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Home My WebLink About05753 - JASON G WILSON AND KRISTINE L WILSON PROPERTY PURCHASE I10/INDIAN AVE INTERCHANGE :0 OF R/y� ZLCEiV EB 1;7 i C F?.C.f'1 Si'"I'I 12 AH S. 19 CITY CLEF'( March 11, 2009 James Thompson City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Seller: Wilson Buyer: City of Palm Springs APN: 666-330-064 Dear James, Enclosed please find refund check number 2857-102141 in the amount of $600.00 from Stewart Title representing a refund on the above mentioned project. Escrow closed on February 24, 2009. Should you have any questions, please do not hesitate to contact me at (951) 955 4817. My regular business hours are 7:00 a.m. to 4:30 p.m. Best regards, Sue Anna Schatz Real Property Coordinator Enclosure cc: File Copy— 001 PG/13873 3133 Mission Inn Avenue ' Riverside, California 92507 ' (951) 955-4800 Fax (951) 955-4828 v) y 2857-102141 Stewart Title of California, Inc. Union Bank of California 13-100573 I? 2010 Main Street, Suite 220 1980 Saturn Street - File , 170741 �y Irvine, CA 92614 Monterey Park,California 01755 2l25/2009 (949)476-0777 . Pay Six Hundred and 00/100 Dollars - ******$600.00 To the order of Void after 30 days Two sigp cures required City of Palm Springs, a municipal corporation y 3200 E Tahquitz Canyon Way 7 Palm Springs, CA 92262710 (Lot- THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. PLEASE DETACH BEFORE DEPOSITING. Escrow Trust Account 2857-102141 File : 170741 2/25/2009 Escrow Officer:Grace Kim APN:666-330-064 Buyer/Borrower, Citty of Palm Springs,a municipal corporation ******$600.00 Seller:Jason G.Wilson, Kristine L.Wilson Property Address: (303)Cash to buyer-S600.00 Buyers Final Closing Statement 2/25/09 12:18 PM File 170741 Stewart Title of California, Inc. (949) 476-0777 Buyers Final Closing Statement Buyer(s) Citty of Palm Springs,a municipal corporation Seller(s) Jason G.Wilson Kristine L.Wilson Lender Property 666-330-064, Riverside County,CA Closing date 4/30/2009 Proration date None Bank ORGUBC-Union Bank of California 13-100573 Escrow Unit 2857-SC-Grace Kim Escrow Officer Grace Kim Debit Credit Contract Sales Price....................................................................................................................... 35,510,00 Additional Credits: Additional Deposit from Citty of Palm Springs,a municipal corporation........... ..... .. .. . . .. . ....... 36.530.00 Title Charges: Settlement or closing fee to Stewart Title of California, Inc.. .. .. ... ... ..... .......... ........ ..................... 400.00 Courier/Delivery processing fee to Stewart Title of Calrfornia, Inc.... ................. .. .. .. .. . . .. .. . ... 20.00 Subtotal: 35,930.00 36,530 00 Balance due to Buyer. 600.00 Totals: 36,530 00 36,530.00 Page 1 DOC # 2009-0086788 02/24/2009 08:00q Fee:NC Page 1 of le Recorded in Official Records RECORDING REQUESTED BY county of Riverside Orange Coast Title I I LarlryllW. Ward II WHEN RECORDED RETURN TO: IIIIIIIIIIIIIIfIIIIIIIIIIIIIIIIIII IIIIIIII IIIII IIIIIIII Attn. James Thompson City Clerk PAL E4654:�6 ;NC' SC LONG RFO COP' CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 O MF NCEx M CTY UNI 12.259\100708\001 PG\COjw SPACE ABOVE THIS LINE FOR RECURUER'S uSt Exempt from recording changes under Government Code§ 6103 T GRANT DEED 06' '��// APN:666-330-064 ��: �,p No consideration This transfer is exempt from Documentary Transfer Tax pursuant to Revenue&Taxation Code§ 11922. THE UNDERSIGNED SELLER(S) DECLARE(S): FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JASON G. WILSON AND KRISTINE L. WILSON, HUSBAND AND WIFE AS JOINT TENANTS, hereby GRANT(S) to: CITY OF PALM SPRINGS, a municipal corporation, the real property in Riverside County, California, more particularly set forth on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. TOGETHER with: 1. All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 2. All rights, title, and interests of Seller in and under all Covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all rights as "Declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. ROW: 1-10 and Indian Interchange SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. Date: coBy: Name: J MG. WILSON t Date: By: � Name: KRISTINE L. WILSON ROW: 1-10 and Indian Interchange ASSESSOR'S PARCEL NO. 666-330-064 Exhibit "A" PARCEL 20553-1 For State Highway purposes, that portion of Parcel 10 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Northwesterly corner of said Parcel thence (1) along the Northerly line of said Parcel and the Southerly Caltrans Right-of-Way line as shown on State Highway Right-of-Way Map of State Road 8-RIV-10, on file in the Riverside County Surveyor's office as filed map number 204-483 S.89037'23"E., 57.953 meters to the Northeast corner of said Parcel; thence (2) leaving said Right-of-Way line along the Easterly line of said lot S.16022'08"W., 7.452 meters; thence (3) leaving said Easterly line N.84044'33"W., 56.534 meters to a point in the Westerly line of said Parcel; thence (4) along said Westerly line N.10°42'15"E., 2.393 meters to the POINT OF BEGINNING. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 393711200. Area = 274.919 sq. meters, 0.0275 hectares Page I of 2 BAN D SU9 Mich el A. Havener, PLS 7354 Date 12131/cy Exp. 12-31-09 No.7354 Page 2 of 2 EXHIBIT " B " P.O.B, r]IN ri`i Tr' 1 1 1✓ PREVIOUS CALTRANS R/W N.W. CDR. (CS MAP 204-483) do ACCESS CONTROL S PAR. 10 89'37'23" E 57.953 m r S 16.22'08" w 7.452 m w ✓ N 84'44'33 W m 56.534 m o N NEW CALTRANS 20553-1 R/W AND ACCESS APPROXIMATE LOCATION OFF z CONTROL LINE AS SHOWN ON ASSESSOR SHEET 666-33 i A R1 4J� APN 666-330-064 _pr1r;, 9 LEGEND STATE RIGHT-OF-WAY ACQUISITION AREA = 274.9 SO. METERS (0.0275 HECTARES) �I ACCESS PROHIBITED PREVIOUS ACCESS CONTROL P.0.61 POINT OF BEGINNING R/W RIGHT-OF-WAY E a z/18pFR 23 LAND SL A.. p GARNET A �I6 R 23 � ii * EXP. 31 DEC 07 P 1g.26 J'p � fi PC, 6 ,n (6O, 7T No. 735k bp'� SOg Rr c ARl 6 PER 2129 E CALF O.R. 957 Ln DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. : 20553-1 OTHERWISE NOTED. MULTIPLY DISTANCES MH BY 0.99997406 TO OBTAIN GROUND PREPARED BY: KA/ LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 11-16--07 SHEET 1 OF 1 SHEET ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ��..,,"" �� COUNTY OF f;1L! Vtrr &/IQ On before me, Notary Public, personally appeared Q.)G(5,on G a i ( SU who proved to me on the basis of satisfactory evidence to be the person(-&) whBherfth-eir name(-,) (si )/are subscribed to the within instrument and acknowledged to me that &1 �fthey executed the same in hisl'K&44eir authorized capacity(}es), and that b signature(-,) on the instrument the person(-,), 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. A. wolf Commission 8 7650425 z .`I Notary public -California San Bemarpino county Signature . - +omm.Expires Apr 7 201oF My Commission Expires: ` Ail This area for official notarial seal ROW: 1-10 and Indian Interchange ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF 1y ) On before me, \n1 . 01 �,65 Notary Public, personally appeared Y i i who proved to me on the basis of satisfactory evidence to be the person(Er) whose name(O is/arm subscribed to the within instrument and acknowledged to me that he/she/they- executed the same in I*Wher/thy authorized capacity(ies), and that by h+s/her/t4Q#- signature(s) on the instrument the personJ4, or the entity upon behalf of which the person(,$)'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. uPWAH4104 �� I@ mom ,R X2012 Signature My Commission Expires: 2 i This area for official notarial seal ROW: 1-10 and Indian Interchange Recorder P.O.Box 751 Riverside,CA 92507-0751 (909)486-7000 hdnJ/riverside wrelkrec.com LARRY W. WARD COUNTY OF RIVERSJDE ASSESSOR-COUNTY CLERK-RECORDER NOTARY CLARITY Under the provisions of Government Code 27361.7, 1 certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: W. Dobbs Commission#: 1791859 Place of Execution: Riverside County State of California Date Commission Expires: Feb. 24,2012 Date: February 23, 2009 Signature: ✓fir(AL& OF PALM Sp City of Palm Springs ao Office of the City Clerk "Pawo-rca'p� 3200 F. Tuliquln.Canyon Way - Palm Springs, Calffornia 92262 C-It IFO �P Tcl: (760) 323-15204 • Fax (760) 322-8332 • Wcb: wwwpalmsprings-ci.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT DEED APN 666-330-064 dated: October 28, 2008 from, Jason G. Wilson and Kristine L. Wilson, Husband and Wife as Joint Tenants Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this I" day of December, 2008, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 1"day of December, 2008. ames Thompson City Clerk (seal) Post Office Box 2743 - Palm Springs, California 92263-2743 Buyer's Estimated Closing Statement 1127109 3:29 PM File 170741 Stewart Title of California, Inc. (949) 476-0777 . -Buyer's Estimated Closing Statement Buyer(s) Citty of Palm Springs,a municipal corporation Seller(s) Jason G Wilson Kristine L.Wilson ,l Lender - Property 666-330-064, Riverside County,CA Closing dale 4/30/2009 Proration date None Bank ORGUBC-Union Bank of California 13-100573 ` Escrow Unit 2857-SC-Grace Kim Escrow Officer Grace Kim — Debit Credit ContractSales Price....................................................................................................................... 35,510,00 Title Charges: Settlement or Closing fee to Stewart Title of California, Inc. . . .. .. .. . ..... .................... ................. 400.00 Title insurance to Orange Coast Title$400.00...... .................................... ........ ........... ................. Owner's coverage to Orange Coast Title Liability amount$35,510.00......................... ........... ..... ..... .. .. .. .. . . . . . . . ... . —............... 400.00 Courier/Delivery processing fee to Stewart Title of California, Inc......... ......................... .................. 20.00 Additional Charges: Refundable Pad to HOLD. ................ .. ..... .............. ..... ....................................... 200.00 Subtotal: 36,530 00 Balance due from Buyer: 36,530.00 Totals: 36,530.0E 36.530.00 The parties herein have been advised that the foregoing amounts are estimates only- We therefore, authorize the above captioned Escrow Holderto change estimated amounts to final amounts owing,to satisfy the items authorized, and to Close escrow, Citty of Palm Springs,a municipal corporation ti By: ATTEST_ APPROVED BY CITY COUNCIL r u /`C ty Clerk p 1 ,��7 6// Page 1 Orange Division E_ 2010 Main Street 4250 ', M : tewart title of California, inc. Irvine, CA. 92614 (949)476-0777 Phone (714)242-9886 fax www.stewartoc.com NYSE: STC Stewart Title of California Orange County/Major Accounts Division Escrow Trust Account Wiring Instruction Bank Name: Union Bank of California 1980 Saturn Street Monterey Park, CA. 91755 ABA: 122 000 496 Account Name: Stewart Title of California, Inc. 2010 Main Street ##250 Irvine, CA. 92614 Account Number: 9100195515 Ref: Escrow No:170741 Escrow Officer: Grace Kim Esuow NuinW 3e+l6 Page 1 of 1 Stm F—ste` w /art -cn� Fy 2010 M in S Major Accounts Division G V V 2010 Main Street#250 title of california, inc. Irvine,CA.92614 949-476-0777 714.242-9886 www.stewartsc.com NYSE: STC Date January 27,2009 Escrow Officer Grace Kim Escrow Number 170741 Property Address APN 666-330-064 County of Riverside, CA. APPROVAL OF PRELIMINARY TITLE REPORT I/We have read and examined Preliminary Title report No. 140-854696-66 issued by Orange Coast Title dated as of 12/18/2008 and understand that exception I through 21 will appear as exception(s) in the policy of title insurance being issued. Items A-B on Schedule B will be eliminated at close of escrow since the purchaser is a tax exempted entity- Buyer(s): City of Palm Springs, a municipal corporation APPROVED BY CITY COUNCIL B - 01 3 Print: gavid W_ Re Its: City Manager ATTEST: rty Clerk Emory Nppyn�]OpJ Page I of I ' Stewart Title of California, Inc stewart r . 2010 Main Street, Suite 220 title of carfornla, inc. Irvine, CA 92614 (949) 476-0777 Phone (714) 242-9886 Fax December 23, 2008 t City of Palm Springs, a municipal corporation :7 n b Attn: James Thompson, City Clerk y13 3200 F. Tahquitz Canyon Way „- Palm Springs, CA. 92262 uL RE: Escrow Number 170741 Escrow Unit No. 2857 Property Address 666-330-064 Riverside County, California In order to expedite your transaction, please complete, sign, and return to our office the following: (Copies are enclosed for your records) Escrow Instructions Updated Preliminary Title Report Everyone at Stewart Title of California, Inc. is committed to providing you the professionalism and expertise that you desire. Should you have any questions, please do not hesitate to call. Sincerely, Stewart'I"itle of California. Inc. Grace Kim Escrow Officer e.oma Nmamer nurei-opu Lw-SuyuMSo Page 1 of 1 Order No. 140-854696-66 ORANGE COAST TITLE COWANS' BUILDER SERVICES/COMMERCIAL DIVISION OE�7,� 3536 CONCOURS DRIVE#120 ONTARIO, CA 91764 TTDATE PRELEW NARY REPORT STEWART TITLE ORANGE COUNTY DIVISION COMMERCIAL&INDUSTRIAL DIVISION 2010 MAIN STREET—SUITE 220 IRVINE+,CA 92614 YOUR NO,: 170741 ATTENTION: GRACE R M ORDERNO: 140-854696-66 PHIONENUMBER: (949)224.8606 DATED: DECEMBER 23,2008 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,ORANGE COAST TITLE BUILDER SERVICES HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE I=077,A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH,INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT,LIEN OR ENCUMBRANCB NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES,CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF TI-IE POLICY FORMS SHOULD BE REAL). THEY ARE AVAILABLE FROM TI-IE OFFICE, WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND TIME EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS, WFUCH ARE NOT COVERED UNDER TIM, TERMS OF TIM TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TQ TIM, CONDITION OF TITLE AND MAY NOT LIST ALL LIENS,DEFECTS,AND ENCUMBRANCES ArlPE,CTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE. PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY 1S ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. THE POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT WILL BE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY. DATED AS OF DECEMBERI8,2008 AT 7:30 A.M. l+ ` LL— ?IL17 HELENJOHNSON TITLE OFFICER IiELENJ0,OCTITLE.COM PHONE(909)987-5433 FAX(909)297-2547 TRINE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: C.L.T.A.STANDARD COVERAGE POLICY-1990(OWNER'S POLICY OR JOINT PROTECTION) -1- Order No, 140-954696-66 SCIIEDLTLE"A" THE ESTATR OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A PEE TITLE TO SAID ESTATE OR INTEREST AT THE, DATE BE RtOrl IS VESTED IN: SASON O.WILSON AND KRISTINB L.WIL,SON,HUSBAND AND WIFE AS JOINT TENANTS THE L,,ND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 10 OF PARCM,MAP NO.21921,IN THE CITY OF PALM SPRINGS,COUNTY Or RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 162 PAGE(S)18 THROUGH 23 INCLUSIVE,OF PARCEL MAPS,RECORI)S OF RIVERSIDE COTJNTY. -2- Order No. 140-854696-66 SCHEI DULP,"B" I y AT THE PATE REPt.OI'EXCEPTION TO COVtRAGE IN ADDITION TO THE PRRITED EXCEPTIONS AND EXCLUSION CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. SECOND INSTALLMENT GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2009-2009, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES. I ST INSTALLMENT S1,307.64PAID 2NDINSTALLMENT $1,307.64OPEN PENALTY $150.76(AFTER4-10-09) CODE AREA 011-096 PARCEL NO. 666-330-064-4 EXEMPTION $NONE B. THE LIEN OF SUPPLEMENTAL TAXES,IF ANY,ASSESSED PURSUANT TO THE PROVISIONS OF SECTION 7$, ET SEQ.OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITIES DISTRICTS AFFECTING SAID LAND, WHICH MAY M- ST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES PILED BY SAID DISTRICTS. ANY UNPAID AND/OR DELINQUENT BOND OR ASSESSMENT AMOUNTS WHICH MAY HAVE BEEN REMOVED FROM ITI E ROLLS OF THE COUNTY TAX ASSESSOR AND WHICH MAY HAVE BEEN REMOVED FROM THE TAX BILLS AND TAX DEFAULT REDEMPTION AMOUNTS- 1) TI12 EFFECT OF A RECORD OF SURVEY ON FTLE IN 1300K 14 PAGE(S) 20 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY,CALIFORNIA 2) AN EASEMENT FOR PURPOSES I3EREIN STATED, AS 814OWN ON OR DEDICATED BY THE MAP OF SAID TRACT FOR: DRAINAGE PURPOSES AFFECTS: THE WESTERLY 9.5 FEET OF SAID LAND 3) AN 'EASEMENT FOR PURPOSES HEREIN STATED, AS SHOWN ON OR DEDICATED BY THE MAP OF SAID TRACT FOR LANDSCAPE PURPOSES AFFECTS: THE NORTHERLY 15 FEET OF SAID LAND. 4) PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF PARCEL MAP: 21921 WHICH RECITE: THE AREAS DESIGNATED AS DRAINAGE EASEMENTS MUST BE KEPT FREE OF ALL DWELLING UNITS,OBSTRUCTIONS AND ENCROACHMENTS BY LAND FILL. 5) THE FACT THAT THE OWNERS OF SAID LAND HAVE NO RIGHT OF VEHICULAR ACCESS TO INDIAN AVENUE EXCEPT TT,12 PUBLIC RIGHT TO TRAVEL SAME,SAM RIGHTS HAVING 13EEN RELINQUISHED BY TITS DEDICATION PROVISIONS ON THE MAP OF SAID TRACT. 