AMENDMENT OF VACANT LAND PURCHASE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS
This is an amendment (“Amendment”) of the terms and conditions of the Vacant Land Purchase Agreement and Joint Escrow Instructions, dated August 15, 2023 (“Agreement”), an offer made by the City of Redondo Beach (“Buyer”) to Pacific Crest Cemetery Company, Inc. “Seller”) to purchase the property located at 2714 Grant Avenue, Redondo Beach, California 90278.
1. AMENDMENTS: The following provisions of the Agreement are hereby amended:
a. Section 3, Item Q(1) is hereby amended to provide that Seller will pay for the Natural Hazard Zone Disclosure Report, including tax information. b. Section 3, Item Q(7) is hereby amended to provide that Seller will pay for the County transfer tax and fees (if any).
c. Section 3, Item Q(8) is hereby amended to provide that Seller will pay for the City transfer tax and fees (if any).
d. Section 3, Items Q(9), Q(10), and Q(11) are hereby amended to state “Not Applicable.” e. The following new Sections 41 – 44 are hereby added to the Agreement:
41. SELLER REPRESENTATION REGARDING LEASES AND
OCCUPANCY. Seller hereby represents to Buyer that there are no leases, subleases, occupancies or tenancies pertaining to the Property, and Seller has no knowledge of any written or oral agreements with anyone with respect to the occupancy of the Property.
Between the date of this Agreement and the close of escrow, Seller shall not enter into any new leases or agreements to occupy any portion of the Property.
42. CITY COUNCIL APPROVAL REQUIRED. Buyer’s approval of this Agreement and the Amendment are subject to approval thereof by Buyer’s City Council at a regular or special meeting thereof.
43. BUYER APPROVALS. Except as provided in Section 42 hereof, whenever this Agreement calls for Buyer approval, consent, extension, or waiver, the written approval, consent or waiver of the City Manager of Buyer or his or her designee shall constitute the approval, consent, extension or waiver of the Buyer, without further authorization needed from Buyer’s City Council. Buyer herby authorizes the City Manager and his or her designees to sign documents, to deliver any such approvals, consents, extensions or waivers as are required by this Agreement, on behalf of Buyer.
44. FINDING OF GENERAL PLAN CONFORMITY. Buyer’s obligation to purchase the Property pursuant to this Agreement is subject to the determination of Buyer’s Planning Commission that the purchase of the Property is in conformity with Buyer’s General Plan.
2. OFFER/EXPIRATION: Buyer proposes this Amendment (i) which may be withdrawn by the Buyer at any time prior to acceptance, and (ii) shall be deemed revoked unless by 5:00 pm on August 11, 2023 this Amendment is signed by the Seller and a copy of this Amendment is delivered to the Buyer.
3. ACCEPTANCE. The following terms and conditions amending the agreement are hereby agreed to, and the undersigned acknowledge receipt of a copy of this Amendment. Upon acceptance, this Amendment shall be deemed to be an incorporated addendum to the Agreement.
BUYER:
CITY OF REDONDO BEACH
Dated: _________, 2023
William C. Brand, Mayor
ATTEST:
_____________________________ Dated: __________, 2023
Eleanor Manzano, City Clerk
APPROVED AS TO FORM:
_____________________________ Dated: ___________, 2023
Michael W. Webb, City Attorney
SELLER:
PACIFIC CREST CEMETERY COMPANY, INC.
Dated: _________, 2023