City Council Special Meeting October 18, 2022
CITY OF FAIRFIELD
FAIRFIELD CITY COUNCIL
SPECIAL MEETING
CLOSED SESSION
TUESDAY, OCTOBER 18, 2022; 5:00 PM
CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR,
FAIRFIELD, CA 94533
CLOSED SESSION AGENDA
MINUTES
CALL TO ORDER
Mayor Harry T. Price called the meeting to order at 5:00 p.m.
Present in person were Councilmembers, Doriss Panduro, Chuck Timm, and Scott Tonnesen; Vice Mayor Rick Vaccaro, and Mayor Price. Councilmember Pam Bertani appeared via Zoom.
Councilmember Cat Moy was absent.
PUBLIC COMMENT: No members of the public wished to speak.
The City Council went into closed session with City Attorney David Lim, City Manager David Gassaway, Human Resources Director Farbod Pirouzmand (Item #1), Human Resources Manager Angela Broaddus (Item #1), Fairfield Police Captain Dan Marshall (Items #1 and #2), and attorneys Coleman Ramsey (Zoom: Item #1), Richard Osman (Zoom: Item #3), and Adam Ambrozy (Zoom: Item #3).
NEW BUSINESS -CLOSED SESSION
PRESENTATIONS
1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Workers Compensation Claim by Brian Pereira —Claim No.FFL2200009 Contact: David Lim, (415) 421-8484
2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Joseph Schwab, Jr. v. City of Fairfield, Christopher Adam, Frank Piro, Robert Murray, Alexander Aldredge, Sean Timm, Kevin Anderson, and Does 1-20 U.S. District Court, Eastern District of California, Case No. 2:20-cv-01631-JAM-DB Contact: David Lim, (415) 421-8484
3. CONFERENCE WITH LEGAL COUNSEL— ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)-(4)
Re: Claim of defamation by Councilmember Cat Moy and City Council against Showcase LLC Contact: David Lim, (415) 421-8484
City Council Special Meeting October 18, 2022
OPEN SESSION
The City came out of closed session. The City Attorney announced the City Council agreed to resolve the workers compensation claim in Item #1 with Mr. Pereira with a compromise and release in the amount of $80,000.
The meeting was adjourned at 6:00 p.m.
City Attorney
/ CG-LG I c.1,
Mayor
RECORDING REQUESTED BY:
First American Title Insurance Company
201 S. College Street
Suite 1440
Charlotte, NC 28244
Attn: Debbie Stewart
MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:
City of Fairfield
Attn: City Manager
1000 Webster Street
Fairfield, CA 94533
FATIC Order No.: NCS-CA3-128-NC
SOLANO COUNTY APN:
030-174-120
Electronically Recorded in Official Records d Solano County 912112022 Marc C. Tonnesen 8:00:00 AM
Assessor/Recorder AR16
06 ES-Simplifile
Doc # 202200061101 Titles:l Pages: 8
Fees S0.00
Taxes 50.00
SB2 Fee S0.00
Other S0.00
SPACE ABOVE THIS LINE FOR
RECORDING INFORMATION
GRANT DEED
Paid S0.00
THE UNDERSIGNED GRANTOR(S) DECLARE(S):
DOCUMENTARY $ 0 R&T 11922 CITY $
X computed on full value of vrovertv conveyed, or
recomputed on full value less liens and encumbrances remaining at time of sale, nUnincoroorated X City Fairfield , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking association, successor by merger to Bank of America National Trust and Savings Association ("Grantor") hereby GRANT(S) to
CITY OF FAIRFIELD, a California municipal corporation ("Grantee"), the following described real property in the City of Fairfield, County of Solano, State of California:
SEE ATTACHED EXMIT 'tA"
1 Fairfield CA3-128
154012223v2
Subject to all of the matters listed or contained in EXHIBIT "B" labeled "Permitted Exceptions" which is attached hereto, incorporated herein and made a part hereof for all purposes, to the full extent same are valid and subsisting and affect the Property.
[SIGNATURE APPEARS ON NEXT PAGE]
2 IN WITNESS WHEREOF, Grantor has caused this Deed to be signed, sealed and delivered, to be effective as of September 15 , 2022.
GRANTOR:
BANK OF AMERICA, NATIONAL
ASSOCIATION,
a national banking association
By: Kathleen M. Luongo
Its: Vice President
Date: �? /zU z z--
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF MASSACHUSETTS
COUNTY OF MIDDLESEX
On September _t3 2022, before me,(here insert name of the officer), Notary Public, personally appeared Kathleen A Luongo, Vice President of Bank of America, National Association, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Massachusetts that the foregoing paragraph is true and correct.
WITNESS my ha and official seal.
