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HomeMy WebLinkAbout05722 - CITY PURCHASE OF REAL PROPERTY FROM LAKSHMAN, CHRISANTHIE AND DEEPIKA WICKREMESINGHE GENE AUTRY / VISTA CHINO Page 1 of 1 Kathie Hart From: Marcus Fuller Sent: October 28, 2008 3:56 PM To: Kathie Han Subject: RE. A5722 Lakshman, Chrisannthie VVickremesinghe, and Deepika Ruwan Wickremesinghe U betcha From: Kathie Hark Sent: Monday, October 20, 2006 8:39 AM To: Marcus Fuller Cc: Felipe Primera Subject: RE: A5722 Lakshman, Chrisannthie Wickremesinghe, and Deepika Ruwan Wickremesinghe Marcus: Ok to close this agreement, since it was for the acquisition of the property and we now own it? Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 911' (760) 323-8206 1 & (760) 322-8332 Kathie.Hart@ PalmSpri ngs-CA.gov From: Dolores Strickstein Sent: October 17, 2008 4:20 PM To: Marcus Fuller Cc: Felipe Primera; Kathie Hart Subject: A5722 Lakshman, Chrisannthie Wickremesinghe, and Deepika Ruwan Wickremesinghe See recorded Grant Deed received today. Dolores Strickstein City of Palm Springs �,pt , Office of the City Clerk (760) 323-8204 Fax: (760) 322-8332 Dolores.Strickstein palmsprings-ca,go_v www.palmsprings-ca.aov 10/28/08 Southland Title *(.,1 ;�' p :_. 650 East Hospitality Lane, Suite 125 Q�L!II��LA Ti't�� San Bernardino, CA 92408 Phone; (909) 890-9109 Fax: (909) 890-0486 November 26, 2008 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 YOUR REF: City of Palm Springs OUR NO,: 68621560 Property: Vacant Land, Apn: 677-250-062 , Palm Springs, California Dear Customer: On behalf of LandAmerica, Southland Title, please find your ALTA Owners 2006 Policy of Title Insurance. Transnation Title Insurance Company has merged into Lawyers Title Insurance Corporation. As a result, effective September 1, 2008 all title polices will be issued under and honored by Lawyers Title Insurance Corporation. NOTE: Your policy is a Computer Generated Product. Although lacking color and "live" signatures, it is the original of your policy. Thank you for selecting LandAmenca for your transactional management needs. Enclosure r /' 5722 01 This policy has been issued through the offices of Southland Title 650 East Hospitality Lane, Suite 125 outhland Title San Bernardino, 89 -910LI 9 l� lA 11 1 Phone: (909) 890-9109 Fax: (909) 890-0486 We wish to take this opportunity to thank you for allowing us to assist you in your recent real estate transaction. We appreciate your confidence in us and take pride in our ability to service all your title needs. The enclosed title policy was carefully prepared in accordance with your agent's instruction and should be kept in a safe place with your other important documents as it continues to protect you as long as you have an interest in the subject real property. We hope we can be of assistance to you in all your future real estate transactions. Cordially, by: Authorized Signatory Margaret Foster PRIVACY POLICY NOTICE LandAmerica Financial Group, Inc. and its family of affiliated companies ("LandAmerica") respect the privacy of our customers' personal information. This Notice explains the ways in which we may collect and use personal information under the LandAmerica Privacy Policy. LandAmerica provides title insurance and other real estate services through its afOliates. The two largest members of the LandAmerica family, Commonwealth Land Title Insurance Company and Lawyers Title Insurance Corporation, and their title affiliates, issue title policies and handle real estate closings across the country. You may review a complete list of the LandAmerica family of affiliates covered by this Privacy Policy on our website at htto7//www.landam.com under the privacy policy link or request a copy be sent to you from the address listed below. The LandAmerica Privacy Policy applies to all LandAmerica customers, former customers and applicants. Please visit our website for an explanation of our privacy practices relating to electronic communication. What kinds of information we collect: Depending on the services you use, the types of information we may collect from you, your lender, attorney, real estate broker, public records or from other sources include: • information from forms and applications for services, such as your name, address and telephone number, information about your transaction, including information about the real property you bought, sold or financed such as address, cost, existing liens, easements, other title information and deeds, with closing, escrow, settlement or mortgage lending services or mortgage loan servicing, we may also collect your social security number as well as information from third parties including property appraisals, credit reports, loan applications, land surveys, real estate tax information, escrow account balances, and sometimes bank account numbers or credit card account numbers to facilitate the transaction, and • information about your transactions and experiences as a customer of ours or our affiliated companies, such as products or services purchased and payments made. How we use and disclose this information: We use your information to provide you with the services, products and insurance that you, your lender, attorney, or real estate brokers have requested. We disclose information to our affiliates and unrelated companies as needed to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, to provide information to government and law enforcement agencies and as otherwise permitted by law. As required to facilitate a transaction, our title affiliates record documents that are part of your transaction in the public records as a legal requirement for real property notice purposes. We do not share any nonpublic personal information we collect from you with unrelated companies for their own use. We do not share any information regarding your transaction that we obtain from third parties (including credit report information) except as needed to enable your transaction as permitted by law. We may also disclose your name, address and property information to other companies who perform marketing services such as letter production and mailing on our behalf, or to other financial service companies (such as insurance companies, banks, mortgage brokers, credit companies) with whom we have joint marketing arrangements. Additionally, some LandAmerica affiliates may share information about their transaction and experiences with you in order to identify opportunities to market other LandAmerica services or products that may be useful to you. Now we protect your information: We maintain administrative, physical, electronic and procedural safeguards to guard your nonpublic personal information. We reinforce our privacy policy with our employees and our Contractors. Joint marketers and third parties service providers who have access to nonpublic personal information to provide marketing or services on our behalf are required by contract to follow appropriate standards of security and corfidentiality. Title insurance agents may be covered by this policy: If your transaction goes through a title insurance agent that is not part of the LandAmerica family, the agent handling your transaction should provide you with the agent's own privacy policy or evidence