HomeMy WebLinkAboutA4514 - UDO KIERSPE FRANCIS CROCKER LIBRARY PROPERTY SALE MO7091 RECORDING REQUESTED BY Udo %ierspe
CHICAGO TITLE COMPANY
AND WHEN RECORDED MAIL TO Grant Deed
� AGRE11`iENT' #4514
' UDO KIERSPE M07091, 6-5-02
L J
Escrow No. 27021824 - 1178
Order No 27031824 = 253 SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No:
GRANT DEED 501-590-007-3
THE UNDERSIGNED GRANTOR(S)DECLARE(S)
DOCUMENTARY TRANSFER TAXIS NONE-CITY ENTITY
❑ unincorporated area X❑ City of
X❑ computed on the full value of the interest or property conveyed,or is
❑ computed on the full valueless the value of liens or encumbrances remaining at time of sale,and
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION
hereby GRANT(S) to
UDO KIERSPE
the following described real property in the City of
County of RIVERSIDE ,State of California:
THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 4
SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIALL PLAT THEREOF.
Dated A0,5 St EJ J 0 0'� CITY OF PALM SPRINGS, A MUNICIPAL
1 CORPORATION
STATE OF (- a/r-�0 r n t tttt
COUNTY OF
On U US Is a00 before me, - --.
TVdl1 P, , NiC. O � S City er
a Notary Public in and for said County and State,personally appeared
i1Q V i A H 'YAP d V Q In d Attes
rlC_tQ A —YlderS City Clerk
personally known to me ( siset-satisfactory
c+tideReej to be the person() whose name® i re subscribed to the JUDffH A.NICHOLS
within instrument d acknowledged to me that they xecuted the S COMM..1 J.Ct7t?g
same in the' authorized capaci es and tha y kdefMer heir
signature( on t Instrument the person ',�or the entity upon behalf of W tei �� Notary Public•CallfomlE UIRi
which the person acted,executed the instrument. RIVERSIDE COUNTY S
My CMIM.Eyp.May 21,2004
WITNESS my hand and official seal.
Mau (.�
Signature of Nota Date My G mm I sio Expires 1 FOR NOTARY SEAL OR STAMP
MAIL C STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE: IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE
Name Street Address City,State&Zip
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N City of Palm Springs
* Office of the City Clerk
* HOO"✓ogaso`9° 3200 Tahgwa Canyon Way • Palm Springs,California 92262
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TEL (760)323-8204 • PAX:(760)322-8332 •TDD (760)864-9527
/FOR�
August 16, 2002
Ms. Dawn M. Martin
Escrow Officer
Chicago Title Company
750 North Palm Canyon Drive
Palm Springs, CA 92262
Dear Ms. Martin:
Enclosed please find the original Grant Deed regarding Lido Kierspe, Escrow No.
027031824 F78, signed and notarized, as per your request. In addition, I have enclosed
a copy of page 11 of the original agreement, A4514.
If you need any additional information, please give me a call.
Sincerely,
4L�."�
Barbara J. White
Assistant City Clerk
cc: Josette McNary, Palm Springs Library
File
Post Office Box 2743 0 Palm Springs, California 92263-2743
CHICAGO TITLE COMPANY
750 NORTH PALM CANYON DRIVE, PALM SPRINGS, CALIFORNIA 92262
(760)320-7512 Fax (760)327-5388
August 14,2002
BARBARA WHITE
CITY OF PALM SPRINGS
3200 EAST TAHQUITZ CANYON WAY r
PALM SPRINGS, CALIFORNIA
Re: CALIFORNIA
Escrow No: 027031824 F78
Dear Ms.White:
In connection with the above referenced escrow,we enclose the following items:
PLEASE SIGN AND RETURN (RETAIN ADDITIONAL COPY FOR YOUR FILES):
PLEASE SIGN THE FOLLOWING BEFORE A NOTARY PUBLIC AND RETURN:
Grant Deed
l PLEASE NOTE THAT I WILL NEED A COPY OF PAGE 11 SIGNED BY CITY CLERK OF ORIGINAL
A AGREEMENT BEFORE CLOSING.
\f we can provide any additional information or answer any questions you may have, please give us a call.
IIIl1l Thank you for choosing Chicago Title Company.