Signature
MAIL TAX STATEMENTS AS DIRECTED ABOVE
(Seal)
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Fairfield CA3-128
EXHIBIT "A"
LEGAL DESCRIPTION
Being that property situated in the City of Fairfield, Solano County, California, described as follows:
Parcel A, as shown on the Parcel Map entitled: "Parcel Map Portion of Block 23, City of Fairfield, Solano County, California", filed August 07, 1972, in Book 6 of Parcel Maps, at Page 56, Solano County Records.
Address: 1120 Texas St., Fairfield, CA 94533
Solano County Tax Parcel No. 0030-174-120
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. Rights of parties in possession, if any.
2. Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records as of the date hereof, and the consequences of any law, ordinance or governmental regulation including, but not limited to, building and zoning ordinances.
3. Defects, liens, encumbrances, adverse claims or other matters (a) not known to the Grantor and not shown by the public records but known to the Grantee as of the date hereof and not disclosed in writing by the Grantee to the Grantor -prior to the date hereof; (b) resulting in no loss or damage to the Grantee; or (c) attaching or created subsequent to the date hereof.
4. Visible and apparent easements and all underground easements, the existence of which may arise by unrecorded grant or by use.
5. Any and all unrecorded leases, if any, and rights of parties therein.
6. Taxes and assessments for the year of closing and subsequent years.
7. All judgments, liens (excluding construction liens), assessments, code enforcement liens, encumbrances, declarations, mineral reservations, covenants, restrictions, reservations, easements, agreements and any other matters as shown on the public records.
Any state of facts which an accurate survey or inspection of the Property would reveal, including inland/tidal wetlands designation if applicable.
9. Any liens for municipal betterments assessed after the date of the within Deed and/or orders for which assessments may be made after the date of the within Deed.
10. Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights or, claims or Title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records.
11. The Land lies within the boundaries of proposed community facilities District No. 2014-1 (Clean Energy), as disclosed by a map filed August 27, 2015 in Book 25, Page 55 of maps of assessment and community facilities districts.
12. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section- 75 of the California Revenue and Taxation Code.
13. Right of way dated October 27, 1931, Lucille H. Whitten to Natural Gas Corporation of California, for the purpose of laying, constructing and maintaining a pipe line across the property described herein, recorded December 3, 1931, in Book 81 of Official Records, Page 360. All interest of Coast Counties Gas and Electric Company, successor in interest to Natural Gas Corporation of California, has been conveyed to Pacific Gas and Electric Company, by 5 Fairfield CA3-128
instrument dated December 28, 1937, and recorded February 26, 1938 in Book 181, Page 565 of the Solano County Recorder's Office.
14. Right of way for pole line installation and maintenance and appurtenances thereto as conveyed by Elmer C. Rasmussen and Ruby M. Rasmussen to Pacific Gas and Electric Company, by instrument dated April 30, 1957 and recorded June 20, 1957, in Book 887 of Solano County Official Records, Page 91, Instrument No. 10185.
15. The Land lies within the boundaries of the Fairfield City Center Redevelopment Project Area, as disclosed by the document recorded July 07, 1982 as Instrument No. 24810 in Book 1982, Page 43637 of the Solano County Recorder's Office.
16. Water rights, claims or title to water, whether or not shown by the Solano County Recorder's Office.
17. Restrictions, conditions, dedications, notes, easements and provisions contained and/or delineated on the face of the plat recorded in Book 1 of Maps, Page 46; and Book 6 of Parcel Maps, Page 56, Solano County Recorder's Office.
18. Without limiting the foregoing, all covenants, conditions, restrictions and other matters of record recorded or Bled in the applicable records of Solano County, California, with respect to the real property conveyed hereby.
5 LA1y0;
EF-502-A-R16-0521-48002227-1
BOE-502-A (151) REV. 16 (05-21) '
PRELIMINARY CHANGE OF OWNERSHIP REPORT
To be completed by the transferee (buyer) prior to a transfer of subject p U' property, in accordance with section 480.3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located.
NAME AND MAILING ADDRESS OF SUYER/TRANSFEREE
Marc C. Tonnesen
Solano County Assessor/Recorder
675 Texas Street Suite 2700
Fairfield, CA 94533-6338
(707) 784-6210
h ftp://www.solanocounty.com/depts/ar
[email protected]
ASSESSOR'S PARCEL NUMBER
0030-174-120
(Make necessary corrections to the printed name and mailing address) SELLER/TRANSFEROR rCity of Fairfield Bank of America, National Association Attn: City Manager BUYER'S DAYTIME TELEPHONE NUMBER
1000 Webster Street (707 ) 428-7400
Fairfield, CA 94533 BUYER'S EMAILADDRESS
L J daassawav0.fairfield.ca.gov
STREETADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY
1120 Texa's St., Fairfield, CA 94533
❑ YES 0 NO This property is intended as my principal residence. If YES, please indicate the date of occupancy or intended occupancy.
