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charges for late payment. All Customers, whether Single Family Residential Unit, Multi -Family Residential Unit, or Commercial and Industrial Unit accounts receiving Collection services from Franchisee shall be billed by the Franchisee quarterly as follows: for the quarter in which services are rendered, Franchisee shall bill thirty (30) Days into the quarter, and the bill shall be due thirty (30) Days thereafter. For Single Family Residential Unit accounts receiving Collection services from Franchisee, Franchisee shall meet with City to make specific arrangements for commencement of billing.
10.11 Delinquent Accounts.
10.11.1 Residential Delinquencies.
Franchisee shall provide at least three (3) monthly, written notices of delinquency/past -due account status to the occupants of any Residential Unit with a delinquent account and Franchisee shall otherwise make diligent efforts to resolve said account delinquencies, including but not limited to the reasonable use of a collection agency. Further, Franchisee shall be entitled to collect late charges upon delinquent accounts in accordance with the Bell Municipal Code, in addition, to charge a reasonable rate for the redelivery of Containers. Franchisee may use all commercially reasonable and lawful private collection efforts, whether self-directed or contracted, to collect amounts past due and owing from Residential Units. Except as provided below in connection with City’s failure to place delinquent accounts on the secured tax roll for collection, Franchisee shall not have the right to cease service to delinquent accounts unless specifically approved by City in writing.
City agrees to follow the procedure in the Bell Municipal Code to have the City Council consider placing qualifying delinquencies on the property tax roll for the amounts of such delinquent fees, plus legal fees and administrative costs.
Franchisee shall, by May 1st of each year or at such other time as agreed upon by City and Franchisee, notify City in writing as to whether it will request to have City place and collect qualifying delinquencies on the property tax roll. Franchisee shall be responsible for timely preparing, at no cost to City, all required information, reports, notices, and materials including without limitation, the report required by the Bell Municipal Code, and paying for any publication costs.
For the purposes of this Section, a “qualifying delinquency” is a Residential Premises Customer who has failed to fully satisfy all delinquencies following Franchisee’s exhaustion of all collection efforts specified in the first paragraph of this Section.
City shall pay Franchisee any money collected from payment of fees for qualifying delinquencies following collection through the property tax enrollment process, less any City fees and the City’s cost to administer the property tax roll lien process. City shall be entitled to charge an additional administrative fee to any outstanding amounts owed by a Residential Premises Customer that is added to the property tax roll to compensate City for administrative costs incurred for placing the qualifying delinquency on the tax roll.
In the event City does not agree to place delinquent residential accounts on the secured tax roll for collection pursuant to Franchisee’s request as provided above, Franchisee shall have the right to cease service to delinquent accounts.
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10.11.2 Commercial Delinquencies.
For Commercial Premises Customers whose accounts are more than ninety (90) Days past due, Franchisee shall make diligent efforts to resolve said account delinquencies, including but not limited to the reasonable use of a collection agency. Franchisee shall be entitled to collect late charges upon delinquent accounts in accordance with the Bell Municipal Code, Maximum Rate Schedule, and Applicable Law, in addition to charging a reasonable rate for the redelivery of Containers if applicable.
Franchisee may us e all commercially reasonable and lawful private collection efforts, whether self - directed or contracted, to collect amounts past due and owing from Commercial Premises, but shall not have the right to cease service to delinquent Commercial accounts until approved by City in writing and Franchisee’s exhaustion of all Collection efforts specified in this Section.
10.11.3 No Waiver of City Remedies to Address Public Nuisance.
Should Franchisee terminate service to any Customer in the City, nothing herein waives or supersedes the City’s rights to initiate code enforcement action(s) in response to the build-up, long- term stagnation, or misplacement of Solid Waste as a result of said termination of Franchisee’s service.
In addition, the City and Franchisee shall, at the option of either party, meet and confer in good faith to resolve any matters of public nuisance or Solid Waste build-up that resulted from a termination of service by Franchisee.
11. REPORTS AND ADVERSE INFORMATION; ACCOUNTING AND RECORDS.
11.1 Quarterly Report.
Franchisee shall submit to City a Quarterly Report in a form acceptable to City within forty-five (45) Days following the end of each calendar quarter, and shall at a minimum include the following information:
11.1.1 Collected Materials.
Volume of Discarded Materials Collected (in tons) by material type, Customer type, and by Approved Facility types;
11.1.2 Diverted Materials.
Volume of Discarded Material Diverted (in tons) by material type (in a manifest showing Diversion by commodity type; i.e., glass, cardboard, Organics, Recyclable metals, Compost/Mulch, etc.), and Customer type, as the result of Franchisee’s performance of the Recyclable Materials and Organic Waste Collection programs, in a manner consistent with the reporting requirements promulgated pursuant to AB 939 and SB 1383;
11.1.3 Disposed Materials.
Volume of Material Disposed (in tons) by material type and Customer type;
11.1.4 Recyclable Materials Sold.
A record of Recyclable Materials sold reflecting the quantity or tonnage sold of each category and resulting revenues;
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11.1.5 Complaints.
Information compiled concerning Customer complaints, along with a brief narrative describing any operational changes made to respond to complaints received and to prevent their reoccurrence in the future, if necessary; and
11.1.6 Contamination Notices.
A list of notices issued detailing contamination problems and Franchisee’s follow-up actions, including copies of contamination notices and warning letters issued during each month.
11.2 Annual Reports.
The City may require, by written notice given no later than the end of any calendar year, that within sixty (60) Days after the end of each calendar year, the Franchisee submit a written annual report, including, but not limited to, the following information:
11.2.1 Service Activities.
A summary of the previous year’s (or, in the case of the initial report year, the initial year’s) activities including, but not limited to, services began or discontinued during the reporting year, and the number of Customers for each class of service;
11.2.2 Compliance Progress.
A report, in a form satisfactory to the City, on the City’s progress in meeting, and maintaining its ability to meet its goals, under AB 939 and SB 1383, along with any recommended changes;
11.2.3 Gross Receipts.
Documents, if requested by the City, showing Gross Receipts of the Franchisee for services performed under this Agreement, including a statement detailing Gross Receipts from all operations conducted or permitted pursuant to this Agreement and report of all City fees paid, a list of Customers that are sixty (60) or more Days past due and include the following information for each delinquent account: name; service address; contact information; number of Days the account is delinquent; and method(s) the Franchisee has used to attempt collection of the bad debt, including date of such attempt(s).
11.3 AB 939 Reporting.
Franchisee shall assist the City in the preparation of all reports required under AB 939. This shall include development of all data required to prepare reports required by CalRecycle.
11.4 SB 1383 Reporting.
Within forty-five (45) Days after the end of each calendar year, the Franchisee shall provide a SB 1383 annual report to the City covering the most recently completed calendar year. Such report shall contain the following information:
11.4.1 Contamination Monitoring Report.
Franchisee’s report under this Section shall include the following information regarding Route Reviews conducted by Franchisee under this Agreement:
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(a) Documentation of Hauler Route reviews conducted pursuant to 14 CCR Section 18984.5(b), as described and in accordance with 14 CCR Section 18995.1, including a description of the process for determining the level of contamination and the number of Route Reviews conducted; (b) Documentation of SB 1383 Regulatory non-compliance complaints that were received and investigated, investigations conducted by Franchisee in accordance with 14 CCR Section 18995.3, and the number of notices, violations, or targeted education materials issued to Customers for Prohibited Container Contaminants;
(c) Copies of all documentation related to Route Reviews, “desk-top” reviews, and notices issued to Customers with Prohibited Container Contaminants; and (d) Documentation of the number of Containers where the contents were disposed due to observation of Prohibited Container Contaminants.
11.4.2 Compliance Report.
Franchisee’s report under this Section shall include:
(a) The total number of Customers receiving each type of Organic Waste Collection services;
(b) The number of Organic Waste Customers and Edible Food Generators that received information and the type of education and outreach used; (c) The number of complaints that were received and reviewed by Franchisee under any provision relating to complaints specified in this Agreement; (d) Copies of information and public education materials provided to Customers related to SB 1383, including the date that the information was distributed to Customers, the number of accounts receiving the information, if applicable, in accordance with 14 CCR Section 18985.3;
(e) A list and documentation for each of the Facility(ies) that is/are being utilized by Franchisee for transfers, Processing, or Disposal of Discarded Facilities Materials if such Facility(ies) is/are different from any of the Approved Facilities defined in this Agreement, including any Facilities used for Processing or Disposal of quarantined Organic Waste, materials from homeless encampments or illegal dumping, C&D Materials.
(f) Further including:
(i) Written notification that the Approved Organic Waste Processing Facility(ies) has and will continue to have the capabilities to Process and recover Compostable Plastics included with the Green Container Waste, and
(ii) Written notification to the City that the Approved Organic Waste Processing Facility has and will continue to have the capabilities to Process and recover plastic bags when it recovers Green Container Waste; and
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(iii) A list of Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services in the City, as those terms are defined in 14 CCR Section 18982(a).
11.4.3 Implementation Record.
Franchisee shall provide information and documentation needed for the City’s implementation record related to its performance of this Agreement with respect to waivers and exemptions as required under 14 CCR Section 18984.14 and procurement of recovered Organic Waste as required under 14 CC Section 18993.2. Franchisee shall provide records to assist City with documenting the required information within sixty (60) Days of program implementation.
11.4.4 Other SB 1383 Data.
Such information as requested by City as required for SB 1383 Regulatory compliance or CalRecycle, as such requirements may be amended from time to time.
11.5 Report Format.
All reports shall be submitted in a format specified and approved by the City. Franchisee shall use a readily accessible, centralized record-keeping system, such as Minerva™ or Recyclist™ , to maintain records and provide reports on each Customer and any enforcement action taken.
11.6 Adverse Information.
The Franchisee shall submit to City copies of all pleadings, applications, notifications, communications, and documents of any kind, submitted by the Franchisee, as well as copies of all decisions, correspondence, and actions by, any Federal, State, and local courts, regulatory agencies, and other government bodies that adversely affect Franchisee’s ability to perform services pursuant to this Agreement. All reports and records required under this or any other Section shall be furnished at the sole expense of the Franchisee.
11.7 Financial Statements.
City’s City Manager may elect to review Franchisee’s annual financial statements. Franchisee shall have financial statements annually prepared. Within ninety (90) Days of a City request, Franchisee shall allow the City Manager, his/her designee or an auditor selected by the City to review copies of the financial statements at the Franchisee’s local office (as defined in Section 6.1 hereof), or other such mutually-agreeable Premises of Franchisee. City and Franchisee agree to use reasonable efforts to protect the confidential nature of the Franchisee’s financial statements.
11.8 Inspection of Franchisee’s Accounts and Records.
Franchisee’s records of Customer complaints, AB 939 compliance records, maps, billing records, gross income, Franchise Fee payments, Curbside Recycling Fee payments, and Customer payment histories shall be available at the Franchisee’s principal office as set forth in Section 6.1 at any time during regular business hours for inspection on twenty- four (24) hours’ notice, and/or performance of financial review of Franchisee’s records by the City or its duly authorized representative in accordance with the Agreed Upon Procedures (as such term is associated with standard audit procedures), for a period extending back through the full term of the Agreement. Franchisee shall provide City with a copy of any requested record at no cost to City.
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11.9 Cost of Agreed Upon Procedures.
The cost of the annual Agreed Upon Procedure of Franchisee’s books and records is compensated through the Performance Audit Program Fee paid annually to the City by the Franchisee. This Performance Audit Program Fee is also payment for reasonably expected City costs to review Franchisee’s request for an increase in rates under the Maximum Rate Schedule. Should the City’s performance of an Agreed Upon Procedure disclose that a requested rate increase contains any inaccurate data or cost claims that are not properly substantiated, the Franchisee will be responsible to reimburse the City for all costs incurred to correct data submissions or substantiate cost claims.
11.10 Payments and Refunds.
Should the performance of an Agreed Upon Procedure by the City disclose that any City fee payable by the Franchisee was underpaid or that Customers were overcharged for the period under review, Franchisee shall pay to City any underpayments and/or refund to Franchisee’s Customers any overcharges within 15 Days of a City issued notice. Should the performance of an Agreed Upon Procedure by the City disclose that any City Fees were overpaid, City shall promptly refund to Franchisee the amount of the overpayment.
11.11 Failure to Report.
The refusal, failure or neglect of the Franchisee to timely file any of the reports required, or the inclusion of any materially false or misleading statement or representation made knowingly or negligently by the Franchisee in such report shall be deemed a material breach of this Agreement.
12. ENFORCEMENT OF AGREEMENT.
12.1 City Right to Terminate.
The City shall have the right to terminate Franchisee’s Franchise and this Agreement upon Franchisee’s uncured breach of any of its obligations under this Agreement. The City’s right to terminate shall be subject to Franchisee’s right to cure, in addition to any other remedy provided in this Agreement or provided by law and shall include, but not be limited to, any of the events of default set forth in this Article 12. In addition, specific events of default by Franchisee include, without limitation, the following:
(a) If Franchisee practices, or attempts to practice, any willful fraud or deceit upon the City.
(b) Should the Franchisee or any of its officers, directors, shareholders, subsidiaries, Affiliates, employees or agents be or have been found guilty of felonious conduct, illegal transport or disposal of Hazardous Waste, or bribery of public officials, the City reserves the unilateral right to terminate this Agreement or to impose such other sanctions as it shall deem proper. The term “found guilty” shall be deemed to include any judicial determination of guilt
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including, but not limited to, pleas of “guilty”, “nolo contendere”, “no contest” or “guilty to a lesser charge” entered as part of a plea bargain. (c) If Franchisee fails to provide or maintain in full force and effect the workers’ compensation or any other insurance coverage or performance bond required by this Agreement.
(d) If Franchisee willfully violates any orders or rulings of any regulatory body having jurisdiction over Franchisee, provided that Franchisee may reasonably contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred.
(e) If Franchisee fails to make any payments or to pay any penalties required to be made or paid by Franchisee pursuant to this Agreement, including, without limitation, liquidated damages as described in Section 12.13. (f) If Franchisee for any reason ceases to provide Solid Waste management services as required under this Agreement over all or a substantial portion of its Franchise area for a period of thirty (30) Days.
(g) If Franchisee fails to meet the service performance standards of this Agreement, or violates the terms, conditions or requirements of the Municipal Code, SB 1383 or AB 939 or successor legislation, or the City’s Storm Water Program as they may be amended from time to time, or violates any order, directive, rule or regulation issued pursuant to the foregoing legislation, where the violation is not remedied within the time set in the written notice of the violation.
(h) If Franchisee refuses to provide City with required information, reports or test results in a timely manner as required by this Agreement. (i) If Franchisee becomes insolvent, unable or unwilling to pay its debts, or upon the appointment of a receiver to take possession of all or substantially all of the assets of Franchisee, or upon a general assignment by Franchisee for the benefit of creditors, or upon any action taken by or suffered by Franchisee under any insolvency or bankruptcy act.
(j) If Franchisee fails to meet the Diversion requirements of this Agreement or Applicable Law.
12.2 Rights of Non-defaulting Party After Default.
The Parties acknowledge that both Parties shall have hereunder all legal and equitable remedies as provided by law following the occurrence of a default or to enforce any covenant or agreement herein.
Before this Agreement may be terminated or action may b e taken to obtain judicial relief the Party seeking relief for a default (“Non-defaulting Party”) shall comply with the notice and cure provisions below.
12.3 Notice of Default and Opportunity to Cure.
A Non -defaulting Party in its discretion may elect to declare a default under this Agreement in accordance with the procedures hereinafter set forth for any failure or breach of the other Party (“Defaulting Party”) in its performance of a material duty or obligation of said Defaulting Party under
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the terms of this Agreement. However, the Non-defaulting Party must provide written notice to the Defaulting Party setting forth the nature of the breach or failure and the actions, if any, required by Defaulting Party to cure such breach or failure (“Default Notice”). The Defaulting Party shall be deemed in “default” under this Agreement, where: (i) said breach or failure can be cured, but the Defaulting Party has failed to initiate a cure within thirty (30) Days after the date of the Default Notice (subject to the provisions below) and proceeded diligently with such cure, or (ii) a monetary default remains uncured for ten (10) Days (or such lesser time as may be specifically provided in this Agreement).
12.4 Non-Monetary Defaults; Longer Cure Period.
The Defaulting Party on a non-monetary default shall not be deemed in breach of this Agreement, and such default shall be waived, if such non-monetary default cannot reasonably be cured within the above-prescribed thirty-day period, and as long as the Defaulting Party does each of the following:
(a) Notifies the Non-defaulting Party in writing with a reasonable explanation as to the reasons the asserted default is not curable within the thirty (30) Day period;
(b) Notifies the Non-defaulting Party of the Defaulting Party’s proposed cause of action to cure the default;
(c) Promptly commences to cure the default within the thirty (30) Day period; (d) Makes periodic reports to the Non-defaulting Party as to the progress of the program of cure; and
(e) Diligently prosecutes such cure to completion.
12.5 Termination Upon Default.
Upon receiving a Default Notice, should the Defaulting Party fail to cure any default in accordance with the process and procedures set forth herein, or fail to diligently pursue such cure as prescribed above, the Non-defaulting Party may, in its discretion, provide the Defaulting Party with a written notice of intent to terminate this Agreement and other Agreements (“Termination Notice”). The Termination Notice shall state that the Non-defaulting Party will elect to terminate this Agreement and will describe the evidence upon which the decision to terminate is based. Once the Termination Notice has been issued, the Non- defaulting Party’s election to terminate Agreements will only be waived if the Defaulting Party fully and completely cures all defaults prior to the date of termination.
12.6 Franchisee Hearing Opportunity Prior to Termination.
If Franchisee is the Defaulting Party, then the City’s Termination Notice to Franchisee shall additionally specify that Franchisee has the right to a hearing prior to the City’s termination of any Agreements (“Termination Hearing”). The Termination Hearing shall be scheduled as an open public hearing item at a regularly-scheduled City Council meeting within thirty (30) Days of the Termination Notice, subject to any legal requirements including but not limited to the Ralph M. Brown Act, Government Code Sections 54950-54963. At said Termination Hearing, Franchisee shall have the right to present evidence to demonstrate that it is not in default and to rebut any evidence presented in favor of termination. Based upon substantial evidence presented at the Termination Hearing, the Council may, by adopted resolution, act as follows:
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(a) Decide to terminate this Agreement; or
(b) Determine to dismiss the Termination Notice and any charges of default; or (c) Impose conditions on a finding of default and a time for cure, such that Franchisee’s fulfillment of said conditions will waive or cure any default. (d) Findings of a default or a conditional default must be based upon substantial evidence supporting the following two findings: (i) that a default in fact occurred and has continued to exist without timely cure, and (ii) that such default has, or will, cause a material breach of this Agreement and/or a substantial negative impact upon public health, safety and welfare, the environment, the City or the financial terms established in this Agreement.
12.7 Penalty for Monetary Default.
In the event Franchisee fails to perform any monetary obligation under this Agreement, Franchisee shall pay a pre-determined penalty thereon at the rate of one-and-one-half percent (1 1/2%) per month, or any fraction of a month, from and after the due date of said monetary obligation until payment is actually received by City.
12.8 City’s Right to Perform Service.
In addition to any and all other legal or equitable remedies, in the event that Franchisee, subject to events of Force Majeure, fails, refuses or is unable to Collect, transport or deliver to a Disposal Site, as appropriate, any or all Discarded Materials which it is required by this Agreement to Collect and transport, at the time and in the manner provided in this Agreement, for a period of more than seven (7) working days, and if, as a result thereof, Solid Waste should accumulate in the City to such an extent, in such a manner, or for such a time that the City Manager in his or her sole discretion should find that such accumulation endangers or menaces the public health, safety or welfare, then the City Manager shall have the right, but not the obligation, without payment to Franchisee, to (i) cause to be performed such services itself with its own personnel, or third-party service provider(s), or employ Franchisee’s personnel, without liability to Franchisee; and/or (ii) to take possession of any or all of Franchisee’s equipment and other property used or useful in the Collection and transportation of Discarded Materials and to use such property at the expense of Franchisee to Collect and transport any Solid Waste which Franchisee would otherwise be obligated to Collect and transport pursuant to this Agreement. In the event the City utilizes Franchisee equipment or personnel pursuant to this Section:
(a) Franchisee will fully cooperate with City to affect the transfer of possession or property to the City for City’s use;
(b) Franchisee will, if the City Manager so requests, and to the extent feasible, keep in good repair and condition all of such property, provide all motor vehicles with fuel, oil and other service, and provide such other service as may be necessary to maintain said property in operational condition; and (c) The City agrees to assume complete responsibility for the proper and normal use of such equipment and facilities while in its possession. During such period, City agrees to indemnify and hold harmless Franchisee from any liability, loss or damage Franchisee may suffer as a result of claims, demands, costs or judgments against them arising out of use by City of Franchisee’s equipment,
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personnel or property; provided City is not required to indemnify Franchisee against claims and damages arising from the sole negligence of Franchisee. (d) Franchisee agrees that the City’s exercise of its rights under this Section 12.8:
(i) Does not constitute a taking of private property for which compensation must be paid, but is rather an exercise of the City’s police power;
(ii) Will not create any liability on the part of City to Franchisee, including but not limited to, any right to compensation for use of Franchisee’s equipment;
(iii) Does not exempt Franchisee from the indemnity provisions of Article 14, which are meant to extend to circumstances arising under this Section 12.8, provided that Franchisee is not required to indemnify City against claims and damages arising from the sole negligence of City, its officers, employees, agents, or volunteers acting under this Section
12.8; and
(iv) Does not terminate this Agreement, unless termination occurs under other provisions of this Agreement.
12.9 Duration of City’s Possession.
City has no obligation to maintain possession of Franchisee’s property and/or continue its use in Collecting and transporting Discarded Materials for any period of time and may, at any time, in its sole discretion, relinquish possession to the Franchisee. Should the City desire to retain possession of Franchisee’s property, the City’s right to retain temporary possession, and to provide Discarded Materials Collection services, shall continue until Franchisee can demonstrate to the City Manager’s reasonable satisfaction that it is ready, willing and able to resume such services.
12.10 Forfeiture of Performance Bond.
In the event Franchisee shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare that portion of the performance bond established pursuant to Section 14.4 which is necessary to recompense and make whole the City, forfeited to the City. Upon partial forfeiture of the performance bond, Franchisee shall promptly take all steps necessary to restore the performance bond to its face amount.
12.11 City’s Right to Lease Franchisee’s Equipment Following Termination.
If City terminates this Agreement for cause, the City shall have the right to lease Franchisee’s equipment from Franchisee at its fair market value for a period not to exceed six (6) months in order to allow City to perform the services required under this Agreement.
12.12 Cooperation Following Termination.
At the end of the Term or Franchise Term or in the event this Agreement is terminated for cause prior to the end of the Term or Franchise Term, or terminated by Franchisee as a result of a Proposition 218 impasse, as described in Section 10.6, Franchisee shall cooperate fully with City and any subsequent Franchisee to assure a smooth transition of Solid Waste management services. Franchisee’s
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cooperation shall include, but not be limited to, providing operating records needed to service all properties covered by this Agreement
12.13 Liquidated Damages.
12.13.1 Liquidated Damages.
The provision of service falling below the standards set forth in this Agreement or the production of any uncured nuisance condition by Franchisee will subject Franchisee to administrative procedures, potential liquidated damages and, ultimately, termination in accordance with the terms and conditions of this Agreement.
12.13.2 Complaints.
Public complaints (whether received by the City regarding Franchisee’s performance or received directly by Franchisee) will be handled as prescribed in Section 6.8 hereof.
12.13.3 Service Conditions.
Repeated, substantiated complaints of, or continued conditions of, poor service quality and/or nuisance conditions may be handled in the manner prescribed below. For purposes of this Section, the term “nuisance conditions” shall include, but is not limited to, the following:
(a) Failure to duly Collect Solid Waste or Recyclables that have been properly set- out for Collection through the willful or negligent conduct of Franchisee employees;
(b) Uncured damage to the property of third parties or Customers through the willful or negligent conduct of Franchisee employees;
(c) Legitimate complaints of rude or unprofessional behavior or conduct by Franchisee’s employees in the course of their duties;
(d) Failure to perform service surveys as required by Section 6.8.8, hereof; (e) Unreasonable leakage or spillage of Solid Waste or other Collected materials from Franchisee’s vehicles;
(f) Failure to immediately or promptly Collect Solid Waste or other materials that spilled or fell from Franchisee’s vehicles onto public streets or third-party property;
(g) Poor maintenance of Franchisee’s vehicles in violation of Sections 9.1 and 9.2 hereof;
(h) Violations of personnel standards and qualifications in contravention of Section 9.4 hereof.
(i) Any similar failure to comply with the requirements of this Agreement.
12.13.4 Notice of Violation.
Initially, when the Planning Director or a designated enforcement officer observes a violation, a verbal warning shall be given to the Franchisee. If the violation is thereafter repeated and, in the opinion of the City’s Planning Director or designated enforcement officer, Franchisee has not taken timely, effective action to correct the violation and prevent its repetition, then the Planning Director or
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designated enforcement officer may issue a written notice of violation (the “Notice of Violation”) describing the violation, the period in which Franchisee is required to cure the violation (if such violation is curable) and a warning that continued violations can be subject to liquidated damages.
12.13.5 Franchisee’s Right to Contest.
Within five (5) business days after receiving the Notice of Violation, Franchisee may submit a written response (the “Response”) to the Notice of Violation to the Planning Director. The Planning Director shall review Franchisee’s Response and may further i nvestigate the claimed violation. The Planning Director shall make a final determination regarding the Notice of Violation and the Planning Director shall deliver to Franchisee a written conclusion concerning the Notice of Violation.