that the agent has adopted our policy. If you have any questions about this privacy statement or our practices at LandAmerica, please email us at customerservice@landam.com or write us at: LandAmerica Privacy, P.O. Box 27567, Richmond, VA 23261. Form 3391-6 (Rev. September 2008) OWNER'S POLICY OF TITLE INSURANCE Issued Ibyl.awyers Title Insurance Corporation L�r,l La:;dAmerica Lawyers Tole Insurance Corporafion is a memberoffho Lawyers Title LandAmenca family of Rile rrraurance underwriters Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 9S of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B,AND THE CONDITIONS, LAWYERS TITLE INSURANCE CORPORATION, a Nebraska corporation(the"Company")insures, as of Date of Policy and to the extent stated In Covered Risks 9 and 10,after Date of Policy,against loss or damage, not exceeding the Amount of Insurance,sustained or Incurred by the Insured by reason of: 1 Title being vested other than as stated in Schedule A 2. Any defect In or lien or encumbrance on the Title. This Covered Risk includes but is not limited to Insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud,undue influence,duress incompetency,incapacity,or impersonation (it) failure of any person or Entity to have authorized a transfer or conveyance; (ui) a document affecting Title not property created, executed,witnessed,sealed,acknowledged,notarized,or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authonzed by law; (v) a document executed under a falsified,expired,or otherwise invalid power of attorney; (vi) a document not properly Mod, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by Jew,or (wi) a defective judicial or administrative proceeding. (b) The Iles of real estate taxes or assessments Imposed on the Title by a governmental authority due or payable, but unpaid (c) Any encroachment,encumbrance,violation,variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land The term "encroachment includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing Improvements located on adjoining land. 3 Unmarketable Title. 4 No right of access to and from the Land 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restnoting,regulating prohibiting or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land (c) the subdivision of land,or (d) environmental protection if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice. 6 An enforcement action based on the exercise of a governmental police power not covered by Covered Risk a if a notice of the enforcement action, describing any part of the Land, Is recorded in the Public Records but only to the extent of the enforcement referred to In that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any pan of the Land,is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9 Title being vested other than as stated iri Schedule A or being defective (a) as a result of the avoldance in whole or in part or from a court order providing an alternative remedy,of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws,or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,state insolvency,or similar creditors rights laws by reason of the failure of its recording in the Public Records (1) t0 be timely or (II) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor 10, Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been fled or recorded in the public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer In the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys'fees,and expenses incurred In defense of any matter insured against by this Policy,but only to the extent provided in the Conditions IN WITNESS WHEREOF,the Company has caused this Policy to be signed with the facsimile signatures of Its President and Secretary and sealed as required by its By-laws. LAWYERS TITLE INSURANCE CORPORATION rs��tlsaa..rye ti: 9 Attest: _w SEAL s By. Secretary nFax1.5RP,.•^" President Dbl Cover—ALTA Owner s Polley(06117106) Valid only if Schedules A and B are attached Form 1190-126 - EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss Or damage,costs, attorneys' fees,Or expenses that arise by reason of. 1 (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting regulating prohibiting,or relating to (I) the occupancy, use,or enjoyment of the Land (it) the character,dimensions,or location of any improvement erected on the Land, pli) the subdivision of land.or (iv) environmental protection, or the effect of any violation of these laws ordinances or governmental regulations This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2 Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Rlsk 7 or 8 3. Defects,(lens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant, (b) not Known to the Company not recorded in the Public Records at Date of Policy but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy: (c) resulting In no loss or damage to the Insured Claimant: (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk S and 10:or (e) resulting in loss Or damage that would not have been sustained If the Insured Claimant had paid value for the Title 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws that the transaction vesting no Title as shown in Schedule A,Is (a) a fraudulent conveyance or fraudulent transfer;or (b) a preferential transfer for any reason not slated In Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown In Schedule A CONDITIONS 1 DEFINITION OF TERMS affixed Improvements that by law constitute real property. The term The following terms when used in this policy mean "Land" does not include any property beyond the lines of the area (a) "Amount of Insurance". The amount stated in described in Schedule A, nor any right, title, interest, estate, or Schedule A. as may be increased or decreased by endorsement to easement In abutting streets, roads, avenues, alleys lanes ways this policy, increased by Section 8(b), or decreased by Sections 10 or waterways, but this does not modify or limit the extent that right and 11 of these Conditions. of access to and from the Land is insured by this policy (b) 'Date of Policy" The date designated as Date of (h) "Mortgage" Mortgage, dead of trust, trust deed, or Policy"in Schedule A other security instrument, including one evidenced by electronic (c) "Entity': A corporation partnership trust limited means authorized by law. liability company,or other similar legal entity (i) "Public Records" Records established under state (d) "Insured" The Insured named in Schedule A statutes at Date of Policy for the purpose of imparting constructive (I) The term"Insured"also includes notice Of matters relating to real property to purchasers for value (A) successors to the Title of the Insured by and without Knowledge With respect to Covered Risk 5(d) "Public operation of law as distinguished from purchase including heirs, Records" shall also include environmental protection hens filed in devisees survivors,personal representatives,or next of kin; the records of the clerk of the United States District Court for the (S) successors to an Insured by dissolution, district where the Land is located. merger,consolidation,distribution, or reorganization; "Title": The estate or interest described in Schedule A (C) successors to an Insured by its �) conversion to another