❑ YES ❑✓ NO Are you a disabled veteran, or the unmarried surviving spouse of a disabled veteran, who, due to a service connected injury or disease, was either rated 100% disabled or compensated at 100% due to unemployability by the Department of Veterans Affairs?
MAIL PROPERTY TAX INFORMATION TO (NAME)
City of Fairfield, Attn: City Manager %
MAIL PROPERTY TAX INFORMATION TO (ADDRESS) CITY STATE ZIP CODE 1000 Webster Street Fairfield CA 94533
PART 1. TRANSFER INFORMATION Please complete all statements.
This section contains possible exclusions from reassessment for certain types of transfers.
YES NO
❑ 0 A. This transfer is solely between spouses (addition or removal of a spouse,death of a spouse, divorce settlement, etc.). ❑ 0 B. This transfer is solely between domestic partners currently registered with the California Secretary of State (addition orremoval of a partner, death of a partner, termination settlement, etc.). ❑ ❑✓ * C. This is a transfer: ❑ between parent(s) and child(ren) ❑ between grandparent(s) and grandchild(ren).
Was this the transferor/grantor's principal residence? ❑ YES ❑ NO ❑ F,(] * D. This transfer is the result of a cotenant's death. Date of death ❑❑ * E. This transaction is to replace a principal residence owned by a person 55 years of age or older.
Within the same county? ❑ YES ❑ NO
❑ ❑✓ * F. This transaction is to replace a principal residence by a person who is severely disabled.
Within the same county? ❑ YES ❑ NO
❑ ❑✓ *G. This transaction is to replace a principal residence substantially damaged or destroyed by a wildfire or natural disaster for which the Governor proclaimed a state of emergency. Within the same county? ❑ YES ❑ NO ❑ H. This transaction is only a correction of the name(s) of the person(s) holding title to the property (e.g., a name change upon marriage).
If YES, please explain:
❑ ✓❑ I. The recorded document creates, terminates, or reconveys a lender's interest in the property. ❑ ❑✓ J. This transaction is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g., cosigner). If YES, please explain:
❑ ✓❑ K. The recorded document substitutes a trustee of a trust, mortgage, or other similar document.
L. This is a transfer of property:
❑ ✓❑ 1. to/from a revocable trust that may be revoked by the transferor and is for the benefit of ❑ the transferor, and/or ❑ the transferor's spouse ❑ registered domestic partner. ❑ 0 2. to/from an irrevocable trust for the benefit of the ❑ creator/grantor/trustor and/or ❑ grantor's/trustor's spouse ❑ grantor's/trustor's registered domestic partner. ❑ ✓❑ M. This property is subject to a lease with a remaining lease term of 35 years or more including written options. ❑ ✓❑ N. This is a transfer between parties in which proportional interests of the transferor(s) and transferee(s) in each and every parcel being transferred remain exactly the same after the transfer. ❑ ✓❑ O. This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions, or restrictions imposed by specified nonprofit corporations.
❑ ✓❑ * P. This transfer is to the first purchaser of a new building containing a ❑ leased ❑ owned active solar energy system. ❑ ❑ Q. Other. This transfer is to
* Please refer to the instructions for Part 1. Please provide any other information that will help the Assessor understand the nature of the transfer.
THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION
IIIII III III I II I II IIIIIII IIIIII II IIII IIIIIIII IIIIIIIIII III III IIIII III I II IIIIII IIIIII EF3U2'Af716U52148DU=7
EF-502-A-R16-0521-46002227-2
BOE-502-A (P2) REV. 16 (05-21)
PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable.
A. Date of transfer, if other than recording date:
B. Type of transfer:
✓❑ Purchase ❑ Foreclosure ❑ Gift ❑ Trade or exchange ❑ Merger, stock, or partnership acquisition (Form BOE-100-8) ❑ Contract of sale. Date of contract: ❑ Inheritance. Date of death:
❑ Sale/leaseback ❑ Creation of a lease ❑ Assignment of a lease ❑ Termination of a lease. Date lease began:
Original term in years (including written options): Remaining term in years (including written options):
❑ Other. Please explain: I
C. Only a partial interest in the property was transferred. []YES ❑✓ NO If YES, indicate the percentage transferred: % PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable.