Sincerely,
CHICAGO TITLE CPANY
awn) Martin
Escrow Officer
S1LTR--08/22/98bk
0 Udo %ierspe
Francis Crocker Library Sale
AGREEMENT #4514
M07091, 6-5-02
AGREEMENT FOR PURCHASE
AND
SALE OF REAL PROPERTY
(ESCROW INSTRUCTIONS)
By and Between
UDO KIERSPE
(as Buyer)
and the
CITY OF PALM SPRINGS
(as Seller)
Dated�U�a.. � , 2002
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AGREEMENT FOR PURCHASE AND SALE OF REAL
PROPERTY (ESCROW INSTRUCTIONS)
THIS AGREEMENT is entered into this,_ ay of 2002 by and
between Udo Kierspe, an individual (hereinafter called `Buye ), and the City of Palm
Springs (hereinafter called "Seller") for the purchase and sale of certain real property
hereinafter set forth.
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS
FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer,
and Buyer agrees to purchase from Seller, upon the terms and for the consideration set
forth in this agreement, all that certain real property (hereinafter called "Property")
situated in the City of Palm Springs, County of Riverside, State of California, and legally
described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
2. PURCHASE PRICE. The total purchase price, payable in cash through
escrow, shall be the sum of THREE HUNDRED THOUSAND DOLLARS
($300,000.00).
3. CONVEYANCE OF TITLE. Seller agrees to convey by Chant Deed to Buyer
marketable fee simple title to the Property free and clear of all recorded and unrecorded
liens, encumb>arlces, assessments, easements, leases, and taxes except: Quasi-public
utility, public alley, public street easements, and rights of way of record.
4. TITLE INSURANCE POLICY. Escrow Agent shall, following recording of
deed to Buyer, provide Buyer with CLTA Standard Coverage Policy of Title hnsurance in
the amount of $300,000.00, issued by Chicago Title showing the title to the property
vested in Buyer, subject only to the exceptions set forth in Paragraph 3 and the printed
exceptions and stipulatiolvS in said policy. Buyer agrees to pay the premium charged
therefore.
5. ESCROW. Buyer agrees to open an escrow in accordance with this
Agreement at an escrow company of Buyer's choice to be determined at a later date.
'[his Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow
Agent to whom these instructions are delivered is hereby empowered to act under this
Agreement. The parties hereto agree to do all acts necessary to close this escrow in the
shortest possible time but in no event later than September 1, 2002.
IRV 912979 v3
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in the event that this Agreement is terminated by Buyer for any reason other than failure
to deliver clear title or failure to obtain a zoning change. In the event of failure to obtain
zone change, the deposit shall be refundable less % of any escrow costs and less the
amoLmt of legal costs incurred by the Seller as a result of this transaction, not to exceed
Two Thousand Dollars ($2,000.00). Upon close of escrow said amount shall be credited
toward the purchase price.
Insurance policies for fire or casualty are not to be transferred, and Seller will
cancel his own policies after close of escrow.
All funds received in this escrow shall be deposited with other escrow fiords in a
general escrow accormt(s) and maybe be transferred to any other such escrow trust
account in any State or National Bank doing business in the State of California. All
disbursements shall be made by check from such accounn.
ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY
WITH THE FOLLOWING TAX ADJUSTMENT PROCEDURE:
A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and
interest thereon, and for any delinquent or non-delinquent assessments or
bonds against the Property;
B. In the event this escrow closes between July I and November 1, and
current tax information is not available from title insurer, Escrow Agent is
instructed to withhold from Seller's proceeds an amount equal to 120% of
the prorated amount due based upon the previous fiscal year's second half
tax bill At such time that the tax information is available, Escrow Agent
shall make a check payable to the County Tax Collector for Seller's
prorated portion of taxes and forward same to the Buyer and shall refund
any difference to the Seller. In the event the amount withheld is not
sufficient to pay Seller's prorated portion of taxes due, the Seller herein
agrees to immediately pay the difference;
In the event said tax information is available, Seller's taxes shall be prorated in
accordance with Paragraph "C"below.