Additionally, at the election of either Party, the Parties may meet to develop a written corrective action plan (“Correction Plan”) to prevent further occurrence of the problematic conditions established in the Notice of Violation. The Correction Plan shall be finally prepared by the City (or, at the election of the City, by Franchisee) within ten (10) business days after the meeting between the Planning Director and/or City Manager designee and Franchisee. The Correction Plan may include additional procedures, as deemed necessary by the Planning Director and/or City Manager designee, to assure that in the future Franchisee will be able to perform its services in compliance with this Agreement.
12.13.6 Assessment of Liquidated Damages.
If a second Notice of Violation is issued for any violation after an initial verbal warning and thereafter the issuance of a written Notice of Violation that is not withdrawn pursuant to Subsections
12.13.4 or 12.13.5 above, then liquidated damages may thereafter be assessed against Franchisee (as liquidated damages and not a penalty) by the Planning Director and/or City Manager as in Table 1 below.
Table 1 – List of Damages
Item No. Item Description Amount Initials
a. Failure to respond to each complaint within
three (3) work days of receipt of complaint.
$100 per incident per
Service Recipient.
b.
Failure to Collect more than fifty (50)
Customers on any scheduled Collection day and
single Hauler Route.
$500 per incident, plus $10
per Customer over the 50
threshold.
c.
Failure to maintain call center hours as required
by Section Error! Reference source not
found. of this Agreement.
$100 per Day if not cured
within 30 Days.
d.
Failure to submit to City all reports by the
deadlines required under the provisions of
Article Error! Reference source not found. of
this Agreement.
$100 per Day if not cured
within 30 Days.
e.
Failure to include all parts of quarterly and
annual reports specified in Sections Error!
Reference source not found. and Error!
Reference source not found. in the submitted
report.
$100 per Day if not cured
within 30 Days.
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Item No. Item Description Amount Initials
f.
Failure to submit to City all payments by the
deadlines required under the provisions of
Sections Error! Reference source not found.
through Error! Reference source not found.
of this Agreement.
1.5% of the total amount
due per month if fees are
over 10 Days late.
g. Failure for Collection Container to be compliant
with specifications of Section Error!
Reference source not found..
$50.00/ each Collection
Container not compliant and
not cured within 30 Days.
h. Failure to display Franchisee’s name on
Collection Vehicles as described in Section
Error! Reference source not found..
$100 per incident per Day if
not cured within 30 Days.
i.
Failure to Collect a missed Collection Container
by close of the next work day upon notice to
Franchisee as set forth in Section Error!
Reference source not found., that exceeds
twenty (20) in any Calendar Year.
$1,000 per Calendar Year,
plus $10 per incident per
Day if not cured within the
timeframes set by this
Agreement. .
j.
Failure to repair or replace damaged Containers
within the time required by Section Error!
Reference source not found. of this
Agreement, that exceeds twenty (20) in any
calendar year.
$1,000 per Calendar Year,
plus $10 per incident per
Day, if not cured within 30
Days.
k. Failure to maintain Collection hours as required
by Section Error! Reference source not
found. of this Agreement.
$100 per Day if not cured
within 30 Days.
l.
Failure to have Franchisee personnel in
Franchisee- provided uniforms as described in
Section
Error! Reference source not found. of
this Agreement.
$25 per Day per employee if
not cured within 30 Days.
m.
Failure of Franchisee to follow Recyclable
Materials and Organic Waste Contamination
and Overage procedures as set forth under
Sections Error! Reference source not found.
and 5.2.5.
Submit for approval to City
and implement plan of
correction to City within 30
Days. If not cured within 30
Days, $100 per Day for
failure to implement
correction plan.
n.
Failure to prevent vehicle fluid leak incidents
from Franchisee Collection vehicles in excess
of three (3) during a calendar year if site not
cleaned within 48 hours.
$500 per incident in excess
of three (3).
o.
Failure of Franchisee to provide proof of
performance bond as required by Section
Error! Reference source not found. of this
Agreement.
$500 per Day within 30
Days, Agreement Default if
not cured within 30 Days.
p. Failure of Franchisee to provide proof of
insurance as required by Section Error!
$500 per Day within 30
Days, Agreement Default if
not cured within 30 Days.
01135.0014/999746.5 75 September 25, 2024
Item No. Item Description Amount Initials
Reference source not found. of this
Agreement
q.
Failure to provide City with documentation
verifying Diversion, as outlined in Section
Error! Reference source not found., was
achieved.
Submit for approval to City
and implement plan of
correction to City within 30
Days. If not cured within 30
Days, $1,000 per quarter.
r. Failure to collect Holiday trees on collection
days as described in Section 5.5.13.
$25 per Day if not cured
within 30 Days.
s.
Failure to commence service to a new service
recipient within seven (7) Days after order as
described in Section Error! Reference source
not found..
$150 per day if not cured
within 30 days
t.
Failure to initially respond to a Service
Recipient complaint within one (1) business day
as outlined in Section
Error! Reference source
not found..
$50.00 per failure to resolve
Customer complaint or
request if not cured within
30 Days
u.
Failure to initiate good faith actions to repair
damage to Customer property caused by
Franchisee or its personnel, excluding normal
wear and tear as set forth in Section 5.2.10,
within thirty (30) Days of occurrence.
$500.00 per incident
v.
Franchisee commingling Solid Waste with
Recyclable Materials in Collection Vehicles,
except due to events of Container
Contamination by Customer(s).
$1,000.00 per incident.
w. Failure to perform service surveys as required
by Section Error! Reference source not
found..
$250 per Day. $500 per Day
for 4th violation within 60
Day period.
x. Failure to maintain Franchisee’s vehicles in
accordance with Section Error! Reference
source not found..
$250 per Day. $500 per Day
for 4th violation within 60
Day period.
y.
Failure to initiate cleanup of a hydraulic spill or
other clean-up of spillage or litter caused by
Franchisee within two (2) hours of City
notification as outlined in Section 9.1.2.
$300 per incident.
12.13.7 Basis for Liquidated Damages.
The Parties further recognize that if Franchisee recurrently fails to prevent and remediate nuisance conditions, the City and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages which City and its citizens will suffer. Therefore, the Parties agree that the liquidated damages established herein represent a reasonable estimate of the amount of such damages for such specific violations, considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual
01135.0014/999746.5 76 September 25, 2024
damages would be costly or impractical. In placing their initials at the places provided, each Party specifically confirms the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of these liquidated damage provisions prior to entering this Agreement.
Franchisee’s Initials __________ City Initials __________
12.13.8 Further Remedies for Severe or Persistent Violations.
The above provisions for a Correction Plan procedure and liquidated damages are intended to give the Parties a remedy under this Agreement short of termination or default; however, should Franchisee’s violations be severe and repetitive or otherwise not reasonably subject to correction through liquidated damages, the Planning Director may, in his sole discretion, institute the default procedures set forth in this Article.
12.14 No Waiver of City’s Police Powers or Legal Rights.
Nothing in this Agreement is intended to limit the power and ability of the City or any LEA to initiate administrative and/or judicial proceedings for the abatement of nuisance conditions or violations of any applicable law. Nothing herein shall waive or limit any other legal rights or recourses the City may have in response to Franchisee’s repeated, material violations of performance standards or failure to mitigate nuisance conditions.
12.15 Attorneys’ Fees.
If either Party to this Agreement is required to initiate or defend or is 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 attorneys, fees and expert witness fees.
12.16 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
12.17 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
12.18 Jurisdiction and Venue.
The parties hereto agree that the State of California is the proper jurisdiction for litigation of any matters relating to this Agreement. The Parties further agree that Los Angeles County, California is the proper place for venue as to any such litigation arising out of the Agreement and Franchisee agrees to submit to the personal jurisdiction of such court in the event of such litigation.
01135.0014/999746.5 77 September 25, 2024
12.19 Rights of Non-Defaulting Party after Default.
The Parties acknowledge that both Parties shall have hereunder all legal and equitable remedies as provided by law following the occurrence of a Default or to enforce any covenant or agreement herein except as provided in Section 14.2 below. Before this Agreement may be terminated or action may be taken to obtain judicial relief the Party seeking relief (“Non-Defaulting Party”) shall comply with the notice and cure provisions of this Article 12. In this Agreement, the rights of enforcement are limited as the remedy of monetary damages is not available to either Party. The Parties shall have the equitable remedies of specific performance, injunctive and declaratory relief, or a mandate or other action determining that the City has exceed its authority, and similar remedies, other than recovery of monetary damages, to enforce their rights under this Agreement. The Parties shall have the right to recover their attorney fees and costs pursuant to Section 12.15 in such action. Moreover, the Developer shall have the right to a public hearing before the City Council before any default can be established under this Agreement, as provided in this Article.
13. TRANSFERS OF INTEREST.
13.1 Restrictions on Transfers.
The City, in entering into this Agreement, has placed a special value, faith and confidence in the experience, background, and expertise of the Franchisee in the field of waste disposal. Such faith and confidence being a substantial consideration in the granting of this Agreement warrants the transfer restrictions provided in this Article 13.
13.2 Definition of Transfer.
As used in this Section, the term “Transfer” shall include any hypothecation, mortgage, pledge, or encumbrance of this Agreement by Franchisee, subject to the exceptions set forth in Section 13.4 below. A Transfer shall also include the transfer to any Person or group of Persons acting in concert of more than thirty percent (30%) of the present equity ownership and/or more than thirty percent (30%) of the voting control of Franchisee (jointly and severally referred to herein as the “Trigger Percentages”), t aking all transfers into account on a cumulative basis, except transfers of such ownership or control interest to an Affiliate owned or controlled by the present beneficial owners of Franchisee or members of their immediate family, or between members of the same immediate family, or transfers to a trust, testamentary or otherwise, in which the beneficiaries are limited to members of the transferor’s immediate family. A transfer of interests (on a cumulative basis) in the equity ownership and/or voting control of Franchisee in amounts less than Trigger Percentages shall not constitute a Transfer subject to the restrictions set forth herein. In the event Franchisee or its successor is a corporation or trust, such Transfer shall refer to the transfer of the issued and outstanding capital stock of Franchisee, or of beneficial interests of such trust; in the event that Franchisee or any general partner comprising Franchisee is a limited or general partnership or a limited liability company, such Transfer shall ref er to the transfer of more than the Trigger Percentages in the limited or general partnership or limited liability company interest; in the event that Franchisee or any general partner is a joint venture, such Transfer shall refer to the transfer of more t han the Trigger Percentages of such joint venture partner, taking all transfers into account on a cumulative basis.
01135.0014/999746.5 78 September 25, 2024
13.3 Transfers Require Approval.
Franchisee shall not Transfer this Agreement or any of Franchisee’s rights hereunder, directly or indirectly, voluntarily or by operation of law, except as provided below, without the prior written approval of City, and if so purported to be transferred, the same shall be null and void. Franchisee will submit its request for City consent to the City together with documents, including but not limited to:
(i) the transferee’s audited financial statements for at least the immediately preceding three (3) operating years; (ii) proof that the proposed transferee has municipal Solid Waste management experience on a scale equal to or exceeding the scale of operations conducted by Franchisee; (iii) proof that in the last five (5) years, the proposed transferee has not suffered any citations or other censure from any Federal, State, or local agency having jurisdiction over its waste management operations due to any significant failure to comply with Federal, State, or local waste management law and that the transferee has provided the City with a complete list of such citations and censures; (iv) proof that the proposed transferee has at all times conducted its operations in an environmentally safe and conscientious fashion; (v) proof that the proposed transferee conduc ts its municipal Solid Waste management practices in accordance with sound waste management practices in full compliance with all Federal, State, and local laws regulating the Collection and disposal of waste, including Hazardous Waste; (v) proof that the transferee’s officers or directors have no criminal convictions for fraud, deceit, false claims or racketeering with respect to the transferee’s course of business; and (vi) any other information required by the City to ensure the proposed transferee can fulfill the terms of this Agreement, including the payment of indemnities and damages and provision of bonds and/or performance standards, in a timely, safe, and effective manner.
13.4 Exceptions.
The requirement to obtain City approval for a Transfer shall not apply to any of the following:
(a) Any mortgage, deed of trust, sale/lease-back, or other form of conveyance for financing and any resulting foreclosure therefrom.
(b) A sale or transfer resulting from or in connection with a reorganization as contemplated by the provisions of the Internal Revenue Code of 1986, as amended or otherwise, in which the ownership interests of a corporation are assigned directly or by operation of law to a Person or Persons, firm or corporation which acquires the control of the voting capital stock of such corporation or all or substantially all of the assets of such corporation. (c) A sale or transfer to an Affiliate of Franchisee owned or controlled by the present beneficial owners of Franchisee or members of their immediate family, or between members of the same immediate family, or transfers to a trust, testamentary or otherwise, in which the beneficiaries are limited to members of the transferor’s immediate family.
13.5 Assumption of Obligations.
No attempted Transfer of any of Franchisee’s obligations hereunder shall be effective unless and until the successor party executes and delivers to City an assumption agreement in a form approved by the City assuming such obligations. Following any such assignment or Transfer of any of the rights and interests of Franchisee under this Agreement, the exercise, use and enjoyment shall continue to be subject to the terms of this Agreement to the same extent as if the assignee or transferee were Franchisee.
01135.0014/999746.5 79 September 25, 2024
13.6 Release of Franchisee.
City’s consent to a Transfer shall not be deemed to release Franchisee of liability for performance under this Agreement unless such release is specific and in writing executed by City, which release shall not be unreasonably withheld. Upon the written consent of City to the complete assignment of this Agreement and the express written assumption of the assigned obligations of Franchisee under this Agreement by the assignee, Franchisee shall be relieved of its legal duty from the assigned obligations under this Agreement, except to the extent Franchisee is in default under the terms of this Agreement prior to said Transfer.
13.7 Franchisee to Pay Transfer Costs.
Franchisee will pay City its reasonable expenses for attorneys’ fees and investigation costs necessary to investigate the suitability of any proposed transferee or assignee, and to review and finalize any documentation required as a condition for approving any such Transfer.
13.8 Subcontracting.
This Agreement, or any portion thereof, shall not be subcontracted except with the prior written consent of the City. No such consent shall be construed as making the City a Party to such subcontract, or subject the City to liability of any kind to any sub-Franchisee. Franchisee shall submit all subcontracts for review and approval by the City and any permitted subcontract shall terminate on or before the termination of this Agreement. All sub-Franchisees shall be licensed as required under State, Federal and local laws and regulations to perform their subcontracted work and obtain and maintain a City business license if required. Franchisee shall remain otherwise liable for the full and complete performance of its obligations hereunder.
13.9 Heirs and Successors.
The terms, covenants and conditions of this Agreement shall apply to and shall bind the heirs, successors, executors, administrators and assigns of the Franchisee and City.
14. INSURANCE, INDEMNITY AND PERFORMANCE BOND.
14.1 Insurance.
Franchisee shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance, which shall be policies specific to the City of Bell:
14.1.1 Comprehensive General Liability Insurance.
A policy of commercial comprehensive general liability insurance written on a per occurrence basis.
The policy of insurance shall be in an amount not less than either (i) a combined single limit of $5,000,000.00 and $10,000,000.00 in the aggregate.
14.1.2 Workers’ Compensation Insurance.
A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California. The workers compensation insurance policy shall include a blanket -form waiver of subrogation endorsement in favor of the City.
01135.0014/999746.5 80 September 25, 2024
14.1.3 Automotive Insurance.
ISO Form Number CA 00 01 covering any auto (Code 1), or if Franchisee has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $5,000,000.00 per accident for bodily injury and property damage.
14.1.4 Umbrella Liability Insurance.
Umbrella liability coverage to bring total aggregate insurance coverage for all underlying insurance coverage to $10,000,000.00.
14.1.5 General Insurance Provisions.
All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees, and agents as additional insureds , except Workers Compensation, to be provided via blanket-form endorsement. The insurer(s) shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers via blanket form endorsement. All of said policies of insurance except Workers Compensation and Umbrella Liability shall provide that said insurance may not be cancelled, non-renewed or materially changed without providing thirty (30) days’ prior written notice by email to a designated recipient with an email address provided by the City. In the event any of said policies of insurance are cancelled, the Franchisee and Franchisee’s carrier shall endorse said cancelled, non-renewed or materially changed policies prior to the cancellation date, and Franchisee shall submit new evidence of insurance in conformance with this Section Error! Reference source not found. to the City Manager. No work or services under this Agreement shall commence until the Franchisee has provided the City with ACORD 25 Certificate(s) of Insurance evidencing the above insurance coverage and said ACORD Certificate(s) of Insurance are approved by the City.
14.1.6 No Limitation.
Franchisee agrees that the provisions of this Article 14 shall not be construed as limiting in any way the extent to which the Franchisee may be held responsible for the payment of damages to any Persons or property resulting from the Franchisee’s activities or the activities of any Person or Persons for which the Franchisee is otherwise responsible.
14.1.7 Rating.
The insurance policies required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California rated All or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class IV or better, unless such requirements are waived by the City Manager of the City.
14.1.8 Primary Insurance.
The insurance policies shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it.
The insurance policies shall act for each insured, as though a separate policy had been written for each.
This, however, will not act to increase the limit of liability of the insuring company.
01135.0014/999746.5 81 September 25, 2024
14.1.9 Changes in Market.
In the event the City Manager determines that (i) the market conditions create an increased or decreased risk of loss to City, (ii) greater insurance coverage is required due to the passage of time or (iii) changes in the insurance industry require different coverages be obtained, Franchisee agrees that the minimum limits of any insurance policy required to be obtained by Franchisee may be changed accordingly upon receipt of written notice from the City Manager.
14.2 Hazardous Waste Indemnification.
Without regard to the limits of any insurance coverage, Franchisee agrees to indemnify, defend with counsel appointed by the City, protect and hold harmless the City, its representatives, officers, agents and employees against any and an fines, response costs, assessments, actions, suits, injunctive relief, claims, damages to Persons or property, losses, costs penalties, obligations, errors, omissions or liabilities, (“claims or liabilities”) that may be asserted or claimed by any Person, firm or entity arising out of or in connection with (i) violations of the commerce clause of the U.S. Constitution, AB 939, the Comprehensive Environmental Response, Compensation and Liability Act, Title 42 U.S.C. §9601 et seq. (“CERCLA”), HSAA, RCRA, any other Hazardous Waste laws, or other Federal, State or local environmental statutes, ordinances and regulations which arise from this Agreement; (ii) the negligent performance of the work or services of Franchisee, its agents, employees, subcontractors, or invitees, provided for in this Agreement; (iii) the negligent acts or omissions of Franchisee hereunder, or arising from Franchisee’s negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its representatives, officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its representatives, officers, agents or employees, who are directly responsible to the City, and in connection therewith:
(a) Franchisee will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) Franchisee will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work or services of Franc hisee hereunder; and Franchisee agrees to save and hold the City, its officers, agents and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Franchisee for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work or services of Franchisee hereunder, Franchisee agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in
01135.0014/999746.5 82 September 25, 2024
such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
(d) Franchisee’s obligations hereunder under this Section 14.2 shall survive the termination or expiration of this Agreement.
14.3 CalRecycle Indemnification.
Subject to the requirements of Public Resources Code Section 40059.1, Franchisee agrees to protect, defend, with counsel reasonably approved by the City, and indemnify City against all fines or penalties imposed by CalRecycle in the event the requirements of AB 939, AB 341, AB 1826, and/or SB 1383 and corresponding regulations are not met, or due to Franchisee’s delays in providing information that prevents City from submitting reports required by CalRecycle in a timely manner. Subject to the scope of this indemnification, Franchisee further agrees to appear and represent the City in any appeals, proceedings and/or litigation brought against City for alleged failure to comply with AB 939, AB 341, AB 1826, or SB 1383.
14.4 Performance Bond.
The City requires the Franchisee to delivered to the City a performance bond in the sum of the amount of ONE MILLION DOLLARS ( $1,000,000) in the form provided by the City Manager. Said performance bond shall guarantee Franchisee’s faithful performance of waste hauling services under the auspices of this Agreement, including without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement. The bond shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if the Franchisee promptly and faithfully performs all terms and conditions of this Agreement. The performance bond must be issued by a surety meeting the requirements of Section 14.1.7.
15. GENERAL PROVISIONS.
15.1 Late Payment Fee.
City shall give Franchisee written notice of any delinquent payment of any sum owing to City by Franchisee under this Agreement. In the event that Franchisee does not pay City such delinquent sum within ten (10) Days of the date of the written notice, Franchisee shall pay the City the pre-determined penalty of one and one -half percent (1.5%) interest per month, or any fraction of a month, on the amount of delinquent sum commencing from the date such sum was originally due.
15.2 Force Majeure.
The time period(s) specified for performance of the provisions of this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Franchisee, including, but not restricted to:
01135.0014/999746.5 83 September 25, 2024
(a) acts of God or of the public enemy,
(b) unusually severe weather, fires, earthquakes, floods, (c) epidemics, quarantine restrictions, government orders (d) riots, strikes (subject to the labor disruption provisions below), (e) freight embargoes,
(f) wars,
(g) litigation, and
(h) and/or acts of any governmental agency, including the City if the Franchisee shall within ten (10) Days of the commencement of such delay notify the City Manager in writing of the causes of the delay. In the event of a force majeure, it shall be the responsibility of Franchisee to exercise best efforts to mitigate any interruptions to services and/or any potential damages to other services being provided as much as possible.
15.3 Labor Disruption Contingency Plan.
In the event of a labor disruption (including strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action) conducted by Franchisee's employees or directed at Franchisee the following provisions shall apply.
(a) Within ninety (90) days of the Effective Date of this Agreement, Franchisee shall provide City a labor contingency plan demonstrating how solid waste collection services will be provided during a period of labor disruption/unrest. (b) Franchisee shall reasonably meet all requirements of the contingency plan which shall plan be commercially reasonable, practically possible and lawful.
The Plan shall include Franchisee deploying solid waste and recycling containers at specific locations within the City to provide supplemental collection points for residents and businesses. City and Franchisee shall meet and confer to discuss locations, container types and container sizes for each location.
(c) Franchisee’s Labor Disruption Contingency Plan shall prioritize those Collection activities it is able to perform during the labor disruption, with hospitals/medical operations, essential services, restaurants and other six- service days per week Customers prioritized for Collection on the basis of health and sanitation. Franchisee shall notify City when the labor dispute has ended, and the date regular Collection services will resume. (d) In the event that a labor disruption event prevents the City-wide Collection of Discarded Materials for a period of thirty (30) consecutive days, the provisions of Section 12.13 shall then apply.
15.4 Notices.
All notices, demands, requests, approvals, disapprovals, proposals, consents, or other communications whatsoever which this Agreement contemplates or authorizes, or requires or permits either Party to give to the other, shall he in writing and shall be personally delivered, sent by telecopier or sent by
01135.0014/999746.5 84 September 25, 2024
registered or certified mail, postage prepaid, return receipt requested, addressed to the respective Party as follows:
If to Franchisee: Consolidated Disposal Service
If to City: CITY OF BELL
6330 Pine Avenue
Bell, CA 90201
Attention: City Manager
A copy to: ALESHIRE & WYNDER, LLP
1 Park Plaza, Suite 1000
Irvine, CA 92614
Attention: City Attorney
or to such other address as either Party may from time to time designate by notice to the other given in accordance with this Section 15.4. Notice shall be deemed effective on the date personally served or by facsimile or, if mailed, three (3) Days from the date such notice is deposited in the United States mail.
15.5 Non-discrimination.
Franchisee covenants that, by and for itself, its heirs, executors, assigns and all Persons claiming under or through them, that there shall be no discrimination against or segregation of, any Person or group of Persons on account of race, color, creed, religion, sex, marital status, national origin, sexual orientation, or ancestry in the performance of this Agreement. Franchisee shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin or ancestry.
15.6 Compliance with Immigration Laws.
Franchisee agrees that, in the performance of this Agreement, it will comply with all applicable immigration laws and regulations.
15.7 No Liability of City Officials.
No officer, employee or agent of the City shall be personally liable to the Franchisee, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to the Franchisee or to its successor, or for breach of any obligation of the terms of this Agreement.
15.8 Laws and Regulations.
Franchisee shall observe all the terms of any City ordinance or resolution now in effect, or as the same may be subsequently adopted or amended by the City, governing or affecting the Collection, removal
01135.0014/999746.5 85 September 25, 2024
and disposal of Municipal Solid Waste in the City of Bell. Franchisee further agrees to comply with all applicable County, State or Federal laws or regulations as they exist now or may subsequently be adopted or amended, governing the Collection, removal and disposal of Municipal Solid Waste.
Franchisee further agrees to comply with all applicable State and Federal laws governing employment, wages, working conditions, use of materials, equipment, supplies and the like.
15.9 Proprietary Information: Public Records.
The City acknowledges that a number of the records and reports of the Franchisee are proprietary and confidential. Franchisee is obligated to permit City inspection of certain of its records, as provided herein, on demand and to provide copies to City where requested. City will endeavor to maintain the confidentiality of all proprietary information provided by Franchisee and shall not voluntarily disclose such proprietary information. Notwithstanding the foregoing, any documents provided by Franchisee to City that are public records may be disclosed pursuant to a proper public records request.
15.10 Waiver of Future Claims.
No delay or omission in the exercise of any right or remedy by a non-defaulting 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 same or any other provision of this Agreement.
15.11 Conflict of Interest.
No officer or employee of the City 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 affects 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 Franchisee warrants that it has not paid or given and will not payor give any officer, employee or agent of the City any money or other consideration for obtaining this Agreement.
15.12 Interpretation.
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.
