1 CITY OF SAN MARCOS - DEVELOPMENT SERVICES DEPARTMENT
RIGHT OF WAY CONTRACT - CITY OF SAN MARCOS
DATE
CITY OF SAN MARCOS, California
GRANTOR:
T Cheetah Holdings, LLC, a California limited liability company,
CWDJ Properties, LLC, a California limited liability
company,
Shane Holdings, LLC, a California limited liability
company,
SEDJ Properties, LLC, a California limited liability
company,
E Meerkat Holdings, LLC, a California limited liability company,
Cole Holdings, LLC, a California limited liability
company,
K Zebra Holdings, LLC, a California limited liability
company,
J Monkey Holdings, LLC, a California limited liability
company,
LJDJ Properties, LLC, a California limited liability
company,
WADJ Properties, LLC, a California limited liability
company,
Tara Holdings, LLC, a California limited liability
company, all as tenants in common
Project: San Marcos Boulevard at Discovery Street
Intersection Improvement Project (CIP 86002)
(hereinafter referred to as “Project”)
APN: 219-210-38
Doc. No.:01 – Temporary Construction Easement
Site Address: 1370 W San Marcos Blvd
San Marcos, CA 92078
ALL RIGHT OF WAY CONTRACTS ARE CONTINGENT UPON APPROVAL BY THE
THE CITY OF SAN MARCOS
This Right of Way Contract (“Contract”) is made between the CITY OF SAN MARCOS, hereinafter referred to as “City” and T Cheetah Holdings, LLC, a California limited liability company, CWDJ Properties, LLC, a California limited liability company, Shane Holdings, LLC, a California limited liability company, SEDJ Properties, LLC, a California limited liability company, E Meerkat Holdings, LLC, a California limited liability company, Cole Holdings, LLC, a California limited liability company, K Zebra Holdings, LLC, a California limited liability company, J Monkey Holdings, LLC, a California limited liability company, LJDJ Properties, LLC, a California limited liability company, WADJ Properties, LLC, a California limited liability company, Tara Holdings, LLC, a California limited liability company, all as tenants in common, hereinafter referred to as “Grantor.” The City and Grantor are referred to herein as a “Party” or collectively as the “Parties.”
1. PROPERTY TO BE ACQUIRED
The documents listed below covering the property particularly described therein (altogether, the “Property” and specifically the “TCE Area”) shall be referred to in this Contract by the same name indicated below:
A. Document No.1 – Temporary Construction Easement - See Attachment 1 (hereinafter referred to as the “TCE”)
B. Document No. 2 - This Contract
2 C. Document No. 3 - Tenant Information Sheet – See Attachment 3
D. Document No. 4 – Seller Disclosure Form – See Attachment 4
In consideration of which, and other considerations hereinafter set forth, the Parties mutually agree as follows:
2. RECITALS:
A. This Contract and the documents referred to herein, constitute the entire understanding between the Parties as to the TCE but does not constitute the entire understanding between the Parties as to the Project.
B. Both Grantor and City recognize the expense, time, effort, and risk to both parties in determining the compensation for the TCE by eminent domain litigation and therefore are voluntarily entering into this Contract.
C. Except as otherwise provided herein, title, possession, and use of the TCE shall vest upon the date the Contract is fully executed.
D. The amount shown in section 3B below includes full cash payment for conveyance of said TCE rights and that along with all obligations of this Contract and the documents referred to herein are the full consideration for such possession and use of the same as set forth in the terms of each respective document.
3. THE CITY SHALL:
A. Intentionally omitted.
B. The City or its assignee will pay to the order of Grantor a total compensation of Twelve Thousand Five Hundred Dollars ($12,500.00) as payment in full for the following rights and/or acquisitions:
A Temporary Construction Easement as described in Exhibit “A” to Attachment 1, located on assessor parcel number 219-210-38 in San Marcos, California.