C. From the date that tax information is available, as per Paragraph `B", up
to and including June 30th, Seller's current taxes, if unpaid, shall be
prorated to date of close of escrow on the basis of a 365 day year in
accordance with Tax Collector's proration requirements, together with
penalties and interest, if said current taxes are unpaid after December 10
and/or April 10. At close of escrow, check payable to the County Tax
Collector for Seller's prorata portion of taxes shall be forwarded to Buyer
with closing statement;
D. Any taxes which have been paid by Seller, prior to opening of this escrow,
shall not be prorated between Buyer and Seller, but Seller shall have the
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sole right, after close of escrow, to apply to the County Tax Collector of
said county for refund. This reftmd would apply to the period after
Buyer's' acquisition, pursuant to Revenue and Taxation Code Section
5096.7.
ESCROW AGENT IS AUTHORIZED TO, AND SHALL:
E. Pay and charge Seller, upon Seller's written approval, for any amount
necessary to place title in the condition necessary to satisfy Paragraph 3 of
this Agreement;
F. Pay and charge Buyer one-half and Seller one-half for any escrow fees,
charges, and costs payable under Paragraph 6 of this Agreement;
G. Disburse fiords and deliver grant deed when conditions of this escrow
have been fulfilled by Buyer and Seller.
The term "close of escrow", if and where written in these instructions, shall mean
the date necessary instruments of conveyance are recorded in the office of the County
Recorder. Recordation of instruments delivered through this escrow is authorized if
necessary or proper in the issuance of said policy of title insurance.
All time limits within which any matter herein specified is to be performed may
be extended by mutual agreement of the parties hereto. Any amendment of, or
supplement to, any instructions must be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS
TO CLOSE AS SOON AS POSSIBLE, but no later than sixty (60) days from opening,
unless otherwise agreed to by the parties in writing. If(except for deposit of money by
Buyer, which shall be made by Buyer upon demand of Escrow Agent before close of
escrow) this escrow is not in condition to close within 60 days from date of these
instructions because all conditions to this escrow have not been complied with, any party
who then shall have frilly complied with his requirements may, in writing, demand the
return of his money or property; but if none have complied no demand for return thereof
shall be recognized until five (5) days after Escrow Agent shall have mailed copies of
such demand to all other parties at the respective addresses shown in these escrow
instructions, and if any objections are raised within said five (5) day period, Escrow
Agent is authorized to hold all papers and docurnents until instructed by a court of
competent jurisdiction or mutual instructions. If no demands are made, proceed with
closing of this escrow as soon as possible.
Responsibility for Escrow Agent under this Agreement is expressly limited to
Paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10, 18, 19 and to its liability under any policy of title
insurance issued in regard to this transaction.
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6. ESCROW FEES, CHARGES AND COSTS. Buyer and Seller shall each pay
one-half of the escrow fees and each shall bear other charges and costs as is standard and
customary.
7. RIGHT OF BUYER TO ENTER PROPERTY. Seller grants to Buyer, or
Buyer's agent, the right, at any time and from time to time within thirty (30) days after
the opening of the escrow for this transaction, to enter onto the Property to conduct tests
or investigations, including but not limited to tests necessary to determine engineering,
geological, soils, environmental, and other conditions of the Property, provided that:
A. The acts shall be conducted at the sole cost and expense of Buyer;
B. The acts do not unreasonably interfere with Seller's possession;
C. Buyer shall indemnify and hold Seller harmless from any costs or liability
resulting from the acts, and, if the escrow is canceled for a reason that is
not the fault of the Seller, for any physical damage to the Property
resulting from the acts; and
D. Buyer shall give Seller written notice of the intention to enter two (2) days
prior to the date of the planned entry.
8. AS IS. Buyer acknowledges and agrees that the Property is to be sold and
conveyed to, and accepted by Buyer, in an "as is" condition with all faults. Prior to the
Close of 13scrow, Buyer will have investigated and have knowledge of the actual size of
the Property, and the operative or proposed governmental laws and regulations
(including, but not limited to, zoning, environmental and land use laws, regulations and
permit conditions and agreements), and any private restrictions to which the Property is
or may become subject and accepts the Property solely upon the basis of Buyer's own
review and determination of the applicability and effect of such law, regulations and
permit conditions and agreements. Buyer acknowledges that Buyer is entering into this
Agreement on the basis of Buyer's own investigation of the physical and environmental
conditions of the Property, including subsurface conditions, and Buyer hereby assumes
the risk that adverse physical and environmental conditions may not have been revealed
by Buyer's own investigation. Buyer further aeluiowledges that Seller, its agents and
employees and other persons acting on behalf of Seller have made no representation or
warranty of any kind in connection with any matter relating to the condition, value,
fitness, use or governmental regulation of the Property upon which Buyer has relied
directly or indirectly for any purpose.
