ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8040-8360-03EB4ABE20F8 t-'ropeny 1-\ooress: 4 ,a,r Avenue, LOS ~atos I t,;A :1:,u.Ju Date: May 19, 2026 B. CONDITION OF TITLE: Title 1s taken in its present cond1t1on subJect to all encumbrances, easements, covenants, cond1t1ons, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for: (i) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (ii) those matters which Seller has agreed to remove in writing. For any lien or matter not being transferred upon sale, Seller will take necessary action to deliver title free and clear of such lien or matter.
C. DISCLOSURE TO BUYER: 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.
D, FEDERAL REPORTING REQUIREMENT • GEOGRAPHIC TARGETING ORDER: If Buyer is a legal entity ;md the Pr9perty 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 companys effort to comply with the GTO.
E. SELLER DELIVERY OF INFORMATION: Seller shall, within 7 Days after request, give Escrow Holder necessary information to clear title.
F. DEED AND VESTING: 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 Buyer's vesting instructions. The recording document shall contain Buyer's post0 closing mailing address to enable Buyer's receipt of the recorded conveyance document from the County Recorder. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL.
G. TITLE INSURANCE POLICY: Buyer shall receive an "ALTA Homeowner's Policy of Title Insurance• or equivalent policy of title insurance, if applicable to the type of property and buyer. Escrow Holder shall request this policy. If a AL TA Homeowners Policy of Title Insurance 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 an ALT A Homeowner's Policy and a CL TA Standard Coverage policy and other title policies and enqorsements. Buyer should receive not,ce from the Title Company on its Preliminary (Title) Report of the type of coverage offered. If 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.
14. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing: (C.A.R. Form CR-8, CR-S or CC).
A. SELLER DELIVERY OF DOCUMENTS: Seller shall, within the time specified in paragraph 3N{1), Deliver to Buyer all reports, disclosures and information C'Reports'? for which Seller is responsible to provide to Buyer as specified in paragraphs 7 A, 98(6), 10, 11A, 118, 11C, 110, 111, 11L, 11M, 11N, 110, 11P, 13A, 13C, 24, and, if applicable, C.A.R. Form SWPI.
B. BUYER REVIEW OF DOCUMENTS; REPAIR REQUEST; CONTINGENCY REMOVAL OR CANCELLATF.ON (1) Buyer has the time specified in paragraph 3 to: (i) perform Buyer Investigations; review all disclosures, Reports, lease documents to be assumed by Buyer pursuant to paragraph 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). If Seller does not agree or does not respond, Buyer is not contractually entitled to have the repairs or other requests made and may only cancel based on contingencies in this Agreement. (3) Buyer shall, by the end of the times specified in paragraph 3L (or as Otherwise Agreed), Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement (C.A.R. Form CR-B or CC). Buyer is advised not to remove contingencies related to review of documents until after the documents have been Delivered. If Delivery of any Report occurs after a contractual contingency pertaining to that Report has already been waived or removed, the Delivery of the Report does not revive the contingency but there may be a right to terminate for a subsequent or amended disclosufe under paragraph 11H. • (4) Continuation of Contingency; Even after the end of the time specified in paragraph 3L and before Seller cancels, if al 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 contingency is Delivered to Seller before Seller cancels, Seller may not cancel this Agreement based on that contingency pursuant to paragraph 14C(1 ).
C. SELLER RIGHT TO CANCEL:
(1) SELLER RIGHT TO CANCEL; BUYER CONTINGENCIES: Ir, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applica.ble contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. (2) SELLER RIGHT TO CANCEL; BUYER CONTRACT OBLIGATIONS: Seller, after first Delivering to Buyer a Notice to Buyer to Perform, may cancel this Agreement if, by the time specified in this Agreement, Buyer does not take the following action(s):
(I) Deposit funds as requited by paragraph 30(1) or 30(2) or If the funds deposited pursuant to paragraph 30(1) or 30(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 satisfacl,ory verification if Seller reasonably disapproves of the verification already provided, as required by paragraph 5B or 6A; (v) Deliver a letter as required by paragraph 6B; (vi) In writing assume or accept leases or liens specified in paragraph BH; (vii) Return Statutory and Other Disclosures as required by paragraph 11G; (viii) Cooperate with the title company's effort to comply with the GTO as required by parag.raph 13D; (ix) Provide evidence of authority to Sign in a representative capacity as specified in paragraph 24; (x) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraph 29; or (xi) Perform any additional Buyer contractual obligation(s) included in this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees 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, 1:_s J ~
RPA REVISED 12/25 (PAGE 10 OF 17) Buyer's Initials ~ ___ Seller's Initials --~' ___ ~ CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 10 OF -17) Produced with L011e Wolf Transactions (zipForm Edition) 717 N Harwood St, Su~e 2200, Dalles, TX 75201 WWW t,yotfoom 1021 Now
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4O-836D-03EB4ABE20FB l"'ropeny Aaaress: 4 , a,r Avenue, LOS 1.:1aros I c.."A ~:,uJu Date: May 191 1 2026
D. BUYER RIGHT TO CANCEL:
(1) BUYER RIGHT TO CANCEL; SELLER CONTINGENCIES: If, by the time specified in this Agreement, Seller does not Deliver to Buyer a removal of the appUcable contingency or cancellation of this Agreement, then Buyer, after first Delivering to Seller a Notice to Selle:rto Perform (CAR. Form NSP), may cancel this Agreement. In 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: If, by the time specified, Seller has not Delivered any item specified in paragraph 3N(1). or Seller has not performed any Seller contractual obligation included in this Agreement by the time specified, Buyer, after first Delivering lo Selle.r a Notice to Seller to Perform, may cancel this Agreement. (3} BUYER RIGHT TO CANCEL; BUYER CONTINGENCIES: Buyer may caocel this Agreement by good faith exercise of any Buyer contingency included in paragraph 8, or Otherwise Agreed, so long as that contingency has not already been removed in writing.
E. NOTICE TO BUYER OR SELLER TO PERFORM: The Notice to Buyer to Perform or Notice to Seller to Perform shall: (i) be in writing; (ii) be Signed by the applicable Buyer or Seller; and (iii) give the other Party at least 2 Days after Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A Notice to Buyer to Perform or Notice to Seller to Perform may not be Delivered any earlier than 2 Days prior to the Scheduled Performance Day to remove a contingency or cancel thjs Agreement or meet an obligation specified in paragraph 14, except for Close of Escrow Which shall be Delivered under the terms of paragraph 14G, whether or not the Scheduled Performance Day falls on a Saturday, Sunday or legal holiday. If a Notice to Buyer to Perform or Notice to Seller to Perform is incorrectly Delivered or specifies a time less than the agreed time, the notice shall be deemed invalid and void. However, if the notice is for multiple items, the notice sha'II be valid for all contingencies and contractual actions for which the Delivery of the notice is within the time permitted in the Agreement and void as to the others. Seller or Buyer shall be required to Deliver a new Notice to Buyer to Perform or Notice to Seller to Perform with the specified timeframe.
F. EFFECT OF REMOVAL OF CONTINGENCIES:
(1) REMOVAL OF BUYER CONTINGENCIES: If Buyer removes any contingency or cancellation rights, unless otherwise Agreed, Buyer shall condusively be deemed to have: (i) completed all Buyer Investigations, and review of Reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and expense for the non,-delivery of any Reports, disdosures or information outside of Seller's control and for any Repairs or corrections pertaining to that contingency or cancellation right, or for the inability to obtain financing.
(2) RE.MOVAL OF SELLER CONTINGENCIES: If Seller removes any contingency or cancellation rights, unless Otheswise 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 fallure 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 (CAR. Form DCE).
The DCE shall: (i) be Signed by the applicable Buyer or Se.lier; and (ii) give the other Party at least 3 Days after Delivery to dose escrow. A DCE may not be Delivered any ear1ier than 3 Days pnor to the Scheduled Performance Day for the Close Of Escrow.
If a DCE is incorrectly Delivered or specifies a time less than the above timeframe, the DCE shall be deemed invalid and void, and Seller or Buyer shall be required to Deliver a new DCE.
H. EFFECT OF CANCELLA TIO:N ON DEPOSITS: If Buyer or Seller gives written notice .of cancellation pursuant to rights duJy exercised under the terms of this Agreement, the Parties agree to Sign and Deliver mutual instructions to cancel the. sale and escrow and release deposits, if any, to the Party entitled to the funds, less (i) fees and costs paid by Escrow Holder on behalf of that Party, if required by this Agreement; and (ii) any escrow fee charged to that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. A release of funds will require mutual Signed release instructions from the Parties, judicial decision or arbitration award. A Party may be subject to a civil penalty of up to $11 ,000 for refusal to Sign cancellation instructions if no good faith dispute exists as to which Party is entitled to the deposited funds (Civil Code§ 1057.3). Note: Neither Agents nor Escrow Holder are qualified to provide any opinion on whether either Party has acted in good faith or which Party is entitled to the deposited funds. Buyer and Seller are advised to seek the advice of a qualified California real estate attorney regarding this matter.
15. REPAIRS: Repairs shall be completed prior to final verification of condition unless Otherwise Agreed. Repairs to be performed a1 Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing mate,rials. 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 (iili) 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 mak:e a final verification of the Property condition within the time specified in paragraph 3.J, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuan~ to paragraph 7B; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller's other obligations under this Agteement (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 to third parties. HOA regular assessments due prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello-Roos and other s ·pecial Assessment District bonds and assessments that are now a lien. Seller shall pay any HOA special or emergency assessments due prior to Close Of Escrow, The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello-Roos and other Special Assessment District bonds and assessments and HOA special or emergency assessments that are due after Close Of Escrow, Property will be reassessed upon change of ownership. Any supplemental tax bills delivered to Escrow Holder prior to closing shall be prorated and paid as follows: (i) for periods affer Close Of Escrow, by Buyer; and ·(ii) for periods prior to Close Of Escrow, by Seller {see CAR. Forrn SPT or SBSA for further information). Seller -3gr,ees all service fees, maintenance costs and utility bi!ls will be paid current up and through the date of Close Of Escrow. TAX BILLS AND UTILITY BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED 0IRECTL Y BETWEEN BUYER AND SELLER. Proratioras shall be made based on a 30-day month, RPA REVISED 12/25 (PAGE 11 OF 17) Buyer's lnftialsl,:s
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/ I ___ Seller's Initials ___ _ __ ®
~~~ CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 11 OF 17) Produced with Lona WoWTra!\Sactior,s (iipForm Edrtion) 11np,1a,wooc1 S~ StJRa 2200, Dallas, TX 75201 www !woff com 1011 Nffl
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9--5BF3-BD4O--S36O-03EB4ABE20FB r,v.,t:11y l'\uu1t:;,::. . ., , c1n Mve::riue::, 1-u~ ~dtus , "''"' ::1.11>Jv . Date: May 19, 2026
18. BROKERS AND AGENTS;
A. COMPENSATION:
(1) Broker Compensation: Seller or Buyer, or both, as applicable, agree to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. The amount of compensation, if a percentage, will be based on the final purchase price. Buyer is advised that Buyer's Broker should not receive compensation from any source in excess of the amount in the buyer representation agreement. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. (2) Thir<t party beneficiary; Seller a.cjqlowledges and ~gree~ that Buye(s Broker is a third-party beneficiary of this Agreement and may pursue Seller for failure to pay the amount specified in this Agreement.
B. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Agent (I) Does not decide what price Buyer should pay or Seller should accept; (ii) Does not guarantee the condition of the Property; (iii) Does not guarantee the performance, adequacy or completeness of inspections, seMces, products or repairs provided or made by Seller or others; (Iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Agent; (vi) Shall not be responsible for inspecting public records or permits concerning the titfe or use of Property; (vll) Shall not be responsible for Identifying the location of boundary lines or other items affecting tiile; (viii) Shall not be responsible for verifying square footage, representatiOns of others or information contained in Investigation reports, Multiple Listing Service, advertisements,. flyers or other promotional material; (ix) Shall not be responsible for determining the fair market value of the Property or any personal property included in the sale; (x) Shall not be responsible for providing legal or 1ax advice regarding any aspect o:f a transaction entered into by Buyer or Seller; and (XI) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity.
Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. 119. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER:
A. ESCROW INSTRUCTION PARAGRAPHS: The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3A, 3B, 3D-G, 3N(2), 3Q, 3R, 4A, 48, 5A(1-2) 5D, 5E, 108(2)(A), 108(3), 10C, 111, 11M(2), 13 (except 13C), 14H, 17, 18A, 19, 23, 24, 25, 28, 32, and 33. The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the informatiorn of Escrow Holder, but about which Escrow Holder need not be concerned.
B. ESCROW HOLDER GENERAL PROVISIONS: 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 1hat 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 mainagement company or others any fee required by paragraphs 3, 8, 10, 11 , or elsewhere in this Agreement.
C. COPIES; STATEMENT OF INFORMATION; TAX WITHHOLDING INSTRUCTIONS: A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within 3 Days after Acceptance. Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller's Statement of Information to Title Company when received from Seller, if a separate company is providing title insurance. If Seller delivers an affidavit to Escrow Holder to satisfy Seller's FIRPTA obligation under paragraph 111, Escrow Holder shall deliver lo Buyer, Buyer's Agent, and Seller's Agent a Qualified Substitute statement that complies with federal Law. If Escrow Hold~r's Q~alified Substitute statement does not comply with federal law, the Parties instruct escrow to withhold all applicable required amounts under paragraph 111.
D. BROKER COMPENSATION:
(1) PAYMENT: Agents are not a party to the escrow, except for Brokers for the sole purpose of compensation pursuant to paragraph 18A. If a Copy of the separate compensation agreement(s), including if applicable paragraph 3G(3) of this Agreement, is deposited with Escrow Holder by Agent, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s). Buyer's obli~ation to pay Buyer's Brok~r shall ~ o~et by any amount that S~ller pays B1:1yer's Broker. Buyer and Sel\er irrevocably asstgn to Brol<ers compensation specrfied 1n paragraph 18A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only witll the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement.
(2) COMPENSATION DISCLOSURE: Escrow Holder shall provide to Buyer a closing statement or other written documentation disclosing the amount of compensation paid to Buyer's Broker. Escrow Holder shall provide to Seller a dosing statement or other written documentation disclosing: (i) the amount of compehsation paid to Sellers Brokert.. and (ii) if applicable pursuant to paragraph 3G(3) or other mutual instruction of the parties, the amount paid by Seller for 1:1uyer's Bmker compensation. Escrow Holder's obligation pursuant lo pa~graph 19D, is not intended to alter any preexisting practice of Escrow Holder to lssue, as applicable, joint or separate closing statements. Escrow Holder's obligation pursuant to paragraph 19D is independent of, but may be satisfied by. any closing statement mandated by Buyer's lender.
E. INVOICES: 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 wlthin a sufficient time to close escrow, whichever is sooner, shall provide any such invoices to Escrow Holder.
F. VERIFICATION OF DEPOSIT: Upon receipt, Escrow Holder shall provide Buyer, Seller, and each Agent verification of Buyer's deposit of funds pursuant to paragraph 5A(1) and· C.A.R. Form IDA. Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notify each Agent: (I) if Buyer's initial or any additional deposit or down payment is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or (ii) if Buyer and Seller instruct Escrow Holder to cancel escrow.
G. DELIVERY OF AMENDMENTS: A copy of any amendment that affects any patagraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days after mutual execution of the amendment.
RPA REVISED 12/25 (PAGE 12 OF 17) Buyer'slnitials~/ ___ Seller's lnitials --~ ___ ® ,,.,, .. ,,, ....
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 12 OF 17) Produced With Lene Wolf Transactio,:,s (zlpFomi Ed~ion) 717 N Harwood. St Su~e 2200, Dallas: TX 75201 WWW !wolf 0QCI 2021 N, ,.
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8O4O-836O-03EB4ABE20F8 t'ropeny 1'\0oress: 4 , a,r Avenue, LOS uatos I l,;A 11:,u.1u Date: May 19', 2026
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 a nd 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 (coll~ctively_. "Images") or o~her infof!Tlation ~bout the Prope,:tY tha. t has been or will be input into the ML~ or i~tem~t portals, or both, at the instruction of Seller or 1n compliance with ML$ rules, will not be removed a~er C!ose Of E.scrow; M Califom1,;1 Civil Code § 1088(c) requires the MLS to maintain such Images and information for at least three years and as a result they may be displayed or circulated on the Internet, which cannot be controlled or removed by Seller or Agents; and (iii) Seller, Sellers Agent, Buyer's Agent, and MLS have no obligation or ability to remove such Images or information from the Internet.
22. ATTORNEY FEES AND COSTS: In any Legal Action between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non-prevailing Buyer or Seller, except as provided in paragraph 30A.
23. ASSIGNMENT!NOMINATION: Buyer shall have the right to assign all of Buyer's interest in this Agreement to Buyer's wholly-owned entity or trust that exists at the time of such assignment. Otherwise, Buyer shall not assign all or any part of Buyer's ihterest in this Agreement without fir$t obtaining Seller's separate written consent to a specified assignee (C.A.R. Form AOAA). Buyer shall, within the time specified in paragraph 3K, Deliver to Seller any request to assign this Agreement. Seller shall not unreasonably withhold such consent. Prior to any assignment, Buyer shall disclose to Seller the name of the assignee and the amount of any monetary consideration between Buyer and assignee. Seller's withholding of consent shall be deemed reasonable if: (i) Buyer is to receive any monetary or other consideration for the assignment; (ii) Buyer makes any misrepresentation(s) to Seller about any aspect of the assignment; or (iii) Buyer Delivers an assignment request to Seller after the time specified in paragraph 3K. Buyer shall provide assignee with all documents related to this Agreement including, but not limited to, the Agreement and any disclosures. If assignee is Buyer's wholly-owned entity or trust, that assignee does not need to re-sign or initial all documents provided. Whether or not an assignment requires seller's consent, at the time of assignment, assignee. shall deliver a letter from assignee's lender stating assignee is preapproved or prequalified as specified in paragraph 68. Should assignee fail to deliver such letter, Seller, after first giving assignee a Notice to Buyer to Perfonn, may terminate the assignment. Any total or partial assignment shall not relieve Buyer of Buyer's obligations pursuant to this Agreement unless Otherwise Agreed by Seller. Parties shall provide any assignment agreement to Escrow Holder within 1 Day after the assignment. Any nomination by Buyer shall be subject to the same procedures, requirements, and terms as an assignment, as specified in this paragraph. 24. LEGALLY AUTHORIZED SIGNER: Wherever the si_gnature or initials of the Legally Authorized Signer identified in paragraphs 32 or 33 appear on this Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an i'ndividual capacity, unless otherwise indicated. The Legally Authorized Signer(i) represents that the, entity for which that person is acting already exists and is in good standing to do business in California; and (ii) shall Deliver to the other Party and Escrow Holder, within 3 Days after Acceptance, evidence of authority to act in that capacity (such as but not limited to: applicable portion of the trust or Certification Of Trust (Probate Code§ 18100.5)), fetters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity). 25. DEFINITIONS and INSTRUCTIONS: The folfowing words are defined terms in this Agreement, shall be indicated by initial capital letters throughout this Agreement, and have the following meaning whenever used:
A. "Acceptance" means the time the. offer or final counter offer is fully executed, in writing, by the recipient Party and is Delivered to the offering Party or that Party's Authorized Agent.
8. "Agent" means the Broker, salesperson, broker-associate or any other real estate licensee licensed under the brokerage firm 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 an Parties.
D. "As-ls" co•ndltion: 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. Fonn" means the most current version of the specific fom1 referenced or another comparable form agreed to by the Parties.
G. "Close Of Escrow" , induding "COE", means the date the grant deed, or other evidence of transfer of litle, Is l!'ecorded for any real property., or the date of Delivery of a document evidencing the transfer of tiUe for any non-real property transaction.
H. "Copy" means copy by any means including photocopy, facsimile and electronic.
I. Counting Days is done as follows unless Otherwise Agreed: (1) The first Day after an event is the first full calendar date following the event, and ending at 11:59 pm. For example, if a Notice to Buyer to Perform (CAR. 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 mohth, then the 7th is Day ~o• for purposes of counting days to respond to the NBP or calculating the Close Of Escrow date or contingency removal dates and the 8th of the month is Day 1 for those same purposes. {2) All calendar days are counted in establishing the first Day after an event. (3) All calendar days are counted in determining the date upon which performance must be completed, ending at 11 :59 pm on the last day for performance ("Scheduled Performance Day"). (4) Consistent with California Civil Code § 11, after Acceptance, if the Schedulad Performance Day for any act required by this Agreement, including Close Of Escrow, lands on a Saturday, Sunday, or legal Holiday, the performing party shall be allowed to perform on the next day that is not a Saturday, Sunday or Legal Holiday ("Allowable Performance· Day"), and ending at 11 :59 pm. "legal Holiday" shall mean any holiday or optional bank holiday under Civil Code§§ 7 and 7.1, any holiday under Govemrment Code § 6700. (5) For the purposes of COE, any day that the Recorder's office in the County where the Property is located is closed or any day that the lender or Escrow Holder under this Agr,eement is closed, the COE shall occur on the next day the Recorder's office ih that County, the lender, and the Escrow Holder is open. (6) COE is considered Day O 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.
RPA
CALIFORNIA
REVISED 12/25
RESIDENTIAL
(PAGE 13 OF
PURCHASE
17)
AGREEMENT
Buyer's Initials ~
AND
s
JOINT
___
ESCROW INSTRUCTIONS
Seller's Initials ___
(RPA PAGE
___
13 OF
~ --- -17) Produced with Looe Wo~ Trarisac!Jons {zipl'om:, Ecf~ion) 717 N Harwood Sl Su~e 2200, OaNas. TX 75:201 ww« two~oom ~Cnt New
ITEM NO. 24.
Docusigo Envelope ID: 6A3836A9-58FJ.8O4O-836O-03EB4ABE20F8 t-'rope11y 1-\aaress: 4 , a,r Avenue, LOS baros I c...-A ::,:,u.su Date: May 191 1 2026
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). A document, or as applicable link to a document, shall be deemed to be "in possession" if it is located in the inbox for the applicable Party or Authorized Agent; or (ii) an Electronic Copy of the document, or as applicable, link to the document, has been sent to the designated electronic delivery address specified in the Real Estate Broker Section, unless Otherwise Agreed in C.A.R. Form DEDA. After Acceptance, Agent may change the designated electronic delivery address for that Agent by, in writing, Delivering notice of th@ change in designated electronic delivery address to the other Party (C.A.R. Form DEDA). Links could be, for example, to DropBox or Google Drive or other functionally equivalent program. If the recipient of a link is unable or unwilling to open the link or download the documents or otherwise prefers Delivery of the documents qirectly, Recipient of a link shall notify the sender In writing, within 3 Days after Delivery of the link (CAR. Form RFR). In such case, Delivery shall be effective upon Delivery of the documents and not the link. Failure to notify sender within the time specified above shall be deemed consent to receive, and recipient opening, the document by link.
L "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature· complying with California Law. Unless Otherwise Agreed, Buyer and Seller agree to the use of Electronic Signatures. Buyer and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other Party. M. "Law'' means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency.
N. "Legal Action" means a lawsuit or legal proceeding in arbitration or court.
0. "Legally Authorized Signer" means an individual who has authority to Sign for the principal as specified in paragraph 32 or paragraph 33.
P. "Otherwise Agreed" means an agreement in writing, signed by both Parties and Delivered to each.
Q. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement.
R. "'Sign" or "Signed" means either a handwritten or Electronic Signature on an original document, Copy or any counterpart.
26. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti-discrimination Laws.
27. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the terms and conditions herein. The indiYiduaJ Liquidated Damages and Arbitration of Disputes paragraphs are incorporated in this Agreement if initialed by all Parties or if incorporated by mutual agreement in a counter offer or addendum. If at least one but not all Parties in'ltial, a counter offer is required untll agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to Acceptance and to market the Property for backup offers after Acceptance. The Parties have read and acknowledge receipt of a Copy of the offer and agree to the confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. By Signing this offer or any document in the transaction, the Party Signing the document is deemed to have read the document in its entirety. 28, TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the Parties are incorporated in 1his Agreement. Its terms are intended by the Parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement:.
If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as Otherwise Agreed, this Agreement shall be interpreted, and disputes shall be resolved in accordance with the Laws of the State of California. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller.
REMAINDER C>F THIS PAGE INTENTIONALLY LEFT BLANK
PROCEED 170 NEXT PAGE
RPA REVISED 12/25 (PAGE 14 OF 17}
DS
Buyer's Initials ___ Seller's Initials ------'- ___ 1=) ~~
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 14 OF 17) Produced with Lone WolfTransaciions (zipForm Edalon) 717 N Harwood S~ Suite 2200, Dallas, TX 75201 www twotr com 2021 New
ITEM NO. 24.
Docusigo Envelope ID: 6A3B36A9-58F3-8O4O-836O-03EB4ABE20F8 t"'ropeny 1-\oaress: 4 1 a,r Avenue, LOS baros 1 1.,"A :1::,u.su Date: May 19, 2026
29. LIQUIDATED DAMAGES (By initialing in the space below, you are agreeing to Liquidated Damages):
If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. If the Property is a dwelling with no more than four units, one of which Buyer intends to occupy, then the amount retained shall be no more than 3% of the purchase price. Any excess shall be returned to Buyer. Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT THE TIME OF ANY INCREASED DEPOSIT BUYER ANO
SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION INCORPORATING, THE INCREASED DEPOSIT AS LIQUIDATED DA~S (C.A.R. FORM DID).
Buyer's Initials~ - - - Seller's Initials ___ / __ _
30. MEDIATION:
A. The Parties agree to mediate any dispute or daim 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 CAR. Dispute Resolution Center for Real Estate (www.consumennediation.org) or through any other mediation provider or service mutually agreed to by the Parties.
The Parties also agree to mediate any disputes or claims with Agents(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Agent Mediation fees, if any, shall be divided equally among the Parties involved, and shall be recoverable under the prevailing party attorney fees clause. If, for any dispute or claim to, which this paragraph applies. any Party (i) commences Legal Action without first attempting to resolve the matter through mediation, or (ii) before commencement of Legal Action, refuses to mediate aft.er a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. a·. ADDITIONAL MEDIATION TERMS: (i) Exclusions from this mediation agreement are specified in paragraph 31B; (ii) The obligation to mediate does not preclude the right of either Party to seek a preservation of rights under paragraph 31C; and (iii) Agent's rights and obligations .are further specified in paragraph 31D. These terms apply even if the Arbitration of Disputes paragraph is not initial.ed.
31. 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 dlsp1.1tes or claims with Agents(s), who, in writing, agree to such arbitration prior to, or wit:hin a reasonable time after, the dispute or claim 1is presented to the Agent The arbitration shall be conducted through any arbitration provider or service mutually agreed to by the Parties. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the Parties mutually agree to a different arbitrator. Enforcement of, and any motion to comp.el arbitration pursuant to, this agreement to arbitrate shall be governed by the procedural rules of the Federal Arbitration Act, and not the California Arbitration Act, notwithstanding any language seemingly to the contrary in this Agreement. The Parties shall have the right to discovery in accordance with Code of Civil Procedure § 1283.05. The arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction.
B. EXCLUSIONS: The following matters are excluded from media.tion 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 nonjudicial foreclos1.1re or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code § 2986.
C. PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: (i) the filing of a court action to preserve a statute of limitations; (ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional! remedies, provided the filing party concurreht with, or Immediately after such filing makes a request to the court for a stay of litigation pending any applicable mediation or arbitration proceeding; or (iii) the filing of a mechanic's lien.
D. AGENTS: Agents shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing ..
Any Agents(s) participating in mediation or arbitration shall not be deemed a party to this Agreement.
E. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY
NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING
IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES• PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU
MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION."