kind of Entity; (k) "Unmarketable Title"- Title affected by an alleged or (D) a grantee of an Insured under a deed apparent matter that would permit a prospective purchaser or delivered without payment of actual valuable consideration lessee of the Tltle or lender on the Title to be released from the conveying the Title obligation to purchase, lease, or lend if there Is a Contractual (1) if the stock, shares, memberships, condition requiring the delivery of marketable title. or other equity interests of the grantee are wholly-owned by the 2, CONTINUATION OF INSURANCE; named Insured, The coverage of this policy shall continue in force as of Dale or (2) if the grantee wholly owns the Policy In favor of an Insured, but only so long as the Insured retains named Insured, an estate or Interest In the Land,or holds an obligation secured by a (3) if the grantee is wholly-owned by purchase money Mortgage given by a purchaser from the Insured, an affiliated Entity of the named Insured, provided the affiliated or only so long as the Insured shall have liability by reason of Entity and the named Insured are bath wholly-owned by the same warranties In any transfer or conveyance of the Title This policy person or Entity,or shall not continue In force in favor of any purchaser from the (a) it the grantee is a trustee or Insured of mifher (I) an estate or interest in the Lend or (ii) an beneficiary of a,iv..,created by a written instruineni eslaoiished by obligation Secured by a purchase money Mortgage given to the the Insured named in Schedule Afor estate planning purposes. Insured (I) 1Atith regard to (A), (E), (C), and (D) reserving, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT however all rights and defenses as to any successor that the The Insured shall notify the Company promptly in writing(i)in case Company would have had against any predecessor Insured. of any litigation as set forth in Section 5(a) of these Conditions (u) (e) "Insured Claimant": An Insured claiming loss or in case Knowledge shall come to an Insured hereunder of any claim damage. of title or interest that is adverse to the Title, as insured, and that (f) "Knowledge" or "Known" Actual knowledge, not might cause loss or damage for which the Company may be liable constructive knowledge or notice that may be imputed to an Insured by virtue of this policy or(iii)if the Title, as insured,is rejected as by reason of the Public Records or any other records that impart Unmarketable Title. If the Company is prejudiced by the failure of constructive notice of matters affecting the Title. the Insured Claimant to provide prompt notice, the Company's (g) "Land" The land described in Schedule A, and Conditions Continued liability to the Insured Claimant under the policy shall be reduced to Company,it is necessary in the administration Of the claim. Failure the extent of the prejudice of the Insured Claimant to submit for examination under oath, 4. PROOF OF LOSS produce any reasonably requested Information,or grant permission In the event the Company is unable to determine the amount of loss to secure reasonably necessary information from third parties as or damage, the Company may, at its option, require as a condition required in this subsection, unless prohibited by law or of payment that the Insured Claimant furnish a signed proof of loss governmental regulation, shall terminate any liability of the The proof of loss must describe the defect, lien encumbrance, or Company under this policy as to that claim other matter insured against by this policy that constitutes the basis 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; of loss or damage and shall state, to the extent possible the basis TERMINATION OF LIABILITY of calculating the amount of the loss or damage In case of a claim under this policy, the Company shall have the S. DEFENSE AND PROSECUTION OF ACTIONS following additional options: (a) Upon written request by the Insured, and subject to (a) To pay or Tender Payment of the Amount of the options contained In Section 7 of these Conditions, the Insurance. Company at its own cost and without unreasonable delay shall To pay or tender payment of the Amount OF Insurance under this provide for the defense of an Insured in litigation in which any third policy together with any costs, attorneys' fees, and expenses party asserts a claim covered by this policy adverse to the Insured incurred by the Insured Claimant that were authorized by the This obligation Is limited to only those stated causes of action Company up to the time of payment or tender of payment and that alleging matters Insured against by this policy The Company shall the Company is obligated to pay. have the right to select counsel of Its choice(subject to the right of Upon the exercise by the Company of this option, all liability and the Insured to abject for reasonable cause)to represent the Insured obligatlons of the Company to the Insured under this policy other as to those stated causes of action It shall not be liable for and will than to make the payment required in this subsection shall not pay the fees of any other counsel The Company will not pay terminate, Including any liability or obligation to defend prosecute, any Fees,costs,or expenses Incurred by the Insured in the defense or continue any litigation. of those causes of action that allege matters not Insured against by (b) To Pay or Otherwise Settle With Parties Other Than this policy. the Insured or With the Insured Claimant (b) The Company shall have the right, In addition to the (1) To pay or otherwise settle with other parties for or options contained in Section 7 of these Conditions at its own cost in the name of an Insured Claimant any claim insured against under to institute and prosecute any action or proceeding or to do any this policy. In addition the Company will pay any costs attorneys' other act that in its opinion may be necessary or desirable to fees and expenses incurred by the Insured Claimant that were establish the Title, as insured, or to prevent or reduce loss or authorized by the Company up to the time of payment and that the damage to the Insured The Company may take any appropriate Company is obligated to pay,or action under the terms of this policy, whether or not it shall be liable (I) To pay or otherwise settle with the Insured to the Insured. The exercise Of these rights shall not be an Claimant the loss or damage provided for under this policy,together admission of liability or waiver of any provision of this policy If the with any costs, attorneys' fees, end expenses incurred by the Company exercises Its rights under this subsection it must do so Insured Claimant that were authorized by the Company up to the diligently, time of payment and that the Company Is obligated to pay (c) Whenever the Company brings an action or asserts Upon the exercise by the Company of either of the options provided a defense as required or permitted by this policy the Company may for in subsections (b)(1) or (n), the Company's obligations to the pursue the litigation to a final determination by a court Of competent Insured under this policy for the claimed loss Or damage,other Chen jurisdierion, and it expressly reserves the right,in its sole discretion the payments required to be made, shall terminate, including any to appeal any adverse judgment or order. Viability or obligation to defend prosecute,or continue any litigation. 