHMENTS: Buyer and Seller are advised that confirming the exact location of
easements, shared or private driveways or roadways, and encroachments on or to the Property may be possible only by
conducting a survey. There may be unrecorded easements, access rights, encroachments and other agreements affecting
the Property that may not be disclosed by a survey. Representations regarding these items that are made in a Multiple
Listing Service or advertisements, or plotted by a title company are often approximations, or based upon inaccurate or
incomplete records. Unless otherwise specified by Broker in writing, Brokers have not verified any such matters or any
representations made by Seller(s) or others. If Buyer wants further information, Buyer is advised and Broker(s) recommend
that Buyer hire a licensed surveyor during Buyer's inspection contingency period. Brokers do not have expertise in this
area.
14. EARTHQUAKE FAULT ZONES AND SEISMIC HAZARD ZONES: Buyer and Seller are advised that California Public
Resources Code Sections 2622 and 2696 require the delineation and mapping of "Earthquake Fault Zones" along known
active faults and "Seismic Hazard Zones" in California. Affected cities and counties must regulate certain development
projects within these zones. Construction or development on affected properties may be subject to the findings of a
geological report prepared by a registered California geologist. Generally, Seller must disclose if the Property is in such a
zone and can use a research company to aid in the process. If Buyer wants further information, Broker recommends that,
during Buyer's inspection contingency period, Buyer make Independent inquiries with such research companies or with
appropriate government agencies concerning the use and improvement of the Property. Brokers do not have expertise in
this area. Buyer is advised that there is a potential for earthquakes and seismic hazards even outside designated zones.
15. FIRE HAZARDS: Buyer and Seller are advised that fires annually cause the destruction of thousands of homes. Due
to varied climate and topography, certain areas have higher risks of fires than others. Certain types of materials used in
home construction create a greater risk of fire than others. If the Property is located within a State Fire Responsibility Area
or a Very High Fire Hazard Zone, generally Seller must disclose that fact to Buyer under California Public Resources Code
Section 4136 and California Government Code Sections 51178 and 51183.5, and may use a research company to aid in
the process. Owners of property may be assessed a fire prevention fee of up to $150.00 per structure on each parcel in
such zones. The fee may be adjusted annually commencing July 1, 2013. If Buyer wants further information, Broker
recommends that, during Buyer's inspection contingency period, Buyer contact the local fire department and Buyer's
insurance agent regarding the risk of fire. Brokers do not have expertise in this area. Buyer is advised that there is a
potential for fires even outside designated zones.
16. FLOOD HAZARDS: Buyer and Seller are advised that if the Property is located within a Special Flood Hazard Area, as
designated by the Fed ral Emergency Management Agency(FEMA),or an area of Potential Flooding pursuant to California
Government Code tion 8589.3, generally Seller must disclose this fact to Buyer and may use a research company to
aid in the proce National Flood Insurance Program was established to identify all ff d pl ' areas and establish
Buyer's Initial ( 1 Seller's Initials ( 1
Copyright®2n0 -2053.CALIFORNIA ASSOCIATION OF REALTORSO,INC. —"
SBSA REVISED 11/13(PAGE 4 OF 12) Reviewed by Oat. amery
NRY
STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 4 OF 12) Redevelpment
400 W. Avenida Cerca (Lot #222)
Property Address:Palm Springs, CA 92262 Date: February 19, 2014
flood-risk zones within those areas. The program mandates flood insurance for properties within high-risk zones if loans are
obtained from a federally-regulated financial Institution or are insured by any agency of the United States Government. The
extent of coverage and costs may vary. If Buyer wants further information. Broker(s) recommend that Buyer consult his or
her lender and/or insurance agent during Buyer's inspection contingency period. Brokers do not have expertise in this area.
Buyer is advised that there is a potential for flooding even outside designated zones.
17. ZONE MAPS MAY CHANGE: Maps that designate, among other things, Earthquake Fault Zones, Seismic Hazard
Zones, State Fire Responsibility Areas, Very High Fire Hazard Zones, Special Flood Hazard Areas, and Potential Flooding
Areas are occasionally redrawn by the applicable Government Agency. Properties that are currently designated in a
specified zone or area could be removed and properties that are not now designated in a specified zone or area could be
placed in one or more such zones or areas in the future. A property owner may dispute a FEMA flood hazard location by
submitting an application to FEMA.
18. BUILDING PERMITS, ZONING AND CODE COMPLIANCE: Buyer and Seller are advised that any structure on the
Property, including the original structure and any addition, modification, remodel or improvement may have been built
without permits, not according to building codes, or in violation of zoning laws. Further, even if such structure was built
according to the then-existing code or zoning requirement, it may not be in compliance with current building standards or
local zoning. It is also possible that local law may not permit structures that now exist to be rebuilt in the event of damage or
destruction. Buyer is advised to check with appropriate government agencies or third party professionals to verify permits
and legal requirements and the effect of such requirements on current and future use of the Property, its development and
size. If Buyer wants further information, Broker(s) recommend that Buyer dscuss the issue with an appropriate professional
during Buyer's inspection contingency period. Brokers do not have expertise in this area.
19. VIEWS: Buyer and Seller are advised that present views from the Property may be affected by future development
or growth of trees and vegetation on adjacent properties and any other propertyy within the line of sight of the Propperty.
Brokers make no representation regarding the preservation of existing views. If Bu er wants further information, Brokers)
recommend that Buyer review covenants, conditions and restrictions, if any, and contact neighboring ppropOrty owners,
govemment agencies and homeowner associations, if any, during Buyer's inspection contingency period. Brokers do not
have expertise in this area.
20. FUTURE REPAIRS, REPLACEMENTS AND REMODELS: Buyer and Seller are advised that replacement or repairs of
certain systems or rebuilding or remodeling of all or a portion of the Property may trigger requirements that homeowners
comply with laws and regulations that either come Into effect after Close of Escrow or are not required to be complied with
until the replacement, repair, rebuild or remodel has occurred. Permit or code requirements or building standards may
change after Close of Escrow, resulting in increasing costs to repair existing features. In particular, Changes to state and
federal energy efficiency regulations impact the installation, replacement and some repairs of heating and air conditioning
units (HVAC). Federal regulations now require manufacturers of HVAC units to produce only units meeting a new higher
Seasonal Energy Efficiency Rating (SEER). This will likely impact repairs and replacements of existing HVAC units. State
regulations now require that when Installing or replacing HVAC units, with some exceptions, duct work must be tested for
leaks.Duct work leaking more than 15 percent must be repaired to reduce leaks. The average existing duct work typically
leaks 30 percent. More information is available at the California Energy Commission's website
http://www.energy.ca,gov/titfe24/changeout, Home warranty policies may not cover such inspections or repairs. If Buyer
wants further information, Broker recommends that Buyer discuss the issue with an appropriate professional during Buyer's
inspection contingency period. Brokers do not have expertise in this area.
21. GOLF COURSE DISCLOSURES: Buyer and Seller are advised that if the Property is located adjacent to or near a golf
course the following may apply:(1) Stray golf balls—Any residence near a golf course may be affected by errant golf balls,
resulting in personal Injury or destruction to property. Golfers may attempt to tresppass on adjacent property to retrieve golf
balls even though the project restrictions may expressly prohibit such retrieval. (II) Noise and lighting —The noise of lawn
mowers, irrigation systems and utility vehicles may create disturbances to homeowners. Maintenance operations may occur
in the early morning hours. Residents living near the clubhouse may be affected by extra lighting, noise, and traffic. (III)
Pesticides and fertilizer use—A golf course may be heavily fertilized, as well as subjected to other chemicals during certain
periods of the year. (tv) Irrigation system — Golf course sprinkler systems may cause water overspray upon adjacent
property and structures. Also the irrigation system of a golf course may use reclaimed and retreated wastewater. (v) Golf
carts—Certain lots may be affected more than others by the use of golf carts. Lots adjacent to a tee or putting green may
be subject to noise disturbances and loss of privacy. (vi) Access to golf course from residences — It is likely that most
residences will not have direct access from their lots to the golf course. The project restrictions may disclaim any right of
access or other easements from a resident's lot onto the golf course. (vii) View obstruction — Residents living near a golf
course may hae
s over the golf course impacted by maturing trees and landscaping or by changes to the
course's configuWater restrictions - As some mumapalities face water shortages, the continued availability of
water to the gay be restricted or otherwise reduced by the local water agency. If Buyer wants further
information, Bromend that Buyer contact the local water agency regarding this m rBuyer's Initia 1 seller's Inifials ( ( !
Copyright 02004-2013,CALIFORNIA ASSOCIATION OF REALTORS@,INC. u
SBSA REVISED 11/13(PAGE 5 OF 12) Reviewed by Date amPo romry
STATEWIDE BUYER AND SELLER ADVISORY(SBSA PAGE 5 OF 12) Redevelpment
400 W. Avenida Cerca (Lot #222)
Property Address: Palm Springs, CA 92262 Date: February 19, 2014
22. SCHOOLS: Buyer and Seller are advised that children living in the Property may not, for numerous reasons, be
permitted to attend the school nearest the Property. Various factors including, but not limited to, open enrollment policies,
busing, overcrowding and class size reductions may affect which public school serves the Property.. School district
boundaries are subject to change. Buyer is advised to verify whether the Property is now, and at the Close of Escrow will
be, in the school district Buyer understands it to be in and whether residing in the Property entitles a person to attend any
specific school in which that Buyer is interested. Broker(s) recommend that Buyer contact the local school or school district
for additional information during Buyer's inspection contingency period. Brokers do not have expertise in this area.
