either Seller or the Buyer. b. Other duƟesto the Seller and the Buyer as stated above in their respecƟve secƟons (a) or (b) of this paragraph 24.2. (2) In represenƟng both Seller and Buyer, the agent may not, without the express permission of the respecƟveParty, disclose to the other Party confidenƟal informaƟon,including, but not limited to, facts relaƟngto either Buyer's or Seller's financial posiƟon, moƟvaƟons,bargaining posiƟon,or other personal informaƟon that may impact price, including Seller's willingness to accept a price less than the lisƟng price or Buyer's willingness to pay a price greater than the price offered. (3) The above duƟesof the agent in a real estate transacƟondo not relieve a Seller or Buyer from the responsibility to protect their own interests. Buyer and Seller should carefully read all agreements to assure that they adequately express their understanding of the transacƟon. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. Buyer has the duty to exercise reasonable care to protect Buyer, including as to those facts about the Property which are known to Buyer or within Buyer's diligent aƩenƟon and observaƟon. Both Seller and Buyer should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transacƟoncan be complex and subject to change. (d) Further Disclosures. Throughout this transacƟonBuyer and Seller may receive more than one disclosure, depending upon the number of agents assisƟngin the transacƟon. Buyer and Seller should each read its contents each Ɵmeit is presented, considering the relaƟonship between them and the real estate agent in this transacƟon and that disclosure. Buyer and Seller each acknowledge receipt of a disclosure of the possibility of mulƟple representaƟonby the Broker represenƟngthat principal. This disclosure may be part of a lisƟngagreement, buyer representaƟon agreement or separate document. Buyer understands that Broker represenƟng Buyer may also represent other potenƟalbuyers, who may consider, make offers on or ulƟmatelyacquire the Property. Seller understands that Broker represenƟng Seller may also represent other sellers with compeƟng properƟes that may be of interest to this Buyer. Brokers have no responsibility with respect to any default or breach hereof by either Party. The ParƟesagree that no lawsuit or other legal proceeding involving any breach of duty, error or omission relaƟngto this transacƟon may be brought against Broker more than one year aŌer the Date of Agreement and that the liability (including court costs and aƩorneys' fees), of any Broker with respect to any breach of duty, error or omission relaƟngto this Agreement shall not exceed the fee received by such Broker pursuant to this Agreement; provided, however, that the foregoing limitaƟon on each Broker's liability shall not be applicable to any gross negligence or willful misconduct of such Broker.
24.3 ConfidenƟal InformaƟon. Buyer and Seller agree to idenƟfy to Brokers as "ConfidenƟal"any communicaƟonor informaƟongiven Brokers that is considered by such Party to be confidenƟal.
25. ConstrucƟon of Agreement. In construing this Agreement, all headings and Ɵtlesare for the convenience of the ParƟesonly and shall not be considered a part of this Agreement. Whenever required by the context, the singular shall include the plural and vice versa. This Agreement shall not be construed as if prepared by one of the ParƟes, but rather according to its fair meaning as a whole, as if both ParƟeshad prepared it.
26. AddiƟonal Provisions.
AddiƟonalprovisions of this offer,if any, are as follows or are aƩachedhereto by an addendum or addenda consisƟngof paragraphs 26.1 through
26.5 . (If there are no addiƟonalprovisions write "NONE".)
26.1) Option to Extend Contingencies: Buyer shall have a 60-day option to extend contingencies per paragraph 9.1, as long as Buyer has made its best reasonable efforts and ordered and paid for all reports within 30 days of Date of Agreement of LOI, provided a five (5) day written notice to Seller.
26.2) Closing: The "Closing Date" shall occur no sooner than within one-hundred eighty (180) days and no later than 195 days from expiration of Buyer Contingencies upon expiration of all Buyer Contingency Dates, OR, within fifteen (15) days of Seller providing written notice to Buyer, unless otherwise agreed to by both Buyer & Seller.
26.3) Buyer specifically acknowledges, understands, and agrees that, except as otherwise may be expressly provided in this agreement, Seller is selling, and Buyer is purchasing the Property on an “AS-IS, WHERE-IS, WITH ALL FAULTS IN PLACE” basis.
26.4) Buyer shall cooperate with Seller on their 1031 tax deferred exchange at no cost of their own.
26.5) Purchase Price: In the event that the fair market appraisal per Paragraph 3.1 is lower or higher than the Purchase Price, the Purchase Price shall not be adjusted except as mutually agreed to in writing by the parties.
ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY AIR CRE OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS AGREEMENT OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO:
1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS AGREEMENT.
2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PROPERTY. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PROPERTY, THE INTEGRITY AND CONDITION OF ANY STRUCTURES AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PROPERTY FOR BUYER'S INTENDED USE.
WARNING: IF THE PROPERTY IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THIS AGREEMENT MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PROPERTY IS LOCATED.
