CITY COUNCIL MEETING AGENDA October 15, 2024
CITY OF SHASTA LAKE
CITY COUNCIL
SPECIAL MEETING AGENDA AMENDED
October 15, 2024
6:00 P.M.
Shasta Lake City Council Chambers
4488 Red Bluff Street Shasta Lake, CA 96019
Marriott Long Beach Downtown Lobby
111 East Ocean Blvd Long Beach, CA 90802
Mayor: Janice Powell
Vice Mayor: Tena Eisenbeisz
Council Members: Justin Jones, Pamelyn Morgan, Greg Watkins
OTHER WAYS TO PARTICIPATE IN THE MEETING
• Watch a livestream of the meeting online or view the recording any time after the meeting concludes at the following: cityofshastalake.org/meetings • Submit public comment electronically before the meeting to:
[email protected]. Public comment by email will be read into the record during consideration of the item the comment addresses. Each public comment will be limited to three minutes of reading. Include the item number you are commenting on in the subject line of the email. Once the vote has taken place on an item, no additional public comments will beaccepted.
• Submit public comment by mail addressed to City Clerk, City of Shasta Lake, PO Box 777, Shasta Lake, CA 96019. Mailed comments must be received one day prior to the meeting to be included.
1.0 CALL TO ORDER – REGULAR MEETING:
1.1 Call to order (please place electronic devices on silent)
1.2 Statement for the record of Council Members present or absent
1.3 Pledge of Allegiance
1.4 Invocation
2.0 AWARDS & RECOGNITIONS:
2.1 Proclamation: Global Youth Justice Month
3.0 PRESENTATIONS:
3.1 Shasta Lake Fire Protection District, Quarterly Report CITY COUNCIL MEETING AGENDA October 15, 2024
4.0 COMMISSION, COMMITTEE, AND OUTSIDE AGENCY REPORTS:
5.0 PUBLIC COMMENT:
This time is set aside for citizens to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an item noted on the regular agenda, please address the Council when that item is open for public comment. Each speaker is allocated three (3) minutes to speak. Speakers may not cede their time. Comments should be limited to matters within the jurisdiction of the City. Council discussion or action cannot be taken on items not listed on the agenda other than to receive comments. Speaker forms are available from the City Clerk, 4477 Main Street, Shasta Lake, on the City’s website, or at the back of the meeting hall. If you have documents to present to members of Council, please provide a minimum of seven copies. Pursuant to The Brown Act, the City Council cannot take action on Public Comment Items.
6.0 CONSENT AGENDA:
The items listed under the Consent Agenda are considered routine business and will be voted on together by one motion unless a Council Member requests a specific item to be removed and discussed separately.
6.1 Minutes of the Regular Meeting of September 3, 2024. (pg. 7)
6.2 Minutes of the Special Meeting of September 17, 2024. (pg. 11)
6.3 Minutes of the Regular Meeting of September 17, 2024. (pg. 12)
6.4 Minutes of the Special Meeting of October 7, 2024. (pg. 15)
6.5 Payrolls: (pg. 17)
PE 9/14/2024 PD 9/20/2024 $165,664.58
PE 9/28/2024 PD 10/04/2024 $166,221.83
6.6 Checks, E-payments, and wires: (pg. 19)
8/01/2024 $680,817.51
8/15/2024 $3,276,322.55
8/22/2024 $400,147.88
8/29/2024 $119,349.43
9/05/2024 $1,201,086.06
6.7 Monthly Report of Investment Transactions: (pg. 41) CITY COUNCIL MEETING AGENDA October 15, 2024
LAIF:
September $13,222,094.39
Chandler:
September $35,546,453.65
6.8 Discussion and possible action to adopt a Resolution accepting the Annual Review of the Development Agreement with Mountain Gate Meadows LLC. (pg. 45)
7.0 PUBLIC HEARINGS:
7.1 Public Hearing for discussion and possible action to approve an application submittal for Fiscal Year 2024 Notice of Funding availability – State of California Department of Housing and Community Development Community Development Block Grant (pg. 59)
8.0 REGULAR AGENDA:
8.1 Discussion and possible action to approve a Letter of Support for the Visions of the Cross Residential Recovery Campus Expansion. (pg. 69)
8.2 Discussion and possible action to approve a Resolution authorizing a memorandum of understanding between the City and County of Shasta for the purpose of acknowledging the county's use of CDBG program income within the City limits. (pg. 71)
8.3 Discussion and possible action to approve a Resolution accepting the report regarding the City’s Renewable Portfolio Standard Enforcement Program, status for compliance period 4 (2021-2024). (pg. 83)
8.4 Discussion and possible action to approve a Resolution approving the Energy Efficiency Lighting Upgrade at Margaret Polf Regional Park. (pg. 93)
8.5 Discussion and possible action to approve a Resolution authorizing the City Manager to complete the purchase of real property located at 005-690-020 in Shasta Lake. (pg. 99)
8.6 Discussion and possible action to approve a Resolution for the censure Councilman Watkins. (pg. 137)
9.0 STAFF COMMENTS:
10.0 CITY COUNCIL COMMENTS AND REPORTS:
CITY COUNCIL MEETING AGENDA October 15, 2024
This is the time set aside for Council Members, who may so desire, to give brief comments or reports concerning City matters. The City Council may not enter into discussion on matters reported. Statements made by individual Council Members should not be interpreted as a statement of the City Council. The City Council only takes action by majority vote. • Brief reports by members of the Council regarding correspondence, events and/or meetings attended, and upcoming meetings/events.
• Suggestions/motions for future agenda items.
• In compliance with Assembly Bill 1234, Council will report on attendance at conferences/meetings/events where expenses are reimbursed by the City.
ADJOURNMENT:
Meetings are broadcast on the Wednesday following the meeting at 6:00 PM and the following Friday at 2:00 PM on Charter Channel 181. Videos of meetings are also available through the City website: www.cityofshastalake.org In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (530) 275-7407. Notification 48 hours prior to the meeting is requested to enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).
OCTOBER 2024
“GLOBAL YOUTH JUSTICE MONTH”
WHEREAS, throughout October, more than 2,000 youth court programs operating in our nation’s juvenile justice systems, schools, and community-based organizations will celebrate Global Youth Justice Month. Peer Courts are youth-led and volunteer driven diversion programs and the Shasta County Youth Peer Court has been in operation for twenty years; and WHEREAS, youth peer courts are effective crime prevention and early intervention programs in the nation; and
WHEREAS, for over forty years they have offered innovative solutions to prevent juvenile crime and educate our young people; and
WHEREAS, youth peer courts emphasize the importance of being involved in one’s community, and they provide our nation’s youth with an opportunity to learn about government and take an active role in upholding our democratic principles; and WHEREAS, youth peer courts empower youth through involvement in community solutions by developing skills in leadership, decision-making, and problem solving; youth learn the appropriate use of peer pressure, and are given opportunities to mentor and instill integrity in their peers; and gain a clearer understanding of our nation’s judicial system; and WHEREAS, youth peer court volunteers play a pivotal role in making the goal of reducing juvenile crime in this country a reality and teach our youth about accountability and the consequences of making poor choices; they also reward responsible behavior; and WHEREAS, the Shasta Lake City Council strongly supports youth court programs because they help build healthier and safer communities in which we live, raise families, and work; and it commends the youth and adult volunteers who support the Shasta County Youth Peer Court and our juvenile justice system.
NOW, THEREFORE, the Shasta Lake City Council hereby proclaims October 2024 as Global Youth Justice Month in the City of Shasta Lake, California, to be celebrated in conjunction with the Shasta Youth Peer Court.
Dated this 15th day of October, 2024
JANICE POWELL, Mayor
5 Shasta Lake Fire Protection District
4126 Ashby Ct., Shasta Lake, CA 96019 (530) 275-7474 Fax (530) 275-6502 www.shastalakefpd.org
PREVENTION OFFICER REPORT
Over the last six months, I have been focusing on weed abatement and outreach efforts to mitigate fire hazards on private property that are potential fire threats throughout the City, with a lot of work being done by property owners. During this time, I've also completed over 175 hours of training in various aspects of my position.
Weed Abatement: I sent out 11 notices. I am still getting good communication with the property owners, and recipients are completing good work. This brings the total number of weed abatements sent out to 103 year to date, with more to come throughout October. Youth Program: On Monday, October 7th, we, as a department, with the help of the Shasta County Fire Prevention Officers, visited both elementary schools in the district to kick off fire prevention week. We presented fire safety information to over 500 students in the district. Business Inspections: Business inspections are a little over a third of the way done, with the guys stepping up and getting after them with their busy schedules Fires: From June to October 2024, the district promptly responded to 50 fires inside and outside.
• 26 Vegetation Fires
• 18 Structure Fires
• 3 Vehicle Fires
• 3 Other types of fires
Respectfully Submitted,
Nicholas C. Pruitt
Nicholas C. Pruitt
Fire Marshal/ Prevention Officer
6 CITY OF SHASTA LAKE
CITY COUNCIL MEETING MINUTES
MINUTES OF THE REGULAR MEETING
HELD TUESDAY, SEPTEMBER 3, 2024, AT THE
CITY COUNCIL CHAMBERS, 4488 RED BLUFF ST, SHASTA LAKE, CALIFORNIA
1.0 CALL TO ORDER – REGULAR MEETING:
1.1 Mayor Powell convened the regular meeting at 6:00 PM
1.2 Council Members present: Eisenbeisz, Jones, Powell, Watkins Councilwoman Morgan was not in attendance.
1.3 Pledge of Allegiance was led by Mayor Powell
1.4 Invocation
2.0 AWARDS & RECOGNITIONS:
2.1 None
3.0 PRESENTATIONS:
3.1 None
4.0 COMMISSION, COMMITTEE, AND OUTSIDE AGENCY REPORTS:
4.1 None
5.0 PUBLIC COMMENT:
Jim Mark, Shasta Lake resident
6.0 CONSENT AGENDA:
6.1 Minutes of the Regular Meeting of August 20, 2024.
6.2 Payrolls:
PE 8/17/2024 PD 8/23/2024 $166,957.30
6.3 Resolution CC-2024-62 accepting the Quarterly Cash and Investment Report for the period ending July 30, 2024.
6.4 Resolution CC-2024-63 approving a supplemental appropriation of $50,000.00 for the UC Davis All Animals Statewide Animal Shelter Program.
6.5 Resolution CC-2024-64 authorizing the City Manager to Execute a United States Department of Agriculture Forest Service Special Use Permit for the Centimudi Water Tank project.
6.6 Resolution CC-2024-65 authorizing the City Manager or designee to execute all documents for a Carbon Reduction Program Grant not to exceed $995,265 for the Shasta Dam Boulevard Complete Streets Project.
Motion/Vote:
Councilman Watkins requested items 6.5 and 6.6 be pulled from the Consent Agenda for discussion.
By motion made/seconded (Eisenbeisz/Watkins), and carried unanimously, items
6.1, 6.2, 6.3, and 6.4 of the Consent Agenda were approved.
Mayor Powell opened items 6.5 and 6.6 for discussion.
There was no Public Comment.
After discussion, a motion was made/seconded (Watkins/Eisenbeisz), and carried unanimously, items 6.5 and 6.6 of the Consent Agenda were approved.
7.0 PUBLIC HEARINGS:
7.1 Public Hearing to consider the first reading of an Ordinance repealing Chapter
13.12, Article V – Cross-Connections and Backflow Prevention.
Public Comment
There was no public comment on this item.
Motion/Vote:
By motion made/seconded (Watkins/Eisenbeisz), and carried unanimously, the item was passed for a second reading.
8.0 REGULAR AGENDA:
8.1 Resolution CC-2024-66 approving and adopting the Cross-Connection Control and Backflow Program.
Public Comment:
There was no public comment on this item.
Motion/Vote:
8 By motion made/seconded (Watkins/Eisenbeisz), and carried unanimously, the item was approved.
8.2 Resolution CC-2024-67 adopting a City Facility Naming Policy.
Public Comment:
Jim Mark, Shasta Lake resident
Motion/Vote:
By motion made/seconded (Eisenbeisz/Powell), and carried, the item was passed.
Councilman Jones voted opposed to the item.
8.3 Discussion and possible action to approve a Letter of Support for the Veterans Village Affordable Housing Project.
Public Comment:
There was no public comment on this item.
Motion/Vote:
Mayor Powell called for those in favor of the support letter. The vote to approve was unanimous.
8.4 Discussion and possible action to amend the Skateboard Park Project contract specification requirement that the contractor be experienced in building skateparks.
Public Comment:
Brian Harris, local skateboarder
Jason Daniels, local skateboarder
Ian Smart, local skateboarder
Cheryle Yednak, Shasta Lake resident
Mayor Powell allowed for additional comments to be made by public.
Additional Public Comment:
Brian Harris, local skateboarder
Ian Smart, local skateboarder
Jason Daniels, local skateboarder
Motion/Vote:
A motion was made/seconded (Eisenbeisz/Powell) to keep the bid requirements the same. Councilman Watkins and Councilman Jones voted opposed. The motion failed.
9 A motion was made/seconded (Watkins/Jones) to revise the bid requirements.
Mayor Powell called for a roll-call vote.
Councilwoman Eisenbeisz voted opposed.
Mayor Powell voted yes.
Councilman Jones voted yes.
Councilman Watkins voted yes.
The motion passed.
8.5 Discussion on the CDBG-MIT- Resilient Infrastructure program Notice of Award for the Raw Water Tank Project.
Public Comment:
There was no public comment on this item.
Motion/Vote:
There was no action required for this item.
9.0 STAFF COMMENTS:
There will be a field dedication ceremony on Lassen field at 5 PM on September 19th.
The 9/11 ceremony will be at the Fire Hall in Shasta Lake at 6 PM.
10.0 CITY COUNCIL COMMENTS AND REPORTS:
ADJOURNMENT:
With no further business, Mayor Powell adjourned the meeting at 8:14 PM. _________________________________
CHARITY TATLOW, Deputy City Clerk
10 CITY OF SHASTA LAKE
CITY COUNCIL MEETING MINUTES
MINUTES OF THE SPECIAL MEETING
HELD TUESDAY, SEPTEMBER 17, 2024, AT THE
CITY COUNCIL CHAMBERS, 4488 RED BLUFF ST, SHASTA LAKE, CALIFORNIA
1.0 CALL TO ORDER – REGULAR MEETING:
1.1 Mayor Powell convened the special meeting at 5:30 PM
1.2 Council Members present: Jones, Morgan, Powell
Councilwoman Eisenbeisz and Councilman Watkins were not in attendance.
2.0 CLOSED SESSION
PUBLIC COMMENT for agendized items only, the City Council will allocate up to a maximum of three minutes per speaker for each agenda item.
There was no public comment.
The City Council recessed to Closed Session to discuss the following item(s).
Reportable action, if any, will be announced at the next regular meeting.
2.1 Pursuant to California Government Code Section 54956.8, Real Property Discussion APN#: 005-690-020
Agency Designated Representatives: City Manager Jessaca Lugo; Electric Director James Takehara.
Motion/Vote:
No action was taken on this item.
ADJOURNMENT:
Mayor Powell adjourned the closed session meeting at 6:05 PM.
CHARITY TATLOW , Deputy City Clerk
11 CITY OF SHASTA LAKE
CITY COUNCIL MEETING MINUTES
MINUTES OF THE REGULAR MEETING
HELD TUESDAY, SEPTEMBER 17, 2024, AT THE
CITY COUNCIL CHAMBERS, 4488 RED BLUFF ST, SHASTA LAKE, CALIFORNIA
1.0 CALL TO ORDER – REGULAR MEETING:
1.1 Mayor Powell announced that the City Council had a Special Closed Session Meeting at 5:30 pm and there was no action taken.
1.2 Mayor Powell convened the regular meeting at 6:10 PM Councilwoman Eisenbeisz and Councilman Watkins were not in attendance.
1.3 Council Members present: Jones, Morgan, Powell
1.4 Pledge of Allegiance was led by Mayor Powell
1.5 Invocation
2.0 AWARDS & RECOGNITIONS:
2.1 None
3.0 PRESENTATIONS:
3.1 Lt. Rob Sandbloom, Office of Emergency Services, Shasta County Sheriff’s Office “Know your Zone” overview.
4.0 COMMISSION, COMMITTEE, AND OUTSIDE AGENCY REPORTS:
4.1 Anne Morningstar, Shasta Mosquito & Vector Control District, and Shasta Lake Fire Protection District.
5.0 PUBLIC COMMENT:
Tessa Barquez, Upstate Film Commission
Dolores Lucero, Shasta Lake resident
Genevieve Seely, Shasta Lake resident
Jim Mark, Shasta Lake resident
Nanci DeNayer, Shasta Lake resident
6.0 CONSENT AGENDA:
12 6.1 Payrolls:
PE 8/31/2024 PD 9/06/2024 $166,003.89
6.2 Monthly Report of Investment Transactions:
LAIF:
August $12,222,094.39
Chandler:
August $35,411,640.13
6.3 Amendment to Resolution CC-2023-20 authorizing the City Manager to execute and submit grant applications for Inflow and Infiltration Reduction Project.
6.4 Second reading of Ordinance CC-2024-305 repealing Chapter 13.12, Article V – Cross-Connections and Backflow Prevention.
Motion/Vote:
By motion made/seconded (Jones/Morgan), and carried unanimously, all Items on the Consent Agenda were approved.
7.0 PUBLIC HEARINGS:
7.1 None
8.0 REGULAR AGENDA:
8.1 Resolution CC-2024-68 amending the processing fee schedule for specified building permit applications.
Public Comment:
There was no public comment on this item.
Motion/Vote:
By motion made/seconded (Morgan/Jones), and carried unanimously, the item was approved.
Public Comment:
Christine, Shasta Lake resident
13 Motion/Vote:
After discussion, a motion was made/seconded (Morgan/Powell) and failed.
Councilman Jones voted opposed to the motion.
A motion was made by Councilman Jones to table the item. This motion did not receive a second. The motion failed.
No action was taken on this item.
9.0 STAFF COMMENTS:
Jessaca Lugo, City Manager, commented that Thursday would be the Lassen Field grand opening.
10.0 CITY COUNCIL COMMENTS AND REPORTS:
ADJOURNMENT:
With no further business, Mayor Powell adjourned the meeting at 7:38 pm. _________________________________
CHARITY TATLOW, Deputy City Clerk
14 CITY OF SHASTA LAKE
CITY COUNCIL MEETING MINUTES
MINUTES OF THE SPECIAL MEETING
HELD TUESDAY, OCTOBER 7, 2024, AT THE
CITY COUNCIL CHAMBERS, 4488 RED BLUFF ST, SHASTA LAKE, CALIFORNIA
1.0 CALL TO ORDER – REGULAR MEETING:
1.1 Mayor Powell convened the special meeting at 8:00 AM
1.2 Council Members present: Eisenbeisz, Jones, Morgan, Powell, Watkins
2.0 SPECIAL MEETING AGENDA:
2.1 Discussion and possible action regarding campaign practices for Councilmembers.
Public Comment:
Rose Smith, Shasta Lake resident
Gracious Palmer, Shasta Lake resident
Motion/Vote:
No action was taken on this item
Mayor Powell requested that the item be brought back on a future agenda.
3.0 PUBLIC COMMENT:
This time is set aside for citizens to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Special Meeting Agenda. If your comments concern an item noted on the special meeting agenda, please address the Council when that item is open for public comment. Each speaker is allocated three (3) minutes to speak. Speakers may not cede their time.
Comments should be limited to matters within the jurisdiction of the City. Council discussion or action cannot be taken on items not listed on the agenda other than to receive comments. Speaker forms are available from the City Clerk, 4477 Main Street, Shasta Lake, on the City’s website, or at the back of the meeting hall. If you have documents to present to members of Council, please provide a minimum of seven copies. Pursuant to The Brown Act, the City Council cannot take action on Public Comment Items.
4.0 CLOSED SESSION
The City Council will recess to Closed Session to discuss the following item(s).
Reportable action, if any, will be announced at the next regular meeting. 15 Agency Designated Representatives: City Attorney John Kenny; City Manager Jessaca Lugo; City Engineer Will Bond.
ADJOURNMENT:
Mayor Powell adjourned the closed session meeting at 8:43 AM. _________________________________
CHARITY TATLOW , Deputy City Clerk
16 9/18/2024 9:41:18 AM
Payroll Check Register
City of Shasta Lake Report Summary
Pay Period: 9/1/2024-9/14/2024
Packet: PYPKT00572 - PE 9.14.2024
Payroll Set: City of Shasta Lake - 01
Type
8 Count
0 5,349.75
0.00 Regular Checks
Manual Checks
0 0.00
0 0.00
Amount
80 160,314.83
Total 88 165,664.58
Reversals
Voided Checks
Direct Deposits
17 18
36 37
38 39
40 Report and Recommendations 6.7 Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Wendy Howard, Finance Director
Jason Peterson, Finance Manager
DATE: October 15, 2024
SUBJECT: INFORMATION ITEMS – Monthly Reports of Investment for the Periods Ending September 30, 2024
FILE NO.:
RECOMMENDATION:
Staff recommends that the City Council receive and file the Cash and Investment Report for September 2024.
BACKGROUND:
Pursuant to the City of Shasta Lake’s Adopted Investment Policy and Government Code Section 53607, the Finance Director will submit a report of investment transactions to the City Council monthly.
Staff requests the City Council or the public to submit questions regarding the reports prior to the City Council Meeting to permit time to research the question.
FISCAL IMPACTS:
There will be no fiscal impact as a result of this information item.
ATTACHMENTS:
LAIF Statement
Chandler Investment Summary Report
External Link: Monthly Investment Reports (Full Report) DISTRIBUTION:
City Council
City Attorney
41 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
October 03, 2024
LAIF Home
PMIA Average
Monthly Yields
CITY OF SHASTA LAKE
FINANCE DIRECTOR
4477 MAIN STREET
SHASTA LAKE, CA 96019
Account Number: 98-45-868
September 2024 Statement
Tran Type
Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
9/5/2024 9/5/2024 RD 1759180 1719698 JASON PETERSON 1,000,000.00 Account Summary
Total Deposit: 1,000,000.00 Beginning Balance: 12,222,094.39 Total Withdrawal: 0.00 Ending Balance: 13,222,094.39
42 MONTHLY ACCOUNT STATEMENT
City of Shasta Lake | Account #10203 | As of September 30, 2024 CHANDLER ASSET MANAGEMENT | chandlerasset.com
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement.
Chandler Team:
For questions about your account, please call (800) 317-4747, or contact [email protected]
Custodian:
First Clearing
43 CONFIDENTIAL | 2
City of Shasta Lake | Account #10203 | As of September 30, 2024 Execution Time: 10/02/2024 02:40:19 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
PORTFOLIO SUMMARY
Portfolio Characteristics
Sector Allocation
Performance Review
Account Summary
Maturity Distribution
Top Issuers
Credit Quality
Total Rate of Return 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS Since Inception (01/01/14)
0.79% 2.86% 4.43% 7.14% 5.05% 1.83% 1.83% 1.72% 1.71%
Benchmark Return* 0.80% 2.86% 4.14% 6.74% 4.58% 1.34% 1.51% 1.42% 1.37% Average Modified Duration 1.87
Average Coupon 3.24%
Average Purchase YTM 3.60%
Average Market YTM 4.03%
Average Quality AA
Average Final Maturity 2.19
Average Life 1.93
Beg. Values as of
09/01/2024
End Values as of
09/30/2024
Market Value 35,464,543.75 35,778,695.05
Accrued Interest 236,078.10 205,424.37
Total Market Value 35,700,621.85 35,984,119.43
Income Earned 83,804.91 123,844.81
Cont/WD (80.00) (60.00)
Par 35,640,203.75 35,794,275.97
Book Value 35,411,640.13 35,546,453.65
Cost Value 35,213,517.81 35,340,133.74
United States 38.52%
FHLMC 10.08%
Federal Home Loan Banks 9.92%
Farm Credit System 3.96%
American Express Credit Master Trust 2.07%
Bank of America Credit Card Trust 1.89%
FNMA 1.62%
Chase Issuance Trust 1.46%
*Periods over 1 year are annualized.
Benchmark: ICE BofA 1-3 Year US Treasury & Agency Index Secondary Benchmark:
*See Footnote
The credit quality is a weighted average calculation of the highest of S&P, Moody’s’ and Fitch 44 Report and Recommendations 6.8
Reviewed and Approved
_________________________
City Manager
AGENDA ITEM
City Council Meeting ___________________________________________________________________________ TO:
FROM:
DATE:
SUBJECT:
FILE NO.:
Mayor and City Council Members
Jessaca Lugo, City Manager
October 15, 2024
MOUNTAIN GATE MEADOWS, LLC DEVELOPMENT AGREEMENT
ANNUAL REVIEW
SD 11-01
RECOMMENDATION
Discussion and possible action to adopt a resolution finding that Mountain Gate Meadows, LLC, has complied in good faith with the terms and conditions of the Development Agreement (Agreement) between the City of Shasta Lake and Mountain Gate Meadows, LLC (Developer), relative to the development known as Mountain Gate at Shasta Subdivision (SD 11-01).
Government Code Section 65865.1 and Section 18 of the Agreement require the City to complete an annual review to determine good-faith compliance with the Agreement's terms and conditions.
BACKGROUND
The project site comprising of +/- 590 acres is
identified as Assessor’s Parcel Numbers APN:
007-400-037,052, 053, 054, 307-210-028, 031
through 037, 307-220-001 through 004, 307-240-
001, 307-380-001, 002, and 003, located generally
in the northeast section of the City of Shasta Lake,
On November 19, 2015, the Planning Commission
adopted Resolution PC 15-09 recommending to
the City Council approval of General Plan
45 Amendment GPA11-01, Rezone Z11-02, Tentative Subdivision Map SD11-01, the project development agreement, and certification of the project environmental impact report (EIR) for the Mountain Gate at Shasta Area Plan. On December 15, 2015, the City Council adopted Resolution CC 15-101, certifying the EIR; Resolution 15-102, approving the general plan amendment; and Resolution 15-103, approving the tentative map.
On January 5th, 2016, the City Council adopted Ordinance CC 16-246, approving a development agreement between the City and the Developer. The Agreement includes the following requirement(s):
ARTICLE 9 ANNUAL REVIEW
9.1 Review Date. The annual review date of this agreement (“the Review Date”), as required by the Development Agreement Law, shall be approximately (12) months from the effective date and every twelve months thereafter.