Buyer's Initials ___ / __ _ Seller's Initials _____ _
RPA REVISED 12125 (PAGE 15 OF 17) Buyer's Initials
~
r;"' / /___ Seller's Initials --~ _ __ ®
~"l~
CALIFORNIA. RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW' INSTRUCTIONS (RPA PAGE 15 OF 17) ProdUced with Lone Woff Transacilons (zlpForm Edition) 71 7 N Harwood S~ Su~e 2200, Dallas. 1X 75201 www two!( ppm 2021 Nnr
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8O4O-836O-03EB4ABE20FB r I V ... 1::1 lY l'\UUI 1;:::,::, • .,, , <Ill M Vt:IIUI:#, 1-u:. "•UU~ I "''"' /1:;;JIIJV Date: May 19, 2026
32. 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 B1.1yer's AvthorizAd Agent. SeHer h.is no oblig.ition to respond to ~n offer made, B. 0 ENTITY :BUYERS: (Note: If this paragraph .is completed, a Representative Capacity Signature Disclosure (C.A.R.
Form RCSD) is not required for the LegaJly Authorized Signers designated below.) (1) Non-Individual (entity) Buyers: One or more Buyers is a trust, corporation, lLC, probate estate, partnership, holding a power of attorney or other entity.
(2) Full entity name: The following is the full name of the entity (if a trust, enter the complete trust name; if under probate, enter full name of the estate, including case #): ________________________ _ (3) Contractual Identity of Buyer: For purposes of this Agreement, when the name described below is used, it shall be deemed to be the full entity name.
(A) ,If a trust: ihe trustee(s) of the trust or a simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust);
(B) If Property is sold under the jurisdiction of a probate court: The name of the executor or administrator, or a simplified probate name (John Doe, executor, or Estate (or Conservatorship) of John Doe). (4) Legally Authorized Signer:
(A) This Agreement is being Signed by a l egally Authorized Signer in a representative capacity and not for him/herself as an individual. See paragraph 24 for additional terms.
(B) The name(s) of the Legally Authorized Signer(s) is/are:---,---,---,--,---,---•----,-..,,.--...,..,--,----,--~ C. The RPA has 17 pages. Buyer acknowledges receipt of, and has read and understands, every page and all attachments that make up th!\gr~e"l~nt.
(Signature) , - v7x_,__ Date: 05/26/2026
D. BUYERilG ~Tl;iftJ:{~):
Printed "$b&liYuflo~ ra;:..;n""'i-"- sl=a..:.. v....cv;;..:;a""'jdcc.i.;:.. c ___________________________ _ 0 Printed Name of l egally Authorized Signer: ______________ Title,. if applicable, ______ _ (Signature) By, Date: _ _____ _
Printed name of BUYER: _________________________________ _ 0 Printed Name of legally Authorized Signer: ____________ __ Title, if applicable, _ _ ____ _ 0 IF MORE 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.
B
Seller Counter Offer (C.A.R. Form SCO or SMCO)
Back-Up Offer Addendum (C.A.R. Fon;; BUO)
B. ~ ENTITY SELLERS: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure form (C.A.R. Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) Non-Individual (entity) Sellers: One or more Sellers is a trust, corporation, l lC, probate estate, partnership, holding a power of attorney or other entity.
(2) Full entity name: The following is the full name of the entity (if a trust, enter the complete trust name: if under probate, enter full name of the estate, including case#): ~Ti~o~wn~ o~f~L~o~s~G~a~t~os~------------------ (3) Contractual Identity of Seller: For purposes of this Agreement, when the name described below Is used, It shall be deemed to be the full entity name.
(A) If a trust: The trustee(s) of the trust or a simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust);
(B) If Property is sold under the jurisdiction of a probate court: The name of the executor or administrator, or a simplified probate name (John Doe, executor, or Estate (or Conservaforship) of John Doe). (4) Legally Authorized Signer:
(A) This Agreement is being Signed by a le~ally Authorized Signer in a representative capacity and not for him/herself as an individual. See paragraph 24 for additional terms.
(B) The name(s) of the l egally Authorized Signer(s) is/are: Chis Constantin , __________ .
C. The RPA has 17 pages. Seller acknowledges receipt c;>f, and has read and understands, every page and all attachments that make up the Agreement.
D. SELLER SIGNATURE(S):
(Signature) By, ______________________________ Date: ______ _ Printed name of SELLER: """r,"'ow'-'-'-' n-'o~f~L=o~s-'G"-"a=to=sa.__ _________________________ _ IKJ Printed Name of l egally Authorized Signer: ____ ""C""h"'"' is-C~on"'s""t=a~n=tin"--____ Tltle. if applicable. Town Manager (Signature) By, Date: ______ _
Printed name of SELLER: ---------------------------------- □ Printed Name of Legally Authorized Signer: ______________ Title, if applicable, ______ _ 0 IF MORE THAN TWO SIGNERS, USE Additional Signature.Addendum (C.A.R. Form ASA).
RPA REVISED 12/25 (PAGE 16 OF 17) G:r:
~\IQ~
.....,...,,.,
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 16 OF 17) Produced with Lorie v,.lol! Transactions (zip Form Edition) 717 N HEIIWOOd S~. Suite 2200, Dallas. n< 75201 www iwoltcom 2Q2l l\'e,r
ITEM NO. 24.
Oocusign Envelope ID: 6A3836A9-58F3-8040-8360-03EB4ABE20F8 t"'ropeny 1-\aaress: 4 ,a,r Avenue, LOS uaros I c.;A ::J:JU,jCJ
REAL ESTATE BROKERS SECTION
1. Real Estate Agents are not parties to the Agreement between Buyer and Seller.
2. Agency relationships are confirmed as stated in paragraph 2.
Date: May 19, 2026
3. 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.
4. Agents' Signatures and designated electronic delivery address:
A. DRE Lie.# 01918597 e
YJ1JX~£1e~}t:£!fvo Reaftv
Alex D. Lunginovic DRE Uc.# 01136628 Date 05/26/2026
4CD430D43E9A434, - tORE Lie.# Date
Address 14585 Big Basin Wa~ City Saratoga State CA Zip 95010 Email [email protected] Phone# [4081690-3883
~ More than one agent from the same firm represents Buyer. Additional Agent Acknowledgement (CAR. Fonn AAA) attached.
More than one brokerage firm represents Buyer. Additional Broker Acknowledgement (C.A.R. Form ABA) attached.
Designated Electronic Delivery Address(es): Email above or 0 Attached DEDA: If Parties elect to have an alternative Delivery method, such method may be indicated on CAR. Form DEDA. e·. Seller's Brokerage Firm Kosmont Real Estate Services dba Kosmont Realty_ DRE Lie. # 02058445 By Larry J. Kosmont ORE Lie.# 01182660 Date
By ORE Lie.# Date
Address 1601 N. See,ufveda Blvd., #382 City Manhattan Beach State CA Zip 90266 Email /kosmont@J<osmontrea/~.com Phone# (213J507-9000
B More than one agent from the same firm represents Seller. Additional Agent Acknowledgement (CAR. Form AAA) attached.
More than one brokerage firm represents Seller. Additional Broker Acknowledgement (CAR. Form ABA) attached.
Designated Electronic Delivery Address(es) (To be filled out by Seller's Agent): Email above or Attached DEDA: If Parties elect to have an alternative Delivery method, such method may be indicated on CAR. Form DEDA. -
Buyer's ~nitials ~ I Seller's Initials I
ESCROW HOLDER ACKNOWLE0GMENT:
Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, D a deposit in the amount of$ ), Counter Offer numbers and and agrees ta act as Escrow Holder subject to paragraph 19 of this Agreement. any supplemental escrow instructions and the terms of Escrow Holder's general provisions.
Escrow Holder is advised by that the date of Acceptance of the Agreement is Escrow Holder Escrow#
By Date
Address
Phone/Fax/E-mail //
Escrow Holder h~s the following license number#
D Department of Financial Protection and Innovation, 0 Department of Insurance, 0 Department of Real Estate.
PRESENTATION OF OFFER:----''---= Seller's Brokerage Firm presented this offer to Seller on _ _____ (date).
A ent or Seller Initials
OFFER NOT ACCEPTED:----'--- No Counter Offer is being made. This offer was not accepted by Seller _____ (date) Seller's Initials
@2025, California Association of REAL TORS®, Inc. United States copyngh.t law (liUe 17 U.S. Code) forb1ds the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimfle or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REAL TORS®. NO REPRESENTATION IS MADE A$ TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUAUAED 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®.
Published and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC. a subsidiary of the California Association of REAL TORS® 1'.=:t RPA REVISED 12/25 (PAGE 17 OF 17) ~~
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 17 OF 17) Produced With Lona Wolf Trarisaetions (zip Form Editlon) 717 N Harwood S~ Suits 2200, Dallas. TX 75201 www !wolf com 2021 N.,.
ITEM NO. 24.
... Docusign Envelope ID: 6A3B36A9-58F3-8O4D-836O-03EB4ABE20F8 f ~ c,\Li rn~:,;,B FEDERAL REPORTING REQUIREMENT PURCHASE ADDENDUM .. ..Assoc1xnoN (C.A.R. Form FRR-PA, ·Revised 4/26) °9! OFRbALTORS' ~ The following terms and conditions are hereby incorporated in and made a part of the Purchase Agreement ("Agreement"), dated 05/19/2026 , on property k:nown as 4 Tait Avenue, Los Gatos I CA 95030 , ("Property") in which Town of Los Gatos is referred to as ("Seller") and Branis/av Va,idic is referred to as ("Buyer").
This addendum is to be used with a: (i) Residential Purchase Agreement (CAR. Form RPA); (ii) New Construction Purchase Agreement (CAR. Form NCPA); (ill) Vacant Land Purchase Agreement, if the Property will be Improved with a residential dwelling with one to four units (CAR. Form VLPA); (iv) Residential Income Purchase Agreement (C.A.R. Form RIPA), where the income property contains one to four units; or (v) Residential Units Purchase Addendum (CAR. Form RU-PA), where the mixed-use property contains one to four residential units.
1. FEDERAL REPORTING OBLIGATION: Pursuant to rules issued by the Financial Crimes Enforcement Network ("FinCEN") of the U.S. Department of the Treasury ("Treasury"), a "Reporting Person" (typically the escrow or title company responsible for closing) is required to collect, and report to the Treasury, certain information about the Buyer and Seller in the sale of certain real property for the purpose of preventing money laundering. The reporting requirements scheduled to take effect on March 1, 2026 have been suspended due to a federal court ruling in Texas on March 19, 2026. Title and escrow companies may still be collecting, but not reporting, information because of uncertainty regarding their obligations, aod the possibility of an appeal.
2. CONDITIONS FOR WHICH THE REPORTING OBLIGATIONS APPLY: The collection and reporting obligations apply it (i) the property being purchased is real property with one to four residential units or vacant land for which the transferee intends to build residential real property with one to four units, or shares in a cooperative housing corporation; (ii) the buyer is a legal entity or trust and (iii) the buyer is making an "all-cash" purchase or financing the purchase through a bank or other institution that does not have an independent money laundering reporting obligation.
3. REQUIRED REPORTING INFORMATION: The following is a non-exclusive list of the "persons" from whom the Reporting Person is required to collect information as well as the type of information to be collected.
A. Buyers: Entity Buyers, Beneficial Owners of Entity Buyers, Signing Parties of Entity Buyers, Trust Buyers, Entity Trustee of Trust Buyers, and Individual trustees and beneficial owners of Trust Buyers; B. Sellers: Individual sellers, Entity sellers, Trust Sellers, Individual and entity trustees of Trust Sellers; c. Information to be collected: Legal names, dates of birth, dates of execution of trusts, addresses, dbas, citizenship (for trustees or beneficial owners of trust buyers) taxpayer identification numbers ("TIN"), and, if applicable, account number and financial institution name from which payment is made.
4. DELIVERY OF REQUIRED INFORMATION:
A. Buyer and Seller shall, withijn 7 Days after receiving a request for FinCEN information from the Reporting Person for the transaction, deliver to the Reporting Person all necessary information to satisfy the reporting requirements.
B. Buyer and Seller agree to make a good faith effort to acquire such information from any entity, beneficial owner. trustee or signing party that is not Buyer or Seller.
5. CONSEQUENCES OF FAILURE TO PROVIDE REQUESTED INFORMATION:
A. The Reporting Person will not close escrow if the requested information is not provided ln full, regardless of whether due from lBuyer or Seller or another person on their behalf; B. Any Buyer or Seller who fails to provide the requested information for themselves may be in breach of c.ontract.
C. If the Reporting Person requires information from a related third party such as an entity, beneficial owner, signing party, or trustee, and the Reporting Person notifies a Buyer or Seller that the other has failed to provide such information, the performing Buyer or Seller may cancel after first giving the non-performing Buyer or Seller a notice to perform.
By signing below, Buyer and Seller acknowledge that each has read, understands, has received a copy of, and agrees to the terms of this Federal Reporting Requirement Purchase Addendum.
Ooc"Signod bl{:
Buy /JJ.v-.,,_ v7""-- Branislav Vajdic Date 05/26/2026
B D7BDD31621AE407
uyer
Seller
Seller
Date -------
Town of Los Gatos Date -------
Date -------
© 2026, California Association of REALTORS®, loc. United States copyright law (Title 17 U.S. Code) fortfds the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photoeopy mac/'llne or any other means, lneludlng facslmne or computerlZed formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REAL TORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS 11-iE PERSON QUAJ.JflED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This fom, Is made available to real estate professionals through an agreement with or purchase from the California Assoclati"on of REAL TORS®. ~ Published and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC. a subsidiary of the California Assaaiallon pf REAL TORSllil l..:J' FRR-PA REVISED 4126 (PAGE 1 OF 1) ~,'='°
FEDERAL REPORTING REQUIREMENT PURCHASE ADDENDUM FRR-PA PAGE 1 OF 1 Phone: (909)621-<176I Fax:
Prwu~d with Lone WottTtan111<:1lona (.:ipform Editton) 717 N HIIIWOIMI St, SY1t~ 2200, DIIIIM, TX 75201 www.fwpll,com '1021 N~•
ITEM NO. 24.
... Docu&ign Envelope ID: 6A3B36A9-58F3-8O4D-a360-03EB4ABE20F8 '"' CALIFORI\L-\ BUYER'S INVESTIGATION ADVISORY
;\SSOCU Tl ON [C.A.R. Form BIA, Revised 6/25)
~ OF'Rf\ I,TtJ!tS<II
~ 1, IP,1PORTANCE OF PROPERTY INVESTIGATION; Unless otherwise specified in the Agreement, the physical condition of the land and improvements being purchased i's 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 Broker's inspection is a limited visual inspection (see CAR. Form AVID), and a Broker is not qualified to conduct the investigations listed below nor will Broker conduct the investigations checked below by Buyer. For these reasons, you should conduct thorough inspections, investigations, tests, surveys and other studies (Inspections and Investigations) of the Property personally and with appropriate professional's (see CAR. Form SBSA), who should provide written reports of their Inspections. 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. If any pfQfessionals 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 au areas and therefore cannot advise you on many items, such as those listed below. If Broker gives you referrals to other professionals, Broker does not guarantee their performance.
3. YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONIDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY,. INCLUDING BUT NOT LIMITED TO THE FOLLOWING. IF YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS.
A. GENERAL CONDITION OF tHE PROPERTY, lfS SYSti::MS ANO COMPONENtS: i=oundation, 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 vermed by Seller and cannot be verified by Brokers. Fences, hedges, walls, retaining walls and other barriers or markers do not necessarily identify tru~ Property boundaries.
C. WOOD DESTROYING PESTS: Presence of, or conditions likely to lead to the presence of wood destroying pests and organisms.
D, SOil STABILITY: Existence of fill or compacted soil, expansive or contracting soil, susceptibility'to slippage, settling or movement, and the adequacy of drainage. E. WATER AND UTILITIES; WELL SYSTEMS AND COMPONENTS; WASTE DISPOSAL: Water and utility availability, use restrictions and costs. Water quality, adequacy, condition, and performance of well systems and components. The type, size, adequacy, capacity and condition of sewer and septic systems- and components, connection to sewer, and applicable fees.
F. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead-based paint and other lead contamination, radon, methane, other gases, fuel oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials, products, or conditions (including mold (airborne, toxic or otherwise), fungus or similar contaminants).
G. EARTHQUAKES AND FLOODING: Susceptibility of the Property to earthquake/seismic hazards and propensity of the Property to flood.
H. FIRI:, HAZ.ARO, AND OTHER INSURANCE: The availability and cost ot necessary or desired insurance may vary.
The locatiol'I of the Property iii a seismic, flood or fitt'! hazard :zone, al'ld other oonditiolis,. such as the ag.e 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 insurance contingencies.
I. BUILDING PERMITS, ZONING, GOVERNMENTAL REQUIREMENTS, AND ADDRESS: Pennits, inspections, certlflcates, zoning, ottler govemmental llmltatlons, restrictions, and requirements affecting tne 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. Dead bolt 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 barrie~, access alanns, 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 concemin.g other features of the Property.
L. UTILITIES; SEWER; INTERNET: Availability of gas, electric, water, sewer, garbage, internet and other services.
The provider and quality of service may vary by location.
M. SOLAR POWER SYSTEM: The existence of a solar power system; whether it is owned, leased, financed, or otherwise subject to obligations, such as a power purchase agreement or maintenance agreement; the condition of and costs associated with the system.
C 2025, California AasodaUbn of REAL TORS®, Inc.
BIA REVISED 6/25 (PAGE 1 OF 2)
BUYER'S INVESTIGATION AOVISORY BIA PAGE 1 OF2
lullo J111n1it1
Phone: (909)6ZH71SI F11X:
Prodlpld with Looe Wo/J Trani!ldiool (zipF011l1 Edhm) 717 N ~ St. Suite 2200, Dillilla, TX 75201 www t,yoK qom lOllNl'II' Page 992 ITEM NO. 24.
Oocusign Envelope ID: 6A3B36A9-58F3-8O4O-836O-03EB4ABE20F8 N. NEIGHBORHOOD, AREA, SUBDIVISION CONDJTIONS; 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.
Sy signing below, Buyer acknowledges that they have received a copy of this Buyer Investigation Advisory, and they have read and understand Its tenns. Buyer is encouraged to read it carefully.
O
OocuSigned t>y:
Buye /l;v-.- v7,.;,l.___ Branislav Vajdic Date 05/26/2026 0780 D31621/\E40T ..
Buyer __________________________________ Date _ ______ _ @ 2025, California Assoctation of REAL TORS®, In~. United States c;:opyright law (TIiie 17 U.S. Code) forbids the uriaulhorized distribution, di$play and reproduction of lihill form, or any portion thereof, by photocopy machine or any -other me.ans; including facsimile or computerized formais. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATI: B'ROKER IS '"('l;E PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATI: PROFESSIONAL This liiirn is made available to teal estate-pl'OfessiO~ls thftlugfl an ligr'eei'r\ent witl1 or piil'diasii fi'Orn tl'\e CalifOmia AssOcialion of REALTORS®.
Published aod Distribule<f by: REAL ESTATE BUSINESS SERVJCES, LLC. a subsidiary of the California Association of REAL TORS® BIA REVISED 6/25 (PAGE 2 OF 2)
Bl)YER'S INVESTIGATION ADVISORY {BIA PAGE 2 OF 2)
PrQduc:ed with Lone Wonranoacilons (zlpFonn Edition) 717 N H arwcod SI, Sutte 2200. Dallas. TX 75201 www two!! oom ZOl l Now
ITEM NO. 24.
,Docusign Envelope ID: 6A3B36A9-58F3-8D40-a360-03EB4ABE20F8 ~ -~ c.\L.n-OR~J \ POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER • _'>.$SOCIA l [()~ OR SELLER - DISCLOSURE AND CONSENT 'II OF RL\T T ()HS,, - (C.A.R. Fonn PRBS, Revised 6/25) ..
1. BROKER AGENCY RELATIONSHIP WITH MULTIPLE PRINCIPALS: A real estate broker ("Brokerage"), whether a corporation, partnership or sole proprietorship, may legally represent more than one buyer or seller. This multiple representation can occur through a sole proprietor Brokerage; or through a salesperson or broker acting under the Brokerag~s license ("Associate Licensee"). Associate Licensees under a Brokerage's license may be working out of the same or different office locations, and may or may not know one another. Clients of the Brokerage may have similar goals and may compete against each other for the same property or the same pool of prospective buyers. Some buyers and sellers prefer to work: with individual, sole proprietor brokerages, some with brokerages that have multiple licensees, and others with large brokerage companies that have multiple offices and may have a regional, statewide or a national or international presence. Each has its own advantages. It is important for buyers and sellers to understand how the Brokerage representation of multiple buyers or sellers may Impact them under various $ituations.
A. MUL ilPLE BUYERS: Brokerage (individually or through any of its Associate Licensees) may work with many prospective buyers at the same time. These prospective buyers may have an interest fn, and make offers on, the same properties. Some of these properties may be listed by the Brokerage. Whether Brokerage is large or small, it is possible that one Associate-Licensee (agent 1) working with a buyer may not be aware that another Associate~ Licensee (agent 2) is working with a different buyer who is interested in viewing or making an offer on the same property as agent 1's client, and vise-versa. Brokerage will not limit or restrict any buyer from making an offer on any specific property, whether or not the Brokerage represents other buyers interested in the same property.
B. MUL TlPLE SELLERS: Brokerage (individually or through its Associate Licensees) may have listings on many properties at the same time. As a result, Brokerage 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 Brokerage and some may not.
Brokerage will market all listed properties to all prospective buyers, whether or not Brokerage has other listed properties that may appeal to the same prospective buyers.
C. DUAL AGENCY IN A TRANSACTION: California law allows a brokerage to represent both a buyer and a seller in a transaction (Civil Code§ 2079 et seq.).
(1) Brokerage Dual Agency: If one Associate-Licensee from the Brokerage is working with a buyer and another Associate-Licensee from the same Brokerage is working with a seller on the same transaction, the Brokerage Is considered a du.al agent With fiduciary d~ties to both buyer and seller. In that situation, each individual Associate Licensee working on the transaction is also considered a dual agent having the same knowledge and responsibility as the Brokerage.
(2) Single Agent Dual Agency: Another form of dual agency occurs when an individual Associate-Licensee is workfng with both the buyer and seller in the same transaction. In that situation, both the Brokerage company and the individual Associate-Licensee are dual agents with fiduciary duties to each side of the transaction.
There is no one approach to this situation. Some brokerages allow the single agent dual agent to continue to represent both parties, as that Associate-Licensee is the chosen agent of the principal. Some brokerages recommerid that the broker or an office manager get involved if there i$ a <;ii$pUte between the buyer and ~Iler.
Some brokerages will require that the broker or an office manager assist the Associate-Licensee with one principal or the other, even if the parties do not have a dispute. Whether one of these approaches, or another, is taken in a single agent dual agency will depend on the circumstances and the brokerage policy. Regardless of the approach, the Associate-Licensee and Brokerage shall conduct activity consistent with the terms in paragraph 2C.
2. ACKNOWLEDGEMENT AND CONSENT:
.A. OFFERS ARE NOT NECESSARILY CONFIDENTIAL: Buyer is advised that seller or listing agent may disclose the existence, terms, or conditions of buyer's offer to other interested buyers and agents unless all parties and their agent have signed a written confidentiality agreement, (CAR. Form NDA). In the absence of a s1igned NDA, Buyer consents fo such disclosure. VVhether 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.
B. MULTIPLE: BU~RS OR SELLERS: If Seller is represented by Brokerage, Seller acknowledges that Brokerage may represent prospective buyers of Seller's property and consents to Brokerage acting as a dual agent for both Seller and buyer in that transaction. If Buyer is represented by Brokerage, Buyer acknowledges that Brokerage may represent sellers of property that Buyer is interested in acquiring and consents to Brokerage actirng as a dual agent for ,both Buyer and seller with regard to that property.
C. DUAL AGENCY IN A TRANSACTION: In the event of dual agency, Seller and Buyer agree th~t: (i) 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 SeHer's willingness to accept a price less than the listing price or the Buy'E!r's willingness to pay a price greater than the ptic:e offered; and (ii) except as set forth above, a dual ~gent is obligated to disdose known facts materially affecting the value or desirabiiity of the Property lo both parties. Seller and Buyer should discuss With a dual agent the details and parameters of this requirement. Seller and/or Buyer consents to allowing Brokerage to act as a dual agent in a transaction.
PRBS Rl:VISED 6/25 {PAGE 1 OF 2)
POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER PRBS PAGE '1 OF 2 Su1ia.Jomru
. Pr,one: (911!1~1-4761 Fax:
Produced with Lone WrM T.,_,si!Qtlona (zlpFonn Edition) 717 N fimwood S~ Suite 2200, Dallas, TX 76201 VNl'#f iwDII com Page 994 2021 l'i"!I ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8O4O-836O-03EB4ABE20F8 By signing below~ Buyer and/or Seller acknowledge that each has received a copy of this Possible Representation of More Than One Buyer or Seller - Disclosure and Consent, and each has read, understands, and agrees to its terms and consents to the agency possibilities disclosed.
Buyer
Buyer
Seller
Seller
DocuSigned by:
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Branislav Vajdic Date 05/26/2026
Date ------------------------------------- ------
Town of Los Gatos Date ____ _
Date ------------------------------------- ------
~'S¥elfc~ge Firrry _M_o_n_ta_lv_o_R_ea_l~tY~------------------ DRE Lie# 01918597 lt,_~1"_ 0.lA, _ Jvur __ ~--IAM __ l ________________ DRE Lie# 01136628 Date 05/26/2026 leJOrDiilianginovic
Seller's Brokerage Firm Kosmont Real Es tMe Services dba Kosmont Realty DRE Lie # 02058445 By _________________________ DRE Lie# 01182660 Date ____ _ Larry J. Kosmont
e 2025, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this fonn, or any portion thereof, by photoccpy machine or any other means. indudlng facsimile or computerized formats. THIS FORM HAS DEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REAL TORS®. 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 REAL TORS®.
Publlshed and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC. a subsidiary of the Cal/fomla Association of REAL TORS® PRBS REVISED 6/25 (PAGE 2 OF 2)
POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER (PRBS PAGE 2 OF 2) Producoo with Lone 'MlWTrensactions (:zlpForm Edttlon) 71 7 N HIIIWO()d St, Sulta 2200, Dallas. TX 75201 www,twolfcom 2021 !lie./ Page 995 ITEM NO. 24.
... Docusign Envelope ID: 6A3B36A9~5BF3-BD4D-836O·03EB4ABE20FB A '9\s~~'.:~;~~~'.~ • t-AIK MUU~IN\:i AND DISCRIMINATION ADVISORY •~.., 01 1t c \LTOns (C.A.R. Form FHDA, Revised 12/24) ~ 1. EQUAL ACCESS TO HOUSING FOR ALL: All housing in California is available to all persons. Disylimination as noted below 1s prohibited by law. Resources are available for those who have experienced unequal treatment under the law.
2. FEDERAL AND STATE LAWS. PROHIBIT DISCRIMINATION AGAINST IDENTIFIED PROTECTED CLASSES:
A. FEDERAL FAIR HOUSING ACT ("FHA") Title VIII of the Civil Rights Act; 42 U.S.C. §§ 3601--3619; Prohibits discrimination in sales, rental or financing of residential housing against persons in protected classes;
8. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT ('FEHA•) California Government Code ("GC") §§ 12900- 12996, 12955; 2 California Code of Regulations ("CCR") §§ 12005-12271; Prohibits discrimination in sales, rental or financing of housing opportunity against persons In protected classes by providers of housing accommodation and financial assTstance 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 foll and equal accommodation; advantages, facilities, privileges, and services to persons in protected dasses;
D. AMERICANS WITH DISABILITIES ACT ("ADA") 42 U.S.C. §§ 12181-12189; Title Ill of the /l:.DA prohibits discrimination based on disability in public accommodations; and
E. OTHER FAIR HOUSING LAWS: § 504 of Rehabilitation Act of 1973 29 U.S.C. § 794; Ralph Civil Rights Act CC § 51.7; California Disabled Persons Act; CC §§ 54-55.32; any local city or county fair housing ordinances, as applicable.