6) THE EFFECT OF AN ENVIRONMENTAL CONSTRAINT NOTE AFFECTING SAID MAP ON FILE IN THE OFFICE OF THE RIVERSIDE COUNTY SURVEYOR,IN E.C.S.BOOK 18 PAGE(S)8. 7) 1TIE EFFECT OF A DECLARATION OF DEDICATION AS SHOWN BY THE OWNERS CERTIFICATE ON SAID MAP, PURPORTING TO 11ULVOCABLY DEDICATE IN PERPETUITY FOR PUBLIC ROAD PURPOSES,PUBLIC UTILITY AND PUBLIC SERVICES,THE PROPERTY DESCRIBED THEREIN 8) ANY VESTED AND ACCRUED WATER RIGHTS FOR MINING, AGRICULTURAL, MANUFACTURING, OR OTHER PURPOSES AND RIGHTS TO DITCHES AND RESERVOIRS USED IN CONNECTION WTTIT SUC14 RIGHTS, AS MAY BE RECOGNIZED AND ACKNOWLEDGED BY THE LOCAL CUSTOMS, LAWS AND DECISIONS OF COURTS, AND TT-IE RESERVATION FROM THE LANDS THEREBY GRANTED A RIGHT OF WAY TI3EREON FOR DITCHES OR CANALS CONSTRUCTED BY TPE AUTHORITY OF THE UNITED STATES, AS CONTAINED IN T14B PATENT FROM TFIE UNITED STATES OF AMERICA AND RECORDED NOVEMBER 23, 1921 IN BOOK 8 PAGE 204 OF PATENTS,RECORDS OF RIVERSIDE COUNTY,CALIFORNL4. -3- Order No. 140-854696-66 9) AN EASEMENT FOR PURPOSES HEREIN STATED,AND RIGHTS INCIDENTAL THERETO AS PROVIDED IN AN INSTRUMENT RECORDED: JULY 10, 1933 IN BOOK 131,PAGE 118,OFFICIAL RECORDS FOR: UTILITIES AND INCIDENTAL PURPOSES IN FAVOR OF: SOUTHERN CALIFORNIA TELEPHONE COMPANY AFFECTS: SAID LAND- 10) AN EASEMENT FOR PURPOSES I•IEREIN STATED,AND RIGHTS INCIDENTAL,TFIERETO AS PROVIDED IN AN INSTRUMENT RECORDED: AUGUST 7,19471N BOOK 841.PAGE W.OFFICIAL RECORDS FOR: ROADS AND INCIDENTAL PURPOSES IN FAVOR OF: FRANK BROES,SR. AFFECTS: A PORTION OF SAID LAND. AND RE-RECORDED AUGUST 14, 1947 IN BOOK 854,PAGE 519,OFFIrM.L RECORDS. 11) AN EASEMENT FOR PURPOSES HEREIN STATED,AND RIGHTS INCIDENTAL THERETO AS PROVIDED IN AN INSTRUMENT RECORDED: NOVEMBER 4,1949 IN BOOK 1121 PAGE 496,OFFICIAL RECORDS FOR: EITHER OR BOTH POLL:LINES,CONDUITS OR UNDERGROUND FACILITIES AND INCIDENTAL PURPOSES INFAVOR DF: CALIFORNIA ELECTRIC POWER COMPANY AFFECTS: A PORTION OF PARCEL 5 12) THE PACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM TF1E FREEWAY ADJACENT TO SAID LAND.SAID RIGHTS HAVE BEEN RELINQUISHED IN THE DEED TO THE STATE OF CAT IFORNI4 RECORDED JANUARY 10, 1952 AS INSTRUMENT NO. 1445, OFFICLAL RECORDS- 13) THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRZ:SS TO OR FROM TIM FREEWAY ADJACENT TO SAID LAND.SAID RIGHTS I•IAVE BEEN RELINQUISHED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED SEPTEMBER 21,1955 AS INSTRUMENT NO- 60956, OFFICIAL RECORDS. 14) THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM THE FREEWAY ADJACENT TO SAID LAND.SAID RIGHTS HAVE BEEN RELINQUISHED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED JULY 19, 1956 IN BOOK 1945 PAGE 492, OFFICIAL RECORDS, 15) THE FACT THAT THE OWNERS141P OF SAID LAND DOES NOT INCLUDE ANY RIGI-TTS OF INGRESS OR EGRESS TO OR FROM THE FREEWAY ADJACENT TO SAID LAND-SAID RIGHTS HAVE SEEN RELINQUISHED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 19, 1965 AS INSTRUMENT NO. 119312, OFFICIAL RECORDS. 16) THE FACT TI- T THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM THE FREEWAY ADJACENT TO SAID LAND.SAID RIGHTS HAVE BEEN RELINQUISHED ED IN TIME DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 21, 1966 AS INSTRUMENT NO. 7576, OFFICIAL RECORDS. 17) THE FACT TI•IAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM THE FREEWAY ADJACENT TO SAID LAND-SAID RIGHTS HAVE BEEN RELINQUISHED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 13, 1972 AS INSTRUMENT NO. 137341, OFFICIAL RL'CORDS. 18) AN EASEMENT FOR PURPOSES HEREIN STATED,AND RIGHTS INCIDENTAL THERETO AS PROVIDED IN AN INSTRUMENT RECORDED: SEPTEMBER 1, 1987 AS INSTRIIMSNTNO.253356,PARCEL MAPS FOR: EMIER OR BOTH POLE LINES,CONDUITS OR UNDERGROUND FACILITIES AND INCIDENTAL PURPOSES IN FAVOR OF: GENERAL TELEPHONE COMPANY OF CALIFORNIA AFFECTS: THE$OUTI-IEASTERLY 10 FEET OF SAID LAND. -4- Order No. 140-854696-66 19) COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED TUNE 18, 1990 AS INSTRUMENT ND-224537,OFFICIAL RECORDS,W141CH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR,RELIGION,SEX,HANDICAP,FAMILAAI.STATUS,OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CI•IAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, "NOTE: SECTION 129$6.I OF THE GOVERNMENT CODE PROVIDE THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID,AND MAY BE REMOVED PURSUANT TO SECTION 129563 OF THEq GOVERNMENT CODE, LAWFUL RESTRICTION UNDER STATE AND FEDERAL LAW ON TIE AGE OF OCCUPANTS IN SENIOR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTION BASED ON FAMILIAL STATUS," 20) A COVENANT AND AGREEMENT BY AND BETWEEN THE PARTIES NAMED I EREIN,UPON AND SUBMCI' TO THE TERMS AND CONDITIONS THEREIN- DATED: MAX 13, 1993 EXECUTED BY: PILOT TRAVEL VENTURES, A DELAWARE PARTNERSHIP AND TEN INDIAN PARTNERSHIP,A CALIFORNIA GENERAL PARTNERSI.I7P RECORDED: MAY 27,1993 AS INSTRUMENT NO. 199197,OFFICIAL RBCORDS- 21) THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND,BUT WHICH,IF ANY DO EXIST,MAY AFFEL'T TH S TITLE OR IMPOSE LIENS OR ENCUM3RANCES THEREON. THE NAME SEARCH NECESSARY TO ASCERTAIN THE EXISTENCE OF SUCH MATTERS HAS NOT BEEN COMPLETED AND WILL REQUIRE A STATEMENT OF INFORMATION FROM VESTEES IN ORDER TO COMPLETE THIS REPORT. END OF SCREDDI.E I3 POLICY RATE: 80°/n+FATIC ENCLOSURES: PLATS -5- Order No. 140-854696-66 "NOTES AND RE 01MMENTS SECTION" NOTE NQ_I "CALIFORNLI STATE SENATE BILL NUMBER 2319, EFFECTIVE JANUARY 1, 1991, REQUIRES THAT TIM BUYER IN ALL SAtES OF CALIFORNIA REAL ESTATE,WHEREIN THE SELLER SHOWS AN OUT OF STATE ADDRESS,WITIR30LD 3 1/3%n OF 71-IE TOTAL SALES PRICE AS CALIFORNIA STATE INCOME TAX, SUBJECT TO THE VARIOUS PROVISIONS OF TITS LAW AS THEREIN CONTAINED." NOTE NO.2 PAYOFF INFORAIATION: NOTE: THIS COMPANY DOES REQUIRE CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING, IF THE DEMAND IS EXPIRED AND A CORRECT DEMAND CANNOT BE OBTAINED, OUR RBQUIRCMENTS WILL BE AS FOLLOWS: A. IF THIS COMPANY ACCEPTS A VERBAL UPDATE ON THE DEMAND, WE MAY HOLD AN AMOUNT EQUAL TO ONE MONTHLY MORTGAGE PAYMENT. THE AMOUNT OF '1141S HOLD WILL BE OVER AND ABOVE TISE VERBAL HOLD THE LENDER MAY HAVE STIPULATED. B. IF THIS COMPANY CANNOT OBTAIN A VERBAL UPDATE ON THE DEMAND, WILL EITHER PAY OPE THE EXPIRED DEMAND OR WAIT FOR THIi A.MENOED DEMAND,AT THE DISCRETION OF THE ESCROW. C. IN THE EVENT THAT A PAYOFF IS BEING MADE TO A SERVICING AGENT FOR THE BENEFICIARY,THIS COMPANY WILL REQUIRE A COMPLETE COPY OF THE SERVICING AGREEMENT PRIOR TO CLOSE. NOTE NO,3 IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 M"DATES HOLD PERIODS FOR CHECKS DEPOSTTF,D TO ESCROW OR SUB-ESCROW ACCOUNTS, TI:E MANDATORY 1,101-1)IS ONE BUSINESS DAY AFTER TIC'DAY DEPOSITED, OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED- IF FUNDS ARE TO BE DEPOSITED WITH ORANGr COAST TITLr BCITLDEk SEIRVJCES BY WIRE TRANSFER,THEY SHOULD BE WIRED TO TT-I1 FOLLOWING BANIVACCOUNT: BAND OF A1VIEIUCA 100 WEST 33r8 STREET NEW YORIC,NY 10001 ABA 026009593 ACCOUNT NO.1235563445 CREDIT TO THE ACCOUNT OF ORANGE COAST TITLE BUILDER SERVICES PLEASE REFFRENCE ORDERNO. 140-854696-66 AND TIELEN 7OnNSON,TITLE OFFICER -6- Order No. 140-854696-66 EMT"A" PARCEL 10 OF PARCEL MAP NO.21921,IN T1-1L+CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE,STATE OF CALIFORN" AS SHOWNEX MAP ON FILE IN BOOK 162 PAGE(S)18 THROUGH 25 INCLUSIVE,OF PARCEL MAPS,RECORDS OF RIVERSIDE COUNTY, Order No. 140-854696-66 NOTICE REGARDING YOUR DEPOSIT OF FUNDS CALIFORNIA INSURANCE CODE SECTIONS 12413 ET SEQ.REGULATES THE DISBURSEMENT OF ESCROW AND SUB-ESCROW FUNDS BY TITLE COMPANIES.THE LAW REQUIRES TI-Wt FUNDS BE DEPOSITED IN THE TITLE COMPANY ESCROW AND SUB-ESCROW ACCOUNTS AND BE AVAILABLE FOR WITHDRAWAL PRIOR TO DISBURSEMENT.FUNDS DEPOSITED WITH THE COMPANY BY WIRE TRANSFER MAY BE DISBURSED UPON RECEIPT.FUNDS DEPOSITED WITH THE COMPANY VIA CASHIER'S CHECKS DRAWN ON A CALIFORNIA BASED BANK MAY BE DISBURSED THE NEXT BUSINESS DAY AFTER THE DAY OF DEPOSIT.IF FUNDS ARE DEPOSITED WITH BY OTHER METHODS,RECORDING OR DISBURSEMENT MAY BE DELAYED.ALL ESCROW AND SUB- ESCROW FUNDS RECEIVED BY THE COMPANY WILL BE DEPOSITED WITH OTHER FUNDS IN ONE OR MORE NON-INTEREST BEARING ESCROW ACCOUNTS OF THIS COMPANY IN A FINANCIAL INSTITUTION SELECTED BY THE COMPANY,THE COMPANY AND/OR ITS PARENT COMPANY MAY RECEIVE CERTAIN DIRECT OR INDIRECT BENEFITS FROM THE FINANCIAL INSTITUTION BY REASON OF THE DEPOSIT OF SUCH FUNDS OR THE MAINTENANCE OF SUCH ACCOUNTS WITH THE FINANCIAL INSTITUTION,AND THE COMPANY SHALL RAVE NO OBLIGATION TO ACCOUNT TO TI-M DEPOSITING PARTY IN ANY MANNER FOR THE VALUE OF,OR TO PAY SUCH PARTY,ANY BENEFIT RECEIVED BY THE COMPANY AND/OR ITS PARENT COMPANY.THOSE BENEFITS MAY INCLUDE,WITHOUT LIMITATION,CREDITS ALLOWED BY SUCH FINANCIAL INSTITUTION ON LOANS TO THE COMPANY AND/OR ITS PARENT COMPANY AND EARNINGS ON INVESTMENTS MADE ON THE PROCEEDS OF SUCH LOANS,ACCOUNTING,REPORTING AND OTHER SERVICES AND PRODUCTS OF SUCH FINANCIAL INSTITUTION.SUCH BENEFITS SHALL BE DEEMED ADDITIONAL COMPENSATION OF THE COMPANY FOR ITS SERVICES IN CONNECTION WITH THE ESCROW OR SUB-ESCROW. Order No. 140-854696-66 ORANGE COAST TITLE BUILDER SERVICES PRIVACY POLICY WE ARE COMMITTED TO SAFEGUARDING CUSTOMER INFORMATION IN ORDER TO BETTER SERVE YOUR NEEDS NOW AND IN THE FUTURE,WE MAY ASK YOU TO PROVIDE US WITI-i CERTAIN INFORMATION, WE UNDERSTAND THAT YOU MAY BE CONCERNED ABOUT WI-IAT WE WILL DO WITH SUCH INFORMATION-PARTICULARLY ANY PERSONAL OR FINANCIAL INFORMATION. WE AGREE THAT YOU HAVE A RIGHT TO KNOW HOW WE WILL UTILIZE•. THE PERSONAL INFORMATION THAT YOU PROVIDE TO US. THERRrORF, WE HAVE ADOPTED THIS PRIVACY POLICY TO GOVERN THE USE AND HANDLING OF YOUR PERSONAL INFORMATION. APPLICABILITY THIS PRIVACY POLICY GOVERNS OUR USE OF THE INFORMATION YOU PROVIDE TO US.IT DOES NOT GOVERN THE MANNER IN WHICH WE MAY USE INFORMATION WE HAVE OBTAINED PROM ANY OTHER SOURCE, SUCH AS INFORMATION OBTAINED FROM A PUBLIC RECORD OR FROM ANOTHER PERSON OR ENTITY. TYPES OF INFORMATION DEPENDING UPON WHICH OF OUR SERVICES YOU ARE UTILIZING,THE TYPES OF NONPUBLIC PERSONAL INFORMATION TI-IAT WE MAY COLLECT INCLUDE: • INFORMATION WE RECEIVE FROM YOU ON APPLICATIONS, FORMS AND IN OTHER COMMUNICATIONS TO US, WHETHER IN WRITING,IN PL•RSON,BY TELEPHONE OR ANY OTHER MEANS. • INFORMATION ABOUT YOUR TRANSACTIONS WITH US,OUR AFFILIATED COMPANIES,OR OTHERS;AND • INPORMATION WE RECEIVE I-ROM A CONSUMER-REPORTING AGENCY. USE OF INFORMATION WE REQUEST INFORMATION FROM YOU FOR OUR OWN LEGITIMATE BUSINESS PURPOSES.AND NOT-FOR BENEFIT OF ANY NONAFFILIATED PARTY. THEREFOPE, WE WILL NOT RELGASE YOUR INFORMATION TO NONAFFILIATED PARTIES EXCEPT: (1) AS NECESSARY FOR US TO PROVIDE THE PRODUCT OR SERVICE YOU HAVE REQUESTED OF US;OR(2)AS PERMITTED BY LAW-WE MAY, HOWEVER, STORE SUCH INFORMATION INDEFRJITELY, INCLUDING THE PERIOD AFTER WHICH ANY CUSTOMER RELATIONSHIP HAS CEASED. SUCH INFORMATION MAY BE USED FOR ANY INTERNAL PURPOSE, SUCH AS QUALITY CONTROL EFFORTS OR CUSTOMER ANALYSIS, FORMER CUSTOMERS EVEN IF YOU ARE NO LONGER OUR CUSTOMER,OUR PRIVACY POLICY WILL CONTINUE TO APPLY TO YOU. CONFIDENTIALITY AND SECURITY WE WILL USE OUR BEST EFFORTS TO ENSURE THAT NO UNAUTHORIZED PARTIES HAVE ACCESS TO ANY OF YOUR INFORMATION.WE RESTRICI•ACCESS TO NONPUBLIC PERSONAL EIPORMATION ABOUT YOU TO THOSE INDIVIDUALS AND ENTITIES THAT NEED TO KNOW THAT INFORMATION TO PROVIDE PRODUCTS OR SERVICES TO YOU.WE WILL USE OUR BEST EFFORTS TO TRAIN AND OVERSEE OUR EMPLOYEES AND AGENTS TO ENSURE THAT YOUR INFORMAITON WILL BE HANDLED RESPONSIBLY AND IN ACCORDANCE WITH THIS PRIVACY POLICY.WE CURRENTLY MAINTAIN PHYSICAL,ELECTRONIC,AND PROCEDURAL SAFEGUARDS TI•IAT COMPLY WITI.1 FEDERAL REGSILATIONS TO GUARD YOUR NONPUBLIC PERSONAL INFORMATION. Order No. 140-954696-66 EXH13IT`A' CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY—1990 EXCLUSIONS FROM COVERAGE The following matters arc expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,atiomoys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building or coning laws,ordinances,or regulations)restricting,regulating, prohibiting or relating(i)1hc occupancy,use,or enjoyment of Vic land;($)the character,dimensions or location of any improvement now or hereafter"acted on ilia land; (iii)a separation in ownership or a change in the dimensions or wen of the land or any parcct of which tic land is or was a port;or(iv) environmental princedom,or the effect of any violation of These laws, ordinances or governmental regulations, except to the agent that a notice of the enforcement tncaof or a notice of o defect,lien,or encumbrance resulting from a violation or alleged violation affecting ilia land has been recorded in ilia public records at Date of Policy. (b) Any gavcmmantak police power not excluded by(a) above,except to ilia extent that a notice of the exercise Ihemof or notice of a defect,lien or encumbrance resulting from n violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy. 2. Rights of eminent domain unless notice ofthc exercise thereof has boon recorded in to public record$at Dale of policy,but not excluding from coverage any taking which has occurred prior to Dare of Policy which would be binding on the rights of purchaser for value widrout knowledge, 3 Oefects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in ilia public records at Date of Policy,but Created.suffered.assumed or agreed to by the insured claimant; (b) not known to the Company,not fecorded in the public records at Dare of Policy,but]mown to tie insured claimant and not disclosed in writing to the Company by the insured claimant prior to the dam the insured claimant became m insured under this policy; (c) resulting in no loss or damage to the insured claimant, (it) attaching or created subsequent to Date of Policy;or (a) resulting in loss or damage which would not have been sustained if tie insured claimant had paid value for the Insured mortgage or for the estate or interest insured by this policy. 