RESOLUTION EXHIBIT B - SAMPLE NOTICE
STAFF REPORT
City of Lancaster
5/24/22
JC
Date: March 24, 2022
To: Mayor Parris and City Council Members
From: Allison E. Burns, City Attorney
Sonya Patterson, Director, Parks, Arts, Recreation & Community Services Subject:An Ordinance of the City Council of the City of Lancaster, California, Repealing and Replacing Chapter 8.32 of the Lancaster Municipal Code to Regulate Smoking and Tobacco Product Use
Recommendation:
A. That the City Council introduce Ordinance _____, repealing and replacing Chapter 8.32 of the Lancaster Municipal Code to regulate smoking and tobacco use.
B. Allocate $7,000 from the general fund to account 101 4631 404 to cover costs associated with replacing park ordinance signs.
Fiscal Impact:
$7,000 for the fabrication and installation of new park and facilities rules and regulations signage.
Background:
Citizens have recently brought to the Council’s attention concern regarding the impacts of smoke, smoking and discarding of smoking-related trash in and around the City, particularly in the City’s parks. Tobacco use causes death and disease and continues to be an urgent public health threat. In California, tobacco use is the number one cause of preventable death and the California Air Resources Board has identified environmental tobacco smoke, or secondhand smoke, as a Toxic Air Contaminant, which may cause or contribute to death or serious illness, including increased risks of cancer, and is especially hazardous to children and people with asthma and other respiratory problems.
In order to protect the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking and tobacco use around non-tobacco users, especially children, by protecting the public from exposure to secondhand smoke where they live, work, and play, and by affirming and promoting a healthy environment in the City of Lancaster, a revised smoking ordinance is proposed to replace the existing smoking ordinance.
Key provisions of the smoking ordinance include:
Prohibition of smoking or vaping in enclosed areas of Places of Employment and Public Places. Places of Employment include any area under the legal or de facto control of a business or nonprofit entity that an employee or the general public may have cause to enter in the normal course operations. Public Places include any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement. 10% of guest room accommodations in hotels and motels are exempted from this prohibition. Freestanding tobacco shops are also exempted from this prohibition.
Prohibition of smoking or vaping in unenclosed areas of Recreational Areas, Service Areas, Places of Employment and other Public Places during public events such as farmers markets, parades, craft fairs, and festivals. Recreational Areas include parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller- and ice-skating rinks, skateboard parks, and amusement parks. Service Areas include areas including or adjacent to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines, or cab stands.
Prohibition of smoking or vaping within 25 feet of (i) unenclosed areas where smoking is prohibited; and (ii) any doorway, window, opening or vent into an area in which smoking is prohibited, except when the person smoking is actively passing on the way to another destination.
The prohibitions of the smoking ordinance may be enforced by administrative citation pursuant to LMC Chapter 1.16 or as a public nuisance pursuant to LMC Chapter 8.28.
The adoption of the ordinance will require the fabrication and installation of 65 new rules and regulations signs at parks and city-maintained facilities. The current signage does not include language to prohibit smoking and tobacco use. To provide for proper notification to the public and enforcement of the ordinance, the signs need to be updated to reflect the adopted ordinance.
The signage will be located throughout parks, including parking lot entrances, pedestrian access points, and adjacent to playgrounds and buildings. Portable a-frame signage will be purchase for use at City events. Furthermore, funds will be utilized for signage at service areas maintained by the City, such as the AVTA transfer station at Owen Memorial Park and Metrolink Link station.
Attachment: Smoking and Tobacco Use Ordinance
System.Object[]
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, REPEALING AND REPLACING
CHAPTER 8.32 OF THE LANCASTER MUNICIPAL CODE TO
REGULATE SMOKING AND TOBACCO PRODUCT USE
WHEREAS, tobacco use causes death and disease and continues to be an urgent public health threat. In California, tobacco use is the number one cause of preventable death and the California Air Resources Board has identified environmental tobacco smoke, or secondhand smoke, as a Toxic Air Contaminant, which may cause or contribute to death or serious illness, including increased risks of cancer, and is especially hazardous to children and people with asthma and other respiratory problems.
WHEREAS, according to the United States Environmental Protection Agency, any level of exposure to secondhand smoke is harmful.
WHEREAS, it is the intent of the City Council of the City of Lancaster, in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking and tobacco use around non-tobacco users, especially children; by protecting the public from exposure to secondhand smoke where they live, work, and play; and by affirming and promoting a healthy environment in the City of Lancaster.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The foregoing recitals and findings are incorporated herein and constitute a substantive part of this Ordinance.
Section 2. Chapter 8.32 of the Lancaster Municipal Code is hereby repealed and replaced to read as set forth in Exhibit “A” attached hereto and incorporated herein by reference.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason 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 of the City of Lancaster hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after adoption.
I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the __ day of ___________, 2020, and placed upon its second reading and adopted at a regular meeting of the City Council on the _____ day of __________, 2020 by the vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF ORDINANCE
CITY COUNCIL
I, __________________________, ____________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance No. , for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.
____________________________________
(seal)
EXHIBIT “A”
ORDINANCE NO. _______
CHAPTER 8.32
REGULATING SMOKING AND TOBACCO PRODUCT USE
Sections:
8.32.010 Purpose and Intent.
8.32.020 Definitions.
8.32.030 Prohibition of Smoking and Tobacco Product Use in Enclosed Areas
8.32.040 Prohibition of Smoking and Tobacco Product Use in Unenclosed Areas.
8.32.050 Reasonable Smoking Distance Required.
8.32.060 Other Requirements and Prohibitions.
8.32.070 Penalties and Enforcement.
8.32.080 Regulations.
8.32.010 Purpose and Intent.
It is the intent of the City Council of the City of Lancaster, in enacting this chapter, to provide for the public’s health, safety, and welfare by discouraging the inherently dangerous activity of tobacco use around non-consenting individuals, protecting children from exposure to smoking where they live and play and protecting the public from nonconsensual exposure to secondhand smoke in and around their homes.
8.32.020 Definitions.
The following words and phrases, wherever used in this chapter, shall be construed as set forth below, unless it is apparent from the context they have a different meaning:
“Business” means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes. A Business also includes owner- operated entities with no Employees in which the owner is the only worker. A Business also includes a municipal corporation or public entity.
“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtain from cannabis. For the purpose of this chapter, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.
“Employee” means any Person who is employed or retained as an independent contractor by any Employer in consideration for direct or indirect monetary wages or profit, or any Person who volunteers his or her services for an Employer.
“Employer” means any Business or Nonprofit Entity that retains the service of one or more Employees.
“Enclosed Area” means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has any type of overhead cover, whether or not that cover includes vents or other openings, and at least three (3) walls or other vertical constraint to airflow, including, but not limited to, vegetation of any height, whether or not those boundaries include vents or other openings. Enclosed Area shall also mean buses, taxicabs, and other means of public transit.
“Nonprofit Entity” means any entity that meets the requirements of California Corporations Code section 5003 as well as any corporation, unincorporated association, or other entity created for charitable, religious, philanthropic, educational, political, social, or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A government agency is not a Nonprofit Entity within the meaning of this chapter.
“Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity, including government agencies.
“Place of Employment” means any area under the legal or de facto control of an Employer that an Employee or the general public may have cause to enter in the normal course of the operations, regardless of the hours of operation. “Public Place” means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement. “Reasonable Distance” means a distance of twenty-five (25) feet in any direction from an area in which Smoking is prohibited.
“Recreational Area” means any area that is publicly or privately owned and open to the general public for recreational purposes, regardless of any fee or age requirement. The term “Recreational Area” includes, but is not limited to, parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller- and ice-skating rinks, skateboard parks, and amusement parks. “Service Area” means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more Persons to receive a service, wait to receive a service, or to make a transaction, whether or not such service or transaction includes the exchange of money. The term “Service Area” includes, but is not limited to, areas including or adjacent to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines, or cab stands. “Smoke” means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term “Smoke” includes, but is not limited to, tobacco smoke, vapors from an electronic device, and Cannabis smoke.
“Smoking” means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic device, or plant product, using any other method or device that delivers nicotine or other substances to a person. “Tobacco Paraphernalia” means cigarette papers or wrappers, pipes, electronic smoking devices, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. “Tobacco Product” means
(1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and
(2) any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah.
Notwithstanding any provision of subsections (1) and (2) to the contrary, “Tobacco Product” includes any component, part, or accessory intended or reasonably expected to be used with a Tobacco Product, whether or not sold separately. “Tobacco Product” does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. “Unenclosed Area” means any area that is not an Enclosed Area.
8.32.030 Prohibition of Smoking and Tobacco Product Use in Enclosed Areas A. Smoking and the use of Tobacco Products is prohibited in the Enclosed Areas of the following places within the City:
(1) Places of Employment; and
(2) Public Places.
B. Smoking and the use of Tobacco Products is prohibited by this chapter in all Enclosed Areas exempted by the California smokefree workplace law (Labor Code section 6404.5(e), as that section may be amended from time to time) except as provided below:
(1) Smoking is not restricted by this subsection in up to ten percent (10%) of guest room accommodations in a hotel, motel, or similar transient lodging establishment that meets the requirements of California Civil Code section 1940(b)(2) if the hotel or motel permanently designates particular guest rooms as nonsmoking rooms such that ninety percent (90%) or more of guest rooms are permanently nonsmoking, and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent “No Smoking” signage shall be placed in nonsmoking guest rooms.
(2) Smoking inside a Tobacco Shop is not prohibited by this subsection if: (a) the Tobacco Shop does not sell edible products, including, for example, food, water, or drinks, or allow such products to be consumed on the premises; (b) the Tobacco Shop prohibits minors from entering the store at all times; and (c) the premises of the Tobacco Shop is an independent freestanding building unattached to any other building, establishment, or use. For the purposes of this exception, “Tobacco Shop” means any tobacco retailer that derives more than seventy-five percent (75%) of gross sales receipts from the sale or exchange of Tobacco Products and tobacco paraphernalia.
(3) Smoking in a theatrical production by the actors is not prohibited by this subsection if Smoking is an integral part of the story, and the use of a fake, prop, or special effect cannot reasonably convey the idea of Smoking in an effective way to a reasonable member of the anticipated audience.
8.32.040 Prohibition of Smoking and Tobacco Product Use in Unenclosed Areas.
A. Smoking and the use of Tobacco Products is prohibited in the Unenclosed Areas of the following places within the City:
(1) Recreational Areas;
(2) Service Areas;
(3) Places of Employment; and
(4) Other Public Places, when being used for a public event including, but not limited to, a farmer’s market, parade, craft fair, festival, or any other event open to the general public, provided that Smoking is permitted on streets and sidewalks used only as pedestrian or vehicular thoroughfares, unless otherwise prohibited by this chapter or other law.
B. Nothing in this chapter prohibits any Person, Employer, or Nonprofit Entity with legal control over any property from prohibiting Smoking and Tobacco Product use on any part of such property, even if Smoking or the use of Tobacco Products is not otherwise prohibited in that area.
8.32.050 Reasonable Smoking Distance Required.
A. Smoking in all Unenclosed Areas shall be prohibited within a Reasonable Distance from any doorway, window, opening, crack, or vent into an Enclosed Area in which Smoking is prohibited, except while the Person Smoking is actively passing on the way to another destination.
B. Smoking in Unenclosed Areas shall be prohibited within a Reasonable Distance from any Unenclosed Areas in which Smoking is prohibited under section 8.32.040 of this chapter, except while the Person Smoking is actively passing on the way to another destination.
C. The prohibitions in subdivisions (a) and (b) shall not apply to Unenclosed Areas of private residential properties, except when used as a child care or health care facilities.
8.32.060 Other Requirements and Prohibitions.
A. No Person, Employer, or Nonprofit Entity shall knowingly permit Smoking or the use of Tobacco Products in an area which is under the legal or de facto control of that Person, Employer, or Nonprofit Entity and in which Smoking or the use of Tobacco Products is prohibited by law.
B. No Person, Employer, or Nonprofit Entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as ashtrays or ash cans, within an area under the legal or de facto control of that Person, Employer, or Nonprofit Entity and in which Smoking or the use of Tobacco Product is prohibited by law, including, without limitation, within a Reasonable Distance required by this chapter from any area in which Smoking or the use of Tobacco Products is prohibited. Notwithstanding the foregoing, the presence of ash receptacles in violation of this subsection shall not be a defense to a charge of Smoking or the use of Tobacco Products in violation of any provision of this chapter.
C. No Person shall dispose of used Smoking or Tobacco Product waste within the boundaries of an area in which Smoking or Tobacco Product use is prohibited, including within any Reasonable Distance required by this chapter.
D. No Person, Employer, or Nonprofit Entity shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another Person who seeks to attain compliance with this chapter.
E. Each instance of Smoking or Tobacco Product use in violation of this chapter shall constitute a separate violation. For violations other than for Smoking, each day of a continuing violation of this chapter shall constitute a separate violation.
F. Pursuant to California state law, Health and Safety Code sections 11362.3 and 11362.79, Cannabis Smoking is prohibited wherever Smoking is prohibited.
G. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
8.32.070 Penalties and Enforcement.
A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
B. Each incident of Smoking or use of Tobacco Products in violation of this chapter shall constitute a public nuisance under Chapter 8.28 of the Lancaster Municipal Code and shall be punishable pursuant thereto or by assessment of civil penalties pursuant to Chapter 1.16.
C. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter, which violation shall constitute a public nuisance under Chapter 8.28 of the Lancaster Municipal Code and shall be punishable pursuant thereto or by assessment of civil penalties pursuant to Chapter 1.16.
D. Except as otherwise provided, enforcement of this chapter is at the sole discretion of the City. Nothing in this chapter shall create a right of action in any Person against the City or its agents to compel public enforcement of this chapter against private parties.
8.32.080 Regulations.
The city manager is authorized to promulgate such regulations as may be necessary or convenient to implement this chapter.
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6 Date: May 24, 2022
STAFF REPORT
City of Lancaster
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director – Development Services Chenin Dow, Senior Manager – Real Estate & Economic Development Christopher Aune, Housing Manager – Real Estate & Economic Development Subject:Residential Purchase Agreement and Joint Escrow Instructions for the sale of 45534 5th Street East to Cesar Elias and Santiago Elias Recommendation:
1. Adopt Resolution No. 22- 19, approving a Residential Purchase Agreement and Joint Escrow Instructions for the sale of 45534 5th Street East, accepting the Health and Safety Code Section 33433 Report, and making certain findings pursuant to Health and Safety Code 33433.
2. Authorize the City Manager or his designee to execute all related documents.
Fiscal Impact:
Approval of the agreement would provide for revenue ($376,483.00±) to the Low Moderate- Income Housing Asset Fund (LMIHAF) account number 306-3606-100. The amount of revenue would be the effective purchase price of $410,000.00, minus commissions, report costs, and other smaller costs that are deducted from the purchase price at the close of escrow.
Background:
On August 14, 2007, the Agency Board approved the implementation of the Neighborhood Foreclosure Preservation Home Ownership Program (the “Program”) citywide. The goal of the Program was to reclaim vacant, abandoned properties for affordable housing, strengthen blocks and neighborhoods by eliminating the blighting effects of vacant properties, and enforce the city codes and city building code requirements. The Program was designed to preserve sustainable homeownership for Lancaster residents by reclaiming foreclosed homes as neighborhood assets.
In 2007, the Former Redevelopment Agency purchased 45534 5th Street East and rehabilitated the house under the Foreclosure Program to help offset the impact resulting from foreclosures on the local real estate and housing market.
On July 28, 2009, the City Council and Agency Board Members approved a disposition strategy for properties acquired by the Lancaster Redevelopment Agency Under the Piute Mater Vision Plan. The property located at 45534 5th Street East is included in that disposition strategy.
JPH 1
5/24/22
JC
9 1
6 In 2010, the City of Lancaster created its second community Wellness Home located at 45534 5th Street East. The new Piute Wellness Home was designed to provide neighborhood residents access to pertinent wellness information, as well as a variety of health-related services.
Meanwhile, on January 24, 2012, the Lancaster City Council, adopted Resolution 12-08 assigning the housing functions of the former Lancaster Redevelopment Agency to the Lancaster Housing Authority.
Eventually, due to changing needs, the services for the Wellness Home located at 45534 5th Street East were consolidated at other locations. The home has remained vacant for the past several years.
Earlier this year, staff began receiving ongoing reports regarding vandalism to the house. The staff recommended it would be in the best interest of the neighbors and the City to sell the home and have it occupied immediately.
In May 2021, the City advertised a Request for Qualifications for real estate brokerage services. On July 27, 2021, the City Council selected (4) brokerages to place on a pre-qualified list. Coldwell Banker Commercial A Hartwig Company was on the pre-qualified list and Dennis Greer was selected to represent the City in the sale of 45534 5th Street East. Mr. Greer proceeded to market the property and received offers for its purchase.
The City had originally received two offers and one applicant has stopped responding. The remaining offer came from Cesar Elias and Santiago Elias (“Buyers”).
Analysis:
The purchase information for this offer is as follows:
Listing Price $390,000
Offer Price $410,000
Credit Request $10,000
Effective Purchase Price $400,000
Difference from Listing Price $10,000
Loan Type FHA
Down Payment 3.5%
Escrow Period 35
Occupancy Type Owner-Occupied
Closing Costs $28,557.50
Estimated Net at Close $376,483.00
The Buyer has provided in the purchase agreement that this house will be their primary residence, making the home owner-occupied.
Environmental Review:
Approval of the purchase agreement is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project pursuant to Section 15378 of the CEQA Guidelines. The agreement proposes the sale and transfer of the home and does not disturb or impact the physical environment. 9 1
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Attachments:
Resolution No. 22-19
Exhibit A: Health and Safety Code 33433 Report
Exhibit B: Residential Purchase Agreement and Joint Escrow Instructions 2 4
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RESOLUTION NO. 22-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER APPROVING THE RESIDENTIAL PURCHASE
AGREEMENT AND JOINT ESCROW INSTRUCTIONS FOR
THE SALE OF 45534 5 TH STREET EAST TO CESAR ELIAS
AND SANTIAGO ELIAS
WHEREAS, California Health and Safety Code Sections 33334.2 and 33334.6 formerly authorized and directed the Lancaster Redevelopment Agency (“Redevelopment Agency”) to expend a certain percentage of all taxes which are allocated to the Redevelopment Agency pursuant to Section 33670 of the California Health and Safety Code for the purposes of increasing, improving and preserving the community’s supply of low- and moderate-income housing available at affordable housing cost to persons and families of low- and moderate-income, lower-income, and very low-income; and
WHEREAS, pursuant to applicable law, the Redevelopment Agency established a Low- and Moderate-Income Housing Fund (“Housing Fund”) and acquired a certain property with the purpose of using such property for the provision of affordable housing development opportunities; and WHEREAS, by ABx1 26 enacted by the California Legislature during 2011 (“2011 Dissolution Act”), the California Legislature disbanded all redevelopment agencies within the State of California effective as of February 1, 2012, including without limitation the Redevelopment Agency; and
WHEREAS, the 2011 Dissolution Act provides, in part, that the host city of a redevelopment agency was to designate a housing entity to receive the housing assets of the former redevelopment agency within such city; and
WHEREAS, the City Council of the City of Lancaster (“City”) designated the Lancaster Housing Authority (“Authority”) as the housing entity to receive the housing assets of the former Redevelopment Agency; and
WHEREAS, the City Council desires to enter into California Residential Purchase Agreement and Joint Escrow Instructions (the “Agreement”) in order to implement Health & Safety Code Sections 34200-34380 by providing for the sale of property located at 45534 5 th Street East, and which development of the Property is consistent with previous uses of the Property as well as existing uses of other real property in the surrounding neighborhood; and WHEREAS, the Agreement does not include affordable housing restrictions, the Project does not require voter approval under Article XXXIV of the State Constitution; and WHEREAS, the site’s status as a former Redevelopment property enables the City to follow redevelopment law’s disposition requirements for market-rate returns and exempts the City from the Surplus Land Act (AB 2135 & AB 1486); and
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WHEREAS, the price to be received by the City Council under the Agreement is not less than the fair reuse value of the Site; and
WHEREAS, the City Council is authorized to dispose of interests in Site in the manner prescribed by the California Housing Authorities Law (Division 24, Part 2 of the California Health and Safety Code); and
WHEREAS, a joint public hearing of the Authority and City Council on the proposed Agreement was duly noticed; and
WHEREAS, the proposed Agreement, and a summary report substantially in the form described by Health and Safety Code Section 33433 (“Summary Report”), were available for public inspection prior to the joint public hearing; and
WHEREAS, on May 24, 2022, the governing board of the Authority and the City Council held a public hearing on the proposed Agreement, at which time the City Council and the Authority reviewed and evaluated all of the information, testimony, and evidence presented during the joint public hearing; and
WHEREAS, all actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner; and WHEREAS, the City Council has reviewed the Summary Report and has evaluated other information provided to it pertaining to the findings proposed to be made hereunder; and WHEREAS, the City Council has previously determined, in its adoption of the ordinance approving the Redevelopment Project, that the Site is a portion of a blighted area, and is underutilized, as further set forth in the Implementation Plan as previously adopted and amended by the former Redevelopment Agency; and
WHEREAS, the Agreement does not create any new or additional environmental impacts or any environmental requirements applicable to the proposed use of the Property pursuant to the City’s Zoning Ordinance. The Agreement to dispose of the Property and the intended use of the real property is similar in nature to the previous uses of the Property. The use is permitted and is consistent with the General Plan land use designation. The proposed project is not expected to produce any significant impacts on the environment; and WHEREAS, the Authority and the City Council have duly considered all of the terms and conditions of the proposed Agreement and believe that the redevelopment of the Site pursuant to the Agreement is in the best interests of the City of Lancaster and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, AS FOLLOWS:
Section 1. The City Council finds and determines that the statements set forth in the Recitals above are true, correct, and a substantive part of this Resolution.
Section 2. The City Council hereby determines that voter approval is not required by Article XXXIV of the State Constitution for the reasons set forth above. This Resolution is hereby deemed to constitute final approval of a proposal that may result in housing assistance benefiting persons of low income, within the meaning of Health and Safety Code Section 36005.
Section 3. The City Council finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the City Council’s disposition of the Site pursuant to the terms and conditions of the Agreement is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the Agreement.
Section 4. The City Council hereby finds and determines that the Agreement is consistent with the provisions and goals of the Implementation Plan as previously adopted by the Redevelopment Agency.
Section 5. The City Council hereby approves the Agreement in substantially the form presented to the City Council, subject to such revisions as may be made by the City Manager or his designee. The City Manager is hereby authorized to execute the Agreement (including without limitation all attachments thereto) on behalf of the City. A copy of the Agreement when executed by the City shall be placed on file in the office of the City Clerk of the City.
Section 6. The City Manager (or his designee) is hereby authorized, on behalf of the City, to make revisions to the Agreement which do not materially or substantially increase the City’s obligations thereunder or materially or substantially change the uses or development permitted on the Site, to sign all documents, to make all approvals and take all actions necessary or appropriate to carry out and implement the Agreement and to administer the City’s obligations, responsibilities, and duties to be performed under the Agreement and related documents.
Section 7. Approval of the Agreement is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project pursuant to Section 15378 of the CEQA Guidelines. The Agreement proposes the sale and transfer of the home and does not disturb or impact the physical environment. City staff has, therefore, determined that this project is not subject to additional environmental review.
Section 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this Resolution are declared to be severable. 2 4
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Section 9. Effective Date. This Resolution shall become effective immediately. 2 4
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Resolution No. 22-
PASSED, APPROVED, and ADOPTED this 24th day of May 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
ANDREA ALEXANDER, ER
City Clerk
City of Lancaster
R. REX PARRIS
Mayor
City of Lancaster
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF LANCASTER
)
) ss
)
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, , City of Lancaster, California,
do hereby certify that this is a true and correct copy of the original Resolution No. 22- 19, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this 24th day of May, 2022,
(seal)
INFORMATION SUMMARY (33433 REPORT)
FOR THE
SALE OF REAL PROPERTY
WITH PROPOSED HOMEBUYERS
This summary is prepared pursuant to Section 33433 of the California Health and Safety Code.
1. Background:
On August 14, 2007, the Agency Board approved the implementation of the Neighborhood Foreclosure Preservation Home Ownership Program (the “Program”) citywide. The goal of the Program was to reclaim vacant, abandoned properties for affordable housing, strengthen blocks and neighborhoods by eliminating the blighting effects of vacant properties, and enforce the city codes and city building code requirements. The Program was designed to preserve sustainable homeownership for Lancaster residents by reclaiming foreclosed homes as neighborhood assets.
In 2007, the Former Redevelopment Agency purchased 45534 5th Street East and rehabilitated the house under the Foreclosure Program to help offset the impact resulting from foreclosures on the local real estate and housing market.
On July 28, 2009, the City Council and Agency Board Members approved a disposition strategy for properties acquired by the Lancaster Redevelopment Agency Under the Piute Mater Vision Plan. The property located at 45534 5 th Street East is included in that disposition strategy.
In 2010, the City of Lancaster created its second community Wellness Home located at 45534 5th Street East. The new Piute Wellness Home was designed to provide neighborhood residents access to pertinent wellness information, as well as a variety of health-related services.
Eventually, due to changing needs, the services for the Wellness Home located at 45534 5th Street East were consolidated at other locations. The home has remained vacant for the past several years.
Earlier this year, staff began receiving ongoing reports regarding vandalism to the house.
The staff recommended it would be in the best interest of the neighbors and the City to sell the home and have it occupied immediately.
2. Cost of the Project to the former Agency/Authority:
The total acquisition price was $202,500.
Improvement costs to the project home included substantial rehabilitation including drought- tolerant landscaping, energy-efficient dual paned windows, and energy-efficient appliances.