A. Total purchase price $ 2,100,000
B. Cash down payment or value of trade or exchange excluding closing costs Amount $ C. First deed of trust @ % interest for years. Monthly payment $ Amount $ ❑ FHA (_Discount Points) ❑ Cal -Vet ❑ VA (_Discount Points) ❑ Fixed rate ❑ Variable rate ❑ Bank/Savings & Loan/Credit Union ❑ Loan carried by seller ❑ Balloon payment $ Due date:
D. Second deed of trust @ % interest for years. Monthly payment $ Amount $ ❑ Fixed rate ❑ Variable rate ❑ Bank/Savings & Loan/Credit Union ❑ Loan carried by seller ❑ Balloon payment $ Due date:
E. Was an Improvement Bond or other public financing assumed by the buyer? ❑YES ✓❑ NO Outstanding balance $ F. Amount, if any, of real estate commission fees paid by the buyer which are not included in the purchase price $ G. The property was purchased: ❑Through real estate broker. Broker name: Jones Lang LaSalle Phone number: ) ❑ Direct from seller ❑ From a family member -Relationship ❑ Other. Please explain:
H. Please explain any special terms, seller concessions, broker/agent fees waived, financing, and any other information (e.g., buyer assumed the existing loan balance) that would assist the Assessor in the valuation of your property.
PART 4. PROPERTY INFORMATION Check and complete as applicable.
A. Type of property transferred
❑ Single-family residence ❑ Co-op/Own-your-own ❑ Manufactured home ❑ Multiple -family residence. Number of units: ❑ Condominium ❑ Unimproved lot ❑ Other. Description: (i.e., timber, mineral, water rights, etc.) ❑ Timeshare Commercial/Industrial B. ❑YES [—]NO Personal/business property, or incentives, provided by seller to buyer are included in the purchase price. Examples of personal property are furniture, farm equipment, machinery, etc. Examples of incentives are club memberships, etc. Attach list if available.
If YES, enter the value of the personal/business property: $ Incentives $ C. YES Z NO A manufactured home is included in the purchase price.
If YES, enter the value attributed to the manufactured home: $ YES NO The manufactured home is subject to local property tax. If NO, enter decal number:
D. YES ❑ NO The property produces rental or other income.
If YES, the income is from: Lease/rent ❑Contract ❑Mineral rights ❑Other:
E. The condition of the property at the time of sale was:Good —]Average ❑Fair ❑Poor Please describe:
CERTIFICATION
I certify (or declare) that the fore ng and all information hereon, including any accompanying statements or documents, is true and correct to the best of my knowledge an eliet,
SIGNATURE OF BUY E OR C RPORATE O R DATE TELEPHONE
® g !Z Z hrD�)
NAME OF 13uyT-RrrRANSFEREE/PTTRSONAL REP ESE RPORATE OFFICER (PLEASE PRINT) TITLE EMAILADDRESS I he Assessor's office ma+ contact you for additional information regarding this transaction.
E I I I QI 1 �� II227
TAXABLEYEAR ■ CALIFORNIA FORM
2022 Real Estate Withholding Statement 593
AMENDED: • ❑ Escrow or Exchange No. NCS-CA3-128-NC
Part I Remitter Information • ✓❑ BEEP ❑ Qualified Intermediary ❑ Buyer/Transferee ❑ Other Business name
First American Title Insurance Company
❑ FEIN ❑ CA Corp no. ❑ CA SOS file no.
First name
Initial
Last name
SSN or ITIN
Address (apt./ste., room, PO box, or PMB no.).
City (if you have a foreign address, see instructions.) State
ZIP code
Telephone number
Part II Seller/Transferor Information If a grantor or nongrantor trust, check the box that applies. • ✓❑ Grantor ❑ Nongrantor Trust First name/Grantor
Initial
Last name/Grantor
SSN or [TIN
Spouse's/RDP's first name (if jointly owned)
Initial
Last name
Spouse's/RDP's SSN or ITIN (if jointly owned)
Business/Nongrantor Trust name (if applicable)
Z FEIN ❑ CA Corp no. ❑ CA SOS file no.
Bank of America, National Association
94-1687665
Address (apt./ste., room, PO box, or PMB no.)
100 N. Tryon Street, Mail Code NC1-007-25-50
City (If you have a foreign address, see instructions.) State
Telephone number
Charlotte
NC
�ZlPcode
28255
Property address (provide street address, parcel number, and county) Ownership percentage
11.20 Texas St., Fairfield CA 94533; Solano County; APN: 0030-174-120 100 .00 %
PartIII Certifications which fully exempt the sale from withholding (see instructions) Determine whether you qualify for a full withholding exemption. Check all boxes that apply to the property being sold or transferred.
1. 0 ❑ The property qualifies as the seller's (or decedent's, if sold by the decedent's estate or trust) principal residence under Internal Revenue Code (IRC) Section 121.
2. * ❑ The seller (or decedent, if sold by the decedent's estate or trust) last used the property as the seller's (decedent's) principal residence under IRC Section 121 without regard to the two-year time period.
3. ❑ The seller has a loss or zero gain for California income tax purposes on this sale. Complete Part VI, Computation on Side 2.
4. ❑ The property is compulsorily or involuntarily converted,.and the seller intends to acquire property that will qualify for nonrecognition of gain under IRC Section 1033.