9. COUNTERPARTS. This agreement 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 all such counterparts together shall constitute one and the same
instrument.
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10. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of
Seller's statement to Buyer to ascertain if any reimbursements are due Seller.
11. LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the real
property or 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 real property or any improvements thereon, by fire or other casualty,
occurs prior to the recordation of the Grant Deed, Buyer may elect to require that the
Seller pay to Buyer the proceeds of any insurance which may become payable to Seller
by reason thereof, or to permit such proceeds to be used for the restoration of the damage
clone, or to reduce the total price by an amount equal to the diminution in value of said
property by reason of such loss or damage or the amount of insurance payable to Seller,
whichever is greater.
12. [RESERVED]
13. POSSESSION OF REAL PROPERTY. Possession of real property shall be
given to Buyer upon the recording of Seller's deed.
14. WARRANTIES. REPRESENTATIONS, AND COVENANTS OF SELLER.
Seller hereby warrants, represents, and/or covenants to Buyer that:
A. To the best of Seller's knowledge, there are not actions, suits, material
claims, legal proceedings, or any other proceedings affecting the property
or any portion thereof, at law, or in equity before any court or
govenmiental agency, domestic or foreign.
B. Until the closing, Seller shall not do anything which would impair Seller's
title to any of the property.
C. Until the closing, Seller shall, upon learning of any fact or condition which
would cause any of the warranties and representations in this Warranties,
Representations, and Covenants of Seller Section not to be true as of
closing, iramcdiately give written notice of such fact or condition to
Buyer.
15. HAZARDOUS WASTE. Seller believes at the present time that neither Seller
nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of
the Property used, generated, released, discharged, stored, or disposed of any hazardous
waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or
about the Property, or transported any Hazardous Materials to or from the Property.
Buyer shall not cause or permit the presence, use, generation, release, discharge, storage,
or disposal of any hazardous Materials on, under, in, or about, or the transportation of
any llazardous Materials to or from. the Property. The term "Hazardous Material" shall
mean any substance, material, or waste which is or becomes regulated by any local
governmental authority, the State of California, or the United States Govermnent,
including, but not limited to, any material or substance which is (i) defined as a
IRV 412979 v3
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"hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under
Section 25115, 25117 or 25122.7. or listed pursuant to Section 25140 of the California
Health and Safety Code, Division 20, Chapter 6.5 (Iazardous Waste Control l.aw), (ii)
defined as "hazardous substance" under Section 25316 of the California Health and
Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tamier Hazardous Substance
Account Act), (iii) defined as a "hazardous material", "hazardous substance", or
"hazardous waste" under Section 25501 of the California Health and Safety Code,
Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory),
(iv) defined as a "hazardous substance" under Section 25281 of the California Health and
Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances),
(v) petroleum or any petroleum product or fraction thereof or additive thereto, (vi)
asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as
"hazardous" or "extremely hazardous" pursuant to Article I 1 of Title 22 of the California
Administrative Code, Division 4, Chapter 20, (ix) designated as a"hazardous substances"
pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 5131 ), (x) defined as a
"hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery
Act, 42 U.S.C. 56901 et seg. (42 U.S.C. 56903) or (xi) defined as a "hazardous
substances" pursuant to Section 101 of the Comprehensive Enviromnental Response,
Compensation, as amended by Liability Act, 42. U.S.C. 59601 et sen. (421U.S.C. S9601).
16. COMPLIANCE WITH ENVIRONMENTAL LAWS. Based upon the
Seller's Phase I Report, Seller believes at the present time that to the best of Seller's
knowledge the Property complies with all applicable laws and governmental regulations
including, without limitation, all applicable federal, state, and local laws pertaining to air
and water quality, hazardous waste, waste disposal, and other environmental matters,
including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution
Control, Solid Waste Disposal, Resource Conservation and Recovery and Comprehensive
Enviromncntal Response Compensation and Liability Acts, and the California
Environmental Quality Act, and the rules, regulations, and ordinances of the city within
which the subject property is located, the California Department of Health Services, the
Regional Water Quality Control Board, the State Water Resources Control Board, the
California Environmental Protection Agency, the U.S. Environmental Protection Agency,
and all applicable federal, state, and local agencies and bureaus.