23. NEIGHBORHOOD NOISE SOURCES: Buyer and Seller are advised that even if the Property is not in an identified
airport noise influence area, the Property may still be subject to noise and air disturbances resulting from airplanes and
other aircraft, commercial or military or both, flying overhead. Other common sources of noise include nearby commercial
districts, schools, traffic on streets, highways and freeways, trains and general neighborhood noise from people, dogs and
other animals. Noise levels and types of noise that bother one person may be acceptable to others. Buyer is advised to
satisfy him/herself with regard to any sources of and amounts of noise at different times of day and night. Brokers do not
have expertise in this area.
24. PETS AND ANIMALS: Buyer and Seller are advised that the current or previous owner(s) may have had
domesticated or other pets and animals at the Property. Odors from animal urine or other contamination may be dormant
for long periods of time and then become active because of heat, humidity or other factors and might not be eliminated by
cleaning or replacing carpets or other cleaning methods. Pet urine and feces can also damage hardwood floors and other
floor coverings. Additionally, an animal may have had fleas, ticks and other pests that remain on the Property after the
animal has been removed. If Buyer wants further information, Broker(s) recommend that Buyer discuss the issue with an
appropriate professional during Buyer's inspection contingency period. Brokers do not have expertise in this area.
25. SWIMMING POOL, SECURITY AND SAFETY: Buyer and Seller are advised that state and local Law may require the
installation of barriers, anti-entrapment grates, access alarms, self-latching mechanisms and/or other measures to
decrease the risk to children and other persons of existing swimming pools and hot tubs, as well as various fire safety and
other measures concerning other features of the Property. Compliance requirements differ from city to city and county to
county. Unless specifically agreed, the Property may not be in compliance with these requirements. Brokers do not have
expertise in this area. If Buyer wants further information, Broker(s) recommend that Buyer contact local government
agencies about these restrictions and other requirements.
26. RETROFIT, BUILDING REQUIREMENTS, AND POINT OF SALE REQUIREMENTS: Buyer and Seller are advised
that stale and local Law may require (I) the installation of operable smoke detectors, (11) bracing or strapping of water
heaters, and (111) upon sale completion of a corresponding written statement of compliance that is delivered to Buyer.
Although not a point of sale or retrofit obligation, state law may require the property to have operable carbon monoxide
detection devices. Additionally, some city and county governments may impose additional retrofit standards at time of sale
including, but not limited to, installing low-flow toilets and showerheads, gas shut-off valves, and tempered glass. Brokers
do not have expertise in this area. Broker(s) recommend that Buyer and Seller consult with the appropriate government
agencies, inspectors, and other professionals to determine the retrofit standards for the Property, the extent to which the
Property complies with such standards; and the costs, it any,of compliance.
27. WATER SHORTAGES AND CONSERVATION: Buyer and Seller are advised that the Property may be located in
an area that could experience water shortages. The policies of local water districts and the city or county in which the
Property is located can result in the occurrence of any or all of the following: (1)limitations on the amount of water available
to the Property, (it)restrictions on the use of water, and (lit) an increasingly graduated cost per unit of water use, including,
but not limited to, penalties for excess usage. For further information, Broker recommends that Buyer contact the supplier of
water to the Properly regarding the supplier's current or anticipated policies on water usage and to determine the extent to
which those policies may affect Buyer's intended use of the Property. If the Property is serviced by a private well, Buyer is
advised that drought conditions and/or a low water table may make it necessary to arrange, through a private supplier, for
delivery of water to the Property. Buyers should contact water truck companies for the costs involved. Brokers do not have
expertise in this area.
28. NEIGHBORHOOD, AREA, PERSONAL FACTORS, HIGH SPEED RAILS, AND SMOKING RESTRICTIONS: Buyer
and Seller are advised that the following may affect the Property or Buyer's intended use of it: neighborhood or area
conditions, including schools, proximity and adequacy of law enforcement, crime, fire protection, other government
services, availability, adequacy and cost of any speed-wired, wireless internet connections or other telecommunications or
other technology services and installations, proximity to medical marijuana growing or distribution locations, Cell phone
towers, manufacturing, commercial, industrial, airport or agricultural activities or military ordnance locations, existing and
proposed transportatio C traction, and development, any other source that may affect noise, view, traffic, or odor, wild
and domestic ariG ceptibility to tsunami and adequacy of tsunami warnings, other nuisances, hazards, or
circumstances, pr species, wetland properties, botanical diseases, historic or other vernmentally-protected sites
Buyer's Initial ( I SG�Seller's Initials
4 ( 1
Copyright 02004-2013,CALIFORNIA ASSOCIATION OF REALTORS&,,INC.
SBSA REVISED 11/13(PAGE 6 OF 12) Reviewed by Date hMr
STATEWIDE BUYER AND SELLER ADVISORY(SBSA PAGE 6 OF 12) Redevelpment
400 W. Avenida Cerca (Lot #222)
Property Address:palm springs, CA 92262 Date: February 19, 2024
or improvements, cemeteries, conditions and influences of significance to certain cultures and/or religions, and personal
needs, requirements and preferences of Buyer. California is potentially moving toward high speed rail service between
Northern and Southern California. This rail line could have an impact on the Property if it is located nearby. More
information on the timing of the project and routes is available from the California High-Speed Rail Authority at
h[tD:!/cahiahs�Bed rail.ca.00v. The State of California has long-standing no smoking laws in place restricting smoking in
most business and some public spaces. Local jurisdictions may enact laws that are more restrictive than state law, Many
California cities have enacted restrictions on smoking in parks, public sidewalks, beaches and shopping areas. Some
jurisdictions have restrictions entirely banning smoking inside privately owned apartments and condominiums as well as in
the common areas of such structures, or limiting smoking to certain designated areas. If Buyer wants further information,
Broker(s) recommend that Buyer contact local government agencies about these restrictions.
29. UNDERGROUND PIPELINES AND UTILITIES: Throughout California underground pipelines transport natural gas,
liquid fuel and other potentially hazardous materials. These pipelines may or may not provide utility services to the
Property. Information about the location of some of the pipelines may be available from a company that also provides
disclosures of natural and other hazards or from other sources of public maps or records. Proximity to underground
pipelines, in and of itself, does not affirmatively establish the risk or safety of the property. If Buyer wants further information
about these underground pipelines and utilities, Buyer is advised to consult with appropriate experts during Buyer's
investigation contingency period. Brokers do not have expertise in this area.
30. MARIJUANA AND METHAMPHETAMINE LABS: Buyer and Seller are advised that California law permits individual
patients to cultivate, possess and use marijuana for medical purposes. Furthermore, California law permits primary
caregivers, lawfully organized cooperatives, and collectives to cultivate, distribute and possess marijuana for medicinal
purposes. California's medical marijuana law is in direct conflict with federal law which recognizes no lawful use for
marijuana and has no exemptions for medical use. Federal criminal penalties, some of which mandate prison time, remain
in effect for the possession, cultivation and distribution of marijuana. Buyer and Seller are strongly advised to seek legal
counsel as to the legal risks and issues surrounding owning or purchasing a property where medical or any other marijuana
activity is taking place. Marijuana storage, cultivation and processing carry the risk of causing mold, fungus or moisture
damage to a property, additionally, some properties where marijuana has been cultivated have had alterations to the
structure or the electrical system which may not have been done to code or with permits and may affect the safety of the
structure or the safe operation of the electrical system. Buyer is strongly advised to retain an environmental hygienist
contractor and other appropriate professionals to inspect a property where medical or any other marijuana activity has
taken place. Broker recommends that Buyer and Seller involved with a property where there is medical marijuana activity or
where it may take place review the California Attorney General's Guidelines for the "Securityy and Non-Diversion of
Marijuana Grown for Medical Use" (http://ag.ca.gov/cros_attachments/press/pdfs/n1601_medicalmariluanaguidelines.pdf)
and the U.S. Department of Justice memo regarding marijuana prosecutions at httpJ/www.iustice.00v.ona/documents/
medical-marijuana. p_d . Brokers do not have expertise in this area. While no state law permits the private production of
methamphetamine, some properties have been the site of an illegal methamphetamine laboratory. State law imposes an
obligation to notify occupants, a ban on occupying the property and clean up requirements when authorities identify a
property as being contaminated by methamphetamine. Buyer is advised that a property where methamphetamine has been
produced may pose a very serious health risk to occupants. Buyer is strongly advised to retain an environmental hygienist
contractor or other appropriate professionals to inspect the property if methamphetamine production is suspected to have
taken place. Brokers do not have expertise in this area.
31. INSURANCE AND TITLE INSURANCE AFTER FORECLOSURE: Buyer and Seller are advised that Buyer may have
difficulty obtaining insurance regarding the Property if there has been a prior insurance claim affecting the Property or made
by Buyer but unrelated to the Property. Seller is required by C.A.R. Form RPA to disclose known insurance claims made
during the past five years (C.A.R. Form SPQ or SSD). Sellers may not be aware of claims prier to their ownership. If Buyer
wants further information, Broker(sk recommend that; during Buyer's inspection contingency period, Buyer conduct his or
her own investigation for past cllaims. Buyer may need to obtain Seller's consent in order to have access to certain
investigation reports. If the Property is a condominium, or is located in a planned unit development or other common
interest subdivision, Buyer and Seller are advised to determine if the individual unit is covered by the Homeowner
Association Insurance. Broker(s) recommend that Buyer consult Buyer's insurance agents during Buyer's inspection
contingency period to determine the need, availability and possibility of securing any and all forms of other insurance or
coverage or any conditions imposed by insurer as a requirement of issuing insurance. If Buyer does any repairs to the
property during the escrow period or Buyer takes possession prior to Close of Escrow or Seller remains in possession after
Close of Escrow, whether for a limited or extended period of time, Broker(s)recommend that Buyer and Seller each consult
with their own insurance agent regarding insurance or coverage that could protect them in the transaction (including but not
limited to: personal property, flood, earthquake, umbrella and renter's). Buyer and Seller are advised that traditional title
insurance generally protects Buyer's title acquired through the sale of the property. While all title insurance policies, as do
all insurance policies, contain some exclusions, some title insurance policies contain exclusions for any liability arising from
a previous forecl®r'ti(
Can occur when a short sale has occurred but the lender mistakenly has also proceeded with a
foreclosure. Buyly advised to consult with a title insurer to satisfy themselves that the policy to be provided
adequately pre to the property against other possible claimants. Brokers do no v xpertise in this are
Buyer's Initials 1 yi Seller's Initials ( i
Copyright,02004-2013.CALIFORNIA ASSOCIATION OF REALTORS@,INC. -R
SBSA REVISED 11113(PAGE 7 OF 12). Reviewed by bate
STATEWIDE BUYER AND SELLER ADVISORY(SBSA PAGE 7 OF 12) Red"etpment
400 W. Avenida Cerca (Lot 1222)
Property Address:Palm Springs, CA 92262 Dale: February 19, 2014
32. CALIFORNIA FAIR PLAN; Buyer and Seller are advised that insurance for certain hillside, oceanfront and brush
properties may be available only from the California Fair Plan. This may increase the cost of insurance for such properties
and coverage may be limited, Broker(s) recommend that Buyer consult with Buyer's own insurance agent during Buyer's
inspection contingency period regarding the availability of coverage under the California Fair Plan and the length of time it
may take for processing of a California Fair Plan application. Brokers do not have expertise in this area.