Property rehabilitation costs were approximately $108,773 The total cost to the former Agency and the Authority is approximately $311,273.
3. Estimated value of interest to be conveyed at the highest and best use permitted by the Redevelopment Plan:
The estimated value of the interest to be conveyed is $390,000, which is based on an independent appraisal.
4. The estimated value of interest to be conveyed at the use and with the conditions, covenants, and restrictions required by the transfer of the property:
The property will be sold at a market rate without affordability covenants. Proceeds will be deposited in the LMIHAF account. and provide leverage for future permanent affordable housing projects.
5. The acquisition price which the homebuyer will be required to pay for the Real Property Transfer Agreement:
The homebuyer will receive title to the property subject to the terms and conditions as outlined within the Sale Agreement. The disposition price of this property is approximately $390,000 .
6. Explanation as to the reason why the sale of the Site will assist in the elimination of blight:
The Foreclosure Rehabilitation Program preserved housing and removed blight in the City's mature neighborhoods through substantial rehabilitation. Without encouraging homeownership, the value attributed to the land as a resource would otherwise experience conditions of physical deterioration and blight due to poor use of the property, squatting, and illegal dumping.
Authentisign D4AB8.c80B57Ft7Dst
C.\LIFORNIA
.\SSOCIATION
OF REALTORSO
FHAruA Amendatory Glause
(C.A.R. Form FVAC, Revised 12121)
This is an addendum to the Purchase Agreement, OR ! Otner dated 04/25/2022 , on property known as
("Agreement"),
45534 E 5th Street, Lancaster, CA 93535
Cesar Elias. Santiaao Elias
("Property"),
("Buyef'),
("Selle/').
between
and Owner of Record
Buyer and Seller are referred to as the "Parties"
1. "lt is expressly agreed that notwithstanding any other provisions of this contract, the purchaser shall not be obligated to complete the purchase of the property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless the purchaser has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement lender setting forth the appraised value of the property of not less than $ 410,000.00 . The purchaser shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure or Department of Veterans Affairs will guaranty. Neither HUD or VA warrant the value or the condition of the property. The purchaser should satisfy himself/herself that the price and condition of the property are acceptable."
lf, after signing this Amendatory Clause, the purchase price increases, Buyer and Seller agree to sign, before Close Of Escrow, a new amendatory clause that reflects the final purchase price agreed to by Buyer and Seller.
For FHA transactions, the Amendatory Clause is not required on HUD REO sales, sales where the seller is Fannie Mae, Freddie Mac, the Department of Veterans Affairs, Rural Housing Services, other Federal, State and local government agencies, mortgagees disposing of REO assets, or sellers at foreclosure sales and those sales where the borrower will not be an owner-occupant (e.9., sales to nonprofit agencies).
2. CERTIFICATION: The undersigned Buyer, Seller, and real estate agent(s) or broker(s) hereby certify that the terms and conditions of the sales contract referenced above are true to the best of their knowledge and belief and that any other agreement entered into by any of the parties in connection with the real estate transaction is part of, or attached to, the sales agreement.
WARNING: lt is a crime to knowingly make false statements to the United States on this or any other similar form.
Penalties can include fine, imprisonment, or both. Title 18 U.S. Code S 1001 et seq.
By signing below, the undersigned acknowledge that each has read, understands and has received a copy of this Am lause-
Buyer
Buyer
€Ua,J Cesar E/ias Date 04t25t2o22
Elias Date 04t2512022
Seller X
4t25t2022 9".39'.57 PM GMT Owner of Record Date
Seller Date
Renwick Properties DRE Lic. # 01200081
Date *,ffiMelik Olivier DRE Lic.# 02102346
Adfuep440l.q,cf.6aGt.$le B2ta city Palmdale State CA Zip 93550-7611 Telepho ne (6611917-1829 Fax Em ail m e I i ko I iv i e r23 @q m a i L c o m Seller's Real Estate Broker Coldwell Banker-A Hartuvio Co. DRE Lic. # 00450461 By Dennis Greer DRE Lic. # 00758955 Date
Address 43912 N. 20th Sf. Wesf City Lancaster State CA Zip 93534 Telephone (661) 948-8424x319 Fax (661)942-5971 Em ail s ree rc o m m @.e a rth I i n k. n et @ 2021, Califomia Association of REALTORS@, lnc. United States copyright law Oitle 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 .qssociation of REALTORS@. lt 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 CALTFORNTA ASSOCIATION OF REALIORS@ 525 South Virgil Avenue, Los Angeles, Califomia 90020
FVAC REVISED 12t21(PAGE r OF 1)
FHA/VA Clause PAGE 1 1
Renwick Properties, 190 Si€rra Ct. Ste 8206 Palmdale CA 93550 Phone:
Melik Olivier Produced with Lone Wolf Transactions (zipFom Edition) 717 N Haruood St, Suite 2200, (66\a6Ms77
Dallas, TX 75201
Fax:
wW.lwolf.com
Cesar Elias
DISCLOSURE REGARDING
REAL ESTATE AGENCY RELATIONSHIP
(As required by the Civil Code)
(C.A.R. Form AD, Revised 12121)
! 1tt cfreckeO) This form is being provided in connection with a transaction for a leasehold interest exceeding one year as per Civil Code section 2079.130), (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 Selleds agent under a listing agreement with the Seller acts as the agent for the Seller only. A Selleis 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, orwithin the diligent attention and observation of, the parties. An agent is not obligated to reveal to eitherparty any confidential information obtained from the other party that does not involve the affirmative duties set forth above.
BUYER'S AGENT
A Buyeds agent can, with a Buyer's consent, agree to act as agent for the Buyer only. ln 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, orwithin 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. ln 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. ln 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. lf legal or tax advice is desired, consult a competent professional. lf 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 orwithin 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. l/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL ON THE SECOND PAGE.
! auyer I setler I Landlord ! Tenant
! auyer I setterl Landlord !Tenant
e0is,s o4J25t2022
L'ate
Elrbs Date
04t25t2o22
DRE Lic. # 01200081
By JlLnlih 0htiet{
Rear Estate Broker (Firm)
DRE Lic. # 02102346 Date
04t25t2?22
4t25tzo22 9:45:37 p(Fdpff erson or Broker-Associate, if any) @ 2021, California Association of REALTORS@, lnc.
AD REVISED',t2t21(PAGEl OF 2l
1 9-83CF481 D-9A88-C80B57Fl TDst
C,\I-IFORNIA
.{SSOCIATION
oF REALTORS.s,
A
RE REAL AGENCY RELA HIP 1 2
Renwick Properties, 190 Sierm Ct. Ste 8206 Palmdale CA 93550 Phone: (661) t604571 Fax:
Melik olivier Prcduced with Lone Wolf TEnsactions (zipFom Edition) 7'17 N Haruood St, Suite 2200, Dallas, TX 75201 ww.kdtcom Cesrr Elis
Authentisisn rD:2E766Are-B3cF481D-eAqg-f;99E5(t{rPfl
--cTloNS 2079.13 - 2079.24 (2079.16 APPEARS ON THE FRONT) 2079.13. As used in Sections 2079.7 and 2079.141o2079?4, 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 redl properf transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Sec{ion 10130) of Part I 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 ofthe agent. When a salesperson or brokeiassociate ovves 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 th6 brokei fbr wtiom the salesperson or broker associate functions. (b) "Buyef' means a transferee in a rehl property transaction, ahd includes a ferson raho executes an offer to. purchase. real propgrty from a seller through an agent, or wfio seeks the seMces 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) "Commeriial nial properfy" meand all real property in the gtate, glcept (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 iand, or (5) a recreational vehicle,-as defined in Section 799.29. (d)-"Dual agent" means €n 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 authoiized to sell the real-property or to find or obtain a buyer, including rendering other seMces 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 comp6nsation. (g) "Li$ing price" !s 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 pdce" is the amount expressed in dollars specified in an ofier 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. (i) "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 ofier to purchase. (l) "Sell," "sale," or "sold" refers to a transaction for the transfer of real property fom 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 yeais duration. (m) "Selle/' means the transferor in a real propefi 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 fom an agent on behalf of another. "Selle/' includes both a vendor and a lessor of real property. (n) "Buyefs agent' means an agent wtro 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 selleds agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The buyeds agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyeds offer to purchase. lf the offer to purchase is not prepared by the buye/s agent, the buyefs 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. ln 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 I of this AD form.
2079.17(al 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 propefi 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, respec{ively. {b) As soon as practicable, the sellefs agent shall disclose to the seller whether the seller's agent is acting in the real propefi transadion 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 selle/s agent prior to or coincident with the execution of that contrac't by the seller.
CONFIRMATION: (c) The confirmation required by subdivisions (a) and (b) shall be in the following form:
Selle/s Brokerage Firm License Number_
ls the broker of (check one): the seller; or
Seller's License Number
(dual agent)
License Number
ls (check one) the Seller's Agent. (salesperson or broker associate) both the Buyer's and Seller's Agent.
Buye/s Brokerage Firm
ls the broker of (check one): ! the buyer; or l l botn the buyer and seller. (dual agent) Buyeds Agent COMPLETE. SAMPLE ONLY License Number_
the act wtrich 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. @ 2021, Calilomia Association of REALTORS@, lnc. 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 lS l\ilADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION lN 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@. lt is not intended to identify the user as a REALTOR@. REALTOR@ is a registered collective membership mark which may be used only by of the NATIONAL ASSOCIATION OF REALTORS@ who subscribe to its Code of Ethics.
DO NOT COMPLETE. SAMPLE ONLY
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIAIION OF REALIORS@ 525 South Virgil Avenue, Los Angeles, Califomia 90020
AD REVTSED 12t21(PAGE2OF 2l
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2OF 2I Produced with Lone Wolf Transactions (zipFom Edition) 717 N HaMood St, Suite 2200, Dallas, TX 75201 !4!44j!!glleo!D Cesar Eli6 both
D-9AB8C80B57Ft7Dst
FAIR HOUSING & DISCRIMINATION ADVISORY
(G.A.R. Form FHDA, 10/20)
.\ssoclr{Tto\
oF RE-{LToRS&
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 Vlll of the Civil Rights Act; 42 U.S.C. SS 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") SS12900- 12996,12955; 2 California Code of Regulations ('CCR") SS12005-12271; 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 W|TH DISABILITIES ACT ('ADA') 42 U.S.C. SS12181-12189; Title lll of the ADA prohibits discrimination based on disability in public accommodations; and
E. OTHER FAIR HOUSING LAWS: Section 504 of Rehabilitation Act of 1973 29 U.S.C. $794; Ralph Civil Rights Act CC S51.7.; California Disabled Persons Act; CC $554-55.32; 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/CHARACTERISTIGS: Whether specified in Federal or State law or both, discrimination against persons if based on that person's belonging to, association with, or perceived membership to, any of the following classes or categories is
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 52725(0 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 S10177(lX1); 10 CCR 52780
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, handicap, familial status, national origin, sexual orientation, or gender identity by REALTORS@.
7. WHO IS REQUIRED TO COMPLYWITH 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. o Sellers o Landlords o Sublessors
o Real estate licensees o Real estate brokerage firms r Property managers o Mobilehome parks o Homeowners Associations ("HOAs"); o Banks and Mortgage lenders . lnsurance companies . Government housing services
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 eldedy 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 concem 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; @ 2020, Califomia Association of REALTORS@, lnc.
FHDA lo/20 (PAGE 1 OF 2)
FAIR HOUSING & DISCRIMINATION ADVISORY
Religion
Gender Expression
Medical Condition
Age
Gender ldentity
Disability (Mental &
Physical)
MilitaryA/eteran Status
National Origin
Any arbitrary characteristic
Ancestry
Gender
Source of lncome (e.9.,
Section I Voucher)
lmmigration Status
Color
Sexual Orientation
Familial Status (family with a
child or children under 18)
Primary Language
Race
Sex
Marital Status
Citizenship
Criminal History (non-relevant convictions)
Retrwick Propefrid, 190 Sier. Ct Ste B-m6 Pa.lmdale CA 93550 Phone: (661) t6(H577 Melik Otivier Prcduced with Lone Wolf TEnsaclions (zipForm Edition) 717 N Haruood St, Suite 2200, Dallas, TX 75201 Fax:
w.lwdlmm
Ceser Elirs
ElOF
Authentisign lD: 2Fl66A1 9a3CF-{al D-9AB8480B57Fi 7D5l
E. lnquiring 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);
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 govemment 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;
l. 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 wheel chair bound tenant to install, at their expense, a ramp over front or rear steps, or refusing to allow a physically disabled tenant 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.
IO. 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 buye/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: lf 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://www.dfeh.ca.gov/housing/
C. Local: local Fair Housing Council office (non-profit, free service) D. DRE : hft ps ://www.d re.ca.gov/Cons umers/FileGom plaint.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 penson 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 1 866 prohibit discrimination based on race; the FHA and FEHA exemptions do not extend to discrimination based on race.