5. ❑ The transfer qualifies for nonrecognition treatment under-IRC Section 351 (property transferred to a corporation controlled by the transferor) or IRC Section 721 (property contributed to a partnership in exchange for a partnership interest).
6. ✓❑ The seller is a corporation (or a limited liability company (LLC) classified as a corporation for federal and California income tax purposes) that is either qualified through the California Secretary of State or has a permanent place of business in California.
7. ❑ The seller is a California partnership or qualified to do business in California (or an LLC that is classified as a partnership for federal and California income tax purposes that is not a single member LLC that is disregarded for federal and California income tax purposes).
8. ❑ The seller is a tax-exempt entity under California or federal law.
9. ❑ The seller is an insurance company, individual retirement account, qualified pension/profit sharing plan; or charitable remainder trust.
If you checked one or more boxes in line 1 through line 9, withholding is not required. Do not complete Part IV. Go to Side 3, complete the perjury statement and sign. Provide Sides 1-3 to the remitter before the close of escrow or exchange transaction to submit to the Franchise Tax Board.
Part IV Certifications that may partially or fully exempt the sale from withholding or if no exemptions apply (see instructions) Determine whether you qualify for a full, partial, or no withholding exemption. Check all boxes that apply to the property being sold or transferred.
10. ❑ The transfer qualifies as either a simultaneous or deferred like -kind exchange under IRC Section 1031. See instructions for Form 593, Part IV.
11. ❑ The transfer of this property is an installment sale where the buyer must withhold on the principal portion of each installment payment.
Copy of the promissory note is attached at the close of escrow. Complete Part V, Buyer/Transferee Information on Side 2. Withholding may be required.
12. ❑ No exemptions apply. Check this box if the exemptions in Part III or Part IV, line 10 and line 11, do not apply. Remitter must complete Part VII, Escrow or Exchange Information, on Side 3 for amounts to withhold. Withholding is required. —� 8601.223 r— Form 593 2021 Side 1
Escrow or Exchange No.
NCS-CA3-128-NC
Remitter name SSN, ITIN, FEIN, CA corp no., or CA SOS file no.
First American' Title Insurance Company
Part V Buyer/Transferee Information
Complete this part if you checked box 11 in Part IV for an installment agreement.
First name/Grantor
Initial
Last name/Grantor
SSN or ]TIN
Spouse's/RDP's first name (if jointly purchased)
Initial
Last name
Spouse's/RDP's SSN or ITIN
Bussiinness/NongrantorTrust name (if applicable)
FEIN ❑ CA Corp no. ❑ CA SOS file no.
Address (apt./ste., room, PO box, or PMB no.)
1ocil-) r eje-+
City (If you have.A foreign address, see instructions.) State
ZIP code
Telephone number
• r6d
GA
4 )kAag -TAM)
Principal Amount of Promissory Note
Installment Amount
Interest Rate
Repayment Period
°
Number of months
Buyer's/Transferee's Acknowledgment to Withhold
Read the "Buyer/Transferee" Information' below.
I acknowledge that I am required to withhold on the principal portion of each installment payment to the seller/transferor for the above shown California real property either at the rate of 31/3% (.0333) of the sales price or the Alternative Withholding Calculation, as specifed by the seller/transferor on Form 593, Real Estate Withholding Statement, of the principal portion of each installment payment. I will complete Form 593 for the principal portion of each installment payment and send one copy of each to the Franchise Tax Board (FTB) along with Form 593-V, Payment Voucher for Real Estate Withholding, the withholding payment, and give one copy of Form 593 to the seller/transferor. I will send each withholding payment to the FTB by the 20th day of the month following the month of the installment payment. If the terms of the installment sale, promissory note, or payment schedule change, I will promptly inform the FTB. I understand that the FTB may review relevant escrow documents to ensure withholding compliance. I also understand that I am subject to withholding penalties if I do not withhold on the principal portion of each installment payment and do not send the withholding along with Form 593 to the FTB by the due date, or if I do not send one copy of Form 593 to the seller/transferor by the due date. Go to Side 3, complete the perjury statement and sign.
Part VI Computation
Complete this part if you checked and certified box 3 in Part III, or to calculate an alternative withholding calculation amount.
13. Selling price..................................................................................... 13 . Obb. CO
14. Selling expenses.....................................................................................14
15. Amount realized. Subtract line 14 from line 13............................................................. 15
16. Enter the price you paid to purchase the property (see instructions, How to Figure Your Basis.) ......16
17. Seller/Transferor-paid points ......................................... 17
18. Depreciation ......................... /............................ 18
19. Other decreases to basis...........................................19
20. Total decreases to basis. Add line 17 through line 19....................................... 20
21. Subtract line 20 from line 16......................................................... 21
22. Cost of additions and improvements................................22
23. Other increases to basis..........................................23
24. Total increases to basis. Add line 22 and line 23........................................... 24
25. Adjusted basis. Add line 21 and line 24................................................................. 0 25o O • OL-)
26. Enter any suspended passive activity losses from this property .............................. 26
27. Add line 25 and line 26.................................................................................27
28. Estimated gain or loss on sale. Subtract line 27 from line 15 and enter the amount here.
If you have a loss or zero gain, skip lines 29 and 30. Certify on Side 3. Withholding is not required.