C. Payment shall be made to Grantor when title to said TCE are vested in the City or its assignee free and clear of all liens, encumbrances, easements, leases (recorded and unrecorded), leasehold interests, judgments, assessments, and taxes, except encumbrances and easements which in the sole discretion of the City or its assignee are acceptable.
D. The City shall, as a courtesy, provide Grantors with legal description and depiction of adjusted and relocated entry for amendment to existing Amended and Restated Declaration of Covenants, Conditions, and Restrictions, Grant of Reciprocal Access and Utility Easements and Road Maintenance Agreement dated September 12, 2013 and recorded as Document Number: 2013-0565604 in the Official Records of San Diego County, California. Grantors will have qualified professionals review the legal description and depiction to satisfy themselves with the content, scope, and accuracy thereof as the City is not providing any warranty or guaranty as to the same
E. The City shall be responsible for all costs and expenses of: (i) extending and relocating the existing fire service; (ii) adjusting the existing underdrain pipe with new outlet pipe and 3 adjust line to grade; and (iii) relocating and recertifying the existing backflow devise, all to current, applicable Vallecitos Water District standards and requirements.
4. THE GRANTOR(S):
A. Agree(s) that the total consideration being paid by City as provided in section 3B and as provided in this Contract reflects the fair market value of the TCE free and clear of contamination (See, page 15, Memorandum of Appraisal Update, February 16, 2021, Bender Rosenthal Incorporated). If the land on the TCE being acquired is found to be contaminated and said contamination requires mitigation under Federal, State, or Local Laws to allow City to move forward with the Project, City may either: (i) at its own expense clean or restore the site, or (ii) abandon the Project and be reimbursed funds paid to Grantor. In the event City proceeds with the Project, Grantor will not be responsible to City for any such cleanup or restoration costs. Nothing in this Contract prohibits City from recovering its cleanup costs from any third party Potentially Responsible Party which may have caused or contributed to the contamination or are otherwise responsible for such cleanup.
B. Agree(s) to indemnify, hold harmless, and defend the City from any and all claims, liabilities, obligations or causes of action from any person or source arising out of or connected with hazardous materials or contaminated soils on, in, or under the TCE which is the subject of this Contract, but only if the City can establish by evidence that the hazardous materials or contaminated soils that are the subject of the claims were caused or created by Grantor .
C. Agree(s) to provide those documents necessary to place title in the condition called for by the documents listed in section 3B, including, but not limited to, W-9 Tax Reporting Form, Statement of Information, Certification of Trust (if applicable), partnership documentation and/or corporation documentation (if applicable), complete the Tenant Information Sheet shown in Attachment 3 and complete the Seller’s Disclosure Form shown in Attachment 4.
D. If necessary, Reserved
E. Hereby waive(s) and release(s) City, its officers, employees, agents, attorneys and representatives from and against any and all claims, actions, demands and suits relating to the purchase price, loss of goodwill, severance, and/or the acquisition of the TCE.
F. Warrant(s) that there are no leases, written or oral, on any portion of the TCE except for those identified on Attachment 2 attached hereto and by this reference herein incorporated.
G. Shall make all disclosures required by law and shall complete and sign the Seller’s Disclosure Form attached hereto as Attachment 4 and by this reference herein incorporated.
H. In the event that Grantor is/are unable to deliver title in a reasonable time in accordance with the terms of this Contract, the City may pursue an action in eminent domain for acquisition of the TCE.
I. Grantor(s) agree(s) that its/their heirs, assigns and successors in interest, shall be bound by all the terms and conditions contained in this Contract.
5. THE CITY AND GRANTOR FURTHER AGREE AS FOLLOWS:
4 It is agreed and confirmed by the Parties hereto that notwithstanding other provisions in this Contract, the right of possession and use of the TCE Area described in this Contract by the City, including the right to remove existing vegetation, irrigation facilities, curb and gutter, and surface pavement, (but subject to the restoration requirements set forth in the TCE), shall commence on the date that the Contract is fully executed and title to the TCE is conveyed to City.