33. HISTORICAL DESIGNATION, COASTAL COMMISSION, ARCHITECTURAL, LANDSCAPE, AGRICULTURAL OR
OPEN SPACE AND OTHER RESTRICTIONS ON BUILDINGS OR IMPROVEMENTS: Buyer and Seller are advised that
the Property may be: (1) designated as a historical landmark, (II) protected by a historical conservancy, (111) subject to an
architectural or landscaping review process, (iv) within the jurisdiction of the California Coastal Commission or other
government agency, or(v) subject to a contract preserving use of all or part of the Property for agriculture or open space. If
the Property is so designated or within the jurisdiction of any such, or similar, government agency, then there may be
restrictions on Buyer's ability to develop, remove or trim trees or other landscaping, remodel, make improvements to and
build on or rebuild the Property. Broker(s) recommend that Buyer satisfy him/herself during Buyer's inspection contingency
period if any of these issues are of concern to Buyer, Brokers do not have expertise in this area.
34. 1915 IMPROVEMENT BOND MELLO-ROOS COMMUNITY DISTRICT, AND OTHER ASSESSMENT DISTRICTS:
Buyer and Seller are advised that the Property may be subject to an improvement bond assessment under the
Improvement Bond Act of 1915, a levy of a special tax pursuant to a Mello-Roos Community Facilities district, ancior a
contractual assessment as provided in Section 5898.24 of the Streets And Highways Code or other assessment districts.
Seller is generally required to make a good faith effort to obtain a disclosure notice from any local agency collecting such
taxes and deliver such notice to Buyers. Brokers do not have expertise in this area.
35. HOMEOWNER ASSOCIATIONS AND COVENANTS, CONDITIONS AND RESTRICTIONS ("CC&Rs"J; CHARGING
STATIONS: Buyer and Seller are advised that if the Property is a condominium, or located in a planned unit development,
or in a common interest subdivision, there are typically restrictions on use of the Property and rules that must be followed.
Restrictions and rules are commonly found in Declarations and other governing documents, Further there is likely to be a
homeowner association (HOA) that has the authority to affect the Property and its use. Whether or not there is a HOA, the
Property may still be subject t0 CC&Rs restricting use of the Property. The HOA typically has the authority to enforce the
rules of the association, assess monetary payments (both regular monthly dues and special assessments) to provide for
the upkeep and maintenance of the common areas, and enforce the rules and assessment obligations. If you fail to abide
by the rules or pay monies owed to the HOA, the HOA may put a lien against your Property. Additionally, if an electric
vehicle charging station is installed in a common area or an exclusive use common area, each Seller whose parking space
is on or near that charging station must disclose its existence and that the Buyer will have the responsibilities set forth in
California Civil Code §1353.9. The law requires the Seller to provide the Buyer with the CC&Rs and other governing
documents, as well as a copy of the HOA's current financial statement and operating budget, among other documents.
Buyer is advised to carefully review all HOA documents provided by Seller and the CC&Rs, if any, and satisfy him/herself
regarding the use and restrictions of the Property, the amount of monthly dues and/or assessments, the adequacy of
reserves, current and past insurance coverage and claims, and the possibility of any legal action that may be taken by or
against the HOA. The HOA may not have insurance or may not cover personal property belonging to the owner of the unit
in the condominium, common interest or planned unit development. See paragraph 31 for further information regarding
Insurance- See C.A.R.'s Common Interest Development Basic Information Guide on ePUBSO in zipForm66 for further
information. Brokers do not have expertise in this area.
36. LEGAL ACTION: Buyer and Seller are advised that if Seller or a previous owner was involved in a legal action (litigation or
arbitration) affecting the Property, Buyer should obtain and review public and other available records regarding the legal action to
determine: (1)whether the legal action or any resolution of It affects Buyer and the Property, (11)if any rights against any parties involved
in the legal action survive the legal action or have been terminated or waived as a result of the legal action,whether or not involving the
same issue as in the legal action,and(III)H any recommendations or requirements resulting from the legal action have been fulfilled and,
If se,that Buyer is satisfied with any such action..Buyer should seek legal advice regarding these matters.
37. COMMUNITY ENHANCEMENT AND PRIVATE TRANSFER FEES: Buyer and Seller are advised that some areas or
.communifies may have enhancement fees or user-type fees, or private transfer taxes and fees, over and above any stated fees. The
Federal Housing Finance Agency has issued a rule. that prohibits Fannie Mae and Freddie Mac from .purchasing loans made on
properties with private transfer fees if those fees were established on or after February 8,2011. See title 12 Code of Federal Regulations
Section 1228 for more information and exceptions. Private transfer fees: (i) may last for a fixed period of time or in perpetuity, (if) are
typically calculated as a percentage of the sales price, and (iif) may have private parties, charitable organizations or interest-based
groups as their recipients who may use the funds for social Issues unrelated to the property.Brokers do not have expertise in this area.
38. GENERAL R A EFECTIVE PRODUCT/CLASS ACTION INFORMATION: Buyer and Seller are advised that
government entitie nuts turers may at any time issue recall notices and/or warnings about products that may be present in the
Property, a notices or warnings can change. The following nonexclusive, non-exhaus' a li contains examples of
Buyer's 10 ( ) _' Seller's initials( ( 1
Copydiihl®2004-2013,CALIFORNIA ASSOCIATION OF REALTORS8,INC. u
SBSA REVISED 11/13(PAGE 8 OF 12) Revle d by Date er
STATEWIDE BUYER AND SELLER ADVISORY(SBSA PAGE 8 OF 12) Redevelpinent
400 W. Avenida Cerca (Lot #222)
Property Address:Palm Springs, CA 92262 Data: February 19, 20I4
recalled/detective products/class action information: horizontal furnaces, Whirlpool Microwave Hood Combination; RE-Con Building
products roof tiles; Central Sprinkler Company Fire Sprinklers; Robert Shaw Water Heater Gas Control Valves; Trex Decking; water
heaters; aluminum wiring; galvanized; abs,polybutylene and copper pipe; and dry wall manufactured in China. There is no single, all-
inclusive source of information on product recalls, defective products or class actions; however, the U.S. Consumer Product Safety
Commission (CPSC) maintains a website that contains useful information. If Buyer wants further information regarding the items listed
above, Broker(s) recommend that Buyer review the CPSC website at httD://www.cnsc.Qov during Buyer's inspection contingency period.
Another source affiliated with the CPSC is Saferproducts.gov which allows a Buyer to search by product type or product name. Buyers
may also search using the Various search engines on the Internet for the specified product or products in question. Brokers recommend
that Buyers satisfy themselves regarding recalled or defective products. Brokers do not have expertise In this area and Brokers will not
determine if any aspect of the Property is subject to a recall or is affected by a class action lawsuit.
39. RENTAL PROPERTY RESTRICTIONS: Buyer and Seller are advised that some cities and counties impose restrictions that
limit the rent that can be charged to a tenant,the maximum number of tenants who can occupy the property and the right of a landlord to
terminate a tenancy and the costs to do so. If Buyer wants further information, Brokers) recommend that Buyer investigate the issue
with an appropriate government authority during Buyers inspection contingency period. Brokers do not have expertise in this area,
40. LAND LEASE: Buyer and Seller are advised that certain developments are built on leased land. This means that: (i) Buyer
does not own the land, (if)the right to occupy the land will terminate at some point in time,(iii)the cost to lease the land may increase at
some point in the future,and(iv) Buyer may not be able to obtain title insurance or may have to obtain a different type of title insurance.
If Buyer wants further information, Broker recommends that Buyer discuss the issue with an attorney or other appropriate professional.
Brokers do not have expertise in this area.
41. HOME WARRANTY: Buyer and Seller are advised that Buyer and Seller can purchase home warranty plans covering
certain standard systems of the Property both before and after Close of Escrow. Seller can obtain coverage for the Property during the
listing period. For an additional premium, an upgraded policy providing additional coverage for air conditioning, pool and spa and other
features can be purchased. Home warranties do not cover every aspect of the Property and may not cover inspections or upgrades for
repairs required by state or federal laws or pre-existing conditions.Broker(s) recommend that Buyer review the policy for details. Brokers
do not have expertise in this area,
42. INTERNET ADVERTISING; INTERNET BLOGS; SOCIAL MEDIA: Buyer and Seiler are advised that Broker may employ
a service to provide a 'Virtual tout' or Internet marketing of the Property, permitting potential buyers to view the Property over the
Internet. Neither the service provider nor Brokers have control over who will obtain access to such services or what action such persons
might take.Additionally,some Internet sites and other social media provide formats for comments or opinions of value of properties that
are for sale. Information on the Property, or its owner, neighborhood, or any homeowner association having governance over the
Property may be found on the Internet on individual or commercial web sites, blogs, Facebook pages,or other social media.Any such
information may be accurate,speculative, truthful or lies. Broker will not investigate any such sites, blogs,social media or other Internet
sites or the representations contained therein. Buyer is advised to make an independent search of electronic media and online sources
prior to removing any investigation contingency. Buyer and Seller are advised that Brokers have no control over how long the
Information concerning the Property will be available on.the Internet or through social media. Brokers do not have expertise in this area.