4 Unenforccabilky of the lien of the insured mortgage because of ilia inability or failure of The insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable doing busmeaq laws of the state in which ilia land is situated 5. Invalidity or unenfer ecability of line lien of the insured mortgage,or claim thcrcot which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer Cmilitpr tection of wrh in lending law. 6. Any claim,which arises out of die transaction vesting in the insured We estate of interest insured by this policy or ilia u•ansaction creating the interest of ilia insured lender,by reason of tic operation offedaal bankruptcy,state insolvency or similar creditors'rights laws. EXCEPTIONS FROM COVERAGE-SCIIE➢ULE D,PART I This policy does not insure against lass or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason OP. 1, Taxes or assessment's which are not shown as exisrhig liens by the maids of soy taxing authority that levies taxes or assessment on real property or by the public records. $occcdings by a pahlic agency which may result in taxes or assessments,or nodccs of such proceedings,whedner or not shown by the i ecm ds of such agency or by tin pubic records. 2. Any facts,rights,inicresrs,or claims which we not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof 3, Eammienrs,liens or encumbrances,or claims thereof which are not shown by the public retards. 4, Discrepancies, conflicts in boundary lines,shortage in wren,encroachments,or any other facts which a correct survey would disclose, and which are not shown by the public records, 5. (a) Unpatented mining claims, (b)reservations or exceptions in parents or in Acts authonxing tic issuance thereof, (c)water right;claims or title to water, whether or not the matters excepted under(e),(b)or(c)are shown by the public retards. CLTA HOMEOWNER'SYOLICY OF TITLE INSURANCE(62198) & ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE(10/17/98)EXCLUSIONS FROM COVERAGE In addition to Am Exceptions in Schedule 2.You urc not insured against loss,costs,atomcys'fees,and cocpeams resulting from: 1, Governmental police power,and the existence or violation of any law or government regulation. This includes ordinances,laws and regulations condemiig (a) building; (b)zoning; (c)Land use; (d)Improvcmcnts on Land; (a)Land division, (0 environmental protection. This Exclusion does not apply to violations or tie enfornment of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not)imit the coverage described in Covered Fisk 14.15.16,17,or 24, 2. The failure of Your cxledng strneturn,or any part oftiem,to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice ofthe violation appears in to Public Records at the Policy Date. 3, The right to tape the Land by condemning it unless(a)notice of exercising tie right appears in the Public Records at the Policy Data, (b)the taking happened before The Policy Date and is binding on You if You bought the Land without Knowing of ilia taking 4. Risks: (a) that are created,allowed,or agreed to by you,whether or not they appear in the Public Records;(b)that an;known to you at the Policy Dare,but not to Us,unless they appear in the Public Records at the Policy Dale;(a)that result in no loss to You;or(d)that first occur afar the Policy Dale-this does not limit the coverage described in Covered Rink 7,8.d,22,23,24 or 25. 5. Failure to pay value for Your Title. 6 Lack of a right(a)to any Land outside the area specifically described and referred to in puragraph 3 of Schedule A;and(b)in streets,alleys,or waterways That touch The land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. AMERICAN LAND TITLE ASSOCIATION RESIDLN TIAL TITLE INSURANCE POLICY(6-1-97) EXCLUSIONS FROM COVERAGE In addition to the Exceptions in Schedule 13,you arc not insured against loss,costs,anomeys'fees,and expenses resultingfrom: 1. Governments]police power,and the cxistcnce or violation of any law or government regulation This includes building and zoning ordinances and also laws and regulations concerning:land use,improvcmcnE on the land,land division or envinmhmental protection. This exclusion dogs not apply to violations or the cnforccmcnt of tense matters which appear in the public records at Policy Data. This exclusion does not limit the zoning coverage described in Items 17.and 13 of Covered Title Risks, 2. The right to take the land by condemning it,unless:anotice ofexorcisin"m right appears in the public records,on the Policy Date,the taking happened prior to the Policy Date and is binding on you if you bought tic land without knowing of die taking 3. Title Risks:that are created,allowed, or agreed to by you,that arc known to you,but not to us,on The Policy Date—unless t to appeared in o public records;that result in no loss to you; that first affect your title after the Policy Date—this does not limit ilia labia and matenial lien coverage in Item 8 of Covered Title tZislm 4. Failurc to pay value for your tide. 5. Lack of a right-to any land outside the area specifically described and referred to in Irem 3 of Schedule A; OR in streets,alloys,or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Order No. 140-854696-66 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10.17-91) WITH ALTA ENDORSEMENT-POItM I COVERAGE& AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters we expressly excluded from The wvcmgc of this policy and the Company will nor pay loss or damage,costs,attorneys'fees or experens which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)tin character,dimensionv or loragon of any improvement now or herealter emctcd on the]and;(iii)a separation in ownership or a change in du dimensions Or area of the land Or any parcel of which the land is or was a part; or(iv)environmental protection,or the affect of any violation of them laws,Ordinances or governments]regulations,except in the Indent that a notice ofthe enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been retarded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent That a notion of the exercise thereof or a notice of u defecr,lien or encumbrance resulting from a violation or alleged violation effecting the land has been recorded in the public records at Date of Policy. 2. Right:of cmimmrt domain unless truce of Vic exercise Vumeihas been recorded in Vic public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3, Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed Or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became un insured under this policy; (c) resulting in no loss or damage to the insured clabard; (d) antaching or related subsequent to date of policy(kept to the extent that this policy insures the priority of Vic lien of the insured mortgage over any statutory lien for services,labor of material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date Of policy);of (c) resulting in loss or damage which would not have been sustained ift a insured claimant had paid value for the insured mortgage. 4 Unenfomcabihty,of Vrc lien of tho insured mortgage because Of the inability or failure of the insured at Date of Policy,or die inability or failure of any subsequent owner of Vic indebtedness,on comply with applicable doing business laws of the state In which The land is situated. 5. Invalidky or uncnforceabihty ordhe lice of the insured mortgage,or claim therco'f,which arises our of the Transaction evidenced by the insured modgagc and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lice for services,labor or materials Over Via lien of tee insured mortgage)arising item an improvement or work related to the land which is contracted fbr and commenced subsequent to Date of Policy mid is not financed in whole or in part by procccdS of the indebtedness secured by the insured mortgage which at Dale of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of Vie operation of federal bankruptcy, state insolvency,or similar creditors'rights laws,that is based on: (i)Vie transaction creating the interest of Ilia insured mortgagee being doomed a fraudulent conveyance Or fraudulent Vansfcr:Or ((u)the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination;or (iii)the transaction creating the interest of the insured mo tgagcc being deemed a preferential trsnsfcr cxceptwhere the preferential transfer results from the failure:(a)to timely record tiro instrument Of transfer;or of such recordation to impart notice to a purchaser for value or ajudgament or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(10-17-92)& AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(1V-17-92) EXCLUSIONS PROM COVERAGE The following matters we expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,attorneys'fees or expenses which arise by reason of ]. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,prohibiting of Ielming to(i)ilia occupancy,use,or enjoyment of the land; (ii)the character,dimensions or location of any improvement now or hereafter erected an the land; (III)a separation in owncrsblp or a change in me dimensions or area of the land or any parcel of which the land is or was a part; or(IV)environmental prometion,or thin effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,]fen or encumbrance resulting from n violation or alleged violation af(bcting the land has been recorded in the public records et bate of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dam of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in Vic public retards at Dale.o£Policy,but not excluding from coverage any taking which has oecugcd prior to Dale of Policy which would be binding on die rights of a purchaser for value without knowledge 3. Defects,lions,encumbrances,adverse claims or other matters; (a) created,suffered,assumed or agreed to by the insured claimant; N not known to the Company,not recorded in the public records at Dam of Policy,but known to the insured claimant and not disclosed in writing to the Company by Etc insured claimant prior to the date the insured claimant became an insured under this policy; (c) msuning in no loss Or damage to ilia insured claimant; (d) attaching or created subsequent to Date of Policy;or (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any club,which arises out of Vic transaction vcstng in Uhe insured Vie estate Or interest insured by this policy,by reason of dhc operation of federal brmkmptny,state insolvency,or similar creditors'rights laws,flat is hased on: (h) the transaction creating the estate or interest insured by this policy being denied a fraudulent conveyance or fraudulent transfer;or (ii) Vic transaction creating the estate or interest insured by thib policy bung deemed a preferential transfer except where the preferential transfer results From the failure:(a)to timely record the msuumcnl of transfer;or(b)of such recordation in impart notice to a purchaser for value or a judgement or lien creditor. The above policy fours may be issued to afford eidhcr Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage Policy will also include Vic following Gemini Instructions: SCHEDULE D-EXCEPTIONS FFOM COWRAOB This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: I. Texas or assessments which we not shown as existing liens by the retards of any taxing authority that levies luxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such pmcemlingg,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which arm not shown by the public records but which could be asccrtaincd by an inspection of the land or by making inquiry of parsons in possession dlcreof 3. Easements,liens or cncumbrmins,or claims thereof which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area, encroachments, Or any other facts which a correct survey would disclose,and which we not shown by the public records. 5 (a)Unpainted mining claims;(b)reservations or exceptions in patents or in Acts audiorizing the issuance thereof, (a)water Tights,claims or title In water, Whether or not the matters excepted under(a),(b)or(a)are shown by the public records. Order No. 140-854696-66 February 28,2007 County of lZiversida 3133 Mission Inn Avenue Riverside,Ca 92507 Attention: Dawn Lloyd Re: Reference: Wilson OCT Qrder No_: 1401-954696-66 Dear Ms.Lloyd: Please find enclosed our preliminary report for the above-reference property, If you have any gncstions,we will be happy to discuss the particulars with you, Please be advised that this report is furnished solely as an offer to issue a policy of title insurance in accordance with California Insurance Code Section 12340.11, and does not necessarily reflect the exact status of title to the property. No liability is assumed hereby. Liability will only arise under a policy of title insurance, and any such liability will be solely that of the underwriter on whose behalf the policy is issued. If it is desired that liability should be assumed prior to the issuance of a policy of title insurance, a binder or commitment should be requested. Thank you for choosing Prange Coast Title Company. Your business is appreciated. Very truly yours, q IMLENJOHNSON TITLE OFFICER 14ELENIGOCTITLE.COM PHONE(909)987-5433 FAX(909)297-2547 Encl. o ❑ APR 225955 a 4 SE gran ou ,ai mbcvl ami S2 C..15 Par. SEC 22 T3. , 5. R. 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Nqq r,n ar a s m[a rL 3r- ms,4/PO - + r RL ];L if.I Zi l` LfY i]O I/N IISr lI anz Lx>'a P,Nk2/��23Farm Mop Naov) 'L . n• AS5RIVMVS8 MAP Br E5H Ir 33 yw "�' ML rare N a rrNER57DE LbJN1Y nruE � AA%L Stewart Title of California, Inc �s ewart 2010 Main Street, Suite 230 title of California, inc. Irvine, CA 92614 (949)476-0777 Phone (714)242-9886 Fax Date December 23, 2008 Escrow Officer (irate Kim Escrow Number 170741 Escrow Unit No. 2857 Property Address 666-330-064 Riverside County, California SUPPLEMENTAL ESCROW INSTRUCTIONS STEWART TITLE OF CALIFORNIA,INC. IS LICUNSUP aV I In;S'rA 11,01 CAL11 ORNIA UNPUR'I IFU PUI•AR'I MUN'I OF INSURANCE LICENSE NO.388 STEWART TITLE OF CALIFORNIA, INC., MAJOR ACCOUNTS DIVISION You have been provided with a fully executed copy of Right of Way Agreement For Acquisition of Real Property and Escrow Instructions (the "Agreement") by and between Jason O. Wilson and Kristine L. Wilson, (the "Seller"), and City of Palm Springs, a municipal corporation, (the "Buyer"), which is to be construed as your escrow instructions insofar as closing your escrow is concerned. Escrow Agent will act in accordance with the terms of the Agreement and the attached General Provisions, in its capacity as Escrow Agent in the performance of its duties, to the extent that escrow agents are generally expected to act or perform. By execution of these instructions, parties herein acknowledge that said General Provisions are made a part of said Agreement. However, in the event of any inconsistency between the General Provisions and the Agreement the terms and provisions of the Agreement shall control. NOW, THEREFORE, in consideration of the terms and provisions of the Agreement, and for purposes of clarification relative thereto, Buyer and Seller herein specifically instruct Escrow Holder as follows: PURCHASE PRICE: The total "Purchase Price" is hereby established and agreed upon to be S35.510.00 NOTABLE DATES: pursuant to the Agreement,the following are notable dates to be considered: ESCROW OPENING DATE: Shall be December 18, 2008 EXPECTED CLOSING DATE: Shall be April 30, 2009, LEGAL COUNSEL'S INSTRUCTIONS: From time to time, Escrow Holder may be provided with written instructions from Buyer and/or Seller's legal counsels, including, but not limited to, contingency approval letters and Closing Instructions. Buyer and Seller hereby authorize and instruct Escrow Holder to comply and act upon such written instructions from their legal counsels without the necessity of buyer and/or Seller's