15.13 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 only be amended at any time by the mutual consent of the Parties by an instrument in writing. This Agreement is intended, in part, to carry out City’s obligations to comply with the provisions of AB 939 and regulations promulgated thereunder, as amended from time to time.
In the event that AB 939 or other State or Federal laws or regulations enacted after this Agreement prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this
01135.0014/999746.5 86 September 25, 2024
Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations. No other amendment of this Agreement shall be valid unless in writing duly executed by the Parties.
15.14 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 Agreem ent meaningless.
15.15 No Joint Venture.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Franchisee, its agents or employees, perform the services required herein, except as otherwise set forth. Franchisee shall perform all services required herein independent from the City and shall remain at all times as to City a wholly independent entity with only such obligations as are consistent with that role. Franchisee shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Franchisee in its business or otherwise or a joint venturer or a member of any joint enterprise with Franchisee.
15.16 Corporate Authorization.
Franchisee has the authority to enter into and perform its obligations under this Agreement. The Board of Directors of Franchisee (or the shareholders if necessary) have taken all actions required by law, its articles of incorporation, its bylaws or otherwise, to authorize the execution of this Agreement. The Persons signing this Agreement on behalf of Franchisee have authority to do so. Entering into this Agreement does not violate any provision of any other Agreement to which Franchisee is bound.
IN WITNESS WHEREOF, the Parties hereto do hereby set their hands and seals as of the Day and the year first written above.
FRANCHISEE
____________________, a Delaware
Corporation
By:__________________________________
_
Name:
Title:
By:_________________________________
__
Name:
Title:
CITY OF BELL
By:
______________________________
____________________, Mayor
01135.0014/999746.5 87 September 25, 2024
ATTEST:
Angela Bustamante, City Clerk
APPROVED AS TO FORM:
City Attorney
01135.0014/999746.5 88 September 25, 2024
Exhibit A – Rate Schedule
Residential Services *WST= CPI-Water, Sewer, Trash
Size Year 1 Year 2 Year 3 Year 4 Year 5
Residential 96 Gallon 19.75$ 24.10$ 27.78$ 30.93$ WST Residential 64 Gallon 19.00$ 22.42$ 25.83$ 28.76$ WST Residential Extra Cart 6.69$ 7.89$ 9.10$ 10.13$ WST Backyard Service 5.28$ 6.23$ 7.18$ 7.99$ WST On-Call Bulky 35.99$ 42.47$ 48.94$ 54.49$ WST Commerical - MSW 17.99% 15.24% 11.34%
Size Frequency Year 1 Year 2 Year 3 Year 4 Year 5
96 Gal Cart 1x 77.23$ 91.12$ 105.01$ 116.92$ WST 96 Gal Cart 2x 128.72$ 151.88$ 175.02$ 194.87$ WST 96 Gal Cart 3x 180.23$ 212.65$ 245.06$ 272.85$ WST 96 Gal Cart 4x 231.70$ 273.38$ 315.05$ 350.77$ WST 96 Gal Cart 5x 283.23$ 334.18$ 385.11$ 428.78$ WST 1CY 1x 154.45$ 182.24$ 210.01$ 233.82$ WST 1CY 2x 257.44$ 303.75$ 350.05$ 389.74$ WST 1CY 3x 360.44$ 425.28$ 490.10$ 545.67$ WST 1CY 4x 463.45$ 546.82$ 630.16$ 701.62$ WST 1CY 5x 566.43$ 668.33$ 770.18$ 857.52$ WST 1CY 6x 669.42$ 789.85$ 910.22$ 1,013.44$ WST 2CY 1x 193.21$ 227.97$ 262.71$ 292.50$ WST 2CY 2x 321.88$ 379.79$ 437.67$ 487.30$ WST 2CY 3x 450.70$ 531.78$ 612.82$ 682.32$ WST 2CY 4x 578.78$ 682.90$ 786.98$ 876.22$ WST 2CY 5x 708.12$ 835.51$ 962.84$ 1,072.03$ WST 2CY 6x 836.95$ 987.52$ 1,138.01$ 1,267.07$ WST
3CY 1x 231.70$ 273.39$ 315.05$ 350.78$ WST 3CY 2x 360.52$ 425.38$ 490.21$ 545.79$ WST 3CY 3x 489.41$ 577.45$ 665.46$ 740.92$ WST 3CY 4x 618.19$ 729.40$ 840.56$ 935.88$ WST 3CY 5x 746.91$ 881.28$ 1,015.59$ 1,130.75$ WST
3CY 6x 876.59$ 1,034.29$ 1,191.91$ 1,327.08$ WST
4CY 1x 318.41$ 375.69$ 432.95$ 482.04$ WST 4CY 2x 493.54$ 582.32$ 671.07$ 747.17$ WST 4CY 3x 668.66$ 788.95$ 909.19$ 1,012.29$ WST 4CY 4x 843.79$ 995.58$ 1,147.31$ 1,277.42$ WST
4CY 5x 1,018.91$ 1,202.21$ 1,385.43$ 1,542.54$ WST
4CY 6x 1,194.02$ 1,408.83$ 1,623.53$ 1,807.64$ WST
3CY Compactor 1x 370.72$ 437.41$ 504.07$ 561.24$ WST 3CY Compactor 2x 576.81$ 680.58$ 784.30$ 873.24$ WST 3CY Compactor 3x 783.04$ 923.91$ 1,064.71$ 1,185.45$ WST 3CY Compactor 4x 989.13$ 1,167.07$ 1,344.94$ 1,497.45$ WST 3CY Compactor 5x 1,195.04$ 1,410.03$ 1,624.92$ 1,809.18$ WST 3CY Compactor 6x 1,401.23$ 1,653.31$ 1,905.28$ 2,121.33$ WST Commerical - On-Call/Extra Services Applies for MSW, Recycling and Organics Year 1 Year 2 Year 3 Year 4 Year 5
Extra Pick Up 42.25$ 49.85$ 57.45$ 63.97$ WST Lock Lids on Bins 8.44$ 9.96$ 11.47$ 12.77$ WST Scout/Push Out 9.50$ 11.21$ 12.92$ 14.38$ WST On-Call Bulk Pick Up (Per Call) 37.54$ 44.29$ 51.04$ 56.83$ WST Commerical - Recycling 17.99% 15.24% 11.34%
Size Frequency Year 1 Year 2 Year 3 Year 4 Year 5
64 Gal Cart 1x 45.42$ 53.59$ 61.76$ 68.76$ WST 64 Gal Cart 2x 68.13$ 80.39$ 92.64$ 103.14$ WST 64 Gal Cart 3x 102.20$ 120.58$ 138.96$ 154.71$ WST 96 Gal Cart 1x 51.05$ 60.23$ 69.41$ 77.29$ WST 96 Gal Cart 2x 76.58$ 90.35$ 104.12$ 115.93$ WST 96 Gal Cart 3x 114.86$ 135.53$ 156.18$ 173.89$ WST 1CY 1x 66.41$ 78.36$ 90.30$ 100.54$ WST 1CY 2x 99.62$ 117.54$ 135.45$ 150.81$ WST 1CY 3x 149.42$ 176.30$ 203.17$ 226.21$ WST 2CY 1x 88.71$ 104.67$ 120.62$ 134.30$ WST 2CY 2x 133.07$ 157.00$ 180.93$ 201.45$ WST
2CY 3x 199.60$ 235.51$ 271.40$ 302.17$ WST 3CY 1x 99.63$ 117.55$ 135.47$ 150.83$ WST 3CY 2x 155.01$ 182.90$ 210.77$ 234.67$ WST 3CY 3x 210.44$ 248.30$ 286.14$ 318.59$ WST 4CY 1x 128.66$ 151.81$ 174.94$ 194.78$ WST 4CY 2x 192.99$ 227.71$ 262.41$ 292.17$ WST 4CY 3x 289.49$ 341.56$ 393.62$ 438.25$ WST Commerical - Organics 17.99% 15.24% 11.34%
Size Frequency Year 1 Year 2 Year 3 Year 4 Year 5
65 Gal Cart 1x 64.49$ 76.09$ 87.69$ 97.63$ WST 65 Gal Cart 2x 102.03$ 120.39$ 138.73$ 154.46$ WST 65 Gal Cart 3x 142.87$ 168.57$ 194.26$ 216.29$ WST 96 Gal Cart 1x 83.84$ 98.92$ 113.99$ 126.92$ WST 96 Gal Cart 2x 132.64$ 156.50$ 180.35$ 200.80$ WST 96 Gal Cart 3x 185.73$ 219.14$ 252.54$ 281.18$ WST 1CY 1x 166.02$ 195.89$ 225.74$ 251.34$ WST 1CY 2x 276.73$ 326.51$ 376.27$ 418.94$ WST 1CY 3x 387.44$ 457.14$ 526.81$ 586.55$ WST 2CY 1x 207.69$ 245.05$ 282.40$ 314.42$ WST 2CY 2x 345.99$ 408.23$ 470.45$ 523.80$ WST 2CY 3x 484.46$ 571.61$ 658.73$ 733.43$ WST Commerical - Multi- Family
Size Frequency Year 1 Year 2 Year 3 Year 4 Year 5
Temp or COD
Service Typle- 7 day or 1 Dump
(500 Weight limit) Year 1 Year 2 Year 3 Year 4 Year 5
3 Yard DEL/Removal w Dump 265.68$ WST WST WST WST
3 Yard Extra Dummp 75.94$ WST WST WST WST
3 Yard Daily Rental after 7 days 24.61$ WST WST WST WST Trip Charge 26.53$ WST WST WST WST
Industrial
Service Type Year 1 Year 2 Year 3 Year 4 Year 5
10-40 Yd Roll-Offs (with 7 tons)
Haul Rate- Del/Removal 968.50$ WST WST WST WST
10-40 Yard Roll off over tonnage 66.53$ WST WST WST WST 10-40 Yard Roll - Off Trip Charge 161.58$ WST WST WST WST 10-40 Yard Roll-Off Daily Rental 31.36$ WST WST WST WST 40 Yard Recycling Box Haul Rate-
Del/Removal 629.84$ WST WST WST WST
40 Yard Recycling Box Trip Charge 161.58$ WST WST WST WST Temo 40yd (w 7 tons) Haul Rate -
Del/Removal 968.50$ WST WST WST WST
Temp 10-40 Yd (w 7 tons) over
tonnage 66.53$ WST WST WST WST
Temp 10-40yd (w 7 tons) trip
charge 161.58$ WST WST WST WST
Certificate of Destruction 86.88$ WST WST WST WST Compactor (w 9 tons) Haul Rate -
Del/Removal 1,215.09$ WST WST WST WST
Compactor (w 9 tons) Over
Tonnage 66.53$ WST WST WST WST
Compactor (w 9 Tons) trip charge 161.58$ WST WST WST WST Miscellaneous Fees
Residential Contamination 15.00$ WST WST WST WST
Commercial Contamination 50.00$ WST WST WST WST
Commercial Overage 50.00$ WST WST WST WST
Commercial Container Exchange 50.00$ WST WST WST WST Residential Container Exchange 30.00$ WST WST WST WST Rates Match Commercial Rates for all services
01135.0014/999746.5 89 September 25, 2024
Exhibit B – Good Corporate Citizenship Statement
Good corporate citizens enhance Bell through employment practices:
• Hire Bell residents when possible
• Provide training and promotion opportunities for all workers • Provide adequate wages and benefits
• Provide safe, clean, and healthy work environment
• Provide family friendly benefits that support family life such as maternity/paternity leave, childcare and daycare
Good corporate citizens enhance Bell through environmental responsibility:
• Use Bell sources for goods
• Minimize use of resources
• Used Recycled content products wherever possible
• Use energy efficient systems
• Support opportunities for employees to use carpools/public transportation
Good corporate citizens enhance Bell through excellent Customer service practices:
• Being responsive to Bell residents’ complaints
• Being courteous and helpful
• Being bi-lingual
• Extending a helping hand to the seniors and handicapped
Good corporate citizens enhance Bell through financial practice:
• Purchase supplies locally
• Support Bell’s youth teams, community organizations.
• Support volunteerism and community involvement by employees • Support and participate in Bell community events
01135.0014/999746.5 90 September 25, 2024
Exhibit C – City Events
Franchisee shall provide Collection services to the following events at no additional charge to the City.
• Halloween Carnival
• Veteran’s Day Ceremony
• Bell Holiday Village
• State of the City Address
• Bell 5K
• Student Government Day
• Earth Day (offers free E-Waste disposal and document shredding) • Spring Festival
• Concerts in the Park
01135.0014/999746.5 91 September 25, 2024
Exhibit D – Public Education Plan
EDUCATION PLAN
ONGOING PROGRAMS
The following public education and outreach activities will be performed on an ongoing basis throughout the term of the contract.
Contractor will submit for review an Education Plan for City approval no later than October 1st for the next Calendar Year. The plan will include proposed education focused on service information and recycling guidelines for both residential and commercial customers. Schedule of when education material will be disseminated throughout the year, social media post calendar, and community event participation.
(1) Communication Collateral. Various forms of literature will be distributed to the community annually.
The collateral will remind residents what is accepted for recycling and organics, advise them of holiday schedules, bulky waste pickup, waste and recycling events, community event s, and special waste handling topics.
(2) Annual Assessment of Education & Outreach Efforts. Contractor staff will work cooperatively with the city to monitor the effectiveness of existing public education and outreach programs and to identify and develop new public education and outreach programs as might be necessary to meet diversion targets.
(3) Community Events. Contractor will provide waste and recycling services, at no charge, in a continuing effort to support City programs and events. Contractor will attend public events and host booths to promote recycling education and awareness. Contractor will work with C ity to identify which special events will be attended.
(4) Chamber, Civic Group Presentations. Contractor will reach out to the local Chamber of Commerce and service organizations to work with these organizations to complete presentations to the business community about available services and programs, education around state mandates (AB 341, AB1826, and SB 1383) as well as the benefits of recycling services. (5) Marketing Resources. Contractor will distribute video and images (via social media) geared towards residential and commercial customers annually to inform regarding special programs, recycling initiatives such as AB341, AB1826 and SB 1383 for city staff to incorporate in its traditional and social media platforms. (recyclingsimplified.com)
(6) Community Workshops. Contractor will provide recycling, compost and business compliance workshops at no charge on an as needed basis to educate and ensure compliance with AB341, AB1826 and SB1383
Additional Contractor Education Tools
(7) Local Bell Website. Contractor will update with new service offerings local Bell website to inform the public about routing, services levels, program offerings (community cleanups, bulky waste collection, sharps program, etc.) proper cart usage, recyclable materials accepted, community events and information on environmental protection that will be updated on an on-going basis. (8) Recycling Rewards Program. Annually in celebration of America Recycles Day- Contractor with work with city staff to recognize two residential customers and one commercial customer at a November council meeting for being model recyclers by Recycling and Composting Right.
Contractor will provide a gift basket along with a Recycling All Star Certificate. (9) Residential and Commercial Customer Newsletters and other Print Materials. Newsletters provide a simple and effective method to educate residents and commercial customers about service changes, recycling and sustainability programs, or other important information. Both the Residential and Commercial Newsletters will be produced quarterly. The Commercial Newsletter will detail specific information regarding applicable State/City mandates. All print items will use 110% recycled paper and be produced by a local business
Outreach Material for City Facilities
Communication Collateral. Contractor will make available copies of collateral material created for city staff distribution at city facilities for residential and commercial customers.
AGENDA ITEM 2
City of Bell
Agenda Report
D
ATE: September 25, 2024
TO
: Mayor and Members of the City Council
F
ROM: Michael L. Antwine II, City Manager
APPR
OVED Michael L. Antiwne II (e-signature)
BY: ________________________________
Michael L. Antwine II, City Manager
SU
BJECT: Approve the sale of Bell Community Housing Authority property located at 6502-06 Flora Avenue.
RE
COMMENDATION:
I
t is recommended that the City Council:
1. Approve the sale of Bell Community Housing Authority property located at 6502-06 Flora Avenue; and
2. Read by title only, waive further reading and adopt Resolution 2024-42 titled:
A RE
SOLUTION OF THE BELL COMMUNITY HOUSING
AUTHORITY AUTHORIZING THE SALE OF PROPERTY
LOCATED AT 6502-6506 FLORA AVENUE IN THE CITY OF
BELL
BACKGROUND:
I
n April 2023, the City issued a written Notice of Availability (NOA) regarding the property located at 6502-06 Flora Avenue to all of the entities identified in Government Code section 54222, which include local public entities and housing sponsors that have notified the California Department of Housing and Community Development (“HCD”) of their interest in surplus land for the purpose of developing low- and moderate -income housing, to any regional park authority and the State Resources Agency for open-space purposes; and local school districts for the purpose of school facilities or use.
DISCUSSION:
D
uring the 60 -day NOA process the City did not receive any proposals in accordance with the Surplus Land Act. At the conclusion of the SLA process staff requested and received approval from the California Department of Housing and Community Development (“HCD”) of the City’s compliance with Surplus Land Act.
A
fter which, staff engaged the services of Sperry Commercial Real Estate to advertise and market the property. Over the past several months, the City has received various offers on the property and based on staff review, consultation with Sperry Real Estate firm and City Council direction,
AGENDA ITEM 2
staff is recommending the approval of Mr. Mohamad & Mrs. Cecilia Khalil as the buyer for this property. The property is zoned for multi-family residential and currently has five (5) housing units on the property.
Mr. Mohamad & Mrs. Cecilia Khalil will be the developer of this property. The buyer has committed that the proposed development will be a “For Sale” new Townhome Style Housing development project, with approximately ten (10) new townhomes being developed on the property.
The City costs for ownership of this property are unsustainable; for instance, the city pays:
property management fees, repair and maintenance costs and property liability insurance for this property. Additionally, the rent charge for this property does not cover all the City’s costs of ownership.
Once the property is sold to a private owner, the property will be placed on the property tax roll and the city can receive property tax revenue. Property Tax revenue is discretionary revenue deposited in the City’s General Fund to assist the City with maintenance essential city services such as Public Safety, Parks and Recreation services and programs, and Transportation Services.
Staff is anticipated up to 120 day escrow for this property; because the disposition process will require the City and the Developer entering into a Purchase and Sale Agreement that outlines the specific requirements from the City to the new developer regarding the construction of a new “For Sale” Townhome Style Housing Units. The Purchase and Sale Agreement will be submitted to the City Council for consideration at a later date within the 120 day escrow period.
FISCAL IMPACT
:
The property is being sold for One Millio n and Two Hundred and Forty Thousand Dollars ($1,240,000). Upon the close of escrow, the sales proceeds will be deposited in the City’s Housing Fund.
ATTACHMENTS:
1. Escrow Documents
2. Resolution
DISCLOSURE REGARDING
REAL ESTATE AGENCY RELATIONSHIP
(As required by the Civil Code)
(C.A.R. Form AD, Revised 12/21)
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2) AD REVISED 12/21 (PAGE 1 OF 2)
© 2021, California Association of REALTORS®, Inc.
n (If checked) This form is being provided in connection with a transaction for a leasehold interest exceeding one year as per Civil Code section 2079.13(j), (k), and (l).
When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction.
SELLER’S AGENT
A Seller’s agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller’s agent or a subagent of that agent has the following affirmative obligations:
To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent’s duties. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth a bove.
BUYER’S AGENT
A Buyer’s agent can, with a Buyer’s consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller’s agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations:
To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent’s duties. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.
AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acting directly or through one or more salespersons and broker associates, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer.
In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections.
In representing both Seller and Buyer, a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the Buyer’s or Seller’s financial position, motivations, bargaining position, or other personal information that may impact price, including the Seller’s willingness to accept a price less than the listing price or the Buyer’s willingness to pay a price greater than the price offered.
SELLER AND BUYER RESPONSIBILITIES
Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is representing you exclusively in the transaction or acting as a dual agent. Please pay attention to that confirmation to make sure it accurately reflects your understanding of your agent’s role.
The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction.
A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional.
If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation.
Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change.
Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE SECOND PAGE.
Buyer/Seller/Landlord/Tenant ______________________________________________________________ Date _________________ Buyer/Seller/Landlord/Tenant ______________________________________________________________ Date _________________ Agent __________________________________________________________________________ DRE Lic. # ___________________
Real Estate Broker (Firm)
By ______________________________________________________ DRE Lic. # ______________ ______ Date _________________ (Salesperson or Broker-Associate, if any)
CALIFORNIA
ASSOCIATION
OF REALTORS
®
Excellence R. E. Real Estate
Lillie Reda
Mohamad Khalil
01084559
01914184
Cecilia Khalil
Created by Lillie Reda with SkySlope® Forms
DigiSign Verified - b7a2628e-c66b-4ca1-b6bf-17b9a6487ecf Lillie Reda 04/02/2024
Cecilia Khalil 04/02/2024
Mohamad Khalil 04/02/2024
Docusign Envelope ID: F0F67863-A450-4E1D-8D40-B5DC89B71DC8
CIVIL CODE SECTIONS 2079.13 - 2079.24 (2079.16 APPEARS ON THE FRONT) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) AD REVISED 12/21 (PAGE 2 OF 2)
2079.13. As used in Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
(a) “Agent” means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. The agent in the real property transaction bears responsibility for that agent’s salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions. (b) “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes vendee or lessee of real property. (c) “Commercial real property” means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29. (d) “Dual agent” means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction. (e) “Listing agreement” means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement. (f) “Seller’s agent” means a person who has obtained a listing of real property to act as an agent for compensation. (g) “Listing price” is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the seller’s agent. (h) “Offering price” is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (i) “Offer to purchase” means a written contract executed by a buyer acting through a buyer’s agent that becomes the contract for the sale of the real property upon acceptance by the seller. (j) “Real property” means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (k) “Real property transaction” means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase. (l) “Sell,” “sale,” or “sold” refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year’s duration. (m) “Seller” means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. “Seller” includes both a vendor and a lessor of real property. (n) “Buyer’s agent” means an agent who represents a buyer in a real property transaction. 2079.14. A seller’s agent and buyer’s agent shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16, and shall obtain a signed acknowledgment of receipt from that seller and buyer, except as provided in Section 2079.15, as follows: (a) The seller’s agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The buyer’s agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer’s offer to purchase. If the offer to purchase is not prepared by the buyer’s agent, the buyer’s agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer.
2079.15. In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to Section 2079.14, the agent shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.16 Reproduced on Page 1 of this AD form.
2079.17(a) As soon as practicable, the buyer’s agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer’s agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the buyer’s agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the seller’s agent shall disclose to the seller whether the seller’s agent is acting in the real property transaction as the seller’s agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the seller’s agent prior to or coincident with the execution of that contract by the seller.
CONFIRMATION: (c) The confirmation required by subdivisions (a) and (b) shall be in the following form:
Seller’s Brokerage Firm _____________________________________________________________________ License Number ______________ Is the broker of (check one):
n the seller; or n both the buyer and seller. (dual agent) Seller’s Agent _____________________________________________________________________________ License Number ______________ Is (check one): n the Seller’s Agent. (salesperson or broker associate) n both the Buyer’s and Seller’s Agent. (dual agent) Buyer’s Brokerage _________________________________________________________________________ License Number ______________ Is the broker of (check one): n the buyer; or n both the buyer and seller. (dual agent) Buyer’s Agent _____________________________________________________________________________ License Number ______________ Is (check one): n the Buyer’s Agent. (salesperson or broker associate) n both the Buyer’s and Seller’s Agent. (dual agent) (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. An agent’s duty to provide disclosure and confirmation of representation in this section may be performed by a real estate salesperson or broker associate affiliated with that broker. 2079.18 (Repealed pursuant to AB-1289)
2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent’s employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21 (a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller. (b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidential information obtained from the buyer. (c) “Confidential information” means facts relating to the client’s financial position, motivations, bargaining position, or other personal information that may impact price, such as the seller is willing to accept a price less than the listing price or the buyer is willing to pay a price greater than the price offered. (d) This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22 Nothing in this article precludes a seller’s agent from also being a buyer’s agent. If a seller or buyer in a transaction chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent. 2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure.
DO NOT COMPLETE. SAMPLE ONL Y
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© 2021, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS ® 525 South Virgil Avenue, Los Angeles, California 90020
Created by Lillie Reda with SkySlope® Forms
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© 2023, California Association of REALTORS®, Inc.
1. EQUAL ACCESS TO HOUSING FOR ALL: All housing in California is available to all persons. Discrimination as noted below is prohibited by law. Resources are available for those who have experienced unequal treatment under the law.
2. FEDERAL AND STATE LAWS PROHIBIT DISCRIMINATION AGAINST IDENTIFIED PROTECTED CLASSES:
A. FEDERAL FAIR HOUSING ACT (“FHA”) Title VIII of the Civil Rights Act; 42 U.S.C. §§ 3601-3619; Prohibits discrimination in sales, rental or financing of residential housing against persons in protected classes; B. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT (“FEHA”) California Government Code (“GC”) §§ 12900-12996,12955; 2 California Code of Regulations (“CCR”) §§ 12005-12271; Prohibits discrimination in sales, rental or financing of housing opportunity against persons in protected classes by providers of housing accommodation and financial assistance services as related to housing;
C.
CALIFORNIA UNRUH CIVIL RIGHTS ACT (“Unruh”) California Civil Code (“CC”) § 51; Prohibits business establishments from discriminating against, and requires full and equal accommodation, advantages, facilities, privileges, and services to persons in protected classes;
D.
AMERICANS WITH DISABILITIES ACT (“ADA”) 42 U.S.C. §§ 12181-12189; Title III of the ADA prohibits discrimination based on disability in public accommodations; and
E. OTHER FAIR HOUSING LAWS: § 504 of Rehabilitation Act of 1973 29 U.S.C. § 794; Ralph Civil Rights Act CC § 51.7; California Disabled Persons Act; CC §§ 54-55.32; any local city or county fair housing ordinances, as applicable.