Buyer/Tenant
Buyer/Tenant
read, understand and acknowledge receipt of a copy of this Fair Housing & Discrimination Advisory Date
04/25t2022
Buyer/Tenant Elias Date
o4/25t2022
Seller/Land 412512022 9:39:30 PM GMT Owner of Record Date DateSeller/Landlord
any portion thereof, by photoopy machine or any other means, induding facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS@. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDIry OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TMNSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real esiate professionals through an agreement with or purchase from the Califomia Association of REALTORS@. It is not intended to identiry the user as a REALTOR@. REALTOR@ is a registered mllective 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 CALTFORN/A ASSOCIATION OF REALTORS@ 525 Souih Virgil Avenue, Los Angeles, California 90020
FHDA 10/20 (PAGE 2OF 2l
FA|R HOUSTNG & D|SCRIMINATION ADVISORY (FHDA PAGE 2OF 2l Producedwith Lone Wolf Transactions (zipFom Edition) 717 N Haruood St, Suite 2200, Dallas, TX 75201 w.kdf.com Ceser Elies ^**'f$iig,1,i;* possrB
-€
oFRE:\LroRSs
LE REPRESENTATION OF MORE THAN ONE BUYER
OR SELLER. DISCLOSURE AND CONSENT
(C.A.R. Form PRBS, Revised l2121)
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: lf 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. lf 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. ln 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. \Mrether 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 underctanding this Possible Representation of More Than One Buyer or Seller - Disclosure and Consent and agrees to the agency possibilities disclosed.
Seller X Owner of Record Date
Seller
Buyer
Buyer
Date
Cesar Ellas Date 04t25/2022
Efibs Date 04t25t2022
By
04D5t2022
PM GMT
Seller's Brokerage Firm Coldwell Banker-A Harttailq Co. DRE Lic # 00450461 Date By DRE Lic # 00758955 Date
Dennis Greer
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 REALTORSO, 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@. lt 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 REALIORS@ 525 South Virqil Avenue, Los Angeles, Califomia 90020
PRBS REVISED 12t21(PAGE 1 OF 1)
DRE Lic # 01200081 Date
DRE Lic # 02102346 Date
m
ReNick Properties, 19O Siera Ct. Sie E.m6 Palmdal€ CA 93550 Phone: (661) t60-45?1 Fax:
MelikOlivier Produ@dwithLoneWolfTransactions(zipFomEdition)717NHaruoodSt,Suite2200,Dallas,TX 75201 w.Nof.com Cesar Elias
POSSIBLE RE ENTATION OF MORE THAN ONE BUYER OR SELLER RBS PAGE 1 OF 1 Authentisign D-9A88€80857F17D5 1
CALIFORNIA
ASSOCIATION
OF REALTORSo
WIRE FRAUD AND ELECTRONIG FUNDS
TRANSFER ADVISORY
(C.A.R. Form WFA, Revised 12121)
Property Address: 45534 E 5th Street, Lancaster, CA 93535 ("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. lt also appears that some hackers were able to provide false phone numbers for verifying the wiring or funds transfer instructions. ln 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, Propefi 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. lf 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 lnvestigation: https://www.fbi.gov/; the FBI's lC3 at www.ic3.gov; or 3'10-477-6565 National Wh ite Collar Cri me 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 Electronic Funds Transfer Advisory.
Buyer/T enantX ehe6 Cesar E/ias Date
o4t25t2o22
Buyer/T enantX Date 04t25t2022
Seller/Land 4nSl2O22 9:39:33 PM GMT Owner of Record Date Seller/Landlord Date
@2021, California Association of REALTORS@, lnc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reprcduction of this form, or any portion thereof, by photocopy machine or any other means, including faeimile 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@. lt 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 ASSOC/AIION OF REALIORS@ 525 South Virgil Avenue, Los Angeles, Califomia 90020
wFA REVTSED 12t2't (PAGE I OF 1)
I
c
WIRE NDS TRANSFER ADVISORY PAGE 1 OF 1
Renwick Prcpeftid, 190 Siera Ct. Ste 820,6 Palmdale CA 93550 Phone: (661) t60-4577 Metik Otivier Produced with Lon€ Wolf Transastions (zipFom Edition) 71 7 N Haruood St, Suite 2200, Dallas, TX 75201 Fax:
M.lwolf.com
Cesar Elias
Authentisign D-9AB8€80857Ft7D51
CALIFORNIA
ASSOCIATION
OF REALTORS@
Date Prepared Aoril 25- 2O22
1. OFFER:
A. THIS IS AN OFFER FROM
2 3.
(Zip Code),
Assessor's Parcel No(s). 3176-012-006 ("Property").
(Postal/Mailing
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.
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. Buye/s Agent is not legally required to give to Selle/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 Coldwell Banker-A Hartwig Co. License Number 00450461 ls the broker of (check one): ! the Seller; or ! both the Buyer and Seller (Dual Agent).
Selleds Agent Dennis Greer License Number 00758955
ls (check one): ! the Seller's Agent. (Salesperson or broker associate); or I both the Buyeis and Seller's Agent (Dual Agent).
Buyer's Brokerage Firm Renwick License Number 01200081
ls the broker of (check one): the Buyer; or both the Buyer and Seller (Dual Agent).
B. THE PROPERTY to be acquired is
in Lancaster
Buye/s Agent
ls (check one)
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(c.A.R. FORM RPA, rZ21)
Cesar Elias, Santiaqo Elias ("Buyef ).
45534 E 5th Street , situated
(City), Los Anoeles (County), California, 93535
Buyer's lnitials Seller's lnitials X _______J
Melik Olivier License Number 02102346
the Buyefs Agent. (Salesperson or broker associate); or both the Buyer's and Selle/s Agent (Dual Agent) C. ! Utore than one Brokerage represents ! Selter, ! euyer. See, Additional BrokerAcknowledgement (C.A.R. Form ABA).
D. pOfenfnllY GOMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a [ "Possible Representation of More than One Buyer or Seller - Disclosure and Consent" (C.A.R. Form PRBS).
TERMS OF PURCHASE AND ALLOCATION OF COSTS: The items in this paragraph are contractual terms of the Agreement. further on. This form is 16 The Parties are advised to read all 16 @2o21, Calrtomia Association of REALTORS@, lnc.
RPA12121(PAGE r OF 16)
lAt cash
Uoon removal of all continoencies
ohn - (oate)
oR!
Conventional or, if checked,
EFHANVA
(QAR Forms FVAC, HID attached)
l__l Seller Financing
l__l other:
Seller Financing
Other:
or, if checked,
$ 410,Un.N
Fss
-OR-onn
Days afier Acceptance
-
(date)
3 calendar days after all Buyer
at SPM or_ l_lAM/Ll PM
or
L_A.S % of purchase price)
(% number above is for calculation purposes
and is not a contractual term)
$ 2.000.00
$_
(o/o number above is for calculation purposes
and is not a contractual term)
$395,650.0{, ( 96.5 "/. ofpurchaseprice)
Fix€d ra-ie oilTnitfal adjustable rate not lo
exceed _%
Buyerto pay zero points or up to % ofthe
loan amount
17 (or ) Days afierAcceptance
$
-
( lo of purchase price)
Fixed rate or ! lnitial adjustable rate not to
exceed Yo
Buyer to pay zero points or up to % of the
loan amount
Primary, or if checked, ! Secondary Il lnvestment
$ 12,350.N
saoolwoo -
Additional Financed Amount
lnterest Rate
Points
Occupancy Type
Balance of Down Payment
Purchase Price
Close of Escrow (GOE)
Expiration of Ofter
Inltaal Deposit Amount
! lncreased Deposit
(Money placed into escrow after
the initial deposit, Use form DID at
time increased deposit is made,)
lf FHA or VA checked, Deliver list of
lender required repairs
Loan Amount(s):
Points
First
lnterest Rate
5, 58 (cash)
32A'
5A(1)
5A(2)
5C(1)
5C(2)
7A
5D
A
B
c
D(1)
D(2)
E(1)
E(2)
E(3)
F
PURCHASE PRICE TOTAL
PAGE 1 OF 1CALIFORNIA RESI AGREEMENT AND JOINT ESCROW INSTRUCTIONS ReNick Properlis, 190
Melik Olivier
Ste 8206 Palmd.Ie CA 9359)
Produced wilh Lone Vl/olf Transadions
(651) r604s7?
Dallas, TX 75201
Cenr Eli.s
717 N HaMood
Fax:Phone:
Suite
RPA't2t21(PAGE 2 OF 16) Buyer's lnitials
Date 2022
Seller's lnitials
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 2 OF 15) Produced with Lone Wolf Transactions (zipFom Edition) 717 N HaMood St, Suite 2200, Dallas, TX 75201 w.lwoli@m Cesar Elias Seller credit to be applied to closing
costs OR
I other:
Prequalifi cation I Preapproval
Fully underwritten preapproval
! No loan contingency
! No appraisal contingency
Removal of appraisal contingency
does not eliminate appraisal
cancellation rights in FVAC.
REMOVAL OR WAIVER OF
CONTINGENCY:
Any contingency in L(l)-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.
! cR attached
C.A.R. Form SIP attached if 29 or
fewer days. C.A.R. Form RLAS
attached if 30 or more days.
TOPA oroccupied
Other
tenant
1 7 (or ) Days after Acceptance, or 5 Days
after receipt, whichever is later
Upon notice of recordation, OR l6 PM or
L l AM/ L l PM on date specified. as
applicable, in 3M(2) or attached TOPA.
COE date or, if checked below,
- days after COE (29 or fewer days)
]- oays afier CoE (30 or more days)
See Tenant Occupied Property Addendum
(C.A.R. form TOPA)
7 (or ) Days after Acceptance
5 (or ) Days after receipt
3 (or ) Days after Acceptance
7 (or ) Days afierAcceptance
3 Days after Acceptance
and is not a contractual term)
8S to.soo.oo (_2.6_% of purchase price)
(o/o number above is for calculation purposes
Attached to the offer or ! 3 (or ) Days
after Acceptance
Attached to the offer or! 3 (or ) Days
after Acceptance
Attached to the offer or!3 (or ) Days
after Acceptance
5 (or ) Days prior to COE
17 (or ) Days after Acceptance
17 (or ) Days afterAcceptance
17 (or ) Days afterAcceptance
17 (or ) Days afterAcceptance
17 (or ) Days afterAcceptance, or5 Days
after receipt, whichever is later
17 (or ) Days after Acceptance, or 5 Days
after receipt, whichever is later
17 (or ) Days after Acceptance, or 5 Days
after receipt, wiichever is later
Seller Credit, if any, to Buyer
Verification of All Cash (sufficient
funds)
Verification of Down Payment and
Closing Costs
Verification of Loan Application
Final Verification of Condition
Assignment Request
Loan(s)
Appraisal: Appraisal contingency
based upon appraised value at a
minimum of purchase price or
xls 4lO.OOO.OO
lnvestigation of Property
lnformational Access to Property 17 (or \ Days afierAcceptance Buyer's right to access the Property for informational purposes is NOT a contingency does NOT create cancellation rights, and applies even if contingencies are removed.
Review of Seller Documents
Preliminary ('Title") Report
Common lnterest Disclosures
required by Civil Code S 4525 or this
Agreement
Review of leased or liened items
(Such as for solar panels or propane
tanks or PACE or HERO liens)
Sale of Buyer's Property
Sale of Buyer's property is not a
contingency, UNLESS checked here:
r__l c.A.R. Form COP attached
Time of Possession
Seller Occupied or Vacant units
Tenant Occupied units
Seller Delivery of Documents
Sign and return Escrow Holder
Provisions and lnstructions
Time to pay fees for ordering HOA
Documents
lnstall smoke alarm(s), CO detector(s).
water heater bracing
Evidence of representative authority
5E
ADDITIONAL FINANCE TERMS:
5B
8D. t4A
8E, 13A
8F,11K
8G, eB(6)
8J
7C
144
198
11K(2)
108(1)
28 6A
6B
16 23
8A
8B
8C,',t2
N(3)
N(4)
N(5)
G(l)
G(2)
H(1)
H(2)
J
H(3)
L(1)
K
.
L(2)
L(3)
L(4)
L(5)
L(6)
L(7)
M(1)
L(8)
ffi
M(2)
N({)
M(3)
N(2)
CA
Buyels lnitials
et st
Date'. Aoril 25.2022
Seller's lnitialsRPA12t21(PAGE 3 OF 16)
cALtFORNtA RESTDENTTAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 3 OF 16) Produ@d with Lone Wolf Transactions (zipFom Edition) 717 N Haruood St, Suite 2200, Dallas, TX 75201 @lydfueB Cew Elias Escrow Holder:
SellersChoice
Title Company (lf different
ftom Escrow Holder):
Se/lers Choice
Unless Otheruvise Agreed, Buyer
shall purchase any title insurance
policy insuring Buyer's lender.
Unless Othenryise 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.