written approval thereto. FACSIMILE SIGNATURES: Buyer and Seller (i) agree to permit the use, from time to time and where appropriate, of facsimile signatures in order to expedite the transaction contemplated by the Agreement, (ii) intend to be bound by its respective facsimile signatures, and (iii) are aware that the other will rely on the facsimile signatures, and (iv) authorize and instruct Escrow I-folder to rely and act upon such facsimile signatures as originals. uu,o,Numbur ili�7'1-Smnlumm�l L'urowlnnilSA�' Page 1 of BUSINESS DAY: Whenever notice must be given, or funds or documents delivered or any action Hurst be taken pursuant to the Agreement, and the last day therefore is a day other than a Business Day, then such notice may be given or such funds or documents may be delivered, or such other actions may be taken, on the next succeeding day that is a `Business Day". Business Days shall be defined as Monday through Friday, 9:00 a.m. to 5:00 p.m. Pacific Standard Time exclusive of Federal and California State holidays. HAZARD INSURANCE: No fire, hazard, or liability insurance coverage shall be obtained through escrow and such shall not be a concern of Escrow Holder, TAX EXEMPT AGENCY: All parties hereto acknowledge that the buyer is public entity and exempt from payment of any real property taxes. There will be no proration of taxes through escrow. Seller will be responsible for payment of any real property taxes due prior to close of escrow. In the event any real property taxes are due and unpaid at the close of escrow, Escrow Holder is hereby authorized and instructed to pay such taxes from proceeds due the Seller at the close of escrow. Seller understands that the Tax Collector will not accept partial payment of an installment of the real property taxes due at the close of escrow. At the close of escrow, the Buyer will file any necessary documentation with the County Tax Collector/Assessor for the property tax exemption. Any prorate refund that will be due the Seller will be refunded to the Seller by the county Tax Collector/Assessor outside of escrow and Escrow Holder shall have no liability and/or responsibility in connection therewith. CLOSING COSTS Upon close of escrow you are authorized and instructed to ebarge our respective account the costs attributable to each, including but not limited to the following: Seller Buyer Owners Title Insurance Premium X Escrow Fee X Reconveyance Fee, if applicable X Recording Tees (Deed) EXEMPT Documentary Transfer Tax as required EXEMPT Misc. (Wire fee, special messenger, overnight express) X (From funds due Seller,Escrow Holder is authorized to apply liens and/or encumbrances as may be require to place title in the condition called for in these instructions.) The foregoing instructions and the GENERAL PROVISIONS attached hereto are hereby approved by all of the undersigned and they agree to hand you the documents and/or funds as required to comply with same. Buyer(s): r- City of Palm Springs, a municipal corporation Name: David FI. Re Its: City Manager ATTEST= APPROVED BY CITY COUNCIL _ L-f$ /City Clerk hin rcn Pagc2of3 �i EXHIBIT I GENERAL PROVISIONS 1. DEPOSIT OF FUNDS,OPPORTUNITY TO EARN INTEREST AND PRORATIONS All funds received in this escrow shall be deposited with other escrow funds into one or more non-interest bearing escrow accounts at a financial institution selected by Escrow Agent. Escrow Agent shall not be responsible and shall have no liability for any delay in closing this escrow if the funds deposited are not available for immediate withdrawal as a matter of right pursuant to California Insurance Code Section 12413.1 et. seq. Funds deposited in the financial institution are insured only to the limit provided by the Federal Deposit Insurance Corporation. Escrow Holder shall not be held responsible for loss of any amount over the FDIC insured limit due to bank failure or 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 regards to placement of wires. You have the opportunity to earn interest on the funds you deposit with us by instructing us to deposit your funds in an interest bearing account. (You do not have an opportunity to earn interest on any funds deposited by a lender) If you elect to earn interest,there is an additional fee in the amount of$50,00 for establishing and maintaining such an account. It is important that you consider this cost as it may exceed the actual interest you earn. Should you not elect to earn interest on your deposit, your funds will be deposited in our General Escrow Account at a financial institution insured by the FDIC. This is a non-interest bearing account; however, Stewart Title of California, Inc. may receive certain financial benefits from that financial institution because of the General Escrow Account and its on-going banking relationship. These benefits may include, without limitation, credits allowed by such financial institution on loans to Stewart Title of California, Inc and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. We do not have an obligation to account to you in any manner for the value of, or to compensate any party for, any benefit received by Stewart Title of California, Inc.. Any such benefits shall be deemed additional compensation of Stewart Title of California,Inc. for its services in connection with the escrow. All Prorations and/or adjustments called for in this escrow shall be made on the basis of a 30 day month or 360 day year, unless otherwise instructed in writing. Proration of real property taxes including supplemental real property taxes,will be made on the basis of the latest available figures provided to Escrow Holder. The phrase close of escrow(COE)as used herein means the date on which instruments/documents are recorded. Disbursements from this escrow will be made by check of Escrow Holder. Unless otherwise instructed in writing, checks will be issued jointly to the parties designated as payees. Signatures (including initials) of principals or their duly authorized agents on any documents/instrument and/or instruction pertaining to this escrow indicate approval of same. 2. SPECIAL RECORDINGS If a "SPECIAL RECORDING" is arranged and completed, meaning recording the documents called for in this escrow, at any time other than the standard recording time for title companies, then all parties hereto represent and warrant that during the period of time between the standard recording time and the time the documents are actually recorded pursuant to the"SPECIAL RECORDING", no additional liens, encumbrances, or exceptions to the tide whether involuntary or voluntary, of any kind or nature will attach to or be recorded against the subject property, nor will the subject property be otherwise transferred or conveyed. All parties hereby expressly agree to indemnify and hold Fscrow Holder harmless from all claims, losses or damages and attorney's fees resulting from any such additional liens,encumbrances,exceptions to title,transfers or conveyances. 3. AUTHORIZATION TO DELIVER If it is necessary,proper or convenient for the consummation of this escrow, Escrow I•Iolder is authorized to deposit or have deposited funds or documents, or both, handed to Escrow Holder under these escrow instructions with any duly authorized sub-escrow agent, including, but not limited to,any bank,trust company,title insurance company,title company,savings and loan association, or licensed escrow agent, at or before close of escrow in connection with closing this escrow. Any such deposit shall be deemed a deposit under the meaning of these escrow instructions. 4. AUTFIORIGATION TO FURNISH COPIES Furnishing copies of any/all escrow instructions, amendments, supplements, preliminary reports, notices of cancellation and closing statements in this escrow to the real estate brokor(s), lenders and/or attorney's representing principals to this escrow is authorized. Escrow holder shall not incur any liability to the parties for delivery of said copies. 5. TIME AND WRITTEN NOTIFICATION Ex wNnmLc Page 1 of 5 Time is of the essence, in the event the conditions of this escrow have not been complied with at the expiration of the time provided for herein you are permitted,though not required, to complete the same at the earliest possible date thereafter. No notice, demand or change of instructions shall be of any effect to alter, amend, supplement, or vary the terms of these instructions unless given in writing and signed by all parties affected thereby. 6. CANCELLATION PROVISIONS Any principal instructing Escrow Holder to cancel escrow shall file notice of cancellation in Escrow I•Iolder's office in writing and so state the reason for cancellation. Upon receipt of same, Escrow Holder shall prepare cancellation instructions for signatures of the principals and shall forward same to the principals. Upon receipt of mutually agreeable cancellation instructions signed by all principals and after payment of Escrow Holder's cancellation charges, Escrow Holder is authorized to comply with such instructions and cancel the escrow. 7. ACTION IN INTERPLEADER OR OTHER COURT OR LEGAL PROCEEDINGS The principals hereto expressly agree that Escrow Holder has the absolute right, at its election, to file an action in interpleader requiring the principals to answer and litigate their several claims and rights among themselves; and Escrow Holder is authorized to deposit with the clerk of the court,all documents, instruments and funds held in escrow. In the event such action is filed,the principals jointly and severally agree to pay Escrow Holder's cancellation charges and costs, expenses and reasonable attorney's fees it is 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 filing of such action, Escrow Holder is thereupon fully released and discharged from all obligations to further perform any duties or obligations otherwise imposed by the terms of this escrow. 8. PERSONAL PROPERTY TAX Escrow Holder is not responsible for any personal property tax which may be assessed to any former owner of the property that is the subject of this escrow, nor for the corporation or license tax of any corporation as a former owner. No examination or insurance as to the amount of payment of personal taxes is required unless specifically requested. 9. LIMITATION ON DUTY TO INFORM It is agreed by the parties hereto, that so far as Escrow Holder's rights and liabilities are involved,the transaction is an escrow and not any other legal relation and Stewart Title of California, Inc, is an Escrow Holder only on the within expressed terms, and Escrow Holder shall have no responsibility for notifying any of the parties of this escrow of any sale, resale, loan, exchange or other transaction involving any property herein described or of the profit realized by any person, firm or corporation (broker, agent and parties to this and/or other escrow included), in connection therewith, regardless of the fact that such transaction(s) may be handled concurrently by Escrow Holder in this escrow or in another escrow. 10. LEGAL ADVICE The parties acknowledge and understand that Escrow Holder is not authorized to practice law, nor give financial advice. The parties arc hereby advised to seek legal and financial counsel and advice concerning the effect of these escrow instructions. The parties acknowledge that no representations are made by Escrow Holder about the legal sufficiency, legal consequences,financial effect or tax consequences of the within escrow instructions. It. DISCLOSURE OF CONDITIONS PRECEDENT The parties to this escrow, by execution thereof, acknowledge their duty to Escrow Holder of full disclosure of those matters, which shall effect the transfer of subject property and conditions of title (inclusive of real personal and intangible property, which matters may result in a lien against subject property). Disclosure shall include, but not limited to: water, stock, owners association or maintenance dues, contractual obligations not automatically terminated upon sale, notes,deeds of trust and vendors liens. 12. STATE/FEDERAL CODE NOTIFICATION According to Federal law, the Seller(s), when applicable, will be required to complete a 1099-5 Worksheet that will be utilized to generate a 1099 reporting statement to the Internal Revenue Service. You are released from and shall have no liability, obligations or responsibility with respect to (a) withholding of funds pursuant to Section 1445 of the Internal Revenue Code of 1984, "Foreign Investors in Real Property Act" (FTRPTA), as amended (b) advising of requirements, (c) detennining whether the seller is a foreign person, under such Section, or (d) obtaining a non-foreign affidavit or other exemption from withholding under such Section nor otherwise making any inquiry concerning compliance with such Section by any party to this transaction. IN ACCORDANCE WITH SECTION 18662 AND 18668 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD ANY AMOUNT EQUAL TO 3-1/3 PERCENT OF THE SALES PRICE IN THE CASE OF A DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST,BY EITHER: E ,m NwnLa 170741-Gmuul Provisions Page 2 of 5 1) A SELLER WI-I0 IS AN INDIVIDUAL OR DISBURSEMENT INSTRUCTIONS AUTHORIZED THE PROCEEDS TO BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR 2) A CORPORATE SELLER THAT HAS NO PERMANENT PLACE OF BUSINESS 1N CALIFORNIA, FOR FAILURE TO WITHHOLD, THE BUYER MAY BECOME SUBJECT TO PENALTY EQUAL TO THE GREATER OF 10 PERCENT OF TI•IE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS(S500.00). I•IOWEVER,NOTWITI•ISTANDING ANY OTI•IER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE,NO 13UYER WiLL BE RFQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: i) THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00),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, EXECUTES A WRITTEN CERTIFICATE UNDER THE PENALTY OF PERJURY, OF ANY OF T14E FOLLOWING: A) THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (WITI•IIN TI•IE MEANING OF SECTION 121 OF THE INTERNAL REVENUE CODE). B) THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS OR WILL BE EXCHANGED FOR PROPERTY OF LIKE KIND (WITHIN THE MEANING OF SECTION 1031 OF THE INTERNAL REVENUE CODE), BUT ONLY TO THE EXTENT OF THE AMOUNT OF GAIN NOT REQUIRED TO BE RECOGNIZED FOR CALIFORNIA INCOME TAX PURPOSES. C) TFIAT THE CALIFORNIA REAL PROPERTY HAS BEEN COMPULSORILY OR INVOLUNTARILY CONVERTED (WITHIN THE MEANING OF SECTION 1033 OF THE INTERNAL REVENUE CODE) AND THAT THE SELLER INTENDS TO ACQUIRE PROPERTY SIMILAR OR RELATED IN SERVICE OR USE SO AS TO BE ELIGIBLE FOR NONRECOGNITION OF GAIN FOR CALIFORNIA INCOME TAX PURPOSES. D) THAT THE CALIFORNIA REAL PROPERTY TRANSACTION WILL RESULT IN A LOSS 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. 13. NO ACTIVITY If there is no written activity by a principal to this escrow within any six-month period after the time limit date as set forth, in the escrow instructions or written extension thereof, Escrow Holder's obligation shall terminate at Escrow Holder's option. All documents, monies or other items deposited with Escrow Holder shall be returned to the respective parties entitled thereto, less fees and charges herein provided. 14. CAPTIONS AND COUNTERPARTS Captions in these escrow instructions are inserted for convenience of reference only and do not define, describe or limit the scope of the intent of these instructions or any of the terms hereof. These instructions may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and said counterparts together shall constitute one and the same instrument. 