3. POTENTIAL LEGAL REMEDIES FOR UNLAWFUL DISCRIMINATION: Violations of fair housing laws may result in monetary civil fines, injunctive relief, compensatory and/or punitive damages, and attorney fees and costs.
4. PROTECTED CLASSES/CHARACTERISTICS: Whether specified in Federal or State law or both, discrimination against persons based on that person’s belonging to, association with, or perceived membership in, certain classes or categories, such as the following, is prohibited. Other classes, categories or restrictions may also apply.
Race Color Ancestry National Origin Religion
Age Sex, Sexual Orientation Gender, Gender Identity,
Gender expression
Marital Status Familial Status (family with
a child or children under
18)
Citizenship Immigration Status Primary Language Military/Veteran Status Source of Income (e.g., Section 8 Voucher)
Medical Condition Disability (Mental & Physical) Genetic Information Criminal History (non- relevant convictions)
Any arbitrary characteristic
5. THE CALIFORNIA DEPARTMENT OF REAL ESTATE REQUIRES TRAINING AND SUPERVISION TO PREVENT HOUSING DISCRIMINATION BY REAL ESTATE LICENSEES:
A.
California Business & Professions Code (“B&PC”) § 10170.5(a)(4) requires 3 hours of training on fair housing for DRE license renewal; Real Estate Regulation § 2725(f) requires brokers who oversee salespersons to be familiar with the requirements of federal and state laws relating to the prohibition of discrimination.
B.
Violation of DRE regulations or real estate laws against housing discrimination by a real estate licensee may result in the loss or suspension of the licensee’s real estate license. B&PC §10177(l)(1); 10 CCR § 2780
6. REALTOR® ORGANIZATIONS PROHIBIT DISCRIMINATION: NAR Code of Ethics Article 10 prohibits discrimination in employment practices or in rendering real estate license services against any person because of race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity by REALTORS®.
7. WHO IS REQUIRED TO COMPLY WITH FAIR HOUSING LAWS?
Below is a non-exclusive list of providers of housing accommodations or financial assistance services as related to housing who are most likely to be encountered in a housing transaction and who must comply with fair housing laws. ● Sellers ● Landlords/Housing Providers ● Sublessors ● Real estate licensees ● Real estate brokerage firms ● Property managers ● Mobilehome parks ● Homeowners Associations (“HOAs”); ● Banks and Mortgage lenders ● Insurance companies ● Government housing services ● Appraisers
8. EXAMPLES OF CONDUCT THAT MAY NOT BE MOTIVATED BY DISCRIMINATORY INTENT BUT COULD HAVE A DISCRIMINATORY EFFECT:
A. Prior to acceptance of an offer, asking for or offering buyer personal information or letters from the buyer, especially with photos.
Those types of documents may inadvertently reveal, or be perceived as revealing, protected status information thereby increasing the risk of (i) actual or unconscious bias, and (ii) potential legal claims against sellers and others by prospective buyers whose offers were rejected.
B. Refusing to rent (i) an upper-level unit to an elderly tenant out of concern for the tenant’s ability to navigate stairs or (ii) a house with a pool to a person with young children out of concern for the children’s safety.
9. EXAMPLES OF UNLAWFUL OR IMPROPER CONDUCT BASED ON A PROTECTED CLASS OR CHARACTERISTIC:
A. Refusing to negotiate for a sale, rental or financing or otherwise make a housing opportunity unavailable; failing to present offers due to a person’s protected status;
B. Refusing or failing to show, rent, sell or finance housing; “channeling” or “steering” a prospective buyer or tenant to or away from a particular area due to that person’s protected status or because of the racial, religious or ethnic composition of the neighborhood; C. “Blockbusting” or causing “panic selling” by inducing a listing, sale or rental based on the grounds of loss of value of property, increase in crime, or decline in school quality due to the entry or prospective entry of people in protected categories into the neighborhood;
D.
Making any statement or advertisement that indicates any preference, limitation, or discrimination; E. Inquiring about protected characteristics (such as asking tenant applicants if they are married, or prospective purchasers if they have children or are planning to start a family);
FHDA REVISED 6/23 (PAGE 1 OF 2)
FAIR HOUSING AND DISCRIMINATION ADVISORY
(C.A.R. Form FHDA, Revised 6/23)
FAIR HOUSING AND DISCRIMINATION ADVISORY (FHDA PAGE 1 OF 2)
CALIFORNIA
ASSOCIATION
OF REALTORS
®
Created by Lillie Reda with SkySlope® Forms
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F. Using criminal history information before otherwise affirming eligibility, and without a legally sufficient justification; G. Failing to assess financial standards based on the portion of the income responsible by a tenant who receives government subsidies (such as basing an otherwise neutral rent to income ratio on the whole rent rather than just the part of rent that is the tenant’s responsibility);
H.
Denying a home loan or homeowner’s insurance;
I. Offering inferior terms, conditions, privileges, facilities or services; J. Using different qualification criteria or procedures for sale or rental of housing such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures or other requirements; K.
Harassing a person;
L. Taking an adverse action based on protected characteristics; M. Refusing to permit a reasonable modification to the premises, as requested by a person with a disability (such as refusing to allow a tenant who uses a wheelchair to install, at their expense, a ramp over front or rear steps, or refusing to allow a tenant with a physical disability from installing, at their own expense, grab bars in a shower or bathtub); N.
Refusing to make reasonable accommodation in policies, rules, practices, or services for a person with a disability (such as the following, if an actual or prospective tenant with a disability has a service animal or support animal):
(i)
Failing to allow that person to keep the service animal or emotional support animal in rental property, (ii) Charging that person higher rent or increased security deposit, or (iii) Failing to show rental or sale property to that person who is accompanied by the service animal or support animal, and; O. Retaliating for asserting rights under fair housing laws.
10. EXAMPLES OF POSITIVE PRACTICES:
A.
Real estate licensees working with buyers or tenants should apply the same objective property selection criteria, such as location/ neighborhood, property features, and price range and other considerations, to all prospects.
B.
Real estate licensees should provide complete and objective information to all clients based on the client’s selection criteria.
C. Real estate licensees should provide the same professional courtesy in responding to inquiries, sharing of information and offers of assistance to all clients and prospects.
D.
Housing providers should not make any statement or advertisement that directly or indirectly implies preference, limitation, or discrimination regarding any protected characteristic (such as “no children” or “English-speakers only”).
E.
Housing providers should use a selection process relying on objective information about a prospective buyer’s offer or tenant’s application and not seek any information that may disclose any protected characteristics (such as using a summary document, e.g. C.A.R. Form SUM-MO, to compare multiple offers on objective terms).
11. FAIR HOUSING RESOURCES: If you have questions about your obligations or rights under the Fair Housing laws, or you think you have been discriminated against, you may want to contact one or more of the sources listed below to discuss what you can do about it, and whether the resource is able to assist you.
A.
Federal: https://www.hud.gov/program_offices/fair_housing_equal_opp B. State: https://calcivilrights.ca.gov/housing/
C. Local: local Fair Housing Council office (non-profit, free service) D. DRE: https://www.dre.ca.gov/Consumers/FileComplaint.html E. Local Association of REALTORS®. List available at: https://www.car.org/en/contactus/rosters/localassociationroster.
F. Any qualified California fair housing attorney, or if applicable, landlord-tenant attorney.
12. LIMITED EXCEPTIONS TO FAIR HOUSING REQUIREMENTS: No person should rely on any exception below without first seeking legal advice about whether the exception applies to their situation. Real estate licensees are not qualified to provide advice on the application of these exceptions.
A.
Legally compliant senior housing is exempt from FHA, FEHA and Unruh as related to age or familial status only; B. An owner of a single-family residence who resides at the property with one lodger may be exempt from FEHA for rental purposes, PROVIDED no real estate licensee is involved in the rental; C. An owner of a single-family residence may be exempt from FHA for sale or rental purposes, PROVIDED (i) no real estate licensee is involved in the sale or rental and (ii) no discriminatory advertising is used, and (iii) the owner owns no more than three single-family residences. Other restrictions apply; D. An owner of residential property with one to four units who resides at the property, may be exempt from FHA for rental purposes, PROVIDED no real estate licensee is involved in the rental; and E.
Both FHA and FEHA do not apply to roommate situations. See, Fair Housing Council v Roommate.com LLC, 666 F.3d 1216 (2019).
F. Since both the 14th Amendment of the U.S. Constitution and the Civil Rights Act of 1866 prohibit discrimination based on race; the FHA and FEHA exemptions do not extend to discrimination based on race.
Buyer/Tenant and Seller/Housing Provider have read, understand and acknowledge receipt of a copy of this Fair Housing & Discrimination Advisory.
Buyer/Tenant _____________________________________________________________________________ Date _______________ Buyer/Tenant _____________________________________________________________________________ Date _______________ Seller/Housing provider _____________________________________________________________________ Date _______________ Seller/Housing provider _____________________________________________________________________ Date _______________ FHDA REVISED 6/23 (PAGE 2 OF 2)
FAIR HOUSING AND DISCRIMINATION ADVISORY (FHDA PAGE 2 OF 2) Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS
®
525 South Virgil Avenue, Los Angeles, California 90020
© 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Created by Lillie Reda with SkySlope® Forms
Cecilia Khalil
Bell city community housing authority
Mohamad Khalil
DigiSign Verified - b7a2628e-c66b-4ca1-b6bf-17b9a6487ecf Cecilia Khalil 04/02/2024
04/02/2024Mohamad Khalil
Docusign Envelope ID: F0F67863-A450-4E1D-8D40-B5DC89B71DC8 City Manager/Executive Director
9/20/2024
Michael L. Antwine II
A real estate broker (Broker), whether a corporation, partnership or sole proprietorship, may represent more than one buyer or seller. This multiple representation can occur through an individual licensed as a broker or salesperson or through different individual broker’s or salespersons (associate licensees) acting under the Broker’s license. The associate licensees may be working out of the same or different office locations.
Multiple Buyers: Broker (individually or through its associate licensees) may be working with many prospective buyers at the same time. These prospective buyers may have an interest in, and make offers on, the same properties. Some of these properties may be listed with Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any particular property whether or not Broker represents other buyers interested in the same property.
Multiple Sellers: Broker (individually or through its associate licensees) may have listings on many properties at the same time. As a result, Broker will attempt to find buyers for each of those listed properties. Some listed properties may appeal to the same prospective buyers. Some properties may attract more prospective buyers than others. Some of these prospective buyers may be represented by Broker and some may not. Broker will market all listed properties to all prospective buyers whether or not Broker has another or other listed properties that may appeal to the same prospective buyers.
Dual Agency: If Seller is represented by Broker, Seller acknowledges that broker may represent prospective buyers of Seller’s property and consents to Broker acting as a dual agent for both seller and buyer in that transaction. If Buyer is represented by Broker, buyer acknowledges that Broker may represent sellers of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both buyer and seller with regard to that property.
In the event of dual agency, seller and buyer agree that: a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the buyer’s or seller’s financial position, motivations, bargaining position, or other personal information that may impact price, including the seller’s willingness to accept a price less than the listing price or the buyer’s willingness to pay a price greater than the price offered; and except as set forth above, a dual agent is obligated to disclose known facts materially affecting the value or desirability of the Property to both parties.
Offers not necessarily confidential: Buyer is advised that seller or listing agent may disclose the existence, terms, or conditions of buyer’s offer unless all parties and their agent have signed a written confidentiality agreement. Whether any such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice in the real estate community, the listing agent’s marketing strategy and the instructions of the seller.
Buyer and seller understand that Broker may represent more than one buyer or more than one seller and even both buyer and seller on the same transaction and consents to such relationships.
Seller and/or Buyer acknowledges reading and understanding this Possible Representation of More Than One Buyer or Seller - Disclosure and Consent and agrees to the agency possibilities disclosed.
Seller _________________________________________________________________________ Date __________
Seller ____________________________________________________________________________ Date __________ Buyer ____________________________________________________________________________ Date __________ Buyer _________________________________________________________________________ Date __________ Buyer’s Brokerage Firm _______________________________________ DRE Lic # __________ By ________________________________________________________ DRE Lic # __________ Date __________ Seller’s Brokerage Firm _______________________________________ DRE Lic # _____ _____ By ________________________________________________________ DRE Lic # __________ Date __________ PRBS REVISED 12/21 (PAGE 1 OF 1)
POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER
OR SELLER - DISCLOSURE AND CONSENT
(C.A.R. Form PRBS, Revised 12/21)
POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER (PRBS PAGE 1 OF 1) © 2021, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
CALIFORNIA
ASSOCIATION
OF REALTORS
®
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
Luis Vazquez
Sperry Commercial Global Affiliates LLC.
Mohamad Khalil
01914184Excellence R. E. Real Estate
Lillie Reda
Bell city community housing authority
Created by Lillie Reda with SkySlope® Forms
01084559
00841513
01232786
Cecilia Khalil
DigiSign Verified - b7a2628e-c66b-4ca1-b6bf-17b9a6487ecf 04/02/2024Lillie Reda
04/02/2024Cecilia Khalil
Mohamad Khalil 04/02/2024
Docusign Envelope ID: F0F67863-A450-4E1D-8D40-B5DC89B71DC8 City Manager/Executive DirectorMichael L. Antwine II
WIRE FRAUD AND ELECTRONIC FUNDS
TRANSFER ADVISORY
(C.A.R. Form WFA, Revised 12/21)
WIRE FRAUD AND ELECTRONIC FUNDS TRANSFER ADVISORY (WFA PAGE 1 OF 1) © 2021, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
WFA REVISED 12/21 (PAGE 1 OF 1)
Property Address: _________________________________________________________________ (“Property”).
WIRE FRAUD AND ELECTRONIC FUNDS TRANSFERS ADVISORY:
The ability to communicate and conduct business electronically is a convenience and reality in nearly all parts of our lives.
At the same time, it has provided hackers and scammers new opportunities for their criminal activity. Many businesses have been victimized and the real estate business is no exception.
While wiring or electronically transferring funds is a welcome convenience, we all need to exercise extreme caution. Emails attempting to induce fraudulent wire transfers have been received and have appeared to be legitimate. Reports indicate that some hackers have been able to intercept emailed transfer instructions, obtain account information and, by altering some of the data, redirect the funds to a different account. It also appears that some hackers were able to provide false phone numbers for verifying the wiring or funds transfer instructions. In those cases, the victim called the number provided to confirm the instructions, and then unwittingly authorized a transfer to somewhere or someone other than the intended recipient.
ACCORDINGLY, YOU ARE ADVISED:
1. Obtain phone numbers and account numbers only from Escrow Officers, Property Managers, or Landlords at the beginning of the transaction.
2. DO NOT EVER WIRE OR ELECTRONICALLY TRANSFER FUNDS PRIOR TO CALLING TO CONFIRM THE TRANSFER INSTRUCTIONS. ONLY USE A PHONE NUMBER YOU WERE PROVIDED PREVIOUSLY. Do not use any different phone number or account number included in any emailed transfer instructions.
3. Orally confirm the transfer instruction is legitimate and confirm the bank routing number, account numbers and other codes before taking steps to transfer the funds.
4. Avoid sending personal information in emails or texts. Provide such information in person or over the telephone directly to the Escrow Officer, Property Manager, or Landlord.
5. Take steps to secure the system you are using with your email account. These steps include creating strong passwords, using secure WiFi, and not using free services.
If you believe you have received questionable or suspicious wire or funds transfer instructions, immediately notify your bank, and the other party, and the Escrow Office, Landlord, or Property Manager. The sources below, as well as others, can also provide information:
Federal Bureau of Investigation: https://www.fbi.gov/; the FBI’s IC3 at www.ic3.gov; or 310-477-6565 National White Collar Crime Center: http://www.nw3c.org/ On Guard Online: https://www.onguardonline.gov/
NOTE: There are existing alternatives to electronic and wired fund transfers such as cashier’s checks.
By signing below, the undersigned acknowledge that each has read, understands and has received a copy of this Wire Fraud and Electronic Funds Transfer Advisory.
Buyer/Tenant ____________________________________________________________ Date ___________________ Buyer/Tenant ____________________________________________________________ Date ___________________ Seller/Landlord ___________________________________________________________ Date ___________________ Seller/Landlord ___________________________________________________________ Date ___________________ Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
CALIFORNIA
ASSOCIATION
OF REALTORS
®
Created by Lillie Reda with SkySlope® Forms
Bell city community housing authority
Cecilia Khalil
6502 - 06 Flora Ave, Bell, CA 90201
Mohamad Khalil
DigiSign Verified - b7a2628e-c66b-4ca1-b6bf-17b9a6487ecf 04/02/2024Cecilia Khalil
Mohamad Khalil 04/02/2024
Docusign Envelope ID: F0F67863-A450-4E1D-8D40-B5DC89B71DC8 Michael L. Antwine II
9/20/2024
City Manager/Executive Director
RIPA REVISED 6/23 (PAGE 1 OF 18)
RESIDENTIAL INCOME PURCHASE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(C.A.R. FORM RIPA, Revised 6/23)
RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RIP A PAGE 1 OF 18) Date Prepared:________________
1. OFFER:
A. THIS IS AN OFFER FROM________________________________________________________________________(“Buyer”). □ Individual(s), □ A Corporation, □ A Partnership, □ An LLC, □ Other ___________________________________________.
B. THE PROPERTY to be acquired is __________________________________________________________________, situated in _______________________________ (City), _________________________ (County), California, ___________(Zip Code), Assessor’s Parcel No(s)._______________________________________________________________________(“Property”). (Postal/Mailing address may be different from city jurisdiction. Buyer is advised to investigate.) C. THE TERMS OF THE PURCHASE ARE SPECIFIED BELOW AND ON THE FOLLOWING PAGES.
D. Buyer and Seller are referred to herein as the “Parties.” Brokers and Agents are not Parties to this Agreement.
2. AGENCY:
A. DISCLOSURE: The Parties each acknowledge receipt of a “Disclosure Regarding Real Estate Agency Relationships” (C.A.R.
Form AD) if represented by a real estate licensee. Buyer’s Agent is not legally required to give to Seller’s Agent the AD form Signed by Buyer. Seller’s Agent is not legally obligated to give to Buyer’s Agent the AD form Signed by Seller.
B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction.
Seller’s Brokerage Firm __________________________________________________License Number_________________ Is the broker of (check one): n the Seller; or n both the Buyer and Seller (Dual Agent).
Seller’s Agent____________________________________________________________License Number_________________ Is (check one): n the Seller’s Agent (Salesperson or broker associate); or n both the Buyer’s and Seller’s Agent (Dual Agent).
Buyer’s Brokerage Firm __________________________________________________License Number_________________ Is the broker of (check one): n the Buyer; or n both the Buyer and Seller (Dual Agent).
Buyer’s Agent____________________________________________________________License Number_________________ Is (check one): n the Buyer’s Agent (Salesperson or broker associate); or n both the Buyer’s and Seller’s Agent (Dual Agent).
C. n More than one Brokerage represents n Seller, n Buyer. See, Additional Broker Acknowledgement (C.A.R. Form ABA).
D. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a n “Possible Representation of More than One Buyer or Seller - Disclosure and Consent” (C.A.R. Form PRBS).
3. TERMS OF PURCHASE AND ALLOCATION OF COSTS: The items in this paragraph are contractual terms of the Agreement.
Referenced paragraphs provide further explanation. This form is 18 pages. The Parties are advised to read all 18 pages.
Paragraph
#
Paragraph Title or Contract
Term
Terms and Conditions Additional Terms
A 5, 5B (cash) Purchase Price $ ____________________________________ n All Cash B Close Of Escrow (COE) _____ Days after Acceptance
OR on ____________ (date)
(mm/dd/yyyy)
C 39A Expiration of Offer 3 calendar days after all Buyer Signature(s) or _____________ (date) at 5PM or _____
n AM/
n PM
D(1) 5A(1) Initial Deposit Amount $ ______________ (_____% of purchase price) (% number above is for calculation purposes
and is not a contractual term)
within 3 (or _____) business days
after Acceptance by wire transfer
OR
n _______________________
D(2) 5A(2) n Increased Deposit
(Money placed into escrow after
the initial deposit. Use form DID at
time increased deposit is made.)
$ ______________ (_____% of purchase price)
(% number above is for calculation purposes
and is not a contractual term)
Upon removal of all contingencies
OR
n __________________ (date)
OR n _______________________
E(1) 5C(1) Loan Amount(s): First Interest Rate
Points
If FHA or VA checked, Deliver list of
lender required repairs
$ ______________ (_____% of purchase price)
Fixed rate or
n Initial adjustable rate
• not to exceed _____%
• Buyer to pay up to _____ points to obtain rate
above
17 (or _____) Days after Acceptance
Conventional or, if checked,
n FHA (Forms FVAC/HID attached)
n VA (Form FVAC attached)
n Seller Financing
n Assumed Financing
n Subject To Financing
n Other: _____________________
E(2) 5C(2) Additional Financed Amount
Interest Rate
Points
$ ____________ (_____% of purchase price)
Fixed rate or n Initial adjustable rate
• not to exceed _____%
• Buyer to pay up to _____ points to obtain rate
above
Conventional or, if checked,
n Seller Financing
n Assumed Financing
n Subject To Financing
n Other: _____________________
E(3) 7A Occupancy Type Investment, or if checked, n Primary n Secondary F 5D Balance of Down Payment $________________________________ PURCHASE PRICE TOTAL $________________________________
© 2023, California Association of REALTORS®, Inc.
Buyer’s Initials _________/__________ Seller’s Initials _________/__________ 4 CALIFORNIA
ASSOCIATION
OF REALTORS
®
00841513
90201
04/02/2024
820,260.00
0.00 Created by Lillie Reda with SkySlope® Forms
4 0.00
251,540.00
4 01084559
1,171,800.00
Sperry Commercial Global Affiliates LLC.
4 4
70.00 100,000.00
6502 - 06 Flora Ave
01914184
4 1,171,800.00
6325-015-900
Luis Vazquez
8.53 25
Lillie Reda
01232786
Mohamad Khalil, Cecilia Khalil
Excellence R. E. Real Estate
Los AngelesBell
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Paragraph
#
Paragraph Title or Contract
Term
Terms and Conditions Additional Terms
G(1) 5E Seller Credit, if any, to Buyer n $_____________ (_____% of purchase price) (% number above is for calculation purposes and
is not a contractual term)
Seller credit to be applied to closing
costs OR
n Other: _____________________
G(2) ADDITIONAL FINANCE TERMS: _____________________________________________________________________________________ ________________________________________________________________________________________________________________ G(3) 21 □ Seller agrees to pay the obligation of Buyer to compensate Buyer’s Broker under a separate agreement (C.A.R.
Form SPBB attached). Seller’s Broker’s offer, if any, to compensate Buyer’s Broker is unaffected unless Otherwise Agreed.
H(1) 5B Verification of All Cash (sufficient
funds)
Attached to the offer or n 3 (or _____) Days
after Acceptance
H(2) 6A Verification of Down Payment and
Closing Costs
Attached to the offer or n 3 (or _____) Days
after Acceptance
H(3) 6B Verification of Loan Application Attached to the offer or n 3 (or _____) Days after Acceptance
n Prequalification n Preapproval
n Fully underwritten preapproval
I Intentionally Left Blank
J 19 Final Verification of Condition 5 (or _____) Days prior to COE K 26 Assignment Request 17 (or _____) Days after Acceptance L 8 CONTINGENCIES TIME TO REMOVE CONTINGENCIES CONTINGENCY REMOVED L(1) 8A Loan(s) 17 (or _____) Days after Acceptance n No loan contingency L(2) 8B Appraisal: Appraisal contingency
based upon appraised value at a
minimum of purchase price or
n $ ____________________
17 (or _____) Days after Acceptance n No appraisal contingency Removal of appraisal contingency
does not eliminate appraisal
cancellation rights in FVAC.
L(3) 8C, 15 Investigation of Property 17 (or _____) Days after Acceptance
REMOVAL OR WAIVER OF
CONTINGENCY:
Any contingency in L(1)-L(7) may be
removed or waived by checking the
applicable box above or attaching a
Contingency Removal (C.A.R. Form
CR) and checking the applicable
box therein. Removal or Waiver at
time of offer is against Agent advice.
See paragraph 8H.
n CR attached
Informational Access to Property 17 (or _____) Days after Acceptance Buyer’s right to access the Property for informational purposes only is NOT a contingency and does NOT create additional cancellation rights for Buyer.
L(4) 8D, 17A Review of Seller Documents 17 (or _____) Days after Acceptance, or 5 Days after Delivery, whichever is later
L(5) 8E, 16A Preliminary ("Title") Report 17 (or _____) Days after Acceptance or 5 Days after Delivery, whichever is later
L(6) 8F, 11H Common Interest Disclosures
required by Civil Code § 4525 or this
Agreement
17 (or _____) Days after Acceptance, or 5 Days
after Delivery, whichever is later
L(7) 8G, 9B(6) Review of leased or liened items
(Such as for solar panels or propane
tanks or PACE or HERO liens)
17 (or _____) Days after Acceptance, or 5 Days
after Delivery, whichever is later
L(8) 8J Sale of Buyer's Property
Sale of Buyer’s property is not a contingency, UNLESS checked here:
n C.A.R. Form
COP attached
M Possession Time for Performance Additional Terms
M(1) 3E(3), 7A Vacant Units to be delivered Vacant
Tenant Occupied Units to be
delivered subject to tenant rights
Upon notice of recordation
On COE date □ Unit(s) ______ to be delivered
vacant. C.A.R. Form TOPA
attached.