9.1 Procedures. The procedures for annual review shall be set forth in the Development Agreement Law.
Development agreement law requires local agencies to include at least an annual review of the project proponent’s compliance with the delineated responsibilities. The review must require the proponent to demonstrate good faith compliance with the terms of the agreement. If a local agency finds, based on substantial evidence, that such compliance has not occurred, the agency may modify or terminate the agreement.
The City Manager has determined that the Developer has complied in good faith with the terms and conditions of the Development Agreement. The Agreement does not include a timeline requiring completion of the project or specific milestones that must be met by certain dates.
Additionally, the Agreement specifically states that non-construction of the project is not grounds for making a finding of non-compliance. The Development Agreement is set to expire on May 26, 2041, 25 years from the effective date.
Current Status
In 2019, the developer submitted a large lot final map (FM) and requested a consistent finding from the city with the approved tentative map (TM). City staff coordinated with the developer until the proposed FM was consistent with the TM and encouraged them to record it. The developer took no action regarding the FM. See Attachment 2 for more information regarding the large lot maps.
In 2021 and 2022, the developer applied for two grading permits to effectuate the requirements of US Army Corp of Engineers and California Fish and Wildlife permits. Staff issued the permits, and related work was completed. See Attachment 3 for more information regarding the grading projects.
The city is currently working on constructing the southern portion of Wonderland Boulevard, between Cascade Boulevard and Grand Avenue, as part of the Cascade Village project. This work is being funded through the Affordable Housing and Sustainable Communities grant and will support the Mountain Gate at Shasta project by building approximately four million dollars worth of necessary infrastructure. For more information about the improvements to Wonderland Boulevard, please refer to Attachment 4.
46 The next steps for the project include recording the large lot final map and subsequent small lot maps.
None
ATTACHMENTS
ATTACHMENT 1: RESOLUTION CC-2024
ATTACHMENT 2: MOUNTAIN GATE MAPS
ATTACHMENT 3: MOUNTIAN GATE GRADING
ATTACHMENT 4: WONDERLAND BOULEVARD
DISTRIBUTION:
City Attorney
Senior Planner
47 Attachment 1: Resolution
48 RESOLUTION CC-2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE ACCEPTING
THE ANNUAL REVIEW OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF SHASTA LAKE AND MOUNTAIN GATE MEADOWS, LLC (DEVELOPER) AND
FINDING THAT DEVELOPER HAS COMPLIED IN GOOD FAITH WITH THE TERMS AND
CONDITIONS OF THE DEVELOPMENT AGREEMENT
WHEREAS, on January 5, 2016, City Council adopted Ordinance CC 16-246 approving a Development Agreement (Agreement) between the City of Shasta Lake and Mountain Gate Meadows, LLC (Developer), for that development known as Mountain Gate at Shasta Subdivision (SD 11-01); and
WHEREAS, Government Code Section 65865.1 and Article 9 of the Agreement require the City to complete an annual review to determine good-faith compliance with the terms and conditions of the Agreement; and
WHEREAS, the City Manager has determined the Developer has complied in good faith with the terms and conditions of the Development Agreement. The Agreement does not include a timeline requiring completion of the project or specific milestones that must be met by certain dates. In addition, Article 9 of the Agreement states, “The annual review date of this agreement (“the Review Date”), as required by the Development Agreement Law, shall be approximately (12) months from the effective date and every twelve months thereafter.” NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shasta Lake hereby accepts the annual review of the Development Agreement between the City of Shasta Lake and Mountain Gate Meadows, LLC, for that development known as Mountain Gate at Shasta Subdivision pursuant to Government Code Section 65865.1 and Article 9 of the Agreement and has determined Developer has complied in good faith with the terms and conditions of the Agreement.
PASSED, APPROVED, AND ADOPTED this 15
th day of October 2024 by the following vote:
AYES:
NOES:
ABSENT:
_________________________________
JANICE POWELL, Mayor
ATTEST:
________________________________
CHARITY TATLOW, Deputy City Clerk
49 Attachment 2: Mountain Gate Maps
50 51
Proposed Large Lot Map
Attachment 3: Mountain Gate Grading
53 54
55 Attachment 4: Wonderland Boulevard
56 No. Revisions Date By App. Designed By: Drawn By: Checked By:
Sheet of
Date:
Scale:CITY OF SHASTA LAKE Public Works Department 4477 Main Street, Shasta Lake, CA 96019 (530) 275-7400 ph (530) 275-7462 fax XX
8/30/2024 ITS ITS MFD COSL COMMERCIAL CENTER SR2S BID NO. 20XX-XX Approved: City Engineer RCE # 69476 23159b-CDs.dwg Civil Engineering • Land Planning • Surveying & Mapping Landscape Architecture • Presentation Graphics 320 Hartnell Avenue, Redding, CA 96002 530.221.1792 voice [email protected] S
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57 58
Report and Recommendations 7.1
Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Whitney Zeller, Community and Economic Development Manager
DATE: October 15, 2024
SUBJECT: PUBLIC HEARING – APPLICATION SUBMITTAL FOR FISCAL YEAR 2024 NOTICE OF FUNDING AVAILABILITY – STATE OF CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
FILE NO.: NEW FILE (under G-100)
RECOMMENDATION:
Staff recommends the City Council:
1. Hold a public hearing to solicit public input for the 2024 Notice of Funding Availability (NOFA) State of California Community Development Block Grant Allocation.
2. Approve a resolution authorizing the City Manager, or designee, to submit an application for funding and the execution of a grant agreement and any amendments thereto from the 2024 funding year of the State CDBG Program, not to exceed $3,600,000.
BACKGROUND
On August 30, 2024, The California Department of Housing and Community Development (HCD) released the Community Development Block Grant (CDBG) Program 2024 Notice of Funding Availability (NOFA). The NOFA made available approximately $34 million in federal funds for Housing, Community Development, and Economic Development projects and programs. Under this program, funds are provided as grants to Non-Entitlement Units of General Local Government.
Eligible jurisdictions may submit applications for CDBG funds under the NOFA for up to three activities, for a total maximum amount of up to $3.6 million. There are two application processes available through the 2024 CDBG NOFA, as follows:
59 Competitive Application Process
- Up to $300,000 available per application
- Eligible activities include Planning and Public Service - Applications due by December 30, 2024
Over-The-Counter Application Process
- Up to $1,500,000 available for Housing Programs and Economic Development Programs
- Up to $3,300,000 available for Projects, including Public Facilities and Public Improvement projects.
- All construction projects must demonstrate readiness at the time of application, including bid-ready plans and specs.
- Applications open October 29, 2024 and close when funds are exhausted or December 30, 2024, whichever comes first.
The Maximum number of applications a jurisdiction can apply for under the 2024 NOFA are as follows:
- 1 OTC Project + 1 OTC Program + 1 Competitive -OR-
- 1 OTC Project + 2 Competitive -OR-
- 1 OTC Program + 2 Competitive.
**2 OTC Project, 2 OTC Program, or 3 Competitive applications are NOT allowed.
All CDBG activities must meet one of the following National Objectives:
• Benefit low- and moderate-income persons
• Aid in the prevention or elimination of slums and blight • Meet certain urgent community needs
The objectives of the CDBG program are to develop viable communities by the provision of decent affordable housing, a suitable living environment, and to expand economic opportunities, principally for the benefit of Low- and Moderate-Income (LMI) persons, families, households, and neighborhoods, defined as those at or below 80% of the area median income. Currently, the median income for Shasta County is $89,800 (family of 4). As a Non-Entitlement jurisdiction, the city of Shasta Lake is eligible to apply for qualified activities under the NOFA.
As part of the application process, the City must show compliance with Housing Element requirements. The City’s Housing Element was adopted in August 2020 and is compliant through 2028. Needs outlined in the Housing Element are as follows:
- Broad range of housing types for all residents
- Construction and maintenance of quality affordable housing - Maintenance and rehabilitation of the existing housing stock - Adequate infrastructure and services for residential development - Energy efficient improvements and appropriate weatherization for all new and existing housing units
- Safe and sanitary housing and quality living environment for all residents, without discrimination
60 Project Details
The City of Shasta Lake anticipates submitting one OTC project application for the Force Main Replacement, and one competitive application for a City Parks and Recreation Master Plan.
Force Main Replacement Project
The City owns, operates, and maintains the wastewater collection system, which consists of approximately 58 miles of gravity mains and force mains, which convey the flow from connected units to the Shasta Lake Wastewater Treatment Plant. In 2016, the City completed a Wastewater Master Plan (WWMP) which evaluated the City’s wastewater system and recommended capacity improvements necessary to service the needs of existing users and future growth in the City. The WWMP identified the force main replacement project as an improvement necessary to mitigate deficiencies, as the existing infrastructure is at capacity and could result in loss of wastewater service to residents if the system were to fail. This project would replace and realign the force mains between Lift Station 3 (located at the intersection of Cascade Boulevard and Autumn Harvest Way) and Lift Station 5 (located westerly near the intersection of Cascade Boulevard and Pine Grove Avenue) and the wastewater treatment plant, respectively. The existing 10-inch force main from Lift Station 3 would be replaced with a new 12-inch force main, and the existing 14-inch force main from Lift Station 5 would be replaced with a new 18-inch force main. 100% design documents were completed by Pace Engineering in 2019 and a CEQA environmental review was completed in 2019 by Enplan, resulting in an Initial Study and Mitigated Negative Declaration, as well as a Mitigation Monitoring and Reporting Program. The Force Main Replacement Project was identified in the WWMP to be completed by Fiscal Year 2025. The project would service Basins 2, 3, and 5, which include approximately 9,278 individuals, of which 5,225 (56%) are considered low-to-moderate income. The total project cost is estimated at $7,414,000. The City currently has $4,114,000 of wastewater capital improvement funds available for the project, with a funding gap of $3,300,000. If awarded 2024 CDBG funds of $3,300,000, this would allow the City to avoid the possibility of passing on the funding deficit to ratepayers. If 2024 CDBG funds are awarded, the project would need to be initiated within 60 days of contract execution and is estimated to take 12 months to complete construction.
Parks and Recreation Master Plan
The City completed a Parks System Master Plan in 2005, assessing the need for recreation facilities and a strategy for meeting those needs. Over the past two decades, the City has grown and evolved. New park facilities such as the Shasta Lake Dog Park have emerged, the Civic Center Campus was established as a hub for the community, and our General Plan was updated, highlighting the community’s vision and priorities.
The Parks and Recreation Master Plan would evaluate existing conditions of the City’s Parks and Recreation system, work with the community to identify gaps, and produce a plan to accomplish the vision of the community. The City would like to apply for 2024 CDBG funding not to exceed $300,000 to complete the new Parks and Recreation Master Plan. The project would be 100% grant-funded and is estimated to take 18 months to complete. The plan would serve the entire community of Shasta Lake (approximately 10,164 residents, of which 74% are considered low-to-moderate income).
61 More information on the CDBG Program can be found at:
FISCAL IMPACT
If funding is awarded, a supplemental appropriation to the budget will be brought to the City Council for review and approval.
Force Main Replacement Proposed Funding ($7,414,000 Total) Source Amount
Wastewater Capital Improvement Funds $4,114,000
2024 CDBG OTC Program $3,300,000
Parks and Recreation Master Plan Proposed Funding ($300,000 Total) Source Amount
2024 CDBG Competitive Program $300,000
ATTACHMENTS
Force Main Replacement Project Map and Collection Basins Resolution CC-2024-XX
DISTRIBUTION
City Council
62 Department of Housing and Community Development
Resolution Form Revised 7/23/2024 2024 CDBG NOFA
Resolution of the Governing Body
RESOLUTION NO. Insert Number
A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE
EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS
THERETO FROM THE 2024 FUNDING YEAR OF THE STATE CDBG
PROGRAM
BE IT RESOLVED by the City Council of the City of Shasta Lake as follows:
SECTION 1:
The City Council has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, not to exceed, of $3,600,000 for the following CDBG activities, pursuant to the and 2024 CDBG NOFA:
List activities and amounts
Activity (e.g. Public Services,
Infrastructure, etc.)
Dollar Amount Being Requested for the
Activity
Water/Sewer Improvements $ 3,300,000
Planning $ 300,000
$
$
$
SECTION 2:
The City Council hereby approves the use of Program Income in an amount not to exceed $0 for the CDBG activities described in Section 1.
SECTION 3:
The City Council acknowledges compliance with all state and federal public participation requirements in the development of its application(s).
SECTION 4:
The City Council hereby authorizes and directs the City Manager or designee*, to execute and deliver all applications and act on the City’s behalf in all matters pertaining to all such applications.
SECTION 5:
If an application is approved, the City Manager or designee*, is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement), any recordable or 63 nonrecordable contract documents, and any and all subsequent amendments thereto with the State of California for the purposes of the grant.
SECTION 6:
If an application is approved, the City Manager or designee*, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Shasta Lake held on 10/15/2024 by the following vote:
AYES: Enter # of votes or names
NOES: Enter # of votes or names
ABSENT: Enter # absentees or names
ABSTAIN: Enter # of abstains or names
Janice Powell, Mayor
City Council
STATE OF CALIFORNIA
City of Shasta Lake
I, Charity Tatlow, Deputy City Clerk of the City of Shasta Lake, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 15th day of October, 2024 and that said resolution has not been amended, modified, repealed, or rescinded since its date of adoption and is in full force and effect as of the date hereof.
Charity Tatlow, Deputy City Clerk of the City of Shasta Lake, State of California
______________________________________
By: Charity Tatlow, Deputy City Clerk
64 4;L
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WWTP
Salt Creek
Churn Creek
Lift Station #3
Lift Station #5
Wastewater
Treatment Plant
Install 12" & 18"
Force Main
Install 12"
Force Main
PINE GROVE AVE
TRINITY ST
AVINGTON WAY
SMITH AVE
RISSTAY WAY
AUTUMN HARVEST WAY
WANDSWORTH DR
ASHBY RD
IMPRESSION WAY
TIBBITTS RD
JORZACK WAY
SMITH AVE
10''PVC
CASCADE BLVD
18''PVC
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I MAP PRODUCED:
OCTOBER 3, 2024
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FIGURE 1 - LOCATION MAP
FORCE MAIN REPLACEMENT PROJECT
WASTEWATER SYSTEM
CITY OF SHASTA LAKE
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Proposed Force Main
Existing Force Main
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To Be Abandoned
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65 66
CITY OF SHASTA LAKE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Shasta Lake, California will hold a public hearing at the City of Shasta Lake Council Chambers, 4488 Red Bluff Street, Shasta Lake, California, on Tuesday, October 15, 2024, with the session commencing at 6:00 P.M., or as soon thereafter as possible, to discuss possible application for funding under the 2024 funding year of the State Community Development Block Grant (CDBG) Program and to solicit public input on possible activities to be included in the application.
The purpose of the public hearing is to give the public an opportunity to make their comments known regarding what types of eligible activities the City of Shasta Lake should apply for under the State CDBG Program.
Information regarding the 2024 CDBG Notice of Funding Availability (NOFA), including funding amounts and eligible activities, can be found at https://www.hcd.ca.gov/grants-and-funding/programs-active/communitydevelopment-block-grant The City of Shasta Lake does not discriminate on the basis of race, color, ancestry/national origin, religion, sex, familial status, disability, age, sexual orientation, gender identity, use of service or support animals, citizenship/immigration status, primary language, source of income, military or Veteran status, genetic information, or medical condition. If you require specific accommodations to participate in the public hearing, please contact the City Clerk prior to the scheduled hearing at [email protected] or 530-275-7407
Published and Posted: October 4, 2024
Published: www.cityofshastalake.org
Record Searchlight
US Postal Service, Main Street
US Postal Service, Summit City
City Hall – 4477 Main Street, Shasta Lake, CA
67 68
PO BOX 777 | 4477 Main Street
Shasta Lake, CA 96019
(530) 275-7400
www.cityofshastalake.org
October 15, 2024
Joe Chimenti Electronic Submission: [email protected] Director, Community Development
Emergent – 3D
Redding, CA 96001
Re: Visions of the Cross Campus Expansion – Letter of Support On behalf of the City of Shasta Lake, I am writing to express our support for the expansion of the Visions of the Cross Residential Recovery Campus. For over a decade, Visions of the Cross (VOTC, Inc.) has been a reliable provider of faith-based therapeutic recovery services in Northern California. With a focus on substance use disorder (SUD) treatment and recovery, VOTC has consistently evolved to address the growing and diverse needs of vulnerable populations in the area.
The proposed expansion of the Residential Recovery Campus will strengthen the current residential treatment framework by increasing the number of treatment beds and establishing an on-site mental health department. This facility will offer services to individuals of all ages, including youth, adolescents, and adults. The expansion will specifically cater to vulnerable groups such as pregnant women, families, and individuals transitioning back into society from incarceration. To provide comprehensive care, the expanded campus will offer wraparound support services, including job training, life skills education, parenting programs, and housing navigation assistance. Currently, VOTC serves approximately 950 clients annually, and this expansion is expected to increase that number by 500 (50%), bringing the total to 1,450 clients.
We also recognize that the project will utilize local labor at prevailing wages, creating career opportunities for individuals in the construction trades, including those transitioning out of the residential program.
The services offered by VOTC are vital to the well-being of our community. Their mission aligns with the objectives of the Bond BHCIP Round 1 grant and addresses significant capacity shortages and service gaps in SUD treatment and mental health care. I strongly urge BHCIP to grant the requested funds to VOTC.
Very truly yours,
CITY OF SHASTA LAKE
JANICE POWELL
Mayor
69 70
Report and Recommendations 8.2 Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Jessaca Lugo, City Manager
DATE: October 15, 2024
SUBJECT: RESOLUTION AUTHORIZING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND COUNTY OF
SHASTA FOR THE PURPOSE OF ACKNOWLEDGING THE
COUNTY'S USE OF CDBG PROGRAM INCOME WITHIN THE
CITY LIMITS
FILE NO.:
RECOMMENDATION
Staff requests that the City Council consider a Memorandum of Understanding (“MOU”) between the County of Shasta (“County”) to expand the Owner-Occupied Homeowner Rehabilitation Program services area to include the City of Shasta Lake (“City”).
BACKGROUND
The City’s Owner-Occupied Rehabilitation (OOR) program has been on hold since the summer of 2023 due to the exhaustion of available funding. The OOR program is designed to assist low- to moderate-income homeowners in making necessary repairs or improvements to their homes, ensuring that residents can live in safe and habitable conditions by providing financial or technical support for home rehabilitation projects.
Typically, the City relies on funding from the State of California Housing and Community Development to operate the OOR program. This program requires staff to administer application processing, conduct home inspections mandated by the funding source, hire contractors, manage contractor payments, and oversee project and program completion.
In years when City staffing levels are insufficient to support OOR, the City has been fortunate to partner with the County to administer the program. Since 2023, the City has been in discussions with the County to extend the County’s OOR program to the City of 71 Shasta Lake. As a result of these discussions, the County was able to secure funding to serve our community.
The attached Memorandum of Understanding (MOU) allows the County to administer the OOR program within the City of Shasta Lake at no cost to either the City or the County.
The City will refer residents in need of home repairs to the program, and the County will work with these residents to assist them in the application process. The City has experienced success with this partnership, and there is no downside to continuing to allow the County to offer this program to our residents.
FISCAL IMPACTS:
No Fiscal Impact
ATTACHMENTS
Resolution CC-2024-
Memorandum of Understanding
DISTRIBUTION
City Attorney
Community and Economic Development Manager
72 RESOLUTION CC 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE
AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
AND COUNTY OF SHASTA FOR THE PURPOSE OF ACKNOWLEDGING THE
COUNTY'S USE OF CDBG PROGRAM INCOME WITHIN THE CITY LIMITS AND
EXPANDING THE OWNER-OCCUPIED HOME REHABILITATION PROGRAM
SERVICE AREA TO INCLUDE THE CITY OF SHASTA LAKE
WHEREAS, the County of Shasta ("County") will operate the Owner-Occupied Rehabilitation Program ("Program") within the City limits of Shasta Lake; and WHEREAS, the City of Shasta Lake acknowledges and approves the County's operation of the Program within its City limits; and
WHEREAS, both the County and the City agree not to administer competing CDBG programs within the City limits; and
WHEREAS, the County's activity delivery is limited to low-to-moderate-income households earning up to 80% of the Area Median Income; and WHEREAS, low-to-moderate-income households, whether residing in the County or the City, are eligible for services provided by both entities; and WHEREAS, the City of Shasta Lake is under no obligation to contribute funds toward the County’s Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shasta Lake hereby:
1. Acknowledges and appreciates the County of Shasta's expansion of the Housing Rehabilitation Program to include the City of Shasta Lake.
3. Understand that there will be no exchange or receipt of payment between either Party in relation to this MOU, with the mutual consideration being the performance of the rights, duties, and obligations outlined herein.
4. Authorizes the City Manager to execute all necessary documents pertaining to this agreement.
PASSED, APPROVED, AND ADOPTED this 15th day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
73 JANICE POWELL, Mayor
ATTEST:
CHARITY TATLOW, Deputy City Clerk
74 MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) is entered into between the County of Shasta, a political subdivision of the State of California, through its Health and Human Services Agency (“County”), and City of Shasta Lake, a municipal corporation (“City”) (collectively, the “Parties” and individually a “Party”), for the purpose of acknowledgement that the County of Shasta will be spending CDBG Program Income (“Program”) in the City limits and will expand the Owner Occupied Homeowner Rehabilitation Program services area to include the City.
RECITALS
WHEREAS, County will operate the Program inside the City limits of Shasta Lake; and WHEREAS, City acknowledges and agrees to the County operating the Program in the City limits; and
WHEREAS, County and City agree not to administer competing CDBG programs inside the city limits; and
WHEREAS, County’s activity delivery is restricted to Low Moderate Income households earning up to 80% Area Median Income; and
WHEREAS, Low Moderate Income households may be residents of both County and City, and entitled to services provided by County and City.
NOW THEREFORE, in consideration of the promises and of the mutual covenants and conditions set forth in this MOU, County and City agree as follows:
Section 1. RESPONSIBILITIES OF CITY
Pursuant to the term and conditions of this MOU, City shall:
A. Notify County in writing if City intends to apply for CDBG Program Income funding to operate a similar or competing program in its jurisdiction.
Section 2. RESPONSIBILITIES OF COUNTY
Pursuant to the terms and conditions of this MOU, County shall:
A. Administer, and market the Program to low-income owner-occupied homeowners needing housing rehabilitation inside the City limits.
C. Submit supporting documentation to City, as necessary.
NO WITHHOLDING
75 D. Cease operation of its program inside the city limits, upon written request from the City.
Section 3. COMPENSATION
There will be no exchange and/or receipt of payment from either Party to the other Party pursuant to this MOU. The consideration for performance of this MOU is the performance of the rights, duties, and obligations set forth in this MOU.
Section 4. TERM OF MOU
This MOU shall commence as of the last date it has been signed by all Parties and shall end February 14, 2027.
Section 5. TERMINATION OF MOU
A. Either Party may terminate this MOU without cause on 30 days written notice to the other Party.
B. County may terminate this MOU immediately upon oral notice should funding cease or be materially decreased during the term of this MOU.
C. Either Party may terminate this MOU immediately upon oral notice should either Party be unable to comply with the obligations of this MOU due to any material cause which is beyond the reasonable control of said Party, including, but not limited to: fire, explosion, power outages, strikes or labor disputes, acts of God, civil disturbances, acts of civil or military authorities, acts of terrorism, fuel or energy shortages, acts and/or omissions by third party communications carriers, or any other cause beyond Party’s control.
D. County’s right to terminate this MOU may be exercised by County Executive Officer or their designee, County’s HHSA Director or any HHSA Branch Director designated by the HHSA Director. City’s right to terminate this MOU may be exercised by the City Manager or their designee.
Section 6. ENTIRE AGREEMENT; AMENDMENTS; HEADINGS;
EXHIBITS/APPENDICES
A. This MOU supersedes all previous MOUs relating to the subject of this MOU and constitutes the entire understanding of the Parties hereto.
B. No changes, amendments, or alterations to this MOU shall be effective unless in writing and signed by both Parties. However, minor amendments, including retroactive, that do not result in a substantial or functional change to the original intent of this MOU and do not cause an increase to the maximum amount payable under this MOU may be agreed to in writing between Consultant and the HHSA 76 Director or any HHSA Branch Director designated by the HHSA Director, provided that the amendment is in substantially the same format as the County’s standard format amendment contained in Administrative Policy 6-101, Shasta County Contracts Manual.
C. The headings that appear in this MOU are for reference purposes only and shall not affect the meaning or construction of this MOU.
D. If any ambiguity, inconsistency, or conflict exists or arises between the provisions of this MOU and the provisions of any of this MOU’s exhibits or appendices, the provisions of this MOU shall govern.
Section 7. INDEMNIFICATION
Each Party shall defend, indemnify, and hold the other Party, its officials, officers, employees, agents, and volunteers, harmless from and against any and all liability, loss, expenses (including reasonable attorney's fees), or claims for injury or damage arising out of the performance of this agreement, but only in proportion to and to the extent such liability, loss, expenses (including reasonable attorney's fees), or claims for injury or damage are caused by or result from the negligent or intentional acts or omissions of the indemnifying Party, its officials, officers, employees, agents, subcontractors, or volunteers.
Section 8. INSURANCE REQUIREMENTS
A. Each Party, prior to commencing its responsibilities in this MOU, shall provide to the other Party a certificate of self-insurance which shall be approved by the other Party’s Risk Manager.
B. Each Party understands, acknowledges, and agrees that both Parties are self-insured with respect to their automobile and general liability exposures and shall remain self-insured throughout the term of this agreement.
Section 9. NOTICE OF CLAIM; APPLICABLE LAW; VENUE
A. If any claim for damages is filed with either Party or if any lawsuit is instituted concerning either Party’s performance under this MOU and that in any way, directly or indirectly, contingently or otherwise, affects or might reasonably affect County, Consultant shall give prompt and timely notice thereof to other Party.
Notice shall be prompt and timely if given within 30 days following the date of receipt of a claim or 10 days following the date of service of process of a lawsuit.