NOTE:
1. THIS FORM IS NOT FOR USE IN CONNECTION WITH THE SALE OF RESIDENTIAL PROPERTY.
2. IF EITHER PARTY IS A CORPORATION, IT IS RECOMMENDED THAT THIS AGREEMENT BE SIGNED BY TWO CORPORATE OFFICERS.
The undersigned Buyer offers and agrees to buy the Property on the terms and condiƟonsstated and acknowledges receipt of a copy hereof.
BROKER
Ashwill Associates Commercial Real Estate
AƩn: Kyle Williams
Title: Senior Vice President
Address: 326 W. Katella Ave., Suite A, Orange,
CA 92867
Phone: (949) 293-6788
Fax: (714) 456-9009
Email: [email protected]
Federal ID No.:
Broker DRE License #: 01291393
Agent DRE License #: 02015940
Date:
BUYER
City of Garden Grove, and/or assignee
By:
Name Printed: ____________________
Title: __________________________
Phone:
Fax:
Email:
By:
Name Printed: _____________________________
Title: ____________________________________
Phone: ____________________
Fax:
Email:
________ ________
________
INITIALS
© 2019 AIR CRE. All Rights Reserved.
________
INITIALS
Last Edited: 9/2/2022 8:06 AM
OFA-20.20, Revised 10-22-2020 Page 7 of 8Page 610 of 640 2 Address: 11222 Acacia Parkway, Garden Grove,
CA 92842
Federal ID No.:
27. Acceptance.
27.1 Seller accepts the foregoing offerto purchase the Property and hereby agrees to sell the Property to Buyer on the terms and condiƟons therein specified.
27.2 In consideraƟonof real estate brokerage service rendered by Brokers, Seller agrees to pay Brokers a real estate Brokerage Fee in a sum equal to % of the Purchase Price to be divided between the Brokers as follows: Seller's Broker % and Buyer's Broker %. In addition, Buyer, The City of Garden Grove shall pay a brokerage commission of 0.5% of the Purchase Price to Kyle Williams of Ashwill Associates.
This Agreement shall serve as an irrevocable instrucƟonto Escrow Holder to pay such Brokerage Fee to Brokers out of the proceeds accruing to the account of Seller at the Closing.
27.3 Seller acknowledges receipt of a copy hereof and authorizes Brokers to deliver a signed copy to Buyer.
NOTE: A PROPERTY INFORMATION SHEET IS REQUIRED TO BE DELIVERED TO BUYER BY SELLER UNDER THIS AGREEMENT.
Date:
BROKER SELLER
Ashwill Associates Commercial Real Estate WEST ST INVESTMENTS LLC AƩn:
Title:
Kyle Williams
Senior Vice President
By:
Name Printed: Loc Tran
Title: Address: 326 W. Katella Ave., Suite A, Orange, Phone: CA 92867 Fax:
Phone: (949) 293-6788 Email:
Fax: (714) 456-9009
Email: [email protected]
By: Federal ID No.: Name Printed: Broker DRE License #: 01291393 Title: Agent's DRE License #: 02015940 Phone:
Fax:
Email:
Address:
Federal ID No.:
AIR CRE * hƩps://www.aircre.com * 213-687-8777 * [email protected] NOTICE: No part of these works may be reproduced in any form without permission in wriƟng. ________ ________
________
INITIALS
© 2019 AIR CRE. All Rights Reserved.
OFA-20.20, Revised 10-22-2020
________
INITIALS
Last Edited: 9/2/2022 8:06 AM
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP
(As required by the Civil Code)
When you enter into a discussion with a real estate agent regarding a real estate transacƟon, you should from the outset understand what type of agency relaƟonship or representaƟon you wish to have with the agent in the transacƟon.
SELLER'S AGENT
A Seller's agent under a lisƟngagreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmaƟve obligaƟons:
To the Seller: A fiduciaryduty 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 duƟes. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecƟngthe value or desirability of the property that are not known to, or within the diligent aƩenƟon and observaƟon of, the parƟes.
An agent is not obligated to reveal to either party any confidenƟal informaƟonobtained from the other party that does not involve the affirmaƟve duƟesset forth above.
BUYER'S AGENT
A Buyer's agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situaƟons, the agent is not the Seller's agent, even if by agreement the agent may receive compensaƟon for services rendered, either in full or in part from the Seller. An agent acƟngonly for a Buyer has the following affirmaƟve obligaƟons:
To the Buyer: A fiduciaryduty 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 duƟes. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecƟngthe value or desirability of the property that are not known to, or within the diligent aƩenƟonand observaƟonof, the parƟes.
An agent is not obligated to reveal to either party any confidenƟal informaƟonobtained from the other party that does not involve the affirmaƟve duƟesset forth above.
AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acƟngdirectly or through one or more salesperson and broker associates, can legally be the agent of both the Seller and the Buyer in a transacƟon,but only with the knowledge and consent of both the Seller and the Buyer.