43. ESCROW FUNDS: Buyer and Seller are advised that California Insurance Code Section 12413.1 provides that escrow
Companies cannot disburse funds unless there are sufficient*good funds"to cover the disbursement. "Good funds"are defined as cash,
wire transfers and cashiers'or certified checks drawn on California depositories. Escrow companies vary in their own definitions of"good
funds." Broker(s) recommend that Buyer and Seller ask the escrow company regarding Its treatment of "good funds."All samples and
out-of-state Checks are subject to waiting periods and do not constitute "goad funds" until the money is physically transferred to and
received by the escrow holder.Brokers de not have expertise in this area.
44. NOTICE OF YOUR "SUPPLEMENTAL" PROPERTY TAX BILL: Buyer and Seller are advised that
pursuant to Civil Code § 1t02.6(c , Seller, or his or her agent is required to provide the following "Notice of Your
Supplemental' Property Tax Bill"to the Buyer:
"Cafifornia property tax law requires the Assessor to revalue real property at the time the ownership of property changes.
Because of this law, you may receive one or two supplemental tax .bills,depending on when your loan closes.
The supplemental tax bills are not mailed to your lender. If you have arranged for your property tax responsibility payments
to be paid through an impound account,the supplemental tax bills will not be paid by your lender. It is your responsibility to
pay these supplemental bills directly to the Tax Collector. If you have any questions concerning this matter, please call your
Tax Collector's Office."
Although the¬icLrs to loan closing as a trigger, it is actually the change of ownership which triggers this
reassessment taxes. Therefore, the Property can be reassessed even if there is no loan involved in the
purchase ofThe Purchase Agreement may allocate supplemental tax bills rec i er the Close of Eswwcrow
Buyer's Initial 1 Seller's Initials ( 1 121
Copydght 0 2004-2013,CALIFORNIA ASSOCIATION OF REALTORS@,INC. tf� u
SBSA REVISED 11/13(PAGE 9 OF 12) Reviewed by_Date r Poy
STATEWIDE BUYER AND SELLER ADVISORY(SBSA PAGE 9 OF 12) Redevelpment
400 W. Avenida Cerca (Lot #222)
Property Address:Palm Springs, CA 92262 Date: February 19, 2014
to the Buyer. If Buyer wants further information concerning these matters, Broker(s) recommend that Buyer discuss the
issue with the County Assessor or Tax Collector or their own tax or legal advisor. Brokers do not have expertise in this
area.
45, NON CONFIDENTIALITY OF OFFERS: Buyer is advised that Seller or Listing Agent may disclose the existence,
terms, or conditions of Buyer's offer, unless all parties and their agent have signed a written confidentiality agreement (such
as C.A.R. Form CND). Whether any such information is actually disclosed depends on many factors, such as current
market conditions, the prevailing practice in the real estate community, the Listing Agent's marketing strategy and the
instructions of the Seller.
48. FIRPTA/CALIFORNIA WITHHOLDING: Buyer and Seller are advised that: (i) Internal Revenue Code Section 1445
requires a Buyer to withhold and to remit to the Internal Revenue Service 10% of the purchase price of the property if the
Seller is a non-resident alien, unless an express exemption applies. Seller may avoid withholding by providing Buyer a
Statement of non-foreign status. The statement must be signed by Seller under penalty of perjury and must include Seller's
tax identification number. Buyer can also avoid having to withhold Federal taxes from Seller's Proceeds if the property price
is $300,000 or less, and the Buyer signs an affidavit stating Buyer intends to occupy the property as a principal residence.
(ii) California Revenue and Taxation Code Section 1B662 requires that a Buyer withhold and remit to the California
Franchise Tax Board 3 1/3% of the purchase price of the property unless the Seller signs an affidavit that the property was
the Seller's (or the decedent's, if a trust or probate sale) principal residence or that the sales price is $100,000 or less or
another express exemption applies. Exemptions from withholding also apply to legal entities such as corporations, LLCS,
and partnerships. Brokers cannot give tax or legal advice. Broker recommends that. Buyer and Seller seek advice from a
CPA, attorney or taxing authority. Brokers do not have expertise in this area.
47. LIQUIDATED DAMAGES: Buyer and Seller are advised that a liquidated damages clause is a provision Buyer and
Seller can use to agree in advance to the amount of damages that a seller will receive if a buyer breaches the Agreement.
The clause usually provides that a seller will retain a buyer's initial deposit paid if a buyer breaches the agreement, and
generally must be separately initialed by both parties and meet other statutory requirements to be enforceable. For any
additional deposits to be covered by the liquidated damages clause, there generally must be another separately signed or
initialed agreement (see C.A.R. Form RID). However, if the Property contains from 1 to 4 units, one of which a buyer
intends to occupy, California Civil Code Section 1675 limits the amount of the deposit subject to liquidated damages to 3%
of the purchase price. Even though both parties have agreed to a liquidated damages clause, an escrow company will
usually require either a judge's or arbitrator's decision or instructions signed by both parties in order to release a buyer's
deposit to a seller. Buyers and Sellers must decide on their own, or with the advice of legal counsel, whether to agree to a
liquidated damages clause. Brokers do not have expertise in this area.
48. MEDIATION: Buyer and Seller are advised that mediation is a process by which the parties hire a neutral person to
facilitate discussion and negotiation between the parties with the goal of helping them reach a settlement of their dispute.
The parties generally share in the cost of this confidential, non-binding negotiation. If no agreement is reached, either party
can pursue further legal action. Under C.A.R. Form RPA-CA: (1) the parties must mediate any dispute arising out of their
agreement (with a few limited exceptions, such as matters within the jurisdiction of a small claims court) before they resort
{ ) if a pan I to arbitration or court, and ii y proceeds to arbitration or court without having first attempted to mediate the dispute,
that party risks losing the right to recover attorney fees and costs even if he or she prevails.
49. ARBITRATION: Buyer and Seller are advised that arbitration is a process by which the disputing parties hire a neutral
person to render a binding decision. Generally, arbitration is faster and less expensive than resolving disputes by litigating
in court. The rules are usually less formal than in Court, and it is a private process not a matter of public record. By agreeing
to arbitration, the parties give up the right to a jury trial and to appeal the arbitrator's decision. Arbitration decisions have
been upheld even when arbitrators have made a mistake as to the law or the facts. If the parties agree to arbitration, then
after first attempting to settle the dispute through mediation, any dispute arising out of their agreement (with a few limited
exceptions) must be submitted to binding arbitration. Buyer and Seller must weigh the benefits of a potentially quicker and
less expensive arbitration against giving up the right to a jury trial and the right to appeal. Brokers cannot give legal advice
regarding these matters. Buyers and Sellers must decide on their own,or with the advice of legal counsel, whether to agree
to arbitration. Brokers do not have expertise in this area.
Buyer's Initial - )( 1 Seller's initials
Copyright®2004-2013,CALIFORNIA ASSOCIATION OF REALTORS9,INC, gevlewed by Date. Eduxwsoc
SBSA REVISED 11113(PAGE 10 OF 12) _ aewawrr
STATEWIDE BUYER AND SELLER ADVISORY(SBSA PAGE 10 OF 12) Redevelpment
400 W. Avenida Cerca (Lot #222)
Property Address: Palm Springs, CA 92262 Date: February 19, 2014
50. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about
specific registered sex offenders is made available to the public via an Internet Web site maintained by the Department of
Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the
address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither
Seller nor Brokers are required to check this website. If Buyer wants further information, Broker recommends that Buyer
obtain information from this website during Buyers inspection contingency period. Brokers do not have expertise in this
area.)
51. DEATH ON THE PROPERTY: California Civil Code Section 1710.2 protects a seller from: (i) failing to disclose a
death on the property that occurred more than 3 years before a buyer has made an offer on a property; and (ii) failing to
disclose if an occupant of a property was afflicted with HIV/AIDS, regardless of whether a death occurred or if so, when.
Section 1710.2 does not protect a seller from making a misrepresentation in response to a direct inquiry. If the Buyer has
any concerns about whether a death occurred on the Property or the manner, location, details or timing of a death, the
buyer should direct any specific questions to the Seller in writing.
52. LOCAL ADDENDA(IF CHECKED):
The following local disclosures or addenda are attached:
A. ❑
B. ❑
C. ❑
D. ❑
Buyer and Seller acknowledge and agree that Brokers:(f)do not decide what price Buyer should pay or Seller should
accept; (ff) do not guarantee the condition of the Property; (fit) do not guarantee the performance, adequacy or
completeness of inspections, services, products or repairs provided or made by Seller or others;(iv)do not have any
obligation to conduct an inspection of common areas or areas off the site of the Property(v) shall not be responsible
for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an
inspection of reasonably accessible areas of the Property or are known to Brokers; (vi) shall not be responsible for
inspecting public records or permits concerning the title or use of Property; (vii) shall not be responsible.for
identifying the location of boundary lines or other items affecting title; (vifl) shall not be responsible for verifying
square footage, representations of others or information contained in investigation reports, Multiple Listing Service,
advertisements, flyers or other promotional material; (Ix) shall not be responsible for providing legal or tax advice
regarding any aspect of a transaction entered into by Buyer or Seller; and (x) shall not be responsible for providing
other advice or information that exceeds the knowledge, education and experience required to perform real estate
licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from
appropriate professionals.