6. DUTY OF INSURED CLAIMANT TO COOPERATE 8. DETERMINATION AND EXTENT OF LIABILITY (a) In all cases where this policy permits Or requires the Company to prosecute Or provide for the defense of any action or This policy is a contract of indemnity against actual monetary loss proceeding and any appeals, the Insured shall secure to the or damage sustained Or incurred by the Insured Claimant who has Company the right to so prosecute or provide defense In the action suffered loss or damage by reason of matters insured against by or proceeding, including the right to use, at Its option the name of this policy. the Insured for this purpose, Whenever requested by the Company, (a) The extent of liability of the Company for loss or the Insured,at the Company's expense, shall give the Company all damage under this policy shall not exceed the lesser of reasonable aid IQ in securing evidence, obtaining witnesses (i) the Amount of Insurance;or prosecuting or defending the action or proceeding, or effecting (II) the difference between the value of the Title as settlement, and(ii)in any Other lawful act that in the opinion of the insured and the value of the The subject to the risk Insured against Company may be necessary or desirable to establish the Title or by this policy, any other matter as insured If the Company is prejudiced by the (b) If the Company pursues its rights under Section 5 of failure of the Insured to furnish the required cooperation, the these Conditions and Is unsuccessful in establishing the Title, as Company's obligations to the Insured under the policy shall Insured, terminate, including any liability or obligation to defend, prosecute, (i) the Amount of Insurance shall be increased by or continue any litigation, with regard to the matter or matters 10% and requiring such cooperation. 00 the Insured Claimant shall have the right to have (b) The Company may reasonably require the Insured the loss or damage determined either as of the date the claim was Claimant to submit to examination under oath by any authorized made by the Insured Claimant or as of the date it is settled and representative of the Company and to produce for examination, paid. inspection, and copying, at such reasonable times and places as (c) In addition to the extent of liability under(a) and (b), may be designated by the authorized representative of the the Company will also pay those costs, attorneys' fees and Company, all records, in whatever medm,11 maintained Including expenses incurred In accordance with Sections 5 and 7 of these - books, ledgers, checks, memoranda, correspondence, reports, e- Conditiens, - mails, disks tapes, and videos whether bearing a date before or 9• LIMITATION OF LIABILITY after Date of Polley, that reasonably pertain to the loss or damage (a) If the Company establishes the Title, or removes the Further, if requested by any authorized representative of the alleged defect, lien, or encumbrance, or cures the lack of a night of Company,the Insured Claimant shall grant Its permission,in writing access to or from the Land, or cures the claim of Unmarketable for any authorized representative of the Company to examine Title,all as Insured. In a reasonably diligent manner by any method, inspect,and copy all of these records in the custody or control of a including litigation and the complatlon of any appeals, it shall have third party that reasonably pertain to the loss or damage All fully performed its obligations with respect to that matter and shall information designated as confidential by the Insured Claimant not he liable for any loss or damage caused to the Insured. provided to the Company pursuant to this Section shall not be (b) In the event of any litigation,including litigation by the disclosed to others unless in the reasonable judgment of the Company or with the Company's consent the Company shall have no liability for loss or damage until there has been a final - Conditions Continued determination by a court of competent jurisdiction and disposition of $2,000,000 or less shall be arbitrated at the option of either the all appeals,adverse to the Title,as Insured. Company or the Insured. Al arbitrable matters when the Amount of (e) The Company shall not be liable for loss or damage to Insurance is in excess of$2,000,000 shall be arbitrated only when the Insured for liability voluntarily assumed by the Insured in settling agreed to by both the Company and the Insured Arbitration any claim or suit without the prior written consent of the Company pursuant to this policy and under the Rules shall be binding upon 10.REDUCTION OF INSURANCE;REDUCTION OR the parties. Judgment upon the award rendered by the Arbitrator(s) TERMINATION OF LIABILITY may be entered in any court of competent Jurlsdietwn Al payments under this policy,except payments made for costs, 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE attorneys'fees and expenses,shall reduce the Amount of CONTRACT Insurance by the amount of the payment (a) This policy together with all endorsements, if any, 11. LIABILITY NONCUMULATIVE attached to it by the Company is the entire policy and contract The Amount of Insurance shall be reduced by any amount the between the Insured and the Company. In interpreting any Company pays under any policy insuring a Mortgage to which provision of this policy,this policy shall be construed as a whole. exception is taken in Schedule B or to which the Insured has (b) Any claim of loss or damage that arises out of the agreed, assumed, or taken subject, or which Is executed by an status of the Title or by any action asserting such claim shall be Insured after Date of Policy and which is a charge or lien on the restricted to this policy. Title, and the amount so paid shall be deemed a payment to the (c) Any amendment of or endorsement to this policy must Insured under this policy. be in writing and authenticated by an authorized person, or 12. PAYMENT OF LOSS expressly Incorporated by Schedule A of this policy When Ilablllty and the extent of loss or damage have been definitely (d) Each endorsement to this policy issued at anytime is fixed in accordance with these Conditions,the payment shall be made a part of this policy and is subject to all of its terms and made within 30 days. provisions Except as the endorsement expressly states,it does not 13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (i) modify any of the terms and provisions of the policy, (II) modify (a) Whenever the Company shall have settled and any prior endorsement (lii) extend the Date of Policy, or (iv) paid a claim under this policy, it shall be subrogaied and entitled to increase the Amount of Insurance, the rights of the Insured Claimant in the Title and all other rights and 15.SEVERABILITY remedies in respect to the claim that the Insured Claimant has In the event any provision of this policy, in whole or In part,is held against any person or property,to the eraent of the amount of any Invalid or unenforceable under applicable law, the policy shall be loss costs, attorneys'Tees, and expenses paid by the Company If