In a dual agency situaƟon,the agent has the following affirmaƟve obligaƟonsto both the Seller and the Buyer:
(a) A fiduciaryduty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duƟes to the Seller and the Buyer as stated above in their respecƟve secƟons.
In represenƟng both Seller and Buyer, a dual agent may not, without the express permission of the respecƟveparty, disclose to the other party confidenƟal informaƟon,including, but not limited to, facts relaƟngto either the Buyer's or Seller's financial posiƟon, moƟvaƟons,bargaining posiƟon, or other personal informaƟonthat may impact price, including the Seller's willingness to accept a price less than the lisƟngprice 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 confirmaƟonof which agent is represenƟngyou and whether that agent is represenƟng you exclusively in the transacƟon or acƟngas a dual agent. Please pay aƩenƟon to that confirmaƟonto make sure it accurately reflectsyour understanding of your agent’s role. The above duƟesof the agent in a real estate transacƟondo 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 transacƟon. 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 aƩenƟon and observaƟon. Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transacƟoncan be complex and subject to change.
Throughout your real property transacƟonyou may receive more than one disclosure form, depending upon the number of agents assisƟngin the transacƟon. The law requires each agent with whom you have more than a casual relaƟonshipto present you with this disclosure form. You should read its contents each Ɵme it is presented to you, considering the relaƟonshipbetween you and the real estate agent in your specific transacƟon. This disclosure form includes the provisions of SecƟons2079.13 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 BACK (OR A SEPARATE PAGE).
Buyer Seller Lessor Lessee Date:
Buyer Seller Lessor Lessee Date:
Agent: Ashwill Associates Commercial Real Estate - Kyle Williams DRE Lic. #: 01291393 Real Estate Broker (Firm)
By: DRE Lic. #: 02015940 Date:
(Salesperson or Broker-Associate)
THIS FORM HAS BEEN PREPARED BY AIR CRE. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF THIS FORM FOR ANY SPECIFIC TRANSACTION. PLEASE SEEK LEGAL COUNSEL AS TO THE APPROPRIATENESS OF THIS FORM. ________ ________
________
INITIALS
© 2019 AIR CRE. All Rights Reserved.
AD-3.01, Revised 10-22-2020
________
INITIALS
Last Edited: 9/2/2022 8:06 AM
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP
CIVIL CODESECTIONS 2079.13THROUGH 2079.24(2079.16APPEARS ONTHE FRONT) 2079.13. As used in SecƟons2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
(a) “Agent” means a person acƟng under provisions of Title 9 (commencing with SecƟon 2295) in a real property transacƟon,and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with SecƟon 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a lisƟng is executed or an offerto purchase is obtained. The agent in the real property transacƟon 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 transacƟon, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate funcƟons. (b) “Buyer” means a transferee in a real property transacƟon, 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 transacƟon.“Buyer” includes vendee or lessee of real property. (c) “Commercial real property” means all real property in the state, except (1) single-family residenƟal real property, (2) dwelling units made subject to Chapter 2 (commencing with SecƟon 1940) of Title 5, (3) a mobile home, as defined in SecƟon 798.3, (4) vacant land, or (5) a recreaƟonal vehicle, as defined in SecƟon 799.29. (d) “Dual agent” means an agent acƟng, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transacƟon. (e) “LisƟng agreement” means a wriƩen 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 lisƟng of real property to act as an agent for compensaƟon.(g) “LisƟng price” is the amount expressed in dollars specified in the lisƟng 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 specifiedin an offer to purchase for which the buyer is willing to buy the real property. (i) “Offer to purchase” means a wriƩen contract executed by a buyer acƟng 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 SecƟon 761 in property, and includes (1) single-family residenƟal property, (2) mulƟ-unit residenƟal 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 SecƟon 18007 of the Health and Safety Code, or a mobile home as defined in SecƟon 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in SecƟon10131.6 of the Business and Professions Code. (k) “Real property transacƟon” means a transacƟonfor 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 transacƟon, and includes a lisƟng or an offer to purchase. (l) “Sell,” “sale,” or “sold” refers to a transacƟon for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transacƟons for the creaƟonof a real property sales contract within the meaning of SecƟon 2985, and transacƟons for the creaƟon of a leasehold exceeding one year’s duraƟon. (m) “Seller” means the transferor in a real property transacƟon 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 transacƟon. 2079.14. A seller’s agent and buyer’s agent shall provide the seller and buyer in a real property transacƟon with a copy of the disclosure form specified in SecƟon 2079.16, and shall obtain a signed acknowledgment of receipt from that seller and buyer, except as provided in SecƟon 2079.15, as follows: (a) The seller’s agent, if any, shall provide the disclosure form to the seller prior to entering into the lisƟng agreement. (b) The buyer’s agent shall provide the disclosure form to the buyer as soon as pracƟcableprior to execuƟon of the buyer’s offerto 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 aŌerreceiving 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 SecƟon 2079.14, the agent shall set forth, sign, and date a wriƩen declaraƟonof the facts of the refusal. 2079.16 Reproduced on Page 1 of this AD form.