Buyer and Seller are encouraged to read this Advisory carefully. By signing below, Buyer and Seller acknowledge
that each has read p 1aY d n ceived a copy of this Advisory.
BUYER Robin S. P.Lunket Date 3 --) 1 �t
BUYER Date
(Address) �/ 2e7
SELLER 1#!! - '� City of Palm Springs Date 6 go
SELLER v J[D . &AbY� l>Y RGEiP Date •�
P.O. Box 2743, Palm Springs, CA 92262
APPROVED BY CITY COUNCIL
Buyers Initials(_ )( Seller's Initials(. L 1
Copyright®20042013,CALIFORNIA ASSOCIATION OF REACTORS®,INC.
SBSA REVISED 11/13(PAGE 11 OF 12j Reviewed by_pate owuxe
STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 11 OF 12) Reacvcipmem
400 W. Avenida Cerca (Lot #222)
Property Address:Palm Springs, CA 92262 Date: February 19, 2014 G
Real Estat Broker(Selling Firm Keller Williams RealtyCal BRE Lie.# ,d7
02 -7
By Fid6 w`oi Cal BRE Lic.# 0130465 Gate 51r$ /
Chandza—Ha£fdxa
Address 435 N. Palm Canyon Drive City PA t'VL�fr j qs State CA Zip 92262
Z7
Telephone Fax_960)322--92.66 Email
Real Estate Broker(Listing Firm) Keller/ Williams Realty Cal BRE Lie.# 01417409
BY / �L� 4-r, Cal BRE Lie.# 01301869 Date
ChanIA Da6l2ve
Address 435 N. Palm Canvon Drive City Palm Springs State CA Zip 92262
Telephone (760)905-0911 Fax (760)322-9266 Email cdasilvarealtor@hotmail.com
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO(CAR.).NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS.IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL,
This form Is available for use by the entire real estate industry.it is not intended to identity the user as a REALTORO.REALTOR@ is a registered collective membership mark
which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSO who subscribe to its Code of Ethics.
Published and Qis"" by:
cn REAL ESTATE BUSINESS SERVICES,INO. _
a subsidiary orthe CalibnOa Association olRE4TORSO
525 South Virgil Avenue,Los Angeles,Carrfomla 9W20 Reviewed by Date euuwxsom
OPPOPaMiY
SBSA REVISED 11/13(PAGE 12 OF 12)
STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 12 OF 12) Redevetpment
CALIFORNIA
! � ASSOCIATIONSUPPLEMENTAL STATUTORY
0®0 OF REALTORS6 AND CONTRACTUAL DISCLOSURES
(C.A.R.Form SSD,Revised 11109)
1. Seller makes the following disclosures with regard to the real property or manufactured home described as
400 W. Avenida Cerca (Lot #222) ,Assessor's Parcel No. 669393023
situated in Palm springs , County of Ri veraide , California, Property").
2. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER AND ARE NOT THE REPRESENTATIONS
OF THE AGENT(S), IF ANY. THIS DISCLOSURE STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE
SELLER OR ANY AGENT(S) AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE
PRINCIPAL(S)MAY WISH TO OBTAIN. A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE r
TRANSACTIONS. IF SELLER OR BUYER DESIRE LEGAL ADVICE,CONSULT AN ATTORNEY,
3. Are you (Seller)aware of any of the following? (Explain any"yes"answers below.)
A. Within the last 3 years, the death of an occupant of the Property upon the Property. . . . . . . . . . . . . . ❑Yes ❑ No
B. An Order from a government health official identifying the Property as being contaminated by
methamphetamine. (If yes, attach a copy of the Order.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Yes ❑ No
C. The release of an illegal controlled substance on or beneath the Property . . . . . . . . . . . . . . . . . . . ❑Yes ❑ No
D. Whether the Property is located in or adjacent to an industrial use" zone . . . . . . . . . . . . . ❑Yes ❑ No
(in general,a zone or district allowing manufacturing, commercial or airport uses.)
E. Whether the Property is affected by a nuisance created by an "industrial use" zone . , . . . . , . ❑Yes ❑ No
F. Whether the Property is located within 1 mile of a former federal or state ordinance location . . ❑Yes ❑ No
(In general, an area once used for military training purposes that may contain potentially explosive munitions.)
G. Whether the Property is a condominium or located in a planned unit development or other
common interest subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑Yes ❑ No
H. Insurance claims affecting the Property within the past 5 years . . . . . . . . . . . . . . . . . . . . . . . ❑Yes ❑ No
I. Matters affecting title of the Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑Yes ❑ No
J. Material facts or defects affecting the Property not otherwise disclosed to Buyer. . . . . . . . . . . . . . . .❑Yes ❑ No
Explanation, or ❑(if checked) see attached;
4. Seller represents that the Information herein is true and correct to the best of Seller's knowledge as of the date signed by
Seller. Seller hereby authorizes any a ent's) representing any principal's) in this transaction to provide Copy o this
s`tal nt to any persgn or enti Tin tipn with any actual or anticipated sale of the Property.
Seller i of Palm Tin s Date
�DAv1AN.'F�frfby, MA+�gtgEK �
Seller Date
5. By signing below, BuVF%2!LI
yer has received, read, and understands this Supplemental Statutory
and Contract Dis
Buyer Robin S. Plunkett Date I L(
ATTEST:
Buyer Date
City Clerk ')1�106 `,,y 1� A
The copyright laws of the United States(Title 17 U.S.Codel lorbid the unauthoft reproduction of Ihls orm,or any po ion erocf,by photocopy machine or"other means,
Including facsimile or computerized formals.Copyright®2002-2009.CALIFORNIA ASSOCIATION OF REALTORSO,INC.ALL RIGHTS RESERVED.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®(C,A,R.).NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS.IFYOU DESIRE LEGALOR TAX ADVICE,CONSULTAN APPROPRIATE PROFESSIONAL
This form is avallaWe for use by the entire real estate industry.It Is Trot intended to Identify the user as a REALTOR&REALTORO is a registered collective membership mad;
which maybe Used only by member$of the NATIONAL ASSOCIATION OF REALTORSA who subscribe to its Code of Ethics.
PuDNahed and DILS,uted try:
• REAL ESTATE BUSINESS SERVICES INC.
e aub fary oltre CaUkl4a Ao0calim ofREALTORSO
• 525 South Virgil Avenue,Los Angeles,Csrfornia 90020 Reviewed by Dale OWNTMly
SSD REVISED 11/09(PAGE 1 OF 1)
.,�91JPPLEMENTAL STATUTORY AND CONTRACTUAL DISCLOSURES SSD PAGE 1 OF 1
Agent: Chandra DaSilva Phone:760.905-0911 Fax:760,322.9266 Prepared using zipForrm®software
Brok¢r: Luxury Homes by Keller Wflliams,435 N,Palm Canyon Drive Palm Springs ,CA 92262
C A L I F O R N I A SELLER'S AFFIDAVIT OF NONFOREIGN STATUS
AND/OR CALIFORNIA WITHHOLDING EXEMPTION
+� ASSOCIATION FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT(FIRPTA)
OF R E A L T O R S s' AND CALIFORNIA WITHHOLDING LAW
(Use a separate form for each Transferor)
(C.A.R.Form AS,Revised 4112)
Internal Revenue Code ('IRC') Section 1445 provides that a transferee or a U.S. real property interest must withhold tax if the transferor is a 'foreign
person"Qaiifornia Revenue and Taxation Code Section 18662 provides that a transferee of California real property interest must withhold tax unless an
exemption applies.
I understand that this affidavit may be disclosed to the Internal Revenue Service and to the California Franchise Tax Beard by the
transferee,and that any false statement I have made herein may result in a fine,imprisonment or both.
400 W- Avenida Cerca (Lot: #222)
1. PROPERTY ADDRESS(property being transferred)! Palm Springs, CA 92262 (Tropertyy
2. TRANSFEROR'S INFORMATION:
FullName City of Palm Sorinas ("Transferor
Telephone Number
Address P.O, Box 2743 Palm S risr s CA 92262
(Use HOP adtlress for indvi ual transferors. Use OFFICE address for an"Entity"i.e.:corporations,partnerships,limited liability companies,trusts
and estates.)
Social Security No.,or Federal Employer Identification No.
For a corporation qualified to do business in California,Cal nla Corporation No.
Note:In order to avoid withholding,iRC Section 1445(b)requires that the Seller(a)provides this affidavit to the Buyer with
the Seller's taxpayer Identificatlon number ("TIN"), or (b) provides this affidavit, Including Seller's TIN, to a "qualified
substitute" who furnishes a statement to the Buyer under penalty of perjury that the qualified substitute has such affidavit
In their possession. A qualified substitute may be (1) an attorney, title company, or escrow company (but not the Seller's
agent) responsible for closing the transaction,or(11)the Buyer's agent.
3. AUTHORITY TO SIGN: It this document is signed on behalf of an Entity Transferor,THE UNDERSIGNED INDIVIDUAL DECLARES THAT HE/SHE
HAS AUTHORITY TO SIGN THIS DOCUMENT ON BEHALF OF THE TRANSFEROR:
4. FEDERAL LAW:I,the undersigned,declare under penalty of perjury that,for the reason checked below,if any. I am exempt(or if signed m behalf of
an Entity Transferor,the Entity is exempt)from the federal withholding law(RRPTA):
❑ (For individual Transferors) I am not a nonresident alle ,for purposes of U.S.income taxation.
[ (For corporation, partnership, limited liability company, trust and estate Transferors) The Translator Is not a foreign corporation, foreign
partnership,foreign limited liability company,foreign trust or foreign estate,as those terms are defined in the Internal Revenue Code and Income
Tax Regulations.