15. BINDING All terms of these escrow instructions shall be binding upon, inure to the benefit and be enforceable by the parties hereto and there respective legal representatives, successors and assigns In the event any term, covenant, condition, provision or agreement herein contained is hold to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term,covenant,condition,provision or agreement herein contained. 16. USURY Escrow Holder is not to be concerned with any question of usury in any loan or encumbrance involved in the processing of this escrow and is hereby released of any liability or responsibility therefore. 17. CONFLICTING DEMANDS/1NTERPLEADER No notice, demand or change of instructions shall be of any effect in this escrow unless given in writing by all parties affected thereby. If conflicting demands are made in connection with this escrow, Escrow Holder shall have the absolute r4lit to either withhold and E¢iow Nu ou 170711-GenuW Pin%9ons Page 3 of 5 stop all proceedings, or file suit in the interpleader and obtain an order ITom the court requiring the parties to interplead their several claims and rights amongst themselves. 18. FACSIMILE AND ELECTRONIC MAIL All parties acknowledge that documents and instructions may be transmitted via facsimile(FAX)and/or electronic mail(e-mail). In the event the principals of this transaction,their agents, or assigns,utilize "facsimile (FAX)"transmitted instructions,Escrow Holder may rely and act upon such instructions in the same manner as if original signed instructions were in the possession of Escrow Holder, 19. DISCRETIONARY TERMINATION At the sole discretion of Escrow Holder, Escrow Holder may elect to terminate its escrow relationship with the principals to the escrow. Funds and documents will be returned upon mutual instructions of the appropriate parties. 20. PURCHASE AGREEMENT If any form of Purchase agreement or amendment or supplement (collectively"Purchase Agreement") is deposited to this escrow, it is understood that such document shall be effective only as between the parties signing the Purchase Agreement. Escrow Holder's only duty is to comply with the instructions set forth in the escrow instructions and shall not be responsible for interpreting or acting on any provision of any Purchase Agreement on which these escrow instructions may be based. Escrow Holder shall not rely on any knowledge or understanding Escrow Holder may have of any such Purchase Agreement in ascertaining or performing the duties of Escrow Holder. In connection with any loan transaction,Escrow Holder is authorized to deliver a copy of any purchase agreement and a copy of all escrow instructions,supplements or amendments to the Lender. 21. ENVIRONMENTAL DISCLOSURE Notwithstanding any actual or other knowledge on the part of Escrow Bolder,the parties agree to release Escrow Holder from any and all liability of any ]rind or nature and to indemnify Escrow Holder of any loss, damages, claims,judgments or costs of any kind or nature resulting from or related to the release or discharge of hazardous or toxic wastes on the subject property whether it occurred in the past or present or may occur in the future which release or discharge is in violation of law, in excess of any state and federal standards, permit requirements and/or disclosure requirements existing at this time or which may exist at a future time. The parties represent that they made their own assessment of the condition of the subject property and have not relied on any of your representations in making the assessment. The parties are advised to seek independent legal and technical environmental expert advice in assessing the risks associated with potential hazardous or toxic wastes. 22. ADDITIONAL DOCUMENTS HANDED TO ESCROW HOLDER Parties agree to hand Escrow Bolder applicable documentation to establish their authority to act. Those documents may include, but shall not be limited to the following: 1) If an individual: Statement of Information 2) If a corporation: A Corporate resolution signed by the Secretary of the Corporation, authorizing the acquisition, encumbrancing (if applicable), or sale of the subject property, and designating the authorized signatories on behalf of the corporation, together with a copy of the Articles of incorporation&By-Laws. 3) If a Trust: copy of the Trust Agreement, any amendments thereto and/or a Certificate of Trust. 4) if a General Partnership: An original Statement of Partnership, in recordable form (if not already recorded)to be recorded in the County in which the subject property is located. A copy of the partnership agreement is also requested. 5) If a Limited Partnership: The LP-I form, certified by the Secretary of State to record (if not already recorded) in the county in which the subject property is located. A copy of the partnership agreement is also requested. 6) Jf a Joint Venture: The requirements specified 1,2, and 3 herein will be applicable as it relates to the entities which comprise the Joint Venture. 7) if a Limited Liability Company (LLC): The LLCI certified by the Secretary of State to record (if not already recorded) in the county in which the subject property is located. The LLCI must reflect an expiration date. One person must be named on the LLCI as managing the LLC,or all members must sign. A copy of the operating agreement is required. The parties further acknowledge that in the event the partners of a partnership are individuals, it may be required that each such partner submit a completed and executed Statement of Information. If the Principals have any questions regarding the disposition of Unclaimed Funds, in excess of S50.00, the Principals should contact the Controller or successor agency for the State of California. 23. DESTRUCTION OF RECORDS E,..N..M, 170741•Gems] Page 4 of 5 Escrow Bolder is authorized to destroy or otherwise dispose of any and all documents, papers, instructions, correspondence and other materials pertaining to this escrow at the expiration of seven(7)years from the close of escrow or cancellation thereof. 24. GOOD FUNDS California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed. Stewart Title of California, Inc.shall not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. If any check submitted is dishonored upon presentment for payment,you are authorized to notify all principals and/or their respective agents of such nonpayment. 25. CHANGE 1N OWNERSHIP REPORT All parties are aware that a "Preliminary Change in Ownership Form" is to be filed with the office of the County Assessor upon recordation of all transfer documents involving real property. As an accommodation only, Escrow Holder shall provide necessary forms to the purchaser herein and in the event the completed form is deposited into escrow prior to close,Escrow Holder shall deliver same to County Assessor concurrently with recordation of the documents being recorded in this transaction. 26. APPLICATION OF PAYOFF FUNDS Should a check or wire be deemed unacceptable by lenders, creditors, lien holders or beneficiaries of Deeds of Trust,Escrow Holder is authorized to act on our behalf in requesting the funds, as well as any balance in an impound account, be applied towards the balance due. 27. INDEMNITY FOR ATTORNEY'S FEES AND COSTS In the event suit is brought by any party or parties to this escrow, including Stewart Title of California, Inc., as against each other or others, including, Stewart Title of California, Inc. which results in a dismissal of or judgment in favor of Stewart Title of California, Inc., the parties hereto agree to hold harmless, reimburse and indemnify Stewart Title of California, Inc., its officers and employees, from any loss,expenses,costs and attorney's fees incurred. THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE BENEPIT OF, AND BINDS ALL PARTIES HERETO, THEIR HEIRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE CONTEXT SO REQUIRES TI•IE 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 SI•IALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCI•I. MY/OUR TNTTTAT.(S)HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS CONTAINED IN TIIIS AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT I/WE HAVE READ AND UNDERSTAND THESE GL^"NERAL PROVISIONS. TNTTT �i7X iy,fI Epow N1 Ime 1704t-wlwd PeaIalo,iN Page 5 of 5 Stewart Title Guaranty Company Privacy Policy Notice PURPOSE Or THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our tiles, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffrliates third parties permitted by law. We also may disclose this information about our customers or former customers to the following types of non affiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Stewart Title of California, Inc. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Granu n-Leach-B li ley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with nonaffiliated third party unless the institution Provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title of California, Inc. We may collect nonpublic personal information about you from the following sources: • Information we receive fi-om you, such as on applications or other forms. • information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliates third parties permitted by law. We also may disclose this information about our customers or former customers to the following types of non affiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED AY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. I 1. P 001rpGe �--r tmerri PI ci,e lS ` proles Noll- Eta Cvmm to Appraisals complete,2108 I-1011NDIAN INTERCHANGE PP.OPERTYINFORMATION PropID APN _ _ "er _ _ __ _ Escrcw Closed Stipulete_d Oei_ault _ TCE Only 13805 565-060-004.569-060-005 559-060- Robert VV.Miner 008,565.050.D18,655230.008 13869 565-370-005 Scnika LLo 13870 666-3SO.039 Foy,Oil CGmp,ny 13271 Gae-330.050 All,.E liam 13872 655�330-054 m-SIX Pemest 11 Suslness Tru,t 13873 566-330-084 Jason G.Wilson 13729 565-330-053,666-330-060,666-WO- 110 Garncl Partnommp(1906) 061,868 330-063,856-330A56,666- `f 330-069 666-330-070,666-330.071 /1 %E,330.072 13800 665.95o,001,565-330=052 Pilot Travel Vontum& Cti 15201 6SG-VO-023 Henry O6vler 13802 666-370-025 Chang Family Panniers 13004 669-000.019 Victoria Land Par(ner Imes 569-091-017,655-091-018 Palm spring&ls3 ners 13981 566370400 Tnillna 6alacuriya and Monlsha deynwnrdmrn IsZ 13082 560-033-011 Robert W.Mincr,Tmslee 13987 5GG-330-oSO,66G-30-p47 Palm Spnn9s Freeway)wcl,pm¢nl 15 peu(,_rYs in enp::Project N1,1nL�a rv,Anu130 20Ce .094 1 al I 1� CITY OF PALM SPRINGS OFFER TO PURCHASE i I PROJECT: 1/10—Indian Avenue Interchange PARCEL: 20553-1 APN: 666-330-064 j I OWNER: JASON G.WILSON AND KRISTINE L.WILSON The CITY OF PALM SPRINGS hereby makes you an offer of Thirty Five Thousand Five Hundred Ten Dollars and 00/100 ($35,510) as the purchase price for a portion of the land known as Assessor's Parcel Numbers 666-330-064, identified as Parcel 20553-1. You are not required to vacate your property until payment of the purchase price has been made available to you. Your signature on the Offer to Purchase is strictly for the purpose of verification that such an offer has been made. The previously sent pamphlet explains your rights as a property owner. THIS IS NOT A CONTRACT TO PURCHASE, BUT MERELY AN OFFER TO PURCHASE FOR THE AMOUNT INDICATED ABOVE, 4 WHICH IS SUBJECT TO THE CITY COUNCIL'S APPROVAL. k Dated: �\LI°�JQ By: David H. Rea anager Received a copy of the above offer this day of 20 pp E F APPROVED UY CITY COUNCIL ' ? By: V=-j JA O G.WfCoKbN By: KRISTI E L, WILSON i CO:jw10/07108 r 7 001 PG 12.1 G5 •�. _ � ;. ROW: 1-10 and Indian Interchange '; I Previously mailed to you was a copy of"Information Brochure Regarding Your Rights under the f Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970". E STATEMENT OF OWNER(S) I/WeCfhey have been informed of my/our/their rights 1 under Public Law 91-646 and State Slalutes- (Initials) I/We/They have read and understand the Statement of Just Compensation. (Initials) There are persons living on the property. Yes No V, _ } 1 There arc businesses being conducted on the property by others. Yes No The following are living or are conducting business on the property(including owner if in occupancy): Give name and address" [ I Signatures on this form do not constitute agreement on value, but only serve to indicate receipt of the form. Signature by owner(s) regarding relocation assistance information does not ; in any way obligate owner(s), but only serves to provide the agency with information for relocation planning. Dated: 8y: David H. Read onager Received a copy of the above offer this day of By: N)PRC'JCd F CITY COUNCIL J S N G. WIL`S`O,N� 1 �G�� By: 1' , TU\-o a— KRISTINE L. WILSON cojw r, 10/07/08 Ap 001PG 12-259 /!�/C•OPT ROW:1-10 and Indian Interchange �r f f ' f Right-of-Way Agreement for Acquisition of Real Property and Escrow Ins'irucfiens I IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. BUYER SELLER r CITY OF PALM SPRINGS, a municipal corporation, By: f David H. Ready--,--'-- Name: JA5 N G. WILSON City Manager Attest: d By: n �� Name: KRISTINE L.WILSON y sThompson lerk A,roved as to form by: Af'NRVYED BY Cfi f COUNCIL WOOD L-!f'I SP 75& MART U Douglass C. Ho 'nd, sq. tyl/A crney F I i Exhibit List Exhibit A Legal Description of the Property Exhibit B - Depiction of Property Exhibit C - Form of Grant Deed Exhibit D -- Form of Certificate of Acceptance Exhibit E --Affidavit of Non-foreign Taxpayer Status Exhibit F -- Definition of Hazardous Substances co:iW 10107/0$ 12.259 1 ROW: 1-10 and Indian Interchange Project: 1-10 and Indian Avenue Interchange Project No.: 001 PG APN: 666-330-064 Parcel No.: 20553-1 RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS THIS RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS (the "Agreement") is made and entered into as of , 20 , by and between the CITY OF PALM SPRINGS, a municipal corporation ("Buyer") and JASON G. WILSON AND KRISTINE L. WILSON ("Seller"), with reference to the following facts: RECITALS A. Seller is the owner of certain real property comprised of approximately 2,959 square feet, located in the City of Palm Springs (the "City"), the County of Riverside (the "County"), State of California (the "State"), designated by CalTrans 20553-1, which is a portion of Assessor's Parcel No.666-330-064, more particularly described on Exhibit A attached hereto (the "Property"). B. Seller desires to convey to Buyer and Buyer desires to acquire from Seller the Property, in accordance with the terms and conditions contained in this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by Seller, Buyer and Seller hereby agree as follows: AGREEMENT 1. PURCHASE AND SALE. 1.1. Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to acquire and purchase from Seller, the Property. As used herein the "Property" shall include the real property identified on Exhibit A and all of Seller's right, title and interest in and to any and all entitlements, tenements, hereditaments, easements, easement rights, rights to half-widths of all adjacent public streets and public rights of way, mineral rights, oil and gas rights, water, water rights, air rights, development rights and privileges appurtenant thereto and all improvements located thereon. 1.2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be Thirty Five Thousand Five Hundred Ten Dollars and 00/100 ($35,510) payable as cash at closing. ROW: 1-10 and Indian Interchange Right-of-Way Agroomant for Acquisition of Rcal Property and Escrow Inslrudions 2, ESCROW AND CLOSING. 