2079.17(a) As soon as pracƟcable, the buyer’s agent shall disclose to the buyer and seller whether the agent is acƟng in the real property transacƟon as the buyer’s agent, or as a dual agent represenƟng both the buyer and the seller. This relaƟonship shall be confirmed in the contract to purchase and sell real property or in a separate wriƟngexecuted or acknowledged by the seller, the buyer, and the buyer’s agent prior to or coincident with execuƟon of that contract by the buyer and the seller, respecƟvely. (b) As soon as pracƟcable, the seller’s agent shall disclose to the seller whether the seller’s agent is acƟng in the real property transacƟonas the seller’s agent, or as a dual agent represenƟng both the buyer and seller. This relaƟonship shall be confirmed in the contract to purchase and sell real property or in a separate wriƟng executed or acknowledged by the seller and the seller’s agent prior to or coincident with the execuƟon of that contract by the seller. (C) CONFIRMATION: The following agency relaƟonshipsare confirmedfor this transacƟon.
Seller's Brokerage Firm DO NOT COMPLETE, SAMPLE ONLY License Number Is the broker of (check one): the seller; or both the buyer and seller. (dual agent) Seller's Agent DO NOT COMPLETE, SAMPLE ONLY License Number Is (check one): the Seller's Agent. (salesperson or broker associate); or both the Buyer's Agent and the Seller's Agent. (dual agent) Is the broker of (check one): the buyer; or both the buyer and seller. (dual agent) Is (check one): the Buyer's Agent. (salesperson or broker associate); or both the Buyer's Agent and the Seller's Agent. (dual agent) (d) The disclosures and confirmaƟonrequired by this secƟon shall be in addiƟonto the disclosure required by SecƟon 2079.14. An agent’s duty to provide disclosure and confirmaƟon of representaƟon in this secƟon may be performed by a real estate salesperson or broker associate affiliated with that broker. 2079.18 (Repealed pursuant to AB-1289, 2017-18 California LegislaƟvesession) 2079.19 The payment of compensaƟonor the obligaƟonto pay compensaƟon to an agent by the seller or buyer is not necessarily determinaƟveof a parƟcular agency relaƟonshipbetween an agent and the seller or buyer. A lisƟng agent and a selling agent may agree to share any compensaƟonor commission paid, or any right to any compensaƟonor commission for which an obligaƟon arises as the result of a real estate transacƟon, and the terms of any such agreement shall not necessarily be determinaƟveof a parƟcular relaƟonship.
2079.20 Nothing in this arƟcleprevents an agent from selecƟng,as a condiƟonof the agent’s employment, a specific form of agency relaƟonshipnot specifically prohibited by this arƟcle if the requirements of SecƟon 2079.14 and SecƟon2079.17 are complied with.
Buyer's Brokerage Firm DO NOT COMPLETE, SAMPLE ONLY License Number Buyer's Agent DO NOT COMPLETE, SAMPLE ONLY License Number 2079.21 (a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidenƟal informaƟon obtained from the seller. (b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidenƟal informaƟonobtained from the buyer. (c) “ConfidenƟal informaƟon” means facts relaƟngto the client’s financial posiƟon, moƟvaƟons, bargaining posiƟon, or other personal informaƟonthat may impact price, such as the seller is willing to accept a price less than the lisƟngprice or the buyer is willing to pay a price greater than the price offered.(d) This secƟon does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidenƟal informaƟonother than price. 2079.22 Nothing in this arƟcleprecludes a seller’s agent from also being a buyer’s agent. If a seller or buyer in a transacƟonchooses to not be represented by an agent, that does not, of itself, make that agent a dual agent. 2079.23 (a) A contract between the principal and agent may be modifiedor altered to change the agency relaƟonship at any Ɵmebefore the performance of the act which is the object of the agency with the wriƩenconsent of the parƟes to the agency relaƟonship. (b) A lender or an aucƟoncompany retained by a lender to control aspects of a transacƟonof real property subject to this part, including validaƟng the sales price, shall not require, as a condiƟonof receiving the lender’s approval of the transacƟon, the homeowner or lisƟngagent to defend or indemnify the lender or aucƟoncompany from any liability alleged to result from the acƟons of the lender or aucƟoncompany. Any clause, provision, covenant, or agreement purporƟngto impose an obligaƟonto defend or indemnify a lender or an aucƟon company in violaƟonof this subdivision is against public policy, void, and unenforceable. 2079.24 Nothing in this arƟcleshall 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 connecƟonwith acts governed by this arƟcleor for any breach of a fiduciaryduty or a duty of disclosure.
AIR CRE * hƩps://www.aircre.com * 213-687-8777 * [email protected] NOTICE: No part of these works may be reproduced in any form without permission in wriƟng. ________ ________
________
INITIALS
© 2019 AIR CRE. All Rights Reserved.