If you have a gain, go to line 29 to calculate your withholding .................................................. 28 Side 2 Form 593 2021 8b02223
Escrow or Exchange No.
NCS-CA3-128-NC
Remitter name SSN, [TIN, FEIN, CA corp no., or CA SUS tle no.
29. Alternative withholding calculation amount. Check the applicable box for the filing type. ❑ Individual 12.3% ❑ Corporation 8.84% ❑ Bank and Financial Corporation 10.84% ❑ Trust 12.3% ❑ Non -California Partnership 12.3% ❑ S Corporation 13.8% ❑ Financial S Corporation 15.8% Multiply the amount on line 28 by the tax rate for the filing type selected above and enter the amount here. This is the alternative withholding calculation amount. If you elect the alternative withholding calculation amount, then check the appropriate box on line 36, Boxes B-H, and enter the amount on line 37...........................................29
30. Sales price withholding amount. Multiply the selling price on line 13 by 31/3% (.0333).
This is the sales price withholding amount. If you select the sales price withholding amount, check box A on line 36 below and enter the amount on line 37................................................................30 Part VII , Escrow or Exchange Information
31. Escrow or Exchange Number ........................... • 31 NCS-CA3-128-NC
32. Date of Transfer, Exchange Completion, Failed Exchange, or Installment Payment .......... (mm/dd/yyyy) • 32
33. Sales Price, Failed Exchange, or Boot Amount $ x Ownership Percentage % • 33
34. Amount that should have been withheld ............................................ N 34
35. Type of Transaction (Check One Only): •
A ❑✓ Conventional Sale/Transfer C ❑ Boot E ❑ Cash Poor
B ❑ Installment Sale Payment D ❑ Failed Exchange
36. Withholding Calculation (Check One Only): •
Sales Price Method
A ❑ 31/3% (.0333) x Sales Price, Boot, or Installment Sale Payment Alternative Withholding Calculation Election
B ❑ Individual 12.3% x Gain on Sale F ❑ S Corporation 13.8% x Gain on Sale C ❑ Non -California Partnership 12.3% x Gain on Sale G ❑ Financial S Corporation 15.8% x Gain on Sale D ❑ Corporation 8.84% x Gain on Sale H ❑ Trust 12.3% x Gain on Sale E ❑ Bank and Financial Corp.10.84% x Gain on Sale
37. Amount Withheld from this Seller/Transferor .............................. ■ 37 Title and escrow persons, and exchange accommodators are not authorized to provide legal or accounting advice for purposes of determining withholding amounts. Transferors are strongly encouraged to consult with a competent tax professional for this purpose.
Our privacy notice can be found in annual tax booklets or online. Go to ftb.ca.gov/privacy to learn anout our privacy policy statement, or go io ftb.ca.gov/forms and search for 1131 to locate FTB 1131 EN-SP, Franchise Tax Board Privacy Notice on Collection. To request this notice by mail, call 800.338.0505 and enter form code 948 when instructed.
Perjury Statement
Under penalties of perjury, I hereby certify that the information provided above is, to the -best of my knowledge, true and correct. I further certify that:
Check the applicable box(s):
0 The sale is fully exempt from withholding as indicated by a check mark(s) in Part III. ❑ The sale is fully or partially exempt from withholding as indicated by a check mark in Part IV, box 10 or 11. ❑ The seller has elected the Alternative Withholding, Calculation as indicated by a check mark in Part VI I, line 36 (B-H). ❑ The buyer/transferee understands and accepts the withholding requirements as stated on the Buyer's/Transferee's Acknowledgment to Withhold in Part V. The buyer/transferee should only check this box when involved in an installment sale. ❑ The Remitter (Qualified Intermediary) acknowledges this is a cash poor transaction as indicated by a check mark in Part VII, line 35, box E. -� 8603223 r- Form 593 2021 Side 3
name
Escrow or Exchange No.
NCS-CA3-128-NC
]TIN, FEIN, CA corp no., or CA SOS file no.