2.1. Opening of Escrow. Within fourteen (14) business days after execution of this Agreement by the last of Seller or Buyer, Buyer shall open an escrow (the "Escrow") with Stewart Title, at the address set forth in Section 7.12 ("Escrow Holder"), by depositing with Escrow Holder this Agreement fully executed, or executed counterparts hereof, The date this fully executed Agreement is signed and accepted by Escrow Holder on the last page hereof shall be deemed the "Opening of Escrow" and Escrow Holder shall advise Buyer and Seller of such date in writing. The escrow instructions shall Incorporate this Agreement as part thereof and shall contain such other standard and usual provisions as may be required by Escrow Holder, provided, however, that no escrow instructions shall modify or amend any provision of this Agreement, unless expressly set forth in writing by mutual consent of Buyer and Seller In the event there is a conflict between any such standard or usual provisions and the provisions of this Agreement, the provisions of this Agreement shall control. 2.2. Escrow Fees and Other Charges. At the Close of Escrow, Buyer agrees to pay all of Seller's and Buyer's usual fees, charges and costs incidental to the conveyance of the Property which arise in this Escrow. 2.3, Closing Date:_Conditions Precedent to Close of Escrow. Provided all of the conditions precedent set forth in this Section 2.3 have been satisfied (or are in a position to be satisfied concurrently with the Close of Escrow), the Close of Escrow shall occur on or before April 30, 2009 (the "Closing Date"). As used in this Agreement, the "Close of Escrow" shall mean the date a Grant Deed, as provided in Section 2.4.2(a) hereof ("Grant Deed"), Is recorded In the Official Records of the County. 23.1 Conditions to Buyer's Obligations. The Close of Escrow and Buyer's obligation to purchase the Property are subject to the satisfaction of the following conditions or Buyer's written waiver of such conditions on or before the Closing Date. Buyer may waive in writing any or all of such conditions In its sole and absolute discretion. (a) The Purchase Price shall have been determined in accordance with Section 1.2, (b) Seller shall have performed all obligations to be performed by Seller pursuant to this Agreement; (c) No event or, circumstance shall have occurred which would make any of Seller's representations, warranties and covenants set forth herein untrue as of the Close of Escrow; (d) There shall have occurred no material adverse change in the physical condition of the Property (such as those caused by natural disasters) which would render the Property unsuitable for Buyer's Intended use or which would materially Increase the cost or cause a material delay in the schedule for the development of the Property; and ROW:1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions (e) The Title Company shall be committed to issue to Buyer, as of the Closing Date, the Title Policy (defined below) covering the Property, subject only to the Permitted Exceptions; and 2.32 Conditions to Seller's Obligations. The Close of Escrow and Seller's obligation to sell and convey the Property are subject to the satisfaction of the following conditions or Seller's written waiver of such conditions on or before the Closing Date. Seller may waive in writing any or all of such conditions as a condition to the Close of Escrow in its sole and absolute discretion. (a) The Purchase Price shall have been determined in accordance with Section 1.2; (b) Buyer shall have performed all obligations to be performed by Buyer pursuant to this Agreement; and (c) No event or circumstance shall have occurred which would make any of Buyer's representations, warranties and covenants set forth herein untrue as of the Close of Escrow. 2.3.3 Waiver of a Condition Does Not Excuse Performance. If any condition precedent to the Close of Escrow is expressly waived, in writing, as a condition to the Close of Escrow by the party for whose benefit such condition exists, then, to the extent such condition is capable of being satisfied following the Close of Escrow, such condition shall become a condition subsequent to the Close of Escrow and shall be satisfied by the party whose performance is required to satisfy such condition as soon as reasonably possible following the Close of Escrow, 2A. Closing Documents. The parties shall deposit the following with Escrow Holder prior to the Close of Escrow: 2.4.1 Buyer's Deposits. Buyer shall deposit: (a) The Purchase Price together with Buyer's escrow and other cash charges; and (b) A Certificate of Acceptance for the Grant Deed in the form of Exhibit D. 2.4.2 Seller's Deposits. Seller shall deposit: (a) The Grant Deed in the form of Exhibit C attached hereto, the Property subject only to the Permitted Exceptions (defined below); (b) Subject to Section 2.5.1 below, an executed Affidavit of Non-foreign Status in the form of Exhibit E attached hereto and such other documentation necessary to exempt Seller from the withholding requirements of Section ROW: 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder; and (c) Subject to Section 2.5.1 below, a Withholding Exemption Certificate Form 593 as contemplated by California Revenue and Taxation Code §18662 (the "Withholding Affidavit") duly executed by Seller. 2.4.3 Deposits of Additional Instruments. Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to proceed to the Close of Escrow and consummate the sale of the Property in accordance with the terms of this Agreement. 2.5. CIS. 2.5.1 Withholding. In the event that, pursuant to Section 2.4.2(b) above, Seller fails to deposit with Escrow Holder the executed Affidavit of Non-foreign Taxpayer Status which exempts Seller from the withholding requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder, Seller hereby authorizes Escrow Holder to withhold ten percent (10%) of the Purchase Price of the Property less any applicable closing costs and to report and transmit the withheld amount to the Internal Revenue Service. Additionally, in the event that, pursuant to Section 2.4.2(c) above, Seller fails to deposit with Escrow Holder any applicable tax document which exempts Buyer from California withholding requirements, if any, Seller hereby authorizes Escrow Holder to withhold such additional percentage of the Purchase Price of the Property as is required by California law, and Escrow Holder shall report and transmit the withheld amount in the manner required by California law. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be responsible for all withholding obligations imposed pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder and under any similar provisions of California law, and shall defend, indemnify and hold Buyer harmless in connection with such obligations. 2.5.2 Necessary Actions of Escrow Holder. On the Close of Escrow, Escrow Holder shall: (i) record the Grant Deed in the Office of the County Recorder of the County, (ii) pay any transfer taxes, (iii) instruct the County Recorder to return the Grant Deed to Buyer, (iv) distribute to Seller the Purchase Price, and (v) deliver to Buyer the Title Policy covering the Property subject only to the Permitted Exceptions, the Affidavit of Non-foreign Status and the applicable California withholding exemption form, if any. 2.5.3 Taxes and Assessments. Real property taxes and assessments shall be prorated as of the Close of Escrow on the basis of the most recent tax information and such proration shall be final. Said prorations shall be based on a three hundred sixty-five (365) day year. ROW: 1-10 and Indian Interchange Right-of-Way Agreement for Acgwsibon of Real Property and Escrow Instructions 2.5.4 Title and Possession. Upon the Close of Escrow, title to and exclusive possession of the Property shall be conveyed to Buyer, subject only to the Permitted Exceptions. 2.6, Failure to Close; Termination. 2.6.1 Neither Party in Default. In the event that any condition set forth in Section 2.3 is not satisfied or waived, in writing, and the Close of Escrow does not occur within the time required herein due to the failure of such condition or the Close of Escrow does not occur within the time frame required herein for any reason other than Seller's or Buyer's breach of or default of its respective obligations hereunder, or if this Agreement is terminated without default by either party as otherwise set forth herein, then Escrow Holder, with no further instructions from the parties hereto, shall return to the depositor thereof any funds, or other materials previously delivered to Escrow Holder, the Escrow shall be automatically terminated and of no force and effect, Buyer shall pay any Escrow termination fees, and except as otherwise provided herein the parties will have no further obligation to one another. 3. ACTIONS PENDING CLOSING. 3.1. Title Review. 3.1.1 Title Report. Within three (3) business days after the Opening of Escrow, Orange Coast Title (the "Title Company') will furnish Buyer with an updated Title Commitment on the Property together with legible copies of all documents referenced therein as exceptions to title and a plot plan for the Property showing all the locations of all easements referenced therein (collectively, the "Title Commitment"). 3.1.2 Title Notices. Buyer shall have ten (10) business days after its actual receipt of the Title Commitment to deliver to Escrow Holder written notice (the "Preliminary Title Notice") of Buyer's approval, conditional approval or disapproval of the title matters disclosed in the Title Commitment. All matters not timely approved by Buyer will be deemed disapproved. All such exceptions disapproved by Buyer are referred to herein as "Disapproved Exceptions". 3.1.3 Permitted Exceptions. "Permitted Exceptions" shall mean all exceptions appearing on the Title Commitment which are: (i) standard printed exceptions in the Title Policy issued by Title Company; (ii) general and special real property taxes and assessments, a lien not yet due and payable; and (iii) any other liens, easements, encumbrances, covenants, conditions and restrictions of record approved, or expressly waived by Buyer pursuant to this Section 3.1. 3.2. Title Policy. Buyer's obligation to proceed to the Close of Escrow shall be conditioned upon the commitment by Title Company to issue an ALTA Standard Coverage Owner's Policy of Title Insurance (the "Standard Coverage Policy"), showing title to the Property vested in Buyer with liability equal to the Purchase Price, subject only to the Permitted Exceptions. At Buyer's option, Buyer may require an ALTA Extended Coverage Owner's Policy instead of the Standard Coverage Policy provided ROW: 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions that Buyer pays any additional premium on account thereof. The form of title policy selected by Buyer shall be referred to herein as the "Title Policy". 3.3. Possession and Use. It is mutually understood and agreed by and between the parties hereto that the right of possession and use of the Property by the Buyer, including the right to remove and dispose of improvements, shall commence upon the execution of this Agreement by Seller. The Purchase Price includes, but is not limited to, full payment for such possession and use. 3.4. Seller's Covenant Not to Further Encumber the Property. Seller shall not, directly or indirectly, alienate, encumber, transfer, option, lease, assign, sell, transfer or convey its interest or any portion of its interest in the Property, or any portion thereof, or enter into any agreement to do so, so long as this Agreement is in force. Seller shall timely discharge, prior to the Closing, any and all obligations relating to work performed on or conducted at or materials delivered to or for the Property from time to time by Seller, or at Seller's direction or on its behalf, in order to prevent the filing of any claim or mechanic's lien with respect to such work or materials. 3.5. Loss or Damage to Improvements. Loss or damage to the Property, including any improvements thereon, by fire or other casualty, occurring prior to the recordation of the Grant Deed shall be at the risk of Seller. In the event that loss or damage to the Property, or any improvements thereon, by fire or other casualty, occurs prior to the recordation of the Grant Deed, City may elect to require that the Seller pay to Buyer the proceeds of any insurance police or policies which may become payable to Seller by reason thereof, or to permit such proceeds to be used for the restoration of the damage done, or to reduce the Purchase Price by an amount equal to the diminution in value of the Property by reason of such loss or damage or the amount of insurance payable to Seller, whichever is greater. 4. REPRESENTATIONS, WARRANTIES AND COVENANTS. 4.1. Seller's Representations. Warranties and Covenants. In addition to the representations, warranties and covenants of Seller contained in other sections of this Agreement, Seller hereby represents, warrants and covenants to Buyer as follows, all of which shall survive the Close of Escrow: 4.1.1 Seller's Authority. Seller is the sole owner in fee simple absolute of the Property and has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. Seller has not alienated, encumbered, transferred, leased, assigned or otherwise conveyed its interest in the Property or any portion thereof except as set forth in the Title Commitment, nor entered into any Agreement to do so, nor shall Seller do so during the term of this Agreement. The entering into and performance by Seller of the transactions contemplated by this Agreement will not violate or breach any other agreement, covenant or obligation binding on Seller, and there is no consent required from any third party before the Property may be conveyed to Buyer. This Agreement has been duly authorized and ROW: 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions executed by Seller, and upon delivery to and execution by Buyer shall be a valid and binding agreement of Seller. 4.1.2 Hazardous Substances. Neither Seller nor any third party has used, generated, manufactured, stored or disposed any Hazardous Substances in, at, on, under or about the Property or transported any Hazardous Substance to or from the Property. Additionally, (a) the Property is not in violation, nor has been or is currently under investigation for violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene, worker health and safety, or to the environmental conditions in, at, on, under or about the Property including, but not limited to, soil or groundwater conditions; (b) the Property has not been subject to, and is not within 2,000 feet of, a deposit of any Hazardous Substance; (c) there has been no discharge, migration or release of any Hazardous Substance from, into, on, under or about the Property; (d) there is not now, nor has there ever been on or in the Property underground storage tanks or surface impoundments, any asbestos-containing materials or any polychlorinated biphenyls used in hydraulic oils, electrical transformers or other equipment, and (e) there is not now, nor has there ever been, debris or refuse buried in or under the Property which would adversely affect the development of the Property. Seller hereby assigns to Buyer as of the Close of Escrow all claims, counterclaims, defenses or actions, whether at common law, or pursuant to any other applicable federal or state or other laws which Seller may have against any third parties relating to the existence of any Hazardous Substance in, at, on, under or about the Property. As used in this Agreement, the term "Hazardous Substances" shall have the meaning set forth on Exhibit F aftacied hereto. A` any time prior the rL u ais i Escrow, Buyer shall have the right to conduct appropriate tests of water and soil to ascertain the presence of any Hazardous Substances on, in, under and about the Property. 