AD-3.01, Revised 10-22-2020
________
INITIALS
Last Edited: 9/2/2022 8:06 AM
________ ________
________ ________
PREFACE:
PROPERTY INFORMATION SHEET
(For the sale or leasing of non-residenƟal properƟes)
Purpose: This Statement is NOT a warranty as to the actual condiƟonof the Property/Premises. The purpose is, instead, to provide the brokers and the potenƟal buyer/lessee with important informaƟon about the Property/Premises which is currently in the actual knowledge of the Owner and which the Owner is required by law to disclose.
Actual Knowledge: For purposes of this Statement the phrase 'actual knowledge' means: the awareness of a fact, or the awareness of sufficient informaƟon and circumstances so as to cause one to believe that a certain situaƟonor condiƟon probably exists.
TO WHOM IT MAY CONCERN:
WEST ST INVESTMENTS LLC ("Owner"), owns the Property/Premises commonly known as (street address, city, state, zip) 13871 West St. Garden Grove, CA 92843 located in the County of Orange , and generally described as (describe briefly the nature of the Premises or Property) An approximate 11,376 sf industrial building on an approximate 0.43 acre lot (hereinaŌer"Property"), and cerƟfies that:
1. Material Physical Defects. Owner has no actual knowledge of any material physical defects in the Property or any improvements and structures thereon, including, but not limited to the roof, except (if there are no excepƟonswrite "NONE"): .
2. Equipment.
A. Owner has no actual knowledge that the heaƟng, venƟlaƟng, air condiƟoning, plumbing, loading doors, electrical and lighƟngsystems, life safety systems, security systems and mechanical equipment exisƟngon the Property as of the date hereof, if any, are not in good operaƟng order and condiƟon, except (if there are no excepƟons write "NONE"): .
B. Owner has no actual knowledge of any leases, financingagreements, liens or other agreements affecƟng any equipment which is being included with the Property, except (if there are no excepƟons write "NONE"): .
3. Soil CondiƟons. Owner has no actual knowledge that the Property has any slipping, sliding, seƩling, flooding, ponding or any other grading, drainage or soil problems, except (if there are no excepƟons write "NONE"): .
4. UƟliƟes. Owner represents and warrants that the Property is served by the following uƟliƟes(check the appropriate boxes) public sewer system and the cost of installaƟonthereof has been fully paid, private sepƟcsystem, electricity, natural gas, domesƟcwater, telephone, and other:
.
5. Insurance. Owner has no actual knowledge of any insurance claims filed regarding the Property during the preceding 3 years, except (if there are no excepƟons write "NONE"): .
6. Compliance With Laws. Owner has no actual knowledge of any aspect or condiƟon of the Property which violates applicable laws, rules, regulaƟons,codes, or covenants, condiƟons or restricƟons, or of improvements or alteraƟons made to the Property without a permit where one was required, or of any unfulfilled order or direcƟveof any applicable government agency or of any casualty insurance company that any work of invesƟgaƟon, remediaƟon,repair, maintenance or improvement is to be performed on the Property, except (if there are no excepƟonswrite "NONE"): .
7. Hazardous Substances and Mold.
A. Owner has no actual knowledge of the Property ever having been used as a waste dump, of the past or present existence of any above or below ground storage tanks on the Property, or of the current existence on the Property of asbestos, transformers containing PCB's or any hazardous, toxic or infecƟous substance whose nature and/or quanƟty of existence, use, manufacture or effect,render it subject to Federal, state or local regulaƟon, invesƟgaƟon, remediaƟon or removal as potenƟallyinjurious to public health or welfare, except (if there are no excepƟonswrite "NONE"): .
B. Owner represents and warrants that it is not currently, and never has been engaged in the business of hauling waste, and never stored hazardous substances on the Property, except (if there are no excepƟonswrite "NONE"): .
C. Owner has no actual knowledge of the existence on the Property of hazardous levels of any mold or fungi defined as toxic under applicable state or Federal law, except (if there are no excepƟons write "NONE"): .
8. Fire Damage. Owner has no actual knowledge of any structure on the Property having sufferedmaterial firedamage, except (if there are no excepƟonswrite "NONE"): .
9. AcƟons,Suits or Proceedings. Owner has no actual knowledge that any acƟons,suits or proceedings are pending or threatened before any court, arbitraƟon tribunal, governmental department, commission, board, bureau, agency or instrumentality that would affectthe Property or the right or ability of an owner or tenant to convey, occupy or uƟlizethe Property, except (if there are no excepƟonswrite "NONE"): .
Owner has not served any NoƟcesof Default on any of the tenants of the Property which have not been resolved except (if there are no excepƟonswrite "NONE"):
.
10. Governmental Proceedings. Owner has no actual knowledge of any exisƟngor contemplated condemnaƟon,environmental, zoning, redevelopment agency plan or other land use regulaƟonproceedings which could detrimentally affect the value, use and operaƟon of the Property, except (if there are no excepƟonswrite "NONE"): .