3. POTENTIAL LEGAL REMEDIES FOR UNLAWFUL DISCRIMINATION: Violations of fair housing laws may result in monetary civil fines, injunctive relief, compensatory and/or punitive damages, and attorney fees and costs.
4. PROTECTED CLASSES/CHARACTERISTICS: Whether specified in Federal. or State law or both, discrimination against persons based on that person's belonging to, association with, or perceived membership in, certain classes or categories, such as the following, is prohibited. Other classes, categories or restrictions may also apply. ~ Race (and race traits) Color Ancestry National Origin Religion Age Sex, Sexual Orientation Gender, Gender Identity, Marital Status Famili'l31 Status (family with Gender expression a child or children under
18)
Citizenship Immigration Status Pr1imary Language MilltaryNeteran Status Source of Income (e.g., Section B Voucher.)
Medical Condition Disability (Mental & Physical) Genetic Information Criminal History (non- Any Arbitrary Characteristic relevant convictions) or lntersectionality
5. THE CALIFORNIA DEPARTMENT OF REAL ESTATE REQUIRES TRAINING AND SUPERVISION TO PREVENT HOUSING DISCRIMINATION BY REAL ESTATE LICENSEES:
A. California Business & Profess,ions Code ("B&PC") § 10170.5(a)(4) requires 3 hours of training on fair housing for DRE license renewal; Real Estate 'Regulation § 2725(f) requires brokers who oversee salespersons to be familiar with the requirements of federal and state laws relating 10 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 lic,ense. B&PC §10177(1)(1); 10 CCR§ 2780
6. REALTOR® ORGANIZATIONS PROHIBIT DISCRIMINATION: NAR Code of Ethics Article 10 prohibits discrimination in employment practices or in rendering real estate license services against any person because of race, color, religion. sex, disability, familial status, national origin, sexual orientation, or gender identity by REAL TORS®.
7. WHO IS REQUIRED TO COMPLY WITH FAIR HOUSING LAWS?
Below is a non-exclusive list of providers of housing accommodations or financial assistance services as related to housing who are most likely to be encountered in a housing transaction and who must coni.PIY with fait housing laws. • Sellers • Landlords/Housing Providers • Sublessors
• Real estate licensees • Real estate brokerage firms • Property managers • Mobilehome parks • Homeowners Associations ("HOAs"): • Banks and Mortgage lenders • Insurance companies •· Government housing services • Appraisers
8. EXAMPLES OF CONDUCT THAT MAY N.OT BE MOTIVATED BY DISCRIMINATORY INTENT BUT COULD t-lAVE 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 elderty tenant out of concern for the tenant's ability to navigate stairs or (ii) a house with a pool to a person with young children out of concern for the children's safety.
9. EXAMP.LES OF UNLAWFUL OR IMPROPER CONDUCT BASED ON A PROTECTED CLASS OR CHARACTERrSTIC:
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; "channelingr 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 "paoic 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 dute 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; C 2024, California Association of REALTORS®, Inc,
fHOA REVISED 12/24 (PAGE 1 OF 2)
FAIR HOUSING AND DISCRIMINATION ADVISORY FHDA PAGE 1 OF 2 . Phone· ('°9)UH71i_l FBJC
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9--58F3-8O4O-836O-03EB4ABE20FB . . . . . "'· 1111.1u11111!:l c:tuvu, 1-11v,t::1..u:::u 1..11e1101.At::11::.u1..:> \::tu1..11 ca::. .,;;king tenant applicants If they are. married, or prospective purchasers 1f they have vhildren or are planning to start a family);
F. Using criminal history ihformatioh before otheiwise affirming eligibility, and without a legally sufficient justification; G. Failing to assess financial standards based on the portion of the income responsible by a tenant who receives government subsidies (such as basing an otheiwise neutral rent to income ratio on the whole rent rather than just the part of rent that is the tenant's responsibility):
H. Denying a home loan or homeowner's insurance;
I. Offering inferior terms, conditions, privileges, facilities or services; J. Usihg different qualification criteria or procedures for sale or rental of housing such as income stahdards, applicatioh requirements, application fees, credit analyses, sale or rental approval procedures or other requirements; K. Harassing a person;
L. Taking an adverse action based on protected characteristics; M. Refusing to permit a reasonable modification to the premises, as requested by a person with a disability (such as refusing to allow a tenant who uses a wheelchair to install, at their expense, a ramp over front or rear steps, or refusing to allow a tenant with a disability from installing, at their own expense, grab bars in a shower or bathtub); N. Refusing to make reasohat:>le 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) Charg1ng 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 se.rvice animal or support animal, anct;
0. Retaliating for asserting rights under fair housing laws.
10. EXAMPLES OF POSITIVE PRACTICES:
A. Real estate licensees working with buyers or tenants should apply the same objective property selection criteria, such as location/neighborhood, property features; and price range and other considerations, to all prospects.
B. Real estate licensees should provide complete and objective information to all clients based on the client's selection criteria.
C. Real estate licensees should provide the same professional courtesy in responding to inquiries, sharing of information and offers of assistance to all clients and prospects.
D. Housing providers should not make any statement or advertisement that directly or indirectly implies preference, limitation, or discrimination regarding any protected characteristic (such as "no children" or "English-speakers only").
E. Housing providers should use a selection process relying on objective information about a prospective buyer's offer or tenant's appUcation 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). 111. FAIR HOUSING RESOURCES: If you have questions about your obligations or rights under the Fair Housing laws, or you think you have been discriminated against, you may want to contact one or more of the sources listed below to discuss what you can do about it, and whether the resource is able to assist you.
A. Federal: https://www.hud.gov/program_offices/fair_housing_equal_opp B. state: https:ffcalcivilrights.ca.gov/housing/
C. local: local Fair Housing Council office (non-profit, free service) D. DRE: https:/fwww.dre.ca.gov/Consumers/FileComplaint.html E. local Association of REAL TORS®. List available at https://www.car.org/enfcontactus/rostersflocalassociationroster.
F. Any qualified California fair housing attorney, or if applicable, landlord-tenant attorney.
12. LIMITED EXCEPTIONS TO FAIR HOUSING REQUIREMENTS: No person should rely on any exception below without first seeking legal advice about whether the exception applies to their situation. Real estate licensees are not qualified to provide advice on the application of these exceptions.
A. legally compliant senior housing is exempt from FHA, FEHA and Unruh as related to age or familial status only; B. An owner of a single-family residence who resides at the property with one lodger may be exempt from FEHA for rental purposes, PROVIDED no real estate licensee is involved in the rental; C. An owner of a single-family residence may be exempt frotn 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 stngle-family residences. Other restrictions apply; D. An owner of residential property with one to four units who resides at the property, may be exempt from FHA for rental purposes, PROVIDED no real estate licensee is involved in the rental; and E. Both FHA and FEHA do not apply to roommate situations. See, Fair Housing Council v Roommate.com LLC, 666 F.3d 1216 (2019).
F. Since both the 14th Amendment of the U.S. Constitution and the Civil Rights Act of 1866 prohibit discrimination based on race; the FHA and FEHA exemptions do not extend to discrimination based on race.
Buyer/Tenant and Seller/Hou,sing Provider have read, understand and acknowledge receipt of a copy of this Fair Housing & Discriminati~itftY', b~:
Buyer/Tena I ~,,,_ i/.7.A....., s · 1 11 'd ' D t --------------------------~ra~n~,s~a~v~"~'a-'='~c a e 05/26/2026 Buyer/Tenan o1soo31521AE.407 Date -------
Seller/Housing Provider Town of Los Gatos Date ______ _ Seller/Housing Provider _______________________________ Date ______ _ @ 2024, caJlfomia Association of REALTORS®. Inc. United States copyright law (Titte 17 U.S'. Code} forbids the unauthorized dlsbibulion, display and reproduction of this form, or any portiqn lhereo\, by photocopy machine or any other me,:1ns, including facsfmile or computerized' forma,ts. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REAL TORS®. 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 QUAURED TO ADVISE ON ReAI. ESTATE TRANSACTIONS. IFYOU DESIRE LEGAL OR TAX ADVICE, CONSUlT AN APPROPRIATE PROFESSIONAL This form is made available lo real estate professionals through an a9reement with or purchase lrom lhe California AssociaUon of REAL TORS®.
Published and Olstnbuted by: REAL ESTATE BUSINESS SERVICES, LLC. 8 subslrtisry of the Cafifomls Association of REALTORS® FHDA REVISED 12/24 (PAGE 2 OF 2)
FAIR HOUSING AND DISCRIMINATION ADVISORY (FHDA PAGE 2. OF 2) Produced wtlh Lene Woff TranaacUons (z1pl'om, Edilion) 717 N Harwood St So~e 22.00. Dallas. TX 75.201 W'flW fwolf com 2021 Ne" Page 997 ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8O4O-836D-03EB4ABE20F8 i.,_ L\LIPORNJ.A • .\S~OCJ.\'rlliN BUYER HOMEOWNERS' INSURANCE ADVISORY "1 Of RE,\L T'ORS'l (C.A.R. Form BHIA, 6/24) ~ 1. IMPORTANCE OF OBTAINING PROPERTY INSURANCE: If the property you are purchasing is destroyed or damaged due to natural disaster or accident or some other event, insurance may be available to help with the cost of repair or rebuilding. In the absence of property insurance, the homeowner would be responsible for the full expernse. If the property is purchased with a loan, or refinanced, the lender will require an insurance policy protecting its interest. Insurance policies can cover damage due to one or more of the following: fire, flood, earthquake and other causes. The policy or an insurance broker should be consulted to detennine when coverage applies and whether a supplement or rider can be purchased to provide additionaJ coverage or if a separate policy is necessary.
2. PROPERTY INSURANCE AND PURCHASE CONTRACT TERMS: Your real estate purchase contract may contain a contingency that gives you the right to legally cancel the agreement within a specified time if you are unable to obtain or afford property Insurance. This cancellation right may be a specific contingency pertaining to insurance or may be part of an overall investigation contingency. If buyer waives or removes the applicable contingency before determining the availability and cost of property insurance, buyer is acting against the advice of broker, Additionally, if the property is part of an HOA, lenders may require and buyers will want to know that the HOA has adequate insurance to cover the areas for which the HOA is responsible.
3. CALIFORNIA"S PROPERTY INSURANCE MARKET~ Some insurance carriers in California have stopped issuing new property insurance policies and others are limiting the number and location of new policies, due to rising replacement costs and an increase in natural disasters. These changes may affect both the availability and cost of insurance. However., over 50 insurance carriers are admitted to sell property insurance in California so it may be possible to obtain insurance even if some carriers will not write a new policy covering the property you intend to buy. An insurance broker may also be able to find a non-admitted insurance carrier offering to insure the property you intend to buy. Because locating an affordable insurance policy could take time and effort, buyers are advised to make all insurance inquiries as early in the home buying process as possible.
4. INSURANCE CONDITIONS: Many insurance carriers impose physical condition standards before issuing a policy, or reserve the right to cancel policies even after they are issued, if certain minimum standards are not confirmed in an inspection or otherwise. Physical conditions standards could include, but are not limited to, prohibition of "knob and tube" electrical wiring, requirements related to piping/plumbing materials, standards related to the age and/or quality of the roof or foundation, minimal safety standards related to handrails, tripping haiards, and defensible space requirements.
5. RESOURCES: The California Department of Insurance (DOI) maintains a website addressing Residential Home insurance. Resources on this State government webpage include: (i) Top Ten tips for Finding Residential Insurance; (ii) Residential Insurance Company Contact List; (iii) Home Insurance Finder; and (iv) information on other insurance issues. The webpage also includes information on how to contact the DOI, and suggestions on what to do if you cannot find insurance. The webpage and link to other documents is located at https://www.insurance.ca.gov/01-consumers/105- type/5-residential/index.cfm.
6. BROKER RECOMMENDATION: Buyer is advised to explore available property insurance options early in the home buying process and to consult with a qualified insurance professional of buyer's choosing to understand insurance availability and cost prior to removal of any related contingencies. Real estate brokers do not have expertise in this area.
By signing below, Buyer acknowledges that Buyer has read, understands, and has received a copy of this Buyer Homr]AA\~lNJ~rance Advisory.
tJ. V. .,,t.._,._
Buye Q:tv'.- 7 Branis/av Va/die Date 05/26/2026
07BOD31621Af:407_
Buyer _______________________________ Date ______ _
C> 2024, Galifomia Association of REAL TORS®, Inc. United States copyright. law (TiUe 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any por1lo-n thereof, by photocopy machine or any other means, indllding facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY TiiE CALIFORNIA ASSOCIATION OF REAL TORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE ;BR0KER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAl TI)ls form is made available to real estale protessionals through an agreement With or purchase from the Cartfomia Assodaffon or REAL TORS®.
Published and Distributed• by: REAL ESTATE BUSINESS SERVICES, LLC. a subskiiary of the Calif om/a Association of REAL TORS® BHIA 6/24 (PAGE 1 OF 1)
BUYER. HOMEOWNERS' INSURANCE ADVISORY BHIA PAGE 1 OF 1
Jnllofu«>la
Phc1ne: (909)621-'7'1 Fa,r.
Produced with Lone \-\'oWTransaciloos (zipForm Edilion) 717 N Harwood S~ Suite 2200, OaUas, lX 75201 www jwoff com Page 998 1021 N"" ITEM NO. 24.
Oocusign Envelope ID: 6A3B36A9-58F3-8O4O-836O-03EB4ABE20FB , -~ C\LIFORNIA WIRE FRAUD AND ELECTRONIC FUNDS • il.SSOCU.ll ON ·~ OFRE.-1.l.TORS' TRANSFER ADVISORY ~ (C.A.R. Fonn WFA, Reviewed 6/25) WIRE FRAUD AND ELECTRONIC FUNDS TRANSFERS ADVISORY:
The ability to communicate and conduct business electronically is a convenience and reality ln nearly all parts of our lives.
At the same time, it has provided hackers and scammers new opportunities for their criminal activity. Many businesses have been victimized and the real estate business is no exception.
While wiring or electronically transferring funds is a welcome convenience, we all need to exercise extreme caution.
Emails attempting to induce fraudulent wire transfers have been received and have appeared to be legitimate. Reports indicate that some hackers have been able to intercept emailed transfer instructions, obtain account information and, by altering some of the data, redirect the funds to a different account. It also appears that some hackers were able to provide false phone numbers for verifying the wiring or funds transfer instructions. In those cases, the victim called the number provided to confirm the instructions, and then unwittingly authorized a transfer to somewhere or someone other than the intended recipient.
ACCORDINGLY, YOU ARE ADVISED:
1. Obtain phone numbers and account numbers only from Escrow Officers, Property Managers, or Housing Providers 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 Housing Provider.
5. Take step$ to secure the system you are U$ing with your email account. The$e step$ include creating strong passwords, using secure WiFi, and not using free services.
If you believe you have received questionable or suspicious wire or funds transfer instructions, immediately notify your bank, and the other party, and the Escrow Office, Housing Provider, or Property Manager. The sources below, as well as others, can also provide information:
Federal Bureau of Investigation: https://www.fbi.gov/; the FBl's IC3 at www.ic3.gov; or 310-477-6565 National White Collar Crime Center: http://www.nw3c.org/ On Guard Online: https://www.onguardonline.gov/
NOTE: There are existing alternatives to electronic and wired fund transfers such as cashier's checks.
The term "Housing Provider" also includes Landlord or Rental Property Owner.
By signing below, Buyer/Tenant and Seller/Housing Provider acknowledge that each has received a copy of this Wire Fraud and Electronic Funds Transfer Advisory, and each has read and understands its terms. QDocuSlgned by: _
~ I/. .,L, Buyer/Tenan -- 7 ~ Branislav Vaidic Date 05/26/2026 B /T t D7BOO31BZ1AE407_
uyer enan ________________________ _______ Date _____ _ Town of Los Gatos Date - ---- Seller/Housing Provider
Seller/Housing Provider _ _______________________ ___ Date _ ____ _ C 2025, Callfomla Association of REAL TORS®, Inc. United States copyright Jaw (Tille 17 U.S. Code) forbids the unauthorized distribution, dfsplay 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 CA!JFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECI.FIC l'RANSACilON. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE T:RANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRJA TE PROFESSIONAL This form is made available to real eslate professionals through an agreement wnb or purchase rrom the California Association pf REALTORS®. (=)-_
Published amt Dlsl!ibuted by: REAL ESTATE BUSINESS SERVICES, LLC. a subsidiary oflhe Galifom/a Association of REALTORS® WFA REVIEWED 6/25 (PAGE 1 OF 1) '=.:='
WIRE FRAUD AND ELECTRONIC FUNDS TRANSFER ADVISORY - FA PAGE 1 OF 1 JuUo Pu~orc1
Phone; (909)6214761 Fax:
Produ<;ed with Lone WQlfTransaotrons (zipForm Eqilioo) 717 N Karwood St, Sulte 2200. Dallas. TX 75201 www lwoll com 1021 N""
ITEM NO. 24.
Oocusign Envelope ID: 6A3B36A9-58F3-804O-836O-03EB4ABE20F8 4 ' c ,u ro1tm., CALIFORNIA CONSUMER PRIVACY ACT ADVISORY, • :\::,!OCBTlO~ DISCLOSURE AND NOTICE ."8 ~ 01· REM.TORS. (C.A.R. Form CCPA, Revised 12/22) The California Consumer Privacy Act (commencing with Civil Code§ 1798.100) ("CCPA "), as amended by California voters in 2020, grants to California residents certain rights in their private, personal information ("Pl") that is collected by companies with whom they do business. Under the CCPA, Pt 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 Pt 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, the right to know what Pl is sold or shared and to whom, the right to request that the business correct or delete your Pl, the right to "opt out" or stop the transfer of your Pl to others, and the right to limit the use of certain Pl which is considered ''sensitive." You may get one or more notices regarding your CCPA rights from businesses you interact with in a real estate transaction. However, not all businesses that receive or share your Pl are obligated to comply with the CCPA. Moreover, 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. If you wish to exercise your rights under CCPA, where applicable, you should contact the respective business directly.
You can obtain more information about the CCPA and your rights under the law from the State of California Department of Justice (oag.ca.gov/privacy/ccpa). Addftionally, the California Privacy Protection Agency is authorized to promulgate regulations which may further clarify requirements of the CCPA (cppa.ca.gov/regulations/).
I/we acknowledge receipt of a copra of this California Consumer Privacy Act Advisory, Disclosure and Notice.
Buyer/Seller/LandlorcYT ena.fE;'.:7':.._ Date 05/26/2026 • av,!Vajdic
Buyer/Seller/Landlord/Tenant ______________________ Date ______ _ © 2022, California Association of REALTORS®, Inc. United States· copyright law (TiUe 17 U,S. Code) toroids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy mactiine qr any other means, including facsimile or computerized formats. THIS FORM HAS SEEN APPROVED 8¥ THE CALIFORNIA ASSOCIATION OF REAL TORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR A.CCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form Is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark Which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to Its Code of Ethics. lj Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
' a subsid/Ejry ofthe CALIFORNIA ASSOC/AT/ON OF REAL TORS® c ,. 525 South Virgil .Avenue, Los Angeles, California 90020 CCPA REVISED 12/22 (PAGE 1 OF 1)
CALIFORNIA CONSUMER PRIVACY ACT ADVISORY CCPA PAGE 1 OF 1 Julio Fum1r.t
Phone: (909)621-671il Fax:
Produoed will) Lone Wo~ Tr'IJ1S~ion• (zlpFO!Tn E<lltlo,n) 717 N HarwOQd St, S~ile 22QO, Dallas, TX 75201 W#'/t twott com 1021 N,,.
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8O4O-836O-03E84ABE20F8 "~( \I. I POlt~I •. \
_-\.S:,OCL\TIO~
' Of REALTOR~
...
TEXT OVERFLOW ADDENDUM No .. (CAR. Fonn TOA, Revised 6/23) 1 This addendum is given in connection with the property known as 4 Tait Avenue, Los Gatos, CA 95030 ______________________________________ ("Property"),
in which ---------------==B"-ra:; · n""1c::·s~la"-'v'-'-V;=- a1 .... ·d::.:. ic=--_____________ is referred to as ("Buyerrrenant") and Town of Los Gatos is referred to as ("Seller/Housing Provider"). 1) RPA, P(2), Excluded Items -1:
The Matthews Plaque and Mounting Rock
2) RPA, Paragraph 4B, Other 1:
Federal Requirement Purchasing Addendum
3) RPA, Paragraph 4B, Other 2:
Lead-Based Paint and Lead-Based Paint Hazards Disclosure, Acknowledgment, Addendum For Pre-1978 Housing, Sales, Leases or Rentals
The foregoing terms and conditions are hereby incorporated in and made a part of the paragraph(s) referred to in the document~l!l!thi1$YTOA. is attached. The undersigned acknowledge receipt of a copy of this TOA. Tl i/. ,:,L.___ Buyer/Ten t rav-~ 7 Date _ 05_/_26_/_26 ___ _
PlllflS'ia'(t', 4/gjdic
Buyerrrenant _______________________________ Date _______ _ Seller/Housing Provider _ ____________________________ _ Town of Los Gatos
Seller/Housing Provider _____________________________ _ Date _ ______ _
Date _______ _
®2023, California Association or REAL TORS®, Inc. United Slates copyright law (TiUe 17 U.S. Code) foitids the unauthorized distribution, display and reproduction or this form or any portion thereof, by p/lotocopy mactilne 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 T0 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 wllh or purchase from the California Association of REAL TORS®. It is not intended to identify 1he user as a REAL TOR®. REAL TOR® 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.
I] Published and Distributed by,
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOC/A TION OF REAL TORS® . 525 South Virgil Avenue, Los Angeles, California 90020 TOA REVISED 6/23 (PAGE 1 OF 1)
TEXT OVERFLOW ADDENDUM TOA PAGE 1 OF 1
Julio Fumt.,
Phone; (909)621-6761 Fwr.
Produced with Lone Wolf Trammctlons (zlpFOff11 Edftlonl 717 N Harwood S•, Suite 2200, Dallas, TX 75201 www lwol! COOJ 202) l'i<1'
ITEM NO. 24.
Docusign Envelope ID: 6A3836A9-58F3-8D4O-836D-03EB4ABE20F8 ./~CAL. I FORN I A STATEWIDE BUYER AND SELLER ADVISORY a ;\SSOGT.\TION (This !Form Does Not Replace Local Condition Disclosures. 8't.,. or- RE,\LTORS~ Addltlonal Advisories or Disclosures May Be Attached) .. (C.A.R. Fonn,SBSA, Revi~ 6/24)
BUYER R,IGHTS AND DUTIES:
• The physical co,ndition of the land and improvements being purchased are not guaranteed by Seller or Brokers. • You should conduct thorough investigations of the Property both personally and with appropriate professionals. • If profe55ionals recommend further inspections, you should contact qualified experts to conduct sui;;h inspections. • You should retain your own professional even if Seller or Broker has provided you with existing reports. • You should read all written reports given to you and discuss those reports with the persons who prepared them. It is possible that different reports provided to you contain conflicting information. If there are discrepancies between reports, disclosures or other information, you are responsible for contacting appropriate professionals to confirm the accuracy or correctness of the reports, disclosures or information. • You have the right to request that the Seller make repairs or corrections or take other actions based on inspections or disclosures, but the Seller is not obligated to respond to you or make any such repairs, correct.ions or other requested actions.
• If the Seller is unwilling or unable to satisfy your requests, and you act within certain time periods, you may have the right to cancel the Agreement (the Purchase Agreement and any Counter Offer and Addenda together are the "Agreement'1).
If you cancel outside of these periods, you may be in breach of the Agreement and your deposit might be at risk.
YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY. IF YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS.
SELLER RIGHTS AND DUTIES:
• You have a duty to disclose material facts known to you that affect the value or desirability of the Property. • You are obligated to make the Property available to the Buyer and have utilities on for inspections as allowed by the Agreement.
• This form is not a substitute for completing a Real Estate Transfer Disclosure Statement, if required, and any other property-specific questionnaires or disclosures.
BROKER RIGHTS AND DUTIES:
•
•
•
•
•
•
Brokers do not have expertise in all areas and matters affecting the Property or your evaluation of it.
For most sales of residential properties with no more than four units, Brokers have a duty to rnake a reasonably competent and diligent visual inspection of the accessible areas of the Property and disclose to you material facts or defects that the inspection reveals.
Many defects and conditions may not be discoverable by a Broker's visual inspection .
If Brokers give a referral to another professional, Brokers do. not guarantee that person's performance. You may select any professional of your own choosing.
If a Broker gives you reports or other documents, unless otherwise specified, it is possible that different reports provided to you contain conflicting information. Broker has not and will not verify or otherwise investigate the information contained therein.
Any written agreement between a Broker and either Buyer or Seller or both establishes the rights and responsibilities of those parties.
LEGAL, TAX AND CONTRACT CONSIDERATIONS FOR BOTH BUYER AND SELLER:
• You are advised to seek legal, tax, and other assistance from appropriate professionals in order to fully understand the implications of any documents or actions during the transaction. You should contact a CPA or tax attorney to determine (I) the basis of the property for income tax purposes; and (ii) any calculations necessary to determine if a sale, and what price, would result in any capital gains taxes that may need to be reported to State and Federal taxing agencies.
In addition, you should consult with the CPA or tax attorney regarding what factors affect how the property tax basis is determined. If you are doing a 1031 exchan.ge, you are advised to contact an exchange accommodator to discuss the proper method and timing of the exchange.
• The terms of the Agreement and any counter offers and addenda establish your rights and responsibilities to each other.
Cl2024, California Association of REAL TORS®, Inc.
SBSA REVISED 6/24 (PAGE 1 OF 15)
STATEWIDE BUYER AND SELLER ADVISORY SBSA PAGE 1 OF 15
.Jo.llof'unte,
Phona: (!!09)'11-6761 Fax:
Produced with Lona Wl~ Tra~aaction& (zipFonn Edition) 717 N HIIIWOOd St, Suite 2200, Oal~, Tl( 75201 www IWQM: com ~ ~ ,l,J. .. l'11!!!.:V'6
~OR]ilNlt'f
.2011 N""'
ITEM NO. 24.