This Contract shall not be changed, modified, or amended except upon the written consent of all Parties hereto.
This Contract is the result of negotiations between the Parties and is intended by the Parties to be a final expression of their understanding with respect to the subject matters herein contained. This Contract supersedes any and all other prior or contemporaneous agreements, correspondence, negotiations and understandings, whether oral or written, between the Parties in connection with the subject matters of this Contract. This Contract has been subject to review by all Parties and no provision contained herein shall be construed against the City solely because it prepared this Contract in its executed form.
6. DURATION OF OFFER:
If this Contract is not signed by Grantor and City within 60 days of the date of the offer letter, it shall be deemed automatically revoked, unless extended by mutual agreement of the Parties.
No Obligation Other Than Those Set Forth Herein above Will Be Recognized.
CONTINUED ON NEXT PAGE
5 In Witness Whereof, the Parties hereto have executed this Contract on the ______day of _________________, 2022.
GRANTOR: T Cheetah Holdings, LLC, a California limited liability company, CWDJ Properties, LLC, a California limited liability company, Shane Holdings, LLC, a California limited liability company, SEDJ Properties, LLC, a California limited liability company, E Meerkat Holdings, LLC, a California limited liability company, Cole Holdings, LLC, a California limited liability company, K Zebra Holdings, LLC, a California limited liability company, J Monkey Holdings, LLC, a California limited liability company, LJDJ Properties, LLC, a California limited liability company, WADJ Properties, LLC, a California limited liability company, Tara Holdings, LLC, a California limited liability company, all as tenants in common
T Cheetah Holdings, LLC, a California
limited liability company
CWDJ Properties, LLC, a California
limited liability company
By: By:
Tina Lovato-Woods, its Manager
Tina Lovato-Woods, its Manager
Shane Holdings, LLC, a California
limited liability company
SEDJ Properties, LLC, a California
limited liability company
By: By:
Tina Lovato-Woods, its Manager
Tina Lovato-Woods, its Manager
E Meerkat Holdings, LLC, a California
limited liability company
Cole Holdings, LLC, a California
limited liability company
By: By:
Tina Lovato-Woods, its Manager
Tina Lovato-Woods, its Manager
6 K Zebra Holdings, LLC, a California
limited liability company
J Monkey Holdings, LLC, a California
limited liability company
By: By:
Tina Lovato-Woods, its Manager
Tina Lovato-Woods, its Manager
LJDJ Properties, LLC, a California
limited liability company
WADJ Properties, LLC, a California
limited liability company
By: By:
Tina Lovato-Woods, its Manager
Tina Lovato-Woods, its Manager
Tara Holdings, LLC, a California limited
liability company
By:
Tina Lovato-Woods, its Manager
Approved as to Form:
By: _______________________________
Helen Peak
City Attorney
Dated: ___________________
CITY OF SAN MARCOS,
a chartered municipal corporation
Approved:
By: __________________________________
Jack Griffin
City Manager
Dated: _________________________
7 TEMPORARY CONSTRUCTION EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, T Cheetah Holdings, LLC, a California limited liability company, CWDJ Properties, LLC, a California limited liability company, Shane Holdings, LLC, a California limited liability company , SEDJ Properties, LLC, a California limited liability company, E Meerkat Holdings, LLC, a California limited liability company, Cole Holdings, LLC, a California limited liability company, K Zebra Holdings, LLC, a California limited liability company, J Monkey Holdings, LLC, a California limited liability company, LJDJ Properties, LLC, a Calif ornia limited liability company, WADJ Properties, LLC, a California limited liability company, Tara Holdings, LLC, a California limited liability company, all as tenants in common (“Grantor”) does hereby GRANT to the CITY OF SAN MARCOS, a chartered municipal corporation, Grantee (“CITY”) or its successors or assigns, its officers, agents, employees, or by any contractor, its agents and employees, engaged by said CITY, wherever and whenever necessary, the use of a temporary construction easement (“TCE”), hereinafter described. ALSO Granting to the CITY herein, the right to transfer and assign this easement in whole or in part to others. The TCE and the terms contained herein shall, during its term, run with the land and be binding upon G rantor and CITY and their respective heirs, successors, and assigns.