deemed not to include that provision or such part held to be invalid requested by the Company, the Insured Claimant shall execute but all other provisions shall remain in full force and effect documents to evidence the transfer to the Company of these rights 17.CHOICE OF LAW;FORUM and remedies. The Insured Claimant shall permit the Company to (a) Choice of Law: The Insured acknowledges the sue,compromise,or settle in the name of the Insured Claimant and Company has underwritten the risks covered by this policy and to use the name of the Insured Claimant in any transaction or determined the premium charged therefor in reliance upon the law litigation involving these rights and remedies, affecting interests in real property and applicable to the If a payment on account of E claim does not fully cover the loss of interpretation, rights, remedies, or enforcement of policies of title the Insured Claimant, the Company shall defer the exercise of its insurance of the jurisdiction where the Land is located right to recover until after the Insured Claimant shall have recovered Therefore, the court or an arbitrator shall apply the law of the its loss. )unsdiction where the Land is located to determine the validity of (b) The Company's right of subrggaton includes the claims against the Title that are adverse to the Insured and to rights of the Insured to indemnities, guaranties, other policies of interpret and enforce the terms of this policy In neither case shall insurance, or bonds, notwithstanding any terms or conditions the court or arbitrator apply its conflicts of law principles to contained in those instruments that address subrogation rights determine the applicable law 14.ARBITRATION (b) Choice of Forum• Any litigation or other proceeding Either the Company or the Insured may demand that the claim or brought by the Insured against the Company must be Tiled only in a controversy shall be submitted to arbitration pursuant to the Title state or federal court within the United States of America or its Insurance Arbitration Rules of the American Land Title Assoclatlon territories having appropriate jurisdiction ("Rules"). Except as provided in the Rules there shall be no joinder 18.NOTICES,WHERE SENT or consolidation with claims or controversies of other persons. Any notice of claim and any other notice or statement In writing Arbitrable matters may include, but are not limited to, any required to be given t0 the Company under this Polley must be controversy or claim between the Company and the Insured arising given to the Company at: Consumer Affairs Department PO Box out of or relating to this policy,any service in connection with its 27567 Richmond,Virginia 23261-7567 issuance or the breach of a policy provision,or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is THANK YOU. Title ihsurance provides For the protection ofyour seal e5no invo3henL We suggest you keep this policy in a safe place where it can be readily available Foi future reference. If you have questions abouttitle insurance or the coverage provided by this policy,contact the office that issued this policy,oryou may call or mine: Lawyers Title Insurance Corporation Consumer AlFalrs PC Box 27567 _ - Richmond Virginia 23261-7567 telephone,toll free 800446-7066 wed www landam corn We thank you for choosing to do business with Lawyers Title Insurance Corporation,and look Forward to meeting your future title msumnce needs Lawyers Title Insurance Corporation is a member oftho LandAmerica Family oftitle insurance underwriters. LLc7ndAft erka Lawyers Title B 1190.126 Southland Title - 650 East Hospitality Lane, Suite 125 SouthSouthland Title San Bernardino, 89 -9108 land 1.1 1 Phone: (909) 890-9109 Fax: (909) 890-0486 ALTA Owners Policy 2006 POLICY OF TITLE INSURANCE ISSUED BY Lawyers Title Insurance Corporation SCHEDULE A Amount of Insurance: $750,000,00 File No.: 68621560 Address Reference: vacant Land APN: 677-250-062 , Palm Springs, CA 922 Premium: $2,472.00 Endorsement Fees: $[-0-] Date of Policy: October 06, 2008 at 8:00AM 1. Name of Insured: City of Palm Springs, a Municipal Corporation 2. The estate or interest in the Land that is insured by this policy is: A FEE 3. The estate or interest referred to herein is at the Date of Policy vested in: City of Palm Springs, a Municipal Corporation 4. The Land referred to in this policy is situated in the County of Riverside, State of CALIFORNIA, and is more particularly described in Exhibit"A"attached hereto and made a part hereof. By: Y 'I), d' Authorized Signatory File No, 68621560 EXHIBIT "A" All that certain real property situated in the County of Riverside, State of California, described as follows: That portion of the Northeast '/n of Section 7, Township 4 South, Range 5 East, San Bernardino Base and Meridian, described as follows: Commencing at the Northwest corner of said Section 7; Thence South 890 51' 56" East, along the North line of said Section 7, a distance of 1320.41 feet to a point of intersection with that certain line Shown as the eat line of the Northwest 1/4 of the Northwest '/a of Section 7 on Barbara Tract Unit No. 1 as shown by map on file in Book 39 Page(s) 57 of maps, Records of Riverside County, California; Thence South 00 16' 31" East, a distance of 50.00 feet to the true point of beginning; Thence continuing South 0° 16' 31" East, a distance of 1026,98 feet to a point on the Westerly right-of-way line of Gene Autry Trail (formerly bogie road and being 100.00 feet in width); Thence North 110 37' 13" East, along said Westerly right-of-way line, a distance of 367.44 feet to the beginning of a tangent curve concave Westerly, having a radius of 950.00 feet; Thence Northerly along the arc of said curve, through a central angle of 11° 53'46", a distance of 197.24 feet; Thence tangent to said curve North 0° 16' 33"West, a distance of 470.91 feet to a paint on a line that is parallel with and 50.00 feet Southerly of the Northerly line of said Section 7; Thence North 89' 51' 56" West, along said parallel line, a distance of 96.14 feet to the true point of beginning; Comprising 1.75 acres, more or less. File No. 68621560 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against lass or damage, and the Company will not pay costs, attorneys' fees or expenses that arise by reason of: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2008 - 2009 which are a lien not yet payable. B. An assessment (1915 Act) by the improvement district shown below. Series: AD 155 District: Palm Springs For: Sewers &Street IMP Bond Issued: July 25, 1989 Said assessment may be, and usually is, collected with the County/City general and special taxes. C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement in favor of the public over any existing roads lying within said land. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: California Electric Power Company and California Water and Telephone Company Purpose: Poles Recorded: August 26, 1960 as Instrument No. 75S54 of Official Records Affects: Said land 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: California Electric Power Company and California Water and Telephone Company Purpose: Anchors and guy wires Recorded: November 18, 1960 as Instrument No. 98860 and 98361 both of Official Records Affects: Said land 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Desert Water Agency Purpose: Pipelines and conduits Recorded: August 15, 1968 as Instrument No. 79211 of Official Records Affects: Said land File No. 68621560 S. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: City of Palm Springs Purpose: Construct, maintain, repair, operate, and use for streets, highways, underground sewers, public utility installation and appurtenant uses, together with the right to dedicate or declare the same for public use, in, on, under, over and across Recorded: November 27, 1963 as Instrument No. 115141 of Official Records Affects: Said land 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: City of Palm Springs, California, a Municipal Corporation Purpose: Maintenance of streets and highways and public utilities Recorded: November 18, 1969 as Instrument No. 118561 of Official Retards Affects: Said land 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: City of Palm Springs, California Purpose: Maintenance of streets and highways and public utilities Recorded: March 10, 1970 as Instrument No. 22485 of Official Records Affects: Said land S. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a Record of Survey Recorded In Book 67 Page 85 of Official Records END OF SCHEDULE B Endorsements: NONE � s♦ FIIY k , S it—to to Ir n,:`,�` l=7� \ie: _ .rAtis1':; l -"zm' ��[r• ss1� � \' ��p �4�. :=i..r... a,r�• icy `I�� C1 444 ..� I,a�-;,J',=�,. , � as ' ��•- � it •c)' 1v\\\ yl.�f'�:,�_! x.} �'� •Tz • 'ter=�4'4�\ � � -+',. '1t_ ��k: � —� li IN tC7' r — O W Y =l a.4'] 1 wool mms xLd�1 Al 3 —I — _ ? L 1 ::C MI& [I:rr.'l La=pIVFf1 a\:eit snl>l11'E :aO y }, ft•N.,C'Yd9 urn aru x-: n31�..rra-e a• uf„s n C CZ-��g 5.�•.51'11.'v3S 1 nl:: .: a<n+-+,_te.+u,sL�x:k:nc5D Project: Gene Autry Gateway Landscape Project Project No.: APN: 677-250-062 Parcel No.: AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS (the "Agreement") is made and entered into as of 1 2008, by and between the CITY OF PALM SPRINGS, a municipal corporation ("Buyer") and LAKSHMAN WICKREMESINGHE and CHRISANTHIE WICKREMESINGHE, husband and wife, and DEEPIKA RUWAN WICKREMESINGHE, a single man, all as joint tenants (collectively hereinafter, "Seller"), with reference to the following facts: RECITALS A. Seller is the owner of certain real property comprised of approximately 1.72 acres, located in the City of Palm Springs (the "City"), the County of Riverside (the "County"), State of California (the "State"), designated by Assessor's Parcel No. 677- 250-062, more particularly described on Exhibit A attached hereto (the "Property"). S. 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 SEVEN HUNDRED FIFTY THOUSAND DOLLARS and 001100 ($750,000). The Purchase Price shall be payable as follows: (a) ZERO DOLLARS and 00/100 ($0.00) as Gene ALAry Gateway Landscape Project Wickremesinghe APN 677-250-062 Agreement for Acquisition of Real Property and Escrow Instructions earnest money deposits pursuant to Section 1.3, (b) an additional SEVEN HUNDRED FIFTY THOUSAND DOLLARS and 00/100 ($750,000) in cash at closing. 1.3_ Deposit. Within three (3) business days after the Opening of Escrow (defined below), Buyer shall deposit with Escrow Holder(defined below) by wire transfer the sum of ZERO DOLLARS and 00/100 ($0.00) (the "Deposit"), which Escrow Holder shall invest in an interest bearing account with interest accruing for the benefit of Buyer. 2. ESCROW AND CLOSING, 2.1. Opening of Escrow. Within two (2) business days after execution of this Agreement by the last of Seller or Buyer, Buyer shall open an escrow (the "Escrow") with First American Title Company, 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. 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. The Close of Escrow shall occur on or before .Dec. 31 , 2008 (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. 2.4. Closing Documents. The parties shall deposit the following with Escrow Holder prior to the Close of Escrow: 2.4.1 Buyer's Deposits. Buyer shall deposit: (a) The balance of the cash payment, less the Deposit and all interest accrued thereon (the "Purchase Price Balance"), together with Buyer's escrow and other cash charges; and (b) A Certificate of Acceptance for the Grant Deed in the form of Exhibit C on Buyer letterhead. 2.4.2 Seller's Deposits. Seller shall deposit: (a) The Grant Deed in the form of Exhibit B attached hereto, the Property subject only to the Permitted Exceptions (defined below); (b) An Assignment and Bill of Sale of all of Seller's right, title and interest in and to any and all entitlements and plans pertaining to the Property, and any personal property comprising the Property, in the form attached hereto as Exhibit D (the "Assignment"); Gene Autry Gateway Landscape Project Page 2 of 9 Wickremesinghe APN 677-250-062 Agreement for Acquisition of Real Property and Escrow Instructions 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. Closing, 2.5.1 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 (inclusive of the Deposit and accrued interest), and (v) deliver to Buyer the Assignment, the Title Policy covering the Property subject only to the Permitted Exceptions. Any and all financial encumbrances are disapproved by Buyer and must be removed from title prior to conveyance. 2.5.2 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. 2,5.3 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. Any and all financial encumbrances are disapproved by Buyer and must be removed from title prior to conveyance. 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 all parties. The Purchase Price includes, but is not limited to, full payment for such possession and use. 4. HAZARDOUS SUBSTANCES. Seller represents and warrants that 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 Gene Autry Gateway Landscape Project Page 3 of 9 Wickremesinghe APN 677-250-062 Agreement for Acquisition of Real Property and Escrow Instructions 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 E attached hereto. At any time prior to the Close of 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. In the event Buyer discovers the presence of Hazardous Substances on, in, under or about the Property prior to the Closing Date and Seller fails or refuses to remove and dispose of such Hazardous Substances in accordance with all applicable laws referred to on Exhibit E attached hereto, Buyer may terminate this Agreement, whereupon all of Buyers Deposit and any interest accrued thereon shall be returned to Buyer_ Seller shall defend, indemnify and hold harmless Buyer and its officers, directors, employees, agents, shareholders, attorneys and their respective representatives and successors in interest (collectively, the "Indemnitee") from any liability, loss, cost, damage or expense, including, without limitation, court costs, expert witness fees and attorneys' fees, that Indemnitee may suffer or incur as a result of any claim, demand, action, cost or judgment made or obtained by any individual, partnership, cooperation, entity, governmental agency or person which arises out of or results from the presence or existence of Hazardous Substances above, below or on the Property to the extent that such Hazardous Substances are or were located in such locations prior to the Close of Escrow. 