Docusign Envelope ID: 6A3836A9-58F3-SD4D-836D-03EB4ABE20F8
TABLE OF CONTENTS
SBSA CATEGORIES AND ALPHABETICAL INDEX
A B C D E F G
Investigation Property Use Off-Site and Legal Contract Other Fa.ctors Local of Physical and ownership Neighborhood Requirements Related Issues Affecting Disclosures Condition Condltlorns (Federal, State and Terms Property and Advisories and Local)
Pages 2-5 Pages 5-8 Pages 9-10 Pages 10-11 Pages 11-12 Pages 13-14 Page 15 Page
1. Accessory Dwelling Units .................................................... 5
2. Arbitration ..... ... .. .......... ... ........ ......... .. .. . ....... ..... .. ....... .... .. .. 12
3. Building Permits, Zoning and Code Compliance .................. 5
4. Buyer Intended Future Use .................................................. 6
5. California Fair Plan ........... , ..................... ~ ........................... 6
6. Community Enhancement and Private Transfer Fees ....... 13
7. Death on the Property ....................................................... 10
8. Earthquake Fault Zones and Seismic Hazard Zones ......... 10
9. Easements. Access and Encroachments ............................. 2 1 o. Electrlflcatlon of Energy source ......................................... 11
11. Electronic Signatures ......................................................... 11
12. Environmental Hazards ........................................................ 3
13. EPA's Lead-Based Paint Renovation, Repair and
Painting Rule . . . .. . ... . . .... ..... ... . . ... . . . . . .. . . ..... ... . .. ... . . .. . . ... .. .. .. . .. . 1 O
14. Escr-ow Funds .................................................................... 12
15. Fire Hardening, Defensible Space, end Wildfire Disasters .. 5
16. Fire Hazards ...................................................................... 10
17. FIRPTA/Califomia Withholding .......................................... 10
18. Flood Hazards ....... ........ .... . . ......... ..... .. .......... ......... ..... ...... 11
19. Formaldehyde .................................... ._ ................................ 3
20. Future Repairs, Replacements and Remodels .................... 6
21. General Recall/Defective Product/Class Action
Information ......................................................................... 13
22. Geologic Hazards ................................................................ 3
23. Golf Course Disclosures ...................................................... 9
24. Heating Ventilating and Air Conditioning Systems ............... 6
25. Historical Designation, coastal Commission, Architectural, Landscape, Agricultural or Open Space and other
Restrictions on Buildings or Improvement ........................... 6
26. Homeowner Associations and Covenants, Conditions
and Restrictions ("CC&Rs"); Charging Stations;
FHANA Approval .................... » .......................................... 13
27. Home Warranty .................................................................. 12
28. Identification of Natural Persons Behind Shell
Companies in All-Cash Transactions ................................. 12
29. Inspections ........................................................................... 3
30. Insurance, Title Insurance and Title Insurance After Foreclosure .......................................................................... 6
31. Land Lease ......................... ~ ............................................... 7
32. Legal Action ....................................................................... 13
33. Liquidated Da~es .......................................................... 12
34. Marijuana and Methamphetamine Labs .............................. 7 Page
35. Marketing; Internet Advertising; Internet Biogs; Social Media ................................................................................. 14
36. Mediation ........................................................................... 12
37. Megan's Law Database Disclosure .................................... 11
38. Mold ...................................................................................... 3
39. NeighborhoOd, Area, Personal Factors, Buyer Intended Use, High Speed Rails, and Smoking Restrictions .............. 9
40. Neighborhood Noise Sources .............................................. 9
41. 1915 Improvement Bond Mello-Roos Community District, and Otl)er Assessment Districts .......... .,. .............................. 8
42. Non-Confidentiality of Offers .............................................. 12
43. Notice of Your Supptemental Property Tax Bill .................. 11
44. Online or Wire Funds Transfers ......................................... 12
45. Owner's Title Insurance ....................................................... 7
46. PACE Lo.ans and Liens ...................................................... 14
47. Pets and Animals ................................................................. 4
48. Preliminary Title Report ....................................................... 5
49. Property Tax Bill Supplemental Notice; Accurate Sales Price Reporting .. ... ... . . . . . .... .. . ... . . .. . . .. .. . . ... ... ... . ... . .......... ... .. . . 10
50. Recording Devices ............................................................. 14 S'f. Re-Keying .......................................................................... 14
52. Rent and Eviction Control Laws and Ordinances ................. 8
53. Retrofit, Building Requirements, and Point of Sale
Requirements ....................................................................... 8
54. Schools . ... .... .. ..... .. .... . .. .. .. .. . .. .. . .. .. . .. .. .. . .. . .. . .... ... . . .... . ... ..... . .. . 9
55. Sea Level Rise ................................................................... 1 O
56. Septic Systems .................................................................... 4
57. Short Term Rentals and Restrictions ................................... 8
58. Signing Documents Electronically ...................................... 11
59. Soil and Geologic Conditions ............................................... 4
60. Solar Panels, and Net Energy Metering .............................. 14
61. Square Footage, Lot Size, Boundaries and Surveys ........... 4
62. Swimming Pool, Security and Safety ................................... 8
63. Underground Pipelines and Utilities ..................................... 9
64. Views ................................................................................... 8
65. Water Intrusion ..................................................................... 4
66. Water Shortages and Conservation ..................................... 8
67. Well and Water System(s) ................................................... 5
68. Wildlife .. .. . ... .... . .. .. .. ... ... ... .. .. . .. .. .. . . . ... .. .... ............... .... .. ... .. .... 9
69. Wood Balconies, Stairs, and Other Structures ................... 14
70. Wood Destroying Pests .. . .. .. .... .... ... .. . .... .... ..... . .... ............ .. .. 5
71. Zone Maps May Change .................................................... 11 A. lnvesti·gation of Physical Conditions
1. EASEMENTS, ACCESS AND ENCROACHMENTS: Buyer and Seller are advised that confirming the exact location of easements, shared or private driveways or roadways, and encroachments on or to the Property may be possible only by conducting a survey. There may be unrecorded easements, access rights, encroachments and other agreements affecting the Property that may not be disclosed by a survey. Representations regarding these items that are made in a Multiple Listing Service or advertisements, or plotted by a title company are often approximations, or based upon inaccurate or incomplete records. Unless otherwise specified by Broker in writing, Brokers have not verified any such matters or any representations made by Seller(s) or others. If Buyer wants further information, Buyer is adVised and Broker(s) recommend that Buyer hire a licensed surveyor during Buyer's investigation contingency period. Brokers do not have expertise in this area.
SBSA REVISED 6124 (PAGE 2 OF 15)
STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 2 OF 15)
ITEM NO. 24.
Docusign Envelope ID: 6A3836A9-58F3-8D4D-836D-03EB4ABE20F8
2. ENVIRONMENTAL HAZARDS: Buyer and Seller are advised that the presence of certain kinds of organisms, toxins and contaminants, including, but not limited to, mold (airborne, toxic or otherwise}, fungi, mildew, lead-based paint and other lead contamination, asbestos, formaldehyde, radon, PCB's, methane, other gases, fuel oil or chemical storage tanks. contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, urea formaldehyde, or other materials may adversely affect the Property and the health of individuals who live on or work at the property as well as pets. Some municipalities may impose additional requirements regarding underground storage tanks, which may be more common in certain areas and cities throughout the State, especially where there are larger, older homes built before 1935. It is possible that these tanks, either now or in the future, may require inspections or abatement If Buyer wants further information, Buyer is advised, and .Broker(s) recommends, that Buyer have the Property inspected for the existence of such conditions and organisms, and conditions that may lead to their formation. Not all inspectors are licensed and licenses are not available for all types of inspection activities. Buyer is also advised to consult with appropriate experts regarding this topic during Buyer's investigation contingency period.
Broker recommends that Buyer and Seller read the booklets titled, "Residential Environmental Hazards: A Guide for Homeowners, Homebuyers, Landlords and Tenants,• and "Protect Your Family From Lead In Your Home." Brokers do not have expertise in this area.
3. FORMALDEHYDE: Formaldehyde is a substance known to the State of California to cause cancer. Exposure to formaldehyde may be caused by materials used in the construction of homes. The United States Environmental Protection Agency, the California Air Resources Board, and other agencies have measured the presence of fonnaldehyde in the indoor air of select homes in Cqlifomia. Levels of formaldehyde that present a significant cancer risk have been measured in most homes that were tested. fonnaldehyde is present in the air because it is emitted by a variety of building materials and home products used in construct.ion. The materials include carpeting, pressed wood products, insulation, plastics, and glues. Most homes that have been tested elsewhere do contain formaldehyde, although the concentrations vary from home to home with no obvious explanation for the differences. One of the problems is that many suppliers of building materials and home products do not provide information on chemical ingredients to builders.
Buyers may have further questions about these issues. Buyer is advised to consult with appropriate experts regarding this topic during Buyer's investigation contin.g_ency period. Broker(s) recommend that Buyer and Seller read the booklet titled "Residential Environmental Hazards: A Guide for Homeowners, Homebuyers, Landlords and Tenants.ff Brokers do not have expertise in this area.
4. GEOLOGIC HAZARDS: Buyer and Seller are advised that California has experienced earthquakes in the past, and there is always a potential of future earthquakes. Damage caused by an earthquake may not be discoverable by a visual inspection of Buyer(s) or Broker(s). Inspection by a licensed, qualified professional is strongly recommended to determine the structural integrity and safety of all structures and improvements on the Property. If the Property is a condom1nium, or located in a planned unit development or in a common interest subdivision, Buyer is advised to contact the homeowners association about earthquake repairs and retrofit work and the possibility of an increased or special assessment to defray the costs of earthquake repairs or retrofit work. Buyer is encouraged to obtain and read the booklet entitled, "The Homeowners Guide to Earthquake Safety."' In most cases a questionnaire within the booklet must be completed by Seller and the entire booklet given to the Buyer if the Property was built prior to 1960. If the Property was built before 1975, and contains structures constructed of masonry or precast (tilt up) concrete walls, with wood frame floors or roof, or if the building has unreinforced masonry walls, then Seller must provide Buyer a pamphlet entitled "The Commercial Property Owner's Guide to Earthquake Safety." Many areas have a wide range of geologic problems and numerous studies have been made of these conditions. Some of this information is available for public review at city and county planning departments. Buyer is encouraged to review the public maps and reports and/or obtain a geologist's inspection report. Buyer may be able to obtain earthquake insurance to protect their interest in the Property. Sellers who agree to provide financing should also consider requiring Buyers to obtain such insurance naming Seller(s) as insured lien holder(s}. Brokers do not have expertise in this area.
5. INSPECTIONS: Buyer and Seller are advised that Buyer has the right to obtain various inspections of the Property under most residential purchase agreements. Buyer is advised to have the Property inspected by a professional property inspection service within Buyer's investigation contingency period. A licensed building contractor or other professional may perform these services. The inspector generally does not look behind walls or under carpets, or take equipment apart. Certain )terns on the Property, such as chimneys and spark arresters, plumbing, heating, air conditioning, electrical wiring,. pool and spa, septic system, well, roof, foundation and structurar items may need to be inspected by another professional, such as a chimney sweep, plumber, electrician, pool and spa service, septic or well company or roofer. A general physical inspection typically will not test for mold, wood destroying pests, lead-based paint, radon, asbestos and other environmental hazards, geologic conditions, age, remaining useful life or water-tightness of roof, cracks, leaks or operational problems associated with a pool or spa or connection of the Property to a sewer system. If Buyer wants further information on any aspect of the Property, Broker recommends that Buyer ha\le a discussion with the professional property inspector and that Buyer hire an appropriate professional for the area of concern to Buyer.
Brokers do not verify the results of any such inspection or guarantee the performance of any such inspector or service.
Any election by Buyer to waive the right to a physical inspection of the Property or to rely on somebody other than an appropriate professional is against the advice of Brokers. Not all inspectors are licensed and licenses are not available for all types of inspection activities. Brokers do not have expertise in these areas. &. MOLD: Buyer and Seller are advised that the presence of certain kinds of mold, fungi, mildew and other organisms, sometimes referred to as "toxic mold~ (collectively "Mold"}, may adversely affect the Property and the health of individuals who live on or work at the Property as well as ,pets. Mold does not affect all people the same way, and may not.affect some people at all. Mold may be caused by water leaks or other sources of moisture such as, but not limited SBSA REVISED 6/24 (PAGE 3 OF 15)
STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 3 OF 15)
ITEM NO. 24.
Docusign Envelope ID: BA-3836A9-58F3-804D-836D-03EB4ABE20F8 to, flooding·, and leaks in windows, pipes and roof. Seller is advised to disclose the existence of any such conditions of which he or she is aware. Buyer should carefully review all of Seler's disclosures for any indication that any of these conditions exist. It is, however, possible that Mold may be hidden and that Seller is completely unaware of its existence. In addition, Mold is often undetectable from a visual inspection, a professional general property inspection and even a structural pest control inspection. Brokers do not have expertise in this area. If Buyer wants further information., Broker recommends that Buyer have the Property tested for Mold by an environmental hygienist or other appropriate professional during Buyer's investigation contingency period. Nol all inspectors are licensed and licenses are not available for all types of inspection activities. Brokers do not have expertise in this area.
7. PETS AND ANIMALS: Buyer and Seller are advised that the current or previous owner(s) may have had domesticated or other pets ahd animals at the Property. Odors from anltnal urlne dr other contamination may be dormant for long periods of time and then become active because of heat, humidity or other factors and might not be eliminated by cleaning or replacing carpets or other cleaning methods. Pet urine. and feces can also damage hardwood floors and other floor coverings. Additionally, an animal may have had fleas, ticks and other pests that remain on the Property after the animi;II has been removed. If Buyer wants further information, Broker(s) recommend that Buyer discuss the issue with an appropriate professional during Buyer's investigation contingency period. Brokers do not have expertise in this area.
8. SEPTIC SYSTEMS: Buyer and Seller are advised that a property may be served by one or more septic aystems even though adjoining properties are connected to a sewer lin~. Buyer and Seller are also advised that some septic tanks and systems may have been abandoned or have leaked into ground water sources. Buyer is advised to contact the appropriate government agency to verify that the Property is cohnected to a sewer or served by a septic system. If the Property is served by a septic system, it may consist of a septic tank, cesspool, pits, leach lines or a combination of such mechanisms ("collectively, System"). No representation or warranty is made by Seller or Broker concerning the condition, o,perability, size, capacity or future. expansion of a System, nor whether a System is adequate for use by the intended occupants of the Property. A change in the number of occupants or the quantity, composition or methods of depositing waste may affect the efficiency of the System. In addition, the amount of 1rainfall and ground water table may also affect the efficiency of the System. Many factors including, but not limited to, natural forces, age, deterioration of materials and the load imposed on a System can cause the System to fail at any time. Broker recommends that Buyer obtaih an independent evaluation of any System by ,a qualified sanitation professional during Buyer's investigation contingency period. Buyer should consult with their sanitation professional to determine if their report includes the tank only, or other additional components of the System such as pits and leach fields. Not all inspectors are licensed and licenses are not available for all types .of inspection activ'ities. In some cases, Buyer's lender as well as local government agencies may require System inspection. System-related maintenance costs may include, but not be limited to, locating, pumping or providing outlets to ground level. Brokers are unable to advise Buyer or Seller regarding System,-retated issues or associated costs, which may be significant. If Buyer and Seller agree to obtain a System inspection, Buyer and Seller are cautioned that the inspection cost may include, but not be limited to, the costs of locating, pumping or providing outlets to ground level. Brokers do not have expertise in this area.
9. SOIL AND GEOLOGIC CONDmONS: Buyer and Seller are advised that real estate in California is subject to settling, slippage, contraction, expansion erosion, subsidence. earthquakes and other land movement. The Property may be c.onstructed on fill or impropet1y compacted soil and may have inadequate drainage capability. Any of these matters can cause structural problems to improvements on the Property. Civil or geo-technical engineers are best suited to evaluate soil stability. grading, drainage and other soil conditions. Additionally, the Property may contain known or unknown mines, mills, caves or wells. If Buyer wants further information, Broker recommends that Buyer hire an appropriate professional. Not all inspectors are licensed and licenses are not available for all types of inspections. Brokers do not have expertise in this area.
10. SQUARE FOOTAGE, LOT SIZE, BOUNDARIES AND SURVEYS: Buyer and Seller are advised that only an appraiser or land surveyor, as applicable, can reliably confirm square footage, lot size, Property comers and exact boundaries of the Property. Representations regarding these items that are made in a Multiple Listing Service, advertisements, and from property tax assessor records are often approximations, or based upon inaccurate or incomplete records.
Fences, hedges, walls or other barriers may not represent actual boundary lines. Unless otherwise specified by Broker in writing, Brokers have not verified any such boundary lines or any representations made by Seller or others concerning square footage, lot size, Property comers or exact boundaries. Standard title insurance does not insure the boundaries of the Property. If the exact square footage or lot size or location of Property corners or boundaries is an important consideration in Buyer's decision to purchase the Property and/or how much Buyer is willing to pay for the P.roperty, then Buyer must independently conduct Buyer's own investigation through appropriate professionals, appraisers, or licensed surveyors and rely solely on their data, recognizing that all measurements may not be consistent and that different sources may have different size assessments. Brokers do not have expertise in this area.
11. WATER INTRUSION: Buyer and Seller are advised that many homes suffer from water intrusion or leakage. The causes of water intrusion are varied, and can include defective construction, faulty grading, deterioration of building materials and absence ef waterproof barriers. water intrusion can cause serious damage to the Property. This damage can consist of wood rot, mold, mildew and even damage to the structural integrity of the Property. The cost of repairing and remediating water intrusion damage and its causes can be very significant. The existence and cause of water intrusion is often difficult to detect. Because you, your Broker or a general home inspector cannot visually observe any effects of water intrusion, Buyer and Seller should not assume that such intrusion does not exist. Broker recommends that Buyer have the Property inspected for water intrusion by an appropriate professional. Brokers do not have expertise in this area.
SBSA REVISED 6/24 (PAGE 4 OF 15}
STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 4 OF 15) Produe&d)Nilh Lona WoWTta1oadiona (:ripForm £dillon) 717 N fiatwood S~ Su~e 2200, Oalaa, TX 75201 wwwlwpl[oom 1Q2JN"" €r
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ITEM NO. 24.
Docusign Envelope ID: 6A3836A9-56F3-6D4D-836D-03EB4ABE20F8
12. WELL AND WATER SYSTEM(S): Buyer and Seller are advised that the Property may be served by one or more water wells, springs, or private community or public water systems. Any of these private or public water systems may contain bacteria, chemicals, minerals and metals, such as chromium. Well(s) may have been abandoned on the Property. Buyer is advised to have both the quality and the quantity of water evaluated, and to obtain an analysis of the quality of any domestic and agricultural water in use, or to be used at the Property, from whatever source. Water quality tests can include not only tests for bacteria, such as coliform, but also tests for organic and inorganic chemicals, metals, mineral confent and gross alpha testing for radioactivity. Broker recommends that Buyer consult with a licensed, qualified well and pump company and local government agency to determine whether any welVspri'ng or water system will adequately serve Buyer's intended use and that Buyer have a well consultant perform an extended well output test for this purpose,.
Water well or spring capacity, quantity output and quality may change at any time. There are no guarantees as to the 1\Jture water quallty, quantity or duration of any well or sprtng. If Buyer wants 1\Jrther Information, Broker(s) recommend that Buyer obtain an inspection of the condition, age, adequacy and performance of all components of the well/spring and any water system during Buyer's investigation contingency period. Brokers do not have expertise in this area.
13. WOOD DESTROYING PESTS: Buyer and Seller are advised that the presence of, or conditions likely to lead to the presence of infestation or infection of wood destroying pests and organisms may adversely affect the Property.
Inspection reports covering these items can be separated into two sections: Section 1 identifies areas where infestation or infection is evident. Section 2 identifies areas where there are conditions likely to lead to infestation or infection. If Buyer wants further information, Buyer is advised and Broker recommends that Buyer have the Property inspected for the existence of such conditions and organisms, and conditions that may lead to their formation, by a registered structural pest control company during Buyer's investigation contingency period. Brokers do not have expertise in this area.
14. FIRE HARDENING, DEFENSIBLE SPACE, AND WILDFIRE DISASTERS: California is subject to wildfires which have resulted in damage and destruction of many properties located in the state. Several recent state laws have mandated disclosures by sellers when seUing properties in certain identified zones, such as "high" or "very high" fire severity zones. Additionally, state law mandates that sellers provide buyers with statements of compliance with local mandates if adopted by local agencies. The Property may be located in a high or very high fire sever,ity zone. This may impact the availability of insurance and the ability to build or rebuild structures on the Property. Additionally, there may be requirements that certain fire prevention steps may be mandated. Information on fire hardening, including current building standards and information on minimum annual vegetation management standards to protect homes from wildfires, can be obtained on the internet website http://www.readyforwildfire.org.
Cal Fire has made available a "Fire Hazard Severity Zone Viewer" where you can input the Property address to detem,ine which fire hazard zone, if any, that the Property is located in. The viewer is available at bttps://eqis fire.ca.goy/FHSZ/.
Below is a partial list of potential resources provided as a starting point for Buyer/Lessee investigations and not as an endorsement or guarantee that any federal, state, county, city or other r-es.ource will provide complete advice.
A. California Department of Insurance ("Wildfire Resource"} http://jnsurance.ca.goy/01-consurners/140- catastrophes/WildfireResources,cfm; 1-800-927 4357
B. Governor's Office of Emergency Services ("Ca'I OES~) California Wildfires Statewide Recovery Resources bttp:llwildfirerecoyecy, org/
C. California Department of Forestry and Fire ("Cal Fireu) http:1/fire.ca.gov/ and https;//www.readyforwildfire,org/ o. California Department of Transportation bttps;//calsta.ca,goy/ E. California Attorney General https;//oag.ca.goylconsumers/prjcegougingduringdjsasters#BC1 Brokers do not have expertise in this area.
15. PRELIMINARY (TITLE) REPORT: A prelimf nary report is a document prepared by a title company which shows the conditions upon which the title company is willing to offer a policy of title insurance. However, a preliminary report is not an "abstract of titlet the title company does not conduct an exhaustive search of the title record and does not guarantee the condition of title. Nevertheless, the preliminary report documents many matters that have been recorded that can impact an owner's use of the property such as known easements, access rights, and encroachments and, if applicable, governing documents and restrictions for a homeowners' association (HOA). Among many other restrictions that may appear in the HOA documents are restrictions on the number and weight of pets that are allowed. A preliminary report may contain links to important documents referred to in the report. Broker recommends that Buyer reviews the preliminary report and any documents referenced by links and keep a printed or electronic cepy of the preliminary report and documents referenced by link. Brokers do not have expertise in this area.
B. Property Use and Ownership
1. ACCESSORY OWE.LUNG UNITS: Accessory Dwelling Units (ADUs) are known by many names: granny flats, in-law units, backyard cottages, secondary units and more. California has passed laws to promote the development of ADUs.
Additional information about ADUs can be found at http://hcd.ca,goy/policy-research/AccessoryDwellingUnits,shtrnt.
Buyer is advised to check with appropriate government agencies or third party professionals to verify permits and legal requirements and the effect of such requirements on current and future use and rentability of the Property, its development and size. Brokers do not have expertise in this area.
2. BUILDING PERMITS, ZONING AND CODE COMPLIANCE: Buyer and Seller are advised that any structure on the Property, including the original structure and any addition, modification, remodel or improvement may have been built without permits, not according to building codes, or in violation of zoning laws. Further, even if such structure was built according to the then-existing code or zoning requirement, it may not be in compliance With current building standards SBSA REVISED 6/24 (PAGE 5 OF 15)
STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 5 OF 15) Produced wJlh lone WoW TIW1s8dlons {>lpFomt Edition) 717 /'I. Harwcod s~ Suite 2200, Dales. TX. 75201 www.lwoff.lJ0!D ~ 1~ "-•1n~1
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ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836D-03EB4ABE20F8 or local zoning. It is also possible that local law may not permit structures that now exist to be rebuilt in the event of damage or destruction. Certain governmental agencies may require periodic inspections to occur in the future. If Buyer wants further information, Br:oker(s) recommend that Buyer discuss the issue with an appropriate professional during Buyer's investigation contingency period. Brokers do not have expertise in this area.
3. BUYER INTENDED FlITURE USE OF, AND ~DIFICATIONS TO, THE PROPERTY: Buyer and Seller are advised that Seller's existing use of the property may not be consistent with Buyer's intended use or any future use that Buyer makes of the property, whether or not Buyer has any current plans to change the use. Buyer is advised to check with appropriate government agencies or third party professionals to verify what legaJ requirements are needed to accommodate any change in use. In addition, neither Seller nor Broker make any representations as to what modifications Buyer can make to the. Property after close of escrow as well as any cost factors associated with any such modifications. Buyer is advised to check with his own licensed contractor and other such professionals as well as with the appropriate government agencies 1o determine what modifications Buyer· will be allowed to make after close of escrow. Brokers do not have expertise in this area.
4. CALIFORNIA FAIR PLAN: Buyer and Seller are advised that insurance for certain hillside, oceanfront and brush properties may be available only from the California Fair Plan. This may increase the cost of insurance for such properties and coverage may be limited. Broker(s) recommend that Buyer consult With Buyer's own insurance agent during Buyer's investigation contingency period regarding the availability of coverage under the California Fair Plan and the length of time it may take for processing of a California Fair Plan application. Brokers do not have expertise in this area.
5. FUTURE REPAIRS, REPLACEMENTS AND REMODELS: Buyer and Seller are advised that replacement or repairs of certain systems or rebuilding or remodeling of all or a portion of the Property may trigge·r requirements that homeowners comply With laws and regulations that either come into effect after Close of Escrow or are not required to be complied with until' the replacemen~ repair, rebuild or remodel has occurred. Permit or code requirements or building standards may change after Close of Escrow., resulting in increasing costs to repair existing features. If Buyer wants further information, Broker recommends that Buyer discuss the issue with an appropriate professional during Buyer's investigation contingency period. Brokers do not have expertise in this area.
8. HEATING VENTILATING AND AIR CONDITIONING SYSTEMS: Changes to state and federal energy efficiency regulations impact the installation, replacement and some repairs of heati1g and air conditioning units (HVAC): (i) Federal regulations now require manufacturers of HVAC units to produce only units meeting a new higher Seasonal Energy Efficiency Rating (SEER). This will likely impact repairs and replacements of existing HVAC units. State regulations now require that when installing or replacing HVAC units, with some exceptions, duct work must be tested ror leaks. Duct work leaking more than 15 percent must be repaired to reduce leaks. The average existing duct work typically leaks 30 percent.
More information is available at the California Energy Commission's website https://www.energy;ca.gov/programs-andtopics/programs/home-energy-ratjng-system-hers-program. Home warranty policies may not cover such inspections or repairs, (Ii) the phase out of the use of HCFC-22 (R-22 Freon) will have an impact on repairs and replacement of existing air conditioning units and heat pumps. The production and import of HCFC-22 ended January 1, 2020. Existing systems may continue to be used and HCFC-22 recovered and reclaimed or that was produced prior to 2020 can help meet the needs of existing systems, however, costs may rise. More infonnation is available from the Environmental Protection Agency at https://www.epa.gov/sites/productionlfilest201a-oa/documents/residential air conditioning and the phaseout of hcfc. 22 what you need to know.pdf and http://www,epa.gov/ozone/title6/phaseout/22phaseouthtrnl, and (iii) New efficiency standards are also in place for water heaters. As a consequence, replacement water heaters Will generally be larger than existing units and may not fit in the existing space. Additional venting and ottier modifications may be required as well. More infonnation is available from the U.S. Department of Energy at http://www,eere,energy.gov/bujldjnqs/appliance standards/ product.a:ipx/productjd/27. If Buyer wants further information, Broker recommends that Buyer discuss the issue with an appropriate professional during Buyer's investigation contingency period. Brokers do not have expertise in this area.
7. HISTORICAL DESIGNATION, COASTAL COMMISSION, ARCHITECTURAL, LANDSCAPE, AGRICULTURAL OR OPEN SPACE AND OTHER RESTRICTIONS ON BUILDINGS OR IMPROVEMENTS: Buyer and Seller are advised that the Property may be: (i) designated as a historical landmark, (ii) protected by a historical conservancy, (iii) subject to an architectural or landscaping review process, (iv) within the jurisdiction of the California Coastal Commission or other government agency, or (V) subject to a contract preserving use of all or part of the Property for agriculture or open .space.
If the Property is so designated or within the jurisdiction of any such, or similar, government agency, then there may be restrictions or requir:ements regarding Buyer's ability to develop, remove or trim trees or other landscaping, remodel, make improvements to and build on or rebuifd the Properw. Broker(s) recommend that Buyer satisfy him/herself during Buyer's investigation contingency period if any of these issues are of concern to Buyer. Brokers do not have expertise in this area.
8. INSURANCE, TITLE INSURANCE AND TITLE INSURANCE AFTER FOREC.LOSURE: Buyer and Seller are advised that Buyer may have difficulty obtaining insurance regarding the Property if there has been a prior insurance claim affecting the Property or made by Buyer but unrelated to the Property. Seller is required by C.A:R. Form RPA to disclose known insurance claims made during the past five years (CAR. Form SPQ or ESD). Sellers may not be aware of claims prior to their ownership. If Buyer wants further infonnation, Broker(s) recommend that, during Buyer's investigation contingency period, Buyer conduct his or her own investigation for past claims. Buyer may need to obtain Seller's consent in order to have access to certain investigation reports. If the Property is a condominium, or is located in a planned unit development or other common interest subdivision, Buyer and Seller are advised to determine if the individual unit is covered by the Homeowner's Association Insurance and the type of insurance coverage that Buyer may purchase. Broker(s) recommend that Buyer consult Buyer's insurance agents during Buyer's investigation contingency SBSA REVISED 6/24 (PAGE 6 OF 15)
STATEWIDE BUYER A.ND SELLER ADVISORY ($BSA PAGE 6 OF 1.5) Produced wiih Lone Wolf TranaactiOl'IS (zipFam Edttion) 717 N Hwwcod st; Suite 2200, Dalas1 TX 75201 WWW lwoltoom 2021N.- ~ •aw.,~
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ITEM NO. 24.