The TCE herein granted is for purposes incidental to the construction of the improvements associated with the San Marcos Boulevard at Discovery Street Intersection Improvement Project (C IP 86002) (“PROJECT”) located adjacent to the land owned by Grantor at 1370 W San Marcos Blvd San Marcos, CA 92078 (“PROPERTY”). The TCE shall terminate the earlier of: (i) four (4) months after the date the CITY provides 30-day written notice of the com mencement of construction activities ; or (ii) December 31, 2022. It is understood that upon said termination date the CITY shall have no further obligation or liability in connection with this TCE or said PROPERTY other than the defense, indemnification and hold harmless obligation set forth in the paragraph below or as otherwise provided in the Right of Way Contract entered into by Grantor and City.
The CITY shall, to the extent authorized by law, defend, indemnify and hold the Grantor, their, Managers, Members, employees, tenants, licensees, invitees, agents and assigns, harmless from any and all liability , costs, and/or claims, including legal fees or expenses, arising out of, or in any way connected with this TCE, said PROJECT and/or construction activities, and/or the CITY’s or any of its agents, contractors, employees, assignees, or licensees’ use of this TCE or the TCE Area (defined more specifically below) during the term of the TCE . The CITY’s contra ctor shall carry liability insurance as required in the CITY’s “Standard Specifications for Public Works Construction”. This defense, indemnity and hold harmless obligation shall survive the termination of this TCE.
Upon completion of any work within the TCE Areas, CITY shall restore, at CITY's expense, any disturbed portion of the TCE Areas, including any structures and improvements thereon, to substantially the same condition that existed prior to commencing the work. For the duration of this TCE, the CITY shall ensure that the TCE Area will be maintained in a safe condition and the CITY shall be solely responsible for complying with any and all laws and regulations applicable to the CITY’s use of the TCE Area, including but not limited to, obtaining a nd maintaining any and all permitting and providing any notifications required by CITY’s use of the TCE Area.
That portion of the Property over which said TCE is hereby granted (the “TCE Area”) is situated in the City of San Marcos, County of San Diego, State of California, and is more particularly described in EXHIBIT “A”, and as shown graphically on EXHIBIT “B” consisting of two (2) pages attached hereto and made a part hereof.
Temporary Construction Easement
APN: 219-210-38
8 This document is executed this________ day of _______________________________, 2022
GRANTOR: T Cheetah Holdings, LLC, a California limited liability company, CWDJ Properties, LLC, a California limited liability company, Shane Holdings, LLC, a California limited liability company SEDJ Properties, LLC, a California limited liability company, E Meerkat Holdings, LLC, a California limited liability company, Cole Holdings, LLC, a California limited liability company, K Zebra Holdings, LLC, a California limited liability company, J Monkey Holdings, LLC, a California limited liability company, LJDJ Properties, LLC, a California limited liability company, WADJ Properties, LLC, a California limited liability company, Tara Holdings, LLC, a California limited liability company, all as tenants in common
By:
Print name:
Its:
NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ.
THIS IS TO CERTIFY that the interest in real property conveyed by the Temporary Construction Easement dated from, T Cheetah Holdings, LLC, CWDJ Properties, LLC, Shane Holdings, LLC, SEDJ Properties, LLC, E Meerkat Holdings, LLC, Cole Holdings, LLC, K Zebra Holdings, LLC , J Monkey Holdings, LLC, LJDJ Properties, LLC, WADJ Properties, LLC, and Tara Holdings, LLC, , to the CITY OF SAN MARCOS, a chartered municipal corporation, is hereby accepted by it duly authorized officer.