5. CALIFORNIA LAW: 1, the undersigned, declare under penalty of perjury that.for the reason checked below, if any, I am exempt(or if signed on
behalf of an Entity Transferor,the Entity is exempt)from the California withholding law.
CCer ications which fully exempt the sale from withholding:
The total sales price for the Property is$100,000 or less.
❑ The Property qualifies as my principal residence(or the decedent's, if being sold by the decedent's estate)within the meaning of IRC Section
121 (owned and occupied as such for two of the last five years).
❑ The Property was last used as my principal residence (or the decedent's, if being sold by the decedent's estate)within the meaning of IRC
Section 121 without regard to the two-year time period.
❑ The transaction will result in a loss or zero gain for California income tax purposes.(Complete Ff13 Form 593-E,)
❑ The Property has been compulsorily or Involuntarily converted (within the meaning of IRC Section 1033) and Transferor intends to acquire
properly similar or related in service or use to be eligible for non-recognition of gain for California income tax urposes under IRC Section 1D33.
❑ Transferor is a corporation (o(an LLC classified as a corporation) that is either qualified through the California Secretary of State or has a
permanent place of business in California..
❑ Transferor Is a partnership(or an LLC that is not a disregarded single member LLC,classified as a partnership)and recorded tide to the Property
Is In the name of the partnership or LLC.It so,the partnership or LLC must withhold from nohresldent partners or members as required.
❑ Transferor is exempt from tax under California or federal law.
❑ Transferor is an insurance Company,qualified pension/profit sharing plan,IRA or charitable remainder trust.
Certifications which may partially or fully exempt the sale from withholding:
❑ The Property is being,or will be,exchanged for property of like kind within the meaning of1RG Section 1031.
❑ Payments for the Property are being made in installments,the transferor is a non-resident seller and withholding will be applied to each principal
payment.
❑ As a result of the sale of the Property,Sellers tax liability,calculated at the maximum tax rate regardless of Seller's actual rate,will be less than
the 3 1/3%withholding otherwise required. Seller will be required to sign a certification,,under p alty of perjury, specifying the amount to be
withheld.(Not to be used for sales closing prior to January 1,2007)
By v I Dale
(Transferors Signature)(ln ate If you are signing as the grantor of a revocable/grantor trust.)trust.) [�1
Typed or pr Ed na Title(if signed on behalf of Entity Transferor)
Buyer S se or disclosure of Seller's TIN could result in civil or criminal liability.
Buyer 3 t
(Buyer acknowledges rec ipt of a Copy of this Seller s Affidavit) Robin S. Plunket Date
Buyer Date
(Buyer acknowledges receipt of a Copy of this Sellers Affidavit)
The copyyrrgqhl laws of the Unlled Slams able 17 U.S.Code)ioraid to um.uMa zsd mproducgan of this Ion by airy means,mxludng face".or<ompu[erhea lomr&s.Copyright a tea&2012,
CALIFORX ASSOCIATION OF REAL70FM,INC.Ar RghM Reserved.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO(C.A.R).NO REPRESENTATION 1S MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY
PROVISION IN ANY SPECIFIC TRANSACTION.A REAL ESTATE HHOIK=R IS THE PERSON OUALIFIED TO AONSE ON REAL ESTATE TRANSACTIONS.V YOU DESIRE LEGAL OR TAX ADVICE,
CONSULT AN APPROPRIATE PROFESSIONAL b
This form is available for Ne r use by emirs real estate hMustry.IL Is hot Intended iden
tify ntify me us er es a REACTOR&HEALTORE,is a reo.lomd wll.ve membership mark whkli may be used m by
members of Me NATIONAL ASSOCIATION OF REALTORSS who subsaibs to hs Cade of Edliea.
Published and Distributed by:
a REAL ESTATE BUSINESS SERVICES, INC,
a subsidiary of the CafNorrna Association of REALTORSO
< a 525 South V'kgil Avenue,Los Angeles,California 90020 Reviewed by Date 1011OWNIX
AS 4/12(PAGE 1 OF 2)
SELLER'S AFFIDAVIT OF NONFOREIGN STATUS ANDIOR CALIFORNIA WITHHOLDING EXEMPTION(AS PAGE 1 OF 2)
Agent: Chandra DaSilva Phone;760.905.0911 Fax:760,322,9266 Prepared using zrpFormV software
IMPORTANT NOTICE: An Affidavit should be signed by each individual or entity Transferor to whom or to which it applies.
Before you sign, any questions relating to the legal sufficiency of this form, or to whether It applies to you or to a particular
transaction, or about the definition of any of the terms used, should be referred to an attorney, certified public accountant, or
other professional tax advisor, the Internet Revenue Service, or the California Franchise Tax Board. For further information on
federal guidelines, see C.A.R. Legal Q & A "Federal Withholding: The Foreign Investment in Real Property Tax Act," and/or IRS
Publication 515 or 519. For further information on state guidelines, see C.A.R. Legal O&A "Callomia Nonresident Withholding,'and/or
California FTB Pub. 1of S.
FEDERAL GUIDELINES
FOREIGN PERSONS DEFINED. The following general Information Is provided to assist sellers in determining whether they are
"foreign persons" for purposes of the Foreign Investment In Real Property Tax Act (FIRPTA), IRC §1445. FIRPTA requires a buyer to
withhold and send to the Internal Revenue Service 10% of the gross sales price of a United States (U.S.) real property interest if the
seller is a foreign person. No withholding is required for a seller who is a U.S. person (that is, not a foreign person). In order for an
individual to be a U.S.person,he/she must be either a U.S.citizen or a U.S. resident alien.The test must be applied separately to each
seller in transactions involving more than one seller. Even if the seller is a foreign person, withholding will not be required in every
circumstance.
NONRESIDENT ALIEN INDIVIDUAL.An individual whose residence Is not within the U.S, and who is not a U.S.citizen is a nonresident
alien. The term Includes a nonresident alien fiduciary. An alien actually present in the U.S. who Is not just staying temporarily (i.e.,
not a mere transient or sojourner), is a U.S. resident for income tax purposes.An alien is considered a U.S. resident and not subject
to withholding under FIRPTA if the alien meets either the green card test or the substantial presence test for the calendar year.
GREEN CARD TEST.An alien is a U.S. resident if the individual was a lawful permanent resident of the U.S. at any time during the
calendar year.This is known as the"green card test."
SUBSTANTIAL PRESENCE TEST. An alien is considered a U.S. resident if the individual meets the substantial presence lest for the
calendar year. Under this test, the individual must be physically present In the U.S. on at least: (1) 31 days during the current
calendar year; and (2) 183 days during the current year and the two preceding years, counting all the days of physical presence In
the current year but only 1/3 the number of days present in the first preceding year, and 116 the number of days present In the
second preceding year.
DAYS OF PRESENCE IN THE U.S.TEST.Generally, a person is treated as physically present In the country at any time during the day.
However, if a person regularly commutes to work in the U.S. from a residence in Canada or Mexico, or is in transit between two
points outside the U.S.and is physically present In the country for less than 24 hours, he/she is not treated as present in the U.S.on
any day during the transit or commute. to addition,the individual is not treated as present in the U.S.on any day during which he/she
is unable to leave the U.S.because of a medical condition which arose while in the U.S.
EXEMPT INDIVIDUAL. For the substantial presence test, do not count days for which a person is an exempt individual. An exempt
individual is anyone in the following categories:
(i) An individual temporarily present in the U.S.because of (a) full-time diplomatic or consular status, (b)full-time employment with
an international organization or(c)an immediate family member of a person described in(a)or(b).
(2) A teacher or trainee temporarily present in the U.S. under a"J"visa(other than as a student)who substantially complies with the
requirements of the visa. An individual will not be exempt under this category for a calendar year if he/she was exempt as a
teacher or trainee or as a student for any two calendar years during the preceding six calendar years.
(3) A student temporarily present in the U.S. under an "F" or "J" visa who substantially complies with the requirements of the visa.
Generally, a person will not be exempt as a student for any calendar year after the fifth calendar year for which he/she was
exempt as a student,teacher or trainee. However,the Individual may continue to be exempt as a student beyond the fifth year if
he/she is in compliance with the terms of the student visa and does not intend to permanently reside in the U.S.
CLOSER CONNECTION TO A FOREIGN COUNTRY. Even if an individual would otherwise meet the substantial presence test, that
person is not treated as meeting the test for the current calendar year if he/she:
(1) Is present In the U.S.on fewer than 183 days during the current year, and
(2) Has a tax home in a foreign country and has a closer connection to that country than to the U.S.
SPECIAL RULES. It is possible to be both a nonresident alien and a resident alien during the same tax year. Usually this occurs for the
year a person arrives in or departs from the U.S. Other special provisions apply to individuals who were U.S. residents for at least
three years,cease to be U.S.residents,and then become U.S. residents again.
NONRESIDENT ALIEN INDIVIDUALS MARRIED TO U.S. CITIZENS OR RESIDENT ALIENS may choose to be treated as resident
aliens for most Income tax purposes. However,these individuals are considered nonresidents for purposes of withholding taxes.
A FOREIGN PERSON OR PARTNERSHIP is one that does not fit the definition of a domestic corporation or partnership.A domestic
corporation or partnership is one that was created or organized in the U.S., or under the laws of the U.S., or of any U.S. state or
territory.
GUAM AND U.S. VIRGIN ISLANDS CORPORATIONS. A corporation created or organized in or under the laws of Guam or the U.S.
Virgin Islands is not considered a foreign corporation for the purpose of withholding tax for the tax year if:
(1) at all times during the tax year, less than 25% in value of the corporation's stock is owned, directly or indirectly, by foreign
persons,and
(2) at least 20%of the corporation's gross income is derived from sources within Guam or at least 650/ of the corporation's income
is effectively connected with the conduct of a trade or business in the U.S.Virgin Islands or the U.S.for the 3-year period ending
with the close of the preceding tax year of the corporation,or the period the corporation has been in existence if less.