This provision shall survive the termination, expiration, or cancellation of this MOU.
B. Any dispute between the Parties, and the interpretation of this MOU, shall be governed by the laws of the State of California. Any litigation shall be venued in Shasta County.
77 Section 10. COMPLIANCE WITH LAWS; NON-DISCRIMINATION A. Both Parties shall observe and comply with all applicable present and future federal laws, state laws, local laws, codes, rules, regulations, and/or orders that relate to the work or services to be provided pursuant to this MOU.
B. Both Parties shall not unlawfully discriminate in employment practices or in the delivery of services on the basis of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, medical condition (including cancer, HIV, and AIDS) physical or mental disability, use of family care leave under either the Family & Medical Leave Act or the California Family Rights Act, or on the basis of any other status or conduct protected by law.
C. City represents that City is in compliance with and agrees that it shall continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. sections 12101, et seq.), the Fair Employment and Housing Act (Government Code sections 12900, et seq.), and regulations and guidelines issued pursuant thereto.
D. In addition to any other provisions of this MOU, both Parties shall be solely responsible for any and all damages caused, and/or penalties levied, as the result of their noncompliance with the provisions of this section.
Section 11. ACCESS TO RECORDS; RECORDS RETENTION
County, federal, and state officials shall have access to any books, documents, papers, and records of both Parties that are directly pertinent to the subject matter of this MOU for the purpose of auditing or examining the activities of either Party. Except where longer retention is required by federal or state law, both Parties shall maintain all records for five years after County makes final payment hereunder. This provision shall survive the termination, expiration, or cancellation of this MOU.
Section 12. CONFLICTS OF INTEREST
Parties’ officers and employees shall not have a financial interest, or acquire any financial interest, direct or indirect, in any business, property, or source of income that could be financially affected by or otherwise conflict in any manner or degree with the performance of the work or services required under this agreement.
Section 13. NOTICES
A. Any notices required or permitted pursuant to the terms and provisions of this MOU shall be given to the appropriate Party at the address specified below or at such other address as the Party shall specify in writing. Such notice shall be deemed given: (1) upon personal delivery; or (2) if sent by first class mail, postage prepaid, two days after the date of mailing.
78 If to County: Branch Director
HHSA Economic Mobility Branch
Attn: Contracts Unit
2600 Park Marina Drive
Redding, CA 96001
Phone: 530-245-6403
If to City: City Manager
City of Shasta Lake
4477 Main Street
Shasta Lake, CA 96019
Phone: 530-275-7464
B. Any oral notice authorized by this MOU shall be given to the persons specified in Section 12.A. and shall be deemed to be effective immediately.
C. Unless otherwise stated in this MOU, any written or oral notices on behalf of the County as provided for in this MOU may be executed and/or exercised by the County Executive Officer or their designee.
Section 14. AGREEMENT PREPARATION
It is agreed and understood by the Parties that this MOU has been arrived at through negotiation and that neither Party is to be deemed the Party which created any uncertainty in this MOU within the meaning of section 1654 of the Civil Code.
Section 15. SEVERABILITY
If any portion of this MOU or application thereof to any person or circumstance is declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal or state statute or regulation or County ordinance, the remaining provisions of this MOU, or the application thereof, shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this MOU are severable.
Section 16. COUNTERPARTS/ELECTRONIC, FACSIMILE, AND PDF SIGNATURES This MOU may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Party of this MOU agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (“CUETA”) Cal. Civ.
Code §§ 1633.1 to 1633.17), for executing this MOU. The Parties further agree that the electronic signatures of the Parties included in this MOU are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use 79 of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (h) of Section 1633.2 of the Civil Code. Facsimile signatures or signatures transmitted via pdf document shall be treated as originals for all purposes. 80
CDB Number-2050-30-2024-01
cc: 59606
IN WITNESS WHEREOF, County and Consultant have executed this MOU on the dates set forth below. By their signatures below, each signatory represents that they have the authority to execute this MOU and to bind the Party on whose behalf their execution is made.
COUNTY OF SHASTA
By: _____________________________ Date:
Dwayne Green
Branch Director
Approved as to form:
JOSEPH F. LARMOUR
County Counsel
By: _______________________________ Date:
Cedar Vaughan
Deputy County Counsel III
By: ______________________________ Date:
Dolyene Lane
Risk Manager
City
By: ______________________________ Date:
Name: ___________________________ Title: _________________________ 81 82
Report and Recommendations 8.3 Reviewed and Approved
City Manager
AGENDA ITEM
City Council
FROM: James Takehara, Electric Utility Director
DATE: October 15, 2024
SUBJECT: RENEWABLE PORTFOLIO STANDARD ENFORCEMENT PROGRAM STATUS FOR COMPLIANCE PERIOD 4 (2021-2024)
FILE NO.:
RECOMMENDATION:
Staff recommends the City Council adopt a resolution accepting the report regarding the City’s Renewable Portfolio Standard Enforcement Program status for Compliance Period 4 (2021-2024).
BACKGROUND
On December 15, 2020, the City Council adopted Resolution CC-20-89, which approved and adopted legally mandated revisions to the City’s “Renewable Portfolio Standards (“RPS”) Enforcement Program” and “Renewable Energy Resources Procurement Plan,” effective January 1, 20211. As the governing board of the City’s electric utility, a publicly owned electric utility (“POU”), the City Council in responsible for overseeing the Electric utility’s compliance on this matter. Additionally, the California Energy Commission (“CEC”) oversees compliance activities of the state’s POUs and ultimately determines compliance and enforcement.
Generally, this set of law requires the electric utility to purchase an increasing amount of “renewable energy,” as defined by the State, as a percentage of its retail customers’ enduse consumption. It measures compliance in multi-year “compliance periods” (“CP”). This report focuses on CP4, or calendar years 2021-2024. The primary legal mandate and granular sub-requirements are as follows:
1 Both documents, with the accompanying staff report and resolution, can be found here:
https://cityofshastalake.org/DocumentCenter/View/2906
83 RPS Enforcement Program – General Elements
A. By the end of CP4, the City must purchase RPS products of at least 44% of Customers’ end-use needs.
B. The City must show “reasonable progress” as it increases to 44%. This is done in a straight line from the prior CP’s mandate (i.e., 33% by 2020) to the current CP’s mandate (i.e., 44% by 2024). Therefore, the individual procurement target percentages are 35.75%, 38.50%, 41.25%, and 44.00% of calendar years 2021, 2022, 2023, and 2024, respectively.
C. City must abide by locational and commodity constraints, by category. i. Category 1: At least 75% of total RPS procurement must be from in-state resources that includes both electricity output and the renewable energy credit2 (“RECs”).
ii. Category 2: City may use “firmed and shaped” energy sources from out of state. These are rare, are limited, and the City does not have any products of this Category under contract. Therefore, Category 2 will not be discussed further.
iii. Category 3: Not more than 10% can be sourced from resources that do not meet either of the above criteria.
D. At least 75% of all RPS procurement must be from contracts with duration 10 years or longer. This is referred to as the Long-Term Requirement (“LTR”).
In addition to the above, the City Council’s adopted Enforcement Plan and Procurement Plan incorporate other provisions relevant to this status update, namely, “optional compliance mechanisms” that allow for utilities to still maintain full compliance with State law, under narrowly defined contingencies. That is, if a utility is unable to procure 44% RPS-eligible supply by the end of CP4, that utility may in fact still be 100% compliant with the State’s RPS mandates, provided that the reasons for the shortfall are covered by the “optional compliance mechanisms.”
STATUS UPDATE – COMPLIANCE PERIOD 4 (2021-2024):
The City has built a partial RPS portfolio for CP4. Staff was able to maximize the use of resources that meet the conditions of Item C, above, which fulfills approximately 35% of the total RPS procurement requirement. That is, staff purchased as much RPS-eligible product allowed under “short-term” contracts (i.e., 35% of the total need), and the blend of these resources under the “categories” meets the balancing requirements described in Item C.(i-iii). However, the remaining 65% of the total RPS procurement requirement must 2 A Renewable Energy Credit (REC) is essentially a certificate that shows 1,000 kWh of electricity was produced from a certified renewable energy resource. These are used when validating compliance activity, much the same way receipts are used to substantiate expenses on one’s tax return. 84 meet the new LTR constraint (Item D). Staff was unable to source any LTR resources with product deliveries in CP4.
Section 8 of the City’s RPS Enforcement Program requires Staff to inform the City Council if the City will not meet the requirements of its program. This staff report serves as that notice. Moreover, the Enforcement Program requires Staff to present a plan to bring the City into compliance, which is presented next.
ROADMAP TO COMPLIANCE
For CP4, Staff recommends maximizing procurement of qualified RPS resources, and the use of optional compliance mechanisms, where appropriate. As noted earlier, the applicability of the optional compliance mechanisms is analyzed below.
For subsequent CPs (i.e., 2025 and beyond), it appears the City will reach full compliance without the use of optional compliance mechanisms, as CP5 has been fully satisfied, and procurement for CP6 and beyond is underway.
• On February 15, 2022, the City Council adopted Resolution CC-2022-26 that approved a long-term contract for RPS products from 2025-2034. The quantity under contract for CP5 (2025-2027) is expected to fully meet legal mandates in this period.
• This same contract included a portion of the resources for CP6 and CP7. However, additional resources are needed. To close this gap, staff is working with Northern California Power Agency (“NCPA”), Balancing Authority of Northern California (“BANC”), is conducting its own individual procurement efforts for these longerterm needs, and staff is actively evaluating several potential resources. These efforts have produced the result in the next bullet item. • On July 2, 2024, City Council adopted Resolution CC-2024-55 approving the Third Phase Agreement with NCPA for the purchase of 10% of the “Grace Orchard Solar Project,” which is expected to satisfy 8% of the City’s RPS-needs for CP6 and future CPs.
• Also through NCPA, City is seeking to develop distributed generation within the City’s boundaries. Responses to public solicitations have been received and staff is working on contract language for City Council’s consideration to proceed with feasibility analysis on the project site.
OPTIONAL COMPLIANCE MECHANISMS – ANALYSIS
In order to invoke optional compliance mechanisms, certain prerequisites must be satisfied. Below is a listing of each prerequisite and staff’s analysis. It appears all prerequisites are satisfied. Therefore, it appears the City is well-positioned to reach full compliance with CP4 mandates through a combination of its actual procurement and optional compliance mechanisms.
In the excerpts below, italicized text is the language for the relevant optional compliance mechanism from the City’s Renewable Energy Resources Procurement Plan, specifically Section 9.A, “Waiver of Timely Compliance.” Each italicized numbered item (1-5) are the 85 prerequisites of this specific optional compliance mechanism. Staff’s analyses are shown below each numbered item as lower-case letters (a, b, c, and so on) describing the actions and circumstances that fulfills each prerequisite.
Waiver of Timely Compliance: Enforcement of timely compliance with minimum procurement quantities…shall be waived if City demonstrates…there is insufficient supply of [RPS products] available to the City. In making its findings…City’s deliberations shall include [numbered items 1-5]:
1. Whether City prudently managed portfolio risks, including [a] sufficient number of viable projects;
a. City of Shasta Lake is a relatively small City whose collective electricity usage amounts to less than eight hundredths of a percent (i.e., < 0.08%) of California’s annual electricity consumption. It is not feasible for Shasta Lake, as a 38 megawatt utility, to contract directly with multiple viable projects to create a supply buffer in case of emergency, as any one such viable project tend to be exceedingly large (e.g., 1,000 MW projects). Any one such project would greatly exceed the City’s RPS needs, and total portfolio needs, and would be imprudent to pursue. As such, the City’s procurement strategy is to do business with large entities (i.e., energy marketers) whose business model is to purchase large quantities of resources and divide their portfolio into smaller pieces to market to smaller entities, such as Shasta Lake. Shasta Lake’s resource “ask” is relatively small even in with respect to the size of an energy marketer’s portfolio and historically Shasta Lake has never experienced any issue with availability of supply to fulfill its relatively small needs.
b. Shasta Lake delayed its procurement for CP4 until after the CEC (CA Energy Commission) had finished writing its regulations (i.e., Enforcement Procedures for RPS for POUs) that the City is ultimately subjected to. These regulations became effective July 12, 2021. The City felt it was prudent to have the State’s rules finalized before City procurement action was taken, given the new elements of State law. That is, the City wanted to know the rules before purchasing anything. There were in fact a few new concepts introduced in this rulemaking process that potentially could disqualify resources from counting toward compliance, and that naturally impacts procurement decisions. Through no fault of the CEC or City, by the time the CEC regulations were finalized, it was too late to source LTR for CP4. The City initiated its first procurement effort for LTR products in the latter half of 2021 for CP4 and learned from suppliers no such resources were available.
This had never happened before, and the series of market shocks necessary to reach this situation were unforeseeable. See Item 5 below.
City continued to scout for LTR throughout CP 4 but had no success. To date, City has not purchased any LTR for CP4.
c. The City was prudent in its actions of delaying its procurement actions while the regulatory rulemaking process sorted itself out. The market disruptions described in Item 5 below were unforeseeable, unprecedented, and led to a market result that never happened before: there was inadequate supply to serve even the relatively miniscule needs of the City.
2. Whether City sought to develop one of…its own eligible renewable energy resources…, or energy storage;
86 a. Satisfied. The City is seeking to develop its own RPS resource. The City initiated this effort as part of the first-available NCPA solicitation for renewable energy, once the City learned LTR procurement in CP4 would be a challenge. NCPA received 3 proposals through two rounds of solicitation for a utility-scale solar photovoltaic with energy storage on City property.
b. This process continues to develop, and staff is actively working on a “limited notice to proceed” with a NCPA respondent to initiate feasibility studies on the property to allow the respondent to gain robust and factual information and revise scope and pricing, if needed.
3. Whether City procured an appropriate minimum margin above minimum procurement levels…to compensate for foreseeable delays or insufficient supply; a. Not appliable. The underlying issues that caused the unavailability of supply were not foreseeable. See Item 5 below.
4. Whether City took reasonable measures…for…cost-effective distributed generation and allowable unbundled RECs; and
a. Satisfied. See item 2 above.
5. Whether actions or events beyond the control of the City have adversely impacted timely deliveries of [RPS products] including but not limited to, acts of nature, terrorism, war, labor difficulty, civil disturbance, or market manipulation. a. There were three independent issues at work that led to a complete disruption of the market for RPS products: Voluntary overcompliance, elongated transmission interconnection queues for projects, and the Covid 19 pandemic.
i. Voluntary Overcompliance: The proliferation of Community Choice Aggregators3 (“CCA”) who voluntarily set RPS procurement goals that exceed target percentages and accelerated deadlines creates artificial and unexpected demand for compliance resources. Most of the largest CCAs are pursuing 100% green portfolios for today’s needs, more than doubling the amount of their mandated RPS procurement and over a decade ahead of schedule. Some of the largest POUs are adopting similarly aggressive policies. Such policies can be developed in a single evening at a board meeting, but it takes years to construct resources and decades to build the additional transmission to bring these resources to the grid. Thus, demand for RPS resources can grow rapidly on paper while actual supply is extremely slow in keeping pace. The result of these aggressive policies by the biggest entities in CA is that all available supply, and those generators in the construction queue, are all gobbled up. While the City did not directly compete for these resources, the large marketing firms that the City regularly does business eventually found there to be no resources to be had either now or in the foreseeable future.
ii. Elongated Transmission Interconnection Queues: All new generation seeking to connect to the bulk electric system is subject to a detailed engineering study process. The purpose of these studies is to identify 3 State law invented Community Choice Aggregators (“CCA”) to allow local communities to partially break away from their privately-owned electric utilities, mainly to allow greater control over the types of power supply that serves the community. A CCA’s geographic footprint usually falls within a county boundary and excludes any jurisdiction already served by a POU within that county. 87 iii. The Covid 19 Pandemic: Everyone is familiar with the pandemic that struck the US in Q1 2020 and its lasting effects on supply chain. No one saw this coming. It had drastic negative impacts on all projects, which greatly contributed to the widespread shortfall of RPS resources to the CA market. Even Shasta Lake’s miniscule needs were unable to be met by large energy marketers. The Covid response also had an enormous opportunity cost. All agencies, including the City, marketers, and regulators, dedicated tremendous focus on time on Covid-related matters, which is staff time not spent on addressing RPS-related matters.
SUMMARY
The City will likely not meet all primary requirements of the State’s RPS mandates for CP4 (Items A & B). However, the City’s actions establish a strong position to reach full compliance for CP4, relying on optional compliance mechanisms. City’s actions contained these issued to CP4, as contracts are in place to provide 100% of the forecasted need for CP5. Additionally, City has one contract to supplement CP6+ needs (Grace Orchard Solar), is seeking to develop distributed generation within the City, and is actively evaluating other potential RPS resources.
For CP4, the City purchased RPS resources under short-term contracts to the maximum extent possible under the new legal constraints. City’s actions fulfill each required element of the optional compliance mechanism, “delay of timely compliance,” as the City acted prudently in managing its portfolio and procurement risks given the known market conditions at the time, the City’s relative size in the California energy market, and its actions in seeking to build local generation. Lastly, several unforeseeable events occurred in a short period of time that completely disrupted the market for RPS resources leading to an overall lack of supply.
FISCAL IMPACT
There is no fiscal impact to accepting the report regarding the City’s Renewable Energy Portfolio procurement status for compliance period 2021-2024.
ATTACHMENTS
88 Resolution CC-2024-XX
DISTRIBUTION
City Council
89 RESOLUTION NO CC-2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE ACCEPTING THE REPORT REGARDING THE CITY’S
RENEWABLE PORTFOLIO STANDARD ENFORCEMENT PROGRAM STATUS FOR COMPLIANCE PERIOD 4 (2021-2024)
WHEREAS, the City Council adopted Resolution CC-20-89 adopting revisions to the City’s “Renewable Portfolio Standard (“RPS”) Enforcement Program” and “Renewable Energy Resources Procurement Plan,” both of which are currently in effect; and WHEREAS, upon discovering in 2021 that the RPS markets had been severely disrupted by several major factors, the City acted quickly to maximize compliance with the RPS Enforcement Program, including decisive actions that are expected to limit the procurement challenges to Compliance Period 4 (2021-2024), only; and WHEREAS, the City entered into a long-term contract for renewable energy supply, approved by Resolution CC-2022-26, that is expected to satisfy 100% of the City’s legal obligations for Compliance Period 5 (2025-2027); and
WHEREAS, staff is actively engaged in procurement activity for RPS resources to satisfy the outstanding needs for Compliance Period 6 (2028-2030) and beyond, including the long-term contract for renewable energy supply from the Grace Orchard Solar facility, through Northern California Power Agency (“NCPA”), as approved by Resolution CC2024-55, and an proposal received through a NCPA resource solicitation that includes a utility-scale distributed solar and energy City property the staff is seeking to develop; and WHEREAS, the City has acted prudently in managing its various risks, including but not limited to, regulatory changes at the beginning of Compliance Period 4, portfolio risks and procurement margins given regulatory rules in prior Compliance Periods and the size of the City’s need relative to the California market; and
WHEREAS, the market for RPS products were severely and negatively impacted by several unforeseeable factors that adversely impacted the City and its suppliers; and WHEREAS, the City desires to reach full compliance with the RPS Enforcement Program using all available means.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shasta Lake accepts (1) this report regarding the City’s compliance with the RPS Enforcement Program for Compliance Period 4 (2021-2024), and (2) the plan to reach full compliance with the RPS Enforcement Program that has brought two completed contracts, continued development efforts of distributed generation and storage on City property, and use of optional compliance mechanisms for the balance of need for Compliance Period 4.
PASSED, APPROVED, AND ADOPTED this 15th day of October 2024 by the following vote:
90 AYES:
NOES:
ABSENT:
JANICE POWELL, Mayor
ATTEST:
CHARITY TATLOW, Deputy City Clerk
91 92
Report and Recommendations 8.4 Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: James Takehara, Electric Utility Director
DATE: October 15, 2024
SUBJECT: ENERGY EFFICIENCY LIGHTING UPGRADE AT MARGARET POLF
REGIONAL PARK
FILE NO.:
RECOMMENDATION:
Staff recommends the City Council adopt a resolution authorizing the City Manager to enter into purchase and service agreements to install LED sports lighting equipment at Margaret Polf Regional Park.
BACKGROUND
The City completed energy efficiency retrofits of sports field lighting equipment at Wynne Price Field in August 2022, and Shasta Field in February 2023, with funding authorized by City Council Resolutions CC-2022-47 and CC-2022-85, respectively. After completing these retrofits, the City Electric Department measured energy reductions exceeding 30% compared to the old systems. Staff recommends expanding the energy efficiency sports lighting project to Margaret Polf Regional Park.
City received pricing for materials from Musco Sports Lighting, LLC (“Musco”) who provided pricing under Sourcewell contract number 041123-MSL. Sourcewell is a public agency that offers purchasing support services to its Members, which includes the City of Shasta Lake (ID# 112132). Sourcewell issued a competitive price public bid under RFP #04123 for sports lighting and related supplies and services and awarded a contract for said services to Musco through this competitive solicitation. The City’s membership with Sourcewell allows access to its cooperative contracts. Staff recommends using the City’s membership with Sourcewell to access the competitively bid pricing for the sports lighting material.
The lighting retrofit proposed at Margart Polf Regional Park will require removal of all existing lighting equipment and poles, which is like the retrofit completed at Wynne Price Field. The Electric Department would move the service point to the south end of the field creating a new service. Staff expects the lighting retrofit project would be completed 93 before Summer 2025, depending on lead time on material delivery, weather, and other electric department projects and priorities.
FISCAL IMPACT
The total requested budget for the lighting replacement is $575,000, which includes $378,450 for material costs quoted from Musco. The remainder covers all other associated costs, including but not limited to, additional construction materials, electric service materials, equipment rental, contingency, etc. Staff requests the City Council appropriate funds from the Public Benefit Fund and Greenhouse Gas auction proceeds because of the energy efficiency benefits this project brings to the City, thereby causing no impact to electric rates.
ATTACHMENTS
Resolution CC-2024-XX
Material Quote
DISTRIBUTION
City Council
94 RESOLUTION NO CC-2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE
APPROVING THE ENERGY EFFICIENCY LIGHTING UPGRADE
AT MARGARET POLF REGIONAL PARK
WHEREAS, the City Council adopted Resolutions CC-2022-47 and CC-2022-85, which approved the energy efficiency lighting upgrades at Wynne Price Baseball Field and Shasta Field, using Public Benefit and Greenhouse Gas Auction Proceeds; and WHEREAS, the City completed the upgrades at Wynne Price Baseball Field in August 2022 and at Shasta Field in February 2023; and
WHEREAS, staff observed that the upgraded sports lighting equipment reduced electricity consumption by more than 30% compared to the original sports lighting equipment; and
WHEREAS, staff has identified Margaret Polf Regional Park as a candidate to pursue a similar energy efficiency upgrade project using LED technology; and WHEREAS, LED technology is an energy efficient alternative to traditional sports lighting technology that is available for sports field lighting application that tends to have lower maintenance burdens and lower operating costs when compared on a like-for-like basis; and
WHEREAS, the City received a quote from Musco Sports Lighting, LLC for the purchase and delivery of LED field lighting equipment priced under cooperative contracting through Sourcewell, a public agency of which the City is a Member; and WHEREAS, the City desires to upgrade the sports lighting equipment at Margaret Polf Regional Park with LED equipment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shasta Lake:
1. Determines it is in the City’s best interest to use the City’s membership with Sourcewell to access material pricing for LED sports lighting equipment from Musco Sport Lighting, LLC, which were obtained under competitive public bidding in RFP #04123,
2. Authorizes the City Manager to enter into the necessary purchase and service agreements to upgrade the sports lighting at Margaret Polf Regional Park, and
3. Appropriates $575,000 from the Electric Fund’s “Public Benefit Fund” and “Greenhouse Gas auction proceeds” due to the project’s energy efficiency benefits.
PASSED, APPROVED, AND ADOPTED this 15th day of October 2024 by the following vote:
AYES:
NOES:
95 ABSENT:
JANICE POWELL, Mayor
ATTEST:
CHARITY TATLOW, Deputy City Clerk
96 Quote
2016, 2023 Musco Sports Lighting, LLC • M-2168-enUS-14
1 of 2
Date: 09/30/2024 Project: Margaret Polf Park
Expiration date: 10/30/2024 Shasta Lake, California
To: Kevin Estabrook Musco Project Number: 239022
Sourcewell
Master Project: 199030, Contract Number: 041123-MSL, Expiration: 06/16/2027 Category: Sports lighting with related supplies and services All purchase orders should note the following:
Sourcewell Purchase – Contract Number: 041123-MSL
Quotation Price – Materials Only Delivered to Job Site
Multipurpose Field – 345’ x 600’ ...................................................................$378,448.00 Sales tax, bonding, labor, installation, and unloading of the equipment are not included.
Quote is confidential. Pricing and lead times are effective for 30 days only. Prices are subject to change if the order is not released within 60 days from the date of the purchase.
Light-Structure System™ with Total Light Control – TLC for LED™ technology Guaranteed Lighting Performance
• Guaranteed light levels of 30 footcandles and uniformity of 2.5:1.0 System Description
• Factory aimed and assembled luminaries
• 7 Galvanized steel poles
• 7 Pre-cast concrete bases with integrated lightning grounding • Pole length factory assembled wire harnesses
• Factory wired and tested remote electrical component enclosures • UL listed assemblies
• Corrosion protection
Control Systems and Services
Control-Link® control and monitoring system to provide remote on/off and dimming (high/medium/low) control and performance monitoring with 24/7 customer support
Operation and Warranty Services
• Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your maintenance costs for 25 years
• Support from Musco’s Lighting Services Team – over 170 Team members dedicated to operating and maintaining your lighting system – plus a network of 1800+ contractors Payment Terms
Final payment terms are subject to approval by Musco credit department. Final payment shall not be withheld by Buyer on account of delays beyond the control of Musco.
Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC:
Musco Sports Lighting, LLC
Attn: Musco Contracts
Fax: 800-734-6402
Email: [email protected]
All Purchase orders should note the following:
Sourcewell Purchase – Contract Number: 041123-MSL
97 Quote
2016, 2023 Musco Sports Lighting, LLC • M-2168-enUS-14
2 of 2
Delivery Timing
10 - 12 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order details including voltage, phase, and pole/luminaire locations.