DATED: BY:
City Clerk
Approved as to form:
City Attorney
9 ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF
On , before me
(name, title of officer, Notary), appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
10 EHIBITS A & B
PLATS AND LEGAL
PAGE 1 OF 3
EXHIBIT “A”
LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENTS
PORTIONS OF THE PROPERTY GRANTED TO TARA HOLDINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AS PARCEL 1 OF QUITCLAIM DEED RECORDED 8/19/2019 AS DOC. NO. 2019-0349463 OF OFFICIAL RECORDS, (BEING ALSO PARCEL B’ OF PARCEL MAP 18591 RECORDED DECEMBER 1, 2000 AS FILE NO. 2000-0654306), (APN 219-210-38), MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TEMPORARY CONSTRUCTION EASEMENT (TCE) PARCEL 1
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL ‘B’, BEING ALSO A POINT ON THE NORTHERLY RIGHT OF WAY OF SAN MARCOS BLVD, AS SHOWN ON SAID PARCEL MAP; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL ‘B’ AND SAID NORTHERLY RIGHT OF WAY SOUTH 73°01’55” WEST 70.00 FEET TO TRUE POINT OF BEGINNING ; THENCE CONTINUING ALONG SAID LINE THE FOLLOWING COURSES:
SOUTH 73°01’55” WEST 265.32 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 1737.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°10’04” AN ARC LENGTH OF 96.04 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTHERLY RIGHT OF WAY AND SAID
CURVE AND NORTHWESTERLY ALONG A RADIAL LINE
NORTH 13°48’01” WEST 6.00 FEET TO THE INTERSECTION WITH A LINE THAT LIES 6.00 FEET NORTHERLY
OF AND PARALLEL WITH SAID SOUTHERLY LINE, BEING ALSO A POINT ON A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1731.00 FEET; THENCE LEAVING SAID RADIAL LINE AND
NORTHEASTERLY ALONG SAID PARALLEL LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 03°10’04” AN ARC LENGTH OF 95.70 FEET; THENCE TANGENT FROM SAID CURVE AND CONTINUING
ALONG SAID PARALLEL LINE
NORTH 73°01’55” EAST 56.32 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 16°58’05” WEST 6.00 FEET TO AN INTERSECTION WITH A LINE THAT LIES 12.00 FEET NORTHERLY OF AND PARALLEL WITH SAID SOUTHERLY LINE OF PARCEL ‘B’; THENCE NORTHEASTERLY ALONG
SECOND SAID PARALLEL LINE
NORTH 73°01’55” EAST 209.00 FEET; THENCE LEAVING SECOND SAID PARALLEL LINE SOUTH 16°58’05” EAST 12.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 3,421.14 SQUARE FEET OR 0.079 ACRE, MORE OR LESS.
PAGE 2 OF 3
TEMPORARY CONSTRUCTION EASEMENT (TCE) PARCEL 2
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL ‘B’ OF PARCEL MAP 18591, BEING ALSO A POINT ON THE NORTHERLY RIGHT OF WAY OF SAN MARCOS BLVD, AS SHOWN ON SAID PARCEL MAP; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL ‘B’ AND SAID NORTHERLY RIGHT OF WAY SOUTH 73°01’55” WEST 335.32 FEET TO THE BEGINNING OF A TANGENT CURVE , CONCAVE NORTHERLY HAVING A RADIUS OF 1737.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE
AND NORTHERLY RIGHT OF WAY AND ALONG THE SOUTHWESTERLY PROLONGATION OF FIRST COURSE SOUTH 73°01’55” WEST 320.26 FEET; THENCE LEAVING SAID PROLONGATION NORTH 16°58’05” WEST
29.78 TO A POINT ON THE WESTERLY LINE OF SAID PARCEL ‘B’ BEING ALSO A POINT ON A NON- TANGENT CURVE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 94.00 FEET TO WHICH A RADIAL LINE BEARS NORTH 58°25’49” EAST, AND THE TRUE POINT OF BEGINNING; (C3) THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 09°48’19” AN ARC LENGTH OF 16.09 FEET; THENCE LEAVING SAID WESTERLY LINE AND SAID CURVE
(L1) NORTH 62°14’35” EAST 29.36 FEET; THENCE
(L2) NORTH 82°31’31’ EAST 16.00 FEET TO THE INTERSECTION WITH A RADIAL LINE BEARING SOUTH 07°28’29” EAST TO SAID 1737.00 FOOT RADIUS CURVE IN SAID SOUTHERLY LINE AND SAID NORTHERLY RIGHT OF WAY; THENCE