Docusign Envelope ID: 6A3836A9-58F3-8D4D-836D-03EB4ABE20F8 period to determine the need, availability and possibility of securing any and all forms of other insurance or coverage or any conditions imposed by insurer as a requirement of issuing insurance. If Buyer does any repairs to the property during the escrow period or Buyer takes possession prior to Close of Escrow or Seller remains in possession after Close of Escrow, whether for a limited or extended period of time, Broker(s) recommend that Buyer and Seller each consult with their own insurance agent regarding insurance or coverage that could protect them in the transaction (including but not limited to: personal property, flood, earthquake, umbrella and renter's). Buyer and Seller are advised that traditional title insurance generally protects Buyer's title acquired through the sale of the property. VVhile all title insurance policies, as do all insurance policies, contain some exclusions, some title insurance policies contain exclusions for any liability arising from a previous foreclosure. This can occur when a short sale has occurred but the lender mistakenly has also proceeded with a foreclosure. Buyer is strongly advised to consult with a title insurer to satisfy themselves that the policy to be provided adequately protects their title to the property against other possible claimants. Brokers do not have expertise in this area.
9. LAND LEASE: Buyer and Seller are advised that certain developments are built on leased land. This means that: (i) Buyer does not own the land, (ii) the right to occupy the land will terminate at some point in time, (ii) the cost to lease the land may increase at some point in the Mure, and (Iv) Buyer may not be able to obtain title insurance or may have to obtain a different type of title insurance. If Buyer wants further information, Broker recommends that Buyer discuss the issue with an attorney or other appropriate professional. Brokers do not have expertise in this area.
10. MARIJUANA, CANNABIS, AND METHAMPHETAMINE LABS: Buyer and Seller are advised that California law permits individual patients to cultivate, possess and use marijuana for medical purposes. Furthermore, California law permits primary caregivers, lawfully organized cooperatives, and collectives to cultivate, distribute and possess marijuana for medicinal purposes. California law also allows recreational use of marijuana for adults, as well as limited rights for individuals to grow and cultivate marijuana, and rights of others, subject to a licensing process, to grow, cultivate and distribute marijuana for recreational use. California's medical and recreational marijuana laws are in direct conflict with federal law which recognizes no lawful use for marijuana and has no exemptions for medical use. Federal criminal penalties, some of which mandate prison time, remain in effect for the possession, cultivation and distribution of marijuana. Buyer and Seller are strongly advised to seek legal counsel as to the legal risks and issues surrounding owning or purchasing a property where medical or any other marijuana activity is taking place. Marijuana storage, cultivation and processing carry the risk of causing mold, fungus or moisture damage to a property, additionally, some properties where marijuana has been cultivated have had alterations to the structure or the electrical system which may not have been done to code or with permits and may affect the safety of the structure or the safe operation of the electrical system. Buyer is strongly advised to retain an environmental hygienist contractor and other appropriate professionals to inspect a property where medical or any other marijuana activity has taken place. Broker recommends that Buyer and Seller involved with a property where there is medical marijuana activity or where it may take place review the California Attorney General's Guidelines for the "Security and Non-Diversion of Marijuana Grown for Medical usen https:ttoag,ca.gov/system/filestattachments/press:docs/MEDJCINAL %20CANNABIS%2QGuidelines.pdt and the U.S. Department of Justice memo regarding marijuana prosecutions at https·/twww justjce gov/opa/press-re!ease/ file/1022196/down!oad. Brokers do not have expertise in this area. VVhile no state law permits the private production of methamphetamine, some properties have been the site of an illegal methamphetamine laboratory. State law imposes an obligation to notify occupants, a ban on occupying the property and clean up requirements when authorities identify a property as being contaminated by methamphetamine. Buyer is advised that a property where methamphetamine has been produced may pose a very serious health risk to occupants. Buyer is strongly advised to retain an environmental hygienist contractor or other appropriate professionals to inspect the property if methamphetamine production is suspected to have taken place. Brokers do not have expertise in this area.
11. OWNER'S TITLE INSURANCE: The Truth in Lending/RESPA integrated disclosure (TRIO) established by the Consumer Financial Protection Bureau (CFPB) requires that lenders must tell borrowers that title insurance is "optional.• VVhile obtaining an owner's policy of title insurance may be "optional", it may be a contractual requirement as between Buyer and Seller. Furthermore, California Civil Code§ 1057.6 requires that Buyers be provided with the following notice:
"IMPORTANT: IN A PURCHASE OR EXCHANGE OF REAL PROPERTY, IT MAY BE ADVISABLE TO OBTAIN TlllE
INSURANCE IN CONNECTION WITH THE CLOSE OF ESCROW SINCE THERE MAY BE PRIOR RECORDED LIENS AND ENCUMBRANCES WHICH AFFECT YOUR INTEREST IN THE PROPERTY BEING ACQUIRED. A NEW POLICY
OF TITLE INSURANCE SHOULD BE OBTAINED IN ORDER TO ENSURE YOUR INTEREST IN THE PROPERTY THAT YOU ARE ACQUIRING."
Additionally, even the CFPB on its "ask CFPB" "What is owner's title insurance?" page advises "You may want to buy an owner's title insurance policy, which can help protect your financial interest in the home." Moreover, not obtaining an owner's policy may increase the cost of the lender's policy (required by most lenders), possibly require the separate purchase of a preliminary title report, and may have an impact on the sale of the Property in the future.
Buyers who decide to opt out of obtaining an owner's title insurance policy are acting against the advice of Brokers as well as the advice provided in the California Civil Code§ 1057.6 and by the CFPB. Brokers do not have expertise in this area.
SBSA REVISED 6/24 (PAGE 7 OF 15)
STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 7 OF 15) Produced wilh Lone Woff Transactiona (lipFcm, Ed~ion) 717 N Ha-wood SI, Suite 2200, Dalas, TX 75201 wt<W lwPff <XlfIJ 2021 N.,,.
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-5BF3-8D4D-836D-03EB4ABE20FB
12. RENT AND EVICTION CONTROL LAWS AND ORDINANCES: Buyer and Seller are advised that California and some cities and counties impose or may impose restrictions that limit the rent that can be charged to a tenant, the maximum number of tenants who can occupy the property, the right of a landlord to terminate a tenancy and the costs to do so, and the consequences of terminating a tenancy unlawfully. Even if property that is currently vacant was previously tenant occupied, the termination of that previous tenancy may affect a buyer's rights such as the legal use of the property and who may occupy the property in the future. If Buyer wants further information, Broker(s) recommend that Buyer investigate the issue with an appropriate government authority or a qualified California real estate attorney during Buyer's investigation contingency period. Brokers do not have expertise in this area.
13. RETROFIT, BUILDING REQUIREMENTS, AND POINT OF SALE REQUIREMENTS: Buyer and Seller are advised that state and local Law may require (I) the installation of operable smoke detectors, (II) bracing or strapping of water heaters, and (iii) upon sale completion of a corresponding written statement of compliance that is delivered to Buyer. Although not a point of sale or retrofit obligation, state law may require the property to have operable carbon monoxide detection devices ..
Additionally, some city and county governments may impose additional retrofit standards at time of sale including, but not limited to, installing or retrofitting low-flow toilets and showerheads, gas shut-off valves, fireplaces, and tempered glass.
Further, there may be potential health impacts from air pollution caused from burning wood. Exposure to particulate matter from the smoke may cause short-term and long-term health effects. Buyers should consult with licensed professional to inspect, properly maintain, and operate a wood burning stove or fireplace. Broker(s) recommend that Buyer and Seller consult with the appropriate government agencies, inspectors, and other professionals to determine the retrofit standards for the Property, the extent to which the Property complies with such standards, and the costs, if any, of compliance.
Brokers do not have expertise in this area.
14. SHORT TERM RENTALS AND RESTRICTIONS: Buyer and Seller are advised that some cities, counties and Homeowner Associations (HOAs) do impose or may impose restrictions that limit or prohibit the right of the owner or occupant to rentout the Property for short periods of time (usually 30 Days or less). In short term rentals, as well as all rentals, Buyer and Seller are advised to seek assistance to ensure compliance with all fair housing laws and regulations. If Buyer wants further information, Broker(s) recommend that Buyer investigate the issue with an appropriate government authority or HOA during Buyer's investigation contingency period. Brokers do not have expertise in this area.
15. VIEWS: Buyer and Seller are advised that present views from the Property may be affected by future development or growth of trees and vegetation on adjacent properties and any other property within the line of sight of the Property_ Brokers make no representation regarding the preservation of existing views. If Buyer wants further information, Broker(s) recommend that Buyer review covenants, conditions and restrictions, if any, and contact neighboring property owners, government agencies and homeowner associations, if any, during Buyer's investigation contingency period. Brokers do not have expertise in this area.
16. SWIMMING POOL, SECURITY AND SAFETY: Buyer and Seller are advised that state and local Law may require the installation of barriers, anti-entrapment grates, access alarms, self-latching mechanisms, pool covers, exit alarms 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. Compliance requirements differ from city to city and county to county. Unless specifically agreed, the Property may not be in compliance with these requirements. If Buyer wants further information, Broker(s) recommend that Buyer contact local government agencies about these restrictions and other requirements. State law requires that new pools and spas be equipped with at least two of seven specified drowning prevention safety features. Home inspectors have a statutory obligation to perform a non-invasive physical examination of the pool area to identify which safety features are present. Brokers do not have expertise in this area.
17. WATER SHORTAGES AND CONSERVATION: Buyer and Seller are adVlsed that the Property may be located In an area that could experience water shortages. The policies of 1local water districts and the city or county in which the Property is located can result in the occurrernce of any or all of the following: (I) limitations on the amount of water available to the Property, (ii) restrictions on the use of water, and (iii) an increasingly graduated cost per unit of water use, including, but not limited to, penalties for excess usage. For further information, Broker recommends that Buyer contact the supplier of water to the Property regarding the supplier's current or anticipated policies on water usage and to determine the extent to which those policies may affect Buyer's intended use of the Property. If the Property is serviced by a private well, Buyer is advised that drought conditions and/or a low water table may make it necessary to arrange, through a private supplier, for delivery of water to the Property. Buyers should contact water truck companies for the costs involved. Brokers do not have expertise in this area.
18. 1915 IMPROVEMENT BOND MELLO-ROOS COMMUNITY DISTRICT, AND OTHER ASSESSMENT DISTRICTS:
Buyer and Seller are advised that the Property may be subject to an improvement bond assessment under the Improvement Bond Act of 1915, a levy of a special tax pursuant to a Mello-Roos Community Facilities district, and/or a contractual assessment as provided in § 5898.24 of the Streets And Highways Code or other assessment districts .
Seller is generally required to make a good faith effort to obtain a d'isclosure notice from any local agency collecting such taxes and dellver such notice to Buyers. If there Is a question as to whether an existing bond or assessment wlll be prorated as of the close of escrow, or whether Seller will pay off the bond or assessment at close of escrow, Buyers are advised to discuss the matter with the appropriate entity and address the responsibility for payment in negotiations for the purchase agreement or amendment prior to removing contingencies. Some cities and other localities have begun, or have the intention to begin, the process of requiring the replacement of utility poles by requiring that utility lines be buried underground. These projects can result in special tax assessments and set-up costs that are imposed on individual property owners. Brokers do not have expertise in this area.
SBSA REVISED 6/24 (PAGE 8 OF 15)
STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 8 OF 15) Page 1009 Prcxluood with bClOO Wof TransactiON (~orm Esdition) 717 N H&IWOOd St. Suttc 2200, Dallas, TX 75201 WWW !watt com ZOZI Now ITEM NO. 24.
Docusign Envelope ID: 6A3836A9-58F3-8D4D-836D-03EB4ABE20F8 C. Off-Site and Neighborhood Conditions
1. GOLF COURSE DISCLOSURES: Buyer and Seller are advised that if the Property is located adjacent to or near a golf course the following may apply: (i) Stray golf balls - Any residence near a golf course may be affected by errant golf balls, resulting in personal injury or destruction to property. Golfers may attempt to trespass on adjacent property to retrieve golf balls even though the project restrictions may expressly prohibit such retrieval. (ii) Noise and lighting - The noise of lawn mowers irrigation systems and utility vehicles may create disturbances to homeowners. Maintenance operations may occur in the earty morning hours. Residents living near the clubhouse may be affected by extra lighting, noise, and traffic. (iii) Pesticides and fertilizer use - A golf course may be heavily fertilized, as well as subjected to other chemicals during certain periods of the year. (Iv) Irrigation system - Golf course sprinkler systems may cause water overspray upon adjacent property and structures. Also the irrigation system of a golf course may use reclaimed and retreated wastewater. (v) Golf carts - Certain lots may be affected more than others by the use of golf carts. Lots adjacent to a tee or putting green may be subject to noise disturbances and loss of privacy. (vi) Access to golf course from residences - It is likely that most residences will not have direct access from their lots to the golf course. The project restrictions may disclaim any right of access or other easements from a resident's lot onto the golf course. (vii) View obstruction - Residents living near a golf course may have their views over the golf course impacted by maturing trees and landscaping or by changes to the course's configuration. (viii) Water restrictions - As some municipalities face water shortages, the continued availability of water to the golf course may be restricted or otherwise reduced by the local water agency. If Buyer wants further information, Broker(s) recommend that Buyer contact the local water agency regarding this matter. Brokers do not have expertise in this area.
2. NEIGHBORHOOD, AREA, PERSONAL FACTORS, BUYER INTENDED USE, HIGH SPEED RAILS, AND SMOKING RESTRICTIONS: Buyer and Seller are advised that the following may affect the Property or Buyer's intended use of it:
neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, crime, fire protection, other government services, availability, adequacy and cost of any speed-wired, wireless internet connections or other telecommunications or other technology services and installations, proximity to medical marijuana growing or distribution locations, cell phone towers, manufacturing, commercial, industrial, airport or agricultural activities or military ordnance locations, existing and proposed transportation, construction, and development, any other source that may affect noise, view, traffic, or odor, wild and domestic animals, susceptibility to tsunami and adequacy of tsunami warnings, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmentally-protected sites or improvements, cemeteries, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer and FM requirements for recreational and non-recreational use of Unmanned Aircraft Systems (UAS) (drones) (see UAS frequently asked questions http:// www.faa.gov/uastfaqsl). California is potentially moving toward high speed rail service between Northern and Southern California. This rail line could have an impact on the Property if it is located nearby. More information on the timing of the project and routes is available from the California High-Speed Rail Authority at www.cahighspeedral.ca.gov/. The State of California has long-standing no smoking laws in place restricting smoking in most business and some public spaces.
Local jurisdictions may enact laws that are more restrictive than state law. Many California cities have enacted restrictions on smoking in parks, public sidewalks, beaches and shopping areas. Some jurisdictions have restrictions entirety banning smoking inside privately owned apartments and condominiums as well as in the common areas of such structures, or limiting smoking to certain designated areas. If Buyer wants further information, Broker(s) recommend that Buyer contact local government agencies about these restrictions. Brokers do not have expertise in this area.
3. NEIGHBORHOOD NOISE SOURCES: Buyer and Seller are advised that even if the Property is not in an identified airport noise infliuence area, the Property may still be subject to noise and air disturbances resulting from airplanes and other aircraft, commercial or military or both, flying overhead. Other common sources of noise include nearby commercial districts, schools, traffic on streets, highways and freeways, trains and general neighborhood noise from people, dogs and other animals. Noise levels and types of noise that bother one person may be acceptable to others. Buyer is advised to satisfy him/herself with regard to any sources of and amounts of noise at different times of day and night Brokers do not have expertise in this area.
4. SCHOOLS: Buyer and Seller are advised that children living in the Property may not, for numerous reasons, be permitted to attend the school nearest the Property. Various factors induding, but not limited to, open enrollment policies, busing, overcrowding and class size reductions may affect which public school serves the Property. School district boundaries are subject to change. Buyer is advised to verify whether the Property is now, and at the Close of Escrow will be, in the school district &Iyer understands it to be in and whether residing in the Property entitles a person to attend any specific school in which that Buyer is interested. Broker(s) recommend that Buyer contact the local school or school district for additional information during Buyer's investigation contingency period. Brokers do not have expertise in this area.
5. UNDERGROUND PIPELINES AND UTILmES: Throughout California underground pipelines transport natural gas, liquid fuel and other potentially hazardous materials. These pipelines may or may not provide utility services to the Property.
Information about the location of some of the pipelines may be available from a company that also provides disclosures of natural and other hazards or from other sources of public maps or records. Proximity to underground pipelines, in and of itself, does not affirmatively establish the risk or safety of the property. If Buyer wants further information about these underground pipelines and utilities, Buyer is advised to consult with appropriate experts during Buyer's investigation contingency period. Brokers do not have expertise in this area. &. WILDLIFE: California is the home to many species of wildlife. The location of homes in California oontinues to expand into areas that a.re the natural habitat of wildlife and the Property may be in such an area. \Midlife may become a nuisance especially if the availability of their natural sources of food or water is limited. Buyer should investigate the need to SBSA REVISED 6/24 (PAGE 9 OF 15)
STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 9 OF 15) Prodl.lC8d with Lone WoW Tranoac!lona (>lpFom, Edition) 717 N Ha,wood s~ Suite 2200, Dala&, TX 75201 w.w, l'llottcom 2021 N.,. Page 1010 ~ --"""""""'
ITEM NO. 24.
Docusign Envelope ID: 6A3836A9-58F3-8D4D-836D-03EB4ABE20F8 implement mitigation measures at the Property including but not limited to the use of animal-resistant garbage containers, and other appropriate measures depending on the species and habitat involved. Brokers do not have expertise in this area.
7. SEA LEVEL RISE/COASTAL PROPERTIES: Sea level rise has the potential to affect coastal residents, recreation, and development. Coastal communities may or may not have addressed the potential impact The following is a nonexclusive list of issues that may be impacted by sea level rise: (i) Shoreline, beach and bluff erosion, and flooding; (ii) The effectiveness of seawalls and bulkheads, whether built with or without permits; (iii) Seaward construction, development or improvement to existing structures; (iv) The enactment of geological hazard abatement districts and assessments; and (v) The location of the "mean high tide line" which is used to delineate shoreline boundaries for some coastal properties.
Below is a non-exhaustive list of potential resources provided as a starting point for Buyer investigations into sea level rise, and not as an endorsement or guarantee that any federal, state, county, city or other resource will provide complete advice.
A. California Coastal Commission contact information: https;//www.coastal.ca.goy/contacU#/ B. State Lands Commission contact information: https://www.slc.ca.gov/contact-us/ C. National Oceanic and Atmospheric Administration (sea level rise page): https://coast.noaa,gov,s!r/ D. California Coastal Commission (sea level rise page): https-//www.coastal,ca.goy/djmate/sl[/ E. Federal Emergency Management Agency (FEMA): https://www.fema.gov/flood-maps; https://msc.fema.gov If Buyer wants further information, Broker recommends that Buyer discuss the issue with an appropriate professional during Buyer's investigation contingency period. Brokers do not have expertise in this area.
D. Legal Requirements (Federal, State and Local)
1. DEATli ON THE PROPERTY: California Civil Code§ 1710.2 protects a seller from: (i) failing to disclose a death on the property that occurred more than 3 years before a buyer has made an offer on a property; and (ii) failing to disclose if an occupant of a property was afflicted with HIV/AIDS, regardless of whether a death occurred or if so, when § 1710.2 does not protect a seller from making a misrepresentation in response to a direct inquiry. If the Buyer has any concerns about whether a death occurred on the Property or the manner, location, details or timing of a death, the buyer should direct any specific questions to the Seller in writing. Brokers do not have expertise in this area.
2. EARTHQUAKE FAULT ZONES AND SEISMIC HAZARD ZONES: Buyer and Seller are advised that California Public Resources Code §§ 2622 and 2696 require the delineation and mapping of "Earthquake Fault Zones" along known active faults and "Seismic Hazard Zones• in California. Affected cities and counties must regulate certain development projects within these zones. Construction or development on affected properties may be subject to the findings of a geological report prepared by a registered California geologist. Generally, Seller must disclose if the Property is in such a zone and can use a research company to aid in the process. If Buyer wants further information, Broker recommends that during Buyer's investigation contingency period, Buyer make independent inquiries with such research companies or with appropriate government agencies concerning the use and improvement of the Property. Buyer is advised that there is a potential for earthquakes and seismic hazards even outside designated zones. Brokers do not have expertise in this area.
3. EPA's LEAD-BASED PAINT RENOVATION, REPAIR AND PAINTING RULE: The new n.ile requires that contractors and maintenance professionals working in pre-1978 housing, child care facilities, and schools with lead-based paint be certified; that their employees be trained; and that they follow protective work practice standards. The rule applies to renovation, repair, or painting activities affecting more than six square feet of lead-based paint in a room or more than 20 square feet of lead-based paint on the exterior. Enforcement of the rule begins October 1, 2010. See the EPA website at http://www.epa.gov/lead for more information. Buyer and Seller are advised to consult an appropriate professional.
Brokers do not have expertise in this area.
4. FIRE HAZARDS: Buyer and Seller are advised that fires annually cause the destruction of thousands of homes. Due to varied climate and topography, certain areas have higher risks of fires than others. Certain types of materials used in home construction create a greater risk of fire than others. If the Property is located within a State Fire Responsibility Area or a Very High Fire Hazard Zone, generally Seller must disclose that fact to Buyer under California Public Resources Code§ 4136 and California Government Code§§ 51178 and 51183.5, and may use a research company to aid in the process. Owners of property may be assessed a fire prevention fee on each structure on each parcel in such zones.
The fee may be adjusted annually commencing July 1, 2013. If Buyer wants further information, Hroker recommends that, during Buyer's investigation and insurance contingency period, Buyer contact the local fire department and Buyer's insurance agent regarding the risk of fire. Buyer is advised that there is a potential for fires even outside designated zones. Brokers do not have expertise in this area.
5. FIRPTA/CALIFORNIA WITHHOLDING: Buyer and Seller are advised that: (I) Internal Revenue Code§ 1445, as of February 17, 2016, requires a Buyer to withhold and to remit to the Internal Revenue Service 15% of the purchase price of the property if the Seller is a non-resident alien, unless an express exemption applies. Only 10% needs to be withheld if the Buyer acquires the property as Buyer's residence and the price does not exceed $1,000,000. Seller may avoid withholding by providing Buyer a statement of non-foreign status. The statement must be signed by Seller under penalty of pe~ury and must include Seller's tax identification number. Buyer can also avoid having to withhold Federal taxes from Seller's Proceeds if the property price is $300,000 or less, and the Buyer signs an affidavit stating Buyer intends to occupy the property as a principal residence. (ii) California Revenue and Taxation Code § 18662 requires that a Buyer withhold and remit to the California Franchise Tax Board 3 1/3% of the purchase price of the property unless the Seller $BSA REVISED 6./24 (PAGE 10 OF 15)
STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 10 OF 15) Produced with Lone WoW Tranaaction1 (zipFom, Edition) 717 N Harwood S1. Su~• 2200, Dales, TX 75201 WWW !wolf com 2021 N.,. Page 1011 ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-804D-836D-03EB4ABE20F8 signs an affidavit that the property was the Seller's (or the decedent's, if a trust or probate sale) principal residence or that the sales price is $100,000 or less or another express exemption applies. Exemptions from withholding also apply to legal e,ntities such as corporations, LLCs, and partnerships. Brokers cannot give tax or legal advice. Broker recommends that Buyer and Seller seek advice from a CPA, attorney or taxing authority. Brokers do not have expertise in this area.
6. FLOOD HAZARDS: Buyer and Seller are advised that if the Property is located within a Special Flood Hazard Area, as designated by the Federal Emergency Management fvJency (FEMA), or an area of Potential Flooding pursuant to California Government Code § 8589.3, generally Seller must disclose this fact to Buyer and may use a research company to aid in the process. The National Flood Insurance Program was established to identify all flood plain areas and establish flood-risk zones within those areas. The p~ram mandates flood insurance for properties within high-risk zones if loans are obtained from a federally-regulated financial institution or are insured by any agency of the United States Government The extent of coverage and costs may vary. If Buyer wants further information, Broker(s) recommend that Buyer consult his or her lender and/or insurance agent during Buyer's investigation contingency period. Buyer is advised that there is a potential for flooding even outside designated zones. Brokers do not have expertise in this area.
7. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to§ 290.46 of the Penal Code, infonnation about specific registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at http://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 Brokers, in any, are required to check this website. If Buyer wants further information, Buyer should obtain information directly from this website.) Brokers do not have expertise in this area.
8. NOTICE OF YOUR SUPPLEMENTAL PROPERTY TAX BILL; ACCURATE SALES PRICE REPORTING: Buyer and Seller are advised that pursuant to Civil Code § 1102.6(c), Seller, or his or her agent, is required to provide the following notice to the Buyer:
"California property tax law requires the Assessor to revalue real property at the time the ownership of property changes. Because of this law, you may receive one or two supplemental tax bills, depending on when your loan closes.
The supplemental tax bills are not mailed to your lender. Even if you have arranged for your property tax payr:nents to be paid through an impound account, the supplemental tax bills wm not be paid by your lender. It is your responsibilify to pay these supplemental bills directly to the Tax Collector. If you tiave any questions concerning ttiis matter, please call your Tax Collector's Office." Although the notice refers to loan closing as a bigger, it is actually the change of ownership which bigger.; this reassessment of property truces. Therefore, the Property can be reassessed even if there is no loan involved in the purcilase of the Property.
The Purchase Agreement may allocate supplemental tax bills received after the Close of Escrow to the Buyer_ A change (preliminary change) of ownership form is generally required to be filed by the Buyer with the local taxing agency. The form identifies the sales price of the Property. An assessor may value the Property at its fair market value regardless of the sales price declared by the Buyer. If Buyer wants further information concerning these matters, Broker(s) recommend that Buyer discuss the issue with the County Assessor or Tax Collector or their own tax or legal advisor. Brokers do not have expertise in this area.
9. ZONE MAPS MAY CHANGE: Maps that designate, among other things, Earthquake Fault Zones, Seismic Hazard Zones, State Fire Responsibility Areas, Very High Fire Hazard Zones, Special Flood Hazard Areas, and Potential Flooding Areas are occasionally redrawn by the applicable Government Agency. Properties that are currently designated in a specified ;i:one or area could be removed and properties that are not now designated in a specified ;i:one or area could be placed in one or more such zones or areas in the future. A property owner may dispute a FEMA flood hazard location by submitting an application to FEMA. Brokers do not have expertise in this area.
10. ELECTRIFICATION OF ENERGY SOURCE: Several local jurisdictions in California have enacted laws which prohibit the use of natural gas appliances in new construction. other local jurisdictions, and State of California, are considering bans, and may even prohibit the replacement, sale or installation of appliances that use any fuel source other than electricity.
Brokers do not have expertise in this area.
E. Contract Related Issues and Terms
1. SIGNING DOCUMENTS ELECTRONICALLY: The ability to use electronic signatures to sign legal documents is a great convenience, however Buyers and Sellers should understand they are signing a legally binding agreement. Read it carefully. Although electronic signature programs make it easy to skip from one signature or initial line to another, Buyers and Selrers are cautioned to only sign if they have taken the time necessary to read each document thoroughly, understand the entire document, and agree to all of its terms. Do not just scroll through or skip to the next signature or initial line, even if you have reviewed an earlier draft of the document If you have questions or do not understand a provision, before you sign ask your Broker, Agent or legal advisor about the contract term and sign only if you agree to be bound by it. Some signature or initial lines are optional, such as for the liquidated damages and arbitration clauses.