17. ZONING CONTINGENCY. It is understood and agreed between the parties
hereto, that this transaction is contingent upon the Buyer obtaining approval for a zone
change from "O" to "R," for a residence, pursuant to all City requirements necessary to
receive such approval.
18. TITLE CONTINGENCY. It is understood and agreed between the parties
hereto that the completion of this transaction, and the escrow created hereby, is
contingent upon the specific acceptance and approval of the Buyer herein. The execution
of these docunnents and the delivery of same to Escrow Agent constitutes said acceptance
and approval, contingent upon Buyer's approval of any title exceptions delineated in the
most recent preliminary title report issued prior to close of escrow.
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19. ENVIRONMENTAL CONTINGENCY. It is understood and agreed upon by
and between the parties hereto that this escrow is subject to and conditioned upon
Buyer's acceptance of the environmental conditions at, under and about the Property and
the absence from the Property of Hazardous Materials and any other kind of soil or water
contamination. Seller further authorizes the Buyer, its agents or assigns to enter upon the
subject property for the purpose of assessing the environmental conditions at and around
the Property including conducting any Environmental Investigation as deemed necessary
by the Buyer.
It is further understood and agreed upon by and between the parties hereto that if
any contamination is discovered during the above mentioned testing: (i) Seller may elect
to clean up such contamination at Seller's expense, and if Seller so elects, escrow shall
close as soon as possible after Buyer delivers the signed instruction as described in this
Section; or (ii) if Seller elects not to clean up the contamination, Buyer may elect to
cleanup the contamination at Buyer's expense, and if Buyer so elects, escrow shall close
as soon as possible after Buyer delivers the signed instruction as described in this
Section; or (iii) if neither Seller nor Buyer elects to clean up the contamination, either
party may terminate this Agreement.
Any other provisions of this Agreement notwithstanding, Buyer, in its sole
discretion, may elect to rescind this Agreement and cancel any escrow which may have
been opened pursuant hereto in the event soils conditions are not acceptable to Buyer or
there is present on the Property, Hazardous Materials or other toxic or hazardous
substances or any other kind of soil or water contamination.
If Buyer approves the environmental condition of the Property, Buyer shall hand
Escrow Holder a signed instruction prior to the close of escrow stating that the
environmental contingency has been either satisfied or waived, and authorizing Escrow
Holder to proceed with the close of escrow.
20. CONFLICT OF INTEREST. No officer or employee of the Buyer shall have
any financial interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which effects his financial
interest or the financial interest of any corporation, partnership or association in which he
is, directly or indirectly, interested, in violation of any State statute or regulation. The
seller warrants that it has not paid or given and will not pay or give any third party any
money or other consideration for obtaining this Agreement.
21. NOTICE. Any notice, demand, request, docuument, consent, approval, or
communication either party desires or is required to give to the other party or any other
person shall be in writing and either served personally or sent by prepaid, first-class mail,
in the case of the Buyer, to Udo Kiersp c. 1611 Sargent Place, Los Angeles, CA 90026.
IRV 412979 v3
22. 1NTERPRETATION. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply.
23. INTEGRATION; AMENDMENT. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement
supersedes and cancels any and all previous negotiations, arrangements, agreements and
understandings, if any, between the parties, and none shall be used to interpret this
Agreement. This Agreement may be amended at any time by the mutual consent of the
parties by at instrument in writing.
24. SEVERABILITY. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
portions of this Agreement which are hereby declared as severable and shall be
interpreted to carry out the intent of the parties hereunder unless the invalid provision is
so material that its invalidity deprives either party of the basic benefit of their bargain or
renders this Agreement meaningless.
25. WAIVER. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the
party's consent or approval shall not be deemed to waive or render unnecessary the other
party's consent to or approval of any subsequent act. Any waiver by either party of any
default must be in writing and shall not be a waiver of any other default concerning the
sane or any other provision of this Agreement.