Sellers Chorce! Provided by:
Environmental
Other
!euyer [|setter !aotr
!Buyer !setter !eotr
!Buyer [|setter !sotn
!Buyer []setter !eotn
! auyer I setter ! aotn
! eacn to pay their own fees
Bolh Each to Pay Own Pofti!auyer lsetter ffi
!Buyer Isetter !eotn
Buyer
IBuyer Isetter !eotn
Iauyer !setter !aotn
Seller
Buyer
! euyer ! setter ! aotn
Seller, or if checked, ! euyer ! eotn
Both $499I euyer ! setter !
!suyer !seiler !aotn
Items lncluded - All items specified in Paragraph 98 are included and the following, if checked separate video doorbell and camera
equipment;
Smart home control devices;
Wall mounted brackets for video or audio
equipment;
IAbove-ground pool(s) /! spa(s);
fi Bathroom minors, unless
excluded below;
! Electric car charging systems
and stations;
! PotteO trees/shrubs;
Tft
Security camera equipment;
Security system(s)/alarm(s), other than
Dishwashe(s)
Microwave(s);
Video doorbell(s);
Additional ltems included:
! Stove(s), oven(s), stove/oven
combo(s);
Refrigerator(s);
Wne Refigerator(s);
Washer(s);
Dryer(s);
Excluded ltems:
Natural Hazard Zone Disclosure
Report, including tax information
See Tert Overflow Report
Report
Smoke alarms, CO detectors, water
heater bracinq
Govemment Required Point of Sale
inspections, reports
Government Required Point of Sale
corrective/remed ial actions
Escrow Fees
Owne/s title insurance policy
Buyer's Lender title insurance policy
County transfer tax, fees
City transfer tax, fees
HOA fee for preparing disclosures
HOA certification fee
HOA transfer fees
Private transfer fees
TC Fee Renwick Properti fees or costs
fees or costs
Cost not to exceed $ 525.00Home wananty plan: Seller's10c Serrers Ctror?elssued by:
fl Buver ltr setter fl Both
I auyer w-ives home wananty plan
I
I
10A,11A
10B(1)
10A
108(2)
108(2)(A)
19B
13 't1K(2)
P(1)
P(2)
a(1)
a(2)
a(3)
o(4)
a(5)
a(6)
aF)
a(8)
a(e)
o(r0)
a({r)
a(r2)
o(13)
o(14)
o(1s)
o({6}
a(r7)
a({8)
R
- ..:-'':: . i'.r.-:l:'
Aut'enlisi{Jpgi ?F7AQA1?i93S|4S93ABE98E5S.98€1.'ancasrer CA 93535
4. PROPERTY ADDENDA AND ADVISORIES: (check allthat apply) A. PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below:
Probate Agreement Purchase Addendum (C.A.R. Form PA-PA) Manufactured Home Purchase Addendum (C.A.R. Form MH-PA) Tenant Occupied Property Addendum (C.A.R. Form TOPA) (Should be checked whether current tenants will remain or not.) Tenancy in Common Purchase Addendum (C.A.R. Form TIC-PA) Stock Cooperative Purchase Addendum (C.A.R. Form COOP-PA) Other
B. OTHER ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below:
Addendum # (C.A.R. Form ADM) Short Sale Addendum (C.A.R. Form SSA) Court Confirmation Addendum (C.A.R. Form CCA)Back Up OfferAddendum (C.A.R. Form BUO) Septic, Well, Property Monument and Propane Addendum R. Form SWPI) Buyer lntent to Exchange Addendum (C.A.R. Form BXA) Seller lntent to Exchange Addendum (C.A.R. Form SXA) Other 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.)
Dale: April25.2022
trtr
Buye/s lnvestigation Advisory (C.A.R. Form BIA)
Wire Fraud Advisory (C.A.R. Form WFA)
Wildfire Disaster Advisory (C.A.R- Form WFDA)
Trust Advisory (C.A.R. Form TA)
REO Advisory (C.A.R. Form REO)
Other
Fair Housing and Discrimination Advisory (C.A.R. Form FHDA) Cal. Consumer Privacy Act Advisory (C.A.R. Form CCPA)
(Parties may also receive a privacy disclosure from their own Agent.) Statewide Buyer and Seller Advisory (C.A.R. Form SBSA)
Short Sale lnformation and Advisory (C.A.R. Form SSIA)
Probate Advisory (C.A.R. Form PA)
Other
5. ADDITIONAL TERMS AFFECTING PURCHASE PRICE: Buyer represents that funds will be good when deposited with Escrow Holder.
A. DEPOSIT:
(1) lNlTlAL DEPOSIT: Buyer shall deliver deposit directly to Escrow Holder. lf 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: lncreased deposit specified in paragraph 3D(2) is to be delivered to Escrow Holder in the same manner as the lnitial Deposit. lf 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 29, if initialed by all Parties or otherwise incorporated into this Agreementn specifies a remedy for Buyer's default. Buyer and Seller are advised to consult with a qualified California real estate attorney 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 fodh in the Civil Code.
B. ALL CASH OFFER: lf 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({), 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), or Other is checked in paragraph 3E(l).
(2) ADDITIONAL FINANCED AMOUNT: lf 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), 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 Buye/s loan specified in paragraph 3E, or any alternate loan Buyer pursues, whether or not a contingency of this Agreement. lf the contact information for Buyer's lende(s) is differenlJrom that provided under the terms of paragraph 68, Buyer shall Deliver the updated contact information within 1 Day of Seller s rgquest (4) FHA/VAI If FHA or VA is checked in paragraph 3E(l), a FHA /A amendatory clause (C.A.R. Form FVAC) shall be incorporated and Signed by all Parties. Buyershall, within the time specified in paragraph 3E(1), Deliverto Sellerwritten notice (C.A.R. FonnRR orAEA) (i) of any lender requirements that Buyer requests Seller to pay for or otherwise correct or (ii) that there are no lender requirements. Notwithstanding Selleis 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.
D. BALANCE Of pURCHISE PRICE (DOWN PAYMENT, paragraph 3F) (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 as specified in paragraph 3G(l) or Otherwise Agreed, 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 ai Close Of Escrow. lf the total credit allowed by Buye/s lender ("LenderAllowable.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 Buye/s down payment and closing costs, within the time specified in paragraph 3H(2) may be made by Buyer or Buyer's lender or loan broker pursuant to Parggraph 68.
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, B_uyer is prequalified or preapproved for any NEW loan specifie{in paragr4ph 3E. lf any loan specified in paragraph 3E is an .,^,,,,T;'::;;ffi
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cALtFORNtA RESTDENTTAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 4 OF id; Produced with Lone Wolf Transactions (zipFom Edition) 717 N HaMood St, Suite 2200, Dallas, TX 75201 w.lwdtcom Cesar Elias A,th*l'sicJugi?F7AQA3?93Sf{*lg34BE9l9?SElL$l."ncaster, cA 93535 Date: Aprit 25,2022 C. BUYER STATED FINANCING: Seller is relying on Buyer's representation of the type of financing specified (including, bu{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 Buye/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 38) even if based upon altemate 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.
7. CLOSING AND POSSESSION:
A. OCCUPANCY: Buyer intends to occupy the Property as indicated in paragraph 3E(3). Occupancy may impact avaihbb financing.
B. CONDITION OF PROPERTY ON CLOSING:
(1) Unless Otherwise Agreed: (i) the Property shall be delivered "As-ls" 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. lf 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 considerc 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 lN POSSESSION AFTER CLOSE OF ESCROW: lf Seller has the right to remain in possession after Close Of Escrow pursuant to paragraph 3M(2) or as Othenarise 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 Buyeis 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 wananties. Agents cannot and will not determine the assignability of any wananties.
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 lnternet-connected devices included in the purchase price, garage door openers, and all items included in either paragraph 3P or paragraph 9. lf 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. lf contingent, Buyer shall act diligently and in good faith to obtain the designated loan(s). lf 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 puruant to the loan contingency if Buyer is otherwise qualified for the specified loan and Buyer is able to satisfy lende/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. Buyefs ability to obtain insurance for the Property, including fire insurance, is part of Buyer's lnvestigation of Property contingency. Failure of Buyer to obtain insurance may justify cancellation based on the lnvestigation contingency but not the loan contingency.
(3) Buye/s contraclual obligations regarding deposit, balance of down payment and closing costs are not contingencies of this Agreement, unless Otherwise Agreed.
(4) lf there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the appraisal contingency. (5) NO LOAN CONTINGENCY: lf "No loan contingency" is checked in paragraph 3L(1), obtaining any loan specified is NOT a contingency of this Agreement. lf 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 otherurise specified in paragraph 3L(2) or an attached GR form, c,ontingent 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 lnvestigation of Property contingency. The appraisal contingency is solely limited to the value determined by the appraisal.
Forany cancellation based upon this appraisal contingency, Buyershall Delivera Copy of thewritten appraisal to Seller, upon request by Seller.
(2) NO APPRAISAL CONTINGENGY: lf "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). lf Buyer is unable to obtain the loan specified solely for this reason, Seller may be entitled to Buyer's deposit or other legal remedies.
C. INVESTIGATION OF PROPERTY: This Agreement is, as specified in paragraph 3L(3), contingent upon Buyer's acceptance of the condition ol and any other matter affecting, the Property. See paragraph 12. n paragraph 3L(4), contingent upon Buyeis review of
RP Seller's lnitials
cALtFORNtA RESTDENTTAL PURCHASE AGREEMENT AND JOTNT ESCROW INSTRUCTIONS (RPA PAGE 5 OF 15) Produ@d with Lone Wolf Transactions (zipFom Edition) 717 N HaMmd St Suite 2200, Dallas, TX 75201 ww.lwdtem C6a Elis Aut'enlirisuBiff ?AQJs?8Egf fJ83aPEaJlEs$J/8Etr_ancasteacne3s3s E.. TITLE:
Dale: April 25.2022
(1 ) This Agreement is, as specified in paragraph 3L(5), contingent upon Buyer's ability to obtain the title policy provided for in paragraph 13G 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. (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 (lF APPLICABLE): This Agreement is, as specified in paragraph 3L(6), contingent upon Buyer's review of Common lnterest Disclosures required by Civil Code $ 4525 and under paragraph 11K ('Cl Disclosures").
G. BUYER REVIEW OF LEASED OR LIENED ITEMS CONTINGENCYT 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 98(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. lf Buyer does remove a contingency without first receiving all required information from Seller, Buyer is relinquishing any contractual rights that apply to that contingency. lf 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 or 8, 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 receipt of Seller Documents or Cl Disclosures, whichever occurs later, remove the applicable contingency in writing or cancel this Agreement. (3) lf 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 Buyeds 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: ltems listed as included or excluded in the Multiple Listing Service (MLS), flyers, maketing 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 home 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 checked 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), 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 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 atthe time of Acceptance.
Note: lf 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 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. lf 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 sal_e..Buyer is.advised to use paragiaph 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: lf checked ln paragraph 3P, all smart home and security system control devices are included in the sale, 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 lnternet may be required to operate some smart home features and Buyer may have to obtain such device after Close Of Escrow. 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(l), shall (i) disclose to Buyer if any item or system specified in paragraph 3P or 98 or otherwise included in the sale is leased, or not owned by Seller, or is subject to any maintenance or other ongoing financjal obligation, or specifically gubject to a lien or other encumbrance or loan, anil (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.Othenrise 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 98(6), and (ii) are transferred without Seller warranty regardless of value. Seller shall cooperate with the identification of any software or applications and Buyeis efforts to transfer any services needed to operate any Smart Home Features or other items included in this Agreement, includirp; butrpt lipnted tq utilities or security systems. lefl ls€l 6RPA12I21(PAGE 6 OF 16) Buyer's lnitials x!-------Llx!-J Selleis lnitials x---------l 'cr;+riir CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 6 OF I6) Produced with Lone Wolf Transactions (zipFom Edition) 71 7 N Haruood St, Suite 2200, Dallas, TX 75201 uau6l[ggllfqll Cesr Elias 10 Dale'. April 25,2022
C. ITEMS FROM SALE: Unless are uded fromffi
other items) if any such item isin paragraph 3P(2); (ii) audio and video components (such as flat screen TVs, speakers and 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.
ALLOCATION OF COSTS:
A. INSPECTIONS, REPORTS AND CERTIFICATES: Paragraphs 3Q(1), (2), (3), and (5) only determines who is to pay for the inspection, test, certificate or service ("Report") mentioned; it does not determine who is to pay for any work recommended or identified in the Report. Agreements for payment of required work should be specified elsewhere in paragraph 3Q, or 3R, or in a separate agreement (such as C.A.R. Forms RR, RRRR, ADM or AEA).
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) and paid by the Party specified in paragraph 3Q(4). lf 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. lf 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) PO|NT OF SALE REQUTREMENTS:
(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 and paid by Party specified in paragraphs 3Q(5) and 3Q(5). Unless Parties Othenivise Agree to another time period, any such repair, shall be completed prior to final verification of Property. lf Buyer agrees to pay for any portion of such repair, Buyer, shall (i) directly pay completing the repair or (ii) provide an invoice to Escrow Holder, deposit funds into escrow sufficie to the vendor
nt 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: lf any repair in paragraph 108(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. lf Buyer incurs costs to comply with lender requirements concerning those items, Seller shall be responsible for those costs. (4) 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. HOMEWARRANTY:
(1) Buyershall choosethecoverages,regardlessofanyoptional coveragesindicated,ofthehomewarrantyplanandBuyer shall pay any cost of that plan, chosen by Buyer, that exceeds the amount allocated to Seller in paragraph 3O(18). 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. (2) lf Buyer waives the purchase of a home urarranty plan in paragraph 3Q(18), Buyer may still purchase a home warranty plan, at Buye/s expense, prior to Close Of Escrow.