Consider your decision before signing or initialing. See below for more information on the liquidated damages and arbitration clauses. If there are more than one buyer or seller, each must sign or initial on their own. Do not sign or initial for anyone else unless you have a power of attorney for that person or are otherwise legally authorized, in writing, to SBSA REVISED 6/24 (PAGE 11 OF 15)
STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 11 OF 15) Produced with Lone Wonraisactiona (zipFom, Edition) 717 N Harwood s~ Su~• 2200, Dalu, TX 75201 w,r,, /wOlt com 2021 N.,. Page 1012 ITEM NO. 24.
Docusign Envelope ID: 6A3836A9-58F3-8D4D-836D-03EB4ABE20F8 sign or initial for another. Print or electronically store a oopy of the document for your own reoords. Brokers do not have expertise in this area.
2. LIQUIDATED DAMAGES: Buyer and Seller are advised that a liquidated damages clause is a provision Buyer and Seller can use to agree in advance to the amount of damages that a seller will receive if a buyer breaches the Agreement.
The clause usually provides that a seller will retain a buyer's initial deposit paid if a buyer breaches the agreement, and generally must be separately initialed by both parties and meet other statutory requirements to be enforceable. For any additional deposits to be oovered by the liqlllidated damages clause, there generally must be another separately signed or initialed agreement (see C.A.R. Form DID}. However, if the Property contains from 1 to 4 units, one of which a buyer intends to occupy, California Civil Code Section 1675 limits the amount of the deposit subject to liquidated damages to 3% of the purchase price. Even though both parties have agreed to a liquidated damages clause, an escrow company will usually require either a judge's or arbitrator's decision or instructions signed by both parties ini order to release a buyer's deposit to a seller. Buyers and Sellers must decide on their own, or with the advice of legal counsel, whether to agree to a liquidated damages clause. Brokers do not have expertise in this area.
3. MEDIATION: Buyer and Seller are advised that mediation is a process by which the parties hire a neutral person to facilitate discussion and negotiation between the parties with the goal of helping them reach a settlement of their dispute.
The parties generally share in the cost of this confidential, non-binding negotiation. If no agreement is reached, either party can pursue further legal action. Under C.A.R. Form RPA: (i} the parties must mediate any dispute arising out of their agreement (with a few limited exceptions, such as matters within the jurisdiction of a small claims court} before they resort to arbitration or court, and (ii) if a party proceeds to arbitration or court without having first attempted to mediate the dispute, that party risks losing the right to recover attorney fees and costs even if he or she prevails. Brokers do not have expertise in this area.
4. ARBITRATION: Buyer and Seller are advised that arbitration is a process by which the disputing parties hire a neutral person to render a binding decision. Generally, arbitration is faster and less expensive than resolving disputes by litigating in court. The rules are usually less formal than in court, and it is a private process not a matter of public record.
By agreeing to arbitration, the parties give up the right to a jury trial and to appeal the arbitrator's decision. Arbitration decisions have been upheld even when arbitrators have made a mistake as to the law or the facts. If the parties agree to arbitration, then after first attempting to settle the dispute through mediation, any dispute arising out of their agreement (with a few limited exceptions) must be submitted to binding arbitration. Buyer and Seller must weigh the benefits of a potentially quicker and less expensive arbitration against giving up the right to a jury trial and the right to appeal. Brokers cannot give legal adVice regarding these matters. Buyers and Sellers must decide on their own, oli with the adVice of legal counsel, whether to agree to arbitration. Brokers do not have expertise in this area.
5. ESCROW FUNDS: Buyer and Seller are advised that California Insurance Code § 12413.1 provides that escrow companies cannot disburse funds unless there are sufficient "good funds" to cover the disbursement. "Good funds" are defined as cash, wire transfers and cashiers' or certified checks drawn on California depositories. Escrow companies vary in their own definitions of "good funds." Broker(s} recommend that Buyer and Seller ask the escrow company regarding its treatment of "good funds.• All samples and out-of-state checks are subject to waiting periods and do not constitute "good funds" until the money is physically transferred to and received by the escrow holder.
Brokers do not have expertise in this area.
6. HOME WARRANTY: Buyer and Seller are advised that Buyer and Seller can purchase home warranty plans covering certain standard systems of the Property both before and after Close of Escrow. Seller can obtain coverage for the Property duringI the listing period. For an additional premium, an upgraded policy providing additional coverage for air conditioning, pool and spa and other features can be purchased. Home warranties do not cover every aspect of the Property and may not cover inspections or upgrades for repairs required by state or federal laws or pre-existing conditions. Broker(s) recommend that Buyer review the policy for details. Brokers do not have expertise in this area.
7. IDENTIFICATION OF NATURAL PERSONS BEHIND SHELL COMPANIES IN ALL-CASH TRANSACTIONS:
The U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN) has issued Geographic Targeting Orders (GTOs) targeting alleged money laundering risk in the real estate sector. The GTOs will temporarily require U.S. title insurance companies to identify the natural persons behind shell companies used to pay "all cash" for high- end residential real estate in certain major metropolitan areas. FinCEN explained that it remains concerned that all- cash purchases (i.e., those without bank financing} may be conducted by individuals attempting to hide their assets and identity by purchasing residential properties through limited liability companies or other similar structures. Since the original issuance, the GTOs have been renewed and may continue to be renewed. The GTOs cover the following areas in California: Los Angeles, San Francisco, San Mateo, Santa Clara and San Diego Counties. The monetary thresholds for each county is $300,000. GTOs have helped law enforcement identify possible illicit activity. FinCEN reported that a significant portion of covered transactions have dictated possible criminal activity associated with the individuals reported to be the beneficial owners behind shell company purchasers. Brokers do not have expertise in this area.
8. NON CONFIDENTIALITY OF OFFERS: 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 (such as CAR. Form NDA). Whether any such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice in the real estate community, the Listing Agent's marketing strategy and the instructions of the Seller. Brokers do not have expertise in this area.
9. ONLINE OR WIRE FUNDS TRANSFERS: Instructions for the online or wire transfer of escrow deposits have been known to be intercepted by hackers who alter them so that Buyer's funds are actually wired to acoounts controlled by criminals rather than the escrow company. Buyers should exercise extreme caution in making electronic funds transfers, SBSA REVISED 6/24 (PAGE 12 OF 15) @
STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 12 OF 15) ':?.':';:
ITEM NO. 24.
Docusign Envelope ID: 6A3836A9-58F3-8D4D-836D-03EB4ABE20F8 verifying that the organization they are transferring funds to is, in fact, the escrow company and that their own bank account information is not being exposed. See CAR. Form WFA for further information. Brokers do not have expertise in this area.
F. Other Factors Affecting Property
1. COMMUNITY ENHANCEMENT AND PRIVATE TRANSFER FEES: Buyer and Seller are advised that some areas or communities may have enhancement fees or user-type fees, or private transfer taxes and fees, over and above any stated fees. The Federal Housing Finance Agency has issued a rule that prohibits Fannie Mae and Freddie Mac from purchasing loans made on properties with private transfer fees if those fees were established on or after February 8, 2011. See title 12 Code of Federal Regulations § 1228 for more information and exceptions. Private transfer fees: (I) may last for a fixed period of time or in perpetuity, (ii) are typically calculated as a percentage of the sales price, and (iii) may have private parties, charitable organizations or interest-based groups as their recipients who may use the funds for social issues unrelated to the property. Brokers do not have expertise in this area.
2. GENERAL RECALL/DEFECTIVE PRODUCT/CLASS ACTION INFORMATION: Buyer and Seller are advised that government entities and manufacturers may at any time issue recall notices and/or warnings about products that may be present in the Property, and that these notices or warnings can change. The following nonexclusive, non-exhaustive list contains examples of recalled/defective products/class action information: horizontal furnaces, Whirlpool Microwave Hood Combination; RE-ConBuilding products roof tiles; Central Sprinkler Company Fire Sprinklers; Robert Shaw Water Heater Gas Control Valves; Trex Decking; water heaters; aluminum wiring; galvanized, abs, polybutylene PEX, KITEC® and copper pipe; and dry wall manufactured in China. There is no single, all-inclusive source of information on product recalls, defective products or class actions; however, the U.S.
Consumer Product Safety Commission (CPSC) maintains a website that contains useful information. If Buyer wants further information regarding the items listed above, Broker(s) recommend that Buyer review the CPSC website at .!::!1tQJL www.cpsc.gov/ during Buyer's investigation contingency period. Another source affiliated with the CPSC is .tl.tm;Ll saferproducts,oov/ which allows a Buyer to search by product type or product name. Buyer may also search using the various search engines on the Internet for the specified product or products in question. Brokers recommend that Buyer satisfy themselves regarding recalled or defective products. Brokers will not determine if any aspect of the Property is subject to a recall or is affected by a class action lawsuit. Brokers do not have expertise in this area.
3. HOMEOWNER ASSOCIATIONS AND COVENANTS, CONDITIONS AND RESTRICTIONS ("CC&Rs"); CHARGING STATIONS; FHANA APPROVAL: Buyer and Seller are advised that if the Property is a condominium, or located in a planned unit de.velopmen~ or in a common interest subdivision, there are typically restrictions on use of the Property and rules that must be followed. Restrictions and rules are commonly found in Declarations and other governing documents. Further there is likely to be a homeowner association (HOA) that has the authority to affect the Property and its use. Whether or not there is a HOA, the Property may still be subject to CC&Rs restricting use of the Property.
The HOA typically has the authority to enforce the rules of the association, assess monetary payments (both regular monthly dues and special assessments) to provide for the upkeep and maintenance of the common areas, and enforce the rules and assessment obligations. If you fail to abide by the rules or pay monies owed to the HOA, the HOA may put a lien against your Property. Additionally, if an electric vehicle charging station is installed in a common area or an exclusive use common area, each Seller whose parking space is on or near that charging station must disclose its existence and that the Buyer will have the responsibilities set forth in California Civil Code §4745. The law requires the Seller to provide the Buyer with the CC&Rs and other governing documents, as well as a copy of the HOA's current financial statement and operating budget among other documents. Effective July 1, 2016, a Common Interest Development (CID) will be required to incll!lde in its annual budget report a separate statement describing the status of the CID as a Federal Housing Administration or Department of Veterans Affairs approved Development. While the purchase agreement and the law require that the annual budget be provided by Seller to Buyer, Brokers will not and cannot verify the accuracy of information provided by the CID. Buyer is advised to carefully review all HOA documents provided by Seller and the CC&Rs, if any, and satisfy him/herself regarding the use and restrictions of the Property, the amount of monthly dues and/or assessments, the adequacy of reserves, current and past insurance coverage and claims, and the possibility of any legal action that may be taken by or against the HOA The HOA may not have insurance or may not cover personal property belonging to the owner of the unit in the condominium, common interest or planned unit development. For more irnformation Buyer may request from Broker the CAR. Legal Q&A titled:
"Homeowners' Associations: A Guide for REALTORS®". Brokers do not have expertise in this area.
Although unenforceable, it is possible the CC&Rs, deed or other document on title may contain a covenant which at one time may have purported to discriminate against persons based on race, religion or other protected class or characteristics. You have the right to request the assistance of the title or escrow company to help you prepare a form which will be provided to the County and may result in the discriminatory language being removed from the public record. You may also get a notice informing you of these rights from the Broker or title or escrow company. For more information Buyer may request from Broker the CAR. Legal Quick Guide titled: "Agent Disclosure of Discriminatory Covenants Based on Actual Knowledge."
4. LEGAL ACTION: Buyer and Seller are advised that if Seller or a previous owner was involved in a legal action (litigation or arbitration) affecting the Property, Buyer should obtain and review public and other available records regarding the SBSA REVISED 6/24 (PAGE 13 OF 15) ~ (()I.IAl.~U.1!1(1
STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 13 OF 15) ~CRl\l>i11T
ITEM NO. 24.
Docusign Envelope ID: 6A3836A9-58F3-8D4D-836D-03EB4ABE20F8 legal action to determine: (i) whether the legal action or any resolution of it affects Buyer and the Property, (ii) if any rights against any parties involved in the legal action survive the legal action or have been terminated or waived as a result of the legal action, whether or not involving the same issue as in the legal action, and (iii) if any recommendations or requirements resulting from the legal action have been fulfilled and, if so, that Buyer is satisfied with any such action. Buyer should seek legal advice regarding these matters. Brokers do not have expertise in this area.
5. MARKETING; INTERNET ADVERTISING; INTERNET BLOGS; SOCIAL MEDIA: Buyer and Seller are advised that Broker may employ a "staging" company to assist in the presentation of the Property. The furnishings and decorations in the staging are generally not included in the sale unless specifically noted in the Agreement. Statements and inclusion in the MLS entry, flyers, and other marketing materials are NOT part of the Agreement. In addition, Broker may employ a service to provide a "virtual tour" or "virtual staging" or Internet marketing of the Property, permitting potential buyers to view the Property over the Internet. While they are supposed to be an accurate representation of the property, the photos may be enhanced and not fully representative of the actual condition of the property.
Further, neither the service provider nor Br:oker have total control over who will obtain access to materials placed on the internet or what action such persons might take. Additionally, some Internet sites and other social media provide formats for comments or opinions of value of properties that are for sale. Information on the Property, or its owner, neighborhood, or any homeowner association having governance over the Property may be found on the internet on individual or commercial web sites, biogs, Facebook pages, or other social media. Any such information may be accurate, speculative, truthful or lies, and it may or may not reflect the opinions or representations by the Broker.
Broker will not investigate any such sites, biogs, social media or other internet sites or the representations contained therein. Buyer is advised to make an independent search of electronic media and online sources prior to removing any investigation contingency. Buyer and Seller are advised that Broker has no control over how long the information or photos concerning the Property will be available on the Internet or through social media, and Broker will not be responsible for removing any such content from the internet or MLS. Brokers do not have expertise in this area.
6. PACE LOANS AND LIENS: The acronym PACE stands for Property Assessed Clean Energy. PACE programs allow property owners to finance energy and water conservation improvements and pay for them through an assessment on the owner's property. PACE programs are available in most areas for both residential one to four unit properties and commercial properties. PACE programs may be referred to by different names such as HERO or SCEIP, among others. If a PACE project is approved, an assessment lien is placed on a property for the amount owed plus interest.
A property owner repays the entity for the improvements as a special tax assessment on the property tax bill over a period of years. A PACE lien is similar to a property tax lien in that it has "super priority." Sellers are obligated to disclose, pursuant to the CAR. Residential Purchase Agreement (CAR. Form RPA), whether any improvement is subject to a lien such as a PACE lien. Properties that are subject to PACE liens made on or after July 6, 2010 may not be eligible for financing. For more information, Buyer may request from Broker the CAR. Legal Q&A titled: "PACE Programs and Solar Leases". Brokers do not have expertise in this area.
7. RE-KEYING: All locks should be re-keyed immediately upon close of escrow so as to ensure the Buyer's safety and security of their persons as well as their personal belongings. Alarms, if any, should be serviced by professionals and codes should be changed. Garage door openers and remotes should be re-coded. In the event of a lease back to Seller after the close of escrow, Seller is advised that the Buyer is entitled to the keys as the OWner of the Property even though the Seller stays in possession of the Property as provided in the RPA. Brokers do not have expertise in this area.
8. SOLAR PANELS AND NET ENERGY METERING: Solar panel or power systems may be owned or leased. Although leased systems are probably personal property, they are included in the sale by the C.A.R. purchase agreement which also obligates the Seller to make a disclosure to the Buyer and provide the Buyer with documentation concerning the lease and system. Leasing companies generally secure payments by filing a UCC-1 (a Uniform Commercial Code form giving notice of a creditor's security interest) against the property. Sellers are required to provide material information about solar panels (CAR. form SOLAR may be used). Buyers are given a contingency right to investigate the solar related system and documentation and assume any lease. Assumption of the lease may require Buyer to provide financial information to the leasing company who may require a credit report be obtained on the Buyer. Should a solar panel or power system be on the Property, Buyers should determine if the system is leased or owned. Buyer's willingness to assume any such lease is a contingency in favor of Seller. For more information, Buyer may request from Broker the CAR. Legal Q&A titled: "PACE Programs and Solar Leasesn. Solar panel systems may have net energy metering. Payback rates from utilities to property owners with their own source of energy (such as rooftop solar panels) who contribute electricity back to the grid may change from those currently in place and may differ upon change of ownership in the property, Fees for new solar installation may be added or changed.
Buyers should discuss with the applicable utility if applicable to the property. Brokers do not have expertise in this area.
9. RECORDING DEVICES: Audio or video recording devices or both may be present on the Property, whether or not notice of any such devices has been posted. Seller may or may not even be aware of the capabiliity of such devices.
Brokers do not have expertise in this area.
10. WOOD BALCONIES, STAIRS AND OTHER STRUCTURES: Prior to January 1, 2025, and periodically thereafter, buildings with three units or more, may be required to obtain an inspection of exterior balconies, stairways, walkways, or decks that are supported
SBSA REVISED 6/24 (PAGE 14 OF 15)
STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 14 OF 15) Produced with Lone WoW T1W1aecti00s (aipFOITTl Edition) 717 N HIIIWOOd Sl Suite 2200, Osias, TX 75201 www !wolf oom 2011 New @
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ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8O4O-836O-03EB4ABE20F8 in whole or in substantial part by a wood or wood-based materials. For condos, the HOA will be responsible for the inspections per its governing documents. For other buildings, it is the owner's responsibility. An inspection report must be incorporated into a condo HOA's study of reserve account requirements. This could in turn affect lender certification requirements as well as future dues and assessments. A balcony report that identifies an immediate threat to the safety of the occupants will require the condo HOA or owner to prevent access to the balcony further impacting a property's marketability.
G. Local Disclosures and Advisories
LOCAL ADVISORIES OR DISCLOSURES (lF CHECKED):
The following disclosures or advisories are attached:
A. □--------------------------------
8. ------------------------
c. --------------------------------
0. □--------------------------------
Buyer and Seirer are encouraged to read all 15 pages of this Advisory carefully. By signing below, Buyer and Seller acknowledge that each has received a copy of all 15 pages of this Statewide Buyer and Seller Advisory, and e~ttas;rea4:and understands its terms.
BUYE~-v7~ Branislav Vaidlc Date 05/26/2026
BUYER 0100031621AE401... Date -------
SELLER
SELLER
Town of Los Gatos Date ______ _
Date ______ _
© 2024, Caliromi a Association oT REAL TORS®, Inc. United States cop11fight law (Title 17 U.S. Code) rorbids the unauthorized d,stributjon, display and reproduction of this form. or any portlon thereof. by photocopy machine or any other means, lnc:ludlng facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REAL TORS®. 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 APPROPRiA TE PROFESSIONAL. This form ls made avaffable to real estate professionals ihrough an agreemenl with or purchase, from ihe California Association of REALTORS®.
Published and OjstribUled by: REAL ESTATE BUSINESS SERVICES, LLC. II subsidiary of the Cs/ifomia Assoc/al/Cn of REALTORS® SBSA REVISED 6/24 (PAGE 15 OF 15)
STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 15 OF 15)
ITEM NO. 24.
.Docusign Envelope. ID: 6A3B36A9-5BF3-8D4D-836D-03EB4ABE20FI! ... , C lllfORN!.I LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS A ,\SS(.)r1.n1ri~ DISCLOSURE, ACKNOWLEDGMENT AND ADDENDUM For ·~ OF RP. Al.TORS ...,..~ Pre-1978 Housing Sales, Leases, or Rentals ... ·(C.A.R. Form LPD, Ravla6d 12/24) The following terms and conditions are hereby incorporated in and made a part of the Purchase Agreement, OR LJ Residential Lease or Month-to-Month Rental Agreement, D Other: _________________ , dated 05/19/2026 , on property known as: 4 Tait Avenue, Los Gatos , CA 95030 {"Property") in which Branlslav Va}dlc is referred to as Buyer or Tenant and Town of Los Gatos is referred to as Seller or Housing Provider.
Buyer/Tenant and Seller/Housing Provider are referred to as the "Parties." LEAD WARNING STATEMENT (SALE OR PURCHASE): Every purchaser of any ,interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including teaming disabilities, reduced intelligent quotient, behavioraJ problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards.
A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
LEAD WARNING STATEMENT (LEASE OR RENTAL): Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pte-1978 housing, lessors must disclose the presence of known lead• based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive federally approved pamphlet on lead poisoning prevention.
EPA'S LEAD-BASED PAJNT RENOVATION, REPAIR AND PAIN"TING RULE: The new rule requires that contr~ctors and maintenance professionals working in pre-1978 housing, child care facilities, and schools with lead-based paint be certified; that their employees be trained; and that they follow protective work practice standards. The rule applies to renovation, repair, or painting activmes affecting more than six square feet of lead-based paint in a room or more than 20 square feet of lead-based paint on the exterior. Enforcement of the rule begins October 1, 2010. See the EPA website at www.epa.gov/lead for more information.
1. SELLER'S OR HOUSlNGPROVIDER'S DISCLOSURE:
A. I (we) have no knowledg.e of lead-based paint and/or lead-based paint hazards in the housing other than the following: ------------ --- ---- -----------------
B. I (we) have no records or reports pertaining to lead-based paint and/or lead based paint hazards in the housing other than the following, which, previously or as an attachment to this addendum, have been provided to Buyer or Tenant:
C. I (we), previously or as an attachment to this addendum, have provided Buyer or Tenant with the pamphlet "Protect Your Family From Lead In Your Home" or an equivalent pamphlet approved for use In the State such as "The Homeowners Guide to Environmental Hazards and Earthquake Safety.ff For Sales Transactions Only: Buyer has 10 days unless otherwise agreed in the real estate contract, to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.
I {we) ha\fe reviewed the infonnation above and certify, to the best of my (our) knowledge, that the information provided is true and correct.
Seller or Housing Provider Town of Los Gatos Date
Seller or Housing Provider Date
Cl 20.24, CALIFORNIA ASSOCIATION OF REAL TORS®, INC. ~
LPD REVISED 12/24 (PAGE 1 OF 2) Buyer's/Tenant's Initials --~' ___ 1.:.1 ~.,Ai,ttir,tbM;
LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS DISCLOSURE LPD PAGE 1 OF 2 ..,...,, ... , •• ·Phone: ('89)Ul-67•t Fa><:
Proclu~ wi1h I.Qne W>lfTrans:u:liom (zii,?Form Egition) 717 N H~ s~ ~ ,2200, o.._, TX 76201 www lwoU mm 2UJI t'lllll'
ITEM NO. 24.
Oocusign Envelope ID: 6A3B36A9-5BF3-8D4D.S36D-03EB4ABE20FB Property Address: 4 Tait Avenue, Los Gatos , CA 95030
2. L.ISTING AGENT'S ACKNOWLfDGMENT:
Date ________ _
Seller or Housing Provider's Agent has informed Seller or Housing Provider of Seller's or Housing Provider's obligations under§ 42 U.S.C. 4852d and is aware of Agent's responsibility to ensure compliance.
I have reviewed the Information ,above and certify, to the best of my knowledge, that the information provided is true.and correct.
_K_os_ m_o_n_t_R_e_a_l_E_st_at_e_S_e_~_ ic_es_ d_b_a_K_o_s_m_o_n_t_R_ea_ l_ty ___ By ___________________ _ Agent (Broker representing Seller or Housing Provider) Associate-Licensee or Broker Signature (Please print) Larry J, Kosmont
Date
3. BUYER'S OR TENANrs ACKNOWLEDGMENT:
A. (1) I (we) have received copies of all records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing listed, if any, in paragraph 1 above (2) (ifinitia1ed) / ____ I have not received any records and reports regarding· lead-based paint and/ or lead-based paint hazards in the housing.
B. I have received the pamphlet "Protect Your Family From Lead In Your Home'' or an equivalent pamphlet approved for use in the State such as "The Homeowners Guide to Environmental Hazards and Earthquake Safety.'' C. If delivery of any of the disclosures or pamphlet referenced in paragraph 1 above occurs after Acceptance of an offer to purchase, Buyer has a right to cancel pursuant to the purchase contract. If you wish to cancel, you must act with'in the prescribed period.
D. For Sales Transactions Only: Buyer acknowled,ges the right for 10 days, unless otherwise agreed in the real estate purchase contract, to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead based paint hazards; OR, (if checked) 0 Buyer waives the right to conduct a risk assessment or inspection for the presence of lead-based paint and/or 'lead-based paint hazards.
I (we) have reviewed the information above and oertify, to the best of my (our) knowledge, that the information provided is true and correct.
OocuSigned by:
f3-,,-_ t/7.;,t.__ 05/26/2026
Yli!fltMAlieo ant Date Buyer or Tenant Date
Branislav Vajdic
4, BUYER OR TENANT AGENr s ACKNOWLEDGMENT:
Buyer or Tenant's Agent has informed Seller or Housing Provider, through the Listing Ag.ent if the property is listed, of Seller's ,or Housing Provider's obligations under§ 42 U.S.C. 4852d and is aware of Agent\s responsibility to ensure compliance.
I have reviewed the information above and certify, to the best of my knowledge, that the Information provided is true and correct. Ooc1.1Slgned by:
~"'~a~n~ta-'-lv~o_R_ea~ lt._,.Y--,-,----,------,,.,...--,---- - ---- 8 U..)!tOA-kr Lw0LA.,W~(, Agent (Broker obtaining the Offer) ~~_nsee or Broker Signature 05/26/2026
Date
(Please print) Alex D. Lunginovi~
© 2024, C-alifomia Association of REALTO~S®, Inc. Untted States copyright law (Trtle _ 17 U.S. Code) forbids the unauthorized distribution, display and reproduction .of this form, or any portion thereof, by photocopy machtne or any other means, Including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPR66ENTATIOl'J 16 MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADViS'E ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE.LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This 101')11 is mil.dee available to re.-il es!ate professiorwls throug~ an agreement w11l1 or purcha,se from the California Association or REAL TORS®.
Published and Dlsl/1buled by. REAL ESTATE BUSINESS SERVICES, l l.C, 8 subsidl!!,Y of Ille Ca/ifomia Assac/alloo of REALTORS®' LPD REVISED 12/24 (PAGE 2 OF 2)
LEAD-8ASED PAINT AND LEAD-BASED PAINT HAZARDS DISCLOSURE (LPD PAGE 2 OF 2) Produced w1lh L011e Wolf T1ansacii011s (zlpFom, Edition) 7i 7 N Harwood Sl SuKe 22001 Dalla,. TX 75201 !/OlOI!~ ;021 N...- ~ ....... ..,_,
- Page 1018
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836O-03EB4ABE20F8 ,~ ULJFORN I A ADDITIONAL AGENT ACKNOWLEDGEMENT ~ ASSOCL-\ TIO~ (C.A.R. Fonn AAA, Revised 12/25) •• ~.., OP REAY.TORS
~ This is an addendum to the Purchase Agreemen~ OR D Residential Listing Agreement, D Buyer Representation Agreement, 0 Other ____________________________ ("Agreement''), dated 05/16/2026 . on property known as 4 Tait Avenue, Los Gatos, CA 95030 between Branislav Vaidic ("Buyer/Tenant/Broker")
and Los Gatos ("Seller/Housing Provider/Broker'').
The term Housing Provider also includes Landlord or: Rental Property Owner.
1. Check ONE box ONLY. If' both 1A and 1 B apply, use separate AAA forms for each.
A. 00 Mult!ple Assoc!ate-L!censees work!ng w!th Seller/Housing Provider; OR B. D Multiple Assoc1ate-L1censees working with Buyer/Tenant;
2. A. The real estate licensees named below are all conducting real estate licensed activity under the same Broker:
Real Estate Broker name: Kosmont Real Estate Services dba Kosmont Realty If applicable, Team Name: _____________________________ _ B. The licensees below, and any licensee(s) listed in the Agreement (if not listed below), have entered into a separate written agreement to share responsibility and compensation for certain real estate licensed activity. The licensees have also informed Broker of, or have given Broker a copy of, that separate written agreement..
C. List ALL agents (list may Include, but is not required to include, licensees named in the Agreement):
Agent Julio Fuentes DRE Lic# ..... 02 .... 0...,5 ..... 8 __ 6___ 13 _________ _ Agent Stephanie Ontiveros DRE Lie# ~02~2_1~33~3_1 ______ _ Agent ____ ______ ___________ DRE Lie# _________ _
Agent DRE Lie# _________ _
Agent ______________________ DRE Lie# __________ _
Addit onal Licensees:---------- ---- ---------------- --
3. All parties understand, acknowledge and agree that, wherever the name of any !licensee above is indicated, in the Agreement or a related document, as a representatlve for the Buyer/Tenant or Seller/Housing Provider specified above, the other licensees shall also be deemed to be named.