29. Alternative withholding calculation amount. Check the applicable box for the filing type. ❑ Individual 12.3% ❑ Corporation 8.84% ❑ Bank and Financial Corporation 10.84% ❑ Trust 12.3% ❑ Non -California Partnership 12.3% ❑ S Corporation 13.8% ❑ Financial S Corporation 15.8% Multiply the amount on line 28 by the tax rate for the filing type selected above and enter the amount here. This is the alternative withholding calculation amount. If you elect the alternative withholding calculation amount, then check the appropriate box on line 36, Boxes B-H, and enter the amount online 37...........................................29
30. Sales price withholding amount. Multiply the selling price on line 13 by 31/3% (.0333).
This is the 'sales price withholding amount. If you select the sales price withholding amount, check box A on line 36 below and enter the amount on line 37...............................................................30 Part VII Escrow or Exchange Information
31. Escrow or Exchange Number ........................... • 31 NCS-CA3-128-NC
32. Date of Transfer, Exchange Completion, Failed Exchange, or Installment Payment .......... (mm/dd/yyyy) * 32 a �� 2IJ a. l►
33. Sales Price, Failed Exchange, or Boot Amount $ Q.k00� X-0 . x Ownership Percentage . 11A0% • 33
34. Amount that should have been withheld ............................................. 034,
35. Type of Transaction (Check One Only): •
A ✓❑ Conventional Sale/Transfer C ❑ Boot E ❑ Cash Poor
B ❑ Installment Sale Payment D ❑ Failed Exchange
36. Withholding Calculation (Check One Only): •
Sales Price Method
A ❑ 31/3% (.0333) x Sales Price, Boot, or Installment Sale Payment Alternative Withholding Calculation Election
B ❑ Individual 12.3% x Gain on Sale F ❑ S Corporation 13.8% x Gain on Sale I C ❑ Non -California Partnership 12.3% x Gain on Sale G ❑ Financial S Corporation 15.8% x Gain on Sale D ❑ Corporation 8.84% x Gain on Sale H ❑ Trust 12.3% x Gain on Sale E ❑ Bank and Financial Corp.10.84% x Gain on Sale
37. Amount Withheld from this Seller/Transferor .............................. .0 37 Title and escrow persons, and exchange accommodators are not authorized to provide legal or accounting advice for purposes of determining withholding amounts. Transferors are strongly encouraged to consult with a competent tax professional for this purpose.
Our privacy notice can be found in annual tax booklets or online. Go to ftb.ca.gov/privacy to learn about our privacy policy statement, or go to ftb.ca.gov/forms and search for 1131 to locate FTB 1131 EN-SP, Franchise Tax Board Privacy Notice on Collection. To request this notice by mail, call 800.338.0505 and enter form code 948 when instructed.
Perjury Statement
Under penalties of perjury, I hereby certify that the information provided above is, to the best of my knowledge, true and correct. I further certify that:
Check the applicable box(s):
✓❑ The sale is fully exempt from withholding as indicated by a check mark(s) in Part III. ❑ The sale is fully or partially exempt from withholding as indicated by a check mark in Part IV, box 10 or 11. ❑ The seller has elected the Alternative Withholding Calculation as indicated by a check mark in Part VII, line 36 (B-H). ❑ The buyer/transferee understands and accepts the withholding requirements as stated on the Buyer's/Transferee's Acknowledgment to Withhold in Part V. The buyer/transferee should only check this box when involved in an installment sale. ❑ The Remitter (Qualified Intermediary) acknowledges this is.a cash poor transaction as indicated by a check mark in Part VII, line 35, box E. —� 8603223 �— Form 593 2021 Side 3
BILL OF SALE AND ASSIGNMENT
FOR VALUE RECEIVED, BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking association ("Assignor"), hereby, as of September, 2022, sells, bargains, conveys, assigns, transfers and sets over to CITY OF FAIRFIELD, a California municipal corporation ("Assignee"), its successors and assigns forever, all of Seller's right, title and interest in and to the furniture, fixtures, equipment and other items of personal .property, if any, owned by Seller (collectively, the "Personal Property"), all as located on or attached to the real estate and the building and improvements erected thereon located at 1120 Texas Street, Fairfield, California (the "Property").
TO HAVE AND TO HOLD the above -mentioned Personal Property unto Assignee, its successors and assigns forever.
Assignor covenants, represents and warrants that it has good and legal title to the Personal Property free and clear of all claims, liens, security interests, charges and encumbrances, subject to the Permitted Exceptions shown in any public records or listed in the Deed from Assignor to Assignee of even date herewith conveying the Property, and that Assignor has the right to transfer and convey such title to the Personal Property to Assignee. All terms, covenants, representations and warranties contained herein shall be for and inure to the benefit of, and shall bind, the parties hereto and their respective successors and assigns.
Assignee takes the Personal Property "AS IS" and "WITH ALL FAULTS" and acknowledges that Assignor has not made and does not make any representations or warranties as to physical condition, operation, merchantability, marketability, profitability, suitability or fitness for a particular use or purpose or any other matter.