Notes
Quote is based on following conditions:
• Shipment of entire project together to one location.
• Voltage and phase system requirements to be confirmed. • Structural code and wind speed = 2022 CBC, 95 mph, Exposure C, Importance Factor 1.0. • Due to the built-in custom light control per luminaire, pole or luminaire locations need to be confirmed prior to production. Changes to pole or luminaire locations after the product is sent to production could result in additional charges.
• Standard soil conditions – rock, bottomless, wet, or unsuitable soil may require additional engineering, special installation methods and additional cost. [Remove if SCR or Retrofit project] Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details.
Jasen Deniz
Senior Sales Representative
Musco Sports Lighting, LLC
Phone: 530-812-7022
E-mail: [email protected]
98 Report and Recommendations 8.5 Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Jessaca Lugo, City Manager
DATE: October 15, 2024
SUBJECT: RESOLUTION AUTHORIZING THE PURCHASE OF REAL
PROPERTY LOCATED AT 005-690-020 IN SHASTA LAKE,
CALIFORNIA
FILE NO.:
RECOMMENDATION
Staff requests that the City Council consider acquiring 0.35 acres of real property located at 005-690-020 in Shasta Lake, California, and approve a supplemental budget appropriation of $46,500.00.
BACKGROUND
On September 17, 2024, City Council directed the City Manager to proceed with negotiations for the property located at 005-690-020, Shasta Lake, CA 96019, consisting of an approximately .35 acre lot located at the northwest corner of Ashby and Shasta Dam Blvd.
The list price was $55,000, and after negotiations, the buyer accepted the City offer of $45,000, to close in 30 days (10/17/2024).
A preliminary assessment indicates that there is a utility easement running through the property, which the City understands poses development constraints for most projects aside from parking facilities. The City acknowledges that the State of California is increasingly lowering parking requirements while pushing standards for electric vehicle (EV) charging to support future developments. Consequently, the commercial area along Shasta Dam Blvd is likely to encounter increased parking challenges as the City continues to grow. Acquiring the identified parcel will enable the City to establish a site for future parking, and the cost is reasonable for this purpose.
99 Parcel APN: 005-690-020 (0.35 acres)
FISCAL IMPACTS:
General Fund 110-340-6168 (Land) - $46,500.00 ($45,000-- purchase price + $1,500-- closing costs)
ATTACHMENTS
ATTACHMENT – VACANT LAND PURCHASE AGREEMENT
RESOLUTION CC-2024-XX
DISTRIBUTION
City Attorney
Electric Director
100
RESOLUTION CC 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE APPROVING A SUPPLEMENTAL APPROPRIATION OF $46,500.00 AND
AUTHORIZING THE CITY MANAGER TO COMPLETE THE NECESSARY
DOCUMENTS TO PURCHASE REAL PROPERTY LOCATED AT
005-690-020, SHASTA LAKE, CALIFORNIA
WHEREAS, The City of Shasta Lake (City) has identified property in the City limits of Shasta Lake to purchase for future public parking facilities; and WHEREAS, the purpose is to appropriate up to $46,500.00 for the purchase of vacant property located at 005-690-020; and
WHEREAS, this project is funded from the following capital project fund:
Expenditure Account: 110-340-6168 (Land) - $46,500.00 ($45,000-- purchase price + $1,500-- closing costs)
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shasta Lake hereby:
1. Approves a supplemental appropriation in the amount of $46,500.00.
2. Authorize the City Manager to execute all necessary documents pertaining to the property purchase transaction.
PASSED, APPROVED, AND ADOPTED this 15th day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
JANICE POWELL, Mayor
ATTEST:
CHARITY TATLOW, Deputy City Clerk
101
Authentisign ID..:_~BC-A576-EF1 1-991A-002248299C60
' C -\LIFORN L\. DISCLOSURE REGARDING
• ,-\SSOCL-\TION REAL ESTATE AGENCY RELATIONSHIP
' OF RE.-\LTORS® (As required by the Civil Code)
"" (C-A-R. Form AD, Revised 8/24)
O (If checked) This form is being provided in connection with a transaction for a leasehold interest exceeding one year as per Civil Code §§ 2079.130), (k), and (I).
When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction.
SELLER'S AGENT
A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations:
To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.
BUYER'S AGENT
A Buyer's agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations:
To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.
AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acting directly or through one or more salespersons and broker associates, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer.
In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections.
In representing both Seller and Buyer, a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the Buyer's or Seller's financial position, motivations, bargaining position, or other personal information that may impact price, including the Seller's willingness to accept a price less than the listing price or the Buyer's willingness to pay a price greater than the price offered.
SELLER AND BUYER RESPONSIBILITIES
Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is representing you exclusively in the transaction or acting as a dual agent. Please pay attention to that confirmation to make sure it accurately reflects your understanding of your agent's role.
The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional.
If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation.
Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change.
Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of§§ 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully_
Note: Real estate broker commissions are not set by law and are fully negotiable.
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE SECOND PAGE. (ii_ •"'"""., ,
~ Buyer O Seller □ Landlord Tenant ~ i-,, fJJ'1 Pl""?n City of Shasta Lake A Municipal Date 09/19/2024 D Buyer D Seller □ Landlord D Tenant _ _ _ _____ _ ________ _ _____ Date _____ _ Ageant,.,.,,.=tw"--' _________ _,R=E=L=E=V. :..:.A=N=T,__R'-'=EA'--'=L-=E=S'--'-T.-'-' A'-'-- T.=E _____ ___ ___ DRE Lie. #-=-0-'-' 11'---"6'--'-1-'-- 16~8'----- By D«ftin ro~ter Real Estate Broker {Firm)
n:. Dustin Foster DRE Lie. # 01709563 Date 09/19/2024
(Salesperson or Broker-Associate, if any)
AD REVISED 8/24 (PAGE 1 OF 2)
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP AD PAGE 1 OF 2 RELEVANT REAL ESTATE, 2789 Bechelli L••• Redding CA 96002 Phone: 5305157186 Fax: 020 Shasta Dam Du, un Foster Produced with Lone Woff Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www !wo~ com 102
Authentisign ID: 2612E18C-A576-EF11 -991A-002248299C60
CIVIL§§ 2079.13 - 2079.24 (2079.16 APPEARS ON THE FRONT) 207,~. 13. ~s used in this section _and§§ 2079.7 _a!'1d 2079. ~4 to 2079.24, in_clusi~e, the follo~ing tenns have the following meanings:
(a) Agent means a person acting under provIsIons of Title 9 (commencing with § 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with§ 10130) of Part 1 of Division 4 of the Business and Professions Code and under whose license a listing is exe?uted or an offer to purchase is obtained. The agent in the real property transaction bears responsibility for that agent's salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions. (b) "Buyer" means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. "Buyer" includes a vendee or lessee of real property. (c) "Commercial real property" means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with § 1940) of Title 5, (3) a mobilehome, as defined in § 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in § 799.29. (d) "Dual agent" means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction. (e) "Listing agreement" means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement. (f) "Seller's agent"
tiecomes the contract for the sale of the real
property upon acceptance by the seller. 0) "Real property" means any estate specified by subdivision (1) or (2) of§ 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in§ 18007 of the Health and Safety Code, or a mobilehome as defined in§ 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in§ 10131.6 of the Business and Professions Code. (k) "Real property transaction" means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase. (I) "Single-family residential property" or "single-family residential real property" means any of the following: (1) Real property improved with one to four dwelling units, including a leasehold exceeding one year's duration. (2) A unit in a residential stock cooperative, condominium, or planned unit development. (3) A mobilehome or manufactured home when offered for sale or sold through a real estate broker pursuant to § 10131.6 of the Business and Professions Code. (m) "Sell," "sale," or "sold" refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of § 2985, and transactions for the creation of a leasehold exceeding one year's duration. (n) "Seller" means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. "Seller" includes both a vendor and a lessor of real property. (o) "Buyer's agent" means an agent who represents a buyer in a real property transaction. 2079.14. A seller's agent and buyer's agent shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in § 2079.16, and shall obtain a signed acknowledgment of receipt from that seller and buyer, except as provided in § 2079.15, as follows: {a) The seller's agent, if any, shall provide the disclosure fonn to the seller prior to entering into the listing agreement. (b) The buyer's agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase. If the offer to purchase is not prepared by the buyer's agent, the buyer's agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer. 2079.15. In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to§ 2079.14, the agent shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.16 Reproduced on Page 1 of this AD fonn . 2079.17(a) As soon as practicable, the buyer's agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the buyer's agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the seller's agent shall disclose to the seller whether the seller's agent is acting in the real property transaction as the seller's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confinned in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the seller's agent prior to or coincident with the execution of that contract by the seller.
CONFIRMATION: (c) The confirmation required by subdivisions (a) and (b) shall be in the following form:
Seller's Brokerage Firm DO NOT COMPLETE. SAMPLE ONLY License Number _____ _ Is the broker of (check one): D the seller; or D both the buyer and seller. (dual agent) Seller's Agent DO NOT COMPLETE SAMPLE ONLY License Number _____ _ Is (check one): D the Seller's Agent. (salesperson or broker associate) D both the Buyer's and Seller's Agent. (dual agent) Buyer's Brokerage Firm DO NOT COMPLETE SAMPLE ONLY License Number _____ _ Is the broker of (check one): D the buyer; or D both the buyer and seller. (dual agent) Buyer's Agent D NOT COMPLETE SAMPLE ONLY License Number _____ _ Is (check one): D the Buyer's Agent. (salesperson or broker associate) n both the Buyer's and Seller's Agent. (dual agent) (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by§ 2079.14. An agent's duty to provide disclosure and confirmation of representation in this section may be performed by a real estate salesperson or broker associate affiliated with that broker. 2079.18 (Repealed pursuant to AB-1289) 2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction. and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of§ 2079.14 and § 2079.17 are complied with. 2079.21 (a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller. (b) A dual agent may not, without the express permission of the buyer. disclose to the seller any confidential information obtained from the buyer. (c) "Confidential information" means facts relating to the client's financial position, motivations, bargaining position, or other personal information that may impact price, such as the seller is willing to accept a price less than the listing price or the buyer is willing to pay a price greater than the price offered. (d) This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22 Nothing in this article precludes a seller's agent from also being a buyer's agent. If a seller or buyer in a transaction chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent. 2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the perfonnance of the act which is the object of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure.
Published and Distributed by: REAL ESTATE BUSINESS SERVICES. LLC. a subsidiary of the California Association of REAL TORS® AD REVISED 8/24 (PAGE 2 OF 2)
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) Produced with Lone Wolf Transactions (zipFonn Edition) 71 7 N Harwood St, Suite 2200, Dallas, TX 75201 www lwoK com 020 Shasta Dam ~ E!;IUAI.MOUSl!l,IG
cP?ORTl.lNnV
103
"""'"';,;,, ; .,"'"';;: 7;~: ; : '"''iJAcANT LAND PURCHASE AGREEMENT AND JOINT ESCROW •
~ ASSOCIATION INSTRUCTIONS OF REALTORS® (C.A.R. FORM VLPA, Revised 7/24) Date Prepared: September 19, 2024
1. OFFER:
A. THIS IS AN OFFER FROM City of Shasta Lake A Municipal Corporation ("Buyer").
D lndividual(s), [id A Corporation, D A Partnership, D An LLC, D Other --------------- ---- 8. THE PROPERTY to be acquired is 020 Shasta Dam Blvd , situated in Shasta Lake (City), Shasta (County), California, -~9-=- 60"--1'---'9--_ (Zip Code), Assessor's Parcel No(s). 005-690-020-000 ("Property'').
Further Described As 020 Shasta Dam Blvd Shasta Lake, CA 96019 (Postal/Mailing address may be different from city jurisdiction. Buyer is advised to investigate.) C. THE TERMS OF THE PURCHASE ARE SPECIFIED BELOW AND ON THE FOLLOWING PAGES.
0. Buyer and Seller are referred to herein as the "Parties." Brokers and Agents are not Parties to this Agreement.
2. AGENCY:
A. DISCLOSURE: The Parties each acknowledge receipt of a "Disclosure Regarding Real Estate Agency Relationship" (C.A.R.
Form AD) if represented by a real estate licensee. Buyer's Agent is not legally required to give to Seller's Agent the AD form Signed by Buyer. Seller's Agent is not legally obligated to give to Buyer's Agent the AD form Signed by Seller.
B. CONFIRMATION: The following agency relationships are here confirmed for this transaction.
Seller's Brokerage Firm Relevant Real Estate License Number __ 011_ _6_1_1_6~8 __ Is the broker of (check one): [id the Seller; or D both the Buyer and Seller (Dual Agent).
Seller's Agent Katrisha Arambul License Number 02143937 Is ( check one): [id the Seller's Agent (Salesperson or broker associate); or D both the Buyer's and Seller's Agent (Dual Agent).
Buyer's Brokerage Firm RELEVANT REAL ESTATE License Number 01161168 Is the broker of (check one): [id the Buyer; or LJ both the Buyer and Seller (Dual Agent).
Buyer's Agent Dustin Foster License Number 01709563
Is ( check one): [id the Buyer's Agent (Salesperson or broker associate); or LJ both the Buyer's and Seller's Agent (Dual Agent).
C. D More than one Brokerage represents D Seller, D Buyer. See, Additional Broker Acknowledgement (C.A.R. Form ABA).
D. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a [Kl "Possible Representation of More than One Buyer or Seller - Disclosure and Consent" (C.A.R. Form PRBS).
3. TERMS OF PURCHASE AND ALLOCATION OF COSTS: The items in this paragraph are contractual terms of the Agreement.
Referenced paragraphs provide further explanation. This form is 17 pages. The Parties are advised to read all 17 pages.
Para# Paragraph Title or CDntract Terms and Conditions Additional Terms Term
A 5, 5B (cash) Purchase Price $ 45 000.00 ~All Cash
B Close Of Escrow (COE) Iii 30 Days after Acceptance
oRL]on (date)
C 40A Expiration of Offer 3 calendar days after all Buyer Signature(s) or (date) at 5PM
or _ _ 0AM/0PM
D(1) 5A(1) Initial Deposit Amount $ 5,000.00 (__JJ_,J_1_% of purchase price) within 3 (or_) business days (% number above is for calculation purposes after Acceptance by wire transfer and is not a contractual term) ORO
D(2) 5A(2) 0 Increased Deposit $ L_% of purchase price) Upon removal of all contingencies (Money placed into escrow after (% number above is for calculation purposes ORO (date) the initial deposit. Use form DID at and is not a contractual term) ORO time increased deposit is made.) E(1) 5C(1) Loan Amount(s): First $ L_% of purchase price) Conventional or, if checked, Interest Rate Fixed rate or D Initial adjustable rate
~ Seller Financing
• not to exceed % Assumed Financing
Points • Buyer to pay up to _ points to obtain Subject To Financing rate above Other:
E(2) 5C(2) Additional Financed Amount $ L_% of purchase price) Conventional or, if checked, Interest Rate Fixed rate or D Initial adjustable rate
~ Seller Financing
• not to exceed % Assumed Financing
Points • Buyer to pay up to _ points to obtain Subject To Financing Other: rate above
E(3) 7A Intended Use Investment OR 0
F 5D Balance of Down Payment $ 40 000.00
PURCHASE PRICE TOTAL $ 45 000.00
© 2024, California Association of REAL TORS®, Inc.
VLPA REVISED 7/24 (PAGE 1 OF 17) Buyer's Initials ~ ___ Seller's Initials ~ / ~ EQUAl.l,IOU51NC c,,po,m,,m
VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS VLPA PAGE 1 OF 17 RELEVANT REAL ESTATE, 2789 Bccbelli ume Redding CA 96002 Phone: 53051571 86 Fax: 020 Shasta Dam Dusfin Fosler Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www fwqlf com 104
Authentisign ID: 2612E18C-A576-EF11-991A-002248299C60
Property Address· 020 Shasta Dam Blvd Shasta Lake CA 96019 I ' Date· Se1Jtember 19 2024 I Para# Paragraph Title or Contract Terms and Conditions Additional Terms Term
G(1) SE Seller Credit, if any, to Buyer 0$ (_% of purchase price) Seller credit to be applied to (% number above is for calculation purposes closing costs OR and is not a contractual term) O0ther:
G(2) ADDITIONAL FINANCE TERMS:
G(3) 21 00 Seller agrees to pay the obligation of Buyer to compensate Buyer's Broker under a separate agreement (C.A.R.
Form SPBB attached).
H(1) 5B Verification of All Cash (sufficient Attached to the offer or D 3 (or___) Days funds) after Acceptance
H(2) 6A Verification of Down Payment and Attached to the offer or O 3 (or___) Days Closing Costs after Acceptance
H(3) 6B Verification of Loan Application Attached to the offer or D 3 (or___) Days Fl Prequalification O Preapproval after Acceptance Fullv underwritten oreaooroval
I Intentionally left Blank
J 19 Final Verification of Condition 5 (or___) Days prior to COE K 26 Assignment Request 17 (or___) Days after Acceptance
L CONTINGENCIES TIME TO REMOVE CONTINGENCIES CONTINGENCY REMOVED L{1) BA Loan(s) 17 (or __ ) Days after Acceptance ~ No loan contingency L{2) BB Appraisal: Appraisal contingency 17 (or___) Days after Acceptance ~ No appraisal contingency based upon appraised value at a Removal of appraisal contingency minimum of purchase price or does not eliminate appraisal 0$ cancellation rights in FVAC.
L(3) BC 0 Purchase of Manufactured Home 17 (or __ ) Days after Acceptance Buyer has ( or O has not) entered 0 Shall remain in effect until the Close Of Escrow into contract to purchase a personal REMOVAL OR WAIVER OF property manufactured home of the Property CONTINGENCY:
L{4) BD 0 Construction Loan Financing 17 (or___) Days after Acceptance Any contingency in L(1)-L(10) may A draw from the construction loan will be removed or waived by checking not (orOwill) be used to finance the the applicable box above or Property attaching a Contingency Removal L{5) BE, 15 Investigation of Property 17 (or___) Days after Acceptance (C.A.R. Form CR-B) and checking Informational Access to Property 17 (or___) Days after Acceptance the applicable box therein. Removal or Waiver at time of offer is against
Buyer's right to access the Property for informational purposes only is NOT a contingency Agent advice. See paragraph BK. and does NOT create additional cancellation riahts for Buver.
L(6) 8F Insurance 17 (or __ ) Days after Acceptance 0 CR-B attached L(7) BG, 17A Review of Seller Documents 17 (or___) Days after Acceptance, or 5 Days after Delivery, whichever is later
L(8) BH , 16A Preliminary {"Title") Report 17 (or___) Days after Acceptance, or 5 Days after Delivery, whichever is later
L(9) 81, 11E Common Interest Disclosures 17 (or___) Days after Acceptance, or 5 Days Per Civil Code § 4525 or this after Delivery, whichever is later Agreement
L(10) BJ, 9B(2) Review of leased or liened items 17 (or___) Days after Acceptance, or 5 Days (E.g. solar panels or propane tanks) after Delivery, whichever is later L(11) 8M Sale of Buyer's Property I
Sale of Buyer's property is not a
contingency, UNLESS checked here:
0 C.A.R. Form COP attached \ '
Possession Time for Performance Additional Terms
M 3R Vacant Lot Delivery Upon notice of recordation Property to be delivered subject to 0 Lease/tenant in place On COE Date tenant rights, except N Documents/Fees/Compliance Time for Performance
N(1) 17A Seller Delivery of Documents 7 (or___) Days after Acceptance N(2) 22B Sign and return Escrow Holder 5 (or_) Days after receipt General Provisions, Supplemental
Instructions
N(3) 11E(2) Time to pay fees far ordering HOA 3 (or___) Days after Acceptance Documents
N(4) 36 Evidence of representative authority 3 Days after Acceptance VLPA REVISED 7/24 (PAGE 2 OF 17) Buyer's Initials [ f J.1 I Seller's Initials {tp) , ~ -- VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 2 OF 17) ~~ Produced with Lone Wolf Transactions (zipFonn Edition) 717 N Harwood St. Suite 2200, Danas, TX 75201 www lwotr com 020 Sh:11sta Dam 105
Authentisi!l,.n ID: 2612E 18C-A576-EF11 -991A-002248299C60 Pro e Address: 020 Shas
Q(1)
Q(2) 15B(1}(D)
Q(3) 10
Q(4) 22B
Q(S) 16
Q(6)
Q(7)
Q(S)
Q(9) 11E(2)
Q(10)
Q(11)
Q(12)
Q(13)
Natural Hazard Zone Disclosure
Report, including tax information
Environmental Survey (Phase I)
Gov'! Point of Sale Requirements
Inspections and reports
Escrow Fees
Owner's title insurance policy
Buyer's Lender title insurance policy
County transfer tax, fees
City transfer tax, fees
HOA fee for preparing disclosures
HOA certification fee
HOA transfer fees
Private transfer fees
D Buyer ~ Seller D Both
Ii Provided by: First American NHD
D Buyer D Seller D Both
D Buyer D Seller D Both
D Buyer O Seller [Kl Both 50/50
D Each to pay their own fees
D Buyer D Seller [Kl Both 50/50
Buyer
D Buyer Ii Seller D Both
0 Buyer ~ Seller D Both
Seller
Buyer
D Buyer D Seller D Both
Seller, or if checked, D Buyer O Both
Ix!
_ (B) _ _____ __ Reports Buyer Seller Both
Q(14) (A) ____ ____ feeslcosts B Buyer B Seller D Both __________________ _ (B) fees/costs Buyer Seller D Both
R 12 Additional Tenancy Documents Income and Expense Statements Tenant Estoppel Certificate S OTHER TERMS:------------- ------------------------
4. PROPERTY ADDENDA AND ADVISORIES: (check all that apply) A. PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below:
§ Probate Agreement Purchase Addendum (C.A.R. Form PA-PA) Residential Units Purchase Addendum (C.A.R. Form RU-PA) Other _ _ _ _ _ _ ______ _ _ _ ____________________ ______ _ _ B. OTHER ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below:
~ Addendum # (C.A.R. Form ADM) 0 Short Sale Addendum (CAR. Form SSA) Back Up Offer Addendum (C.A.R. Form BUO) D Court Confirmation Addendum (CAR. Form CCA) Assumed Financing Addendum (CAR. Form AFA)
Septic, Well, Property Monument and Propane AddendumBCAR. Form SWPI) Buyer Intent to Exchange Addendum (C.A.R. Form BXA) Seller Intent to Exchange Addendum (C.A.R. Form SXA) Other___________ ______ Other ____ _ _ _____ _ ____ _ __ _ 1jj 1 ( 4 ) VLPA REVISED 7/24 (PAGE 3 OF 17) Buyer's Initials =Le:_)="---' _ _ _ _ Seller's Initials ~ - /--_ _ _ VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 3 OF 17) Produced with Lone WolfTransactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 020 Shasta Oam 106
Authentisign ID: 2612E18C-A576-EF11-991A--002248299C60
Property Address: 020 Shasta Dam Blvd, Shasta Lake, CA 96019 Date: September 19, 2024 C. BUYER AND SELLER ADVISORIES: (Note: All Advisories below are provided for reference purposes only and are not intended to be incorporated into this Agreement.)
;
Buyer's Vacant Land Additional Investigation Advisory (CAR. Form BVLIA) Fair Housing and Discrimination Advisory (C.A.R. Form FHDA) Wire Fraud Advisory (CAR. Form WFA) !Kl Cal. Consumer Privacy Act Advisory (C.A.R. Form CCPA) (Parties may also receive a privacy disclosure from their own Agent.) ~ Wildfire Disaster Advisory (CAR. Form WFDA) ~ Statewide Buyer and Seller Advisory (C.A.R. Form SBSA) Trust Advisory (C.A.R. Form TA) Short Sale Information and Advisory (C.A.R. Form SSIA) REO Advisory (C.A.R. Form REO) Probate Advisory (CAR. Form PA) Other_________________ Other ___________________ _
5. ADDITIONAL TERMS AFFECTING PURCHASE PRICE: Buyer represents that funds will be good when deposited with Escrow Holder.
A. DEPOSIT:
(1) INITIAL DEPOSIT: Buyer shall deliver deposit directly to Escrow Holder. If a method other than wire transfer is specified in paragraph 3D(1) and such method is unacceptable to Escrow Holder, then upon notice from Escrow Holder, delivery shall be by wire transfer.
(2) INCREASED DEPOSIT: Increased deposit specified in paragraph 3D{2) to be delivered to Escrow Holder in the same manner as the Initial Deposit If the Parties agree to liquidated damages in this Agreement, they also agree to incorporate the increased deposit into the liquidated damages amount by signing a new liquidated damages clause (C.A.R. Form DID) at the time the increased deposit is delivered to Escrow Holder. (3) RETENTION OF DEPOSIT: Paragraph 36, if initialed by all Parties or otherwise incorporated into this Agreement, specifies a remedy for Buyer's default. Buyer and Seller are advised to consult with a qualified California real estate attorney: (i) Before adding any other clause specifying a remedy (such as release or forfeiture of deposit or making a deposit non-refundable) for failure of Buyer to complete the purchase. Any such clause shall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code; and (ii) Regarding possible liability and remedies if Buyer fails to deliver the deposit.
B. ALL CASH OFFER: If an all cash offer is specified in paragraph 3A, no loan is needed to purchase the Property. This Agreement is NOT contingent on Buyer obtaining a loan_ Buyer shall, within the time specified in paragraph 3H(1), Deliver written verification of funds sufficient for the purchase price and closing costs.
C. LOAN(S):
(1) FIRST LOAN: This loan will provide for conventional financing UNLESS Seller Financing (C.A.R Form SFA), Assumed Financing, Subject to Financing, or Other is checked in paragraph 3E(1)_ (2) ADDITIONAL FINANCED AMOUNT: If an additional financed amount is specified in paragraph 3E(2), that amount will provide for conventional financing UNLESS Seller Financing (C.A.R. Form SFA), Assumed Financing, Subject To Financing, or Other is checked in paragraph 3E(2).