A NONRESIDENT ALIEN TRUSTEE,ADMINISTRATOR OR EXECUTOR of a trust or an estate Is treated as a nonresident alien, even
though allIX)
'es of the trust or estate are citizens or residents of the U.S. rt
Buyers Inli, ( t ) * Sellers Inllala V )( i
Copyright @ 1988-2012,CALIFORNIA ASSOCIATION OF REALTORSO,INC. Reviewetl by�/ Date w+aa
AS REVISED 4112(PAGE 2 OF 2) areorrrwim
SELLER'S AFFIDAVIT OF NONFOREIGN STATUS AND/OR CALIFORNIA WITHHOLDING EXEMPTION(AS PAGE 2 OF 2)
NATURAL HAZARD DISCLOSURE STATEMENT AND DISCLOSURE REPORT RECEIPT
The statement applies tithe fdbwing pronall 400 W AVE GERCA PALM SPRINGS,Cik 92262; RIVERSIDE COUNTY; APNe SW3934M Deb: 2D44Q.20110200 i
The transferor and his or her agents)or a third-party consultant disclose the following Information with the knowledge that even though this is not warranty,prospective
transferees may rely on this Info nation in deciding whether and on what terms to purchase the Su bled Property. Transistor hereby,suthon2es any agents)representing any
principal(s)I n this action to provide a copy of this statement 0 any person or a nlay in connection with any actual or anticipated sale of the property. The fdllowing am
representations made by the Mansfemrand his or her agenl(s)based on Met knowtedge and maps drawn by the state and federal governments. This Information Is a
disclosure and Is not Intendeo to be part of any conbad balsa an the transferee and transferor.THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS
AREAS}
1. A SPECIAL FLOOD HAZARD ARFA(Any type 2one'A'rY)deslpnalad Mthe FetlemlEmergenq Mrrgament Agency.RefrbRepvR
Yee_ No X po nIX know and lyddema0on not wpllebb from lowllutlWldion _ '
2. AN AREA OF POTENTAL FLOODING SNOWN DNA DAM FAILURE INUNDATION MAP pirsuantb Section III of ma Govemmanl Cade.Rafe b Report.
Yw_ Now Do ndknox ant inbrmagon nit avalladettom bmlludsdldion_
3. A VERYHIGH FIRE HAZARD SEVERITYZDNE pursuadmSecdon 6111E rs1119 pltne Gwammrd Code. The wmerRtht popwtykwbledbula mairdonanx mwimnedsd9eclbr
5/1B2 done Gwam Code.Re(rmReport
Yes_ No Now
4. A WILDLAHD AREATHAT IMY CONTAIN SUBSTANNAL FOREST FIRE RISXS AND HADUIDS pursuant m Sectlon 4125 dlhe Publlp Rmourcae Code-The comer d rot.properrybeuged
m SeWon42B1dNe PPwat.he. Code.into
coully,rask. maniand,wteapmslClflrybpfor aged prroddisaelNWeb action 4i42 r abadum assumed
thawlMlaker1.R p me Departmentd Forestry end Fire Pld9ction has enlretl lnmewoprrNe egreemontvAmelA�� n (fo�r Tmoee pvmoeea puauentb Section 4142dlle Public Reawmee
Come.Rehr tp Report /"L I !LJ
rev_ Np� I
6. AN EARTHQUAKE FAULT ZDNE Wu .ntbSoow2622dma Pub:Ic ReamarasC W.Ref R.Kd.
Yw_ tap X
a ASEISMICHAZAROZONE pumu.htb Sedion2M.ftha Pubfo Reavumes Cods.R bRepot a)
Yp(Landdida Zone)_ Yes(UqueRdmnlone) _ No_ MspndydmledddJbyaah_A_ Clerk
THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY,TO OB INSURANCE,OR TO RECEIVE ASSISTANCE AFTERA DISASTER.
THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF
WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURALDISASTER. TRANSFEREE(S)AND TRANSFERO S)MAY WISH TO OBTAIN
a PROFESSIONAIeQ�W 10 T,HOSE HAZAR�AIf IER 05 THAT AY 'FECT THE P QERT
y/ SlgnaLLuao(Tramil (sellea Oab l J
.e1Vt BlgnaWmdTmntla rl5albr, be ,( APPROVED BY CITY C11O�rUNC1
�{
ADadl.) (l�A Oele L//114e'` SYh 4 'l$ 1.1�•I�a /��{
Adel c/V v - Dale LI -L�'rY
Chao poly ono ar Ina mupNnB
❑Tma dd or(s)end Ihelr agenl(a)rop,xmt that the iMormatbn harems this and comes m the best of melr krroMetlge m orbs dab algred by me Xenelachil and WWR4).
INTmrefrmis)and fair Somme)ackadwledga mat may have wrchx good Rim in th iNhakdon of a mad-pent mood nuvidr as requiretl h Clrl Come Setllm 1103.1,rd that the repae tad..
made In add Nahra H... DlrJasum 519emmlare basetl upon lnmmrtlon prwNBtl by era lndapentlent miraparty Oletlwure pal0era ecub.tlmlatl dlcdpave purwadb CMl Cola Sadinrt
Nn sonde red on Me,tor mea t.The
o l has mmepend pars by
Me fie viler below
ppnl0lnatl In this aWtamant end modes r(2)is praon.11y aware d eIy ertom r inaocuretloc in the
bfomrellon mnbinetl on me ammmant.THe statement cam pnpamd by the pmvidr batvr: I
Thim-Prty,Oleo. re Provider(.) Promaly LD. Dde March 202019
Transferee represents that he or she has read and understands this.document. Pursuant to Civil Code Section 1103.8,the representations made in this Natural Hazard
Disclosure Statameht do not cweUure all of the transferal or agent's disclosure obligations In this transaction.
The ibma Ibled telow sdirab additional awail dNdoouras and legal inRrearl that am pmvided in in,report
1.AEallonel Reports mat are andocetl herdn a ordered:
(A)ENVIRONMENTAL RISK REPORT(Endmad X ordered).(e)C.LU.E®(Cpnprehers"Load Undanal Ex6anga)REPORT landmass 9ortbred).
B.Addiesna Shammy Dernmed :
(A)INDUSTRIAL USE ZONE DETERMINATION(where radial purall to Session I IW.17 of me Calfpmia Civil Code.RNrW Report.(B)MILfTARY ORDNANCE FACILITIES pawant to
Celibmia DMl Cade Sadiorm 1 f 02.15 and lW 7.Refr b Report(G)AIRPORT INFLUENCE AREA punuem b Clvs Gode Srrur1110i Reform Report(D)NOTICE OF MOW TO FARM
pursuant m GMoenia Civil Code 9edlon 1103.4.Refer m Report.(E)MELL04r008 a SPEGUL ASBFSSMENTS pur.uant b section 53311 ia'1365.i 153T54 d the CBIim(rla Govenrnrnt Come;
Refr b Report.
B.Additional Local Junandion Hesada-May Include me blideva :
Mrpoag.Avalendle,Coasud Prdecrmn,Conarvation Arow,Call HablRla,Dam Fall Inundation,Dud Sxsnp RegWremeda,Emelon,Feull Zone.Rre,GmurAwaler,IaNNMe.
Uquefedlon,Memarr.Gu,Mina,Nelurally Occurdn Astesie,Oil and Gw VIA Proximity,PebrchemiolCdedaminetlon,Property Tama,Radon,Right10 Farm,SASIdda ,Teunal,
Williamson Ad,WYnd Enema.Rehr b Report
ID.Goa l Nodded:
MatlrrrphebMna Conbmrretlon,Mean'.Law-Se.Offender Dalabwa,Ammodded Wells.Carbon Monmllde Devices,Natural Gas and Hwrtlwa LIquM Pipelines,Water Go mervmg Plumbing
Fldurea,Notice d Supplemental Property Ton all.Cenci walarvry Samed,RequlmmenR.Reform Reding.
If.Governmental Games are hkduded In me'BWer Copy of moons and linked din elso aNcelly delivered sporo(wisp watRbie at htlp:Ilwww.properlyiC.mrNplellnuMDawNoadasp)
(A)ENVIRONMENTAL HAZARD&%Guide fer HonHpvnere,Buyers,Landlords and Tenders'punranl to Calllonle HeatmeM sell Code SeWdr,25100 at seq.,25411.and 25190,Busk v
and Pfofessbre Code Sedan,Hill and CMI Code Sector,2019.1.Refer m Report;(B)FJ.RR/QUAKE SAFEtt:"tire Nomeownefs Oultle Tp EaMWake Saey'arrd'RmldmOd
FaMquaka Ha2eNa ReporC form Ohreuem b CalBomie&ninon and Prdmbn Gex Satllon tpia9,amp Gwemment Code Sedlom BfiW.1,BBX12,alit BBB).6.Reran Repot (C)
RES1DENnAL EARTHQUAKE laAZ4RIySrtEPORT FORM pWauant m CaIBNNe Rudnesa end Fiotaedau Catle Seogon 101/S,end CelXamie Gwemnrenl Code 9ecapne BB81.1,BBgI.2,and
TitleX d.tHousine nacnlo Conn.D.N H.oAmdedolli Reform
erbb Report;
(E)S.MOW:
;(D)LFADBASED PAINT:'ProteclYonr Family Rrn Lead inYwrlbme"pumuarrtm HIID Letler�B4.
Chapbr Vl re md0,pumueN mHeeRt and Safety Cade Sadlon 25100dseq.,2541 i,and 261o0,euearaem '
Prpfaeaione Cade Setlim 1oDR4,antl GiMI Gome bedlpn 21NaT.Refer m RepM;(Fy'tMal Is Ywr Home Enarpy ftaO,gP',pumuant m Celeornie CNO Code Seclbn 2dTg.10.Reform Report.