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. 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. Gene Autry Gateway Landscape Project Page 4 of 9 Wickremesinghe APN 677-250-062 Agreement for Acquisition of Real Property and Escrow Instructions 6. GENERAL PROVISIONS. 6.1. 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. 6.2. 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. 6.3. 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. 6.4. 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. 6.5, 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. 6.6. 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. Gene Autry Gateway Landscape Project Page 5 of 9 Wickremesinghe APN 677-250-062 Agreement for Acquisition of Rcal Property and Escrow Instructions 6.7. 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: Marcus L Fuller, RE., P.L.S. Assistant Director of Public Works Department of Public Works & Engineering City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Facsimile No.: (760) 322-8325 Telephone No.: (760) 323-8253 With a copy to: Attn: Douglas C. Holland, Esq. City Attorney c/o Woodruff, Spradlin & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, CA 92626 Facsimile No.: (714) 835-7787 Telephone No.: (714) 558-7000 If to Seller, to: Attn: Lakshman Wickremesinghe 2965 N. Puerta Del Sol Palm Springs, CA 92262 Facsimile No.: (760) 322-8725 Telephone No.: (760) 322-8825 If to Escrow Holder, to: Attn: Jeanne Gould, Senior Escrow Officer First American Title Company 5 First American Way Santa Ana, CA 92707 Facsimile No.: (714) 913-6372 Telephone No.: (714) 250-5381 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. Gene Autry Gateway Landscape Project Page 6 of 9 Wickremesinghe APN 677-250-062 Agreement for Acquisition of Real Property and Escrow Instructions 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. 6.8 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] Gene Autry Gateway Landscape Project Page 7 of 9 Wickremesinghe APN 677-250-062 Agreement rorAcciWaition or Real Property and Escrow Instructlons 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. Re � Nam e:Lakshman Wic remesin e Mtyanager Attest. By: Name:Chrisanthie Wickremesinghe Yylerk sT C ' By: Approved as tSrm by: Name:De wan ickremesinghe WOOD SP DLIN MART Dou las C. olland, Esq. City A rney APPROVED BY CITY COUNCIL Exhibit List Exhibit A - Legal Description of the Property Exhibit B -- Form of Grant Deed Exhibit C -Form of Certificate of Acceptance Exhibit D -- Form of Blanket Assignment and Bill of Sale Exhibit E - Definition of Hazardous Substances Gene Autry Gateway Landsrape Project Page 8 or Wlckremesinghe APN 677-250.062 Agreement for Acquisition of Real Property and Escrow Instructions 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, 'r By: David eady Name:Lakshman Wickremesin e City Manger ft i9 a By- Name-Chrisanthie Wickremesinghe ie Th sorryy C I By: ZApp as to form by: Name:De uwan ickremesinghe V 0 RUFF, SPRADLIN & SMART Douglas C. Holland, Esq. City Attorney Exhibit List Exhibit A -- Legal Description of the Property Exhibit B -- Form of Grant Deed Exhibit C -- Form of Certificate of Acceptance Exhibit D -- Form of Blanket Assignment and Bill of Sale Exhibit E -- Definition of Hazardous Substances Gene Autry Gateway Landscape Project Page 8 of 9 Wickremesinghe APN 677-250-062 Agreement for Acquisition of Real Property and Escrow Instructions ACCEPTANCE BY ESCROW HOLDER: First American Title Company hereby acknowledges that it has received a fully executed counterpart of the foregoing Agreement for Acquisition of Real Property and Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. Date: FIRST AMERICAN TITLE COMPANY By: Name: Its: Gene Autry Gateway Landscape Project Page 9 of 9 Wickremesinghe APN 677-250-062 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: Gene Autry Gateway Landscape Project Wickremesinghe APN 677-250-062 Order Number: 0625-2520369 (CG) Page Number; 7 I LEGAL DESCRIPTION Real property in the City of Palm Springs, County of Riverside, State of California, described as follows: i THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 7,TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 7;THENCE SOUTH 89° 51' 56" �I EAST,ALONG THE NORTH LINE OF SAID SECTION 7,A DISTANCE OF 1320.41 FEET TO A B POINT OF INTERSECTION WITH THAT CERTAIN LINE SHOWN AS THE EAT LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7 ON BARBARA TRACT UNIT NO. 1 AS SHOWN BY MAP ON FILE IN BOOK 39 PAGE(S) 57 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;THENCE SOUTH 00 16'31" EAST,A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 1613111 EAST, A DISTANCE OF 1026.98 FEET-TO A POINT ON THE WESTERLY RIGHT-DF-WAY LINE OF GENE AUTRY TRAIL(FORMERLY BOGIE ROAD AND BEING 100.00 FEET IN WIDTH);THENCE NORTH 110 37' 13" EAST, ALONG # SAID WESTERLY RIGHT-OF-WAY LINE,A DISTANCE OF 367,44 FEET TO THE BEGINNING OF A tl TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 950,00 FEET;THENCE NORTHERLY ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 11- 53' 46", A DISTANCE OF 197.24 FEET;THENCE TANGENT TO SAID CURVE NORTH 0° 16'33"WEST, A DISTANCE OF 470.91 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 50,00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID SECTION 7;THENCE NORTH 89'51'56"WEST, ALONG SAID PARALLEL LINE,A DISTANCE OF 96.14 FEET TO THE TRUE POINT OF BEGINNING; COMPRISING 1.75 ACRES, MORE OR LESS. FlwAmerican 77tle EXHIBIT B FORM OF GRANT DEED RECORDING REQUESTED BY First American Title Insurance Company WHEN RECORDED RETURN TO: Attn: Marcus L. Fuller Assistant Director of Public Works Department of Public Works & Engineering CITY OF PALM SPRINGS 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording changes under Government Code§6103 GRANT DEFD APN: 677-250-062 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, LAKSHMAN WICKREMESINGHE and CHRISANTHIE WICKREMESINGHE, husband and wife, and DEEPIKA RUWAM WICKREMESINGHE, a single man, all 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 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. Gene Autry Gateway Landscape Project Wickremesinghe APN 677-250-062 SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real properly 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: By: Name:Lakshman Wickremesinghe Date: By: Name:Chrisanthie Wickremesinghe Date: By: Name:Deepika Ruwan Wickremesinghe Gene Autry Gateway Landscape Project Wickremesinghe APN 677-250-062 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: This area for official notarial seal Gene Autry Gateway Landscape Project Wickremesinghe APN 677-250-062 Exhibit "A" to the Grant Deed LEGAL DESCRIPTION OF THE PROPERTY REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: Gene Autry Gateway Landscape ProjeG[ Wickremesinghe APN 677-250-062 Order Number: 0625-2520369 (CG) Page Number: 7 LEGAL DESCRIPTION 1 Real property in the 0ty of Palm Springs, County of Riverside, State of California, described as follows: i THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 7,TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 7;THENCE SOUTH 890 51' 56" EAST,ALONG THE NORTH LINE OF SAID SECTION 7,A DISTANCE OF 1320,41 FEET TO A POINT OF INTERSECTION WITH THAT CERTAIN LINE SHOWN AS THE EAT LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7 ON BARBARA TRACT UNIT N0. 