(3) BUYER'S LOAN STATUS: Buyer authorizes Seller and Seller's Authorized Agent to contact Buyer's lender(s) to determine the status of any Buyer's loan specified in paragraph 3E, or any alternate loan Buyer pursues, whether or not a contingency of this Agreement. If the contact information for Buyer's lender(s) is different from that provided under the terms of paragraph 6B, Buyer shall Deliver the updated contact information within 1 Day of Seller's request. (4) ASSUMED OR SUBJECT TO FINANCING: Seller represents that Seller is not delinquent on any payments due on any loans. If the Property is acquired subject to an existing loan, Buyer and Seller are advised to consult with legal counsel regarding the ability of an existing lender to call the loan due, and the consequences thereof.
D. BALANCE OF PURCHASE PRICE (DOWN PAYMENT, paragraph 3F)(including all-cash funds) to be deposited with Escrow Holder pursuant to Escrow Holder instructions.
E. LIMITS ON CREDITS TO BUYER: Any credit to Buyer as specified in paragraph 3G(1) or Otherwise Agreed, from any source, for closing or other costs that is agreed to by the Parties ("Contractual Credit") shall be disclosed to Buyer's lender. if any, and made at Close Of Escrow. If the total credit allowed by Buyer's lender ("Lender Allowable Credit") is less than the Contractual Credit, then (i) the Contractual Credit from Seller shall be reduced to the Lender Allowable Credit, and (ii) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit.
6. ADDITIONAL FINANCING TERMS:
A. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Written verification of Buyer's down payment and closing costs, within the time specified in paragraph 3H(2) may be made by Buyer or Buyer's lender or loan broker pursuant to paragraph 6B_ B. VERIFICATION OF LOAN APPLICATIONS: Buyer shall Deliver to Seller, within the time specified in paragraph 3H(3) a letter from Buyer's lender or loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified in paragraph 3E. If any loan specified in paragraph 3E is an adjustable rate loan, the prequalification or preapproval letter shall be based on the qualifying rate, not the initial loan rate.
C. BUYER STATED FINANCING: Seller is relying on Buyer's representation of the type of financing specified (including, but not limited to, as applicable, all cash, amount of down payment, or contingent or non-contingent loan). Seller has agreed to a specific closing date, purchase price, and to sell to Buyer in reliance on Buyer's specified financing. Buyer shall pursue the financing specified in this Agreement, even if Buyer also elects to pursue an alternative form of financing. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than that specified in this Agreement but shall not interfere with closing at the purchase price on the COE date (paragraph 3B) even if based upon alternate financing. Buyer's inability to obtain alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement.
7. CLOSING AND POSSESSION:
A. INTENDED USE: Buyer intends to use the Property as indicated in paragraph 3E(3). Intended use may impact available financing.
B. CONDITION OF PROPERTY ON CLOSING: Unless Otherwise Agreed: (i) the Property shall be delivered "As-ls" in its PRESENT physical condition as of the date of Acceptance; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow or at the time possession is delivered to Buyer, if not on the same date. If items are not removed when possession is delivered to Buyer, all items shall be deemed abandoned. Buyer, after first Delivering to Seller written notice to remove the items within 3 Days, may pay to have such items removed or disposed of and may bring legal action, as per this Agreement, to receivr ~ey5ionable costs from Seller. /A \ , VLPA REVISED 7/24 (PAGE 4 OF 17) Buyer's Initials ~ / ___ Seller's Initials (Yf{__/ _,.,., @ VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 4 OF 17) ~~= Produced with Lone Wolf Transactions (zipFom, Edition) 717 N Harwood St. Suite 2200. Dallas. TX 75201 www iwoif com 020 Shasta Dam 107 Authentisign ID: 2612E18C-A576-EF11-991A--OD2248299C60
Property Address: 020 Shasta Dam Blvd, Shasta Lake, CA 96019 Date: September 19, 2024 C. Buyer is strongly advised to conduct investigations of the entire Property in order to determine its present condition.
Seller and Agents may not be aware of all defects affecting the Property or other factors that Buyer considers important.
Property improvements may not be built according to code, in compliance with current Law, or have had all required permits issued and/or finalized.
D. Seller shall, on Close Of Escrow unless Otherwise Agreed and even if Seller remains in possession, provide keys, passwords, codes and/or means to operate all locks, mailboxes, and all items included in either paragraph 3P or paragraph 9. If the Property is a condominium or located in a common interest development, Seller shall be responsible for securing or providing any such items for Association amenities, facilities, and access. Buyer may be required to pay a deposit to the Owners' Association ("HOA") to obtain keys to accessible HOA facilities.
8. CONTINGENCIES AND REMOVAL OF CONTINGENCIES:
A. LOAN(S):
(1) This Agreement is, unless otherwise specified in paragraph 3L(1) or an attached CR form, contingent upon Buyer obtaining the loan(s) specified. If contingent, Buyer shall act diligently and in good faith to obtain the designated loan(s). If there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise qualified for the specified loan and Buyer is able to satisfy lender's non-appraisal conditions for closing the loan.
(2) Buyer is advised to investigate the insurability of the Property as early as possible, as this may be a requirement for lending.
Buyer's ability to obtain insurance for the Property, including fire insurance, is part of Buyer's Insurance contingency. Failure of Buyer to obtain insurance may justify cancellation based on the Insurance contingency but not the loan contingency. (3) Buyer's contractual obligations regarding deposit, balance of down payment and closing costs are not contingencies of this Agreement, unless Otherwise Agreed.
(4) If there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the appraisal contingency. (5) NO LOAN CONTINGENCY: If "No loan contingency" is checked in paragraph 3L(1), obtaining any loan specified is NOT a contingency of this Agreement. If Buyer does not obtain the loan specified, and as a result is unable to purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies.
B. APPRAISAL:
(1) This Agreement is, unless otherwise specified in paragraph 3L(2) or an attached CR form, contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the amount specified in paragraph 3L(2), without requiring repairs or improvements to the Property. Appraisals are often a reliable source to verify square footage of the subject Property. However, the ability to cancel based on the measurements provided in an appraisal falls within the Investigation of Property contingency. The appraisal contingency is solely limited to the value determined by the appraisal.
For any cancellation based upon this appraisal contingency, Buyer shall Deliver a Copy of the written appraisal to Seller, upon request by Seller.
(2) NO APPRAISAL CONTINGENCY: If "No appraisal contingency" is checked in paragraph 3L(2), then Buyer may not use the loan contingency specified in paragraph 3L(1) to cancel this Agreement if the sole reason for not obtaining the loan is that the appraisal relied upon by Buyer's lender values the property at an amount less than that specified in paragraph 3L(2). If Buyer is unable to obtain the loan specified solely for this reason, Seller may be entitled to Buyer's deposit or other legal remedies.
(3) Fair Appraisal Act: See paragraph 33 for additional information.
C. MANUFACTURED HOME PURCHASE: If checked in paragraph 3L(3), this Agreement is contingent upon Buyer acquiring a personal property manufactured home to be placed on the Property after Close Of Escrow.
D. CONSTRUCTION LOAN FINANCING: If checked in paragraph 3L(4), this Agreement is contingent upon Buyer obtaining a construction loan.
E. INVESTIGATION OF PROPERTY: This Agreement is, as specified in paragraph 3L(5), contingent upon Buyer's acceptance of the condition of, and any other matter affecting, the Property.
F. INSURANCE: This Agreement is, as specified in paragraph 3L(6), contingent upon Buyer's assessment of the availability and approval of the cost for any insurance policy desired under this Agreement.
G. REVIEW OF SELLER DOCUMENTS: This Agreement is, as specified in paragraph 3L(7), contingent upon Buyer's review and approval of Seller's documents required in paragraph 17A.
H. TITLE:
( 1) This Agreement is, as specified in paragraph 3L(8), contingent upon Buyer's ability to obtain the title policy provided for in paragraph 16G and on Buyer's review of a current Preliminary Report and items that are disclosed or observable even if not on record or not specified in the Preliminary Report, and satisfying Buyer regarding the current status of title. Buyer is advised to review all underlying documents and other matters affecting title, including, but not limited to, any documents or deeds referenced in the Preliminary Report and any plotted easements. (2) Buyer has 5 Days after receipt to review a revised Preliminary Report, if any, furnished by the Title Company and cancel the transaction if the revised Preliminary Report reveals material or substantial deviations from a previously provided Preliminary Report.
I. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES (IF APPLICABLE): This Agreement is, as specified in paragraph 3L(9), contingent upon Buyer's review and approval of Common Interest Disclosures required by Civil Code § 4525 and under paragraph 11 E ("Cl Disclosures").
J. BUYER REVIEW OF LEASED OR LIENED ITEMS CONTINGENCY: Buyer's review of and ability and willingness to assume any lease, maintenance agreement or other ongoing financial obligation, or to accept the Property subject to any lien, disclosed pursuant to paragraph 98(2), is, as specified in paragraph 3L(10), a contingency of this Agreement. Any assumption of the lease shall not require any financial obligation or contribution by Seller. Seller, after first Delivering a Notice to Buyer to Perform, may cancel this Agreement if Buyer, by the time specified in paragraph 3L(10), refuses to enter into any necessary written agreements to accept responsibility for all obligations of Seller-disclosed leased or liened items.
K. REMOVAL OR WAIVER OF CONTINGENCIES WITH OFFER: Buyer shall have no obligation to remove a contractual contingency unless Seller has provided all required documents, reports, disclosures, and information pertaining to that contingency. If Buyer does remove a contingency without first receiving all required information from Seller, Buyer is relinquishing any contractual rights that apply to that contingency. If Buyer removes or waives any contingencies without an adequate understanding of the Property's condition or Buyer's ability to purchase, Buyer is acting against the advice of Agent. " /1/;J / {=)
VLPA REVISED 7/24 (PAGE 5 OF 17) Buyer's Initials @ ___ Seller's Initials _'q~(t_, ~ -/ ___ ~~~':' VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 5 OF 17) Produced with Lone Wolf Transactions (zip Form Edition) 717 N Harwood St. Suite 2200, DaPas. TX 75201 wwwJwolf.com 020 Shasta Dam 108
Authentisign ID: 2612E18C-A576-EF11 -991A-002248299C60
Property Address: 020 Shasta Dam Blvd, Shasta Lake, CA 96019 Date: September 19, 2024 L. REMOVAL OF CONTINGENCY OR CANCELLATION:
(1) For any contingency specified in paragraph 3L, 8, or elsewhere Buyer shall, within the applicable period specified, remove the contingency or cancel this Agreement. (2) For the contingencies for review of Seller Documents. Preliminary Report, and Condominium/Planned Development Disclosures, Buyer shall, within the time specified in paragraph 3L or 5 Days after Delivery of the applicable Seller Documents, Preliminary Report, or Cl Disclosures, whichever occurs later, remove the applicable contingency in writing or cancel this Agreement.
(3) If Buyer does not remove a contingency within the time specified, Seller, after first giving Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), shall have the right to cancel this Agreement.
M. SALE OF BUYER'S PROPERTY: This Agreement and Buyer's ability to obtain financing are NOT contingent upon the sale of any property owned by Buyer unless the Sale of Buyer's Property (C.A.R. Form COP) is checked as a contingency of this Agreement in paragraph 3L(11).
9. ITEMS INCLUDED IN AND EXCLUDED FROM SALE:
A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the Multiple Listing Service (MLS), flyers, marketing materials, or disclosures are NOT included in the purchase price or excluded from the sale unless specified in this paragraph or paragraph 3P or as Otherwise Agreed. Any items included herein are components of the Property and are not intended to affect the price. All items are transferred without Seller warranty.
B. ITEMS INCLUDED IN SALE:
(1) All EXISTING fixtures and fittings that are attached to the Property; (2) LEASED OR LIENED ITEMS AND SYSTEMS: Seller, within the time specified in paragraph 3N(1), shall (i) disclose to Buyer if any item or system specified in paragraph 3P or 9B or otherwise included in the sale is leased, or not owned by Seller, or is subject to any maintenance or other ongoing financial obligation, or specifically subject to a lien or other encumbrance or loan, and (ii) Deliver to Buyer all written materials (such as lease. warranty, financing, etc.) concerning any such item.
(3) Seller represents that all items included in the purchase price, unless Otherwise Agreed, (i) are owned by Seller and shall be transferred free and clear of liens and encumbrances. except the items and systems identified pursuant to paragraph 98(2), and (ii) are transferred without Seller warranty regardless of value. Seller shall cooperate with the identification of any software or applications and Buyer's efforts to transfer any services needed to operate any Smart Home Features or other items included in this Agreement, including, but not limited to, utilities or security systems. (4) A complete inventory of all personal property of Seller currently used in the operation of the Property and included in the purchase price shall be delivered to Buyer within the time specified in paragraph 3N(1 ). (5) Seller shall deliver title to the personal property by Bill of Sale, free of all liens and encumbrances, and without warranty of condition.
(6) As additional security for any note in favor of Seller for any part of the purchase price, Buyer shall execute a UCC-1 Financing Statement to be filed with the Secretary of State, covering the personal property included in the purchase, replacement thereof, and insurance proceeds.
C. ITEMS EXCLUDED FROM SALE: Unless Otherwise Agreed, all items specified in paragraph 3P(2) are excluded from the sale.
10. ALLOCATION OF COSTS
A. INSPECTIONS, REPORTS, TESTS, AND CERTIFICATES: Paragraphs 30(1), (2), (3), and (13) only determines who is to pay for the inspection, report, test, certificate or service mentioned; it does not determine who is to pay for any work recommended or identified in any such document. Agreements for payment of required work should be specified elsewhere in paragraph 3Q, or 3S, or in a separate agreement (such as C.A.R. Forms RR, RRRR, ADM or AEA). Any reports in these paragraphs shall be Delivered in the time specified in Paragraph 3N(1 ).
B. GOVERNMENT POINT OF SALE REQUIREMENTS: Point of sale inspections and reports refer to any such actions required to be completed before or after Close Of Escrow that are required in order to close under any Law. If any point of sale requirement requires repairs, retrofits or additional costs beyond an inspection or report, further written agreement regarding costs is required.
If an agreement is reached, and unless Parties Otherwise Agree to another time period, any such repair, retrofit, or work shall be completed prior to final verification of Property. If Buyer agrees to pay for any portion of such repair, Buyer, shall (i) directly pay to the vendor completing the repair or (ii) provide an invoice to Escrow Holder, deposit funds into escrow sufficient to pay for Buyer's portion of such repair and request Escrow Holder pay the vendor completing the repair. If agreement is not reached within the time for removing the Buyer Investigation contingency, then either party may cancel the Agreement.
11. SELLER DISCLOSURES:
A. WITHHOLDING TAXES: Buyer and Seller hereby instruct Escrow Holder to withhold the applicable required amounts to comply with federal and California withholding Laws and forward such amounts to the Internal Revenue Service and Franchise Tax Board, respectively. However, no federal withholding is required if, prior to Close Of Escrow, Seller Delivers (i) to Buyer and Escrow Holder a fully completed affidavit (CAR. Form AS) sufficient to avoid withholding pursuant to federal withholding Law (FIRPTA); OR (ii) to a qualified substitute (usually a title company or an independent escrow company) a fully completed affidavit (C.A.R. Form AS) sufficient to avoid withholding pursuant to federal withholding Law AND the qualified substitute Delivers to Buyer and Escrow Holder an affidavit signed under penalty of perjury (C.A.R. Form QS) that the qualified substitute has received the fully completed Seller's affidavit and the Seller states that no federal withholding is required; OR (iii) to Buyer other documentation satisfying the requirements under Internal Revenue Code§ 1445 (FIRPTA). No withholding is required under California Law if, prior to Close Of Escrow, Escrow Holder has received sufficient documentation from Seller that no withholding is required, and Buyer has been informed by Escrow Holder.
B. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to § 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Agent are required to check this website. If Buyer wants further information, Agent recommends that Buyer obtain information from this website during Buyer's investigation contingency period. Agents do not have expertise in this area.) VLPA REVISED 7/24 (PAGE 6 OF 17) Buyer's Initials @ _ _ _ Seller's Initials VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 6 OF 17) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St. Suite 2200, Dallas, TX 75201 www !wolf com 0Z0 Shasta Dam 109 Authentisign ID: 2612E18C-A576-EF11 -991A-002248299C60
Property Address: 020 Shasta Dam Blvd, Shasta Lake, CA 96019 Date: September 19, 2024 C. N(?TICE REGAR~ING G~S AND HAZARDOUS Ll~UID TRANSMISSION PIPELINES: This notice is being provided simply to m~orn_i you that _information about th~ general location of gas and hazardous liquid transmission pipelines is available to the public via t~e National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Website. (Neither Seller nor Agent are required to check this website. If Buyer wants further information, Agent recommends that Buyer obtain information from this website during Buyer's investigation contingency period. Agents do not have expertise in this area.) D. NATURAL AND ENVIRONMENTAL HAZARDS: Seller shall, within the time specified in paragraph 3N(1), if required by Law:
(i) Deliver to Buyer the earthquake guide and environmental hazards booklet, and for all residential property with 1-4 units and any manufactured or mobile home built before January 1, 1960, fully complete and Deliver the Residential Earthquake Risk Disclosure Statement; and (ii) even if exempt from the obligation to provide a NHD, disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and (iii) disclose any other zone as required by Law and provide any other information required for those zones.
E. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES:
(1) Seller shall, within the time specified in paragraph 3N(1), disclose to Buyer whether the Property is a condominium or is located in a planned development, other common interest development, or otherwise subject to covenants, conditions, and restrictions (C.A.R. Form SPQ or ESD).
(2) If the Property is a condominium or is located in a planned development or other common interest development with a HOA, Seller shall, within the time specified in paragraph 3N(3), order from, and pay any required fee as specified in paragraph 3Q(9) for the following items to the HOA (C.A.R. Form HOA-IR): (i) Copies of any documents required by Law (CAR. Form HOA-RS); (ii) disclosure of any pending or anticipated claim or litigation by or against the HOA; (iii) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; (v) the names and contact information of all HOAs governing the Property; (vi) pet restrictions; and (vii) smoking restrictions ("Cl Disclosures"). Seller shall itemize and Deliver to Buyer all Cl Disclosures received from the HOA and any Cl Disclosures in Seller's possession. Seller shall, as directed by Escrow Holder, deposit funds into escrow or direct to HOA or management company to pay for any of the above.
F. SOLAR POWER SYSTEMS: For properties with any solar panels or solar power systems, Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer all known information about the solar panels or solar power system. Seller shall use the Solar Advisory and Questionnaire (CAR. Form SOLAR).
G. ADDITIONAL DISCLOSURES: Within the time specified in paragraph 3N(1), if Seller has actual knowledge, Seller shall provide to Buyer, in writing, the following information:
(1) LEGAL PROCEEDINGS: Any lawsuits by or against Seller, threatening or affecting the Property, including any lawsuits alleging a defect or deficiency in the Property or common areas, or any known notices of abatement or citations filed or issued against the Property.
(2) AGRICULTURAL USE: Whether the Property is subject to restrictions for agricultural use pursuant to the Williamson Act (Government Code§§ 51200-51295).
(3) DEED RESTRICTIONS: Any deed restrictions or obligations. (4) FARM USE: Whether the Property is in, or adjacent to, an area with Right to Farm rights (Civil Code§ 3482.5 and§ 3482.6). (5) ENDANGERED SPECIES: Presence of endangered, threatened, "candidate" species, or wetlands on the Property. (6) ENVIRONMENTAL HAZARDS: Any substances, materials, or products that may be an environmental hazard including, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, and contaminated soil or water on the Property. (7) COMMON WALLS: Any features of the Property shared in common with adjoining landowners, such as walls, fences, roads, and driveways, and agriculture and domestic wells whose use or responsibility for maintenance may have an effect on the Property.
(8) LANDLOCKED: The absence of legal or physical access to the Property. (9) EASEMENTS/ENCROACHMENTS: Any encroachments, easements, or similar matters that may affect the Property. (10) SOIL FILL: Any fill (compacted or otherwise), or abandoned mining operations on the Property. (11 ) SOIL PROBLEMS: Any slippage, sliding, flooding, drainage, grading, or other soil problems. (12) EARTHQUAKE DAMAGE: Major damage to the Property of any of the structures from fire, earthquake, floods, or landslides. (1 3) ZONING ISSUES: Any zoning violations, non-conforming uses, or violations of "setback" requirements. (1 4) NEIGHBORHOOD PROBLEMS: Any neighborhood noise problems, or other nuisances. (1 5) SURVEY, PLANS, PERMITS AND ENGINEERING DOCUMENTS: If in Seller's possession, Copies of surveys, plans, specifications, permits and approvals, development plans, licenses, and engineering documents, if any, prepared on Seller's behalf on in Seller's possession.
(16) VIOLATION NOTICES: Seller shall disclose any notice of violations of any Law filed or issued against the Property.
H. MELLO-ROOS TAX; 1915 BOND ACT: Within the time specified in paragraph 3N(1), Seller shall: (i) make a good faith effort to obtain a notice from any local agencies that levy a special tax or assessment on the Property (or, if allowed, substantially equivalent notice), pursuant to the Mello-Roos Community Facilities Act, and Improvement Bond Act of 1915, and (ii) promptly Deliv~r to Buyer any such notice obtained. I. KNOVVN MATERIAL FACTS: Seller shall, within the time specified in paragraph 3N(1}, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, including, but not limited to, known insurance claims within the past five years, or provide Buyer with permission to contact insurer to get such information (C.A.R. Form ARC), and make any and all other discldsures required by Law. J. SELLER VACANT LAND QUESTIONNAIRE: Seller shall, within the time specified in paragraph 3N(1), complete and provide Buye~ with a Seller Vacant Land Questionnaire (CAR. Form VLQ).
K. SUBSEQUENT DISCLOSURES: In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information, or representations previously provided to Buyer, Seller shall promptly Deliver a subsequent or amended disclosure or notice, in writing, covering those items.
However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies of whic~ Buyer is otherwise aware or which are disclosed in reports provided to or obtained by Buyer or ordered and paid for by Buyer.
VLPA REVISED 7/24 (PAGE 7 OF 17) Buyer's Initials @ ___ Seller's Initials ~ / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 7 OF 17) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200. Dallas, TX 75201 www !wolf Shasta D am 110
Authentisign ID: 2612E18C-A576-EF11-991A--002248299C60
Property Address: 020 Shasta Dam Blvd, Shasta Lake, CA 96019 Date: September 19, 2024
12. TENANCY RELATED DISCLOSURES: Within the time specified in paragraph 3N(1), and subject to Buyer's right of review, Seller shall disclose, make available or Deliver, as applicable, to Buyer, the following information:
A. RENTAUSERVICE AGREEMENTS: (i) All current leases, rental agreements, service contracts, and other agreements pertaining to the operation of the Property; (ii) A rental statement including names of tenants, rental rates, period or rental, date of last rent increase, security deposits, rental concessions, rebates or other benefits, if any, and a list of delinquent rents and their duration. Seller represents that no tenant is entitled to any rebate, concession, or other benefit, except as set forth in these documents. Seller represents that the documents to be furnished are those maintained in the ordinary and normal course of business.
B. INCOME AND EXPENSE STATEMENTS: If checked in paragraph 3R, the books and records for the Property, if any, including a statement of income and expense for the 12 months preceding Acceptance. Seller represents that the books and records are those maintained in the ordinary and nonnal course of business and used by Seller in the computation of federal and state income tax returns.
C. TENANT ESTOPPEL CERTIFICATES: If checked in paragraph 3R, Tenant Estoppel Certificates (C.A.R. Form TEC). Tenant Estdppel Certificates shall be completed by Seller or Seller's agent and delivered to tenant(s) for tenant(s) to sign and acknowledge: (i) that tenant(s)' rental or lease agreements are unmodified and in full force and effect, (or if modified, stating all such modifications); (ii) that no lessor defaults exist; and (iii) stating the amount of any prepaid rent or security deposit. Seller shall exercise good faith to obtain tenant(s)' signature(s), but Seller cannot guarantee tenant(s)' cooperation. In the event Seller cannot obtain signed Tenant Estoppel Certificates within the time specified above, Seller shall notify Buyer and provide the unsigned one that was provided to tenant(s). If, after the time specified for Seller to Deliver the TEC to Buyer, any tenant(s) sign ,and return a TEC to Seller, Seller shall Deliver that TEC to Buyer.
D. SELLER REPRESENTATIONS: Unless otherwise disclosed under paragraph 11, paragraph 12, or under any disclosure Delivered to Buyer:
(1) Seller represents that Seller has no actual knowledge that any tenant(s): (i) has any current pending lawsuit(s), investigation(s), lnquiry(ies), action(s), or other proceeding(s) affecting the Property of the right to use and occupy it; (ii) has any unsatisfied mechanics or materialman lien(s) affecting the Property; and (iii) is the subject of a bankruptcy. If Seller receives any such notice, prior to Close Of Escrow, Seller shall immediately notify Buyer. (2) Seller represents that no tenant is entitled to any rebate, concessions, or other benefit, except as set forth in the rental service agreements.
(3) Seller represents that the documents to be furnished are those maintained in the ordinary and nonnal course of business and the income and expense statements are and used by Seller in the computation of federal and state income tax returns.
13. CHANGES DURING ESCROW:
A. Prior to Close Of Escrow, Seller may engage in the following acts ("Proposed Changes"), subject to Buyer's rights in paragraph 13B: (i) rent or lease any vacant unit or other part of the premises; (ii) alter, modify, or extend any existing rental or lease agreement; (iii) enter into, alter, modify, or extend any service contract(s); or (iv) change the status of the condition of the Property.
B. ( 1) At least 7 Days prior to any Proposed Changes, Seller shall Deliver written notice to Buyer of such Proposed Change (2) Within 5 Days after receipt of such notice, Buyer, in writing, may give Seller notice of Buyer's objection to the Proposed Changes in which case Seller shall not make the Proposed Changes.
14. SECURITY DEPOSITS: Security deposits, if any, to the extent they have not been applied by Seller in accordance with any rental agreement and current Law, shall be transferred to Buyer on Close Of Escrow. Seller shall notify each tenant, in compliance with the California Civil Code.
15. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY:
A. Buyer shall, within the time specified in paragraph 3L(5), have the right, at Buyer's expense unless Otherwise Agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyer Investigations").
B. Buyer Investigations include, but are not limited to:
(1) Inspections regarding any physical attributes of the Property or items connected to the Property, such as:
(A) A general inspection.