Notwithstanding anything contained herein to the contrary, no computer servers, desktop stations, laptops, files, documents, records or other personal property which could reasonably be expected to contain customer information, proprietary information or other confidential information (collectively, the "Protected Items") shall become the property of or shall be disposed of by Assignee. In the event any Protected Items remain on the Property after closing, Assignee agrees to notify Assignor immediately and to promptly provide access during normal business hours for Assignor to retrieve said items; it being acknowledged by both Assignee and Assignor that such items may contain sensitive, confidential and/or proprietary information which is subject to federal regulations as to ownership, possession, storage, disposal, removal or other handling. Further, Assignee agrees not to make any copies of the information contained in the Protected Items, nor display or disseminate the Protected Items or the information contained therein to any third parties. Assignee agrees that it will not contact any media outlet or other third party to publicize any Protected Items left on the Property. In addition, upon request, Assignee agrees to execute a certificate in a form prepared and provided by the Assignor, attesting under penalty of perjury to the foregoing. This provision shall survive the Closing of the sale.of the Property.
The parties agree to accept a digital image of this Bill of Sale and Assignment, as executed, as a true and correct original and admissible as best evidence for the purposes of State law, Federal Rule -of Evidence 1002, and the like statutes and regulations.
[SIGNATURES APPEAR- ON NEXT PAGE]
Fairfield CA3-128
1540115080
IN WITNESS WHEREOF and intending to be legally bound hereby, the undersigned have executed this Bill of Sale and Assignment as of the date first set forth hereinabove.
ASSIGNOR:
BANK OF AMERICA, NATIONAL ASSOCIATION, a
national banking association
By: G
461�� , r
Name: Kathleen M. Luongu.31
Title: Vice President
ASSIGNEE:
CITY OF FAIRFIELD, a California municipal corporation
Name:
Title:
Fairfield CA3-128
IN WITNESS WHEREOF and intending to be legally bound hereby, the undersigned have executed this Bill of Sale and Assignment as of the date first set forth hereinabove.
ASSIGNOR:
BANK OF AMERICA, NATIONAL ASSOCIATION, a
national banking association
By:
Name: Kathleen M. Luongo
Title: Vice President
ASSIGNEE:
CITY OF FAI I , a/Californya municipal corporation
Name:
41 Fairfield CA3-128
NOTICE OF SALE
REGARDING ASSIGNMENT AND ASSUMPTION OF RETAIL LEASE
TO: Lessee of: Closing Date: September 15, 2022
Retail Lease
1120 Texas Street
Fairfield, CA 94533
RE: Notice of Change of Ownership of 1120 Texas St., Fairfield, CA 94533 Retail Lease between Bank of America N.T. & S.A. as Lessor and Lee Broadwater as Lessee, dated April 28, 1988, as amended (the "Retail Lease") To Whom It May Concern:
You are hereby notified as follows:
1. That as of the date hereof, Bank of America, National Association has transferred, sold, assigned, and conveyed all of its interest in the above -described property (the "Pro a ") to the City of Fairfield, a California municipal corporation (the "New Owner").
2. Future notices and rental payments with respect to your leased premises at the Property should be made to the New Owner in accordance with your Retail Lease terms at the following address, or at such other address as New Owner advises you:
City of Fairfield
Attn: City Manager
1000 Webster Street
Fairfield, CA 94533
3. If there is a security deposit with respect to your Retail Lease, it has been transferred to the New Owner, and the New Owner shall be responsible for holding the same in accordance with the terms of your Retail Lease andapplicable laws.
4. New Owner or its property managing agent will contact you shortly, or contemporaneously with this notice, with respect to other information regarding New Owner, the Property and your Retail Lease.
[SIGNATURE APPEARS ON NEXT PAGE]
Fairfield CA3-128
154012160vl
-
Fairfield CA3-128
BANK OF AMERICA, NATIONAL ASSOCIATION, a
national banking association
By:
Name: -Kathleen M. LuVngo
Title: Vice President
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Grant Deed dated as of S2pMk( IS , 2022 executed by BANK OF AMERICA, grantor, to the CITY OF FAIRFIELD, as grantee, is hereby accepted by the undersigned officer on behalf of the City of Fairfield pursuant to the authority conferred by the City Council of the City of Fairfield at a special meeting on June 28, 2022, and the grantee consents to the recordation thereof by its duly authorized officer.
Dated as of Jam. 1 )--- , 2022
David Gassaway,
Interim City Manager
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
State of California }
County of Solano ) On 5!4Ae4lti6e4"' 1— Z`- 22— before me, �� M �� �, a ✓zQ Notary Public, personally appeared
k N � A (5 C� %i0� and Ue of the officer)
'who proved to the on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the x-, ithin instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the la«s of the State of California that the foregoing paragraph is true and correct.
117ITNESS my hand and official seal.
Siartatuie
(Seal)
• ► KELLY M. BALLARD
Notary Public - California
` solano County
Commission # 2340233
• "�� My Comm. Expires Dec 13, 2024