M(2) 7C Seller Occupied to be delivered
vacant
Upon Notice or recordation, OR □ 6 PM or
____ □AM/□PM
On COE date or, if checked below,
n ____ days after COE (29 or fewer days)
n ____ days after COE (30 or more days)
C.A.R. Form SIP attached if 29 or
fewer days. C.A.R. Form RLAS
attached if 30 or more days.
N Documents/Fees/Compliance Time for Performance
N(1) 17A Seller Delivery of Documents 7 (or _____) Days after Acceptance N(2) 22B Sign and return Escrow Holder
General Provisions, Supplemental
Instructions
5 (or _____) Days after Delivery
N(3) 11H(2) Time to pay fees for ordering HOA
Documents
3 (or _____) Days after Acceptance
N(4) 10B(1) Install smoke alarm(s), CO detector(s),
water heater bracing
7 (or _____) Days after Acceptance
N(5) 35 Evidence of representative authority 3 Days after Acceptance RIPA REVISED 6/23 (PAGE 2 OF 18)
RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RIP A PAGE 2 OF 18) Property Address:________________________________________________________________________ Date:________________ Buyer’s Initials _________/__________ Seller’s Initials _________/__________ 4 4
04/02/2024
4 0.00
4 6502 - 06 Flora Ave, Bell, CA 90201
4 4
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RIPA REVISED 6/23 (PAGE 3 OF 18)
RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RIP A PAGE 3 OF 18) O Intentionally Left Blank
P Items Included and Excluded
P(1) 9 Items Included - All items specified in Paragraph 9B are included and the following, if checked:
□ ____________________________. n _______________________________. n __________________________.
P(2) Excluded Items:
n ____________________________; n _______________________________; n __________________________; Q Allocation of Costs
Paragraph
#
Item Description Who Pays (if Both is checked, cost to be split equally unless Otherwise Agreed)
Additional Terms
Q(1) 10A,
11B(1)(A)
Natural Hazard Zone Disclosure
Report, including tax information
n Buyer n Seller n Both _________________
_____________________________________
_____________________________________
n Environmental
n Other ____________________
n Provided by: _______________
Q(2) _______________________ Report n Buyer n Seller n Both _________________ Q(3) _______________________ Report n Buyer n Seller n Both _________________ Q(4) 10B(1) Smoke alarms, CO detectors, water
heater bracing
n Buyer n Seller n Both _________________
Q(5) 10A
10B(2)
Government Required Point of Sale
inspections, reports
n Buyer n Seller n Both _________________
Q(6) 10B(2) Government Required Point of Sale
corrective/remedial actions
n Buyer n Seller n Both _________________
Q(7) 10B(4)(A) Fire extinguishers, sprinklers, hoses n Buyer n Seller n Both _________________ Q(8) 10B(4)(B) Drain cover and anti-entrapment
devices for pool/spa
n Buyer n Seller n Both _________________
Q(9) 22B Escrow Fees n Buyer n Seller n Both _________________ n Each to pay their own fees
Escrow Holder:
____________________________
Q(10) 16 Owner's title insurance policy n Buyer n Seller n Both _________________ Title Company (If different from Escrow Holder):
____________________________
Q(11) Buyer’s Lender title insurance policy Buyer Unless Otherwise Agreed, Buyer shall purchase any title insurance
policy insuring Buyer’s lender.
Q(12) County transfer tax, fees
n Buyer n Seller n Both _________________
Q(13) City transfer tax, fees n Buyer n Seller n Both _________________ Q(14) 11H(2) HOA fee for preparing disclosures Seller
Q(15) HOA certification fee Buyer
Q(16) HOA transfer fees n Buyer n Seller n Both _________________ Unless Otherwise Agreed, Seller shall pay for separate HOA move-
out fee and Buyer shall pay for
separate move-in fee. Applies if
separately billed or itemized with
cost in transfer fee.
Q(17) Private transfer fees Seller, or if checked,
n Buyer n Both
_____________________________________
Q(18) 10B(4) Installation of safety features, required
by law
n Buyer n Seller n Both _________________
Q(19) ___________________ fees or costs n Buyer n Seller n Both _________________ Q(20) 10C Home warranty plan, chosen by Buyer.
Coverage includes, but is not limited
to: ___________________________
______________________________
n Buyer n Seller n Both _________________
n Buyer waives home warranty plan
If Seller or Both checked, Seller’s
cost not to exceed $ ___________.
Issued by: ___________________
____________________________
R Additional Tenancy Documents:
□ Income and Expense Statements □ Tenant Estoppel Certificate S OTHER TERMS: __________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________
4. PROPERTY ADDENDA AND ADVISORIES: (check all that apply) A. PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below:
n Probate Agreement Purchase Addendum (C.A.R. Form PA-PA) n Mixed Use Purchase Addendum (C.A.R. Form MU-PA) n Other ___________________________________________ Property Address:________________________________________________________________________ Date:________________ Buyer’s Initials _________/__________ Seller’s Initials _________/__________ 4 Sellers choice
funds.
4 4
4 6502 - 06 Flora Ave, Bell, CA 90201
4 sellers choice
seller
4 04/02/2024
4 4
4 Sellers choice
Seller is willing to pay all cash if needed. Please see attached proof of 4 Created by Lillie Reda with SkySlope® Forms
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RIPA REVISED 6/23 (PAGE 4 OF 18)
B. OTHER ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below:
n Addendum #______________ (C.A.R. Form ADM) n Assumed Financing Addendum (C.A.R. Form AFA) n Short Sale Addendum (C.A.R. Form SSA) n Back Up Offer Addendum (C.A.R. Form BUO) n Court Confirmation Addendum (C.A.R. Form CCA)
n Septic, Well, Property Monument and Propane Addendum (C.A.R. Form SWPI) n Buyer Intent to Exchange Addendum (C.A.R. Form BXA) n Seller Intent to Exchange Addendum (C.A.R. Form SXA) n Other ___________________________________________ n Other ___________________________________________ C. BUYER AND SELLER ADVISORIES: (Note: All Advisories below are provided for reference purposes only and are not intended to be incorporated into this Agreement.)
n Buyer's Investigation Advisory (C.A.R. Form BIA) n Fair Housing and Discrimination Advisory (C.A.R. Form FHDA) n Wire Fraud Advisory (C.A.R. Form WFA) n Cal. Consumer Privacy Act Advisory (C.A.R. Form CCPA) (Parties may also receive a privacy disclosure from their own Agent.) n Wildfire Disaster Advisory (C.A.R. Form WFDA) n Statewide Buyer and Seller Advisory (C.A.R. Form SBSA) n Trust Advisory (C.A.R. Form TA) n Short Sale Information and Advisory (C.A.R. Form SSIA) n REO Advisory (C.A.R. Form REO) n Probate Advisory (C.A.R. Form PA) n Other: __________________________________________ n Other ___________________________________________
5. ADDITIONAL TERMS AFFECTING PURCHASE PRICE: Buyer represents that funds will be good when deposited with Escrow Holder.
A.
DEPOSIT:
(1) INITIAL DEPOSIT: Buyer shall deliver deposit directly to Escrow Holder. If a method other than wire transfer is specified in paragraph 3D(1) and such method is unacceptable to Escrow Holder, then upon notice from Escrow Holder, delivery shall be by wire transfer.
(2)
INCREASED DEPOSIT: Increased deposit to be delivered to Escrow Holder in the same manner as the Initial Deposit. If the Parties agree to liquidated damages in this Agreement, they also agree to incorporate the increased deposit into the liquidated damages amount by signing a new liquidated damages clause (C.A.R. Form DID) at the time the increased deposit is delivered to Escrow Holder.
(3)
RETENTION OF DEPOSIT: Paragraph 36, if initialed by all Parties or otherwise incorporated into this Agreement, specifies a remedy for Buyer’s default. Buyer and Seller are advised to consult with a qualified California real estate attorney: (i) Before adding any other clause specifying a remedy (such as release or forfeiture of deposit or making a deposit non-refundable) for failure of Buyer to complete the purchase. Any such clause shall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code; and (ii) Regarding possible liability and remedies if Buyer fails to deliver the deposit.
B.
ALL CASH OFFER: If an all cash offer is specified in paragraph 3A, no loan is needed to purchase the Property. This Agreement is NOT contingent on Buyer obtaining a loan. Buyer shall, within the time specified in paragraph 3H(1), Deliver written verification of funds sufficient for the purchase price and closing costs.
C. LOAN(S):
(1)
FIRST LOAN: This loan will provide for conventional financing UNLESS FHA, VA, Seller Financing (C.A.R. Form SFA), Assumed Financing, Subject To Financing, or Other is checked in paragraph 3E(1). (2) ADDITIONAL FINANCED AMOUNT: If an additional financed amount is specified in paragraph 3E(2), that amount will provide for conventional financing UNLESS Seller Financing (C.A.R. Form SFA), Assumed Financing, Subject To Financing, or Other is checked in paragraph 3E(2).
(3) BUYER’S LOAN STATUS: Buyer authorizes Seller and Seller’s Authorized Agent to contact Buyer’s lender(s) to determine the status of any Buyer’s loan specified in paragraph 3E, or any alternate loan Buyer pursues, whether or not a contingency of this Agreement. If the contact information for Buyer’s lender(s) is different from that provided under the terms of paragraph 6B, Buyer shall Deliver the updated contact information within 1 Day of Seller’s request. (4)
FHA/VA: If FHA or VA is checked in paragraph 3E(1), a FHA/VA amendatory clause (C.A.R. Form FVAC) shall be incorporated and Signed by all Parties. Buyer shall, within the time specified in paragraph 3E(1), Deliver to Seller written notice (C.A.R. Form RR or AEA) (i) of any lender requirements that Buyer requests Seller to pay for or otherwise correct or (ii) that there are no lender requirements. Notwithstanding Seller’s agreement that Buyer may obtain FHA or VA financing, Seller has no obligation to pay or satisfy any or all lender requirements unless agreed in writing. (5)
ASSUMED OR SUBJECT TO FINANCING: Seller represents that Seller is not delinquent on any payments due on any loans. If the Property is acquired subject-to an existing loan, Buyer and Seller are advised to consult with legal counsel regarding the ability of an existing lender to call the loan due, and the consequences thereof.
D.
BALANCE OF PURCHASE PRICE (DOWN PAYMENT) (including all-cash funds) to be deposited with Escrow Holder pursuant to Escrow Holder instructions.
E. LIMITS ON CREDITS TO BUYER: Any credit to Buyer, from any source, for closing or other costs that is agreed to by the Parties (“Contractual Credit”) shall be disclosed to Buyer’s lender, if any, and made at Close Of Escrow. If the total credit allowed by Buyer’s lender (“Lender Allowable Credit”) is less than the Contractual Credit, then (i) the Contractual Credit from Seller shall be reduced to the Lender Allowable Credit, and (ii) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit.
6. ADDITIONAL FINANCING TERMS:
A.
VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Written verification of Buyer's down payment and closing costs may be made by Buyer or Buyer’s lender or loan broker pursuant to paragraph 6B.
B. VERIFICATION OF LOAN APPLICATIONS: Buyer shall Deliver to Seller, within the time specified in paragraph 3H(3) a letter from Buyer’s lender or loan broker stating that, based on a review of Buyer’s written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified in paragraph 3E. If any loan specified in paragraph 3E is an adjustable rate loan, the prequalification or preapproval letter shall be based on the qualifying rate, not the initial loan rate.
C.
BUYER STATED FINANCING: Seller is relying on Buyer’s representation of the type of financing specified (including, but not limited to, as applicable, all cash, amount of down payment, or contingent or non-contingent loan). Seller has agreed to a specific closing date, purchase price, and to sell to Buyer in reliance on Buyer’s specified financing. Buyer shall pursue the financing specified in this Agreement, even if Buyer also elects to pursue an alternative form of financing. Seller has no obligation to cooperate with Buyer’s efforts to obtain any financing other than that specified in this Agreement but shall not interfere with closing at the purchase price on the COE date (paragraph 3B) even if based upon alternate financing. Buyer's inability to obtain alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement. 44 RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RIP A PAGE 4 OF 18) 44 Property Address:________________________________________________________________________ Date:________________ Buyer’s Initials _________/__________ Seller’s Initials _________/__________ 04/02/20246502 - 06 Flora Ave, Bell, CA 90201
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7. CLOSING AND POSSESSION:
A. OCCUPANCY: Seller shall disclose to Buyer which unit(s) are occupied by tenants (including any adult other than Seller). If a tenant occupied unit is to be delivered vacant pursuant to paragraphs 3M(1) or elsewhere, unless Otherwise Agreed, such as in a counter offer or C.A.R. Form TOPA, Seller is responsible for delivering the unit vacant. Occupancy may impact available financing.
B.
CONDITION OF PROPERTY ON CLOSING:
(1) Unless Otherwise Agreed: (i) the Property shall be delivered “As-Is” in its PRESENT physical condition as of the date of Acceptance; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow or at the time possession is delivered to Buyer, if not on the same date. If items are not removed when possession is delivered to Buyer, all items shall be deemed abandoned. Buyer, after first Delivering to Seller written notice to remove the items within 3 Days, may pay to have such items removed or disposed of and may bring legal action, as per this Agreement, to receive reasonable costs from Seller.
(2)
Buyer is strongly advised to conduct investigations of the entire Property in order to determine its present condition. Seller and Agents may not be aware of all defects affecting the Property or other factors that Buyer considers important. Property improvements may not be built according to code, in compliance with current Law, or have had all required permits issued and/or finalized.
C.
SELLER REMAINING IN POSSESSION AFTER CLOSE OF ESCROW: If Seller has the right to remain in possession after Close Of Escrow pursuant to paragraph 3M(2) or as Otherwise Agreed, (i) the Parties are advised to consult with their insurance and legal advisors for information about liability and damage or injury to persons and personal and real property; (ii) Buyer is advised to consult with Buyer’s lender about the impact of Seller’s occupancy on Buyer’s loan; and (iii) consult with a qualified California real estate attorney where the Property is located to determine the ongoing rights and responsibilities of both Buyer and Seller with regard to each other, including possible tenant rights, and what type of written agreement to use to document the relationship between the Parties.
D.
At Close Of Escrow: (i) Seller assigns to Buyer any assignable warranty rights for items included in the sale; and (ii) Seller shall Deliver to Buyer available Copies of any such warranties. Agents cannot and will not determine the assignability of any warranties.
E. Seller shall, on Close Of Escrow unless Otherwise Agreed and even if Seller remains in possession, provide keys, passwords, codes and/or means to operate all locks, mailboxes, security systems, alarms, home automation systems, intranet and Internet- connected devices included in the purchase price, garage door openers, and all items included in either paragraph 3P or paragraph 9. If the Property is a condominium or located in a common interest development, Seller shall be responsible for securing or providing any such items for Association amenities, facilities, and access. Buyer may be required to pay a deposit to the Homeowners’ Association (“HOA”) to obtain keys to accessible HOA facilities.
8. CONTINGENCIES AND REMOVAL OF CONTINGENCIES:
A.
LOAN(S):
(1) This Agreement is, unless otherwise specified in paragraph 3L(1) or an attached CR form , contingent upon Buyer obtaining the loan(s) specified. If contingent, Buyer shall act diligently and in good faith to obtain the designated loan(s). If there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise qualified for the specified loan and Buyer is able to satisfy lender’s non- appraisal conditions for closing the loan.
(2)
Buyer is advised to investigate the insurability of the Property as early as possible, as this may be a requirement for lending.
Buyer’s ability to obtain insurance for the Property, including fire insurance, is part of Buyer’s Investigation of Property contingency. Failure of Buyer to obtain insurance may justify cancellation based on the Investigation contingency but not the loan contingency.
(3)
Buyer’s contractual obligations regarding deposit, balance of down payment and closing costs are not contingencies of this Agreement, unless Otherwise Agreed.
(4) If there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the appraisal contingency. (5) NO LOAN CONTINGENCY: If "No loan contingency" is checked in paragraph 3L(1), obtaining any loan specified is NOT a contingency of this Agreement. If Buyer does not obtain the loan specified, and as a result is unable to purchase the Property, Seller may be entitled to Buyer’s deposit or other legal remedies.
B.
APPRAISAL:
(1)
This Agreement is, unless otherwise specified in paragraph 3L(2) or an attached CR form, contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the amount specified in paragraph 3L(2) , without requiring repairs or improvements to the Property. Appraisals are often a reliable source to verify square footage of the subject Property. However, the ability to cancel based on the measurements provided in an appraisal falls within the Investigation of Property contingency. The appraisal contingency is solely limited to the value determined by the appraisal.
For any cancellation based upon this appraisal contingency, Buyer shall Deliver a Copy of the written appraisal to Seller, upon request by Seller.
(2)
NO APPRAISAL CONTINGENCY: If "No appraisal contingency" is checked in paragraph 3L(2), then Buyer may not use the loan contingency specified in paragraph 3L(1) to cancel this Agreement if the sole reason for not obtaining the loan is that the appraisal relied upon by Buyer’s lender values the property at an amount less than that specified in paragraph 3L(2).
If Buyer is unable to obtain the loan specified solely for this reason, Seller may be entitled to Buyer’s deposit or other legal remedies.
(3)
n Fair Appraisal Act: The Parties acknowledge receipt of the attached Fair Appraisal Act Addendum (C.A.R. Form FAAA).
C. INVESTIGATION OF PROPERTY: This Agreement is, as specified in paragraph 3L(3), contingent upon Buyer’s acceptance of the condition of, and any other matter affecting, the Property.
D. REVIEW OF SELLER DOCUMENTS: This Agreement is, as specified in paragraph 3L(4), contingent upon Buyer’s review and approval of Seller’s documents required in paragraph 17A.
E. TITLE; Preliminary (Title) Report:
(1) This Agreement is, as specified in paragraph 3L(5), contingent upon Buyer’s ability to obtain the title policy provided for in paragraph 15G and on Buyer’s review of a current Preliminary Report and items that are disclosed or observable even if not on record or not specified in the Preliminary Report, and satisfying Buyer regarding the current status of title. Buyer is advised to review all underlying documents and other matters affecting title, including, but not limited to, any documents or deeds referenced in the Preliminary Report and any plotted easements.
RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RIP A PAGE 5 OF 18) Property Address:________________________________________________________________________ Date:________________ Buyer’s Initials _________/__________ Seller’s Initials _________/__________ 4 Created by Lillie Reda with SkySlope® Forms
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(2) Buyer has 5 Days after receipt to review a revised Preliminary Report, if any, furnished by the Title Company and cancel the transaction if the revised Preliminary Report reveals material or substantial deviations from a previously provided Preliminary Report.
F. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES (IF APPLICABLE): This Agreement is, as specified in paragraph 3L(6), contingent upon Buyer’s review and approval of Common Interest Disclosures required by Civil Code § 4525 and under paragraph 11H (“CI Disclosures”).
G. BUYER REVIEW OF LEASED OR LIENED ITEMS CONTINGENCY: Buyer’s review of and ability and willingness to assume any lease, maintenance agreement or other ongoing financial obligation, or to accept the Property subject to any lien, disclosed pursuant to paragraph 9B(6), is, as specified in paragraph 3L(7), a contingency of this Agreement. Any assumption of the lease shall not require any financial obligation or contribution by Seller. Seller, after first Delivering a Notice to Buyer to Perform, may cancel this Agreement if Buyer, by the time specified in paragraph 3L(7), refuses to enter into any necessary written agreements to accept responsibility for all obligations of Seller-disclosed leased or liened items.
H. REMOVAL OR WAIVER OF CONTINGENCIES WITH OFFER: Buyer shall have no obligation to remove a contractual contingency unless Seller has provided all required documents, reports, disclosures, and information pertaining to that contingency. If Buyer does remove a contingency without first receiving all required information from Seller, Buyer is relinquishing any contractual rights that apply to that contingency. If Buyer removes or waives any contingencies without an adequate understanding of the Property’s condition or Buyer’s ability to purchase, Buyer is acting against the advice of Agent.
I. REMOVAL OF CONTINGENCY OR CANCELLATION:
(1) For any contingency specified in paragraph 3L, 8, or elsewhere, Buyer shall, within the applicable period specified, remove the contingency or cancel this Agreement.
(2) For the contingencies for review of Seller Documents, Preliminary Report, and Condominium/Planned Development Disclosures, Buyer shall, within the time specified in paragraph 3L or 5 Days after Delivery of applicable Seller Documents, Preliminary Report, or CI Disclosures, whichever occurs later, remove the applicable contingency in writing or cancel this Agreement.
(3) If Buyer does not remove a contingency within the time specified, Seller, after first giving Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), shall have the right to cancel this Agreement.
J. SALE OF BUYER’S PROPERTY: This Agreement and Buyer’s ability to obtain financing are NOT contingent upon the sale of any property owned by Buyer unless the Sale of Buyer’s Property (C.A.R. Form COP) is checked as a contingency of this Agreement in paragraph 3L(8).
9. ITEMS INCLUDED IN AND EXCLUDED FROM SALE:
A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the Multiple Listing Service (MLS), flyers, marketing materials, or disclosures are NOT included in the purchase price or excluded from the sale unless specified in this paragraph or paragraph 3P or as Otherwise Agreed. Any items included herein are components of the Property and are not intended to affect the price. All items are transferred without Seller warranty.
B. ITEMS INCLUDED IN SALE:
(1) All EXISTING fixtures and fittings that are attached to the Property; (2) EXISTING electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar power systems, built-in appliances and appliances for which special openings or encasements have been made (whether or not included in paragraph 3P), window and door screens, awnings, shutters, window coverings (which includes blinds, curtains, drapery, shutters or any other materials that cover any portion of the window) and any associated hardware and rods, attached floor coverings, television antennas, satellite dishes, air coolers/conditioners, pool/spa equipment (including, but not limited to, any cleaning equipment such as motorized/automatic pool cleaners, pool heaters, pool nets, pool covers), garage door openers/remote controls, mailbox, in-ground landscaping, water features and fountains, water softeners, water purifiers, light bulbs (including smart bulbs) and all items specified as included in paragraph 3P, if currently existing and owned by Seller at the time of Acceptance.
Note: If Seller does not intend to include any item specified as being included above because it is not owned by Seller, whether placed on the Property by Agent, stager, tenant, or other third party, the item should be listed as being excluded in paragraph 3P or excluded by Seller in a counter offer.
(3) Security System includes any devices, hardware, software, or control units used to monitor and secure the Property, including but not limited to, any motion detectors, door or window alarms, and any other equipment utilized for such purpose. If checked in paragraph 3P, all such items are included in the sale, whether hard wired or not. (4) Home Automation (Smart Home Features) includes any electronic devices and features including, but not limited to, thermostat controls, kitchen appliances not otherwise excluded, and lighting systems, that are connected (hard wired or wirelessly) to a control unit, computer, tablet, phone, or other “smart” device. Any Smart Home devices and features that are physically affixed to the real property, and also existing light bulbs, are included in the sale. Buyer is advised to use paragraph 3P(1) or an addendum to address more directly specific items to be included. Seller is advised to use a counter offer to address more directly any items to be excluded.
(5) Non-Dedicated Devices: All smart home and security system included in the sale include control devices, except for any non-dedicated personal computer, tablet, or phone used to control such features. Buyer acknowledges that a separate device and access to wifi or Internet may be required to operate some smart home features and Buyer may have to obtain such device after Close Of Escrow. Seller shall de-list any devices from any personal accounts and shall cooperate with any transfer of services to Buyer. Buyer is advised to change all passwords and ensure the security of any smart home features. (6) LEASED OR LIENED ITEMS AND SYSTEMS: Seller, within the time specified in paragraph 3N(1), shall (i) disclose to Buyer if any item or system specified in paragraph 3P or 9B or otherwise included in the sale is leased, or not owned by Seller, or is subject to any maintenance or other ongoing financial obligation, or specifically subject to a lien or other encumbrance or loan, and (ii) Deliver to Buyer all written materials (such as lease, warranty, financing, etc.) concerning any such item.
(7) Seller represents that all items included in the purchase price, unless Otherwise Agreed, (i) are owned by Seller and shall be transferred free and clear of liens and encumbrances, except the items and systems identified pursuant to paragraph 9B(6), and (ii) are transferred without Seller warranty regardless of value. Seller shall cooperate with the identification of any software or applications and Buyer's efforts to transfer any services needed to operate any Smart Home Features or other items included in this Agreement, including, but not limited to, utilities or security systems. (8) A complete inventory of all personal property of Seller currently used in the operation of the Property and included in the purchase price shall be delivered to Buyer within the time specified in paragraph 3N(1).
RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RIP A PAGE 6 OF 18) Property Address:________________________________________________________________________ Date:________________ Buyer’s Initials _________/__________ Seller’s Initials _________/__________ 6502 - 06 Flora Ave, Bell, CA 90201
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(9) Seller shall deliver title to the personal property by Bill of Sale, free of all liens and encumbrances, and without warranty of condition.
(10) As additional security for any note in favor of Seller for any part of the purchase price, Buyer shall execute a UCC-1 Financing Statement to be filed with the Secretary of State, covering the personal property included in the purchase, replacement thereof, and insurance proceeds.
C. ITEMS EXCLUDED FROM SALE: Unless Otherwise Agreed, the following items are excluded from sale: (i) All items specified in paragraph 3P(2); (ii) audio and video components (such as flat screen TVs, speakers and other items) if any such item is not itself attached to the Property, even if a bracket or other mechanism attached to the component or item is attached to the Property; (iii) furniture and other items secured to the Property for earthquake or safety purposes. Unless otherwise specified in paragraph 3P(1), brackets attached to walls, floors or ceilings for any such component, furniture or item will be removed and holes or other damage shall be repaired, but not painted. 10 . ALLOCATION OF COSTS:
A. INSPECTIONS, REPORTS, TESTS, AND CERTIFICATES: Paragraphs 3Q(1-3) and (5) only determines who is to pay for the inspection, report, test, certificate or service mentioned; it does not determine who is to pay for any work recommended or identified in the any such document. Agreements for payment of required work should be specified elsewhere in paragraph 3Q, or 3S, or in a separate agreement (such as C.A.R. Forms RR, RRRR, ADM or AEA). Any reports in these paragraphs shall be Delivered in the time specified in Paragraph 3N(1).