Thls Report denidne me Mandatory Neural Ileaard Dtechau l Rapoa.The Environmental Risk Report Is only mdoded If It had been declared.To order me Emironmenbl Risk Repoli pleeea mdad
Property I.D.Customer Senn.al gsbb oI DB.
Signature of Transferee(Buyer) Date
Signature of Transferee(Buyer) Date
y
I
COPYRIGHT 0 2014 PROPERTY I.D.,NI films reserved.
r C A L E P O Ala I A MARKET CONDITIONS ADVISORY
ASSOCIATION (OAF.Fotm MCA,Revised 11111)
OF REALTORSS
1. MARKET CONDITIONS: Real estate markets are cyclical and can change over time. It is Impossible to
predict future market conditions with accLBacy. In a competitive or"hot'real estate market, there are generally
more Buyers than Sellers, This will often lead to multiple buyers competing for the same property. As a result,
in order to make their offers more attractive, some Buyers may offer more than originally planned or eliminate
Certain contingencies in their offers. In a less competitive or °cool° market there are generally more Sellers
than Buyers, often causing real estate prices to level Off or drop, sometimes precipitously, The sales price of
homes being sold as foreclosures and short sales is difficult to anticipate and can affect the value of other
homes in the area. Brokers, appraisers, Sellars and Buyers take these"distressed"property sales and listings
into consideration when valuing property. In light of the real estate market's cyclical nature it Is Important that
Buyers understand the potential for little or no appreciation In value, or an actual loss in value, of the property
they purchase.This Advisory discusses some of the potential risks inherent in changing market conditions.
2. BUYER CONSIDERATIONS:
A. OFFERING PRICE: AS A BUYER, YOU ARE RESPONSIBLE FOR DETERMINING THE PRICE YOU
WANT TO OFFER FOR A PROPERTY. Although Brokers may provide you with comparable sales
data, generally from Information published in the local multiple listing service, you should know that the
reporting of this data is often delayed and prices may change, up or down, faster than reported sales
indicate. All buyers should be sure they are comfortable with the price they are offering or the price
they are accepting In a counter offer. You should be aware of and think about the following: (i) If your
offer is accepted, the property's value may not increase and may even decrease. (11) If your offer is
accepted, you may have 'Buyers remorse"that you paid too much. (ill) If your offer 1s rejected there
can be no guarantee that you will find a similar property at the same pdoe.(M It your offer is rejected,
you may not be satisfied that the amount you offered was right for you. Only you can determine that
your offer was reasonable and prudent in light of the property and your circumstances.
B. NON-CONTINGENT OFFERS:Most residential purchase agreements contain contingencies allowing a
Buyer within a specified period of time to cancel a purchase if: (1)the Buyer cannot obtain a loan;(9)is
dissatisfied with the property's condition after an inspection;or(15)If the property does not appraise at
a certain value. To make their offers more attractive, Buyers will sometimes write offers with few or no
contingencies or offer to remove contingencies within a short period of time. In a 11of market, sellers
will sometimes insist that Buyers write offers with no contingencies. Broker recommends that Buyers
do not write non-contingent offers and if you do so,you are acting against Broker's advice.However,if
you do write a non-contingent offer these are some of the contractual rights you may be giving up:
(1) LOAN CONTINGENCY: If you give up your loan contingency, and you cannot obtain a loan,
whether through your fault or the fault of your lender, and as a result, you do not or cannot purchase
the property, you may legally be in default under the contract and required to pay damages or forfeit
your deposit to the seller.
(2) APPRAISAL CONTINGENCY: If your tender's (or your own) appraiser does not believe the
property is worth what you have agreed to pay for it, your lender may not ban the full amount needed
for the purchase or may not loan any amount at all because of a low appraisal. As a results it you do
not purchase the property, and you have removed your appraisal contingency, you may legally be in
default under the contract and could be required to pay damages to, or forfeit your deposit to, t1 e
Seller. T,he,Seller is not obibated to reduce the purchase price to match the appr*gpdyA�vaallue.
Buyers kdtiels(• _ J( ) Sellers InM4, �)( ) 4-
The ospyr�aht laws m v United State (TAix 17 U S.tx )fomld the Una dhonzed rspreduchan of this tom:by wry mama.Inchalt, arm VW&Ad farmafa,
Copy�^t®2M-2011,GALIFORNIA ASSOCIATION OF RFAL7OR9®Ina.All RphFs Reserved,
THIS FORM HAS BEEN APPROVE BY THE CALIFORNIA ASSCOIA71ON OF REALTOM P AA.11 NO REPRESENTATION IS MADE AS TOTHE LEGAL VAL1DrrY OR
ADEQUACY OF ANY PROVISION IN ANY SPECBR HE C TRANSACTION. A AL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS.IF YOU DESIRE LEGAL OR TAX ADVICE.CONSULT ANAPPROPRIATE PROFESSIONAL.
This ton N awBable far use by the enUM real estate IndusgY.k Is hat Intended to keMNv ale deer ea a REALTOM REALTOR®le a re�stered mladminem6erdip mxk
which may be used any m by mamhe of the NATIONAL ASSOCIATION OF REALTOR whnsutuuulhe m Us Cade of Ethics,
RAlets"I"ONPouledby.
REALESTATE atrsBlrss SEPVICES,INC-
of NO WhAtiilAa,attbn olREALTOP49
` „R58agI IlAvaus.laA+gdar,CatfaNe aeon
MCA REVISED 11/11(PAGE 1 OF 2) Raelewed by Date
MARKET CONDITIONS ADVISORY(MCA PAGE 1 OF 2)
Agent: Preoved using siprorma software
Broker:
Property Address:r.ITT a%a A1'efi de-u )0k& -
3. INSPECTION CONTINGENCY: If you disapprove of the condition of the property and as a result,
you do not purchase the property, you may legally be In default under the contract and required to pay
damages to, or forfeit your deposit to, the Seller if you have removed your inspection contingency.
However, even if you make an offer without an inspection contingency or you remove that contingency,
the Seiler may still be obligated to disclose to you material facts about the property. In some cases,
once you receive that information the law gives you an independent right to cancel for a limited period
of time.
There is Inherent risk In writing a non-contingent offer. Only you, after careful Consultation and deliberation
with your attorney, accountant, or financial advisor can decide how much risk you are willing to take. IT IS
YOUR DECISION ALONE AND CANNOT BE MADE BY YOUR BROKER OR REAL.ESTATE AGENT.
C. BROKER RECOMMENDATIONS. Broker recommends that you do not write a non-contingent offer,
even it you are planning on paying all cash for the property. If you intend to write a non-contingent
offer, Broker recommends that, prior to writing the offer, you: (1) review all available Seller reports,
disclosures, information and documents; (if) have an appropriate professional inspect the property
(even if it Is being sold"as Is" in its present condition);and 011) carefully assess your financial position
and risk with your attorney, accountant or financial advisor.
D. MULTIPLE OFFERS: At times Buyers may write offers on more than one property even though the
Buyer Intends to purchase only one. This may occur in a short sale when the approval process can
take a considerable amount of time, While it Is not Illegal to make offers on multiple properties with
intent to purchase only one,the Buyer can be obligated to many Sellers if more than one accepts the
Buyer's offers. If the Buyer has not disclosed that the Buyer is writing multiple offers with the Intent to
purchase only one and the Buyer subsequently cancels without using a contingency, the Seiler may
claim the Buyer is in breach of contract because the Buyer fraudulently induced the Seller to enter into
a contract.
3. SELLER CONSIDERATIONS;
As a Seller, you are responsible for determining the asking price for your property. Although Brokers may
provide you with comparable sales data, generally from information published in the local multiple listing
service, you should know that the reporting of this data is often delayed and prices may change, up or
down, faster than reported sales Indloate. All Sellers should be sure they are comfortable with the asking
price they are setting and the price they are accepting. There is not, and cannot be,any guarantee that the
price you decide to ask for your property, or the price at which you agree to sell your property is the
highest available price obtainable forthe property. It Is solely your decision as to how much to ask for your
property and at which price to sell your property.
Buyer/Sal ter ackn4irledges eao)yhpo;Pud,Understand$and has recelved a copy of this Market Conditions Advisory.
Buyer Date
Buyer. Date
- Sew A%fl Data
Seiler Date
Thepyadryy62M WM w the Wed Males(tale 17 U.S.Code)fwbld Vte unwu wt ln�Ali �tppad reprodueson of MIS form by Nly means,aMIUCON recmdwlka or ed9lwleA2sd lwrneb.
THIS Po M HAS REEK APPROVED BY THE CAUFORNILIFORN[A ASSOCIATION OF A S�T10N OF RAMS
TORSO(CAR.).NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY
OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION.A REAL ESTATE BROKER IS THE PERSON QUAORED TO ADVISE ON RFAL ESTArE
TRANSACTIONS,IFYOU DESIRE LEGAL OR TAX ADVIDF-CONSULTAN APPROPRIATE PROFESSIONAL
Th)s lww is svakthle for eds by lie w1inte real estate industry.N Is not Intended to Idendly tho W er ee a REALTOFA REALTORB Is a repatered cellsghe uen4»rahfp mark
whkh MAY be geed 0*by MnIbars or the NATIONAL ASSOCIATION OF REALTORS&who a bscrlbe to ae Cade of FbIcs.
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„ REAL ESTATE MNESSSOWM,INC „r+„
+ 5258aub YlyllAuerare,lne Angeles,ralNomia 90a20 Revywetl kq Date air
MCA 11111 (PAGE 2 OF 2) MARKET CONDITIONS ADVISORY(MCA PAOE 2 OF 2)
ATTEST:
n_ APPROVED BY CITY COUNCIL
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