(L3) SOUTHERLY ALONG SAID RADIAL LINE SOUTH 07°28’29” EAST 28.00 FEET TO SAID SOUTHERLY LINE AND SAID NORTHERLY RIGHT OF WAY; THENCE LEAVING SAID RADIAL LINE AND (C2) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°41’22” AN ARC LENGTH OF 20.90 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PUBLIC STREET EASEMENT DESCRIBED AS PARCEL 1 PER GRANT DEED RECORDED 2/18/2010 AS DOC. NO. 2010-0081330, OFFICIAL RECORDS;
THENCE LEAVING SAID SOUTHERLY LINE, NORTHERLY RIGHT OF WAY AND SAID CURVE AND WESTERLY ALONG SAID PUBLIC STREET EASEMENT THE FOLLOWING COURSES:
(L4) NORTH 51°49’17” WEST 4.82 FEET (RECORD NORTH 51°49’25” WEST 4.82 FEET) TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 1733.60 FEET, TO WHICH A RADIAL LINE BEARS SOUTH 06°40’21” EAST; THENCE
(C7) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°22’46” (RECORD 00°22’40”) AN ARC LENGTH OF 11.48 FEET (RECORD 11.43 FEET) TO A POINT ON THE WESTERLY LINE OF SAID PARCEL ‘B’ AND THE TRUE POINT OF BEGINNING.
CONTAINING: 942.11 SQUARE FEET OR 0.022 ACRE, MORE OR LESS.
SEE SHEET 3
PAGE 3 OF 3
SEE EXHIBIT “B” PLAT, CONSISTING OF 3 SHEETS, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
_______________________________________________
PAUL E. GOEBEL LS 8486 12/22/2021
MBI JN 163212 DISCOVERY SAN MARCOS
TARA- TCE-APN 219-210-38
SAN MARCOS BLVDDISCOVERYST.
Michael Baker International
9755 Clairemont Mesa Blvd.
San Diego, CA 92124
(858)614-5000
EXHIBIT 'B' PLAT-
TEMPORARY CONSTRUCTION
EASEMENTS (TCE)
12/22/2021
SAN MARCOS BLVD
Michael Baker International9755 Clairemont Mesa Blvd.San Diego, CA 92124(858)614-5000 TCE PARCEL 1
EXHIBIT 'B' PLAT-TEMPORARY CONSTRUCTIONEASEMENTS (TCE)
SAN MARCOS BLVD
Michael Baker International9755 Clairemont Mesa Blvd.San Diego, CA 92124(858)614-5000 TCE PARCEL 2EXHIBIT 'B' PLAT-TEMPORARY CONSTRUCTIONEASEMENTS (TCE)
11 Attachment 3
Tenant Information
San Marcos, California
1. Unit/Space Identification; __________________________________ Tenant’s Name: ________________________________________ Contact Person: ________________________________________ Contact Phone Number: __________________________________ Date First Rented / Leased Property _______________________ Term of Rental Agreement of Lease: _______________________ Termination of Date of Existing Agreement: __________________ Approximate area of Unit: __________________________________ Rental Rate Per Month: ____________________________________ Utilities Included in Rent: __________________________________
2. Unit/Space Identification; __________________________________ Tenant’s Name: _______________________________________
Contact Person: _______________________________________ Contact Phone Number: __________________________________ Date First Rented / Leased Property _______________________ Term of Rental Agreement of Lease: _______________________ Termination of Date of Existing Agreement: __________________ Approximate area of Unit: __________________________________ Rental Rate Per Month: ____________________________________ Utilities Included in Rent: __________________________________
3. Unit/Space Identification; __________________________________ Tenant’s Name: ________________________________________ Contact Person: ________________________________________ Contact Phone Number: __________________________________ Date First Rented / Leased Property _______________________ Term of Rental Agreement of Lease: _______________________ Termination of Date of Existing Agreement: __________________ Approximate area of Unit: __________________________________ Rental Rate Per Month: ____________________________________ Utilities Included in Rent: __________________________________
12 Attachment 4
SELLER DISCLOSURE FORM
13 1. Does Grantor actively manage Property? If yes, please complete this Disclosure Form. If no, please complete this Disclosure Form to the best of your ability and ALSO deliver a copy of this Disclosure Form to the individual who does actively manage the Property and ask him or her to fill out and return it to Buyer at address below.