(B) An inspection for lead-based paint and other lead-based paint hazards. (C) An inspection specifically for wood destroying pests and organisms. Any inspection for wood destroying pests and organisms shall be prepared by a registered Structural Pest Control company; shall cover the main building and attached structures; may cover detached structures; shall NOT include water tests of shower pans on upper level units unless the owners of property below the shower consent; shall NOT include roof coverings; and, if the Property is a unit in a condominium or other common interest subdivision, the inspection shall include only the separate interest and any exclusive-use areas being transferred, and shall NOT include common areas; and shall include a report ("Pest Control Report") showing the findings of the company which shall be separated into sections for evident infestation or infections (Section 1) and for conditions likely to lead to infestation or infection (Section 2). (D) A phase one environmental survey, paid for and obtained by the party indicated in paragraph 3Q(2). If Buyer is responsible for obtaining and paying for the survey, Buyer shall act diligently and in good faith to obtain such survey within the time specified in paragraph 3L(5). Buyer has 5 Days after receiving the survey to remove this portion of the Buyer's Investigation contingency.
(E) Any other specific inspections of the physical condition of the land and improvements. (2) Buyer Investigations of any other matter affecting the Property, other than those that are specified as separate contingencies. Buyer Investigations do not include, among other things, an assessment of the availability and cost of general homeowner's insurance, flood insurance, and fire insurance. See, Buyer's Vacant Land Additional Inspection Advisory (C.A.R. Form BVLIA) for more.
C. Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (i) invasive or destructive Buyer Investigations, except for minimally invasive testing required to prepare a Pest Control Report, which shall not include any holes or drilling through stucco or similar material; or (ii) inspections by any governmental building or zoning inspector or government employee, unless required by Law.
D. Seller shall make the Property available for all Buyer Investigations. Seller is not obligated to move any existing personal property.
Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession is delivered to Buyer. Buyer shall, (i) by the time specified in paragraph 3L(5), complete Buyer Investigations and satisfy themselves as to the condition of the Property, and either remove the contingency or cancel this Agreement, and (ii) by the time specified in paragraph 3L(5) or 3 Days after receipt of any Investigation report, whichever is later, give Seller at no cost, complete Copies of all such reports obtained by Buyer, which obligation shall survive the termination of this Agreement. This Delivery of Investigation reports shall not include any appraisal. _ ~ VLPA REVISED 7/24 (PAGE 8 OF 17) Buyer's Initials ~ ___ Seller's Initials ~ ,~;~';" VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 8 OF 17) Produced with Lone Wolf Transactions (zipFom, Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www !wolf com 020 Shasta D a111 m Authentisign ID: 2612E18C-A576-EF11-991A--002248299C60
Property Address: 020 Shasta Dam Blvd, Shasta Lake, CA 96019 Date: September 19, 2024 E. ~uyer indemi:iity and Seller protection for entry upon the Property: Buyer shall: (i) keep the Property free and clear of l!en~; (ii) rE:pa,r all damage arising from Buyer Investigations; and (iii) indemnify and hold Seller harmless from all resulting habrhty, claims, demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a "Notice of Non-Responsibility" (C.A.R. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement.
F. BUYER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE
PROPERTY AND ALL MATTERS AFFECTING THE VALUE OR DESIRABILITY OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE ITEMS SPECIFIED BELOW. IF BUYER DOES NOT EXERCISE THESE RIGHTS, BUYER IS ACTING AGAINST THE ADVICE OF BROKERS. BUYER UNDERSTANDS THAT ALTHOUGH CONDITIONS ARE OFTEN
DIFFICULT TO LOCATE AND DISCOVER, ALL REAL PROPERTY CONTAINS CONDITIONS THAT ARE NOT READILY APPARENT AND THAT MAY AFFECT THE VALUE OR DESIRABILITY OF THE PROPERTY. BUYER AND SELLER ARE
AWARE THAT BROKREES DO NOT GUARANTEE, AND IN NO WAY ASSUME RESPONSIBILITY FOR, THE CONDITION OF THE PROPERTY. BROKERS HAVE NOT AND WILL NOT VERIFY ANY OF THE ITEMS IN PARAGRAPH 15, UNLESS OTHERWISE AGREED IN WRITING.
G. SIZE, LINES, ACCESS, AND BOUNDARIES: Lot size, property lines, legal or physical access, and boundaries including features of the Property shared in common with adjoining landowners, such as walls, fences, roads, and driveways, whose use or responsibility for maintenance may have an effect on the Property and any encroachments, easements, or similar matters that I may affect the Property. (Fences, hedges, walls, and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. Property lines may be verified by survey.) (Unless otherwise specified in writing, any nufT]erical statements by Brokers regarding lot size are APPROXIMATIONS ONLY, which have not been and will not be verified, and should not be relied upon by Buyer_)
H. ZONING AND LAND USE: Past, present, or proposed laws, ordinances, referendums, initiatives, votes, applications, and permits affecting the current use of the Property, future development, zoning, building, size, governmental permits and inspections. Any zoning violations, non-conforming uses, or violations of "setback' requirements. (Buyer should also investigate whether these matters affect Buyer's intended use of the Property.
I. UTILITIES AND SERVICES: Availability, costs, restrictions, and location of utilities and services, including but not limited to, sewerage, sanitation, septic and leach lines, water, electricity, gas, telephone, cable TV, and drainage. J. 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, including mold (airborne, toxic, or otherwise), fungus or similar contaminant, materials, products, or conditions.
K. GEOLOGIC CONDITIONS: Geologic/seismic conditions, soil and terrain stability, suitability and drainage including slippage, sliding, flooding, drainage, grading, fill (compacted or otherwise), or other soil problems.
L. NATURAL HAZARD ZONE: Special Flood Hazard Areas, Potential Flooding (Inundation) Areas, Very High Hazard Zones, State Fire Responsibility Areas, Earthquake Fault Zones, Seismic Hazard Zones, or any other zone for which disclosure is required by Law.
M. PROPERTY DAMAGE: Major damage to the Property of any of the structures or non-structural systems and components and any personal property included in the sale from fire, earthquake, floods, landslides, or other causes.
N. NEIGHBORHOOD, AREA, AND PROPERTY CONDITIONS: Neighborhood or are conditions, including Agricultural Use Restrictions pursuant to the Williamson Act (Government Code §§ 51200-51 295), Right to Farm Laws (Civil Code § 3482.5 and § 3482.6), schools, proximity and adequacy of law enforcement, crime statistics, the proximity of registered felons or offenders, 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 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, abandoned mining operations on the Property, 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 Owners' Association requirements, conditions, and influences of significance to certain cultures and/or religions, and personal needs, requirements, and preferences of Buyer.
0. COMMON INTEREST SUBDIVISIONS; OWNER ASSOCIATIONS: Facilities and condition of common areas (facilities such as pools, tennis courts, walkways, or other areas co-owned in undivided interest with others), Owners' Association that has any authority over the subject property, CC&Rs, or other deed restrictions or obligations, and possible lack of compliance with any Owners' Association requirements.
P. SPECIAL TAX: Any local agencies that levy a special tax on the Property pursuant to the Mello-Roos Community facilities Act or Improvement Bond Act of 1915. Q. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants, and the right of landlord to terminate a tenancy. R. MANUFACTURED HOME PLACEMENT: Conditions that may affect the ability to place and use a manufactured home on the Property.
16. TITLE AND VESTING:
A. Buyer shall, within the time specified in paragraph 3N(1), be provided a current Preliminary Report by the person responsible for paying for the title report in paragraph 3Q(5). If Buyer is responsible for paying, Buyer shall act diligently and in good faith to obtain such Preliminary Report within the time specified. The Preliminary Report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. The company providing the Preliminary Report shall, prior to issuing a Preliminary Report, conduct a search of the General Index for all Sellers except banks or other institutional lenders selling properties they acquired through foreclosure (REOs), corporations, and government entities.
B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for: (i) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (ii) those matters which Seller has agreed to remove in writing. For any lien or matter not being transferred upon sale, Seller will take necessary action to deliver title free and clear of such lien or matter.
C. Seller shall within 7 Days after request, give Escrow Ho~er J cessary information to clear .
VLPA REVISED 7/24 (PAGE 9 OF 17) Buyer's Initials jJ. I ___ Seller's Initials~ 0 /
VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 9 OF 17) Produced with Lone WolfTransactions (zipForm Ed~ion) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www !wolf com 020 Shasta D am 112
Authentisign ID: 2612E18C-A576-EF11-991A-002248299C60
Property Address: 020 Shasta Dam Blvd, Shasta Lake, CA 96019 Date: September 19, 2024 D. Seller shall, within the time specified in paragraph 3N(1), disclose to Buyer all matters known to Seller affecting title, whether of record or not.
E. If Buyer is a legal entity and the Property purchase price is at least $300,000 and the purchase price is made without a bank loan or similar form of external financing, a Geographic Targeting Order (GTO) issued by the Financial Crimes Enforcement Network, U.S. Department of the Treasury, requires title companies to collect and report certain information about the Buyer, depending on where the Property is located. Buyer agrees to cooperate with the title company's effort to comply with the GTO.
F. Buyer shall, after Close Of Escrow, receive a recorded grant deed or any other conveyance document required to convey title (For example, for stock cooperative or tenancy in common, respectively, an assignment of stock certificate or assignment of seller's interest in the real property), 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 post-closing mailing address to enable Buyer's receipt of the recorded conveyance document from the County Recorder. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL.
G. Buyer shall receive a Standard Coverage Owner's Cl TA policy of title insurance. An ALTA policy or the addition of endorsements may provide greater coverage for Buyer. A title company, at Buyer's request, can provide information about the availability, desirability, coverage, and cost of various title insurance coverages and endorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and shall pay any increase in cost.
17. 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-B, 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 ("Reports") for which Seller is responsible as specified in paragraphs 9B(2), 10, 11 A, 11 D-J, 12A, 12B, 12C, 16A, 16D, and 36.
B. BUYER REVIEW OF DOCUMENTS; REPAIR REQUEST; CONTINGENCY REMOVAL OR CANCELLATION (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(2), and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property. (2) Buyer may, within the time specified in paragraph 3L(5), 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-8 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.
(4) Continuation of Contingency: Even after the end of the time specified in paragraph 3L and before Seller cancels, if at all, pursuant to paragraph 17C, Buyer retains the right, in writing, to either (i) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyer's written removal of all contingencies is Delivered to Seller, Seller may not cancel this Agreement pursuant to paragraph 17C(1).
C. SELLER RIGHT TO CANCEL:
(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, 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 required by paragraph 30(1) or 3D(2) or if the funds deposited pursuant to paragraph 3D(1) or 3D(2) are not good when deposited; (ii) Deliver updated contact information for Buyer's lender(s) as required by paragraph 5C(3); (iii) Deliver verification, or a satisfactory verification if Seller reasonably disapproves of the verification already provided, as required by paragraph SB or 6A; (iv) Deliver a letter as required by paragraph 68; (v) In writing assume or accept leases or liens specified in paragraph SJ; (vi) Cooperate with the title company's effort to comply with the GTO as required by paragraph 16E; (vii) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraph 5A(2) and 37; (viii) Provide evidence of authority to Sign in a representative capacity as specified in paragraph 36; or (ix) 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 allocated to Seller in this Agreement and already paid by Escrow prior to cancellation of this Agreement and notification to Escrow. (3) SELLER RIGHT TO CANCEL; SELLER CONTINGENCIES: Seller may cancel this Agreement by good faith exercise of any Seller contingency included in this Agreement, or Otherwise Agreed, so long as that contingency has not already been removed or waived in writing.
D. 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 applicable contingency or cancellation of this Agreement, then Buyer, after first Delivering to Seller a Notice to Seller to Perform (C.A.R. Form NSP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees allocated to Seller in the Agreement and already paid by Escrow prior to cancellation of this Agreement and notification to Escrow. (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 to Seller a Notice to Seller to Perform, may cancel this Agreement. (3) BUYER RIGHT TO CANCEL; BUYER CONTINGENCIES: Buyer may cancel 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.
(~-:; i ,_//J, . G)i VLPA REVISED 7/24 (PAGE 10 OF 17) Buyer's lnitiats lE:J ~=~-' _ __ Seller's lni/ials ~ ___ =~~::; VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTl~NS (VLPA PAGE 10 OF 17) Produced with Lone Wolf Transactions (zipForm Edmon) 717 N Harwood St, Suite 2200, Dallas. TX 7520 www lwojf com 020 Shasta Dam 113
Authentisign ID: 2612E18C-A576-EF11 -991A-002248299C60
Property Address: 020 Shasta Dam Blvd, Shasta Lake, CA 96019 Date: September 19, 2024 E. N(?'!ICE_!O BU_YER OR SELLE~ TO PERFORM: The Notic';l_,to ~uyer to Perform or Notice to Seller to Perform shall: (i) be in ~ntmg; (11) be ~1gned by _the applicable Buyer_or Seller; and (111) give the other Party at least 2 Days after Delivery (or until the specified m 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 this Agreement or meet an obligation specified in paragraph 17, except for Close of Escrow which shall be Delivered under the terms of paragraph 17G, whether or not the Scheduled Performance Day falls on a Saturday, or 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 shall 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 conclusively 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, disclosures 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) REMOVAL OF SELLER CONTINGENCIES: If Seller removes any contingency or cancellation rights, unless Otherwise Agreed, Seller shall conclusively be deemed to have: (i) satisfied themselves regarding such contingency, (ii) elected to proceed with the transaction; and (iii) given up any right to cancel this Agreement based on such contingency.
G. DEMAND TO CLOSE ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement, Buyer or Seller must first Deliver to the other Party a Demand to Close Escrow (C.A.R.
Form DCE). The DCE shall: (i) be Signed by the applicable Buyer or Seller; and (ii) give the other Party at least 3 Days after Delivery to close escrow. A DCE may not be Delivered any earlier than 3 Days prior to the Scheduled Performance Day for the Close Of Escrow. If a DCE is incorrectly Delivered or specifies a time less than the agreed time, the DCE shall be deemed invalid and void and Seller or Buyer shall be required to Deliver a new DCE.
H. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign and Deliver mutual instructions to cancel the sale and escrow and release deposits, if any, to the Party entitled to the funds, less (i) fees and costs paid by Escrow Holder on behalf of that Party, if required by this Agreement; and (ii) any escrow 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 $1,000 for refusal to Sign cancellation instructions if no good faith dispute exists as to which Party is entitled to the deposited funds (Civil Code§ 1057.3). Note: Neither Agents nor Escrow Holder are qualified to provide any opinion on whether either Party has acted in good faith or which Party is entitled to the deposited funds. Buyer and Seller are advised to seek the advice of a qualified California real estate attorney regarding this matter.
18. REPAIRS: Repairs shall be completed prior to final verification of condition unless Otherwise Agreed. Repairs to be performed at Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. Buyer acknowledges that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (i) obtain invoices and paid receipts for Repairs performed by others; (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of invoices and paid receipts and statements to Buyer prior to final verification of condition.
19. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final verification of the Property condition within the time specified in paragraph 3J, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuant to paragraph 7B; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller's other obligations under this Agreement (CAR. Form VP).
20. PRORATION$ OF PROPERTY TAXES AND OTHER ITEMS: Unless Otherwise Agreed, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, Seller rental payments, HOA regular 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 Special 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 after Close Of Escrow, by Buyer; and (ii) for periods prior to Close Of Escrow, by Seller (see C.A.R.
Form SPT or SBSA for further information). Seller agrees all service fees, maintenance costs and utility bills will be paid current up and through the date of Close Of Escrow. TAX BILLS AND UTILITY BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month. 21 . BROKERS AND AGENTS:
A. 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. 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. If Seller agrees to pay the obligation of Buyer to compensate Buyer's Broker (see paragraph 3G(3)), Seller shall be entitled to a copy of the portion of the written compensation agreement between Buyer and Buyer's Broker identifying the compensation to be paid. See C.A.R.
Form SPBB for further information.
VLPA REVISED 7/24 (PAGE 11 OF 17) Buyer's Initials ~ Seller's lnihals ~--(" 1 --- I ---
VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTlp Ns (VLPA PAGE 11 OF 17) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St. Suite 2200, Dallas, TX 75201 www !wolf com 020 Shasta Dam I
114
Authentisign ID: 2612E1BC-A576-EF11-991A--002248299C60
Property Address: 020 Shasta Dam Blvd, Shasta Lake, CA 96019 Date: September 19, 2024 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, services, 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 title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (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 tax advice regarding any aspect of 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.
C. BROKERAGE: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed real estate broker (individual or corporate), agent, finder, or other entity, other than as specified in this Agreement, in connection with any act relating to the Property, including, but not limited to, inquiries, introductions, consultations, and negotiations leading to this Agreement. Buyer and Seller each agree to indemnify and hold the other, the Brokers specified herein and their agents, harmless from and against any costs, expenses or liability for compensation claimed inconsistent with the warranty and representation in this paragraph.
22. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER:
A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3A, 3B, 3D-G, 3N(2), 3Q, 3S, 4A, 4B, 5A(1-2), 5D, 5E, 11A, 11E(2), 16 (except 16D), 17H, 20, 21A, 22, 26, 32, 35, 36, 40, and 41. If a Copy of the separate compensation agreement(s) provided for in paragraph 21A 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).
The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned.
B. Buyer and Seller will receive Escrow Holder's general provisions, if any, directly from Escrow Holder. To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller shall Sign and return Escrow Holder's general provisions or supplemental instructions within the time specified in paragraph 3N(2). Buyer and Seller shall execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within 3 Days, shall pay to Escrow Holder or HOA or HOA management company or others any fee required by paragraphs 3, 8, 11, or elsewhere in this Agreement.
C. 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 11A, Escrow Holder shall deliver to Buyer, Buyer's Agent, and Seller's Agent a Qualified Substitute statement that complies with federal Law. If Escrow Holder's Qualified Substitute statement does not comply with federal law, the Parties instruct escrow to withhold all applicable required amounts under paragraph 11A.
D. Agents are not a party to the escrow except for the sole purpose of receiving compensation pursuant to paragraph 21A. If a Copy of the separate compensation agreement(s) 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). Escrow Holder shall provide to Buyer and Seller, either jointly or separately, a closing statement or other written documentation showing the amount of compensation paid to, respectively, Buyer's Broker and Seller's Broker. Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 21A, 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 with 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.
E. Buyer and Seller acknowledge that Escrow Holder may require invoices for expenses under this Agreement. Buyer and Seller, upon request by Escrow Holder, within 3 Days or within a sufficient time to close escrow, whichever is sooner, shall provide any such invoices to Escrow Holder.
F. Upon receipt, Escrow Holder shall provide Buyer, Seller, and each Agent verification of Buyer's deposit of funds pursuant to paragraph 5A(1) and 5A(2). 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. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days after mutual execution of the amendment.
23. 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.
24. MULTIPLE LISTING SERVICE ("MLS"): Agents are authorized to report to the MLS that an offer has been accepted and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. Buyer acknowledges that: (i) any pictures, videos, floor plans (collectively, "Images") or other information about the Property that has been or will be inputted into the MLS or internet portals, or both, at the instruction of Seller or in compliance with MLS rules, will not be removed after Close Of Escrow; (ii) California Civil Code§ 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, Seller's Agent, Buyer's Agent, and MLS have no obligation or ability to remove such Images or info~'on from the Internet. r;~ 1 -~ G:t
VLPA REVISED 7/24 (PAGE 12 OF 17) Buyer's Initials ll:::J~~~ ___ Seller's Initials I..) , I ___ =:ru"':;' VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 12 OF 17) Produced with Lone WolfTransacfons (zipFonn Edition) 717 N Harwood St, Su~e 2200, Dallas, TX 75201 WWW !wolf com 020 Shasta Dam 115 Authentisign ID: 2612E18C-A576-EF11 -991A-002248299C60
Property Address: 020 Shasta Dam Blvd, Shasta Lake, CA 96019 Date: September 19, 2024
25. ATTORNEY FEES AND COSTS: In any action, proceeding, or arbitration 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 38A.
26. ASSIGNMENT/NOMINATION: Buyer shall have the right to assign all of Buyer's interest in this Agreement to Buyer's own trust or to any wholly owned entity of Buyer that is in existence at the time of such assignment. Otherwise, Buyer shall not assign all or any part of Buyer's interest in this Agreement without first having obtained the separate written consent of Seller to a specified assignee. Such consent shall not be unreasonably withheld. 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. Buyer shall provide assignee with all documents related to this Agreement including, but not limited to, the Agreement and any disclosures. If assignee is a wholly owned entity or trust of Buyer, 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 that assignee is prequalified or preapproved as specified in paragraph 68. Should assignee fail to deliver such a letter, Seller, after first giving Assignee an Notice to Buyer to Perform, shall have the right to terminate the assignment. Buyer shall, within the time specified in paragraph 3K, Deliver any request to assign this Agreement for Seller's consent. If Buyer fails to provide the required information within this time frame, Seller's withholding of consent shall be deemed reasonable. Any total or partial assignment shall not relieve Buyer of Buyer's obligations pursuant to this Agreement unless Otherwise Agreed by Seller (C.A.R. Form AOAA). 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.
27. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon, and inure to the benefit of, Buyer and Seller and their respective successors and assigns, except as otherwise provided herein.
28. ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seller acknowledge: (i) Federal, state, and local legislation impose liability upon existing and former owners and users of real property, in applicable situations, for certain legislatively defined, environmentally hazardous substances; (ii) Agent(s) has/have made no representation concerning the applicability of any such Law to this transaction or to Buyer or to Seller, except as otherwise indicated in this Agreement; (iii) Agent(s) has/have made no representation concerning the existence, testing, discovery, location, and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property; and (iv) Buyer and Seller are each advised to consult with technical and legal experts concerning the existence, testing, discover, location and evaluation of/for, and risks posed by, environmentally hazardous substances, in any, located on or potentially affecting the Property.
29. AMERICANS WITH DISABILITIES ACT: The Americans With Disabilities Act ("ADA") prohibits discrimination against individuals with disabilities. The ADA affects almost all commercial facilities and public accommodations. Residential properties are not typically covered by the ADA, but may be governed by its provisions if used for certain purposes. The ADA can require, among other things, that building be made readily accessible to the disabled. Different requirements apply to new construction, alterations to existing buildings, and removal of barriers in existing buildings. Compliance with the ADA may require significant costs. Monetary and injunctive remedies may be incurred if the Property is not in compliance. A real estate broker or agent does not have the technical expertise to determine whether a building is in compliance with ADA requirements, or to advise a principal on those requirements. Buyer and Seller are advised to contact a qualified California real estate attorney, contractor, architect, engineer, or other qualified professional of Buyer or Seller's own choosing to determine to what degree, if any, the ADA impacts that principal or this transaction. 30. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti-discrimination Laws.
31. COPIES: Seller and buyer each represent that Copies of all reports, certificates, approvals, and other documents that are furnished to the other are true, correct, and unaltered Copies of the original documents, if the originals are in the possession of the furnishing party. 32. DEFINITIONS and INSTRUCTIONS: The following 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.
B. "Agent" means the Broker, salesperson, broker-associate or any other real estate licensee licensed under the brokerage firm identified in paragraph 2B.
C. "Agreement" means this document and any counter offers and any incorporated addenda or amendments, collectively forming the binding agreement between the Parties. Addenda and amendments are incorporated only when Signed and Delivered by all Parties.
D. "As-ls" condition: Seller shall disclose known material facts and defects as specified in this Agreement. Buyer has the right to inspect the Property and, within the time specified, request that Seller make repairs or take other corrective action, or exercise any contingency cancellation rights in this Agreement. Seller is only required to make repairs specified in this Agreement or as Otherwise Agreed. E. "Authorized Agent" means an individual real estate licensee specified in the Real Estate Broker Section.
F. "C.A.R. Fonn" means the most current version of the specific form referenced or another comparable form agreed to by the Parties.
G. "Close Of Escrow", including "COE", means the date the grant deed, or other evidence of transfer of title, is recorded for any real property, or the date of Delivery of a document evidencing the transfer of title for any non-real property transaction.
H. "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 (C.A.R. form NBP) is Delivered at 3 pm on the 7th calendar day of the month, or Acceptance of a counter offer is personally received at 12 noon on the 7th calendar day of the month, then the 7th is Day "0" for purposes of counting days to respond to the NBP or calculating the Close Of Escrow date or contingency removal dates and the 8th of the month is Day 1 for those same purposes. (2) All calendar days are counted in establishing the first Day after an event. (3) All calendar days are counted in determining the date upon which performance must be completed, ending at 11 :59 pm on the last day for performance ("Scheduled Performance Day"). (4) After Acceptance, if the Scheduled Performance Day for any act required by this Agreement, including Close Of Escrow, lands on a Saturday, Sunday, or Legal Holiday, the performing party shall be allowed to perform on the next day that is not a Saturday, Sunday or Legal Holiday ("Allowable Performance Day"), and ending at 11 :59 pm. "Legal Holiday" shall mean any holiday or optional bank holiday under Civil Code §§ 7 and 7.1 and any holiday under Government 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 Agreement is closed, the COE shall occur on the next day the Recorder's office in that County, the lender, and the Escrow Holder are 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. HoweveL.Jiel ery of deposit to escrow is base o~ usiness days. 1"=} VLPA REVISED 7/24 (PAGE 13 OF 17) Buyer's Initials ?J.. I ___ Seller's Initials ~ ___ =~~~':' VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 13 OF 17) Produced with Lone Wott Transactions (zipform Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 020 Shasta Dam 116
Authentisign ID: 2612E18C-A576-EF11-991A-0D2248299C60
Property Address: 020 Shasta Dam Blvd, Shasta Lake, CA 96019 Date: September 19, 2024 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 the change in designated electronic delivery address to the other Party (C.A.R. Form DEDA). Links could be, for example, to DropBox or GoogleDrive 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 directly, Recipient of a link shall notify the sender in writing, within 3 Days after Delivery of the link (C.A.R. 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 Buyer 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. "Legally Authorized Signer" means an individual who has authority to Sign for the principal as specified in paragraph 40 or paragraph 41 .
0. "Otherwise Agreed" means an agreement in writing, signed by both Parties and Delivered to each.
P. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement.