1 AS SHOWN BY MAP ON FILE IN BOOK 39 PAGE(S) 57 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;THENCE SOUTH 00 16'31" EAST,A DISTANCE OF 50,00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 I6' 31"EAST, A DISTANCE OF 1026.98 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF GENE AUTRY TRAIL(FORMERLY BOGIE ROAD AND BEING 100.00 FEET IN WIDTH);THENCE NORTH 110 37' 13" EAST,ALONG SAID WESTERLY RIGHT-OF-WAY LINE,A DISTANCE OF 367.44 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 950,00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 110 53'46",A DISTANCE OF 197,14 FEET;THENCE TANGENT TO SAID CURVE NORTH 0° 16'33"WEST,A DISTANCE OF 470.91 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 50,00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID SECTION 7;THENCE NORTH 891 51' 56"WEST, ALONG SAID PARALLEL LINE,A DISTANCE OF 96.14 FEET TO THE TRUE POINT OF BEGINNING; COMPRISING 1.75 ACRES, MORE OR LESS. FirstAmerican Title EXHIBIT C CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Grant Deed from Lakshman Wickremesinghe and Chrisanthie Wickremesinghe, husband and wife, and Deepika Ruwan Wickremesinghe, a single man, all as joint tenants, dated , 2008, to the City of Palm Springs, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City of Palm Springs, pursuant to authority conferred by Resolution of the City Council of the City of Palm Springs, and the Buyer consents to recordation thereof by its duly authorized officer. CITY OF PALM SPRINGS By: Name: David H. Ready Title: City Manager DATED: , 2008 Gene Autry Gateway Landscape Project Wickremesinghe APN 677-250-062 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss COUNTY OF RIVERSIDE ) On , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: This area for official notarial seal Gene Autry Gateway Landscape Project Wickremesinghe APN 677-250-062 EXHIBIT D BLANKET ASSIGNMENT AND BILL OF SALE LAKSHMAN WICKREMESINGHE and CHRISANTHIE WICKREMESINGHE, husband and wife, and DEEPIKA RUWAN WICKREMESINGHE, a single man, all as joint tenants, (collectively hereinafter, "Seller"), and CITY OF PALM SPRINGS, a municipal corporation ("Buyer"), have previously entered into that certain Agreement for Acquisition of Real Property and Escrow Instructions dated as of , 2008 (the "Agreement"), pursuant to which Seller agreed to sell and convey, and Buyer agreed to purchase and acquire, that certain property located in the City of Palm Springs, County of Riverside, California and described in more detail on Exhibit A attached hereto and made a part hereof and the improvements located thereon and the rights, privileges and entitlements incident thereto (the "Property")- For good and valuable consideration, receipt of which is hereby acknowledged, Seller does hereby, give, grant, bargain, sell, transfer, assign, convey and deliver to Buyer, all of Seller's right, title and interest in all assets, rights, materials and/or claims used, owned or held in connection with the use, management, development or enjoyment of the Property, including, without limitation: (i) all entitlements, subdivision agreements and other agreements relating to the development of Property; (ii) all plans, specifications, maps, drawings and other renderings relating to the Property; (iii) all contract rights, indemnities, warranties, claims and any similar rights relating to and benefiting the Property or the assets transferred hereby; (iv) all intangible rights, goodwill and similar rights benefiting the Property; (v) all development rights benefiting the Property; (vi) all rights, claims or awards benefiting the Property, and (vii) all rights to receive a reimbursement, credit or refund from the applicable agency or entity of any deposits or fees paid in connection with the development of the Property. Seller hereby covenants that it will, at any time and from time to time upon written request therefor, execute and deliver to Buyer, its nominees, successors and/or assigns, any new or confirmatory instruments and do and perform any other acts which Buyer, its nominees, successors and/or assigns, may request in order to fully transfer possession and control of, and protect the rights of Buyer, its nominees, successors and/or assigns in, all the assets of Seller intended to be transferred and assigned hereby. SELLER By: By,- Name:Laksman Wickremesinghe Name'Deepika Ruwan Wickremesinghe By: Name:Chrisanthie Wickremesinghe Gene Autry Gateway Landscape Project Wickremesinghe APN 677-250-062 Exhibit"A" to Blanket Assignment and Bill of Sale LEGAL DESCRIPTION OF THE PROPERTY REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS- Gene Autry Gateway Landscape Project Wickremesinghe APN 677-250-062 Order Number: 0625-2520369 (CG) Page Number: 7 I � I. II � i LEGAL DESCRIPTION j I Real property in the City of Palm Springs, County of Riverside, Stake of California, described as follows: i THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 7,TOWNSHIP 4 SOUTH, RANGE 5 EAST, li SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 7;THENCE SOUTH 890 51' 56" EAST,ALONG THE NORTH LINE OF SAID SECTION 7,A DISTANCE OF 1320.41 FEET TO A POINT OF INTERSECTION WITH THAT CERTAIN LINE SHOWN AS THE EAT LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7 ON BARBARA TRACT UNIT NO. 1 AS SHOWN BY MAP ON TILE IN BOOK 39 PAGE(S) 57 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;THENCE SOUTH 0° 16' 31" EAST,A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 16' 31"EAST,A DISTANCE OF 1026.98 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF GENE AUTRY TRAIL(FORMERLY BOGIE ROAD AND BEING 100.00 FEET IN WIDTH);THENCE NORTH 110 37' 13" EAST,ALONG SAID WESTERLY RIGHT-OF-WAY LINE,A DISTANCE OF 367.44 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 950.00 FEET;THENCE NORTHERLY ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 110 53' 46", A DISTANCE OF 197.24 FEET;THENCE TANGENT TO SAID CURVE NORTH 00 16, 33"WEST,A DISTANCE OF 470.91 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 50.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID SECTION 7; THENCE NORTH 890 51'56"WEST, ALONG SAID PARALLEL LINE,A DISTANCE OF 96.14 FEET TO THE TRUE POINT OF BEGINNING; l COMPRISING 1.75 ACRES, MORE OR LESS. FlwAmencan 77t1e EXHIBIT E 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, perch loroethylene 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 s�Mc., the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801, et sec., or the Resource Conservation and Recovery Act, 42 U_S.C. §§ 6901, et sec .; (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; Gene Autry Gateway Landscape Project Wickremesinghe APN 677-250-062 (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 seq.; (8) any radioactive material including, without limitation, any "source material', "special nuclear material', "by-product 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.G. §§ 2011 et sec., 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 sec 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. Gene Autry Gateway Landscape Project Wickremesinghe APN 677-250-062