Note: If this form is only being used to modify a Buyer Representation Agreement, neither the Seller nor the Seller's Broker need to sign below. If this form is only being used to modify a Listing Agreement, neither the Buyer nor the Buyer's Broker need to sign below.
By signing below, all parties acknowledge that each has received a copy of this Additional Agent Acknowledgement, and each haG"91~tands, and agrees to its terms.
fl; , v.: _;.{._._ Buyer/Tenan ..,_ 7 Branislav Vajdic Date 05/26/2026 D7BDD31621AE407 , Buyer/Tenant _____________________________ Date ______ _ Seller/Housing Provider Town of Los Gatos Date -------
Seller/Housing Provider __________________________ Date ______ _ r:~i!l,ll!ira9e Fillll Montalvo ----~------------------- Realty DRE Lie. #01918597 f-._U.:'(,.DJA.,J.,tx t.W:'.':1lAMl Alex D. Lunginovic DRE Lie. # 01136628 Date 05/26/2026 e'r"s3!f81k~fflge Firm Kosmont Real Estate Services dba Kosmont Realty By Larry J. Kosmont DRE Lie. # 01182660
DRE Lie. #02058445
Date ------ -
@ 2025, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. COde) forblds the unauthorized distribution, dfsplay and reproducfion 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 CA.l-lFORN!A ASSOCIATION OF REAL. TORS®. NO REPRl;Si;;:NTAT!ON IS MA.PE AS TO Tl-ff; lE;GA.l YA.t..fD!'JY OR ACCURACY OF AJJY PRQVISJON IN ANY SPE.C!FIC 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 avaHable to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®.
Published and Olstrlbuled1 by: REAL ESTATE BUSINESS SERVICES, LLC. a subsidiary ofthe Ca/ifomla Assoolat/on of REALTORSl!ll AAA REVISED 12/25 (PAGE 1 OF 1)
ADDITIONAL AGENT ACKNOWLEDGEMENT . AAA PAGE. 1 OF 1
Ju.Ho Ruentu
Phooo'. (5Hl9)UJ-676J Fux.
Produced with t one Wo" Trensacj)ons (zlpFcrm Edition) 717 N Harwood St, Su'ite 2200, DaKas. TX 75201 www twott com
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836D-03EB4ABE20F8
ADDENDUM TO CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND
JOINT ESCROW INSTRUCTIONS
THIS ADDENDUM TO CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS dated as of the date Seller signs the Form Agreement and Addendum (this "Addendum"), hereby supplements and amends that certain CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (the "Fonn Agreement") between the Town of Los Gatos, a municipal corporation ("Seller"), and Branislav Vadik ("Buyer"), covering that certain property located at 4 Tait A venue, Los Gatos, California 95030 (the Form Agreement, as supplemented and amended by this Addendum, is referred to herein and in the Form Agreement as the "Agreement"). To the extent there is any inconsistency between the terms of this Addendum and the terms of the Form Agreement, the terms of this Addendum shall supersede and control in all respects.
1. Any reference to "Town of Los Gatos" on the Form Agreement is replaced with "Town of Los Gatos, a California municipal corporation."
2. "Chicago Title" in the Form Agreement means "Title Company."
3. Paragraph 3 is revised as follows:
3.1 In row (B) of the table in Paragraph 3 (Paragraph 3(B)), the text in the "Terms and Conditions" column is deleted and replaced with "21 Days after the removal of the contingencies in 3(L)(3), 3(L)(4), 3(L)(5), 3(L)(6) and 3(L)(8)."
3.2 In row (L)(l) of the table in Paragraph 3 (Paragraph 3(L)(l))the text in the column entitled "TIME TO REMOVE CONTINGENCIES," is deleted and replaced with "not applicable."
3.3 In row (L)(2) of the table in Paragraph 3 (Paragraph 3(L)(2)), the text in the "CONTINGENCIES" column is deleted and replaced with "Appraisal." Additionally, the text in the column entitled "TIME TO REMOVE CONTINGENCIES," is deleted and replaced with "not applicable."
3.4 In row (L)(7) of the table in Paragraph 3 (Paragraph 3(L)(7)), the text in the column entitled "TIME TO REMOVE CONTINGENCIES," is deleted and replaced with "not applicable" and the text in the column entitled "Contingency Removed" is deleted and replaced with "Removed."
3.5 In row (L)(8) of the table in Paragraph 3 (Paragraph 3(L)(8)), the text in the column entitled "TIME TO REMOVE CONTINGENCIES," that reads", or 5 Days after Delivery" is deleted.
3.6 In row M(2) of the table in Paragraph 3 (Paragraph 3(M)(2)), the text in the column entitled "Time For Performance" is deleted and the text in the column entitled "Additional Terms" is deleted. Each is replaced with "not applicable- Seller will not remain in possession after Close of Escrow."
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1 Page 1020
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836D-03EB4ABE20F8
3.7 In row M(3) of the table in Paragraph 3 (Paragraph 3(M)(3)), the text in the column entitled "Time For Performance" is deleted and the text in the column entitled "Additional Terms" is deleted. Each is replaced with "not applicable- the Property is not occupied by any tenants or any person other than Seller."
3.8 In row (N)(3) of the table in Paragraph 3 (Paragraph 3(N)(3)), the text in the "Time for Performance" column is deleted and replaced with "not applicable- the Property is not subject to any HOA."
3.9 In Paragraph 3(N)( 4), in the "Documents/Fees/Compliance" column, the words "CO detector(s)" are deleted. In the "Time for Performance" column, the words "7 (or lQ) Days after Acceptance" are deleted and replaced with "Prior to Close of Escrow."
3.10 A new row Q(19) (Paragraph 3(Q)(19)) is added as follows: "Recording Fees. Seller is informed and believes that Seller is not subject to recording fees for documents it requests the Office of the Santa Clara County Recorder to record. If any such fees are charged, however, Seller will pay such fees."
4. Paragraph 5 is revised as follows:
The following sentence is added at the end of subparagraph (A), clause (1):
"Paragraph 29 also specifies a remedy for Seller's default." Subparagraph C, including clauses ( 1) through (3) thereunder, is deleted and replaced with "C. Intentionally deleted."
Subparagraph E is deleted and replaced with "E. Intentionally deleted. "
5. Paragraph 6 is revised as follows:
Subparagraph A is deleted and replaced with "A. Intentionally deleted." Subparagraph B is deleted and replaced with "B. Intentionally deleted."
6. The following text is added at the end of Paragraph 7, subparagraph A:
"Nothing in this paragraph 7(A) limits the provisions of paragraph 7(C) or paragraph 34."
7. The following text is added at the end of Paragraph 7, subparagraph (B): "and Seller shall not be obligated to make any repairs, replacements or modifications to the Property or improvements on the Property."
8. Paragraph 7(D) is deleted and replaced with "Intentionally deleted."
9. Paragraph 8 is revised as follows:
9.1 In Paragraph 8, Subparagraph (A), the text in each of clause numbers (1 ), (2), (3), and (4) is deleted and replaced with " Intentionally deleted." 4914-9946-3070 v12
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ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836D-03EB4ABE20F8
9.2 In Paragraph 8, Subparagraph (A)(5), the text is revised as follows, with deletions shown in strikethrough and insertions shown in double underline: "If 'No Loan Contingency' is checked in paragraph 3(L)(l),. Accordingly. obtaining -any~ loan specified is NOT a contingency of this Agreement. If Buyer does not obtain~ the- loan si;ieoified, and as a result is unable to purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies."
9.3 In Paragraph 8, Subparagraph (B), the text in each of clause numbers (1) and (3) is deleted and replaced with "Intentionally deleted."
9.4 In Paragraph 8, Subparagraph (B), clause (2), the text is revised as follows, with deletions shown in strikethrough and insertions shown in double underline: "If 'No Appraisal Contingency' is checked in paragraph 3(L)(2),th@ft. Accordingly. Buyer may not cancel this Agreement if any appraisal obtained by Buyer or Buyer's lender values the property at an amount less than the Purchase Price. Buyer may not use the loan eontingeney si;ieeified in i;iaragri¼f)e 3(L)(l) to ea0eel teis J\,greement if tee sole reason ror not oetaining tee loan is teat tee i¼flrraisal relied ui;ion a,, Bu,,er's lender values tee i;iroi;ierty at an amount not less tean teat si;ieeified in i;iaragri¼f)h 3(L)(2). If Buyer is unable to obtain g the- loan si;ieeified solely for this reason, Seller may be entitled to Buyer's deposit or other legal remedies."
9.5 In Paragraph 8, Subparagraph (H), in the first sentence, the words "Buyer's review of' are deleted and replaced with "Buyer's due diligence regarding" and the words "disclosed pursuant to paragraph 9(8)(6)" are deleted. In the last sentence, the words "after first Delivering a Notice to Buyer to Perform" are deleted.
9.6 In Paragraph 8, Subparagraph (J), clause (1), the following is added as a second sentence: "Buyer shall remove a contingency by Delivering Notice to Seller, Seller's Agent, and Seller's Legal Counsel in writing in accordance with Addendum Paragraph 29."
9.7 In Paragraph 8, Subparagraph (J), clause (3), the words "after first giving Buyer a Notice to Perform (CAR. Form N.B.P.)" are deleted.
10. Paragraph 9 is revised as follows:
10.1 Paragraph 9(8), clause (6) is deleted and replaced with "LEASED OR LIENED ITEMS AND SYSTEMS: intentionally deleted."
10.2 Paragraph 9(8), clause (7), clause (i) is deleted and replaced with "intentionally deleted."
11. Paragraph 10 is revised as follows.
11.1 In the first sentence of Paragraph 10, subparagraph (B), clause ( 1 ), the words "or carbon monoxide device(s)" are deleted. All other sentences in Paragraph 10, subparagraph (B), clause (1) are deleted. Seller is not required to install carbon monoxide device(s) or to certify carbon monoxide device(s) have been installed under California Health & Safety Code Sections l 7926(a) and 13262(b).
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ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836D-03EB4ABE20F8 (B), clause (1 ):
11.2 The following sentence is added at the end of Paragraph 10, subparagraph "Prior to Close of Escrow, Seller will certify to Buyer in writing that (A) the water heater on the Property complies with California Health and Safety Code Section 1921 l(b), which governs water heater bracing and (B) smoke alarms in compliance with California Health and Safety Code Section 13113.7 and 13113.8 have been installed. Seller may provide such written certification in the form of a letter signed based upon Seller's actual knowledge (as defined in Paragraph 34) instead of the C.A.R. Water Heater and Smoke Alarm Statement of Compliance."
11.3 Paragraph 10, subparagraph (B), clause (2) is deleted and replaced with "Intentionally deleted."
11.4 Paragraph 10, subparagraph (B), clause (3) is deleted and replaced with "Intentionally deleted."
12. Paragraph 11 is revised as follows:
12.1 The words "(C.A.R. Form SPQ or ESD)" are deleted from Paragraph 11, subparagraph (A)(l).
12.2 Paragraph 11, subparagraph (A)(3) is deleted.
12.3 In Paragraph 11, subparagraph (A)( 4), "information or other representations" is deleted.
12.4 The following text is added to Paragraph 11, subparagraph (A) as a new clause (5): "Seller's disclosures in the forms used for Statutory Disclosures (C.A.R. Form TDS, C.A.R. Form ESD) are not a part of this Agreement and contain no representations or warranties, notwithstanding anything to the contrary in this Paragraph 11 or such forms. All disclosures are made based on Seller's actual knowledge (as defined in Paragraph 34). Buyer acknowledges and agrees that Seller is not obligated under California Civil Code Section 1102.2(j) to provide such forms, and Buyer is not relying on any such disclosures and will perform and rely solely upon Buyer Investigations (defined in Paragraph 12). "
12. 5 In subparagraph (H), clause (2), the text reading", after first Delivering a Notice to Buyer to Perform," is deleted.
12.6 Subparagraph (M) is deleted and replaced with the following: "(M) CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES: To Seller's actual knowledge, the Property is not a condominium and is not located in a planned development or other common interest development. "
12. 7 Subparagraph (N) is deleted and replaced with the following: "(N) SOLAR PANEL SYSTEMS: There are no solar panels on the Property and the Parties agree Seller is not obligated to deliver C.A.R. Form SOLAR."
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ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836D-03EB4ABE20F8
12.8 Subparagraph (0) is deleted and replaced with the following: "(O) BALCONIES, EXTERIOR STAIRWAYS AND OTHER ELEVATED ELEMENTS: The Property does not have three (3) or more dwelling units and the Parties agree Seller is not obligated to deliver C.A.R. Form WBSA."
13. The following new sentence is added after the last sentence of Paragraph 12, subparagraph (B), clause (2):
"Buyer acknowledges that this Agreement and Buyer's Investigations do not afford Buyer any right to submit applications for any subdivision of the Property or any other land use approval or building permit to allow development on the Property or alterations to the Property. Seller shall have no obligation to consent to submittal of any such applications or to extend the Close of Escrow to allow time for submittal, consideration, or approval of such applications to Seller or other relevant government authorities. Buyer may file such applications after the Close of Escrow and Seller reserves all discretion in connection with considering any such applications."
14. Paragraph 13, Subparagraph (B) is revised as follows:
14.1 The text in clause (ii) is deleted and replaced with "(ii) intentionally deleted."
14. 2 The following text is added as a new, second paragraph:
"Prior to Close of Escrow, Seller will provide Title Company the Town's resolution authorizing this Agreement, and a commercially reasonable Owner's Affidavit in a form acceptable to the Town Attorney to allow Title Company to issue a policy of title insurance without exception for 'rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records'."
14. 3 The following text is added as a new, third paragraph:
"Buyer acknowledges and agrees that recordation of the Covenant at Close of Escrow is a condition to the Close of Escrow, notwithstanding that the Covenant (defined in Paragraph 26 of the Addendum) will not be ofrecord as of the date of Acceptance and is not shown on the Preliminary Report prepared by Chicago Title Company as of February 6, 2026 with File Number FBSC2601327. Buyer acknowledges and agrees Seller would not agree to sell the Property without recordation of the Covenant at Close of Escrow and Seller will not waive this condition."
15. Paragraph 14 is revised as follows.
15.1 Subparagraph 14(A) is revised to add the following new sentences after the last sentence of such Subparagraph 14(A):
"Seller has Delivered Buyer a TDS; a Lead-Based Paint and Lead-Based Paint Hazards Disclosure, Acknowledgment, and Addendum; the pamphlet prescribed 4914-9946-3070 v12
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ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836D-03EB4ABE20F8 by the Administrator of the Environmental Protection Agency entitled "Protect Your Family From Lead in Your Home"; the Homeowner's Guide to Earthquake Safety (Homeowner's Guide); and the State Energy Commission's booklet entitled "What Is Your Home Energy Rating?" as of the Date of Acceptance.
Seller shall Deliver the following documents within the time specified in Paragraph 3(N)(l): 1) the NHD; 2) the FIRPTA; and 3) the Fire Hazard Disclosure Statement (if required based on the NHD). Buyer and Seller acknowledge and agree that Seller has no obligation to Deliver Buyer the following C.A.R. forms: SPQ, Square Footage and Lot Size Advisory and Disclosure, the Tenant Occupied Property Addendum, the Water-Conserving Plumbing Fixtures and Carbon Monoxide Detector Advisory (because the Property is exempt under California Civil Code Section 1101. 7 and California Health & Safety Code Sections 17926(a) and 13262(b )), Water Heater and Smoke Alarm Statement of Compliance, Wooden Balcony and Stairs Addendum and the Solar Advisory and Questionnaire.
15.2 Subparagraph (C) is revised as shown below, with deletions shown in strikethrough and insertions in double underline.
"(1) SELLER RIGHT TO CANCEL; BUYER CONTINGENCIES. If, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, then Seller;--aftef first Deli>.•eriag to BU)'@r a Notiee to BU)1er to PerfofR'I: (C.A.R. FofR'I: NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer."
"(2) SELLER RIGHT TO CANCEL; BUYER CONTRACT
OBLIGATIONS. Seller, after first Deli,,-,eriag to BU)'@r a Notiee to Bu)'@r to PerfofR'I:, may cancel this Agreement if, by the time specified in this Agreement, Buyer does not take the following action(s) ... "
15.3 Paragraph 14(C)(2) is further revised to delete the list items (ii), (iii), and (v) and replace such list items with "intentionally deleted." The last sentence of Paragraph 14(C)(2) is also deleted, and Paragraph 34 shall apply if Buyer does not take any of the actions described in (i), (iv) or (vi) through (xi).
15.4 In Paragraph 14, subparagraph (H), the first bolded sentence is revised as follows, with deletions shown in strikethrough and additions in double underline:
"A release of funds will require mutual Signed release instructions from the Parties, or a judicial decision, or ctfflitrttt:iea BWttrd."
16. Paragraph 17 is deleted and replaced with the following text:
4914-9946-3070 v12
"The Seller is a public entity that is exempt from property taxes and assessments.
Seller anticipates that no payment of taxes or assessments will be due at Close of Escrow and no proration of property taxes or assessments will be necessary.
Private parties such as Buyer ordinarily must pay property taxes and special 6 Page 1025
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836D-03EB4ABE20F8 assessments absent an exemption, and Seller makes no representation regarding whether Buyer is entitled to any such exemptions. Utility bills will be paid current and prorated as of Close of Escrow based on a 30-day month."
17. The text in Paragraph l 8(A)(2) is deleted and replaced with "(2) intentionally deleted."
18. Paragraph 19, subparagraph (D) is revised as follows:
18.1 The first sentence of paragraph 19, subparagraph (D), clause (1) is revised as follows, with deletions shown in skikeiliroHga and additions in double underline: "Agents are not a party to the escrow, except for Seller's Brokers for the sole purpose of compensation pursuant to paragraph 18A."
18.2 The third, fourth, and fifth sentences of paragraph 19, subparagraph (D), clause ( 1) are deleted.
19. All of Paragraph 23, except the first sentence and the last three sentences, is deleted. No later than ten (10) days before Close of Escrow, Buyer must provide Seller written notice of the name of the assignee and documentation supporting that Buyer's proposed assignment is to Buyer's wholly-owned entity or trust.
20. Paragraph 25 is revised as follows:
20.1 The following sentence is added at the end of Subparagraph (K):
"Any writing, document or notice Delivered on a Saturday, Sunday, Legal Holiday, or after the hours of 5 :00 p.m. Pacific Time shall be deemed received on the next day that is not a Saturday, Sunday, or Legal Holiday."
20.2 Subparagraph (N) is deleted and replaced with the following:
" 'Legal Action' means a lawsuit or legal proceeding in the Superior Court of the County of Santa Clara."
20.3 Anew subparagraph (S) is added as follows: "'Title Company' means Chicago Title Company, 3620 Happy Valley Road, Suite 100, Lafayette, CA 94549."
21. Paragraph 29 is revised as follows.
21.1 The title is revised to "LIQUIDATED DAMAGES AND DEFAULT REMEDIES."
21.2 The second to last sentence is revised as follows, with deletions shown in skikeiliroHga and additions in double underline: "Release of funds will require mutual, signed release instructions from both Buyer and Seller, or a judicial decision or a:rbitration awa:rd."
21.3 The following text is added after the first set of initials in Paragraph 29:
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ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836D-03EB4ABE20F8 "If Seller fails to complete the sale to Buyer because of Seller's default, then Buyer's remedies shall be limited to (a) specific performance of this Agreement or (b) the right to cancel the Agreement and recover the Deposit as liquidated damages. Buyer must elect only one of such remedies. s
Buyer's Initial[~ Seller's Initials "
22. Paragraph 30 is deleted and replaced with "30. Intentionally deleted."
23. Paragraph 31 is deleted and replaced with "31. Intentionally deleted."
24. The first sentence of Paragraph 33 is revised as follows, with deletions shown in strikethr0t1gh and additions shown in double underline:
"Seller warrants that Seller is the owner of the Property or the individual executing this Agreement on behalf of Seller has the authoritY. to execute this Agreement." •
25. A new paragraph 34 is added at the end of the Form Agreement as follows. To the extent of any conflict between any provision of the Form Agreement and this new paragraph 34, this new paragraph 34 shall control.
"(A) Seller Representations. In consideration of Buyer entering into this Agreement and as an inducemenl lo Buyer to buy the Property from Seller, Seller makes the following representations and warranties to Buyer, each of which is material and is being relied upon by Buyer, and the accuracy of which, in all material respects, as of the Close of Escrow, constitutes a condition precedent to Buyer's obligation to consummate the Close of Escrow:
(1) Lawsuits. To Seller's actual knowledge, there are no pending actions, suits or proceedings which would materially and adversely affect the Property. (2) No Eminent Domain Proceedings. To Seller's actual knowledge, there are no pending or threatened proceedings in eminent domain which would adversely affect the Property.
(3) No Agreements Affecting Possession. To Seller's actual knowledge, there are no agreements affecting the right to possession of the Property other than those instruments or documents shown on the Title Report.
( 4) No Agreements AffectinQ. the Property; No Liens or Leases Affecting Items or Systems in 9(B)(6). To Seller's actual knowledge, there are no maintenance, property management, service, or other agreements affecting or relating to the Property. To Seller's actual knowledge, the items or systems identified in Paragraph 3(P) or 9(B) are not subject to any lease or lien.
(5) No Bankruptcy. Neither Seller nor any entity or person that owns or controls Seller is bankrupt or insolvent under any applicable Federal or state standard, has 4914-9946-3070 v i 2
8 Page 1027
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836D-03EB4ABE20F8 filed for protection or relief under any applicable bankruptcy or creditor protection statute, or has been threatened by creditors with an involuntary application of any applicable bankruptcy or creditor protection statute. Seller is not entering into the transactions described in this Agreement intending to defraud any creditor or to prefer the rights of one creditor to any other.
(6) Not a Condominium; No HOA. The Property is not a condominium and is not located in a planned development or other common interest development with an HOA. (7) OFAC. Seller is not a "foreign person" within the meaning of26 U.S.C.A. §1445(f)(3) and Seller is not, nor is any person who owns a controlling interest in or otherwise controls Seller, (a) listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control ("OFAC"), Department of the Treasury, and/or on any other similar list maintained by the OFAC pursuant to any authorizing statute, Executive Order or regulation (collectively, "OFAC Laws and Regulations"); or (b) a person either (i) included within the term "designated national" as defined in the Cuban Assets Control Regulations, 31 C.F.R. Part 515, or (ii) designated under Sections l(a), l(b), l(c) or l(d) of Executive Order No. 13224, 66 Fed. Reg. 49079 (published September 25, 2001) or similarly designated under any related enabling legislation or any other similar Executive Orders ( collectively, the "Executive Orders").
Neither Seller nor any of its principals or affiliates is (x) a person or entity with which Buyer is prohibited from dealing or otherwise engaging in any transaction by any AntiTerrorism Law, or that commits, threatens or conspires to commit or supports "terrorism" as defined in the Executive Orders, or (y) is affiliated or associated with a person or entity listed in the preceding clause (x). To the actual knowledge of Seller, neither Seller nor any of its principals or affiliates, nor any brokers or other agents acting in any capacity in connection with the transactions contemplated herein (I) deals in, or otherwise engages in any transaction relating to, any property or interests in property blocked pursuant to the Executive Orders or (II) engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law. As used herein, "Anti-Terrorism Law" means the OF AC Laws and Regulations, the Executive Orders and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub. L. No. 107-56, 115 Stat. 272 (2001), as amended. (8) Hazardous Materials; Environmental Laws. Seller has not received any written notice that any Hazardous Material has been generated, discharged, released, manufactured, or disposed from, into, at, on, under, or about the Property in violation of Environmental Law during Seller's ownership of the Property. Notwithstanding the foregoing, due to the age of the improvements on the Property, the improvements on the Property may contain lead-based paint or asbestos.
The term "Hazardous Material" or "Hazardous Materials" as used herein shall mean any hazardous or toxic substances, materials, chemicals, or wastes in any form and in any concentration that is or becomes, prior to the close of escrow, regulated by the United States or any state or local government authority having jurisdiction over the Property (including any present order or agreement imposing liability or standards concerning any such substances, materials, chemicals, or wastes and any future such order or agreement that becomes effective prior to the close of escrow), and includes without limitation: any 4914-9946-3070 v12
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ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836D-03EB4ABE20F8 "hazardous substance," as that term is defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) ( 42 United States Code sections 9601-9675); any "hazardous waste," as that term is defined in the Resource Conservation and Recovery Act of 1976 (RCRA) ( 42 United States Code sections 6901- 6992k); petroleum products; volatile organic compounds; radioactive materials; asbestos and lead paint, in any form or condition; and substances or compounds containing PCBs.
The term "Environmental Law" as used herein shall mean any federal, state, or local Law relating to Hazardous Materials.
(9) Personal Property, Furniture, Fixtures, and Equipment. To Seller's actual knowledge, there are no leases, maintenance agreements, or other ongoing financial obligations, or any lien attached to any personal property or furniture, fixtures, or equipment on the Property.
(B) Actual Knowledge; Limitations Period. As used in this Agreement, Seller's "actual knowledge" shall encompass only the actual knowledge of Nicolle Burnham (Parks & Public Works Director) without such person having any duty of inquiry or investigation as to such matters, without any knowledge being imputed to such persons and without such person having any personal liability whatsoever under this Agreement. Anything to the contrary notwithstanding, the foregoing representations and warranties in Paragraphs ll(M), ll(N), 11(0), 24, and 33, and this Paragraph 34, are the only representations and/or warranties of any kind made under this Agreement or otherwise in connection with the sale of the Property and such representations and warranties shall be deemed to survive the Closing of Escrow and the delivery of the Grant Deed for a period not to exceed one (1) year after the Closing Date ("Limitation Period") and no action, proceeding, suit or claim of any kind may be commenced or asserted by virtue of any of the representations or warranties contained in this Paragraph 34 after the Limitation Period has expired. No lawsuit for breach of a representation or warranty by Seller may be commenced without providing at least ten (10) days' prior notice to Seller of the claim and the facts supporting the claim. No claim for breach of a representation or warranty by Seller shall be actionable or payable by Seller if the breach in question results from or is based on a condition, state of facts or other matter which was actually known to Buyer prior to the Close of Escrow. If Buyer has knowledge of the incorrectness of any representation or warranty by Seller and fails to so notify Seller prior to the Close of Escrow, then such representation or warranty shall be deemed to be stricken from this Agreement and shall be of no further force or effect.
(C) Buyer's Representations. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations and warranties to Seller, each of which is material and is being relied upon by Seller, and the accuracy of which, in all material respects, as of the Close of Escrow, constitutes a condition precedent to Seller's obligation to consummate the Close of Escrow:
( 1) Buyer has full right, power and authority to enter into and perform this Agreement in accordance with its terms, and the persons executing this Agreement on behalf of Buyer have been duly authorized to do so.
4914-9946-3070 v12
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836D-03EB4ABE20F8 (2) OF AC. Buyer is not a "foreign person" within the meaning of 26 U.S.C.A. §1445(f)(3) and Seller is not, nor is any person who owns a controlling interest in or otherwise controls Seller, (a) listed on the Specially Designated Nationals and Blocked Persons List maintained by OFAC, Department of the Treasury, and/or on any other similar list maintained by the OF AC pursuant to the OF AC Laws and Regulations; or (b) a person either (i) included within the term "designated national" as defined in the Cuban Assets Control Regulations, 31 C.F.R. Part 515, or (ii) designated under Sections l(a), l(b), l(c) or l(d) of Executive Order No. 13224, 66 Fed. Reg. 49079 (published September 25, 2001) or similarly designated under any related enabling legislation or any of the Executive Orders. Neither Buyer nor any of its principals or affiliates is (x) a person or entity with which Seller is prohibited from dealing or otherwise engaging in any transaction by any Anti-Terrorism Law, or that commits, threatens or conspires to commit or supports "terrorism" as defined in the Executive Orders, or (y) is affiliated or associated with a person or entity listed in the preceding clause (x). Neither Buyer nor any of its principals or affiliates, nor any brokers or other agents acting in any capacity in connection with the transactions contemplated herein (I) deals in, or otherwise engages in any transaction relating to, any property or interests in property blocked pursuant to the Executive Orders or (II) engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law.