Q, "Sign" or "Signed" means either a handwritten or Electronic Signature on an original document, Copy or any counterpart.
33. FAIR APPRAISAL ACT NOTICE:
A. Any appraisal of the property is required to be unbiased, objective, and not influenced by improper or illegal considerations, including, but not limited to, any of the following: race, color, religion (including religious dress. grooming practices, or both). gender (including, but not limited to, pregnancy, childbirth, breastfeeding, and related conditions, and gender identity and gender expression), sexual orientation, marital status, medical condition, military or veteran status, national origin (including language use and possession of a driver's license issued to persons unable to provide their presence in the United States is authorized under federal law), source of income, ancestry, disability (mental and physical, including, but not limited to, HIV/AIDS status, cancer diagnosis, and genetic characteristics), genetic information, or age.
B. If a buyer or seller believes that the appraisal has been influenced by any of the above factors, the seller or buyer can report this information to the lender or mortgage broker that retained the appraiser and may also file a complaint with the Bureau of Real Estate Appraisers at https://www2.brea.ca.gov/complainU or call (916) 552-9000 for further information on how to file a complaint.
34. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the terms and conditions herein. The individual 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 initial, a Counter Offer is required until 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 notification of 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.
35. TIME OF, ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the Parties are incorporated in this 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.
36. LEGALLY AUTHORIZED SIGNER: Wherever the signature or initials of the Legally Authorized Signer identified in paragraph 40 and 41 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 individual 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, as specified in paragraph 3N(4), 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), letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity).
37. LIQUIDATED DAMAGES:
If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT THE TIME OF ANY INCREASED DEPOSIT BUYER AND
SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION INCORPORATING THE INCREASED DEPOSIT AS LIQUIDATED DAll(l,91j:S (C.A.R. FORM DID). , ~ Buyer's Initials ~ /___ Seller's Initials ~ ~-~--
VLPA REVISED 7/24 (PAGE 14 OF 17) Buyer's Initials @ ___ Seller's Initials @ ___ I _ _.,,.,,,, VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 14 OF 17) Produced with Lone WoWTransacUons (zipform Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwolf com 020 Sha.•Ua D am 117 Authentisign ID: 261 2E18C-A576-EF11-991A-002248299C60
Property Address: 020 Shasta Dam Blvd, Shasta Lake, CA 96019 Date: September 19, 2024
38. MEDIATION:
A. The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. The mediation shall be conducted through the C.A.R. Real Estate Mediation Center for Consumers (www.consumermediation.org) or through any other mediation provider or service mutually agreed to by the Parties. The Parties also agree to mediate any disputes or claims with Agents(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Agent. Mediation fees, if any, shall be divided equally among the Parties involved, and shall be recoverable under the prevailing party attorney fees clause. If, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover 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.
B. ADDITIONAL MEDIATION TERMS: (i) Exclusions from this mediation agreement are specified in paragraph 398; (ii) The obligation to mediate does not preclude the right of either Party to seek a preservation of rights under paragraph 39C; and (iii) Agent's rights and obligations are further specified in paragraph 390.
39. ARBITRATION OF DISPUTES:
A. The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Agents(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Agent. The arbitration shall be conducted through any arbitration provider or service mutually agreed to by the Parties. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of transactional real estate Law experience, unless the Parties mutually agree to a different arbitrator. Enforcement of, and any motion to compel arbitration pursuant to, this agreement to arbitrate shall be governed by the procedural rules of the Federal Arbitration Act, and not the California Arbitration Act, notwithstanding any language seemingly to the contrary in this Agreement. The Parties shall have the right to discovery in accordance with Code of Civil Procedure § 1283.05. The arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction.
B. EXCLUSIONS: The following matters are excluded from mediation and arbitration: (i) Any matter that is within the jurisdiction of a probate, small claims or bankruptcy court; (ii) an unlawful detainer action; and (iii) a judicial or nonjudicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code § 2985.
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 concurrent 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 T~~ -.-~ RBITRATION OF DISPUTES' PROVISION TO NJEl1I~L ARBITRATION." Buyer's Initials ll:::J / ___ Seller's Initials ~ / __ _ VLPA REVISED 7/24 (PAGE 15 OF 17)
VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 15 OF 17) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200. Dallas, TX 75201 www !wolf com 020 Shasta D am 118
Authentisign ID: 2612E1 BC-A576-EF1 1-991A-002248299C60 Property Address: 020 Shasta Dam Blvd. Shasta Lake, CA 96019 Date: September 19, 2024
40. 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 Buyer's Authorized Agent. Seller has no obligation to respond to an offer made.
B. D ENTITY BUYERS: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure (C.A.R.
Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) One or more Buyers is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity. (2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not in an individual capacity. See paragraph 36 for additional terms.
(3) The name(s) of the Legally Authorized Signer(s) is/are:--,--~~~-----,---'---------- (4) A. If a trust, identify Buyer as trustee(s) of the trust or by 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, identify Buyer as executor or administrator, or by a simplified probate name (John Doe, executor, or Estate (or Conservatorship) of John Doe). (5) 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 #):
C. The VLPA has 17 pages. Buyer acknowledges receipt of, and has read and understands, every page and all attachments that make up the Agreement.
D. BUYER Sl~~2R~i)~ a
(Signature) By, ~ "# f ~ Date: 09/19/2024
Printed name of BUYER: City of Shasta Lake A Municipal Corporation D Printed Name of Legally Authorized Signer: _______________ Title, if applicable, ______ _ (Signature) By, _____________________________ Date: ___ __ _ Printed name of BUYER: ----------------------------------- □ Printed Name of Legally Authorized Signer: _______________ Title, if applicable, ______ _ 0 IF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (CAR. Form ASA).
41. 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.
D Seller Counter Offer (C.A.R. Form SCO or SMCO)
0 Back-Up Offer Addendum (CAR. Form 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) One or more Sellers is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity. (2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not in an individual capacity. See paragraph 36 for additional terms. \ .
(3) The name(s) of the Legally Authorized Signer(s) is/are: \ ltxl L :::J-Ll\..Yl (\ g, fu _, l ,fA __ J ... C)lL- . (4) A. If a trust, identify Seller as trustee(s) of the trust or by simplified trust name (ex. Jolin Doe, co-trustee, Jane Doe, cotrustee or Doe Revocable Family Trust).
B. If Property is sold under the jurisdiction of a probate court, identify Seller as executor or administrator, or by a simplified probate name (John Doe, executor, or Estate (or Conservatorship) of John Doe). (5) The following is the full name of the entity (if c;1 trust, enter the complete trust name; if under probate, enter full name of the estate, including case #): Ji Q sS e L10J::C to.., :£:s \:a,...-\:<L 1? \0,-v) :ii O:;:) \ C. The VLPA has 17 pages. Seller acknowledges receipt of, and has read and understands, every page and all attachments that make up the Agreement.
SELLER SIGNATUREfSJ:
(Signature) By, --'&tt--,,,<.e Date:
Printed name of SELLER: {'e,1'1 <9--
D Printed Name of Legally Authorized Signer: ______________ Title, if applicable, ______ _ (Signature) By, Date: _____ _
Printed name of SELLER: __________________________ _______ _ D Printed Name of Legally Authorized Signer: _____________ Title, if applicable, ______ _ 0 IF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (CAR. Form ASA).
OFFER NOT ACCEPTED: ___ / ___ No Counter Offer is being made. This offer was not accepted by Seller ____ (date) Seller's Initials
VLPA REVISED 7/24 (PAGE 16 OF 17)
VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 16 OF 17) Produced wrth Lone Wo" Transactions (zipFonTJ Edilion) 717 N Harwood St, Suite 2200. Dallas, TX 75201 www 1watt com 020 Shasta ~ EQUAL HOUSIN:i
OP90RTUNITY
119
Authentisi!J!l ID: 2612E18C-A576-EF1 1-991A-002248299C60 1-'roperty Address: 020 Shasta Dam Blvd, Shasta Lake, CA 96019 Date: September 19, 2024 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.
3. Presentation of Offer: Pursuant to the National Association of REAL TORS® 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. :~~ Wef~rp;Jter RELEVANT REAL ESTATE Dustin Foster DRE Lie.# 01709563DRE Lie.# 01~:::i : /19/2024 By ______________________ DRE Lie_# ________ Date ___ _ _ _ Address 2789 Bechelli Lane City Redding State CA Zip ~9_60~0_2 __ _ Email [email protected] Phone # _ ________ ___ _ D More than one agent from the same firm represents Buyer. Additional Agent Acknowledgement (C.A.R. Form AAA) attached.
D More than one brokerage firm represents Buyer. Additional Broker Acknowledgement (C.A.R. Form ABA) attached.
Designated Electronic Delivery Address(es): Email above or ____________ _________ _ D Attached DEDA: If Parties elect to have an alternative Delivery method, such method may be indicated on CAR. Form DEDA.
B. -'-'-"'=::--~'-'-'-'=-'-=11-= "-H'---- -----------DRE Lie.# 01 161168 _ _).~!;d~~"fL!t.:::::::___.t.~ ~ ~ ~ ~1:!::__!5K,!!at~ri!§·snha~A!!ra~m~b~ul ??./291M By DRE Lie.# _____ ___ Date _____ _
Address 2789 Bechelli Ln City Redding State CA Zip -=- 9-=-- 60"-'0'-"2'--- - - Email [email protected] Phone# "-' (5'-"3'-=0=)2=0~9'-2=1~6~9'---------- D More than one agent from the same firm represents Seller. Additional Agent Acknowledgement (CAR. Form AAA) attached.
D More than one brokerage firm represents Seller. Additional Broker Acknowledgement (C.A.R. Form ABA) attached.
Designated Electronic Delivery Address(es) (To be filled out by Seller's Agent): Email above or _____ ___ _ D Attached DEDA: If Parties elect to have an alternative Delivery method, such method may be indicated on CAR. Form DEDA.
Buyer's Initials @ ____ SelleCs Initials ~----
ESCROW HOLDER ACKNOWLEDGMENT:
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 to act as Escrow Holder subject to paragraph 22 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 has the following license number# _______ _ D Department of Financial Protection and Innovation, D Department of Insurance, D Department of Real Estate.
PRESENTATION OF OFFER: _ _ __ / ____ Seller's Brokerage Firm presented this offer to Seller on ______ (date).
Broker or Designee Initials
© 2024, California Association of REAL TORS®. Inc. United States copyright law (Title 17 U.S. Code) fort>ids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats) THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®.
Published and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC. a subsidiary of the Ca/ffomia Association of REALTORS® VLPA REVISED 7/24 (PAGE 17 OF 17)
VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 17 OF 17) Produced with Lone Wolf Transactions (zipForm Edition} 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwoff com 020 Shasta D om @
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BUYER'S VACANT LAND ADDITIONAL INSPECTION
ADVISORY
(C.A.R. Form BVLIA, Revised 6/23)
Property Address: 020 Shasta Dam Blvd, Shasta Lake, CA 96019 ("Property").
I
A. IMPORTANCE OF PROPERTY INVESTIGATION: The physical condition o~ the land and improvements being purchased is not guaranteed by either Seller or Brokers. For this reason, you sHould conduct thorough investigations of the Property personally and with professionals who should provide written rePiorts of their investigations. A general physical inspection typically does not cover all aspects of the Property nor ite~s affecting the Property that are not physically located on the Property. If the professionals recommend further investigations, including a recommendation by a pest control operator to inspect inaccessible areas of the Property, you shoul1d contact qualified experts to conduct such additional investigations. Additionally, some inspections, such as thosel listed below, may be of particular importance when purchasing vacant land.
B. BUYER RIGHTS AND DUTIES: You have an affirmative duty to exercise reasonJble care to protect yourself, including discovery of the legal, practical and technical implications of disclosed facts, an~ the investigation and verification of information and facts that you know, or that are within your diligent attention and dbservation. The purchase agreement gives you the right to investigate the Property. If you exercise this right, and you should, you must do so in accordance with the terms of that agreement. This is the best way for you to protect yourself. It is extremely important for you to read all written reports provided by professionals and to discuss the results of inspections with the professional who conducted the inspection. You have the right to request that Seller make repairs, corrections or take other action based upon items discovered in your investigations or disclosed by Seller. If Sellef is unwilling or unable to satisfy your requests, or you do not want to purchase the Property in its disclosed and discovered condition, you have the right to cancel the agreement if you act within specific time periods. If you do not perform, and you have not cancelled the agreement in a timely and proper manner, you may be in breach of contract.
C. SELLER RIGHTS AND DUTIES: Seller is required to disclose to you known material facts that affect the value or desirability of the Property. However, Seller may not be aware of some Property defects or conditions. Seller does not have an obligation to inspect the Property for your benefit nor is Seller obligateq to repair, correct or otherwise cure known defects that are disclosed to you or previously unknown defects that are discovered by you or your inspectors during escrow. The purchase agreement obligates Seller to make the Property available to you for investigations.
D. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefo~e cannot advise you on many items, such as soil stability, geologic or environmental conditions, hazardous or illeg1 al controlled substances, structural
conditions of the foundation or other improvements, or the condition of the roo\ plumbing, heating, air conditioning, electrical, sewer, septic, waste disposal, or other system. The only way to accu~ately determine the condition of the Property is through an inspection by an appropriate professional selected by you. If Broker gives you referrals to such profe~sionals, ahy professional of your choosing. If
you have entered into a written agreement with a Broker, the specific terms of that1 agreement will determine the nature and extent of that Broker's duty to you. YOU ARE STRONGLY ADVISED TO IN~1
ESTIGATE THE CONDITION AND
SUITABILITY OF ALL ASPECTS OF THE PROPERTY. IF YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS.
E. YOU ARE ADVISED TO CONDUCT INVESTIGATIONS OF THE ENTIRE PROPERTY, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: 1
1. FINANCE: Financing the purchase of vacant land and especially financing construction loans for the improvement of vacant land can provide particular challenges, including subordination agreements and insurance requirements.
Buyer is advised to seek the assistance of reputable lenders in assistance with their decisions regarding financing of the property.
2. CONSTRUCTION COSTS: If Buyer is contemplating building improvements on the property, Buyer is advised that they will have to contact any contractors, service providers, suppliers, architects, utility companies regarding the costs of improvements. Buyer is advised to get written bids from all such persons regarding their decision to develop the property.
3. UTILITIES: Unimproved property may or may not have utilities available to the property. Buyer(s) is advised to obtain information from the public or private utility provider about the availability and cost of providing utilities to the property and whether necessary easements are in place to allow such utilities to the property.
4. ENVIRONMENTAL SURVEY: Unimproved land may have had or may have hazardous materials stored upon or under the land or been used by persons engaged in activities exposing the land to hazardous materials. The land may also be host to protected vegetation or animal life. Buyer(s) is advised to batisfy themselves as what hazards or protected plant or animal life are on the property and what impact they mby have on Buyer's future plans for the property by seeking the help of a qualified professional. 1 © 2023, California Association of REAL TORS®, Inc. [;;J. J BVLIA REVISED 6/23 (PAGE 1 OF 2) Buyer's Initials /· / Seller's Initials ~ / ___ _ BUYER'S VACANT LAND ADDITIONAL INSPECTION ADVISORY BVLIA PAGE 1 OF 2 RELEVANT REAL ESTA TE, 2789 Bechelli Lane Redding CA 96002 Phone: 5305157186 Fax: 020 SJ1a.-.ta Dam Dustin Fo,ic, Produced with Lone Wo~ Transactions (zipForm Edition) 717 N Harwood St, Sutte 2200. DaUas, TX 75201 www iwolt com 121
Authentisign ID: 2612E18C-A576-EF11 -991A-002248299C60
Property Address: 020 Shasta Dam Blvd, Shasta Lake, CA 96019 Date:
---- - - ---
5. NATURAL HAZARDS REPORTS: Buyer(s) is advised that while certain disclosures are required by state, federal and local laws, hazard disclosure companies can provide additional disclosures for both natural and man-made hazards or nuisances for a cost. Buyer is advised to seek the advice of a natural hazards reporting company regarding additional reports and disclosures that buyer may wish to obtain.
6. SUBDIVISION OF THE PROPERTY: If Buyer's plans include future subdivision of the property (whether under the Subdivision Map Act of the Subdivided Lands Law) multiple, complex issues regarding city, county, state, and federal laws may be presented. Buyer is strongly advised to seek the advice of California legal counsel familiar with federal, state and local subdivision requirements.
Buyer and Seller acknowledge and agree that Broker: {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, services, 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 Broker; (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (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 providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (x) 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.
By signing below, Buyer and Seller each acknowledge that they have read, understand, accept and have received a Copy of this Advisory. Buyer is ncouraged to read it carefully.
SELLER ~~ Date 9 / ;e; lc ✓
SELLER Date ------------------------------ ----------
BUYER F2; u, m..,,.,a Date 0911912024
City of Shasta Lake A Municipal Corporation
BUYER Date ------------------- --- - --- - --- - -- ---- - --- © 2023, California Association of REAL TORS®, Inc. United States copyright law (Trtle 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the 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 Association of REAL TORS® . 525 South Virgil Avenue, Los Angeles, California 90020 BVLIA REVISED 6/23 (PAGE 2 OF 2)
BUYER'S VACANT LAND ADDITIONAL INSPECTION ADVISORY (BVLIA PAGE 2 OF 2) Produced with Lone WoW Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf com 020 Shasta Darn 122
Authentisign ID~t-A576-EF11-991A-002248299C60
• 'Sl} ~~~~~~~~ POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER ~ OF REALTORS~ OR SELLER - DISCLOSURE AND CONSENT
... (C.A.R. Form PRBS, Revised 12/21)
A real estate broker (Broker), whether a corporation, partnership or sole proprietorship, may represent more than one buyer or seller. This multiple representation can occur through an individual licensed as a broker or salesperson or through different individual broker's or salespersons (associate licensees) acting under the Broker's license. The associate licensees may be working out of the same or different office locations.
Multiple Buyers: Broker (individually or through its associate licensees) may be working with many prospective buyers at the same time. These prospective buyers may have an interest in, and make offers on, the same properties. Some of these properties may be listed with Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any particular property whether or not Broker represents other buyers interested in the same property.
Multiple Sellers: Broker (individually or through its associate licensees) may have listings on many properties at the same time. As a result, Broker will attempt to find buyers for each of those listed properties. Some listed properties may appeal to the same prospective buyers. Some properties may attract more prospective buyers than others. Some of these prospective buyers may be represented by Broker and some may not. Broker will market all listed properties to all prospective buyers whether or not Broker has another or other listed properties that may appeal to the same prospective buyers.
Dual Agency: If Seller is represented by Broker, Seller acknowledges that broker may represent prospective buyers of Seller's property and consents to Broker acting as a dual agent for both seller and buyer in that transaction. If Buyer is represented by Broker, buyer acknowledges that Broker may represent sellers of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both buyer and seller with regard to that property.
In the event of dual agency, seller and buyer agree that: a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the buyer's or seller's financial position, motivations, bargaining position, or other personal information that may impact price, including the seller's willingness to accept a price less than the listing price or the buyer's willingness to pay a price greater than the price offered; and except as set forth above, a dual agent is obligated to disclose known facts materially affecting the value or desirability of the Property to both parties.
Offers not necessarily confidential: Buyer is advised that seller or listing agent may disclose the existence, terms, or conditions of buyer's offer unless all parties and their agent have signed a written confidentiality agreement. 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.
Buyer and seller understand that Broker may represent more than one buyer or more than one seller and even both buyer and seller on the same transaction and consents to such relationships.
Seller and/or Buyer acknowledges reading and understanding this Possible Representation of More Than One Buyer or Set er - Disclosure and Consent ~nd agrees to the agency possibilities disclosed.
Seller ~------7"""=+-=---+----'~----------- ate 9 /i ~ );;1<( Seller
Buyer
Buyer
Date +---'J-M---ckwtiH,'1#1--'-l'b--- - ----- - --- - ---------------- - - - - - - c• f Sh k A M • • IC • D t 0911912024
,ty o asta La e umc,pa orporat,on a e _ _ _ _ _
Date ------ -------- - - ----- - - - - ------------ ------ Bu~ B ~ er~e firm RELEVANT REAL ESTATE
By 1.f!U.rC1 11 rorcer
Dustin Foster
DRE Lie # 01161168
DRE Lie # 01709563 Date 0911912024
Seller's Brokerage Firm ~R~e~/e~v~a~n~t~R-'-'e~a~l=E~s~ta~t_e __________ _ DRE Lie # 01161168 By DRE Lie # 02143937 Date ___ _
Katrisha Arambu/
© 2021 , California Association of REALTORS®, Inc. United States copyright law (Tille 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF 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®. It is not intended to identify the 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.
IJ . 525 South Virgil Avenue, Los Angeles, California 90020 PRBS REVISED 12/21 (PAGE 1 OF 1)
POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER PRBS PAGE 1 OF 1 R.ELt:V.-\J"IT REAL ESTATE, 2789 Becbelli Laoe Redding CA 96002 Phone: S3051S7 l86 Fax:
Dustin Foster Produced with Lone Wolf Transactions (ZipForrn Edition) 717 N Harwood St. Suite 2200. Dallas, TX 75201 www !wolf com 020 Sh:1s(a Dam
123
Authentisign 1~ 8C-A576-EF11-991A-002248299C60
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FAIR HOUSING AND DISCRIMINATION ADVISORY
(C.A.R. Form FHDA, Revised 6/23)
1. 2.
3. 4.
~
EQUAL ACCESS TO HOUSING FOR ALL: All housing in California is available to all persons. Discrimination as noted below is prohibited by law. Resources are available for those who have experienced unequal treatment under the law.
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; B. 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 assistance services as related to housing;
C. CALIFORNIA UNRUH CIVIL RIGHTS ACT ("Unruh") California Civil Code ("CC") § 51 ; Prohibits business establishments from discriminating against, and requires full and equal accommodation, advantages, facilities, privileges, and services to persons in protected classes;
D. AMERICANS WITH DISABILITIES ACT ("ADA") 42 U.S.C. §§ 12181-12189; Title III of the ADA 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.
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.
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 Color Ancestry National Origin Religion
Age Sex, Sexual Orientation Gender. Gender Identity, Marital Status Familial Status (family with Gender expression a child or children under
18)
Citizenship Immigration Status Primary Language MilitaryNeteran Status Source of Income (e.g., Section 8 Voucher)
Medical Condition Disability (Mental & Physical) Genetic Information Criminal History (non- Any arbitrary characteristic relevant convictions)
5. THE CALIFORNIA DEPARTMENT OF REAL ESTATE REQUIRES TRAINING AND SUPERVISION TO PREVENT HOUSING DISCRIMINATION BY REAL ESTATE LICENSEES:
A. California Business & Professions Code ("B&PC") § 10170.5(a)(4) requires 3 hours of training on fair housing for DRE license renewal; Real Estate Regulation § 2725(f) requires brokers who oversee salespersons to be familiar with the requirements of federal and state laws relating to the prohibition of discrimination.
B. Violation of DRE regulations or real estate laws against housing discrimination by a real estate licensee may result in the loss or suspension of the licensee's real estate license. B&PC §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?
8. 9.
Below is a non-exclusive list of providers of housing accommodations or financial assistance services as related to housing who are most likely to be encountered in a housing transaction and who must comply with fair housing laws. • 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
EXAMPLES OF CONDUCT THAT MAY NOT BE MOTIVATED BY DISCRIMINATORY INTENT BUT COULD HAVE A DISCRIMINATORY EFFECT:
A. Prior to acceptance of an offer, asking for or offering buyer personal information or letters from the buyer, especially with photos.
Those types of documents may inadvertently reveal, or be perceived as revealing, protected status information thereby increasing the risk of (i) actual or unconscious bias, and (ii) potential legal claims against sellers and others by prospective buyers whose offers were rejected.
B. Refusing to rent (i) an upper-level unit to an elderly 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.
EXAMPLES OF UNLAWFUL OR IMPROPER CONDUCT BASED ON A PROTECTED CLASS OR CHARACTERISTIC:
A. Refusing to negotiate for a sale, rental or financing or otherwise make a housing opportunity unavailable; failing to present offers due to a person's protected status;
B. Refusing or failing to show, rent, sell or finance housing; "channeling" or "steering" a prospective buyer or tenant to or away from a particular area due to that person's protected status or because of the racial, religious or ethnic composition of the neighborhood; C. "Blockbusting" or causing "panic selling" by inducing a listing, sale or rental based on the grounds of loss of value of property, increase in crime, or decline in school quality due to the entry or prospective entry of people in protected categories into the neighborhood;
D. Making any statement or advertisement that indicates any preference, limitation, or discrimination; © 2023, California Association of REALTORS®, Inc.
FHDA REVISED 6/23 (PAGE 1 OF 2)
FAIR HOUSING AND DISCRIMINATION ADVISORY FHDA PAGE 1 OF 2 RELEVANT REAL ESTA TE, 2789 Becbelli Lane Redding CA 96002 Phone: 530S1S7186 Fax: 020 Shasta Dam Dustin Foster Produced with Lone WolrTransaclions (zipForm Edition) 717 N Harwood St, Suite 2200, DaDas, TX 75201 wwwJwolf.com 124
Authentisign ID: 2612E18C-A576-EF11-991A-002248299C60
E. Inquiring about protected characteristics (such as asking tenant applicants if they are married, or prospective purchasers if they have children or are planning to start a family);
F. Using criminal history information before otherwise affirming eligibility, and without a legally sufficient justification; G. Failing to assess financial standards based on the portion of the income responsible by a tenant who receives government subsidies (such as basing an otherwise neutral rent to income ratio on the whole rent rather than just the part of rent that is the tenant's responsibility);
H. Denying a home loan or homeowner's insurance;
I. Offering inferior terms, conditions, privileges, facilities or services; J. Using different qualification criteria or procedures for sale or rental of housing such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures or other requirements; K. Harassing a person;
L. Taking an adverse action based on protected characteristics; M. Refusing to permit a reasonable modification to the premises, as requested by a person with a disability (such as refusing to allow a 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 reasonable accommodation in policies, rules, practices, or services for a person with a disability (such as the following, if an actual or prospective tenant with a disability has a service animal or support animal):
(i) Failing to allow that person to keep the service animal or emotional support animal in rental property, (ii) Charging that person higher rent or increased security deposit, or (iii) Failing to show rental or sale property to that person who is accompanied by the service animal or support animal, and;
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 application and not seek any information that may disclose any protected characteristics (such as using a summary document, e.g. C.A.R. Form SUM-MO, to compare multiple offers on objective terms).