B. GOVERNMENT REQUIREMENTS AND CORRECTIVE OR REMEDIAL ACTIONS:
(1) LEGALLY REQUIRED INSTALLATIONS AND PROPERTY IMPROVEMENTS: Any required installation of smoke alarm or carbon monoxide device(s) or securing of water heater shall be completed within the time specified in paragraph 3N(4).
If Buyer is to pay for these items, Buyer, as instructed by Escrow Holder, shall deposit funds into escrow or directly to the vendor completing the repair or installation. Prior to Close Of Escrow, Seller shall Deliver to Buyer written statement(s) of compliance in accordance with any Law, unless Seller is exempt. If Seller is to pay for these items and does not fulfill Seller's obligation in the time specified, and Buyer incurs costs to comply with lender requirements concerning those items, Seller shall be responsible for Buyer’s costs.
(2) POINT OF SALE REQUIREMENTS:
(A)
Point of sale inspections, reports and repairs refer to any such actions required to be completed before or after Close Of Escrow that are required in order to close under any Law. Unless Parties Otherwise Agree to another time period, any such repair, shall be completed prior to final verification of Property. If Buyer agrees to pay for any portion of such repair, Buyer, shall (i) directly pay to the vendor completing the repair or (ii) provide an invoice to Escrow Holder, deposit funds into escrow sufficient to pay for Buyer’s portion of such repair and request Escrow Holder pay the vendor completing the repair.
(B) Buyer shall be provided, within the time specified in paragraph 3N(1) , unless Parties Otherwise Agree to another time period, a Copy of any required government-conducted or point-of-sale inspection report prepared pursuant to this Agreement or in anticipation of this sale of the Property. (3) REINSPECTION FEES: If any repair in paragraph 10B(1) is not completed within the time specified and the lender requires an additional inspection to be made, Seller shall be responsible for any corresponding reinspection fee. If Buyer incurs costs to comply with lender requirements concerning those items, Seller shall be responsible for those costs. (4) INSTALLATION OF SAFETY FEATURES:
(A) The following installations shall be completed prior to final verification of condition unless Otherwise Agreed: (i) approved fire extinguisher(s), sprinkler(s), and hose(s), if required by law; and (ii) drain cover and anti-entrapment device or system meeting the minimum requirements permitted by the U.S. Consumer Products and Safety Commission for any pool or spa.
(B) If Buyer is to pay for these installations, Buyer, as instructed by Escrow Holder, shall deposit funds into escrow or directly to the vendor completing the repair or installation.
(5) INFORMATION AND ADVICE ON REQUIREMENTS: Buyer and Seller are advised to seek information from a knowledgeable source regarding local and State mandates and whether they are point of sale requirements or requirements of ownership.
Agents do not have expertise in this area and cannot ascertain all of the requirements or costs of compliance.
C. HOME WARRANTY:
(1) Buyer shall choose the home warranty plan and any optional coverages indicated. Buyer shall pay any cost of that plan, chosen by Buyer, that exceeds the amount allocated to Seller in paragraph 3Q(20). Buyer is informed that home warranty plans have many optional coverages, including but not limited to, coverages for Air Conditioner and Pool/Spa. Buyer is advised to investigate these coverages to determine those that may be suitable for Buyer and their cost. (2) If Buyer waives the purchase of a home warranty plan in paragraph 3Q(20), Buyer may still purchase a home warranty plan, at Buyer’s expense, prior to Close Of Escrow.
11. STATUTORY AND OTHER DISCLOSURES (INCLUDING LEAD-BASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS:
A. LEAD DISCLOSURES:
(1) Seller shall, within the time specified in paragraph 3N(1), for any residential property built before January 1, 1978, unless exempted by Law, Deliver to Buyer a fully completed Federal Lead-Based Paint Disclosures (C.A.R. Form LPD) and pamphlet (“Lead Disclosures”).
(2) Buyer shall, within the time specified in paragraph 3L(3), have the opportunity to conduct a risk assessment or to inspect for the presence of lead-based paint hazards.
B. RESIDENTIAL 1-4 PROPERTY DISCLOSURES:
(1) TDS, NHD, AND OTHER STATUTORY AND SUPPLEMENTAL DISCLOSURES:
(A) Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer: unless exempt, fully completed disclosures or notices required by §§ 1102 et. seq. and 1103 et. seq. of the Civil Code (“Statutory Disclosures”). Statutory Disclosures include, but are not limited to, a Real Estate Transfer Disclosure Statement (C.A.R. Form TDS), Natural Hazard Disclosure Statement ("NHD"), notice or actual knowledge of release of illegal controlled substance, notice of special tax and/or assessments (or, if allowed, substantially equivalent notice regarding the Mello-Roos Community Facilities Act of 1982 and Improvement Bond Act of 1915) and, if Seller has actual knowledge, of industrial use and military ordnance location (C.A.R. Form SPQ or ESD), and, if the Property is in a high or very high fire hazard severity area, the information, notices, documentation, and agreements required by §§ 1102.6(f) and 1102.19 of the Civil Code (C.A.R. Form FHDS).
RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RIP A PAGE 7 OF 18) Property Address:________________________________________________________________________ Date:________________ Buyer’s Initials _________/__________ Seller’s Initials _________/__________ 6502 - 06 Flora Ave, Bell, CA 90201
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(B) The Real Estate Transfer Disclosure Statement required by this paragraph is considered fully completed if Seller has completed the section titled Coordination with Other Disclosure Forms by checking a box (Section I), and Seller has completed and answered all questions and Signed the Seller’s Information section (Section II) and the Seller’s Agent, if any, has completed and Signed the Seller’s Agent's section (Section III), or, if applicable, an Agent Visual Inspection Disclosure (C.A.R. Form AVID). Section V acknowledgment of receipt of a Copy of the TDS shall be Signed after all previous sections, if applicable, have been completed. Nothing stated herein relieves a Buyer’s Agent, if any, from the obligation to (i) conduct a reasonably competent and diligent visual inspection of the accessible areas of the Property and disclose, on Section IV of the TDS, or an AVID, material facts affecting the value or desirability of the Property that were or should have been revealed by such an inspection or (ii) complete any sections on all disclosures required to be completed by Buyer’s Agent.
(C) Seller shall, within the time specified in paragraph 3N(1), provide “Supplemental Disclosures” as follows: (i) unless exempt from the obligation to provide a TDS, complete a Seller Property Questionnaire (C.A.R. Form SPQ) by answering all questions and Signing and Delivering a Copy to Buyer; (ii) if exempt from the obligation to provide a TDS, complete an Exempt Seller Disclosure (C.A.R. Form ESD) by answering all questions and Signing and Delivering a Copy to Buyer. (D) In the event Seller or Seller’s Agent, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer under this paragraph, Seller shall, in writing, promptly provide a subsequent or amended TDS, Seller Property Questionnaire or other document, in writing, covering those items. Any such document shall be deemed an amendment to the TDS or SPQ. However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies of which Buyer is otherwise aware, or which are discovered by Buyer or disclosed in reports or documents provided to or ordered and paid for by Buyer. (2)
HOME FIRE HARDENING DISCLOSURE AND ADVISORY: For any transaction where a TDS is required, the property is located in a high or very high fire hazard severity zone, and the home was constructed before January 1, 2010 , Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer: (i) a home hardening disclosure required by law; and (ii) a statement of features of which the Seller is aware that may make the home vulnerable to wildfire and flying embers; and (iii) a final inspection report regarding compliance with defensible space requirements if one was prepared pursuant to Government Code § 51182 (C.A.R. Form FHDS).
(3) DEFENSIBLE SPACE DISCLOSURE AND ADDENDUM: For any transaction in which a TDS is required and the property is located in a high or very high fire hazard severity zone, Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer (i) a disclosure of whether the Property is in compliance with any applicable defensible space laws designed to protect a structure on the Property from fire; and (ii) an addendum allocating responsibility for compliance with any such defensible space law (C.A.R. Form FHDS).
(4) WAIVER PROHIBITED: Waiver of Statutory, Lead, and other Disclosures in paragraphs 11A, 11B(1)(A), 11B(2), and 11B(3) are prohibited by Law.
C. RETURN OF SIGNED COPIES: Buyer shall, within the time specified in paragraph 3L(4) OR 5 Days after Delivery of any disclosures specified in paragraphs 11A, B(1), B(2), B(3), and defensible space addendum in paragraph 11B(3), whichever is later, return Signed Copies of the disclosures, and if applicable, addendum, to Seller.
D. TERMINATION RIGHTS:
(1) Statutory and Other Disclosures: If any disclosure specified in paragraphs 11A, B(1), B(2), or B(3), or subsequent or amended disclosure to those just specified, is Delivered to Buyer after the offer is Signed, Buyer shall have the right to terminate this Agreement within 3 Days after Delivery in person, or 5 Days after Delivery by deposit in the mail, or by an electronic record or email satisfying the Uniform Electronic Transactions Act (UETA), by giving written notice of rescission to Seller or Seller’s Authorized Agent. If Buyer does not rescind within this time period, Buyer has been deemed to have approved the disclosure and shall not have the right to cancel. (2)
Defensible Space Compliance: If, by the time specified in paragraph 11C, Buyer does not agree to the terms regarding defensible space compliance Delivered by Seller, as indicated by mutual signatures on the FHDS, then Seller, after first Delivering a Notice to Buyer to Perform, may cancel this Agreement.
E. WITHHOLDING TAXES: Buyer and Seller hereby instruct Escrow Holder to withhold the applicable required amounts to comply with federal and California withholding Laws and forward such amounts to the Internal Revenue Service and Franchise Tax Board, respectively. However, no federal withholding is required if, prior to Close Of Escrow, Seller Delivers (i) to Buyer and Escrow Holder a fully completed affidavit (C.A.R. Form AS) sufficient to avoid withholding pursuant to federal withholding Law (FIRPTA); OR (ii) to a qualified substitute (usually a title company or an independent escrow company) a fully completed affidavit (C.A.R.
Form AS) sufficient to avoid withholding pursuant to federal withholding Law AND the qualified substitute Delivers to Buyer and Escrow Holder an affidavit signed under penalty of perjury (C.A.R. Form QS) that the qualified substitute has received the fully completed Seller’s affidavit and the Seller states that no federal withholding is required; OR (iii) to Buyer other documentation satisfying the requirements under Internal Revenue Code § 1445 (FIRPTA). No withholding is required under California Law if, prior to Close Of Escrow, Escrow Holder has received sufficient documentation from Seller that no withholding is required, and Buyer has been informed by Escrow Holder.
F. MEGAN’S LAW DATABASE DISCLOSURE: Notice: Pursuant to § 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www. meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Agent are required to check this website. If Buyer wants further information, Agent recommends that Buyer obtain information from this website during Buyer’s investigation contingency period. Agents do not have expertise in this area.) G. NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES: This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Website. (Neither Seller nor Agent are required to check this website.
If Buyer wants further information, Agent recommends that Buyer obtain information from this website during Buyer’s investigation contingency period. Agents do not have expertise in this area.) H.
CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES:
(1) Seller shall, within the time specified in paragraph 3N(1), disclose to Buyer whether the Property is a condominium or is located in a planned development, other common interest development, or otherwise subject to covenants, conditions, and restrictions (C.A.R. Form SPQ or ESD).
RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RIP A PAGE 8 OF 18) Property Address:________________________________________________________________________ Date:________________ Buyer’s Initials _________/__________ Seller’s Initials _________/__________ 6502 - 06 Flora Ave, Bell, CA 90201
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(2) If the Property is a condominium or is located in a planned development or other common interest development with a HOA, Seller shall, within the time specified in paragraph 3N(3), order from, and pay any required fee for the following items to the HOA (C.A.R. Form HOA-IR): (i) Copies of any documents required by Law (C.A.R. Form HOA-RS); (ii) disclosure of any pending or anticipated claim or litigation by or against the HOA; (iii) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; (v) the names and contact information of all HOAs governing the Property; (vi) pet restrictions; and (vii) smoking restrictions (“CI Disclosures”). Seller shall itemize and Deliver to Buyer all CI Disclosures received from the HOA and any CI Disclosures in Seller’s possession. Seller shall, as directed by Escrow Holder, deposit funds into escrow or direct to HOA or management company to pay for any of the above.
I. NATURAL AND ENVIRONM ENTAL HAZARDS: Seller shall, within the time specified in paragraph 3N(1), if required by Law: (i) Deliver to Buyer the earthquake guide and environmental hazards booklet, and for all residential property with 1-4 units and any manufactured or mobile home built before January 1, 1960, fully complete and Deliver the Residential Earthquake Risk Disclosure Statement; and (ii) even if exempt from the obligation to provide a NHD, disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and (iii) disclose any other zone as required by Law and provide any other information required for those zones.
J. WATER CONSERVING PLUMBING DEVICES: Civil Code § 1101.5 requires all multi-family residential and commercial real property be equipped with water-conserving plumbing devices. Seller, within the time specified in paragraph 3N(1), shall disclose in writing whether the property includes any noncompliant plumbing fixtures. Seller may use C.A.R. Form SPQ or ESD.
See C.A.R. Form WCMD for more information.
K. SOLAR POWER SYSTEMS: For properties with any solar panels or solar power systems, Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer all known information about the solar panels or solar power system. Seller may use the Solar Advisory and Questionnaire (C.A.R. Form SOLAR).
L. ELEVATED ELEMENTS: If the Property is part of a building with 3 or more dwelling units, Health and Safety Code § 17973(m) requires that an inspection of any exterior elevated elements (such as, but not limited to, balconies, decks, stairways, and walkways) be completed by January 1, 2025 and every 6 years thereafter. Seller shall, within the time specified in paragraph 3N(1) provide to Buyer: (1) a copy of the inspection and accompanying report and, if any corrective work is required, proof that corrective work has been completed in accordance with code and permit requirements, or (2) a statement (i) that no such inspection has been made or (ii) if made, that no corrective work has been completed in accordance with the Health and Safety Code.
M. SURVEY, PLANS, AND ENGINEERING DOCUMENTS: Seller, within the time specified in paragraph 3N(1), shall provide to Buyer, Copies of surveys, plans, specifications, and engineering documents, if any, prepared on Seller’s behalf on in Seller’s possession.
N. PERMITS: Seller, within the time specified in paragraph 3N(1), shall provide to Buyer, if in Seller’s possession, copies of all permits and approvals, certificates of occupancy, conditional use permits, development plans, and licenses and permits pertaining to the operation of the Property.
O. STRUCTURAL MODIFICATIONS: Seller, within the time specified in paragraph 3N(1) , shall in writing disclose to Buyer, Known structural additions or alterations to, or the installation, alteration, repair or replacement of, significant components of the structure(s) upon the Property.
P. GOVERNMENTAL COMPLIANCE: Within the time specified in paragraph 3N(1), (1) Seller shall disclose to Buyer any improvements, additions, alterations, or repairs to the Property made by Seller, or known to Seller to have been made, without required governmental permits, final inspections, and approvals (2) Seller shall disclose to Buyer if Seller has actual knowledge of any notice of violations of Law filed or issued against the Property.
Q. KNOWN MATERIAL FACTS: Seller shall, within the time specified in paragraph 3N(1), DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, including, but not limited to, known insurance claims within the past five years, or provide Buyer with permission to contact lender to get such information (C.A.R. Form ARC), and make any and all other disclosures required by Law.
S. COMMERCIAL SELLER PROPERTY QUESTIONNAIRE: If Seller is not providing a SPQ, Seller shall, within the time specified in paragraph 3N(1), complete and provide Buyer with a Commercial Seller Property Questionnaire (C.A.R. Form CSPQ).
T. SUBSEQUENT DISCLOSURES: In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information, or representations previously provided to Buyer, Seller shall promptly Deliver a subsequent or amended disclosure or notice, in writing, covering those items, if not already required under paragraph 11B(1)(D). However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies of which Buyer is otherwise aware or which are disclosed in reports provided to or obtained by Buyer or ordered and paid for by Buyer.
12. TENANCY RELATED DISCLOSURES: Within the time specified in paragraph 3N(1), and subject to Buyer’s right of review, Seller shall disclose, make available or Deliver, as applicable, to Buyer, the following information:
A. RENTAL/SERVICE AGREEMENTS: (i) All current leases, rental agreements, service contracts, and other agreements pertaining to the operation of the Property; (ii) A rental statement including names of tenants, rental rates, period or rental, date of last rent increase, security deposits, rental concessions, rebates or other benefits, if any, and a list of delinquent rents and their duration.
Seller represents that no tenant is entitled to any rebate, concession, or other benefit, except as set forth in these documents.
Seller represents that the documents to be furnished are those maintained in the ordinary and normal course of business.
B. INCOME AND EXPENSE STATEMENTS: If checked in paragraph 3R, the books and records for the Property, if any, including a statement of income and expense for the 12 months preceding Acceptance. Seller represents that the books and records are those maintained in the ordinary and normal course of business and used by Seller in the computation of federal and state income tax returns.
C. TENANT ESTOPPEL CERTIFICATES: If checked in paragraph 3R , Tenant Estoppel Certificates (C.A.R. Form TEC).
Tenant Estoppel Certificates shall be completed by Seller or Seller’s agent and delivered to tenant(s) for tenant(s) to sign and acknowledge: (i) that tenant(s)’ rental or lease agreements are unmodified and in full force and effect, (or if modified, stating all such modifications); (ii) that no lessor defaults exist; and (iii) stating the amount of any prepaid rent or security deposit.
Seller shall exercise good faith to obtain tenant(s)’ signature(s), but Seller cannot guarantee tenant(s)’ cooperation. In the event Seller cannot obtain signed Tenant Estoppel Certificates within the time specified above, Seller shall notify Buyer and provide the unsigned one that was provided to tenant(s). If, after the time specified for Seller to Deliver the TEC to Buyer, any tenant(s) sign and return a TEC to Seller, Seller shall Deliver that TEC to Buyer.
RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RIP A PAGE 9 OF 18) Property Address:________________________________________________________________________ Date:________________ Buyer’s Initials _________/__________ Seller’s Initials _________/__________ 04/02/20246502 - 06 Flora Ave, Bell, CA 90201
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D. SELLER REPRESENTATIONS: Unless otherwise disclosed under paragraph 11, paragraph 12, or under any disclosure Delivered to Buyer:
(1) Seller represents that Seller has no actual knowledge that any tenant(s): (i) has any current pending lawsuit(s), investigation(s), Inquiry(ies), action(s), or other proceeding(s) affecting the Property of the right to use and occupy it; (ii) has any unsatisfied mechanics or materialman lien(s) affecting the Property; and (iii) is the subject of a bankruptcy. If Seller receives any such notice, prior to Close Of Escrow, Seller shall immediately notify Buyer. (2) Seller represents that no tenant is entitled to any rebate, concessions, or other benefit, except as set forth in the rental service agreements.
(3) Seller represents that the documents to be furnished are those maintained in the ordinary and normal course of business and the income and expense statements are and used by Seller in the computation of federal and state income tax returns.
13. CHANGES DURING ESCROW:
A. Prior to Close Of Escrow, Seller may engage in the following acts (“Proposed Changes”), subject to Buyer’s rights in paragraph 13B: (i) rent or lease any vacant unit or other part of the premises; (ii) alter, modify, or extend any existing rental or lease agreement; (iii) enter into, alter, modify, or extend any service contract(s); or (iv) change the status of the condition of the Property.
B. (1) At least 7 Days prior to any Proposed Changes, Seller shall Deliver written notice to Buyer of such Proposed Change. (2) Within 5 Days after receipt of such notice, Buyer, in writing, may give Seller notice of Buyer’s objection to the Proposed Changes in which case Seller shall not make the Proposed Changes.
14. SECURITY DEPOSITS AND UNEARNED RENT : Security deposits, if any, to the extent they have not been applied by Seller in accordance with any rental agreement and current Law, and all prepaid but unearned rents, if any, shall be transferred to Buyer on Close Of Escrow. Seller shall notify each tenant regarding the security deposit, in compliance with the California Civil Code.
15. BUYER’S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY:
A. Buyer shall, within the time specified in paragraph 3L(3), have the right, at Buyer’s expense unless Otherwise Agreed, to conduct inspections, investigations, tests, surveys and other studies (“Buyer Investigations”).
B. Buyer Investigations include, but are not limited to:
(1) Inspections regarding any physical attributes of the Property or items connected to the Property, such as:
(A) A general home inspection.
(B) An inspection for lead-based paint and other lead-based paint hazards. (C) An inspection specifically for wood destroying pests and organisms. Any inspection for wood destroying pests and organisms shall be prepared by a registered Structural Pest Control company; shall cover the main building and attached structures; may cover detached structures; shall NOT include water tests of shower pans on upper level units unless the owners of property below the shower consent; shall NOT include roof coverings; and, if the Property is a unit in a condominium or other common interest subdivision, the inspection shall include only the separate interest and any exclusive-use areas being transferred, and shall NOT include common areas; and shall include a report (“Pest Control Report”) showing the findings of the company which shall be separated into sections for evident infestation or infections (Section 1) and for conditions likely to lead to infestation or infection (Section 2). (D) Any other specific inspections of the physical condition of the land and improvements. (2) Investigation of any other matter affecting the Property, other than those that are specified as separate contingencies. Buyer Investigations include but are not limited to an investigation of the availability and cost of general homeowner’s insurance, flood insurance, and fire insurance. See, Buyer's Investigation Advisory (C.A.R. Form BIA) for more.
C. Without Seller’s prior written consent, Buyer shall neither make nor cause to be made: (i) invasive or destructive Buyer Investigations, except for minimally invasive testing required to prepare a Pest Control Report, which shall not include any holes or drilling through stucco or similar material; or (ii) inspections by any governmental building or zoning inspector or government employee, unless required by Law.
D. Seller shall make the Property available for all Buyer Investigations. Seller is not obligated to move any existing personal property.
Seller shall have water, gas, electricity and all operable pilot lights on for Buyer’s Investigations and through the date possession is delivered to Buyer. Buyer shall, (i) by the time specified in paragraph 3L(3), complete Buyer Investigations and satisfy themselves as to the condition of the Property, and either remove the contingency or cancel this Agreement, and (ii) by the time specified in paragraph 3L(3) or 3 Days after receipt of any Investigation report, whichever is later, give Seller at no cost, complete Copies of all such reports obtained by Buyer, which obligation shall survive the termination of this Agreement. This Delivery of Investigation reports shall not include any appraisal, except an appraisal received in connection with an FHA or VA loan.
E. Buyer indemnity and Seller protection for entry upon the Property: Buyer shall: (i) keep the Property free and clear of liens; (ii) repair all damage arising from Buyer Investigations; and (iii) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer’s behalf to carry, policies of liability, workers’ compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer’s direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a “Notice of Non-Responsibility” (C.A.R.
Form NNR) for Buyer Investigations and work done on the Property at Buyer’s direction. Buyer’s obligations under this paragraph shall survive the termination of this Agreement.
16. TITLE AND VESTING:
A. Buyer shall, within the time specified in paragraph 3N(1), be provided a current Preliminary Report by the person responsible for paying for the title report in paragraph 3Q(10). If Buyer is responsible for paying, Buyer shall act diligently and in good faith to obtain such Preliminary Report within the time specified. The Preliminary Report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. The company providing the Preliminary Report shall, prior to issuing a Preliminary Report, conduct a search of the General Index for all Sellers except banks or other institutional lenders selling properties they acquired through foreclosure (REOs), corporations, and government entities.
B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for: (i) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (ii) those matters which Seller has agreed to remove in writing. For any lien or matter not being transferred upon sale, Seller will take necessary action to deliver title free and clear of such lien or matter.
C.
Seller shall within 7 Days after request, give Escrow Holder necessary information to clear title.
D. Seller shall, within the time specified in paragraph 3N(1), disclose to Buyer all matters known to Seller affecting title, whether of record or not.
RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RIP A PAGE 10 OF 18) Property Address:________________________________________________________________________ Date:________________ Buyer’s Initials _________/__________ Seller’s Initials _________/__________ 6502 - 06 Flora Ave, Bell, CA 90201 04/02/2024
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E. If Buyer is a legal entity and the Property purchase price is at least $300,000 and the purchase price is made without a bank loan or similar form of external financing, a Geographic Targeting Order (GTO) issued by the Financial Crimes Enforcement Network, U.S. Department of the Treasury, requires title companies to collect and report certain information about the Buyer, depending on where the Property is located. Buyer agrees to cooperate with the title company's effort to comply with the GTO.
F. Buyer shall, after Close Of Escrow, receive a recorded grant deed or any other conveyance document required to convey title (For example, for stock cooperative or tenancy in common, respectively, an assignment of stock certificate or assignment of seller’s interest in the real property), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer’s vesting instructions. The recording document shall contain Buyer’s post-closing mailing address to enable Buyer’s receipt of the recorded conveyance document from the County Recorder. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL.
G. Buyer shall receive a Standard Coverage Owner’s CLTA policy of title insurance. An ALTA policy or the addition of endorsements may provide greater coverage for Buyer. A title company, at Buyer’s request, can provide information about the availability, desirability, coverage, and cost of various title insurance coverages and endorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and shall pay any increase in cost.
17. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing (C.A.R. Form CR or CC).