26. ATTORNEYS' FEES. If either party to this Agreement is required to initiate
or defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other
relief which may be granted, whether legal or equitable, shall be entitled to reasonable
attomey's fees, whether or not the matter proceeds to judgment.
27. AUTHORITY TO EXECUTE. The persons executing this Agreement on
behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii)
they are duly authorized to execute and deliver this Agreement on behalf of said party,
(iii) by so executing this Agreement, such party is formally bound to the provisions of
this Agreement, and (iv) the entering into this Agreement does not violate any provision
of any other Agreement to which said party is bound.
28. ASSIGNMENT. Buyer may not assign this Contract without Seller's prior
written consent.
29. GOVERNING LAW. This contract and the legal relations between the parties
shall be governed by and construed in accordance with the laws of the State of California.
IRV#12979 0
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The terns and conditions, covenants, and agreements set forth herein shall apply
to and bind the heirs, executors, administrators, assigns and successors of the parties
hereto.
This Agreement contains the entire agreement between both parties, neither party
relies upon any warranty or representation not contained in this Agreement.
[SIGNATURE PAGE ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year set forth hereinabove.
SELLER
CI hOF PALM SPRINGS
Dated. �l� ��
Milt Levinson, President
Board of Library Trustees
Aj_TQT
City Clerk David H. Ready, C' �- ager
APPROVED AS TO FORM
BURICE, WILLIAMS & SORENSEN, LLP
�n;YA`ti�iGt�
Davi . leshire, City Attorney
BUYER
UDO KIERSPE, an individual
Dated: -
U 'o Kierspe
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EXHIBIT A
DESCRIPTION OF PROPERTY
The description of the subject property is:
Being a portion of the Southeast quarter of the Northwest quarter of Section 2, TAS.
RAE. S.S.B.&M. more paiticularly described as follows:
Beginning at the Northwest corner of said Southeast quarter of the Northwest quarter;
Thence South 00o 17' 16" West 673.25 feet to the TRUE POINT OF BEGINNING;
Thence North 890 57" 20" East 100.00 feet;
Thence South 00 17' 16" west 429.24 feet;
Thence South 890 57' 20" West 100.00 feet;
Thence North 00o 17' 16" East 429.25 feet to the TRUE POINT OF BEGINNING.
IRV#12979 v3 A-1 .
TABLE OF CONTENTS
Page No.
1. AGREEMENT TO SELL AND PURCHASE. .......................................................2
2. PURCHASE PRICE. ...............................................................................................2
3. CONVEYANCE OF TITLE....................................................................................2
4. TITLE INSURANCE POLICY. ..............................................................................2
5. ESCROW.................................................................................................................2
6. ESCROW FEES, CHARGES AND COSTS...........................................................5
7. RIGHT OF BUYER TO ENTER PROPERTY.......................................................5
8. AS IS........................................................................................................................5
9. COUNTERPARTS. .................................................................................................5
10. CLOSING STATEMENT. ......................................................................................6
11. LOSS OR DAMAGE TO IMPROVEMENTS........................................................6
12. [RESERVED] ..........................................................................................................6
13. POSSESSION OF REAL PROPERTY...................................................................6
14. WARRANTIES REPRESENTATIONS, AND COVENANTS OF
SELLER...................................................................................................................6
15. HAZARDOUS WASTE. .........................................................................................6
16. COMPLIANCE WITH ENVIRONMENTAL LAWS............................................7
17. ZONING CONTINGENCY. ...................................................................................7
18. TITLE CONTINGENCY.........................................................................................7
19. ENVIRONMENTAL CONTINGENCY.................................................................8
20. CONFLICT OF INTEREST....................................................................................8
21. NOTICE...................................................................................................................8
22. INTERPRETATION................................................................................................9
23. INTEGRATION; AMENDMENT. .........................................................................9
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24. SEVERABILITY.....................................................................................................9
25. WAIVER..................................................................................................................9
26. ATTORNEYS' FEES. .............................................................................................9
27. AUTHORITY TO EXECUTE.................................................................................9
28. ASSIGNMENT........................................................................................................9
29. GOVERNING LAW................................................................................................9
EXHIBIT A - DESCRIPTION OF PROPERTY
IRV 412979 v3 -Il-