11. Unrecorded Title MaƩers. Owner has no actual knowledge of any encumbrances, covenants, condiƟons, restricƟons, easements, licenses, liens, charges or other maƩers which affect the Ɵtleof the Property that are not recorded in the official records of the county recorder where the Property is located, except (if there are no excepƟonswrite "NONE"): .
12. Leases. Owner has no actual knowledge of any leases, subleases or other tenancy agreements affecƟngthe Property, except (if there are no excepƟonswrite "NONE"): .
13. OpƟons. Owner has no actual knowledge of any opƟons to purchase, rights of first refusal, rights of first offer or other similar agreements affecƟng the Property, except (if there are no excepƟonswrite "NONE"): .
14. Short Sale/Foreclosure. The ability of the Owner to complete a sale of the Property is conƟngent is not conƟngent upon obtaining the consent of one or more lenders to conduct a 'short sale', ie. a sale for less that the amount owing on the Property. (This paragraph only needs to be completed if this Property InformaƟonSheet is being completed in connecƟon with the proposed sale of the Property) One or more of any loans secured by the Property is is not in foreclosure.
15. Energy Efficiency. The Property has has not been granted an energy efficiency raƟngor cerƟficaƟonsuch as one from the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) or Seller/Lessor does not know if the Property has been granted such a raƟng or cerƟficate. If such a raƟngor cerƟficaƟonhas been obtained please describe the raƟngor cerƟficaƟonand provide the name of the organizaƟon that granted it: .
INITIALS INITIALS
© 2017 AIR CRE. All Rights Reserved. Last Edited: 9/2/2022 8:06 AM PI-8.03, Revised 10-22-2020 Page 1 of 2Page 614 of 640
16. Other. (It will be presumed that there are no addiƟonalitems which warrant disclosure unless they are set forth herein): .
The statements herein will be relied upon by brokers, buyers, lessees, lenders and others. Therefore, Owner and/or the Owner's Property Manager has reviewed and modified this printed statement as necessary to accurately and completely state all the known material facts concerning the Property. To the extent such modificaƟonsare not made, this statement may be relied upon as printed. This statement, however, shall not relieve a buyer or lessee of responsibility for independent invesƟgaƟon of the Property. Owner agrees to promptly noƟfy, in wriƟng,all appropriate parƟes of any material changes which may occur in the statements contained herein from the date this statement is signed unƟl Ɵtleto the Property is transferred, or the lease is executed. Signatures to this Statement accomplished by means of electronic signature or similar technology shall be legal and binding.
Date: OWNER
(fillin date of execuƟon) WEST ST INVESTMENTS LLC
By:
Name Printed: Loc Tran
Title:
Buyer/lessee hereby acknowledges receipt of a copy of this Property InformaƟon Sheet on . (Fill in date received)
BUYER/LESSEE
City of Garden Grove, and/or assignee
By:
Name Printed:
_________________
Title: _______________________
AIR CRE * hƩps://www.aircre.com * 213-687-8777 * [email protected] NOTICE: No part of these works may be reproduced in any form without permission in wriƟng. ________ ________
________
INITIALS
© 2017 AIR CRE. All Rights Reserved.
PI-8.03, Revised 10-22-2020
________
INITIALS
Last Edited: 9/2/2022 8:06 AM
CITY OF GARDEN GROVE
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GARDEN GROVE APPROVING A PURCHASE AGREEMENT
AND ESCROW INSTRUCTIONS WITH WEST ST
INVESTMENT LLC FOR PROPERTY LOCATED AT 13871
WEST STREET
Whereas, the City has implemented a number of homeless resources since adoption of the City’s 2021 Comprehensive Strategic Plan to Address Homelessness (CSPAH), which serves as a five-year roadmap to identify pathways to connect homeless individuals to resources and programs; and
Whereas, in furthering implementation of the CSAPH, the City has been active in identifying possible sites within the City’s homeless shelter overlay zone to advance development of a future navigation center; and
Whereas, after extensive brokerage engagement, an off-market property located at 13871 West Street and within the City’s homeless shelter overlay zone has been identified; and
Whereas, the owner of the property, West St Investment LLC and the City have negotiated a purchase agreement and escrow instructions for the acquisition of the property by the City; and
Whereas, the establishment of a navigation center in the City’s homeless shelter overlay zone is a ministerial act not subject to discretionary review, and is therefore exempt from review under the California Environmental Quality Act pursuant to Pubic Resources Code 21080(b)(1).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Garden Grove that the Purchase Agreement and Escrow Instructions with West St Investment LLC for property located at 13871 West Street attached hereto is hereby approved and the City Manager is hereby authorized to execute the Agreement and to sign all other documents necessary and appropriate to carry out and implement the Agreement. 1715916.1 Page 632 of 640
Garden Grove City Council
Resolution No.