A. SELLER DELIVERY OF DOCUMENTS: Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer all reports, disclosures and information ("Reports") for which Seller is responsible as specified in paragraphs 9B(6), 9B(8), 10, 11A, 11B, 11F, 11I-S, 12, 16A, 16D, and 35.
B. BUYER REVIEW OF DOCUMENTS; REPAIR REQUEST; CONTINGENCY REMOVAL OR CANCELLATION (1) Buyer has the time specified in paragraph 3 to: (i) perform Buyer Investigations; review all disclosures, Reports, lease documents to be assumed by Buyer pursuant to paragraph 9B(6), and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property; and (ii) Deliver to Seller Signed Copies of Statutory and Other Disclosures Delivered by Seller in accordance with paragraph 11. (2) Buyer may, within the time specified in paragraph 3L(3), request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to Buyer’s requests (C.A.R. Form RR or RRRR). If Seller does not agree or does not respond, Buyer is not contractually entitled to have the repairs or other requests made and may only cancel based on contingencies in this Agreement. (3) Buyer shall, by the end of the times specified in paragraph 3L (or as Otherwise Agreed), Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement (C.A.R. Form CR or CC). However, if any report, disclosure, or information for which Seller is responsible is not Delivered within the time specified in paragraph 3N(1), then Buyer has 5 Days after Delivery of any such items, or the times specified in paragraph 3L, whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. If Delivery of any Report occurs after a contractual contingency pertaining to that Report has already been waived or removed, the Delivery of the Report does not revive the contingency but there may be a right to terminate for a subsequent or amended disclosure under paragraph 11D. (4) Continuation of Contingency: Even after the end of the time specified in paragraph 3L and before Seller cancels, if at all, pursuant to paragraph 17C, Buyer retains the right, in writing, to either (i) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyer’s written removal of all contingencies is Delivered to Seller, Seller may not cancel this Agreement pursuant to paragraph 17C(1).
C. SELLER RIGHT TO CANCEL:
(1) SELLER RIGHT TO CANCEL; BUYER CONTINGENCIES : If, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer’s deposit, except for fees incurred by Buyer. (2)
SELLER RIGHT TO CANCEL; BUYER CONTRACT OBLIGATIONS: Seller, after first Delivering to Buyer a Notice to Buyer to Perform, may cancel this Agreement if, by the time specified in this Agreement, Buyer does not take the following action(s):
(i) Deposit funds as required by paragraph 3D(1) or 3D(2) or if the funds deposited pursuant to paragraph 3D(1) or 3D(2) are not good when deposited; (ii) Deliver updated contact information for Buyer’s lender(s) as required by paragraph 5C(3); (iii) Deliver a notice of FHA or VA costs or terms, if any, as specified by paragraph 5C(4) (C.A.R. Form RR); (iv) Deliver verification, or a satisfactory verification if Seller reasonably disapproves of the verification already provided, as required by paragraph 5B or 6A; (v) Deliver a letter as required by paragraph 6B; (vi) In writing assume or accept leases or liens specified in paragraph 8G; (vii) Return Statutory and Other Disclosures as required by paragraph 11C; (viii) Cooperate with the title company's effort to comply with the GTO as required by paragraph 16E; (ix) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraph 5A(2) and 36; (x) Provide evidence of authority to Sign in a representative capacity as specified in paragraph 35; or (xi) Perform any additional Buyer contractual obligation(s) included in this Agreement. In such event, Seller shall authorize the return of Buyer’s deposit, except for fees allocated to Seller in this Agreement and already paid by Escrow prior to cancellation of this Agreement and notification to Escrow. (3)
SELLER RIGHT TO CANCEL; SELLER CONTINGENCIES : Seller may cancel this Agreement by good faith exercise of any Seller contingency included in this Agreement, or Otherwise Agreed, so long as that contingency has not already been removed or waived in writing.
D. BUYER RIGHT TO CANCEL:
(1) BUYER RIGHT TO CANCEL; SELLER CONTINGENCIES : If, by the time specified in this Agreement, Seller does not Deliver to Buyer a removal of the applicable contingency or cancellation of this Agreement, then Buyer, after first Delivering to Seller a Notice to Seller to Perform (C.A.R. Form NSP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer’s deposit, except for fees allocated to Seller in the Agreement and already paid by Escrow prior to cancellation of this Agreement and notification to Escrow.
(2) BUYER RIGHT TO CANCEL; SELLER CONTRACT OBLIGATIONS: If, by the time specified, Seller has not Delivered any item specified in paragraph 3N(1) or Seller has not performed any Seller contractual obligation included in this Agreement by the time specified, Buyer, after first Delivering to Seller a Notice to Seller to Perform, may cancel this Agreement. (3) BUYER RIGHT TO CANCEL; BUYER CONTINGENCIES : Buyer may cancel this Agreement by good faith exercise of any Buyer contingency included in paragraph 8, or Otherwise Agreed, so long as that contingency has not already been removed in writing.
RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RIP A PAGE 11 OF 18) Property Address:________________________________________________________________________ Date:________________ Buyer’s Initials _________/__________ Seller’s Initials _________/__________ 6502 - 06 Flora Ave, Bell, CA 90201 04/02/2024
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E. NOTICE TO BUYER OR SELLER TO PERFORM: The Notice to Buyer to Perform or Notice to Seller to Perform shall: (i) be in writing; (ii) be Signed by the applicable Buyer or Seller; and (iii) give the other Party at least 2 Days after Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A Notice to Buyer to Perform or Notice to Seller to Perform may not be Delivered any earlier than 2 Days prior to the Scheduled Performance Day to remove a contingency or cancel this Agreement or meet an obligation specified in paragraph 17, whether or not the Scheduled Performance Day falls on a Saturday, Sunday or legal holiday. If a Notice to Buyer to Perform or Notice to Seller to Perform is incorrectly Delivered or specifies a time less than the agreed time, the notice shall be deemed invalid and void and Seller or Buyer shall be required to Deliver a new Notice to Buyer to Perform or Notice to Seller to Perform with the specified timeframe.
F. EFFECT OF REMOVAL OF CONTINGENCIES:
(1) REMOVAL OF BUYER CONTINGENCIES: If Buyer removes any contingency or cancellation rights, unless Otherwise Agreed, Buyer shall conclusively be deemed to have: (i) completed all Buyer Investigations, and review of Reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and expense for the non-delivery of any Reports, disclosures or information outside of Seller’s control and for any Repairs or corrections pertaining to that contingency or cancellation right, or for the inability to obtain financing.
(2)
REMOVAL OF SELLER CONTINGENCIES: If Seller removes any contingency or cancellation rights, unless Otherwise Agreed, Seller shall conclusively be deemed to have: (i) satisfied themselves regarding such contingency, (ii) elected to proceed with the transaction; and (iii) given up any right to cancel this Agreement based on such contingency.
G. DEMAND TO CLOSE ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement, Buyer or Seller must first Deliver to the other Party a Demand to Close Escrow (C.A.R. Form DCE).
The DCE shall: (i) be Signed by the applicable Buyer or Seller; and (ii) give the other Party at least 3 Days after Delivery to close escrow. A DCE may not be Delivered any earlier than 3 Days prior to the Scheduled Performance Day for the Close Of Escrow. If a DCE is incorrectly Delivered or specifies a time less than the agreed time, the DCE shall be deemed invalid and void and Seller or Buyer shall be required to Deliver a new DCE.
H. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign and Deliver mutual instructions to cancel the sale and escrow and release deposits, if any, to the Party entitled to the funds, less (i) fees and costs paid by Escrow Holder on behalf of that Party, if required by this Agreement; and (ii) any escrow fee charged to that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. A release of funds will require mutual Signed release instructions from the Parties, judicial decision or arbitration award. A Party may be subject to a civil penalty of up to $1,000 for refusal to Sign cancellation instructions if no good faith dispute exists as to which Party is entitled to the deposited funds (Civil Code § 1057.3). Note: Neither Agents nor Escrow Holder are qualified to provide any opinion on whether either Party has acted in good faith or which Party is entitled to the deposited funds. Buyer and Seller are advised to seek the advice of a qualified California real estate attorney regarding this matter.
18. REPAIRS: Repairs shall be completed prior to final verification of condition unless Otherwise Agreed. Repairs to be performed at Seller’s expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. Buyer acknowledges that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (i) obtain invoices and paid receipts for Repairs performed by others; (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of invoices and paid receipts and statements to Buyer prior to final verification of condition.
19. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final verification of the Property condition within the time specified in paragraph 3J, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuant to paragraph 7B; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller’s other obligations under this Agreement (C.A.R. Form VP).
20. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless Otherwise Agreed, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, Seller rental payments, HOA regular assessments due prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello-Roos and other Special Assessment District bonds and assessments that are now a lien. Seller shall pay any HOA special or emergency assessments due prior to Close Of Escrow. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello-Roos and other Special Assessment District bonds and assessments and HOA special or emergency assessments that are due after Close Of Escrow. Property will be reassessed upon change of ownership. Any supplemental tax bills delivered to Escrow Holder prior to closing shall be prorated and paid as follows: (i) for periods after Close Of Escrow, by Buyer; and (ii) for periods prior to Close Of Escrow, by Seller (see C.A.R.
Form SPT or SBSA for further information). Seller agrees all service fees, maintenance costs and utility bills will be paid current up and through the date of Close Of Escrow. TAX BILLS AND UTILITY BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month.
21. BROKERS AND AGENTS:
A. COMPENSATION: Seller or Buyer, or both, as applicable, agree to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. If Seller agrees to pay Buyer’s Broker (see paragraph 3G(3)), Seller shall be entitled to a copy of the portion of the written compensation agreement between Buyer and Buyer’s Broker identifying the compensation to be paid. See C.A.R. Form SPBB for further information.
B. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Agent: (i) Does not decide what price Buyer should pay or Seller should accept; (ii) Does not guarantee the condition of the Property; (iii) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Agent; (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (viii) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (ix) Shall not be responsible for determining the fair market value of the Property or any personal property included in the sale; (x) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (xi) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity.
Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals.
RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RIP A PAGE 12 OF 18) Property Address:________________________________________________________________________ Date:________________ Buyer’s Initials _________/__________ Seller’s Initials _________/__________ Created by Lillie Reda with SkySlope® Forms
04/02/20246502 - 06 Flora Ave, Bell, CA 90201
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C. BROKERAGE: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed real estate broker (individual or corporate), agent, finder, or other entity, other than as specified in this Agreement, in connection with any act relating to the Property, including, but not limited to, inquiries, introductions, consultations, and negotiations leading to this Agreement. Buyer and Seller each agree to indemnify and hold the other, the Brokers specified herein and their agents, harmless from and against any costs, expenses or liability for compensation claimed inconsistent with the warranty and representation in this paragraph.
22. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER:
A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3A, 3B, 3D-G, 3N(2), 3Q, 3S, 4A, 4B, 5A(1-2) 5D, 5E, 10B(2)(A), 10B(3), 10B(4)(B), 10C, 11E, 11H(2), 16 (except 16D), 17H, 20, 21A, 22, 26, 32, 34, 35, 39, 40, and paragraph 3 of the Real Estate Brokers Section. If a Copy of the separate compensation agreement(s) provided for in paragraph 21A or paragraph 3 of the Real Estate Brokers Section is deposited with Escrow Holder by Agent, Escrow Holder shall accept such agreement(s) and pay out from Buyer’s or Seller’s funds, or both, as applicable, the Broker’s compensation provided for in such agreement(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned.
B.
Buyer and Seller will receive Escrow Holder’s general provisions, if any, directly from Escrow Holder. To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller shall Sign and return Escrow Holder’s general provisions or supplemental instructions within the time specified in paragraph 3N(2) . Buyer and Seller shall execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within 3 Days, shall pay to Escrow Holder or HOA or HOA management company or others any fee required by paragraphs 3, 8, 10, 11, or elsewhere in this Agreement.
C. A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within 3 Days after Acceptance. Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller’s Statement of Information to Title Company when received from Seller, if a separate company is providing title insurance. If Seller delivers an affidavit to Escrow Holder to satisfy Seller’s FIRPTA obligation under paragraph 11E, Escrow Holder shall deliver to Buyer, Buyer’s Agent, and Seller’s Agent a Qualified Substitute statement that complies with federal Law. If Escrow Holder’s Qualified Substitute statement does not comply with federal law, the Parties instruct escrow to withhold all applicable required amounts under paragraph 11E.
D. Agents are not a party to the escrow except for the sole purpose of receiving compensation pursuant to paragraph 21A and paragraph 3 of the Real Estate Brokers Section. If a Copy of the separate compensation agreement(s) provided for in either of those paragraphs is deposited with Escrow Holder by Agent, Escrow Holder shall accept such agreement(s) and pay out from Buyer’s or Seller’s funds, or both, as applicable, the Broker’s compensation provided for in such agreement(s).Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 21A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder’s payment to Broker(s) of compensation pursuant to this Agreement.
E. Buyer and Seller acknowledge that Escrow Holder may require invoices for expenses under this Agreement. Buyer and Seller, upon request by Escrow Holder, within 3 Days or within a sufficient time to close escrow, whichever is sooner, shall provide any such invoices to Escrow Holder.
F.
Upon receipt, Escrow Holder shall provide Buyer, Seller, and each Agent verification of Buyer’s deposit of funds pursuant to paragraph 5A(1) and 5A(2). Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notify each Agent: (i) if Buyer’s initial or any additional deposit or down payment is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or (ii) if Buyer and Seller instruct Escrow Holder to cancel escrow.
G. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days after mutual execution of the amendment.
23. SELECTION OF SERVICE PROVIDERS: Agents do not guarantee the performance of any vendors, service or product providers (“Providers”), whether referred by Agent or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing.
24. MULTIPLE LISTING SERVICE (“MLS”): Agents are authorized to report to the MLS that an offer has been accepted and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. Buyer acknowledges that: (i) any pictures, videos, floor plans (collectively, “Images”) or other information about the Property that has been or will be inputted into the MLS or internet portals, or both, at the instruction of Seller or in compliance with MLS rules, will not be removed after Close Of Escrow; (ii) California Civil Code § 1088(c) requires the MLS to maintain such Images and information for at least three years and as a result they may be displayed or circulated on the Internet, which cannot be controlled or removed by Seller or Agents; and (iii) Seller, Seller’s Agent, Buyer’s Agent, and MLS have no obligation or ability to remove such Images or information from the Internet.
25. ATTORNEY FEES AND COSTS: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non-prevailing Buyer or Seller, except as provided in paragraph 37A.
RIPA REVISED 6/23 (PAGE 13 OF 18)
RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RIP A PAGE 13 OF 18) Property Address:________________________________________________________________________ Date:________________ Buyer’s Initials _________/__________ Seller’s Initials _________/__________ 6502 - 06 Flora Ave, Bell, CA 90201 04/02/2024
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RIPA REVISED 6/23 (PAGE 14 OF 18)
RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RIP A PAGE 14 OF 18)
26. ASSIGNMENT/NOMINATION: Buyer shall have the right to assign all of Buyer’s interest in this Agreement to Buyer’s own trust or to any wholly owned entity of Buyer that is in existence at the time of such assignment. Otherwise, Buyer shall not assign all or any part of Buyer’s interest in this Agreement without first having obtained the separate written consent of Seller to a specified assignee. Such consent shall not be unreasonably withheld. Prior to any assignment, Buyer shall disclose to Seller the name of the assignee and the amount of any monetary consideration between Buyer and assignee. Buyer shall provide assignee with all documents related to this Agreement including, but not limited to, the Agreement and any disclosures. If assignee is a wholly owned entity or trust of Buyer, that assignee does not need to re-sign or initial all documents provided. Whether or not an assignment requires seller’s consent, at the time of assignment, assignee shall deliver a letter from assignee’s lender that assignee is prequalified or preapproved as specified in paragraph 6B. Should assignee fail to deliver such a letter, Seller, after first giving Assignee an Notice to Buyer to Perform, shall have the right to terminate the assignment. Buyer shall, within the time specified in paragraph 3K, Deliver any request to assign this Agreement for Seller’s consent. If Buyer fails to provide the required information within this time frame, Seller’s withholding of consent shall be deemed reasonable. Any total or partial assignment shall not relieve Buyer of Buyer’s obligations pursuant to this Agreement unless Otherwise Agreed by Seller (C.A.R. Form AOAA). Parties shall provide any assignment agreement to Escrow Holder within 1 Day after the assignment. Any nomination by Buyer shall be subject to the same procedures, requirements, and terms as an assignment as specified in this paragraph.
27. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon, and inure to the benefit of, Buyer and Seller and their respective successors and assigns, except as otherwise provided herein.
28. ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seller acknowledge: (i) Federal, state, and local legislation impose liability upon existing and former owners and users of real property, in applicable situations, for certain legislatively defined, environmentally hazardous substances; (ii) Agent(s) has/have made no representation concerning the applicability of any such Law to this transaction or to Buyer or to Seller, except as otherwise indicated in this Agreement; (iii) Agent(s) has/have made no representation concerning the existence, testing, discovery, location, and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property; and (iv) Buyer and Seller are each advised to consult with technical and legal experts concerning the existence, testing, discover, location and evaluation of/for, and risks posed by, environmentally hazardous substances, in any, located on or potentially affecting the Property.
29. AMERICANS WITH DISABILITIES ACT: The Americans With Disabilities Act (“ADA”) prohibits discrimination against individuals with disabilities. The ADA affects almost all commercial facilities and public accommodations. Residential properties are not typically covered by the ADA, but may be governed by its provisions if used for certain purposes. The ADA can require, among other things, that building be made readily accessible to the disabled. Different requirements apply to new construction, alterations to existing buildings, and removal of barriers in existing buildings. Compliance with the ADA may require significant costs. Monetary and injunctive remedies may be incurred if the Property is not in compliance. A real estate broker or agent does not have the technical expertise to determine whether a building is in compliance with ADA requirements, or to advise a principal on those requirements. Buyer and Seller are advised to contact a qualified California real estate attorney, contractor, architect, engineer, or other qualified professional of Buyer or Seller’s own choosing to determine to what degree, if any, the ADA impacts that principal or this transaction.
30. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti-discrimination Laws.
31. COPIES: Seller and buyer each represent that Copies of all reports, certificates, approvals, and other documents that are furnished to the other are true, correct, and unaltered Copies of the original documents, if the originals are in the possession of the furnishing party.
32. DEFINITIONS and INSTRUCTIONS: The following words are defined terms in this Agreement, shall be indicated by initial capital letters throughout this Agreement, and have the following meaning whenever used:
A. “Acceptance” means the time the offer or final counter offer is fully executed, in writing, by the recipient Party and is Delivered to the offering Party or that Party’s Authorized Agent.
B. “Agent” means the Broker, salesperson, broker-associate or any other real estate licensee licensed under the brokerage firm identified in paragraph 2B.
C. “Agreement” means this document and any counter offers and any incorporated addenda or amendments, collectively forming the binding agreement between the Parties. Addenda and amendments are incorporated only when Signed and Delivered by all Parties.
D. “As-Is” condition: Seller shall disclose known material facts and defects as specified in this Agreement. Buyer has the right to inspect the Property and, within the time specified, request that Seller make repairs or take other corrective action, or exercise any contingency cancellation rights in this Agreement. Seller is only required to make repairs specified in this Agreement or as Otherwise Agreed.
E. “Authorized Agent” means an individual real estate licensee specified in the Real Estate Broker Section.
F. “C.A.R. Form” means the most current version of the specific form referenced or another comparable form agreed to by the Parties.
G. “Close Of Escrow”, including “COE”, means the date the grant deed, or other evidence of transfer of title, is recorded for any real property, or the date of Delivery of a document evidencing the transfer of title for any non-real property transaction.
H. “Copy” means copy by any means including photocopy, facsimile and electronic.
I. Counting Days is done as follows unless Otherwise Agreed: (1) The first Day after an event is the first full calendar date following the event, and ending at 11:59 pm. For example, if a Notice to Buyer to Perform (C.A.R. form NBP) is Delivered at 3 pm on the 7th calendar day of the month, or Acceptance of a counter offer is personally received at 12 noon on the 7th calendar day of the month, then the 7th is Day “0” for purposes of counting days to respond to the NBP or calculating the Close Of Escrow date or contingency removal dates and the 8th of the month is Day 1 for those same purposes. (2) All calendar days are counted in establishing the first Day after an event. (3) All calendar days are counted in determining the date upon which performance must be completed, ending at 11:59 pm on the last day for performance (“Scheduled Performance Day”). (4) After Acceptance, if the Scheduled Performance Day for any act required by this Agreement, including Close Of Escrow, lands on a Saturday, Sunday, or Legal Holiday, the performing party shall be allowed to perform on the next day that is not a Saturday, Sunday or Legal Holiday (“Allowable Performance Day”), and ending at 11:59 pm. “Legal Holiday” shall mean any holiday or optional bank holiday under Civil Code §§ 7 and 7.1 and any holiday under Government Code § 6700. (5) For the purposes of COE, any day that the Recorder’s office in the County where the Property is located is closed or any day that the lender or Escrow Holder under this Agreement is closed, the COE shall occur on the next day the Recorder’s office in that County, the lender, and the Escrow Holder are open. (6) COE is considered Day 0 for purposes of counting days Seller is allowed to remain in possession, if permitted by this Agreement.
J. “Day" or "Days” means calendar day or days. However, delivery of deposit to escrow is based on business days.
Property Address:________________________________________________________________________ Date:________________ Buyer’s Initials _________/__________ Seller’s Initials _________/__________ 04/02/2024
Created by Lillie Reda with SkySlope® Forms
6502 - 06 Flora Ave, Bell, CA 90201
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K. “Deliver”, “Delivered” or “Delivery” of documents, unless Otherwise Agreed, means and shall be effective upon personal receipt of the document by Buyer or Seller or their Authorized Agent. Personal receipt means (i) a Copy of the document, or as applicable, link to the document, is in the possession of the Party or Authorized Agent, regardless of the Delivery method used (i.e. e-mail, text, other), or (ii) an Electronic Copy of the document, or as applicable, link to the document, has been sent to any of the designated electronic delivery addresses specified in the Real Estate Broker Section on page 18. After Acceptance, Agent may change the designated electronic delivery address for that Agent by, in writing, Delivering notice of the change in designated electronic delivery address to the other Party. Links could be, for example, to DropBox or GoogleDrive or other functionally equivalent program. If the recipient of a link is unable or unwilling to open the link or download the documents or otherwise prefers Delivery of the documents directly, Recipient of a link shall notify the sender in writing, within 3 Days after Delivery of the link (C.A.R. Form RFR). In such case, Delivery shall be effective upon Delivery of the documents and not the link. Failure to notify sender within the time specified above shall be deemed consent to receive, and Buyer opening, the document by link.
L. “Electronic Copy” or “Electronic Signature” means, as applicable, an electronic copy or signature complying with California Law. Unless Otherwise Agreed, Buyer and Seller agreed to the use of Electronic Signatures. Buyer and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other Party.
M. “Law” means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency.
N. "Legally Authorized Signer" means an individual who has authority to Sign for the principal as specified in paragraph 39 or paragraph 40.
O. “Otherwise Agreed” means an agreement in writing, signed by both Parties and Delivered to each.
P. “Repairs” means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement.
Q. "Sign" or “Signed” means either a handwritten or Electronic Signature on an original document, Copy or any counterpart.
33. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the terms and conditions herein. The individual Liquidated Damages and Arbitration of Disputes paragraphs are incorporated in this Agreement if initialed by all Parties or if incorporated by mutual agreement in a Counter Offer or addendum. If at least one but not all Parties initial, a Counter Offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance and to market the Property for backup offers after Acceptance. The Parties have read and acknowledge receipt of a Copy of the offer and agree to the confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers’ compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing.
By signing this offer or any document in the transaction, the Party Signing the document is deemed to have read the document in its entirety.
34. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the Parties are incorporated in this Agreement. Its terms are intended by the Parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement.
If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as Otherwise Agreed, this Agreement shall be interpreted, and disputes shall be resolved in accordance with the Laws of the State of California. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller.
35. LEGALLY AUTHORIZED SIGNER: Wherever the signature or initials of the Legally Authorized Signer identified in paragraph 39 or 40 appear on this Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Legally Authorized Signer (i) represents that the entity for which that person is acting already exists and is in good standing to do business in California and (ii) shall Deliver to the other Party and Escrow Holder, as specified in paragraph 3N(5), evidence of authority to act in that capacity (such as but not limited to: applicable portion of the trust or Certification Of Trust (Probate Code § 18100.5), letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity).
RIPA REVISED 6/23 (PAGE 15 OF 18)
RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RIP A PAGE 15 OF 18) Property Address:________________________________________________________________________ Date:________________ Buyer’s Initials _________/__________ Seller’s Initials _________/__________ Created by Lillie Reda with SkySlope® Forms
6502 - 06 Flora Ave, Bell, CA 90201 04/02/2024
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RIPA REVISED 6/23 (PAGE 16 OF 18)
RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RIP A PAGE 16 OF 18) Buyer’s Initials _________/__________ Seller’s Initials _________/__________
36. LIQUIDATED DAMAGES:
If Buyer fails to complete this purchase because of Buyer’s default, Seller shall retain, as liquidated damages, the deposit actually paid. If the Property is a dwelling with no more than four units, one of which Buyer intends to occupy, then the amount retained shall be no more than 3% of the purchase price. Any excess shall be returned to Buyer. Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT THE TIME OF ANY INCREASED DEPOSIT BUYER AND
SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION INCORPORATING THE INCREASED DEPOSIT AS LIQUIDATED DAMAGES (C.A.R. FORM DID).