Yes No X
2. Documents Regarding the Property . Does Grantor have in its possession documents concerning the Property’s physical condition? Yes X No
3. Grantor’s Knowledge Regarding Title . Does Grantor have knowledge of any liens, easements, licenses or other encumbrances affecting the Property that were not disclosed in the Preliminary Title Report? Yes No N/A X
4. Pending Litigation. Does Grantor have knowledge of any pending litigation affecting the Property? Yes No X
5. Hazardous Materials. Does Grantor know if any “Hazardous Materials” (including but not limited to chemicals, toxins, contaminants, underground storage tanks, etc.) have ever been placed upon or released in, under or on the Property.
Yes X No
Does Grantor know if there are any Hazardous Materials currently stored on the property? Yes No X
6. Knowledge of Violations . Does Grantor know of any violations whatsoever of any ordinance, regulation, statute, or judicial order affecting the Property? Yes No x
7. Leases. Does Grantor know of any leases that affect the Property? Yes X No
Does Grantor know of any person or entity other than Grantor that has the right to use the Property now or in the future? Yes X No
8. Debris. Does Grantor know of any buried debris, underground storage tanks, unsuitable soil, garbage, construction materials, manure or other debris on, under or within the Property? Yes No
IF GRANTOR ANSWERED “YES” TO ANY OF THE ABOVE QUESTIONS, THEN GRANTOR AGREES TO PROVIDE
GRANTEE WITH A WRITTEN EXPLANATION (AND ANY RELATED DOCUMENTS) FOR SUCH ANSWER WHICH GRANTEE SPECICICALLY REQUESTS IN WRITING . GRANTOR REPRESENTS AND WARRANTS THAT THE INFORMATION SET FORTH IN THIS ATTACHMENT 2 AND ANY SUBSEQUENT WRITTEN EXPLAN ATION (REFERENCED ABOVE) SHALL BE TRUE AT THE TIME GIVEN, TO ITS ACTUAL, CURRENT KNOWLEDGE AND BELIEF WITHOUT A DUTY OF INQUIRY.
GRANTOR AFFIRMS THAT THIS FORM HAS BEEN COMPLETED TO THE ACTUAL, CURRENT KNOWLEDGE OF THE INDIVIDUAL SIGNING ON ITS BEHALF BUT WITHOUT ANY DUTY OF INQUIRY.