4.1.3 Endangered Species. To Seller's knowledge, there are no endangered species or protected natural habitat, flora or fauna located on the Property, nor is any portion of the Property located in what is or may be designated as a wetland. 4.1.4 Mechanic's Liens. There are no mechanics', material men's or other claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement or relating to the environmental condition of the Property. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges and fees, including without limitation attorneys' fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. 4.1.5 Leases/Easements. There are no leases, rental agreements or other such contracts of any kind or nature affecting possession or occupancy of the Property, and Seller shall not enter into any such contracts during the term of this Agreement without the prior consent of Buyer. ROW: 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions 4.1.6 Other Facts and Circumstances. There are no other facts or circumstances known to Seller that would preclude, prevent or impair the development of the Property. 4.1.7 No Untrue Statements or Omissions of Fact. Neither this Agreement, nor any of the exhibits hereto, nor any document, certificate, or statement referred to herein or furnished to Buyer in connection with the transaction contemplated herein (whether delivered prior to, simultaneously with, or subsequent to the execution of this Agreement) contains any untrue statement of material fact or, omits to state a material fact in any way concerning the Property, or otherwise affecting or concerning the transaction contemplated hereby. Each of the representations and warranties made by Seller in this Agreement, or in any exhibit, or on any document or instrument delivered pursuant hereto shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement, are conditions precedent to the Close of Escrow. Seller shall immediately notify Buyer of any fact or circumstance which becomes known to Seller which would make any of the foregoing representations or warranties untrue. 4.2. Buver's Representations and Warranties. Buyer represents and warrants to Seller as follows, all of which shall survive the Close of Escrow: 4.2.1 Bier's Authority. Buyer has the capacity and full power and authority to enter into and carry out the agreements contained in, and the transactions contemplated by, this Agreement, and that this Agreement has been duly authorized and executed by Buyer and, upon delivery to and execution by Seller, shall be a valid and binding Agreement of Buyer. 4.2.2 No Untrue Statements or Omissions of Fact. Neither this Agreement, nor any of the exhibits hereto, nor any document, certificate, or statement referred to herein or furnished to Seller in connection with the transaction contemplated herein (whether delivered prior to, simultaneously with, or subsequent to the execution of this Agreement) contains any untrue statement of material fact or, omits to state a material fact in any way concerning the Property, or otherwise affecting or concerning the transaction contemplated hereby. Each of the representations and warranties made by Buyer in this Agreement, or in any exhibit or on any document or instrument delivered pursuant hereto, shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow, and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement, are conditions precedent to the Close ROW: I-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions of Escrow. Buyer shall notify Seller immediately of any facts or circumstances which are contrary to the foregoing representations and warranties contained in this Section 4.2. 4.3. Mutual Indemnity. Seller and Buyer shall defend, indemnify and hold free and harmless the other from and against any losses, damages, costs and expenses (including attorneys' fees) resulting from any inaccuracy in or breach of any representation or warranty of the indemnifying party or any breach or default by such indemnifying party under any of such indemnifying party's covenants or agreements contained in this Agreement. 5. CONDEMNATION. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation, and Seller hereby agrees and consents to the dismissal or abandonment of any eminent domain action in the Superior Court of the State of California in and for the County of Riverside, wherein the herein described property is included and also waives any and all claims to any money on deposit in the action and further waives all attorneys' fees, costs, disbursements, and expenses incurred in connection therewith. If, prior to the close of the execution of this transaction, Seller (or Seller's Tenant) is served with a Summons and Complaint in Eminent Domain in which Seller (or Seller's Tenant) is a named defendant, upon the close of escrow, Seller agrees and consents to Buyer taking a default in the action. Moreover, the total compensation to be paid by Buyer to Seller is for all of Seller's interest in the Property and any rights which exist or may arise out of the acquisition of the Property for public purposes, including without limitation, Seller's interest in the land and any improvements and fixtures and equipment located thereon, improvements pertaining to the realty (if any), severance damages, any alleged pre-condemnation damages, loss of business goodwill (if any), costs, interest, attorney's fees, and any claim whatsoever of Seller which might arise out of or relate in any respect to the acquisition of the Property by the Buyer. The compensation paid under this Agreement does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which Seller may be entitled to receive, if any. Relocation assistance, if any, will be handled via separate Agreement. 6. BROKERS. Seller and Buyer each represents and warrants to the other that they have not dealt with or been represented by any brokers or finders in connection with the purchase and sale of the Property and that no commissions or finder's fees are payable in connection with this transaction. Buyer and Seller each agree to indemnify and hold harmless the other against any loss, liability, damage, cost, claim or expense (including reasonable attorneys' fees) incurred by reason of breach of the foregoing representation by the indemnifying party. Notwithstanding anything to the contrary contained herein, the representations, warranties, indemnities and agreements contained in this Section 6 shall survive the Close of Escrow or earlier termination of this Agreement. 7. GENERAL PROVISIONS. ROW: 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions 7.1. Counterparts: Facsimile Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument and any executed counterpart may be delivered by facsimile transmission with the same effect as if an originally executed counterpart had been delivered. 7.2. Further Assurances. Each of the parties agrees to execute and deliver such other instruments and perform such acts, in addition to the matters herein specified, as may be appropriate or necessary to effectuate the agreements of the parties, whether the same occurs before or after the Close of Escrow. 7.3. Entire Agreement. This Agreement, together with all exhibits hereto and documents referred to herein, if any, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede all prior understandings or agreements. This Agreement may be modified only by a writing signed by both parties. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement whether or not actually attached. 7.4. Headings. Headings used in this Agreement are for convenience of reference only and are not intended to govern, limit, or aide in the construction of any term or provision hereof. 7.5. Choice of Law. This Agreement and each and every related document are to be governed by, and construed in accordance with, the laws of the State of California. 7.6. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or rendered by the adoption of a statute by the State of California or the United States invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby; provided that the invalidity or unenforceability of such provision does not materially adversely affect the benefits accruing to, or the obligations imposed upon, any party hereunder, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 7.7. Waiver of Covenants. Conditions or Remedies. The waiver by one party of the performance of any covenant, condition or promise, or of the time for performing any act, under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition or promise, or of the time for performing any other act required, under this Agreement. The exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law, and the provisions of this Agreement for any remedy shall not exclude any other remedies unless they are expressly excluded. ROW: 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions 7.8. Legal Advice. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question. 7.9. Relationship of Parties. The parties agree that their relationship is that of Seller and Buyer, and that nothing contained herein shall constitute either party, the agent or legal representative of the other for any purpose whatsoever, nor shall this Agreement be deemed to create any form of business organization between the parties hereto, nor is either party granted the right or authority to assume or create any obligation or responsibility on behalf of the other party, nor shall either party be in any way liable for any debt of the other. 7.10. Attorneys' Fees. In the event that any party hereto institutes an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of, this Agreement, or the transactions contemplated hereby, or in the event any party is in default of its obligations pursuant thereto, whether or not suit is filed or prosecuted to final judgment, the non-defaulting party or prevailing party shall be entitled to its actual attorneys' fees and to any court costs incurred, in addition to any other damages or relief awarded. 7.11. Assignment. Neither Seller nor Buyer shall assign its rights or delegate its obligations hereunder without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement. 7.12. Notices. No notice, request, demand, instruction, or other document to be given hereunder to any Party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon such delivery), delivered by air courier next- day delivery (e.g. Federal Express), delivered by mail, sent by registered or certified mail, return receipt requested, or sent via telecopier, as follows: If to Buyer, to: Attn: James Thompson City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Facsimile No.: (760) 322-8332 Telephone No.: (760) 323-8204 ROW: 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions With a copy to: Attn: James Force Right-of-Way Acquisition Agent County of Riverside 3133 Mission Inn Avenue Riverside, CA 92507 Facsimile No., (951) 955-4837 Telephone No.: (951) 955-4822 If to Seller, to: Attn: Jason and Kristine Wilson P.O. Box 108 Big Bear Lake, CA 92315 Facsimile No.. Telephone No-: (760) 777-2284 With a copy to: Attn: Kristine-Wilson 48-250 Opal Dr, Palm Desert, CA 92260 Facsimile No.: Telephone No.: (760) 636-8040 If to Escrow Holder, to: Attn: Grace Kim Stewart Title 2010 Main St., Suite 220 Irvine, CA 92614 Facsimile No.: (714) 242-9886 Telephone No.: (949) 224-8606 Notices delivered by air courier shall be deemed to have been given the next business day after deposit with the courier and notices mailed shall be deemed to have been given on the second day following deposit of same in any United States Post Office mailbox in the state to which the notice is addressed or on the third day following deposit in any such post office box other than in the state to which the notice is addressed, postage prepaid, addressed as set forth above. Notices sent via telecopy shall be deemed delivered the same business day transmitted. The addresses, addressees, and telecopy numbers for the purpose of this Paragraph, may be changed by giving written notice of such change in the manner herein provided for giving notice. Unless and until such written notice of change is received, the last address, addressee, and telecopy number stated by written notice, or provided herein if no such written notice of change has been received, shall be deemed to continue in effect for all purposes hereunder. Delivery of a copy of a notice as set forth above is as an accommodation only and is not required to effectuate notice hereunder. 7.13, Survivability- All covenants of Buyer or Seller which are intended hereunder to be performed to whole or in part after Close of Escrow and all representations, warranties, and indemnities by either Party to the other, shall survive ROW. 1-10 and ncian Inlerchangr Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions Close of Escrow and delivery of the Deed, and be binding upon and inure to the benefit of the respective Parties. 7.14. Release. The total compensation to be paid by Buyer for the Property is the Purchase Price, which consideration covers all land and improvements, attached or detached furniture, fixtures and equipment, loss of business goodwill, and is the full and complete acquisition cost of the Property. Buyer is in compliance with the California Relocation Assistance and Real Property Acquisition statutes and guidelines and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs. Except for any breach of terms or conditions contained in this Agreement, Seller waives and forever releases Buyer, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on Buyer's behalf, of and from any and all claims, demands, actions or causes of action, obligations, liabilities, or claims for further compensation, known or unknown, based upon or relating to the facts or allegations and circumstances arising from Buyer's acquisition of the Property. By such release, Seller expressly waives its rights, if any, under California Civil Code Section 1542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HIS SETTLEMENT .A.ITH THE DEBTOR." e er's Initials 7.15 City Council Approval of,Agreement. This Agreement is subject to the approval of the Buyer's City Council. If this Agreement remains unapproved by the Buyer's City Council then the parties will have no further obligation under this Agreement. [SIGNATURE PAGE FOLLOWS] ROW: 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Inslruchons IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. BUYER SELLER CITY OF PALM SPRINGS, a municipal corporation, By: David H. Ready Name: JAS N G. WILSON City Manager Attest: - By: _- Name: KR18TIW L. WILS N J mes Thompson - City Clerk Approved as to form by: APPROVED BY CITY COUNCIL WOO U- F, SPRADLI & SMART Dougl s . Holland, Esq. City Attorney Exhibit List Exhibit A -- Legal Description of the Property Exhibit B Depiction of Property Exhibit C Form of Grant Deed Exhibit D -- Form of Certificate of Acceptance Exhibit E Affidavit of Non-foreign Taxpayer Status Exhibit F Definition of Hazardous Substances CO:jw 10107ro5 12.259 ROW: 1.10 and Indian Interchange Right-of-Way Agrooment for Acquisition of Real Property and Escrow Instructions ACCEPTANCE BY ESCROW HOLDER: Stewart Title hereby acknowledges that it has received a fully executed counterpart of the foregoing Right-of-Way Agreement for Acquisition of Real property and Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and by responsible for all withholding obligations imposed pursuant to Section 1445 of the Internal Revenue Code of 1966, as amended and the regulations thereunder and California Revenue and Taxation Code §18662 and shall defend, indemnify and hold Buyer harmless in connection with such obligations. Date: STEWART TITLE By: Name: Its: co•Jw 10/07/08 001Pc 12.259 ROW:1-10 and Indian Interchange ASSESSOR'S PARCEL NO. 666-330-054 Exhibit "A" PARCEL 20553-1 For State Highway purposes, that portion of Parcel 10 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Reco,der of said County, more particularly described as follows: BEGINNING at the Northwesterly corner of said Parcel thence (1) along the Northerly line of said Parcel and the Southerly Caltrans Right-of-Way line as shown on State Highway Right-of-Way Map of State Road 8-RIV-10, on file in the Riverside County Surveyor's office as filed map number 204-483 5.89°37'23"E., 57.953 meters to the Northeast corner of said Parcel; thence (2) leaving said Right-of-Way line along the Easterly line of said lot 5.16022'08"W., 7.452 meters, thence (3) leaving said Easterly line N.84044'33'W., 56.534 meters to a point in the Westerly line of said Parcel; thence (4) along said Westerly line N.10042'15"E., 2.393 meters to the POINT OF BEGINNING. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200, Area = 274,919 sq. meters, 0.0275 hectares Page 1 of 2 ��AND SUS �cm Mich el A. Havener, PLS 7354 Date Bq%I r3i/&I Exp- 12-31-09 N No 7354 -q 9TFOF, CAI\FIl Pace 2 of 2 EXHIBIT r " Bn " PREVIOUS CALTRANS R/W N.W. COR. (CS MAP 204-483) & ACCESS CONTROL PAR. 10 S 89'37'23' E 57.953 m S 16'2245 W N 84'44'33" W 7.452 m w E 5fi.534 m o N NEW CALTRANS 20553-1 R/W AND ACCESS APPROXIMATE LOCATION OFF z CONTROL LINE AS SHOWN ON ASSESSOR SHEET 656-33 pAI J I -JJ APN 666-330-064 p r\i f`r'l 9 � LEGEND STATE AREA RI UISIT DN 274.2 SQ. METERACQUISITION (0.0275 HECTARES) ACCESS PROHIBITED T PREVIOUS ACCESS CONTROL P.0.8. POINT OF BEGINNING R/W RIGHT-OF-WAY v R/W "N 1 �162/18p2J 3LANDA. SC Lor GAR �r PM 1621,8- L Azs l r out EXP. 31 DEC 07 18 28 1T �� PC 5 8 OAUl 6'PER �0.R 12g 9Tf OF CAU\5 € DISTANCES ARE IN METERS UNLESS CITY OF PALL SPRINGS PAR. NO. : 20553-1 OTHERWISE NOTED, MULTIPLY DISTANCES PREPARED 6Y: KA/MH BY 0.99997406 TO OBTAIN GROUND LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE. NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 11-16-07 SHEET i OF 1 SHEET EXHIBIT C FORM OF GRANT DEED RECORDING REQUESTED BY Orange Coast Title WHEN RECORDED RETURN TO: Attn: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 12.259\100708\001PG\COiw SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording changes under Government Code§ 6103 GRANT DEED APN: 666-330-064 This transfer is exempt from Documentary Transfer Tax pursuant to Revenue&Taxation Code§ 11922. THE UNDERSIGNED SELLER(S) DECLARE(S): FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JASON G. WILSON AND KRISTINE L. WIL,SON, HUSBAND AND WIFE AS JOINT TENANTS, hereby GRANT(S) to: CITY OF PALM SPRINGS, a municipal corporation, the real property in Riverside County, California, more particularly set forth on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. TOGETHER with: 1. All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, ROW: 1-10 and Indian Interchange without limitation, all rights as "Declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. Date: vL�-q By: Name: J S N G. WIL ON Date: By: Name:11 SIT IN . W I L S 0 N ROW: 1-10 and Indian Interchange EXHIBIT D CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Grant Deed from , Grantor, dated , 20 , to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City, by the order of the City Council of the City of Palm Springs on the I day of , 20_, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. CITY OF PALM SPRINGS By: Name: James Thompson Title: City Clerk DATED: 20 ROW: 1.10 and Indian Interchange EXHIBIT E DO NOT RECORD. TRANSFEREE (BUYER) DO NOT SEND MUST RETAIN FOR TO IRS. SIX YEARS AFTER THE TRANSACTION. CERTIFICATION OF NON-FOREIGN STATUS BY TRANSFEROR 1. Section 1445 of the Internal Revenue Code provides that a transferee (Buyer) of a U. S. real property interest must withhold tax if the transferor (Seller) is a foreign person. 2. In order to inform each transferee thatwithholding of tax is not required upon disposition of a U. S. real property interest by -4-- K uf C? +3 (hereinafter referred to as "the Transferor"), the undersigned hereby certifies, and declares by means of this certification, the following on behalf of the Transferor: A. The one item marked below is true and correct: [� (1) The Transferor is not a foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as these terms are defined in the Internal Revenue Code and Income Tax Regulations). (11) The Transferor is a corporation incorporated under the laws of a foreign jurisdiction but has elected to be treated as a U. S. corporation under Section 897(i) of the Internal Revenue Code, AND HAS ATTACHED TO THIS CERTIFICATE A TRUE AND GENUINE COPY OF THE ACKNOWLEDGMENT OF SUCH ELECTION ISSUED BY THE IRS. —c B. The Transferor's social security number is C. The Transferor's address is VCD• 3. The Transferor understands that this certificate may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained in this certification may be punished by fine or imprisonment (or both). 4. The Transferor understands that each transferee is relying on this certificate in determining whether withholding is required and each transferee may face liabilities if any statement in this certificate is false. ROW: 1-10 and Indian Interchange 5. The Transferor hereby indemnifies each transferee, and agrees to defend and hold each transferee harmless, from any liability, cost, damage, or expense which such transferee may incur as a result of: A. the Transferor's failure to pay any U. S. Federal income tax which the Transferor is required to pay under applicable U. S. law, or B. any false or misleading statement contained herein. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete; I further declare that I have authority to sign this document on behalf of the Transferor. EXECUTED in County, State of on Transferor: By: Title: ROW: 1-10 and Indian Interchange EXHIBIT F HAZARDOUS SUBSTANCE DEFINITION The term "Hazardous Substance" as used in this Agreement shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated now or in the future under any of the statutes or regulations listed below and any and all of those substances included within the definitions of "hazardous substances", "hazardous materials", "hazardous waste', "hazardous chemical substance or mixture", "imminently hazardous chemical substance or mixture", "toxic substances", "hazardous air pollutant', "toxic pollutant" or "solid waste' in the statues or regulations listed below. Hazardous Substances shall also mean any and all other similar terms defined in other federal state and local laws, statutes, regulations, orders or rules and materials and wastes which are, or in the future become, regulated under applicable local, state or federal law for the protection of health or the environment or which are classified as hazardous or toxic substances, materials or waste, pollutants or contaminants, as defined, listed or regulated by any federal, state or local law, regulation or order or by common law decision, including, without limitation, (i) trichloroethylene, tetrachloroethylene, perchloroethylene and other chlorinated solvents, (ii) any petroleum products or fractions thereof, (iii) asbestos, (iv) polychlorinated biphenyls, (v) flammable explosives, (vi) urea formaldehyde, and (vii) radioactive materials and waste. In addition, a Hazardous Substance shall include: (1) a "Hazardous Substance', "Hazardous Material', "Hazardous Waste', or "Toxic Substance" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et sec., the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801, et seg., or the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 , et seg.; (2) "Oil' or a "Hazardous Substance' listed or identified pursuant to § 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1321, as well as any other hydrocarbonic substance or by-product; (3) listed by the State of California as a chemical known by the State to cause cancer or reproductive toxicity; (4) a material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, damages or threatens to damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or public agency requires in order for the property to be put to any lawful purpose; ROW: 1.10 and Indian Interchange (5) any material the presence of which would require remediation, whether or not the presence of such material resulted from a leaking underground fuel tank; (6) pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.; (7) asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et sue.; (8) any radioactive material including, without limitation, any "source material', "special nuclear material', "byproduct material', 'low-level wastes", "high- level radioactive waste", "spent nuclear fuel' or "transuranic waste", and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. §§ 2011 et seq., or the Nuclear Waste Policy Act, 42 U.S.C. §§ 10101 et sec. (9) industrial process and pollution control wastes, whether or not "hazardous" within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq.; All other laws, ordinances, codes, statutes, regulations, administrative rules, policies and orders, promulgated pursuant to said foregoing statutes and regulations or any amendments or replacement thereof, provided such amendments or replacements shall in no way limit the original scope and/or definition of Hazardous Substance defined herein. ROW: 1-10 and Indian Interchange STATEMENT OF JUST COMPENSATION Pursuant to a Resolution of the City Council of the City of Palm Springs (Authority), the City of Palm Springs (Buyer) is in the process of acquiring private property necessary for public use. We are prepared to purchase your property with title being subject only to any existing easements or restrictions of record. In compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, and/or Chapter 16 of Division 7 of Title I of the Government Code, an estimate of just compensation in the amount of Thirty Five Thousand Five Hundred Ten Dollars and 00/100 ($35,510) has been made for the interest to be acquired in your property (see "Legal Description"). This amount is based upon an approved appraisal and is not less than the appraiser's opinion of fair market value which he determined after a personal inspection of your property, at which time, you or your representative were given the opportunity to accompany him. The appraisal takes into consideration the location of your property, its highest and best use, and current sales of properties similar to your property- 1. DEFINITION OF FAIR MARKET VALUE The definition of fair market value as it applies herein is contained in Section 1263-320 of the Code of Civil Procedure of California, which is quoted in part as follows.- "(a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by the seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." ROW: 1-10 and Indian Interchange Just Compensation includes amounts for the land, improvements, severance damage if any, and other elements as follows: LAND $35,510 IMPROVEMENTS $0 DAMAGE TO THE REMAINDER $0 TEMPORARY CONSTRUCTION EASEMENT $0 OTHER $0 TOTAL $35,510 Any increase or decrease in the market value caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the property would be acquired for such improvement or project, other than due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of just compensation. LEGAL DESCRIPTION: Fee simple acquisition of real property in Riverside County, California for State Highway purposes, described as follows. EXHIBIT"A" (Legal Description) ROW: 1-10 and Indian Interchange Previously mailed to you was a copy of "Information Brochure Regarding Your Rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970". STATEMENT OF OWNER(S) I/We(They have been informed of my/our/their rights under Public Law 91-646 and State Statutes. (Initials) I/We/They have read and understand the Statement of Just Compensation. (Initials) There are persons living on the property. Yes No�� There are businesses being conducted on the property by others. Yes No The following are living or are conducting business on the property (including owner if in occupancy): Give name and address. j- Signatures on this form do not constitute agreement on value, but only serve to indicate receipt of the form. Signature by owner(s) regarding relocation assistance information does not in any way obligate owner(s), but only serves to provide the agency with information for relocation planning. Dated: David H. Ready, C' age Received a copy of the above offer this day of C 1 illy 200%ICIL By: +1 PP 6 _p—h� J S N G. WILSON R J KRISTINE L. WILSON CO:jw 10/07/08 001 PG 12.259 ROW- 1-10 and Indian Interch8nge ASSESSOR'S PARCEL NO. 666-330-064 Exhibit "A" PARCEL 20553-1 For State Highway purposes, that portion of Parcel 10 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Northwesterly corner of said Parcel thence (1) along the Northerly line of said Parcel and the Southerly Caltrans Right-of-Way line as shown on State Highway Right-of-Way Map of State Road 8-RIV-10, on file in the Riverside County Surveyor's office as filed map number 204-483 S.89037'23"E., 57.953 meters to the Northeast corner of said Parcel; thence (2) leaving said Right-of-Way line along the Easterly line of said lot S.16022'08'Vl., 7.452 meters; thence (3) leaving said Easterly line N.84044'33"W., 56.534 meters to a point in the Westerly line of said Parcel; thence (4) along said Westerly line N.10042'15"E., 2.393 meters to the POINT OF BEGINNING, This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6_ To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 274.919 sq. meters, 0.0275 hectares Page t of 2 �J p � J �,Og�ANb SUS Michael A, Havener, PLS 7354 bate `' E,� t2rduog Exp. 12-31-09 u, Na.7964 �a CA�,F�ct Page 2 of 2 EXHIBIT B_ PREVIOUS r r rl -'- ACESSGCONTROL R/W P.O.B, ��N (CS MAP 204-48) N.W. COR. 57.953 m PAR. 10 S 89'37'23" E S 16'22'08a W 7.452 m I I I N 8474'33 W 56.534 m ;� w � 20553-1 NEW CAI.TRANS N R/W AND ACCESS AppROXIMATF LOCATION OFF CONTROL LINE AS SH SHEET 666 O33 ON ASSESSOR z I r1Tr1. 1 I f r1T APN 666-330-064 r1�i J (LEA{- STATE RIGHT-OF-WAY AGOU151T10N AREA = 274.9 SO. METERS (0.0275 HECTARES) TTFFFTT ACCESS PROHIBITED PREMOUS ACCESS CONTROL P.0.8. POINT OF BEGINNING R/W RIGHT-OF-WAY E R/W LINE PfR FM 1621IB-23 O LANC SU LOT "K p o GARNET A NET AM` 7�62118-23 EXP, 31 DEC o7 NUE 18.288 H OF CAL F RC• 509 REC.OAUC. &P1 R O.R.13 2128 I� / 6 SPRINGS PAR. No. : 20553-1 GI 1 y OF r A� FREPaREO @Y: KA/MH DISTANCES ARE IN METERS UNLESS NOT TO SCALE pT}{ERINSE NOTED. MULTIPLY DISTANCES BY 0/99997406 TO OBTAIN GROUND OAT. 11-15-07 SHEET 1 OF 1 SHEET LEVEL DISTANCES-. ISUR�Y FO Clpu¶pRLYMETER5 PROJECT: 1-10/IN01AN AVENUE INTERCHANG SCALE: TO U DISTANCES BY 3937/1200.