Buyer’s Initials _______/_______ Seller’s Initials _______/_______
37. MEDIATION:
A. The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. The mediation shall be conducted through the C.A.R. Real Estate Mediation Center for Consumers (www.consumermediation.org) or through any other mediation provider or service mutually agreed to by the Parties.
The Parties also agree to mediate any disputes or claims with Agents(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Agent. Mediation fees, if any, shall be divided equally among the Parties involved, and shall be recoverable under the prevailing party attorney fees clause. If, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED.
B. ADDITIONAL MEDIATION TERMS: (i) Exclusions from this mediation agreement are specified in paragraph 38B; (ii) The obligation to mediate does not preclude the right of either Party to seek a preservation of rights under paragraph 38C; and (iii) Agent's rights and obligations are further specified in paragraph 38D. These terms apply even if the Arbitration of Disputes paragraph is not initialed.
38. ARBITRATION OF DISPUTES:
A. The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Agents(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Agent. The arbitration shall be conducted through any arbitration provider or service mutually agreed to by the Parties. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the Parties mutually agree to a different arbitrator. Enforcement of, and any motion to compel arbitration pursuant to, this agreement to arbitrate shall be governed by the procedural rules of the Federal Arbitration Act, and not the California Arbitration Act, notwithstanding any language seemingly to the contrary in this Agreement. The Parties shall have the right to discovery in accordance with Code of Civil Procedure § 1283.05. The arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction.
B. EXCLUSIONS: The following matters are excluded from mediation and arbitration: (i) Any matter that is within the jurisdiction of a probate, small claims or bankruptcy court; (ii) an unlawful detainer action; and (iii) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code § 2985.
C. PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: (i) the filing of a court action to preserve a statute of limitations; (ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, provided the filing party concurrent with, or immediately after such filing, makes a request to the court for a stay of litigation pending any applicable mediation or arbitration proceeding; or (iii) the filing of a mechanic’s lien.
D. AGENTS: Agents shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing.
Any Agents(s) participating in mediation or arbitration shall not be deemed a party to this Agreement.
E. “NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED BY
NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING
IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION,
YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.” “WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL ARBITRATION.”
Buyer’s Initials _______/_______ Seller’s Initials _______/_______ Property Address:________________________________________________________________________ Date:________________ Created by Lillie Reda with SkySlope® Forms
04/02/20246502 - 06 Flora Ave, Bell, CA 90201
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RIPA REVISED 6/23 (PAGE 17 OF 18)
RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RIP A PAGE 17 OF 18)
39. OFFER
A. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit, if any, shall be returned to Buyer unless by the date and time specified in paragraph 3C, the offer is Signed by Seller and a Copy of the Signed offer is Delivered to Buyer or Buyer's Authorized Agent. Seller has no obligation to respond to an offer made.
B. n ENTITY BUYERS: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure (C.A.R.
Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) One or more Buyers is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity:
(2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not in an individual capacity.
See paragraph 35 for additional terms.
(3) The name(s) of the Legally Authorized Signer(s) is/are: _____________________________________________________. (4) If a trust, identify Buyer as trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust).
(5) If the entity is a trust or under probate, the following is the full name of the trust or probate case, including case #:
________________________________________________________________________________________________ _______________________________________________________________________________________________.
C. The RIPA has 18 pages. Buyer acknowledges receipt of, and has read and understands, every page and all attachments that make up the Agreement.
D. BUYER SIGNATURE(S):
(Signature) By, __________________________________________________________________________ Date: _____________ Printed name of BUYER: ________________________________________________________________________________ n Printed Name of Legally Authorized Signer: _____________________________________ Title, if applicable, _____________ (Signature) By, __________________________________________________________________________ Date: _____________ Printed name of BUYER: ________________________________________________________________________________ n Printed Name of Legally Authorized Signer: _____________________________________ Title, if applicable, _____________ n IF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (C.A.R. Form ASA).
40. ACCEPTANCE
A. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property or has the authority to execute this Agreement.
Seller accepts the above offer and agrees to sell the Property on the above terms and conditions. Seller has read and acknowledges receipt of a Copy of this Agreement and authorizes Agent to Deliver a Signed Copy to Buyer.
Seller’s acceptance is subject to the attached Counter Offer or Back-Up Offer Addendum, or both, checked below.
Seller shall return and include the entire agreement with any response. n Seller Counter Offer (C.A.R. Form SCO or SMCO)
n Back-Up Offer Addendum (C.A.R. Form BUO)
B. n Entity Sellers: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure form (C.A.R.
Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) One or more Sellers is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity. (2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not in an individual capacity.
See paragraph 35 for additional terms.
(3) The name(s) of the Legally Authorized Signer(s) is/are: ____________________________,_________________________. (4) If a trust, identify Seller as trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust).
(5) If the entity is a trust or under probate, the following is the full name of the trust or probate case, including case #:
_______________________________________________________________________________________________________ ________________________________________________________________________________________________.
C. The RIPA has 18 pages. Seller acknowledges receipt of, and has read and understands, every page and all attachments that make up the Agreement.
SELLER SIGNATURE(S):
(Signature) By, __________________________________________________________________________ Date: _____________ Printed name of SELLER: _________________________________________________________________________________ □ Printed Name of Legally Authorized Signer: _______________________________ Title, if applicable, ___________________ (Signature) By, __________________________________________________________________________ Date: _____________ Printed name of SELLER: _________________________________________________________________________________ □ Printed Name of Legally Authorized Signer: _______________________________ Title, if applicable, ___________________ □ Additional Signature Addendum attached (C.A.R. Form ASA) OFFER NOT ACCEPTED: _______/_______ No Counter Offer is being made. This offer was not accepted by Seller __________(date) Seller’s Initials
Property Address:________________________________________________________________________ Date:________________ Cecilia Khalil
6502 - 06 Flora Ave, Bell, CA 90201
Created by Lillie Reda with SkySlope® Forms
04/02/2024
Bell city community housing authority
Mohamad Khalil
DigiSign Verified - b7a2628e-c66b-4ca1-b6bf-17b9a6487ecf Cecilia Khalil 04/02/2024
Mohamad Khalil 04/02/2024
Docusign Envelope ID: F0F67863-A450-4E1D-8D40-B5DC89B71DC8 9/20/2024
City Manager/Executive Director
Subject to the Price of $1,240,000 in Addendum 4
Michael L. Antwine II
© 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
REAL ESTATE BROKERS SECTION:
1. Real Estate Agents are not parties to the Agreement between Buyer and Seller.
2. Agency relationships are confirmed as stated in paragraph 2.
3. Cooperating Broker Compensation: Seller's Broker agrees to pay Buyer's Broker and Buyer's Broker agrees to accept, out of Seller's Broker’s proceeds in escrow, the amount specified in the MLS, provided Buyer's Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS. If Seller's Broker and Buyer's Broker are not both Participants of the MLS, or a reciprocal MLS, in which the Property is offered for sale, then compensation must be specified in a separate written agreement (C.A.R. Form CBC). Declaration of License and Tax (C.A.R. Form DLT) may be used to document that tax reporting will be required or that an exemption exists.
4. Presentation of Offer: Pursuant to the National Association of REALTORS ® Standard of Practice 1-7, if Buyer’s Agent makes a written request, Seller’s Agent shall confirm in writing that this offer has been presented to Seller.
5. Agents’ Signatures and designated electronic delivery address:
A. Buyer’s Brokerage Firm _____________________________________________________ Lic. #______________________ By _____________________________________________________ Lic. #__________________ Date __________________ By _____________________________________________________ Lic. #__________________ Date __________________ Address_______________________________________ City ________________________ State ________ Zip __________ Email __________________________________________________________ Phone # _____________________________ n More than one agent from the same firm represents Buyer. Additional Agent Acknowledgement (C.A.R. Form AAA) attached. n More than one brokerage firm represents Buyer. Additional Broker Acknowledgement (C.A.R. Form ABA) attached.
Designated Electronic Delivery Address(es) (check all that apply):
□ Email above □ Text to Phone # above □ Alternate: _____________________________________________________ B. Seller’s Brokerage Firm ______________________________________________________ Lic. #______________________ By _____________________________________________________ Lic. #__________________ Date __________________ By _____________________________________________________ Lic. #__________________ Date __________________ Address_______________________________________ City ________________________ State ________ Zip __________ Email __________________________________________________________ Phone # _____________________________ n More than one agent from the same firm represents Seller. Additional Agent Acknowledgement (C.A.R. Form AAA) attached. n More than one brokerage firm represents Seller. Additional Broker Acknowledgement (C.A.R. Form ABA) attached.
Designated Electronic Delivery Address(es) (To be filled out by Seller’s Agent) (check all that apply):
□ Email above □ Text to Phone # above □ Alternate: _____________________________________________________ ESCROW HOLDER ACKNOWLEDGMENT:
Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, n a deposit in the amount of $ ____________), Counter Offer numbers ____________________________ and ____________________, and agrees to act as Escrow Holder subject to paragraph 22 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder’s general provisions.
Escrow Holder is advised by _______________________________ that the date of Acceptance of the Agreement is ____________ Escrow Holder ____________________________________________________________ Escrow # ________________________ By ________________________________________________________________________________ Date __________________ Address _________________________________________________________________________________________________ Phone/Fax/E-mail__________________________________________________________________________________________ Escrow Holder has the following license number # __________________ n Department of Financial Protection and Innovation, n Department of Insurance, n Department of Real Estate.
PRESENTATION OF OFFER: ________/_______ Seller’s Brokerage Firm presented this offer to Seller on ______________(date).
Broker or Designee Initials
RESIDENTIAL INCOME PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RI PA PAGE 18 OF 18) RIPA REVISED 6/23 (PAGE 18 OF 18)
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
Property Address:________________________________________________________________________ Date:________________ Buyer’s Initials _________/__________ Seller’s Initials _________/__________ Created by Lillie Reda with SkySlope® Forms
Luis Vazquez
01232786
(323) 747-3640
CA
[email protected]
01084559
Excellence R. E. Real Estate
Downey
6502 - 06 Flora Ave, Bell, CA 90201
90241
00841513
11600 Paramount Blvd A
01914184
04/02/2024
Sperry Commercial Global Affiliates LLC.
Lillie Reda
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- April,
2024
9/20/2024
BUYER’S INVESTIGATION ADVISORY
(C.A.R. Form BIA, Revised 12/21)
BUYER’S INVESTIGATION ADVISORY (BIA PAGE 1 OF 2)
BIA REVISED 12/21 (PAGE 1 OF 2)
Property Address _________________________________________________________________________________
1. IMPORTANCE OF PROPER TY INVESTIGATION: The physical condition of the land and improvements being pur- chased is not guaranteed by either Seller or Brokers. Y ou have an affirmative duty to exercise reasonable care to protect yourself, including discovery of the legal, practical and technical implications of disclosed facts, and the investigation and verification of information and facts that you know or that are within your diligent attention and observation. A gen- eral physical inspection typically does not cover all aspects of the Property nor items affecting the Property that are not physically located on the Property. If the professionals recommend further investigations, including a recommendation by a pest control operator to inspect inaccessible areas of the Property, you should contact qualified experts to conduct such additional investigations.
2. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefore cannot advise you on many items, such as those listed below. If Broker gives you referrals to professionals, Broker does not guarantee their performance.
3. YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY, INCLUDING BUT NOT LIMIITED TO THE FOLLOWING. IF YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS.
A. GENERAL CONDITION OF THE PROPERTY, ITS SYSTEMS AND COMPONENTS: Foundation, roof (condition, age, leaks, useful life), plumbing, heating, air conditioning, electrical, mechanical, security, pool/spa (cracks, leaks, operation), other structural and non-structural systems and components, fixtures, built-in appliances, any personal property included in the sale, and energy efficiency of the Property.
B. SQUARE FOOTAGE, AGE, BOUNDARIES: Square footage, room dimensions, lot size, age of improvements and boundaries. Any numerical statements regarding these items are APPROXIMATIONS ONLY and have not been verified by Seller and cannot be verified by Brokers. Fences, hedges, walls, retaining walls and other barriers or markers do not necessarily identify true Property boundaries.
C. WOOD DESTROYING PESTS: Presence of, or conditions likely to lead to the presence of wood destroying pests and organisms.
D. SOIL STABILITY: Existence of fill or compacted soil, expansive or contracting soil, susceptibility to slippage, settling or movement, and the adequacy of drainage.
E. WATER AND UTILITIES; WELL SYSTEMS AND COMPONENTS;WASTE DISPOSAL: Water and utility availability, use restrictions and costs. Water quality, adequacy, condition, and performance of well systems and components. The type, size, adequacy, capacity and condition of sewer and septic systems and components, connection to sewer, and applicable fees.
F. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead-based paint and other lead contamination, radon, methane, other gases, fuel oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials, products, or conditions (including mold (airborne, toxic or otherwise), fungus or similar contaminants).
G. EARTHQUAKES AND FLOODING: Susceptibility of the Property to earthquake/seismic hazards and propensity of the Property to flood.
H. FIRE, HAZARD, AND OTHER INSURANCE: The availability and cost of necessary or desired insurance may vary.
The location of the Property in a seismic, flood or fire hazard zone, and other conditions, such as the age of the Property and the claims history of the Property and Buyer, may affect the availability and need for certain types of insurance. Buyer should explore insurance options early as this information may affect other decisions, including the removal of loan and inspection contingencies.
I. BUILDING PERMITS, ZONING, GOVERNMENTAL REQUIREMENTS , AND ADDRESS: Permits, inspections, certificates, zoning, other governmental limitations, restrictions, and requirements affecting the current or future use of the Property, its development or size. Postal/mailing address and zip code may not accurately reflect the city which has jurisdiction over the property.
J. RENTAL PROPERTY RESTRICTIONS: The State, some counties, and some cities impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants, and the right of a landlord to terminate a tenancy. Deadbolt or other locks and security systems for doors and windows, including window bars, should be examined to determine whether they satisfy legal requirements.
K. SECURITY AND SAFETY: State and local Law may require the installation of barriers, access alarms, self-latching mechanisms and/or other measures to decrease the risk to children and other persons of existing swimming pools and hot tubs, as well as various fire safety and other measures concerning other features of the Property.
CALIFORNIA
ASSOCIATION
OF REALTORS
®
© 2021, California Association of REALTORS®, Inc.
Created by Lillie Reda with SkySlope® Forms
6502 - 06 Flora Ave, Bell, CA 90201
DigiSign Verified - b7a2628e-c66b-4ca1-b6bf-17b9a6487ecf Docusign Envelope ID: F0F67863-A450-4E1D-8D40-B5DC89B71DC8
© 2021, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020BUYER’S INVESTIGATION ADVISORY (BIA PAGE 2 OF 2) BIA REVISED 12/21 (PAGE 2 OF 2)
L. NEIGHBORHOOD, AREA, SUBDIVISION CONDITIONS; PERSONAL FACTORS: Neighborhood or area conditions, including schools, law enforcement, crime statistics, registered felons or offenders, fire protection, other government services, availability, adequacy and cost of internet connections or other technology services and installations, commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Homeowners’ Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer.
By signing below, Buyers acknowledge that they have read, understand, accept and have received a Copy of this Advisory. Buyers are encouraged to read it carefully.
Buyer ________________________________________________________________________ Date _______________ Buyer ________________________________________________________________________ Date _______________ Cecilia Khalil
Created by Lillie Reda with SkySlope® Forms
Mohamad Khalil
DigiSign Verified - b7a2628e-c66b-4ca1-b6bf-17b9a6487ecf Cecilia Khalil 04/02/2024
Mohamad Khalil 04/02/2024
Docusign Envelope ID: F0F67863-A450-4E1D-8D40-B5DC89B71DC8
FAAA 6/22 (PAGE 1 OF 1)
FAIR APPRAISAL ACT ADDENDUM
(C.A.R. Form FAAA, 6/22)
FAIR APPRAISAL ACT ADDENDUM (FAAA PAGE 1 OF 1)
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS
®
525 South Virgil Avenue, Los Angeles, California 90020
© 2022, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
CALIFORNIA
ASSOCIATION
OF REALTORS
®
The following terms and conditions are hereby incorporated in and made a part of the Purchase Agreement, OR □ Other _____________________________________________________________________________________ (“Agreement”), dated ____________, on property known as ____________________________________________________ (“Property”), in which ______________________________________________________________________ is referred to as (“Seller”) and _________________________________________________________________________ is referred to as (“Buyer”).
Any appraisal of the property is required to be unbiased, objective, and not influenced by improper or illegal considerations, including, but not limited to, any of the following: race, color, religion (including religious dress, grooming practices, or both), gender (including, but not limited to, pregnancy, childbirth, breastfeeding, and related conditions, and gender identity and gender expression), sexual orientation, marital status, medical condition, military or veteran status, national origin (including language use and possession of a driver’s license issued to persons unable to provide their presence in the United States is authorized under federal law), source of income, ancestry, disability (mental and physical, including, but not limited to, HIV/ AIDS status, cancer diagnosis, and genetic characteristics), genetic information, or age.
If a buyer or seller believes that the appraisal has been influenced by any of the above factors, the seller or buyer can report this information to the lender or mortgage broker that retained the appraiser and may also file a complaint with the Bureau of Real Estate Appraisers at https://www2.brea.ca.gov/complaint/ or call (916) 552-9000 for further information on how to file a complaint.
By signing below, Buyer and Seller has each read, understands and acknowledges receipt of a copy of this Fair Appraisal Act Addendum.
Buyer _______________________________________________________________________ Date _______________ Buyer _______________________________________________________________________ Date _______________ Seller _______________________________________________________________________ Date _______________ Seller _______________________________________________________________________ Date _______________ Cecilia Khalil
04/02/2024
Bell city community housing authority
Mohamad Khalil, Cecilia Khalil
6502 - 06 Flora Ave, Bell, CA 90201
Mohamad Khalil
Created by Lillie Reda with SkySlope® Forms
Bell city community housing authority
DigiSign Verified - b7a2628e-c66b-4ca1-b6bf-17b9a6487ecf 04/02/2024Cecilia Khalil
04/02/2024Mohamad Khalil
Docusign Envelope ID: F0F67863-A450-4E1D-8D40-B5DC89B71DC8 City Manager/Executive DirectorMichael L. Antwine II
9/20/2024
CCPA REVISED 12/22 (PAGE 1 OF 1)
CALIFORNIA CONSUMER PRIVACY ACT ADVISORY,
DISCLOSURE AND NOTICE
(C.A.R. Form CCPA, Revised 12/22)
CALIFORNIA CONSUMER PRIVACY ACT ADVISORY (CCPA PAGE 1 OF 1) Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
CALIFORNIA
ASSOCIATION
OF REALTORS
®
© 2022, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
The California Consumer Privacy Act (commencing with Civil Code § 1798.100) (“CCPA”), as amended by California voters in 2020, grants to California residents certain rights in their private, personal information (“PI”) that is collected by companies with whom they do business. Under the CCPA, PI is defined broadly to encompass non-public records information that could reasonably be linked directly or indirectly to you. PI could potentially include photographs of, or sales information about, your property.
During the process of buying and selling real estate your PI will be collected and likely shared with others, including real estate licensees, a Multiple Listing Service, real estate internet websites, service providers, lenders, and title and escrow companies, to name several possibilities. Businesses that are covered by the CCPA are required to grant you various rights in your PI, including the right to know what PI is collected, the right to know what PI is sold or shared and to whom, the right to request that the business correct or delete your PI, the right to “opt out” or stop the transfer of your PI to others, and the right to limit the use of certain PI which is considered “sensitive.” You may get one or more notices regarding your CCPA rights from businesses you interact with in a real estate transaction. However, not all businesses that receive or share your PI are obligated to comply with the CCPA. Moreover, businesses that are otherwise covered under the CCPA may have a legal obligation to maintain PI, notwithstanding your instruction to the contrary. For instance, regardless of whether they are covered by CCPA, under California law, brokers and Multiple Listing Services are required to maintain their records for 3 years. If you wish to exercise your rights under CCPA, where applicable, you should contact the respective business directly.
You can obtain more information about the CCPA and your rights under the law from the State of California Department of Justice (oag.ca.gov/privacy/ccpa). Additionally, the California Privacy Protection Agency is authorized to promulgate regulations which may further clarify requirements of the CCPA (cppa.ca.gov/regulations/).
I/we acknowledge receipt of a copy of this California Consumer Privacy Act Advisory, Disclosure and Notice.
Buyer/Seller/Landlord/Tenant ____________________________________________________ Date_________________ Buyer/Seller/Landlord/Tenant ____________________________________________________ Date_________________ Cecilia Khalil
Mohamad Khalil
Created by Lillie Reda with SkySlope® Forms
DigiSign Verified - b7a2628e-c66b-4ca1-b6bf-17b9a6487ecf 04/02/2024Cecilia Khalil
Mohamad Khalil 04/02/2024
Docusign Envelope ID: F0F67863-A450-4E1D-8D40-B5DC89B71DC8
BUYER CONTINGENCY REMOVAL (CR PAGE 1 OF 1)
CR-B 6/23 (PAGE 1 OF 1)
BUYER CONTINGENCY REMOVAL No. ________
(C.A.R. Form CR-B, 6/23)
In accordance with the terms and conditions of the Purchase Agreement, OR n Request For Repair (C.A.R. Form RR), n Response And Reply To Request For Repair (C.A.R Form RRRR), n Other _______________________________________________________ _________________________________________________________________________ dated ________________, (“Agreement”), on property known as ________________________________________________________________________________ (“Property”), between ____________________________________________________________________________________________ (“Buyer”) and ________________________________________________________________________________________________ (“Seller”).
Buyer and Seller are referred to as the “Parties.”
1. BUYER REMOVAL OF BUYER CONTINGENCIES: With respect to any contingency and cancellation right that Buyer removes, unless Otherwise Agreed in a separate written agreement between Buyer and Seller, Buyer shall conclusively be deemed to have:
(i) completed all Buyer Investigations and review of reports and other applicable information and disclosures; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and, expense, if any, for Repairs, corrections, or for the inability to obtain financing. Waiver of statutory disclosures is prohibited by law.
2. Buyer removes ONLY the following individually checked Buyer contingencies: (Paragraph numbers refer to C.A.R. Form RPA.
Applicable paragraph numbers may be different for different forms.) A. n Loan (Paragraph 3L(1) and 8A)
B. n Appraisal (Paragraph 3L(2) and 8B)
C. Investigation of Property (Paragraph 3L(3), 8C, and 12) (1) n Entire Buyer’s Investigation Contingency (Paragraph 12) OR (2) n Only the part of the Investigation related to inspections concerning physical attributes of the Property (Paragraph 12B(1)) OR (3) n All Buyer Investigations (including insurability) other than the physical attributes ( Paragraph 12B(2)) OR (4) n Entire Buyer’s Investigation Contingency, EXCEPT:
□ Fire Insurance
□ Flood Insurance
□ Other: ________________________________________________________________________________________ D. Review of Seller Documents:
(1) n Review of All Seller Documents ( Paragraph 3L(4), 8D, 9B(6), 10A, and 11) OR (2) n Review of All Seller Documents, EXCEPT:
n Government Reports (Paragraph 10A);
n Statutory and other Disclosures (Paragraph 11);
n Other: ________________________________________________________________________________________ E. n Preliminary (“Title”) Report (Paragraph 3L(5), 8E, and 13) F. n Common Interest (HOA or OA) Disclosures ( Paragraph 3L(6), 8F and 11L) G. n Review of leased or liened items ( Paragraph 3L(7), 8G, and 9B(6)) H. Sale of Buyer’s Property (Paragraph 3L(8) and 8J)
n Entering into contract for Buyer’s Property n Close of Escrow on Buyer’s Property I. n Other: _____________________________________________________________________________________________
3. n ALL Buyer contingencies are removed, EXCEPT:
n Loan Contingency (Paragraph 3L(1) and 8A);
n Appraisal Contingency (Paragraph 3L(2) and 8B);
n Contingency for the Close of Buyer’s Property ( Paragraph 3L(8) and 8J); n Condominium/Planned Development (HOA) Disclosures (Paragraph 3L(6), 8F and 11L); n Other: _____________________________________________________________________________________________
4. n BUYER HEREBY REMOVES ANY AND ALL BUYER CONTINGENCIES.
5. Once all contingencies are removed, whether or not Buyer has satisfied themselves regarding all contingencies or received any information relating to those contingencies , Buyer may not be entitled to a return of Buyer’s deposit if Buyer does not close escrow. This could happen even if, for example, Buyer does not approve of some aspect of the Property or lender does not approve Buyer’s loan.
NOTE: If this form is attached to a Request for Repairs (C.A.R. Form RR), Seller Response and Buyer Reply to Request for Repairs (C.A.R. Form RRRR), or another form or document such as an addendum (C.A.R. Form ADM) or Amendment to Existing Agreement (C.A.R. Form AEA) it is only valid if Buyer and Seller agree to the requests made on that form or document.
Buyer _______________________________________________________________________________ Date __________________ Buyer _______________________________________________________________________________ Date __________________
CALIFORNIA
ASSOCIATION
OF REALTORS
®
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS ® 525 South Virgil Avenue, Los Angeles, California 90020
© 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Created by Lillie Reda with SkySlope® Forms
Cecilia Khalil
04/02/2024
Bell city community housing authority
4 Preliminary Title Report
Mohamad Khalil
6502 - 06 Flora Ave, Bell, CA 90201
Mohamad Khalil, Cecilia Khalil
4 1
DigiSign Verified - b7a2628e-c66b-4ca1-b6bf-17b9a6487ecf 04/02/2024Cecilia Khalil
Mohamad Khalil 04/02/2024
Docusign Envelope ID: F0F67863-A450-4E1D-8D40-B5DC89B71DC8