(3) Bankruptcy. Buyer and any entity or person that owns or controls Buyer are not bankrupt or insolvent under any applicable federal or state standard, have not filed for protection or relief under any applicable bankruptcy or creditor protection statute and have not been threatened by creditors with an involuntary application of any applicable bankruptcy or creditor protection statute. Buyer is not entering into the transactions described in this Agreement intending to defraud any creditor or to prefer the rights of one creditor to any other. Buyer and Seller have negotiated this Agreement at arm's-length and the consideration paid represents fair value for the assets to be transferred. (D) Buyer's Due Diligence. Buyer acknowledges that Seller has disclosed that the detached accessory structure is nonconforming as to setback requirements set forth in the zoning regulations applicable to the Property. Buyer acknowledges and agrees that Seller makes no representations and warranties about the condition of the Property or the improvements on the Property. Buyer has or will inspect, review and become familiar with all matters that it believes pertinent to its ownership, operation and maintenance of the Property. Buyer has or will consult legal counsel, make such independent investigations, inspections, analyses and research as Buyer has deemed necessary or appropriate ( or, in the alternative, Buyer has elected at its risk not to consult legal counsel or make such investigations, inspections, analyses and research), concerning the condition, ownership, use and operation of the Property, including, but not limited to, investigations, inspections, analyses and research of: (A) present and future Laws, including, without limitation, zoning, subdivision, environmental and other such Laws; (B) the obligations of the owner of the Property under all documents disclosed in the Title Report; (C) the necessity and availability of any entitlements or development approvals and permits; (D) the economic value of the Property; (E) the seismic and structural integrity of the improvements constructed or installed on the Property; (F) the feasibility of Buyer's development plans in light of the restrictions in the Covenant ( defined below); (G) the size, dimensions, 4914-9946-3070 v12
11 Page 1030
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836D-03EB4ABE20F8 location and topography of the Property; (H) any surface, soil, subsoil, geologic or ground water conditions or other physical conditions of or affecting the Property, such as aircraft overflight, traffic, climate, drainage and air; (I) the extent or condition of title to the Property and the extent of existing liens and encumbrances against the Property; (J) the possibility of future fees and assessments or increases in existing fees and assessments by one or more governmental authorities; or (K) the presence, use, transportation or storage of Hazardous Material on, over, under or nearby the Property. (E) Buyer's Waiver. Except for the representations and warranties of Seller expressly set forth in Paragraphs ll(M), ll(N), 11(0), 24, and 33, and this Paragraph 34 of this Agreement and the covenants and agreements of Seller expressly set forth in this Agreement: (a) Buyer accepts the Property "AS-IS, WHERE-IS, WITH ALL FAULTS" in its existing state and condition at the Closing; (b) Buyer accepts the Property subject to any and all Laws which are now or may here-after be imposed on or against the Property by any governmental authority;( c) Seller is not obligated to do any processing, grading, restoration, repairs or other work of any kind or nature whatsoever on or with respect to the Property and, without limiting the generality of the foregoing, Seller is not responsible for any work on or improvement of the Property necessary to cause the Property to meet any applicable Laws, to be suitable for any particular use, or to repair, retro-fit or support any portion of the improvements constructed on the Property due to the seismic or structural integrity ( or any deficiencies therein) of such improvements; ( d) Buyer accepts the Property in the condition, and state of repair or lack of repair of the improvements or any other portion of the Property; ( e) Buyer accepts the Covenant and all of restrictions, obligations, rights of way or conditions affecting the ownership, use, operation, development or operation of the Property; (f) Buyer accepts the Property in its existing condition with respect to (i) the existence of Hazardous Material from, to or on the Property, whether or not the existence of such matters is disclosed in Buyer's inspections, research, investigations and analyses, if any, and (ii) the compliance of the Property with all Laws; (g) Buyer acknowledges that Seller has not warranted and does not hereby warrant that the improvements will meet or comply with the requirements of any health, fire, building, zoning, or safety Law of the state of California, or County of Santa Clara, or any other authority or jurisdiction and that Seller has not warranted and does not hereby warrant that the Property will meet or satisfy any particular use, purpose, development or operation; and (h) no patent or latent condition affecting the Property in any way, whether or not known or discoverable or hereafter discovered, shall affect Buyer's obligation to purchase the Property or to perform any other act otherwise to be performed by Buyer under this Agreement, nor shall any such condition give rise to any action, proceeding, right of damage or rescission or other claim against Seller.
Further, and without limiting any of the foregoing, Buyer hereby releases Seller from all risks and liability ( and agrees that Seller shall not be liable for any special, direct, indirect, consequential, or other damages) resulting or arising from or relating to the ownership, use, condition, location, maintenance, repair or operation of the Property except with respect to the representations and warranties expressly set forth in Paragraph l l(M), l l(N), 11(0), 24, and 33, and this Paragraph 34 of this Agreement, subject to the Limitation Period, provided, however, that Seller shall under no circumstances be liable for any special, indirect or consequential damages in the event of any breach by Seller of any of the 4914-9946-3070 v12
12 Page 1031
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836D-03EB4ABE20F8 representations or warranties set forth in Paragraphs 1 l (M), 1 l(N), 11(0), 24, and 33, and in this Paragraph 34.
BUYER ACKNOWLEDGES THAT IT HAS BEEN ADVISED BY ITS LEGAL COUNSEL AND [S FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, AND IN CONNECTION WITH THE FOREGOING WAIVER AND RELEASE, BUYER EXPRESSLY WAIVES THE BENEFITS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WI IICI I Tl IE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND
THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED f!!s~R HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." ~ Initials of Buyer
26. A new paragraph 35 is added at the end of the Form Agreement as follows:
"35. Closing Deliverables; Closing Conditions; Recording Order. (A) Seller Deliveries. Prior to Close of Escrow, as a Buyer contingency, Seller shall deliver to Escrow Holder:
(1) Seller's signed, acknowledged Grant Deed in a form approved by the Town Attorney;
(2) Seller's signed, acknowledged Declaration of Covenants and Restrictions in the form attached to this Agreement as Exhibit A ('Covenant'); (3) Seller's signed Certificate of Acceptance of the Covenant; (4) Seller's completed, signed Owner's Affidavit in a form that is commercially reasonable and acceptable to the Title Company; and (5) Any other documents Title Company or Escrow Holder reasonably require to consummate the Close of Escrow."
(B) Buyer Deliveries. Prior to Close of Escrow, as a Seller contingency, Buyer shall deliver to Escrow Holder:
4914-9946-3070 v i 2
(1) Buyer's signed, acknowledged Covenant;
(2) Buyer's completed, signed Preliminary Change of Ownership Report and any other change of ownership forms Santa Clara County Assessor requires;
(3) Any other documents Title Company or Escrow Holder reasonably require to consummate the Close of Escrow.
13 Page 1032
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836D-03EB4ABE20F8 (C) Conditions to Close of Escrow. In addition to the contingencies noted above and in 3(L), the following are conditions to Close of Escrow:
( 1) Buyer's performance of each and every covenant of Buyer in the Agreement (including performance of the obligations in Paragraph 3(D) and 3(1) within the times stated therein) is a Seller contingency; (2) Seller's performance of each and every covenant of Seller in the Agreement is a Buyer contingency;
(3) The continued accuracy of Buyer's representations as of the Close of Escrow is a Seller contingency; and
( 4) The continued accuracy of Seller's representations as of the Close of Escrow is a Buyer contingency.
(D) Recording Order. At Close of Escrow, Escrow Holder shall record the documents in the following order:
(1) The executed, acknowledged Grant Deed; and
(2) The Covenant, immediately following the Grant Deed.
In no event shall any document record after the Grant Deed and prior to the Covenant."
27. Brokers. A new Paragraph 36 is added as follows:
"Seller is informed that Buyer's Brokerage Firm has waived payment of any commission. Buyer hereby agrees to indemnify, save harmless, protect and defend Seller from and against any claims for brokers' or finders' fees for the consummation of this Agreement by Buyer's Brokerage Firm or any other broker if such claims shall be based upon any statement or representation or agreement by Buyer."
28. Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to its choice of laws rules, and venue shall be in Santa Clara County.
29. Notices. Buyer shall provide a copy of all notices, writings, or documents to be Delivered to Seller under this Agreement to Seller's legal counsel and Seller's Agent, as set forth below.
Town of Los Gatos
Attention: Town Attorney
110 E. Main Street
Los Gatos, CA 95030
Email: [email protected]
And
4914-9946-3070 v12
14 Page 1033
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836D-03EB4ABE20F8 Burke, Williams & Sorensen
Attention: Gerald J. Ramiza and Meghan Nihan
1999 Harrison Street
Suite 1650
Oakland, CA 94612-3520
Email: [email protected] and [email protected]
And
Kosmont Real Estate Services dba Kosmont Realty
Attn: Larry J. Kosmont, Julio Fuentes, and Stephanie Ontiveros 1601 N. Sepulveda Blvd., #382
Manhattan Beach, CA 90266
Emails: [email protected]; [email protected]; [email protected]
Notices to Buyer shall be Delivered to Buyer at the following address:
I I ( ••
Any notice or writing Delivered by email must also be sent by nationally recognized overnight courier on the same day the email is sent for Delivery the next business day.
30. Exhibits. Exhibit A to this Addendum shall be deemed Exhibit A to the Agreement. Exhibits attached to the Agreement are incorporated into the Agreement by reference.
31. Interpretation. This Agreement shall be deemed to be jointly prepared by both parties, and any ambiguities or uncertainties herein shall not be construed for or against either of the parties. The words "including," "included," "include" and words of similar import shall be interpreted as though followed by the words "but not limited to" or "without limitation." The word "or" is not exclusive. Any captions to, or headings of, the sections, subsections, paragraphs or subparagraphs of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or detennination of the validity of this Agreement or any provision hereof.
32. Severability. If any of the provisions of this Agreement prove to be invalid, void, and illegal shall in no way affect, impair, or invalidate any other provision hereof, and such other provisions shall remain in full force and effect.
[Remainder of Page futentionallv Left Blank; Signature Page Follows] 4914-9'J46-3070 vl2
15 Page 1034
ITEM NO. 24.
Docusign Envelope ID: 6A3B36A9-58F3-8D4D-836D-03EB4ABE20F8 IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date first-above written.
SELLER:
TOWN OF LOS GATOS:
Chris Constantin, Town Manager
Attest:
Wendy Wood, Town Clerk
Approved as to Form:
Gabrielle Whelan, Town Attorney
BUYER:
DocuSigned by:
/Jv;,_ t/7./4.._
~NSfL~V VAJDIC
4914-9946-3070 v i 2
16 Page 1035
ITEM NO. 24.
ITEM NO. 24.
2 NOW, THEREFORE, for good and valuable consideration, the Parties declare that the Property shall hereafter be held, used, operated, transferred, sold, conveyed, and leased subject to the following covenants and restrictions for the entirety of the term of this Declaration.
A G R E E M E N T
1. Definitions. Unless the context otherwise requires, the following terms shall have the meanings set forth in this Section 1.
1.1 “Capital Repair” means any repair or replacement that GAAP would consider capital in nature, except for repainting as described in Section 5.2.
1.2 “Historic Preservation Law” means any Law imposing obligations or restrictions relating to the maintenance and preservation of historic buildings and places, including without limitation the provisions of Chapter 29 of the Town of Los Gatos Municipal Code, the California Historical Building Code, the National Historic Preservation Act, the Secretary of the Interior’s Standards for the Treatment of Historic Properties and Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings, all as amended from time to time.
1.3 “Landscaping” means trees, grass, planters, succulents, shrubs, bushes, and other landscaping on the Property.
1.4 “Law” means individually and “Laws” mean collectively all laws, ordinances, statutes, resolutions, orders, rules, official policies, standards, specifications, guidelines or other regulations that are now or hereafter promulgated or adopted by the Town, any other local government agency having jurisdiction over the Property, the State of California, or the United States of America.
1.5 “Maintenance”, “maintain” or “maintaining” means the operation, inspection, maintenance, repair, rehabilitation, restoration and, as necessary, replacement of the Improvements and components thereof. Without limiting the Quality Standard, “maintenance” shall include, without limitation:
a. Maintaining the asphalt and concrete surfaces and sidewalks in a reasonably level, smooth and evenly covered condition, ordinary wear and tear excepted, with the type of surfacing material originally installed or such substitute as shall in all respects be substantially equal or superior in quality, use and durability; b. Maintaining all materials affixed or applied to the exterior surfaces of the Improvements, including paint, bricks, roof tiles, and stucco, and all finishes; c. Maintaining the roof, exterior walls, interior walls, and ceilings; d. Maintaining hardware, doors, and windows; and
e. Maintaining the drainage system, automatic sprinkler systems and water lines to keep the Property and Improvements in a condition that meets the Quality Standard and to prevent flooding; and
ITEM NO. 24.
3 f. Placing, maintaining, repairing and (if and to the extent reasonably required) replacing any necessary or appropriate fencing and boundary walls.
1.6 “Owner” shall mean Owner, any successor owner of the Property or the Improvements, and any lessee or management agent to whom Owner may have delegated its responsibilities to maintain the Property or Improvements.
1.7 “Quality Standard” means maintenance of the Improvements and the Property at a standard consistent with a first-class residential property in the Town, but in any event not less than the maintenance and quality standards required by Historic Preservation Laws or any other Laws; reasonably frequent repainting; application of reasonably frequent pest control measures to remove and deter pests and rodents from the Property; prompt removal of any graffiti; prompt repair of damage caused by vandalism, trees, or weather; and prompt repair of cracks, holes, and subsidence.
1.8 “Default Rate” means the lesser of 10% per annum or the maximum nonusurious rate under applicable Law.
2. Term of Declaration; Termination. The Parties agree that the covenants, restrictions and other provisions set forth in this Declaration will stay in effect in perpetuity, unless sooner terminated by Town.
2.1 No Termination If Not Listed. For the avoidance of doubt, except as otherwise agreed by Town, this Declaration shall not terminate if the Property or the Improvements are removed from the California Register of Historic Places or not included in the National Register of Historic Places or any other similar local register.
2.2 Release. Upon the termination of this Declaration, Town will promptly execute and deliver to Owner an appropriate release and cancellation instrument acknowledging the expiration or termination of this Declaration, and the provisions thereof. The release and cancellation instrument will be executed in proper form for recordation in the official real estate records of the County. For the avoidance of doubt, the termination of this Declaration shall not relieve the then Owner of obligations they may have under applicable Laws, including then applicable Historic Preservation Laws.
3. Maintenance. Owner shall comply with the following maintenance requirements:
3.1 Prior to commencing any maintenance of the Improvements or the Property, all approvals required under applicable Laws shall have been obtained. Owner acknowledges and agrees that the approval and permitting process is more extensive for work on historic buildings than typical first-class residential buildings, and that public hearings may be required.
3.2 Owner shall perform all maintenance using historic materials appropriate for the time the Improvements were originally constructed and, to the extent feasible and not a life-safety hazard as determined under Historic Preservation Laws, use the original methods of construction.
3.3 All maintenance shall be performed in accordance with the Quality Standard.
ITEM NO. 24.
4 3.4 For any element of the Improvements and the Property that is significant to its historical and architectural value or a character-defining feature of the Improvements, Owner shall use best efforts to repair such element before replacing it.
3.5 Once commenced, any maintenance shall be diligently prosecuted to completion.
4. Preservation. Owner shall preserve (as defined in the Historic Preservation Laws) any element of the Improvements that is significant to the Property’s historical and architectural value and any character-defining features of the Improvements as required by the Historic Preservation Laws. Owner shall further operate the Improvements in a manner that does not adversely affect the character, historical, architectural or aesthetic interest of the Town’s Broadway Historic District.
5. Alterations.
5.1 Exterior Alterations. Without Town’s prior written consent, Owner shall not construct any addition to or make any change, improvement, or alteration (each, an “Alteration”) to the exterior of the Improvements facing Tait Avenue or Main Street (including without limitation the roof, exterior walls, exterior trim, windows, shutters, doors, columns, doorways, and doors) or the walkways, fence or wall on the Tait Avenue or Main Street frontage (each individually a “Restricted Exterior Improvement” and collectively the “Restricted Exterior Improvements”). “Alteration” also includes any demolition or removal of any Restricted Exterior Improvement and any Capital Repair to any Restricted Exterior Improvement. The Town may withhold or condition consent if Town determines in its sole and absolute discretion that the Alteration would threaten or destroy the Improvements’ characterdefining features or the historical or architectural value of the Improvements or the Town’s Broadway Historic District. Any request for Town consent shall be directed to the Town Manager and shall include conceptual plans and a description of the material to be used for the proposed Alteration. Consent under this Section 5.1 is required in addition to, and not in lieu of, any other approval required by Laws.
5.2 Exterior Maintenance Exception. Notwithstanding Section 5.1, Owner may make changes or alterations to the Restricted Exterior Improvements without Town consent if they (a) are performed in accordance with Sections 3 and 4 and (b) consist of (i) performing spot replacement or reapplication of materials then affixed or applied to the Restricted Exterior Improvements that have deteriorated with materials of like kind, including stucco, brick, mortar, or roof tiles (provided that less than all roof tiles are replaced); (ii) repair or reattachment of materials then affixed to the Restricted Exterior Improvements; (iii) using materials of like kind to fill cracks or resurface walkways; (iv) repainting one or more walls using substantially the same color as the then-existing color of such wall(s); or (v) applying sealants of a similar color to the Restricted Exterior Improvements.
5.3 Alterations Generally. Before commencing construction, installation, or demolition work associated with any Alteration to the Improvements or the Property, Owner must obtain all approvals required by the Laws. Any Alteration must comply with all requirements of the Historic Preservation Laws and any construction, installation, or demolition work associated with any Alteration must comply with all Laws.
ITEM NO. 24.
5 6. Insurance Obligations. Owner shall obtain and maintain at all times fire and extended coverage insurance on all Improvements in the amount of the replacement cost of the Improvements, and in amounts at least sufficient to avoid the effect of any coinsurance provisions of such policies. Whenever any structural Alterations on the Property are in the course of construction, and are not otherwise covered by the fire and extended coverage insurance required above, Owner shall carry builder’s risk insurance written on a completed value basis, insuring against loss to the extent of at least the replacement value of the improvements under construction. Such course of construction coverage shall be effective prior to commencement of construction of any improvements or alterations.
7. Indemnity. Owner shall indemnify, defend (with counsel reasonably acceptable to Town), protect and hold harmless Town from and against all claims, liabilities and expenses (including, without limitation, reasonable attorneys’ fees) arising from the failure of Owner or its contractors, employees or agents to maintain, restore, reconstruct, or preserve the Property or the Improvements in accordance with this Declaration.
8. Casualty. If, during the Term, the Improvements are totally or partially destroyed by any fire, earthquake, or other casualty or sudden destructive event (“Casualty”), Owner shall within 90 days after the date of the Casualty commence to repair and restore the Improvements and shall proceed with reasonable diligence to complete the repair and restoration of the Improvements. Restoration, rehabilitation, and reconstruction following a casualty shall be conducted in the manner required by Historic Preservation Laws.
9. Default and Remedies. Failure by Owner or its successors or assigns to perform its or their obligations hereunder shall constitute a default under this Declaration, and Town may institute legal action to cure, correct or remedy such default, to recover damages for such default or to obtain any other remedy whether at law or in equity, including injunctive relief and specific performance, consistent with the purpose of this Declaration. Town is deemed the beneficiary of the terms and provisions of this Declaration and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Declaration and the covenants running with the land have been provided, without regard to whether Town has been, remains or is an owner of any land or interest therein in the Property.
10. Notices. All notices, requests, demands, and other communications under this Declaration shall be in writing and shall be deemed given and effective at the following times if sent to a Party at its address designated per this Section 10: (i) on the date of delivery if served personally on the Party to whom notice is to be given or, unless otherwise specifically provided or required by this Declaration; (ii) if sent by overnight delivery, such as by Federal Express, on the date said notice or other writing is delivered or on which delivery is refused; or (iii) five (5) business days after mailing by first class, registered or certified mail, postage prepaid.
If to Town:
Town of Los Gatos
Attn: Town Manager
110 E. Main Street
Los Gatos, CA 95030
ITEM NO. 24.
6 With a Copy to:
Town of Los Gatos
Attn: Town Attorney
110 E. Main Street
Los Gatos, CA 95030
If to Owner:
Branislav Vajdic
Any Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.
11. Conflict with Historic Preservation Law. To the extent that any Historic Preservation Law imposes obligations on Owner that conflict with this Declaration, the more restrictive of this Declaration or the Historic Preservation Law shall apply.
12. Covenants to Run with the Land. The covenants, restrictions, rights, conditions, powers, and other provisions contained or referenced in this Declaration: (a) are made for the mutual benefit of the Parties and their respective successors (by operation of law or otherwise) and assigns and the Property; (b) burden the applicable Property and are binding upon the Parties and their respective successors (by operation of law or otherwise), assigns, and all other persons or entities acquiring the Property, or any portion thereof or interest therein; and (c) are intended as and are enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including without limitation, Section 1468 of the Civil Code of the State of California, as the same may be amended from time to time and any successor statutes thereof.
13. Recordation. This Declaration shall be recorded in the official records of the Santa Clara County Recorder’s Office.
14. Modification. This Declaration may not be modified, in whole or in part, except by a modification in writing signed by both Parties.
15. Delegation. To the extent that Owner delegates any of its responsibilities under this Declaration to any tenant or management agent, the tenant or management agent shall agree in writing to comply with all terms of this Declaration.
16. Approvals. Whenever reference is made herein to a consent, action or approval to be provided or undertaken by Town, the Town Manager or his or her designee is authorized to act on behalf of Town, unless specifically provided otherwise or the context requires otherwise.
17. No Waiver. The waiver by one Party of the performance of any covenant or condition hereunder shall not invalidate this Declaration, nor shall it be considered to be a waiver by such Party of any other covenant or condition hereunder. The waiver by either or both Parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time.
ITEM NO. 24.
7 18. Attorneys’ Fees. If either Party shall bring suit against the other as a result of any alleged breach or failure by the other Party to fulfill or perform any covenants or obligations under this Declaration or in any deed, instrument or other document delivered pursuant hereto, or to seek declaratory relief as to the rights or obligations of either Party, then in such event, the prevailing Party in such action shall be entitled to reasonable attorneys’ fees incurred by reason of such action and all costs of suit incurred in pursuit thereof.
19. Provisions Severable. Each provision of this Declaration shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Declaration is deemed to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Declaration.
20. Time of the Essence. Time is of the essence of this Declaration and of the performance of all the terms, covenants and conditions contained in this Declaration.
21. Entire Agreement. This Declaration, which includes the recitals and each of the attachments attached hereto, constitutes the entire agreement between the Parties relating to the subject matter of this Declaration and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the Parties with respect to the subject matter hereof.
22. Governing Law. This Declaration shall be governed and construed in accordance with the laws of the State of California, without reference to its choice of law rules. The exclusive venue for any disputes or legal actions shall be the Superior Court of California in and for the County of Santa Clara.
23. Construction. Each Party has participated in the drafting of this Declaration and has had the same reviewed by counsel of its choosing, and, as such, this Declaration shall not be construed against either such Party based on the drafter of any particular provision thereof. Section headings in this Declaration are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions of this Declaration.
24. Counterparts. This Declaration may be executed in one or more counterparts, each of which will constitute an original, and all of which together will constitute one and the same instrument.
[Signature Page Follows]
ITEM NO. 24.
8 IN WITNESS WHEREOF, the Parties have executed this Declaration as of the date first set forth above.
TOWN:
TOWN OF LOS GATOS
a California municipal corporation
By:
Chris Constantin, Town Manager
APPROVED AS TO FORM: [signature must be notarized]
By:
Gabrielle Whelan, Town Attorney
ATTEST:
By:
Wendy Wood, Town Clerk
OWNER:
BRANISLAV VAJDIC
[signature must be notarized]
ITEM NO. 24.
4914-9946-3070 v12 Attachment 1
ATTACHMENT 1
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHEASTERLY LINE OF WEST MAIN
STREET, FORMERLY HOTEL STREET, WITH SOUTHEASTERLY LINE OF TAIT STREET, THENCE
RUNNING SOUTHEASTERLY AND ALONG SAID NORTHEASTERLY LINE OF WEST MAIN STREET, FORMERLY HOTEL STREET EIGHTY (80) FOOT TO A POINT ON THE DIVISIONAL LINE OF LOTS 2 AND 3 IN BLOCK 2 OF J.W. LYNDON'S SUBDIVISION AS HEREINAFTER REFERRED TO, THENCE RUNNING NORTHEASTERLY AND ALONG SAID DIVISIONAL LINE OF SAID LOTS 2 AND 3 SEVENTY (70) FEET, THENCE RUNNING NORTHWESTERLY AND PARALLEL WITH SAID NORTHEASTERLY LINE OF WEST MAIN STREET (FORMERLY HOTEL STREET) EIGHTY (80) FEET
TO A POINT ON THE SOUTHEASTERLY LINE OF TAIT STREET, FORMERLY MONTGOMERY
STREET, THENCE RUNNING SOUTHWESTERLY AND ALONG SAID SOUTHEASTERLY LINE OF TAIT STREET, FORMERLY MONTGOMERY STREET, SEVENTY (70) FEET TO THE POINT OF BEGINNING, AND BEING THE WESTERLY SEVENTY (70) FEET OF LOT 3 AND THE WESTERLY SEVENTY (70) FEET OF THE SOUTHERLY THIRTY (30) FEET OF LOT 4 IN BLOCK 2 OF J.W.
LYNDON'S SUBDIVISION IN SAID TOWN OF LOS GATOS, A MAP OF WHICH SUBDIVISION IS OF
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK A, PAGE 54, OF MAPS, RECORDS OF SAID COUNTY.
PARCEL TWO:
BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF TAIT STREET, DISTANT THEREON SEVENTY (70) FEET NORTHEASTERLY FROM THE POINT OF INTERSECTION OF THE
SOUTHEASTERLY LINE OF TAIT STREET WITH THE NORTHEASTERLY LINE OF WEST MAIN STREET, FORMERLY HOTEL STREET; THENCE RUNNING NORTHEASTERLY AND ALONG THE SOUTHEASTERLY LINE OF TAIT STREET, EIGHTY (80) FEET TO A POINT ON THE NORTHEASTERLY LINE OF LOT 4, IN BLOCK 2 OF LYNDON'S SUBDIVISION, AS SHOWN UPON THE MAP THEREOF HEREINAFTER REFERRED TO; THENCE RUNNING SOUTHEASTERLY AND ALONG THE NORTHEASTERLY LINES OF LOTS 4 AND 3 IN SAID BLOCK 2, EIGHTY (80) FEET TO THE MOST EASTERLY CORNER OF SAID LOT 3; THENCE RUNNING SOUTHWESTERLY AND ALONG THE DIVIDING LINE BETWEEN LOTS 2 AND 3, IN SAID BLOCK 2, EIGHTY (80) FEET;
THENCE RUNNING NORTHWESTERLY AND PARALLEL WITH THE NORTHEASTERLY LINE OF WEST MAIN STREET EIGHTY (80) FEET TO THE POINT OF BEGINNING, AND BEING A PORTION OF LOTS 3 AND 4, IN BLOCK 2, AS LAID DOWN, DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED, "MAP OF J. W. LYNDON'S SUBDIVISION IN LOS GATOS, BEING PART OF THE ORIGINAL COVEL TRACT IN THE RANCHO RINCONADA DE LOS GATOS," END WHICH
SAID MAP WAS FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON SEPTEMBER 17, 1881 IN BOOK A, PAGE 54, OF MAPS.