Approved and adopted this 13th day of September, 2022.
Mayor
ATTEST:
City Clerk
1715916.1 Page 633 of 640
Agenda Item - 5.a.
City of Garden Grove
INTER-DEPARTMEN T MEMORANDU M
To: Scott C. Stiles From: Lisa L. Kim
Dept.:
Subject:
City Manager Dept.:
Second reading of Ordinance Date:
No. 2938
Community and Economic
Development
9/13/2022
Attached is Ordinance No. 2938 recommended for adoption.
ATTACHMENTS:
Description Upload Date Type File Name
Ordinance No. 2938 9/6/2022 Ordinance 2938_GG_Ordianance_PUD- 141-01(A)_1st_reading.pd f
ORDINANCE NO. 2938
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING AN AMENDMENT TO PLANNED UNIT DEVELOPMENT NO. PUD-141-01 TO CREATE A SUB-AREA PLANNED UNIT DEVELOPMENT ZONING, PUD-141-01(A), ESTABLISHING DEVELOPMENT STANDARDS AND PERFORMANCE STANDARDS FOR THE SITE B2
HOTEL PROJECT FOR PROPERTIES LOCATED AT THE NORTHWEST CORNER OF
HARBOR BOULEVARD AND TWINTREE AVENUE, EAST OF TAMERLANE DRIVE, AT 12241, 12261, 12271, 12291, 12311 AND 12323/12321 HARBOR BOULEVARD, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, AND 12321 THACKERY DRIVE, (ASSESSOR PARCEL NUMBERS: 231-471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, AND 24).
City Attorney Summary
This Ordinance approves an amendment to Planned Unit Development No.
PUD-141-01 to create a sub-area PUD zoning, PUD-141-01(A), establishing development standards and performance standards on an approximately
3.7-acre site in the City of Garden Grove commonly known as the Site B2 Hotel Project site, located at the northwest corner of Harbor Boulevard and Twintree Avenue, east of Tamerlane Drive, at 12241, 12261, 12271, 12291, 12311 and 12323/12321 Harbor Boulevard, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, and 12321 Thackery Drive, (Assessor Parcel Numbers: 231-471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24), to facilitate development of a full-service, high-rise hotel resort with hotel program entertainment, pool deck, ballroom/meeting space, and food and beverage (restaurant) opportunities. The proposed project will consist of a 500-room hotel resort with a themed pool experience with a lazy river and a pool slide; event space with a 600-seat theater; 17,715 square feet of ballroom/meeting space; 22,296 square feet of hotel restaurant; 5,480 square feet of retail; themed amenities totaling 13,238 square feet; a 7,000 square-foot arcade; a spa and fitness center at 8,532 square feet; a five-level parking structure with 528 parking spaces; and related site improvements.
THE CITY COUNCIL OF THE CITY OF GARDEN GROVE HEREBY FINDS AND DETERMINES AS FOLLOWS:
WHEREAS, the City has received a request to amend Planned Unit Development No. PUD-141-01 to expand it to cover the six (6) parcels not currently encompassed within it and to create a new sub-area Planned Unit Development zoning, PUD-141-01(A), establishing development standards and performance standards on an approximately 3.72-area vacant site, in an urbanized area in the City of Garden Grove, located at the northwest corner of Harbor Boulevard and Twintree Avenue, east of Tamerlane Drive, at 12241, 12261, 12271, 12291, 12311 and 12323/12321 Harbor Boulevard, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251,
Garden Grove City Council
Ordinance No. 2938
12261, 12281, 12291, 12311, and 12321 Thackery Drive, (Assessor Parcel Numbers:
231-471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24), in order to facilitate development of the Site B2 Project site with a full-service, high-rise hotel resort with hotel program entertainment, pool deck, ballroom/meeting space, and food and beverage (restaurant) opportunities. The proposed project will consist of a 500-room hotel resort with a themed pool experience with a lazy river and a pool slide; event space with a 600-seat theater; 17,715 square feet of ballroom/meeting space; 22,296 square feet of hotel restaurant; 5,480 square feet of retail; themed amenities totaling 13,238 square feet; a 7,000 square-foot arcade; a spa and fitness center at 8,532 square feet; a five-level parking structure with 528 parking spaces; and related site improvements; and
WHEREAS, in 2008, the City changed the General Plan land use designation of the nineteen (19) parcels comprising the Project site to International West Mixed Use; and
WHEREAS, PUD-141-01, which was adopted in 2002, currently encompasses the property that is currently developed with the Sheraton Hotel and thirteen (13) of the nineteen (19) parcels that comprise the proposed Site B2 Hotel Project site and allows for development of a different hotel project on these thirteen (13) parcels in accordance with that certain Development Agreement between the City of Garden Grove and Palm Court Lodging, LLC, dated February 26, 2002, and recorded in the Official Records of the County of Orange on March 21, 2002, as document number 20020231935; and
WHEREAS, the six (6) additional parcels on Thackery Drive comprising the Project site were previously acquired by the former Garden Grove Redevelopment Agency and the City of Garden Grove to facilitate the development of the proposed Project, and all of the structures on these parcels were demolished on or before 2013; and
WHEREAS, these six (6) vacant parcels are still technically designated as zoned R-1; however, this zoning is inconsistent with the International West Mixed Use Land Use Designation applied to the parcels in 2008, and new single-family residential uses could not legally be established on these parcels; and