11. STATUTORY AND OTHER DISCLOSURES (INCLUDING LEAD-BASED PA|NT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS:
A. TDS, NHD, AND OTHER STATUTORY AND SUPPLEMENTAL DISCLOSURES:
(1) Sellershall, within the time specified in paragraph 3N('l), Deliverto Buyer: unless exempt, fully completed disclosures or notices required by SS 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 lmprovement 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 orvery high fire hazard severity area, the information, notices, documentation, and agreements required by SS 1 1 02.6(f) and 1 1 02.1 9 of the Civil Code (C.A. R. Form FHDS). (2) 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 l), and Seller has completed and answered all questions and Signed the Seller's lnformation section (Section ll) and the Seller's Agent, if any, has completed and Signed the Seller's Agent's section (Section lll), or, if applicable, an Agent Visual lnspection 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 lV 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. (3) Seller shall, within the time specified in paragraph 3N('l), 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. (4) ln 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 whicfi-are^-Qis@vpr91Qby Buyer or disclosed in reports or documents provided t'o or ordered and paid ror uv euv{et,l
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RPA12I21 (PAGE 7 OF f 6) Buyer's lnitials x\___Jtx9---J Seller's lnitials x------J r,rj$1fl* cALtFORNtA RESTDENTTAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 7 OF 16) ; (zipFom Edition) 717 N Haruood St, Suite 2200, Dallas, TX 75201 w.lwdlcom Cesar Elis cA 93535 Date: Aoril 25.2022
B. LEAD
(1) Seller shall, within the time specified in paragraph 3N(l), 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.
C. 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).
D. 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 whetherthe 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).
E. WAIVER PROHIBITED: Waiver of Statutory, Lead, and other Disclosures in paragraphs {lA(1), 118, 11C, and 11D are prohibited by Law.
F. RETURN OF SIGNED COPIES: Buyer shall, within the time specified in paragraph 3L(3) OR 5 Days after Delivery of any disclosures specified in paragraphs 11 A, B, C or D, and defensible space addendum in paragraph llD, whichever is later, return Signed Copies of the disclosures, and if applicable, addendum, to Seller.
G. TERMINATION RIGHTS:
(1) StatutoryandOtherDisclosures:lfanydisclosurespecifiedinparagraphst'lA,B,C,orD,orsubsequentoramended 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. lf 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 Gompliance: lf, by the time specified in paragraph 11F, 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.
H. 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 lnternal 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 quq[fieQ 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 lnternal 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. l. 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 lnternet 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. lf Buyer wants further information, Agent recommends that Buyer obtain information from this website during Buyer's investigation contingency period. Agents do nottuve qlpq$gg_.!! this area.) J. NOTTCE REGIAR6|NG GAS AND HAZAR-DOI,S LIQUID1RANSMISSION 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) lnternet 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 id s6archable by ZIP Code and county on the NPMS lnternet Website. (Neither Seller nor Agent are required to check this website. lf 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.) K. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES:
(l ) Seller shall, within the time specified in paragraph 3N(t ), 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).
(2) lf the Property is a condominium or is located in a planned development or other common ;n1u1ss1 .livelopment with a' ' HOA, Setier Sfratt, within the time specified in paragraph 3N(3), order from, and pay any required fee ad specified in paragraph 3a(12) for the following items to the HOA (C.A.R. Form HOA-IR): (i) Copies of any documents required.by Law (C.R.n. Fcjrm HOA-RS); (ii) disdosure 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; bnd (vii) smoking restrictions ("Cl Disclosures"). Seller shall itemize and Deliver to Buyer all Cl Disclbsures received from the HOA and any Cl Disclosures in Selleis possession. Seller shall, as directed by Escrow Holder, deposit funds into escrow or direct to HOA or management company to pay for-any ofthe above.
L. NATURAL AND ENVIRONMENTAL HAZARDS: Seller shall, within the time specified in paragraph 3N(1), if required by Law:
(i) Deliverto Buyerthe earthquake guide and environmental hazards booklet, and forall residential propertywith 1-4 units and any manufactured ormobile home built beforeJanuary 1, 1960, fully completean{Deliverthe-Resi{ential Earthquake Risk Di{closure Statement; and (ii) even if exempt from thi: obligation to provide a NHD, disclose if the Property is located in a Special Flood HazardArea; Potential Flooding (lnuqlqlioQArea; VeryHigh Fire Hazard Zone;.State Fire ResponsibilityArea; Ebrthquake Fault Zone; Seismic Hazard Zon-e; an{-(i!i)-d$cl(Se^a4flother zone as required by Law and provide any other information required forthose zones. let I I St I , ARPA 12t21 (PAGE 8 OF 16) Buyer's lnitials xL___J txL--) Seller's lnitials .si."J,iiilf; .ALTF.RNTA *=r'o:,T.,'"',3h,.iys:,li::5*9*:-=l:=-II*IR*:J,:T,,5:,f*PgJHTffiISt (RPAcPff: 8 0F 16) Aut'enlieisuBtf'FffE?8-381{i9lf=E3lF5=${981* r-gncaster. cn gssss Date. Aprit 25,2022 M.KNowNMATERlALFAGTS:Sel|ershall,withinthetimespecifiedinparagraph3N(,l),DlScLm 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.
I2. 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 lnvestigations").
B. Buyer lnvestigations include, but are not limited to:
(1 ) lnspections 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) All other Buyer lnvestigations, such as insurance, not specified above. See, Buyer's lnvestigation Advisory (C.A.R. Form BIA) for more.
(3) A review of reports, disclosures or information prepared by or for Seller and Delivered to Buyer pursuant to paragraphs 3, 10, 11, and 14A.
C. Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (i) invasive or destructive Buyer lnvestigations, except for minimally invasive testing required to prepare a Pest Control Report, which shall not include any holes or drilling though 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 Propefi available for all Buyer lnvestigations. Seller is not obligated to move any existing personal property.
Seller shall have water, gas, electricity and all operable pilot lights on for Buyeds lnvestigations and through the date possession is delivered to Buyer. Buyer shall, (i) by the time specified in paragraph 3L(3), complete Buyer lnvestigations and satisfo 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 lnvestigation 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 lnvestigation reports shall not include any appraisal, except an appraisal received in connection with an FHA orVA loan.
E. Buyer indemnity and Seller protection for entry upon the Propefi: Buyer shall: (i) keep the Property free and clear of liens; (ii) repair all damage arising from Buyer lnvestigations; 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, wokers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer lnvestigations or work done on the Property at Buyefs 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 lnvestigations and work done on the Property at Buye/s direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement.
13. TITLE AND VESTING:
A. Buyer shall, within the time specified in paragraph 3N(l ), be provided a current Preliminary Report by the person responsible for paying for the title report in paragraph 3A(8). lf 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 lndex 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, Sellerwill take necessary action to delivertitle 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.
E. lf Buyer is a legal entity and the Property purchase price is at least $300,000 and the purchase price is made without a bank loan or similar form of external financing, a Geographic Targeting Order (GTO) issued by the Financial Crimes Enforcement Network, U.S" Department of the Treasury, requires title companies to collect and report certain information about the Buyer, depending on where the Property is located. Buyer agrees to cooperate with the title company's effort to comply with the GTO.
F. Buyer shall, after Close Of Escrow, receive a recorded grant deed or any other conveyance document required to convey title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Seller's leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buye/s vesting instructions. The recording document shall contain Buye/s post-closing mailing address to enable Buyer's receipt of the recorded conveyance document from the County Recorder. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APP
s€ef ARPA12t21(PAGE 9 OF 16) Buyer's lnitials Selle/s lnitials X I GAL|FORNIA RESTDENTTAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 9 OF 16) Produced with Lone Wolf Transactions (zipFom Edition) 717 N Haruood St, Suite 2200, Dallas, TX 75201 w.lwdf.com Cesar Elis o"**luigUBrff?AQfd?83E1*l83aBE€lFs$J/88t r-ancaste4 c.q ggsgs Date: Aprir 2s,2022 G. Buyer shall receive a "ALTA/CLTA Homeowner's Policy of Title lnsurance" or equivalent policy of title insurance, if applicable to the type of property and buyer. Escrow Holder shall request this policy. lf a ALTtuCLTA Homeowner's Policy of Title lnsurance is not offered, Buyer shall receive a CLTA Standard Coverage policy unless Buyer has chosen another policy and instructed Escrow Holder in writing of the policy chosen and agreed to pay any increase in cost. Buyer should consult with the Title Company about the availability, and difference in coverage, and cost, if any, between a ALTA/CLTA Homeowner's Policy and a CLTA Standard Coverage policy and other title policies and endorsements. Buyer should receive notice from the Title Company on its Preliminary ffitle) Report of the type of coverage offered. lf Buyer is not notified on the Preliminary (Title) Report or is not satisfied with the policy offered, and Buyer nonetheless removes the contingency for Review of the Preliminary Report, Buyer will receive the policy as specified in this paragraph. {4. 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 GR or CC).
A. SELLER DELIVERY OF DOCUMENTS: Seller shall, within the time specified in paragraph 3N(l), Deliver to Buyer all reports, disclosures and information ("Reports") forwhich Seller is responsible as specified in paragraphs 98(6), 10, 11A, 118, 11C, llD, 'llH, 11K,11L,llM, l3A, and 13D.
B. BUYER REVIEW OF DOCUMENTS; REPAIR REQUEST; CONTINGENCY REMOVAL OR CANCELLATION (1) Buyer has the time specified in paragraph 3 to: (i) perform Buyer lnvestigations; review all disclosures, reports, lease documents to be assumed by Buyer pursuant to paragraph 98(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). lf 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, other than those in paragraph 11A or 118, is not Delivered within the time specified in paragraph 3N(l), 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. lf 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 1 1 G. (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 14C, 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 t4C(1).
C. SELLER RIGHT TO GANCEL:
(1) SELLER RIGHT TO CANCEL; BUYER CONTINGENCIES: lf, 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. ln 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 il by the time specified in this Agreement, Buyer does not take the following action(s):
(i) Deposit funds as required by paragraph 3D(l ) 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 58 or 6A; (v) Deliver a letter as required by paragraph 68; (vi) ln writing assume or accept leases or liens specified in paragraph 8G; (vii) Return Statutory and Other Disclosures as required by paragraph 11F; (viii) Cooperate with the title company's effort to comply with the GTO as required by paragraph 13E; (ix) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraphs 5A(2) and 29; (x) Provide evidence of authority to Sign in a representative capacity as specified in paragraph 28; or (xi) Perform any additional Buyer contractual obligation(s) included in this Agreement. ln such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer and other expenses already paid by Escrow Holder pursuant to this Agreement prior to Seller's cancellation. (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. BUYERRIGHTTOGANCEL:
(i) BUYER RIGHT TO CANCEL; SELLER CONTINGENGIES: lf, 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. ln such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer and other expenses already paid by Escrow Holder pursuant to this Agreement prior to Buyer's cancellation. (2) BUYER RIGHT TO CANCEL; SELLER CONTRACT OBLIGATIONS: lf, 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
BUYE
time specified, Buyer, after first Delivering to Seller a Notice to Seller to Perform, may cancel this Agreement. (3) R RIGHT TO CANCEL; BUYER CONTINGENCIES: Buyer may cancel this Agreement by good faith exercise of any Buyer contingency included in paragraph , so long as that contingency has not already been removed in writing
RPA12t21(PAGE lo OF 16) Buyer's lnitials Selleis lnitials X I CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 1O OF 16) Produced with Lone Wolf Transactions (zipFom Edition) 717 N Haruood St, Suite 2200, Dallas, TX 75201 ww.Mdf.com Cesar Eli6 AuthenfrFEHBiiFTA%f, ?8E8f fJ83fE-SlBs$//88L r-ancaster, cn gssgs E. NOTICE TO BUYER OR SELLER TO PERFORM: The Notice to Buyer to Perform or Notice writing; (ii) be Signed by the applicable Buyer or Seller; and (iii) give the specified in the applicable paragraph, whichever occurs last) to take the to Seller to Perform may not be Delivered any eadier than 2 Days prior to or cancel this Agreement or meet an obligation specified in paragraph Date. April25,2022
to Seller to Perform shall: (i) be in
the timeother Party at least 2 Days after Delivery (or until applicable action. A Notice to Buyer to Perform or Notice the Scheduled Performance Day to remove a contingency
14, whether or not the Scheduled Performance Day falls
on a Saturday, Sunday or legal holiday. lf 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: lf Buyer removes any contingency or cancellation rights, unless Otherwise Agreed, Buyer shall conclusively be deemed to have: (i) completed all Buyer lnvestigations, 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 Selle/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: lf 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. lf a DCE is incorrectly Delivered or specifies a time less than the above timeframe, the DCE shall be deemed invalid and void, and Selleror Buyershall be required to Delivera new DCE.