Grantor: T Cheetah Holdings, LLC, a California limited liability company, CWDJ Properties, LLC, a California limited liability company, Shane Holdings, LLC, a California limited liability company SEDJ Properties, LLC, a California limited liability company, E Meerkat Holdings, LLC, a California limited liability company, Cole Holdings, LLC, a California limited liability company, K Zebra Holdings, LLC, a California limited liability company, J Monkey Holdings, LLC, a California limited liability company, LJDJ Properties, LLC, a California limited liability company, WADJ Properties, LLC, a California limited liability company, Tara Holdings, LLC, a California limited liability company, all as tenants in common
14 T Cheetah Holdings, LLC, a California
limited liability company
CWDJ Properties, LLC, a California limited
liability company
By: By:
Tina Lovato-Woods, its Manager
Tina Lovato-Woods, its Manager
Shane Holdings, LLC, a California limited
liability company
SEDJ Properties, LLC, a California limited
liability company
By: By:
Tina Lovato-Woods, its Manager
Tina Lovato-Woods, its Manager
E Meerkat Holdings, LLC, a California
limited liability company
Cole Holdings, LLC, a California limited
liability company
By: By:
Tina Lovato-Woods, its Manager
Tina Lovato-Woods, its Manager
K Zebra Holdings, LLC, a California limited
liability company
J Monkey Holdings, LLC, a California
limited liability company
By: By:
Tina Lovato-Woods, its Manager
Tina Lovato-Woods, its Manager
LJDJ Properties, LLC, a California limited
liability company
WADJ Properties, LLC, a California limited
liability company
By: By:
Tina Lovato-Woods, its Manager
Tina Lovato-Woods, its Manager
Tara Holdings, LLC, a California limited
liability company
By:
Tina Lovato-Woods, its Manager
15 1. Does Property Manager actively manage Property? If yes, please complete this Disclosure Form. If no, please complete this Disclosure Form to the best of your ability and ALSO deliver a copy of this Disclosure Form to the individual who does actively manage the Property and ask him or her to fill out and return it to Buyer at address below.
Yes X No
2. Documents Regarding the Property . Does Property Manager have in its possession documents concerning the Property’s physical condition? Yes X No
3. Property Manager’s Knowledge Regarding Title . D oes Property Manager have knowledge of any liens, easements, licenses or other encumbrances affecting the Property that were not disclosed in the Preliminary Title Report? Yes No N/A X
4. Pending Litigation. Does Property Manager have knowledge of any pending litigation affecting the Property? Yes No X
5. Hazardous Materials. Does Property Manager know if any “Hazardous Materials” (including but not limited to chemicals, toxins, contaminants, underground storage tanks, etc.) have ever been placed upon or released in, under or on the Property. Yes X No
Does Grantor know if there are any Hazardous Materials currently stored on the property? Yes No X
6. Knowledge of Violations . Does Property Manager know of any violations whatsoever of any ordinance, regulation, statute, or judicial order affecting the Property? Yes No x
7. Leases. Does Property Manager know of any leases that affect the Property? Yes X No
Does Property Manager know of any person or entity other than Grantor that has the right to use the Property now or in the future? Yes X No
8. Debris. Does Property Mana ger know of any buried debris, underground storage tanks, unsuitable soil, garbage, construction materials, manure or other debris on, under or within the Property? Yes No
IF PROPERTY MANAGER ANSWERED “YES” TO ANY OF THE ABOVE QUESTIONS, THEN PROPERTY MANAGER
AGREES TO PROVIDE GRANTEE WITH A WRITTEN EXPLANATION (AND ANY RELATED DOCUMENTS) FOR SUCH ANSWER WHICH GRANTEE SPECICICALLY REQUESTS IN WRITING . PROPERTY MANAGER REPRESENTS AND WARRANTS THAT THE INFORMATIO N SET FORTH IN THIS ATTACHMENT 2 AND ANY SUBSEQUENT WRITTEN
EXPLANATION (REFERENCED ABOVE) SHALL BE TRUE AT THE TIME GIVEN, TO ITS ACTUAL, CURRENT KNOWLEDGE AND BELIEF WITHOUT A DUTY OF INQUIRY.
PROPERTY MANAGER AFFIRMS THAT THIS FORM HAS BEEN COMPLETED TO THE ACTUAL, CURRENT KNOWELDGE OF THE INDIVIDUAL SIGNING ON ITS BEHALF BUT WITHOUT ANY DUTY OF INQUIRY.
Property Manager: Hilltop Group, Inc. a California corporation
By: __________________________________________________________________ Tina Lovato-Woods, Vice-President