WHEREAS, following a public hearing held on July 7, 2022, the Planning Commission adopted Resolution No. 6044-22 recommending that the City Council adopt a Mitigated Negative Declaration for the Site B2 Hotel Project and approve Planned Unit Development No. PUD-141-01(A); and
Garden Grove City Council
Ordinance No. 2938
WHEREAS, pursuant to a legal notice, a Public Hearing was held by the City Council on August 23, 2022, and all interested persons were given an opportunity to be heard; and
WHEREAS, the City Council gave due and careful consideration to the matter; and
WHEREAS, on August 23, 2022, the City Council adopted Resolution No. 9767- 22, denying the appeal of the Planning Commission’s July 7, 2022 recommendations filed by UNITE HERE Local 11 and Marlene Perez; and
WHEREAS, on August 23, 2022, the City Council adopted Resolution No. 9768- 22, adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Site B2 Hotel Project; and
WHEREAS, the City Council finds that the establishment of sub-area Planned Unit Development, PUD-141-01(A), over the entire subject property is consistent with the objectives, policies, general land uses, and programs specified in the General Plan, which collectively promote the development of hotels, resorts, entertainment, and restaurants within the International West Mixed Use area; and WHEREAS, the City Council hereby incorporates by reference the findings and reasons set forth in Planning Commission Resolution No. 6044-22 and makes the following findings regarding Planned Unit Development No. PUD-141-01(A):
A. The location of the building, architectural design, and uses proposed pursuant to the PUD amendment are compatible with the character of existing development in the vicinity and will be well integrated into its setting.
B. The amended plan will produce a stable and desirable environment and will not cause undue traffic congestion on surrounding streets.
C. Provision is made for both public and private open spaces.
D. Provision is made for the protection and maintenance of private areas reserved for common use.
E. The quality of the Project achieved through the proposed amendment to the existing planned unit development zoning is greater than could be achieved through traditional zoning.
F. The amendment to the PUD is internally consistent with the goals, objectives, and elements of the General Plan.
Garden Grove City Council
Ordinance No. 2938
G. The amendment to the PUD will promote the public interest, health, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS:
Section 1. Recitals. The City Council finds that the above recitals are true and correct.
Section 2. Environmental Review . City Council Resolution No. 9768- 22 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project is incorporated herein by reference with the same force and effect as if set forth in full herein.
Section 3. Findings Incorporated by Reference. The findings, facts and reasons stated in Planning Commission Resolution No. 6044- 22 recommending approval of Planned Unit Development No. PUD-141-01(A), a copy of which is on file in the office of the City Clerk, is incorporated herein by reference with the same force and effect as if set forth in full herein.
Section 4. Approval. Planned Unit Development No. PUD-141-01(A) is hereby approved, subject to the provisions and development standards set forth in Planning Commission Resolution No. 6044- 22 and the mitigation measures, development standards and performance standards attached thereto.
Section 5. Modification. In the event the proposed Site B2 Hotel Project is not developed for any reason, the property owner(s) shall continue to have the right to develop that portion of the site subject to that certain Development Agreement between the City of Garden Grove and Palm Court Lodging, LLC, dated February 26, 2002, and recorded in the Official Records of the County of Orange on March 21, 2002, as document number 20020231935, in accordance with Planned Unit Development No.
PUD-141-01 and the vested rights conferred by said Development Agreement. In addition, those residential uses, if any, that were permitted on the parcels comprising the Project site under the General Plan Land Use designation(s) or zoning ordinances of the City as in effect on January 1, 2018, shall remain permitted uses, subject to the applicable development standards and review and approval in accordance with the Garden Grove Municipal Code and State law.
Section 6. Zoning. The property shown on the map attached hereto is hereby zoned to Planned Unit Development No. PUD-141-01(A) as shown thereon. Zone Map part R-10 is amended accordingly.
_______________________________
Garden Grove City Council
Ordinance No. 2938
Section 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, word or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each other section, subsection, subdivision, sentence, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.
Section 8. Effective Date. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption.
The foregoing Ordinance was passed by the City Council of the City of Garden Grove on the ___ day of ______.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I, TERESA POMEROY, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for first reading and passed to second reading on August 23, 2022, with a vote as follows:
AYES: COUNCIL MEMBERS: (6) BRIETIGAM, BUI, KLOPFENSTEIN NGUYEN K., NGUYEN D., JONES
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (1) O’NEILL
Garden Grove City Council
Ordinance No. 2938