H. EFFECT OF CANCELLATION ON DEPOSITS: lf 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 cancellation 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 Pafi 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 S 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. '15. REPAIRS: Repairs shall be completed prior to final verification of condition unless Otherwise Agreed. Repairs to be performed at Selle/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 mannerwith 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.
16. 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 78; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Selleds other obligations under this Agreement (C.A.R. Form VP).
17. 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 assessmenls 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 shail 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 b.e prorated and paid as follows: (i) for feriods after Ciose Of Escrow, by Buyer; and (ii) for periods prior to Close Of Escrow, by Seller (see G.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 UTlLlry BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month.
18. BROKERSANDAGENTS:
A.
B.
RPA12t21(PAGE 11 OF 16) Buyer's lnitials Seller's lnitials CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 11 OF 15) Produced with Lone Wolf Transactions (zjpFom Edition) 717 N Haruood St, Suite 2200, Dallas, TX 75201 !4U LlUglLsqI[ Cesar Elias o"*"'!tigHBf f
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I9. 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 l, 3A, 38, 3D-G, 3N(2), 3Q, 3R, 4A, 48, 5A({-2) 5D, 5E, 108(2XA), 108(3), l0C, l'lH,'l1Kl2l, 13 (except 13D), 14H, '17,18A, 19,23,25,27,28,32,33, and paragraph 3 of the Real Estate Brokers Section. lf a Copy of the separate compensation agreement(s) provided for in paragraph l8A or paragraph C of the Real Estate Brokers Section is deposited with Escrow Holder by Agent, Escrow Holder shall accept such agreement(s) Dale: Aoril 25.2022
used:
executed, in writing, by the recipient Party and is
and
The
pay out from Buye/s or Seller's funds, or both, as applicable, the Brokeis compensation provided for in such agreement(s). 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 offe(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 lnformation to Title Company when received from Seller, if a separate company is providing title insurance. lf Seller delivers an affidavit to Escrow Holder to satisfy Seller's FIRPTA obligation under paragraph 11H, Escrow Holder shall deliver to Buyer, Buyer's Agent, and Seller's Agent a Qualified Substitute statement that complies with federal Law. lf Escrow Holder's Qualified Substitute statement does not comply with federal law, the Parties instruct escrow to withhold all applicable required amounts under paragraph 11H.
D, Agents are not a party to the escrow, except for Brokers for the sole purpose of compensation pursuant to paragraph 18A and paragraph 3 of the Real Estate Brokers Section. lf 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 Buye/s or Selle/s funds, or both, as applicable, the Broker's compensation provided for in such agreement(s).Buyer and Seller inevocably assign to Brokers compensation specified in paragraph 18A, and inevocably 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 Holdeis 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 Buyeds deposit of funds pursuant to paragraphs 5A(1) and 5A(2). Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notifyeach 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.
20. 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.
21. 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, "lmages") 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 S 1088(c) requiresthe MLS to maintain such lmages and information forat leastthree years and a-s a result they may be displayed or circulated on the lnternet, which cannot be controlled or removed by Seller or Agents; and (iii) Seller, Selle/s Agent, Buyer's Agent, and MLS have no obligation or ability to remove such lmages or information from the lnternet.
22. ATTORNEY FEES AND GOSTS: ln any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement,
23. 24.
25. letters throughout this Agreement, and have the
A. "Acceptance" means the time the offer
en
or final
Delivered to the offering Party or that Party's Autho
RPA12t21(PAGE 12 OF 16) Buyer's lnitials Selleds lnitials X I CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 12 OF 16) Produced with Lone Wotf TEnsactions (zipFom Edition) 717 N Haryood St, Suite 2200, Dallas, TX 75201 M.Mdf.@m Cesar Elias o"*"'!tiguBi?F AqJ8?8E8ItrSg3fE-9393[lPd{ r-ancasrer: cA 93S3s Date: Aprir 25, 2022 B.,.Agent''meanstheBroker,salesperson,broker--ssocia@license@ identified in paragraph 28.
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-ls" 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. "Gopy" means copy by any means including photocopy, facsimile and electronic. l. 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. Forexample, if a Notice to Buyerto 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 1 1:59 pm on the last day for performance ("Scheduled Performance Day"). (a) 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. (5) For the purposes of COE, any day that the Recorder's office in the County where the Property is located is closed, the COE shall occur on the next day the Recorder's office in that County is 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.
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 16. 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. lf 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). ln such case, Delivery shall be effective upon Delivery of the documents and notthe 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. 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 32 or paragraph 33.
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"
O. "Sign" or "Signed" means either a handwritten or Electronic Signature on an original document, Copy or any counterpart.
26. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the terms and conditions herein. The cALtFORNtA RESTDENTTAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 13 OF 16) ProducedwithLoneWolfTransaclions(zipFomEdition)717NHaNoodSt,Suite2200,Dallas,TX75201 w.lwdl@m CsuElio o"'""luiUpB',yp6g?838lfJ83fE$lF53ff88t r-ancaster: ce ggogs Date: Aoril25.2022 29' LIQUIDATED DAMAGES (By initialing in the space below, you are agreeing to Liquidated Damages):
lf Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. lf the Propefi 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 SEPART\TE.LICIIIIDATED DAMAGES PROVISION INCORPORATING THE INCREASED DEposrr AS LTQUTDATED DA{€Esl,{.sE1"-M DrD).
Buyer'slnitialsL JIL J Seller'slnitials t
30. 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. lf, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matterthrough 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 attomey 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 318; (ii) The obligation to mediate does not preclude the right of either Party to seek a preservation of rights under paragraph 31C; and (iii) Agenfs rights and obligations are further specified in paragraph 31D. These terms apply even if the Arbitration of Disputes paragraph is not initialed. s€
RPA12t21(PAGE 14 OF 16) Buyer's lnitials Seller's lnitials X I CALIFORN|A RESTDENTTAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 14 OF 16) Produced with Lone Wolf Transactions (zipFom Edition) 717 N Hamood St, Suite 2200, Dallas, TX 75201 ww.hdf.com Cesar EIis 3I. 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, OR n _ . 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 S 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 Givil Code S 2985.
C. PRESERVATION OF AGTIONS: 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 aftachment, receivership, injunction, or other provisional remedies; 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 lN 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
ARBITRATION."
Buye/s lnitials
I}ICLI,.]DED IN +I.IE 'ARBITRATION
L*J,L''J
OF DISPUTES' PROVISION TO NEUTRAL
Seller's lnitials I
IYV
"'**luiflHBitfTff[?83811$83aBES8fi53ff881, r-ancaster, cA e3s3s Date: April 25.2022
32. BUYER'S 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 Buye/s Authorized Agent. Seller has no obligation to respond to an offer made.
B. ! eruflW BUYERS: (Note: lf 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 28 for additional terms.
(3) The name(s) of the Legally Authorized Signer(s) is/are (4) lf a trust, identifo Buyer as truslee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust). lf the entity is a trust or under probate, the following is the full name of the trust or probate case, including case #:
C. The RPA has 16 pages. Buyer acknowledges receipt of, and has read and understands, every page and all attachments that make up the Agreement.
D. BUYER
(Signature)By, art f-lin6 Date:
o4t25Do22
Printed
! printed
(Signature) By,
Signer: Title, if applicable,
Date:
04t25t2022
Printed
! Printed name of Legally Authorized Signer: Title, if applicable, ! tr uone THAN TWo SIGNERS, USE Additional Signature Addendum (c.A.R. Form ASA).
33. 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. ! Seller Counter Offer (C.A.R. Form SCO or SMCO)
I Back-Up Offer Addendum (C.A.R. Form BUO)
B. I entity Sellers: (Note: lf 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 ) OneormoreSellersisatrust,corporation,LLC,probateestate,partnership,holdingapowerofattorneyorotherentity. (2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not in an individual capacity. See paragraph 28 for additional terms.
(3) The name(s) of the Legally Authorized Signer(s) is/are: _(a) lf a trust, identify Seller as trustee(s) of the trust or by simplified trust name (ex. John Doe, co{rustee, Jane Doe, co-trustee or Doe Revocable Family Trust). lf the entity is a trust or under probate, the following is the full name of the trust or probate case, including case #:
C. The RPA has 16 pages. Selleracknowledges receiptof, and has read and understands, every page and all attachmentsthat make up the Agreement.
D. SELLERSIGNATURE(S):
(Signature) By, Date:
Printed name of SELLER'. Owner of Record
! Printed Name of Legally Authorized Signer: Title, if applicable, Date:(Signature) By
Printed name of SELLER:
! erinteO Name of Legally Authorized Signer Title, if applicable, I tr uone THAN TWo SIGNERS, USE Additional Signature Addendum (C.A.R. Form ASA) st
RPA12t2't (PAGE 15 OF 16) Buyer's lnitials Selleds lnitials X I cALtFORNtA RESIDENTTAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 1s OF 16) Produced with Lone Wotf Transac{ions (ipForm Edition) 717 N HaMood St, Suite 2200, Dallas, TX 75201 Wlledlgal! Cesr Eli* No Counter Offer is being made. This offer was not accepted by Seller (date) Seller's lnitials
OFFER NOT ACCEPTED:
AuthenftFUHBiff ?fff{?8E8|trfl 83fEajlfi s$#88t r-ancaster. cr g3s3s Dale: Aoril25.2022 PRESENTATION OF OFFER: Seller's Brokerage Firm presented this offer to Seller on Agent or Seller lnitials
(date).
€) 2021, Califomia Association of REALTORS@, lnc. United States copyright law (fite 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 OUALIFIED 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@. lt 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 CALTFORIVIA ASSOCIATION OF REALIORS@ 525 South Virgil Avenue, Los Angeles, Califomia 90020
RPA12t21(PAGE 16 OF r6) Buyer's lnitials Seller's lnitials X ______J CALTFORNIA RESTDENTTAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 16 OF 16) Produ@d with Lone Wolf Transactions (zipForm Edition) 717 N Haruood St, Suite 2200, Dallas, TX 75201 ww.kollcom Cesar Elis s
'l
1. 2.
3. REAL ESTATE BROKERS SECTION:
Real Estate Agents are not parties to the Agreement between Buyer and Seller.
Agency relationships are confinned as stated in paragraph 2.
Cooperating Broker Compensation: Seller's Broker agrees to pay Buyer's Broker and Buyer's Broker agrees to accept, out of Selle/s Broke/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. lf 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.
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.
Agents' Signatures and designated electronic delivery address:
4. 5.
A. Bu Lic. # 01200081
By Lic. # O21O2346 04t25t2022L'AIE
By 412512022 9:45:39 PM GMT Lic. # Date
More than one agent from the same firm represents Buyer. Additional Agent Acknowledgement (C.A.R. Form AAA) attached.
More than one brokerage firm represents Buyer. Additional BrokerAcknowledgement (C.A.R. Form ABA) attached.
Designated Electronic Delivery Address(es):
Email Text #
Alternate
! if checked, Delivery shall be made to the alternate designated electronic delivery address only Address 19O Siena Ct Ste 8214 City Palmdale State CA Zip 93550-7611 B. Selle/s Brokerage Firm Coldwell Banker-A Haftvio Co. Lic. # 00450461 By
By
Dennis Greer Lic. # 00758955 Date
Lic. # Date
nn
More than one agent from the same firm represents Seller. Additional Agent Acknowledgement (C.A.R. Form AAA) attached 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 Selleds Agent):
Email Text #
Alternate:
f if chect<ed, Delivery shall be made to the alternate designated electronic delivery address only.
Address 43912 N. 20th St. West City Lancaster State CA Zip 9353tt 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 { 9 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions.
EscrowHolderisadvisedbythatthedateofAcceptanceoftheAgreementis Escrow Holder Seller sChoice Escrow #
By Date
Address
Phone/FaxlE-mail
Escrow Holder has the following license number #
! Department of Financial Protection and lnnovation, ! Department of lnsurance, I Department of Real Estate.
L
I
c
-*"ry 9-83CF481 D-9488-C80B57Fl 7D51
CALiFORNIA
ASSOCIATION
OF REALTORSO
BUYER'S INVESTIGATION ADVISORY
(G.A.R. Form BlA, Revised l2121)
Property Address 45534 E
'th
Street, Lancaster, CA 93s3s
1. IMPORTANCE OF PROPERW INVESTIGATION: The physical condition of the land and improvements being purchased is not guaranteed by either Seller or Brokers. You 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 general physical inspection typically does not cover all aspects of the Property nor items affecting the Property that are not physically located on the Property. lf 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. lf 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 LIMITED TO THE FOLLOWNG. 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: WateT and utility availabilfty, 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.
l. 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.
O 202'1, Califomia Association of REALTORS@, lnc.
BtA REV|SED 12t21(PAGE 1 OF 2)
Renwick Properties, 190 Sierm Ct. St. 8206 Palmdale CA 93a50 Phone: (661) t6045?7 Metik Olivier Produced with Lone Wolf Transactions (zipFom Edition) 717 N HaMood St, Suite 2200, Dallas, TX 75201 Fax:
w.lwdlcom
Cesr Elias
BUYER'S INVESTIGATION ADVISORY BIA PAGE ,l OF
Authentisign lD: 2E766Al 9a3CF-{8
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, underctand, accept and have received a Copy of this Advisory B ns are encouraged to read it carefully
Buyer
Buyer
qfl AinS Date o4t25t2022
EliaS Date 04t2st2022
4 t 25t 2022 9:39:.54 P M G MT
@ 2021, Califomia Association of REALTORS@, Inc. United States copyright law (Tiile 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 cRltroRruth AssoctATtoN oF REALToRS@. No REPRESENTAT|oN ts MADE AS To rHE LEGAL vALtDtrY oR AccuRACY oF ANY PRovlsloN lN ANY sPEclFlc 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 Califomia Association of REALTORS@. lt 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 SUSINESS SERVICES, LLC.
a subsidiary of the CAL,FOR/V/A ASSOCIATION OF REALTORS@ 525 South Virgil Avenue, Los Angeles, Califomia 90020
BrA REVTSED 12t21(PAGE2OF 2l
BUYER'S INVESTIGATION ADVISORY (BlA PAGE 2OF 2)
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CALIFORNIA CONSUMER PRIVACY ACT ADVISORY,
DISCLOSURE AND NOTICE
(C.A.R Form CCPA, Revised 1221)
The California Consumer Privacy Act (commencing with Civil Code S 1798.100) ('CCPA") grants to California residents certain rights in their private, personal information ("P1") that is collected by companies with whom they do business.
Under the CCPA, Pl is defined broadly to encompass non-public records information that could reasonably be linked directly or indirectly to you. Pl could potentially include photographs of, or sales information about, your property.
During the process of buying and selling real estate your Pl 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 Pl, including the right to know what Pl is collected, "opt out" or stop the transfer of your Pl to others, and the right to request that the business delete your Pl entirely. 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 Pl are obligated to comply with the CCPA. Also, even businesses that are otherwise covered under the CCPA may have a legal obligation to maintain Pl, 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. lf 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 J ustice (oag.ca. gov/privacy/ccpa).
l/we acknowledge receipt of a this Galifornia Consumer Privacy Act Advisory, Disclosure and Notice. eUflrJ Date o4t2st2o22
Buyer/Seller/Landlord/Tenant
PM GMT
Buyer/Seller/Landlord/Tenant Date o4t25t2022
PM GMT
form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE cRLtronrutn nssoctATtoN oF nenlronso. No REPRESENTAT|oN ls MADE AS To rHE LEGAL vALtDtrY oR AccuRACY oF ANY PRovlsloN lN ANY sPEclFlc 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 Califomia Association of REALTORS@. lt 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 CALIFORA,IA ASSOCIATION OF REALIORS@ 525 South Virgil Avenue, Los Angeles, Califomia 90020
ccPA REVISED 12t21(PAGE 1 OF 1)
A'L
CALIFORNIA CONSUMER PRIVACY PAGE 1 OF 1
Retrwick Properti6, 190 Sicrh Ct Stc F206 Palmdal. CA 93550 Phone: (56f) t60-457 Melik Oliviei Prcduced with Lone Wolf TEnsaclions (zipFom Edition) 717 N Haruood St, Suite 2200, Dallas, TX 75201 Fax:
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Authentisign lD: 2E766Al 9-83CF481 D-9A88-C80B57Ft 7D5l
CALIFORNIA
AS SOC IATION
OF REALTORS€
TEXT OVERFLOW ADDENDUM No.
(C.A.R. Form TOA, Revised 6/16)
45534 E ith Streel
1 (,'property,,),
This addendum is given in connection with the property known as in which
and
Cesar Elias, Santiaqo Elias
Owner of Record
Lancaster, CA 93535
is referred to as ("Buyer'')
is referred to as ("Selle/')
1) RPA, Q(2), Report:
Termite & Secfion 7 Clearance
which
Buyer
Buyer
Seller
The foregoing terms and conditions are hereby incorporated in and made a part of the paragraph(s) referred to in the document to The undersigned acknowledge receipt of a copy of this TOA.
Date 04n5t2o22
04t25t2022L'AIE
PM GMT
Date
Owner of Record
Seller Date
@2014, Califomia Association of REALTORS@, lnc. 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@ (C,A.R.). 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 C.A.R. lt is not intended to identify the user as a REALTOR@.
REALTOR@ is a registered collective memberchip mart which may be used only by members of ihe NATIONAL ASSOCIATION OF REALTORS@ who subscribe to its Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the Califomia Associatrbn of REALIORS@
525 South Virgil Avenue, Los Angeles, Califomia 90020
TOA REVISED 6/16 (PAGE 1 OF r)
1 1
Reffiick Prcpedies, 190 Siera Ct. Ste FZ)6 Pa.lmdrle CA 93550 Phone: (661) t60-4577 Fax:
Melik Olivier Produced with Lone Wolf TEnsactions (zipFom Edition) 717 N Haruood St, Suite 2200, Dallas, TX 7520'l ww.Mdf.com Ceer Elias
STAFF REPORT
City of Lancaster
NB 1
5/24/2022
JC
Date: May 24, 2022
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director – Parks, Arts, Recreation & Community Services Subject:Lancaster National Soccer Center Emergency Well Pump Replacement Recommendation:
1. Adopt Resolution No. 22-20, finding that an emergency exits and authorize the repair of the well pump at the Lancaster National Soccer Center (LNSC).
2. Authorize the use of Emergency Contracting Procedures per Public Contract Code 22035 & 22050.
3. Authorize award of contract for Emergency Well Pump Replacement, to Legend Pump & Well Service, Inc., of San Bernardino, CA in the amount of $138,831 plus a 20% contingency, to remove and replace the well pump currently providing water to irrigate the Lancaster National Soccer Center.
4. Authorize the City Manager, or his designee, to sign all documents associated with these repairs.
Fiscal Impact:
$166,597.20 (including 20% contingency) to be awarded. These funds are currently available in FY 21/22 budget in account 227-17GB001924.
Background:
The Lancaster National Soccer Center was opened to the public in 1995. LNSC is home to 35 soccer fields and 29 practice fields. These fields are used daily for local recreational league soccer practice, and on weekends for recreational and regional soccer tournaments. It is currently one of the largest recreational soccer facilities in Los Angeles County. 9 1
1 LNSC is irrigated by an onsite well, which is powered by a 150 Horse Power Pump. This pump stopped working on April 26, 2022. Immediately, Legend Pump & Well Service, Inc., was called out for emergency service and inspection. Inspection work was performed (which costs are included in this authorization), and it was determined the well pump needs to be replaced. A quote for replacement parts and installation was provided by Legends Pump & Well Service, Inc. The quote exceeds the amount specified in Section 22032(b) of the California Public Contract Code, which would require the contract to be bid by Informal Bidding Procedure. This procedure would extend award 4-6 weeks.
The repair of the well pump is of the essence to preserve the turf. The well pumps approximately 1,000 gallons of water per minute, whereas the back up well only pumps approximately 400-500 gallons per minute. As we enter into the warmer months, time is of essence, as a delay of 4-6 weeks for bidding, could result in the loss of over half a million dollars of athletic turf due to lack of adequate water. Additionally, there are several regional soccer tournaments scheduled this summer, in addition to local league use. If the turf needs to be removed and replaced, the fields will be unusable for 2-3 months, resulting in lost revenue for tournaments, leagues, and City tourism dollars.
Upon review of Legends proposal, timeline for installation, and cost, staff is confident Legends Pump & Well Service, Inc., is a highly qualified and responsive contractor, that is capable of completing this project as required to protect the City assets.
Attachment:
Resolution No. 22-20– Repair of Certain Public Facilities without Competitive Bidding RESOLUTION NO. 22-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER
FINDING THAT AN EMERGENCY EXISTS AND AUTHORIZING THE REPAIR OF
CERTAIN PUBLIC FACILITIES WITHOUT COMPETITIVE BIDDING
WHEREAS, the Lancaster National Soccer Center was opened to the public in 1995 and is home to 35 soccer fields and 29 practice fields; and WHEREAS, the fields at the Lancaster National Soccer Center are used daily for local recreational league soccer practice, and on weekends for recreational and regional soccer tournaments; and
WHEREAS, Lancaster National Soccer Center is currently one of the largest recreational soccer facilities in Los Angeles County; and
WHEREAS, the fields at the Lancaster National Soccer Center are irrigated by an onsite well powered by a 150-horse power pump that stopped working on April 26, 2022 (the “failed pump”); and
WHEREAS, the City staff immediately sought emergency service and inspection by a reputable pump and well servicing company, that provided a quote for replacement parts and installation in an amount in excess of the amount specified in 22032(b) of the California Public Contract Code and would ordinarily require the contract to be bid by informal bidding procedure; and
WHEREAS, complying with the informal bidding procedure set forth in the California Public Contract Code would delay repairs to the failed pump by four to six weeks; and WHEREAS, a four to six week delay to the repair to the failed pump could result in the loss of over half a million dollars of athletic turf due to lack of adequate water; and WHEREAS, loss of the turf due to lack of adequate water would render the fields at the Lancaster National Soccer Center unusable for two to three months, resulting in lost revenue for tournaments, leagues, and City tourism dollars as well as impacts to the affected sporting events.
NOW THEREFORE, the City Council of the City of Lancaster does hereby resolve as follows:
Section 1.In accordance with the provisions of Government Code Section 22050, the City Council hereby finds, based on substantial evidence set forth in the Staff Report presented at and set forth in the minutes of this meeting, that the emergency will not permit a delay resulting from informal bidding procedure, and that the action authorized by Section 2 hereof is necessary to respond to the emergency.
Section 2.The City Council hereby authorizes the City Manager or his designee to use Emergency Contracting Procedures per Public Contract Code sections 22035 and 22050 to award a contract for Emergency Well Pump Replacement to Legend Pump & Well Service, Inc., of San Bernardino, CA in the amount of $138,831 plus a 20% contingency, to remove and replace the failed pump at the Lancaster National Soccer Center.
2 4
3 6
PASSED AND ADOPTED by the City Council of the City of Lancaster this 24 th day of May, 2022.
APPROVED:
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss:
CITY OF LANCASTER }
I, _______________, City Clerk of the City of Lancaster do hereby certify that the foregoing Resolution No. 22-20 was duly adopted by the City Council of the City of Lancaster at a regular meeting thereof held on May 24, 2022 and that the same was adopted by the following vote to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_____________________________
CITY CLERK
4849-0710-9055v1/022283-0548
PROCLAMATION
OF THE CITY COUNCIL OF THE CITY OF LANCASTER
PROCLAIMING THE EXISTENCE OF A DANGEROUS
CONDITION ON PUBLIC PROPERTY
STATE ROUTE 14
WHEREAS, State Route-14 (“SR-14”) is the only viable roadway for 500,000 people in the Antelope and Santa Clarita Valleys to access the Los Angeles basin; and WHEREAS, the unsafe current sub-standard configuration of SR-14 is the same as in 1980:
1,600 collisions and more than 30 deaths between 2014 and 2018; and WHEREAS, the sub-standard lane drop configuration has created bottlenecks contributing to more accidents and deaths per capita than other similar facilities across the county and state; and
WHEREAS, the population of Antelope and Santa Clarita Valleys has skyrocketed since 1980; the population of the Antelope Valley has nearly doubled in 30 years; and WHEREAS, the North Los Angeles County Transportation Coalition completed its SR-14 Project Study Report (the “Report”); and
WHEREAS, the Report proposes the following measures to correct the unsafe and substandard configuration of SR-14, including improvements to six locations; and WHEREAS, SR-14 is named the Aerospace Highway because it is a strategic link for national defense and serves as an important roadway for 100,000 aerospace workers who work at Edwards Air Force Base, NASA, and other defense related businesses; and
WHEREAS, the NCTC has proposed to begin work at three project locations over 13 miles estimated to cost $170 million and are located between Golden Valley Road Off-ramp to Newhall Avenue, Agua Dulce Canyon Road Off-ramp to Sand Canyon Road OC, and at Newhall Avenue UC to Golden Valley Road; and
WHEREAS, the California Department of Transportation has, to date, failed to fund the necessary safety improvements to address the unsafe current sub-standard configuration of SR-14.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
Section 1. The unsafe and substandard configuration of SR-14 constitutes a dangerous condition of public property placing users of SR-14 in peril.
Section 2. NCTC and its members, including the City are prepared to continue their efforts to redress the unsafe and substandard configuration of SR-14, however, the California Department of Transportation has, to date, failed to fund the necessary safety improvements to address the unsafe current sub-standard configuration of SR-14.
4849-0710-9055v1/022283-0548
Ratified and approved by the City Council of the City of Lancaster, California on May 24, 2022.
Dated: _____________________________
By: __________________________
R. Rex Parris
Mayor
Lancaster, California