11. FAIR HOUSING RESOURCES: 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://calcivilrights.ca.gov/housing/
C. Local: local Fair Housing Council office (non-profit, free service) D. DRE: https://www.dre.ca.gov/Consumers/FileComplaint.html E. Local Association of REAL TORS®. List available at: https://www.car.org/en/contactus/rosters/localassociationroster.
F. Any qualified California fair housing attorney, or if applicable, landlord-tenant attorney.
12. LIMITED EXCEPTIONS TO FAIR HOUSING REQUIREMENTS: No 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 from FHA for sale or rental purposes, PROVIDED (i) no real estate licensee is involved in the sale or rental and (ii) no discriminatory advertising is used, and (iii) the owner owns no more than three single-family residences. Other restrictions apply; D. An owner of residential property with one to four units who resides at the property, may be exempt from FHA for rental purposes, PROVIDED no real estate licensee is involved in the rental; and E. Both FHA and FEHA do not apply to roommate situations. See, Fair Housing Council v Roommate.com LLC, 666 F.3d 1216 (2019).
F. Since both the 14th Amendment of the U.S. Constitution and the Civil Rights Act of 1866 prohibit discrimination based on race; the FHA and FEHA exemptions do not extend to discrimination based on race.
Buyerrrenant and Seller/Housing Provider have read, understand and acknowledge receipt of a copy of this Fair Housing & DiscriminatioF ·sory. !)-J.,.,. {};(.'1 1'/....,.., Buyer/Tenant City of Shasta Lake A Municipal Corporation Date 09/19/2024 Buyer!Tenant ------~- --+t- --~--&-+_-,-y- -~----,---.- 1 ____________ Date---,--/-,·~-
Seller/Housing Provider ___ ~~ __,_,,/1..M,' ~ ~ r ~\...l(_+~--+-~LS;J ~ ,1-~~~~~-~------------ Date Cj/1 Z ]Y Seller/Housing Provider Date /
© 2023, California Association of REAL TORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. TI·tlS 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 APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the 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 FHDA REVISED 6/23 (PAGE 2 OF 2)
FAIR HOUSING AND DISCRIMINATION ADVISORY (FHDA PAGE 2 OF 2) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www !wolf com 020 Sb:.ashl D:tm G:l
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WIRE FRAUD AND ELECTRONIC FUNDS
TRANSFER ADVISORY
(C.A.R. Form WFA, Revised 12/21)
Property Address: 020 Shasta Dam Blvd, Shasta Lake, CA 96019 WIRE FRAUD AND ELECTRONIC FUNDS TRANSFERS ADVISORY:
("Property").
The ability to communicate and conduct business electronically is a convenience and reality in nearly all parts of our lives.
At the same time, it has provided hackers and scammers new opportunities for their criminal activity. Many businesses have been victimized and the real estate business is no exception.
While wiring or electronically transferring funds is a welcome convenience, we all need to exercise extreme caution.
Emails attempting to induce fraudulent wire transfers have been received and have appeared to be legitimate. Reports indicate that some hackers have been able to intercept emailed transfer instructions, obtain account information and, by altering some of the data, redirect the funds to a different account. 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 Landlords at the beginning of the transaction.
2. DO NOT EVER WIRE OR ELECTRONICALLY TRANSFER FUNDS PRIOR TO CALLING TO CONFIRM THE TRANSFER INSTRUCTIONS. ONLY USE A PHONE NUMBER YOU WERE PROVIDED PREVIOUSLY. Do not use any different phone number or account number included in any emailed transfer instructions.
3. Orally confirm the transfer instruction is legitimate and confirm the bank routing number, account numbers and other codes before taking steps to transfer the funds.
4. Avoid sending personal information in emails or texts. Provide such information in person or over the telephone directly to the Escrow Officer, Property Manager, or Landlord.
5. Take steps to secure the system you are using with your email account. These steps include creating strong passwords, using secure WiFi, and not using free services.
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, Landlord, 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.
By signing below, the undersigned acknowledge that each has read, understands and has received a copy of this ]re,.F-raud and Electronic Funds Transfer Advisory. 7'-i ,o Cit'!. 1'1""'1"" Buyer/Tenant I City of Shasta Lake A Municipal Corporation Date 09/19/2024 Buyer/Tenant ~ Date
Seller/Landlord ~ ~ Date 9/t "t.l d-'I,
Seller/Landlord ______________________________ Date ____ _ ©2021 , California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF 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®. It is not Intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membership mark which may be used only by members of !he 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/AT/ON OF REAL TORS® . 525 South Virgil Avenue, Los Angeles, California 90020 WFA REVISED 12/21 (PAGE 1 OF 1)
WIRE FRAUD AND ELECTRONIC FUNDS TRANSFER ADVISORY FA PAGE 1 OF 1 RELEVANT REAL EST ATE, 27H9 Bechelli Lane Redding CA 96002 Phone: 53051S71H6 Fax:
Duslin Fosrcr Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwo!f com G)
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CALIFORNIA CONSUMER PRIVACY ACT ADVISORY,
DISCLOSURE AND NOTICE
(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, Pl is defined broadly to encompass non-public records information that could reasonably be linked directly or indirectly to you. Pl could potentially include photographs of, or sales information about, your property.
During the process of buying and selling real estate your Pl will be collected and likely shared with others, including real estate licensees, a Multiple Listing Service, real estate internet websites, service providers, lenders, and title and escrow companies, to name several possibilities. Businesses that are covered by the CCPA are required to grant you various rights in your Pl, including the right to know what Pl is collected, the right to know what Pl is1sold 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 Jr more notices regarding your CCPA rights from businesses you interact with in a real estate transaction. However, not all ~usinesses that receive or share your Pl are obligated to comply with the CCPA. Moreover, businesses that are otherwise ?.overed 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 rdquired to maintain their records for 3 years. If you wish to exercise your rights under CCPA, where applicable, you should cor tact 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). Additionally, the California Privacy Protection Agency is authorized to promulgate regulations which may further clarify requirements of the CCPA (cppa.ca.gov/regulations/). © 2022, California 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 portion thereof, by photocopy machine or any other means, including 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 APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the 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 REAL TORS® who subscribe to its Code of Ethics.
REAL ESTATE BUSINESS SERVICES, LLC.
[]
Published and Distributed by:
a subsidiary of the CALIFORNIA ASSOC/A TION OF REAL TORS® .. 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 RELEVANT llEAL ESTATE, 2789 Bechelli Laue lledding CA 96002 Phone: 5305157186 Fax:
Dustin Fos1er Produced wrth Lone Woff Transactions (zipForm Edition) 717 N Harwood .St. Suite 2200. Dallas. TX 75201 www !wolf com ~ EQUAL IIOUSlfC
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ARBITRATION AGREEMENT
(C.A.R. Form ARB, Revised 6/23)
Property Address 020 Shasta Dam Blvd, Shasta Lake, CA 96019
1. ARBITRATION OF DISPUTES:
The Parties signing below {"Parties") !Sree that any dispute or claim in Law or equity arising between them out of the Ix! Purchase Agreement, or LJ Listing Agreement, or O Buyer Representation Agreement, D Other -:---:-:---:---:c---:--c--:--,------:,----,-- --,--- - or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Agent(s), who have not signed this Arbitration Agreement, but who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Agent. The arbitrator shall be a retired judge or justice, or an attorney with at least 6 years of transactional real estate Law experience, unless the parties mutually agree to a different arbitrator. Enforcement of, and any motion to compel arbitration pursuant to, this agreement to arbitrate shall be governed by the procedural rules of the Federal Arbitration Act, and not the California Arbitration Act, notwithstanding any language seemingly to the contrary in this Agreement. The Parties shall have the right to discovery in accordance with Code of Civil Procedure § 1283.06. 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.
2. EXCLUSIONS: The following matters are excluded from 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 foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code § 2986.
3. PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the 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 concurrent with, or immediately after such filing, makes a request to the court for a stay of litigation pending any applicable arbitration proceeding; or (iii) the filing of a mechanic's lien.
4. AGENTS: Agents who have not signed this Arbitration Agreement shall not be obligated nor compelled to arbitrate unless they agree to do so in writing. Any Agent(s) participating in arbitration but who have not signed this Arbitration Agreement shall not be deemed a party to this Arbitration Agreement.
6. "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 ARBITRATION 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." £:uthentiSIG"
J..~o 8.i:(11, 1tffhl,MfAt 09/19/2f+. . . . Ix! Seller O Buyer O Broker/ ent ' I ' City of Shasta Lake a mumc1pal corporation (Sig ·• (Date)
© 2023, California Association of REAL TORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF 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®. It is not intended to identify the 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.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REAL TORS® _ 525 South Virgil Avenue, Los Angeles, California 90020 ARB REVISED 6/23 (PAGE 1 OF 1)
ARBITRATION AGREEMENT ARB PAGE 1 OF 1 RELEVANT REAL ESTATE, 2789 Bechelli Lane Redding CA 96002 Phone: 5305157186 Fax:
Dustin Foster Produced with Lone Wo~ Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwolf com 020 Shasta Dam
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SELLER PAYMENT (CONCESSION)
FOR BUYER'S BROKER'S COMPENSATION
(C.A.R. Form SPBB, Revised 7/24)
The followin~ terms and conditions are hereby incorporated in and made a part of the Purchase Agreement, OR D Other ____ _________ _ _ _______ _____ , dated 09/19/2024 , ("Agreement") on property known as 020 Shasta Dam Blvd, Shasta Lake, CA 96019 ("Property") in which City of Shasta Lake A Municipal Corporation is referred to as "Buyer", and ___ -,--________ _ _ _ _ _ _ _ _____ _________ is referred to as "Seller''. and --------- -=-- R=E=L=E=--=V.-=-'.A=N-=--=T'-R=--==E=--= A=L'-=E=S=--=T.'-'-A-'-'T=--='E----- - - ---is referred to as "Buyer's Broker" and Relevant Real Estate is referred to as "Seller's Broker." Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each Broker individually and may be negotiable between Seller and Broker(s) (real estate commissions include all compensation and fees to Broker).
1. SELLER PAYMENT TO BUYER'S BROKER:
A. AMOUNT: Subject to paragraph 1 B below, Seller agrees to pay Buyer's Broker 3.000 % of the purchase price AND, if any, ______ OR, if checked D $ ____ _ out of the transaction proceeds.
B. MAXIMUM SELLER PAYMENT OBLIGATION: Seller shall only be obligated to pay Buyer's Broker the lesser of: (i) the amount specified in paragraph 1A, or (ii) the amount Buyer is obligated to pay Buyer's Broker pursuant to their Buyer Representation Agreement, and if applicable less any amount that others have agreed to pay Buyer's Broker.
If there is no Buyer Representation Agreement, then sener has no obligation to pay Buyer's Broker,
2. BUYER REPRESENTATION REGARDING COMPENSATION: Buyer represents that, as of the date signed by Buyer below, Buyer has a signed representation agreement with Buyer's Broker and the amount specified in paragraph 1A is no more than the amount Buyer is obligated to pay Buyer's Broker pursuant to that Buyer Representation Agreement, and if applicable less any amount that others have agreed to pay Buyer's Broker.
3. DELIVERY OF BUYER REPRESENTATION AGREEMENT: Buyer authorizes Buyer's Broker and, if applicable, escrow holder, upon request, to deliver to Seller or Seller's Broker a copy of the portion of the Buyer Representation Agreement identifying the compensation Buyer has agreed to pay Buyer's Broker, such as the last page of CAR. Form BRBC.
4. THIRD PARTY BENEFICIARY: Seller acknowledges and agrees that Buyer's Broker is a third-party beneficiary of this agreement and may pursue Seller for failure to pay the amount specified in this document.
By signing below, Buyer and Seller each acknowledge that they have read, understand, accept, and have received a Copy of this Seller Payment (Concession) for Buyer's Broker's Compensation.
Buyer ~io/ etr Pl~a City of Shasta Lake A Municipal Corporation Date 0911912024 C:
Buyer
Seller
Seller
Date
~---,- ~,---===· EJ~·- t== _-_-_ _,,,.•= ==============Date-9,--,,- )19--+) J--' Ef,- _ _________________ ___ _ _ __________ Date ____ __ _ © 2024, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION 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®.
Published and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC. a subsidiary of the California Association of REAL TORS® SPBB REVISED 7/24 (PAGE 1 OF 1)
SELLER PAYMENT CONCESSION FOR BUYER'S BROKER'S COMPENSATION SPBB PAGE 1 OF 1 EQUALHOUS!t(i
CJF>f'OlttUNITY
RELEVANT REAL ESTATE, 2789 Bechetti Lane Redding CA 96002 Phone: 5305157186 Fax: 020 Shasta Dam Dustin Foster Produced with Lone Woff Transactions (zipForm Edition} 717 N Harwood St, Suite 2200, Dallas, TX 75201 www IWPlf com 129
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' .. U , LI FORN L-\ REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE • ~ ,-\SSOCL-\TIO::--! '-y OF REALTORS® (FOR BUYER REPRESENTATIVES)
.,. (C.A.R. Form RCSD-B, Revised 6/23)
This form is not an assignment. It should not be used to add new parties after a contract has been formed. The purpose of this form is to identify who the principal is in the transaction and who has authority to sign documents on behalf of the principal.
D The disclosure in this form supersedes any Legally Authorized Signer representation or Representative Capacity Signature Disclosure made in the Agreement specified below or on separate form.
This is a disclosure to the Purchase Agreement, OR D Buyer Representation Agreement, D Assignment of Agreement Addendum, D Other ______ _____________________ ("Agreement"), dated 09/19/2024 , for the property known as 020 Shasta Dam Blvd, Shasta Lake, CA 96019 ("Property"), between ______________ ___________ ("Seller", Broker, Oother) and City of Shasta Lake A Municipal Corporation ("Buyer").
Buyer and Seller are referred to as the "Parties." If a trust, in the blank line above identify Buyer as the trustee(s) of the trust or by simplified trust name (e.g. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust 3.). Full name of trust should be identified in 1A below. If power of attorney, insert principal's name as Buyer.
1. A. D TRUST: (1) Assets used to acquire/lease the Property are held in trust pursuant to a trust document titled (Name of trust:
B. Ix] (2) The person(s) signing below is/are Sole/Co/Successor Trustee(sl_of the Trust.
ENTITY: Buyer is a !Kl Corporation, 0 Limited Liability Company, LJ Partnership D Other:
C. 0
which has authorized the officer(s), managing member(s), partner(s) or person(s) signi~ below to act on its behalf. An authorizing resolution of the applicable body of the entity described above O is LJ is not attached.
POWER OF ATTORNEY: Buyer ("Principal") has authorized the person(s) signing below ("Attorney-In-Fact", "Power of Attorney" or "POA'') to act on his/her behalf pursuant to a General Attorney (Specific Power of Attorney for the Property), dated ______ . This form is not a Power of Attorney. A Power of Attorney must have already been executed before this form is used.
D. 0 ESTATE: (1) Buyer is a O conservatorship, or O guardianship identified by Superior Court Case name as _______ _____ ___ ______ ________ , Case# __________ _
(2) The person(s) signing below is/are court approved representatives (whether designated as Sole or CoExecutor, Administrator, Conservator, Guardian) of the estate, conservatorship or guardianship identified above.
2. Buyer's Representative represents that the trust, entity or power of attorney for which that Party is acting already exists.
BByuyer: rp;;;;o eti'J1'1~MI 09/19/24 ~ Date:
(Sign Name of Trustee, Officer, Managing Member, Partner, or Attorney-in-Fact) (Print Representative Name) Jessaca Lugo City Manager Title: Manager By _________________________________ _ Date:
(Sign Name of Trustee, Officer, Managing Member, Partner, or Attorney-in-Fact) --------
--------
(Print Representative Name) ___ _ ___ _ _____ _ _ _ __ Title: _ _ _________ _ Acknowledgement of R ceipt Othe~ arty: ....._
Seller/Broker/Other M~, fed~ Date: 7/; 7 I,;;,½·
Seller/Broker/Other V Date: ----------------------------- -------- © 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION 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®. It is not intended to identify the 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 REAL TORS® who subscribe to its Code of Ethics.
I] Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIF ORN IA ASSOC/A TION OF REAL TORS® . 525 South Virgil Avenue, Los Angeles, California 90020 RCSD-8 REVISED 6/23 (PAGE 1 OF 1)
REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE RCSD-B PAGE 1 OF 1 RELEVANT REAL ESTATE, 2789 lle<belli Lane Redding CA 96002 Phone: 5305157186 Fax:
Dustin Fostu Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TI< 75201 www jwolfcom 020 Shasta Dam 130
,, CALIFORN IA
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DISCLOSURE REGARDING
REAL ESTATE AGENCY RELATIONSHIP
(As required by the Civil Code)
{C.A.R. Form AD, Revised 12/21)
D {If checked) This form is being provided in connection with a transaction for a leasehold interest exceeding one year as per Civil Code section 2079.130), (k), and {I).
When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction.
SELLER'S AGENT
A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations:
To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in perfonnance of the agent's duties. {b) A duty of honest and fair dealing and good faith.
{c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.
BUYER'S AGENT
A Buyer's agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: .
To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer.
To the Buyer and the Seller:
{a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligateq to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.
AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acting directly or through one or more salespersons and broker associates, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer.
In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections.
In representing both Seller and Buyer, a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the Buyer's or Seller's financial position, motivations, bargaining position, or other personal information that may impact price, including the Seller's willingness to accept a price less than the listing price or the Buyer's willingness to pay a price greater than the price offered.
SELLER AND BUYER RESPONSIBILITIES
Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is representing you exclusively in the transaction or acting as a dual agent. Please pay attention to that confirmation to make sure it accurately reflects your understanding of your agent's role.
The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional.
If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation.
Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change.
Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions 1of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE P INTED O J'HE S COND PAGE.
D Buyer ~ Seller D Landlord D Tenant • Irene Jeannette Garcia Date ??/Id c?J/' D Buyer D Seller □ Landlord OTenant ____ _.:=:;__ ___________ :------Date _____ _ © 2021 , California Association of REALTORS®, Inc.
AD REVISED 12/21 (PAGE 1 OF 2)
I
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIOI\ISHIP AD PAGE 1 OF 2 Relevant Real Estate. 1181 Hilltop Dr Redding CA 91\tHIJ Phone: 53020921 ~9 Fax:
Kanisha Arambul Produced with Lone Wolf Transactions (zipFonn Edition) 717 N Harwood St, Suite 2200, Dal as, TX 75201 www lwo[ com ~ (QLJALHOIJSNJ
CPPOlrTUNnY
Irene J eannette
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_ _ _CIVIL SECT_IONS 2079.13 - 2079.24 (2079.16 APPEARS ON THE FRONT) 207~_.13. A,.s used in this section (md Sections 2q7_9.7 and 2~79.14 to 2079.2_4, inclusive, the following terms have the following meanings:
~a) Agent means a p~rs~n acting under provIsIons of Tttle 9 (commencing with Section 2295) in a real property transaction, and includes a _person who Is he:ensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and u,:idf:r whose license :3 listing is executed or an offer to purchase is obtained. The agent in the real property transaction bears resp_ons1b1hty for that agents s_alespersons or broker associates who perform as agents of the agent. When a salesperson or. broker: associate owes a duty to any pnnc1pal, or to any buyer or seller who is not a principal, in a real property transaction, that duty Is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions. (b) "Buyer" means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller thr~ugh_ an agent, or who seeks the_ serv),ces of ~n agent in more than a casual, transitory, or preliminary manner, with the obJect of entenng rnto a real property transaction. Buyer" rndudes a vendee or lessee of real property. (c) "Commercial real property" means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29. (d) "Dual agent" means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction. (e) "Listing agreement" means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement. (f) "Seller's agent" means a person who has obtained a listing of real property to act as an agent for compensation. (g) "Listing price" is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the seller's agent. (h) "Offering price" is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (i) "Offer to purchase" means a written contract executed by a buyer acting through a buyer's agent that becomes the contract for the sale of the real property upon acceptance by the seller. 0) "Real property" means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (k) "Real property transaction" means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase. (I) "Single-family residential property" or "single-family residential real property" means any of the following: (1) Real property improved with one to four dwelling units, including a leasehold exceeding one year's duration. (2) A unif in a residential stock cooperative, condominium, or planned unit development. (3) A mobilehome or manufactured home when offered for sale or sold through a real estate broker pursuant to Section 10131.6 of the Business and Professions Code. (m) "Sell," "sale," or "sold" refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (n) "Seller" means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. "Seller" includes both a vendor and a lessor of real property. (o) "Buyer's agent" means an agent who represents a buyer in a real property transaction. 2079.14. A seller's agent and buyer's agent shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16, and shall obtain a signed acknowledgment of receipt from that seller and buyer, except as provided in Section 2079.15, as follows: (a) The seller's agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The buyer's agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase. If the offer to purchase is not prepared by the buyer's agent, the buyer's agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer. 2079.15. In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to Section 2079.14, the agent shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.16 Reproduced on Page 1 of this AD form.
2079.17(a) As soon as practicable, the buyer's agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the buyer's agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the seller's agent shall disclose to the seller whether the seller's agent is acting in the real property transaction as the seller's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the seller's agent prior to or coincident with the execution of that contract by the seller.
CONFIRMATION: (c) The confirmation required by subdivisions (a) and {b) shall be in the following form:
Seller's Brokerage Firm DO NOT COMPLETE. SAMPLE ONLY License Number _____ _ Is the broker of (check one): D the seller; or D both the buyer and seller. (dual agent) Seller's Agent DO NOT COMPLETE. SAMPLE ONLY License Number _____ _ Is {check one): D the Seller's Agent. (salesperson or broker associate) D both the Buyer's and Seller's Agent. (dual agent) Buyer's Brokerage Firm DO NOT COMPLETE. SAMPLE ONLY License Number _ ____ _ Is the broker of (check one): D the buyer; or D both the buyer and seller. (dual agent) Buyer's Agent D N T C MPLETE. SAMPLE ONLY License Number ___ __ _ Is (check one): D the Buyer's Agent. (salesperson or broker associate) D both the Buyer's and Seller's Agent. (dual agent) (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. An agent's duty to provide disclosure and confirmation of representation in this section may be performed by a real estate salesperson or broker associate affiliated with that broker.
2079.18 (Repealed pursuant to AB-1289)
2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21 (a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller. (b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidential information obtained from the buyer. (c) "Confidential information" means facts relating to the client's financial position, motivations, bargaining position, or other personal information that may impact price, such as the seller is willing to accept a price less than the listing price or the buyer is willing to pay a price greater than the price offered. (d) This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22 Nothing in this article precludes a seller's agent from also being a buyer's agent. If a seller or buyer in a transaction chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent. 2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure.
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.
AD REVISED 12/21 (PAGE 2 OF 2)
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) Produced with Lone Wolf Transactions (zipFomi Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 wwwJwojf com Irene Jeannette 132 ~,, CALIFORN I A
ASSOCL\TION 'If. OF RL-\LTORS®
~
TRUST ADVISORY
For Properties Being Sold by the TrustJe of a Trust
(C.A.R. Form TA, Revised 12/21) I
Property Address: 020 Shasta Dam Blvd, Shasta Lake, CA 96019 ("Property").
Property is being held in a revocable or irrevocable trust for the benefit of those persons or entities named as beneficiaries in the trust. For the purpose of the sale of Property, the trustee! of the trust is treated as the Seller.
Even if Seller is exempt from some obligations, Seller must still comply with many others. This Advisory is intended to inform Buyer and Seller of their rights and obligations independent\ of those established by the contract between them. If Property is placed in a trust, any trustee must complete a TDS and other disclosures that would be required of other owners if: (i) any such trustee is a natural person AND (ii) the trust is a revocable trust, AND (iii) the trustee either is the former owner of f roperty or was an occupant in possession of Property within the preceding year. The disclosures are required of any trustee who meets the above requirements even if other trustees do not. 1
1. SELLER MUST COMPLY WITH THE FOLLOWING:
A. Known Material Fact Disclosures: Seller is obligated to disclose known material facts affecting the value and desirability of the Property even if the specific Real Estate Transf~r Disclosure Statement Form is not required to be completed.
B. Hazard Zones: Seller is not exempt from applicable statutory obligations to disclose earthquake fault zones, seismic hazard zones, state fire responsibility areas, very high fire hazard severity zones, special flood hazard areas and flood hazard zones pursuant to the Public Resources Code, Government Code and United States.
C. Smoke Detectors: The sale is not exempt from the State requirements that, for single family residences, operable smoke detectors be in place. It is negotiable between Buyer anp Seller who is to pay for the cost of compliance.
D. Water Heaters: The sale is not exempt from the State requirement that 1water heaters be properly anchored, braced or strapped and that Seller provide a written statement of compliance to Buyer.
E. Lead-based Paint: The Seller is not exempt from the federal obligation to: (i) disclose known lead-based paint and lead-based paint hazards; (ii) provide Buyer copies of reports br studies covering lead-based paint and hazards on the Property; (iii) provide Buyer with the pamphlet "Protect Your Family From Lead In Your Home;" and (iv) give Buyer a 10-day opportunity to inspect for lead-basJd paint and hazards, if the Property contains residential dwelling units and was constructed prior to 1978.
F. Carbon Monoxide Devices: The sale is not exempt from the State requirement that on or before July 1, 2011, for all existing single family dwelling units, and on or before January 1, 2013, for all other existing dwelling units, the owner must install a carbon monoxide device approved and listed by the State Fire Marshall in the dwelling unit if the dwelling unit has a fossil fuel burning heater or applianc~, fireplace, or an attached garage.
G. Water Conserving Plumbing Fixtures: The Sale is not exempt frdm the State requirement that (i) single family residences built before January 1, 1994 be equippedJ with water conserving plumbing fixtures by January 1, 2017 and multi-family and commercial properties be equipped with water conserving plumbing fixtures by January 1, 2019; {ii) Sellers disclose to Buyers the requirements of the law; and (iii) sellers disclose to Buyers whether the Prop~rty contains any non-compliant plumbing fixtures. See C.A.R. Form WCMD for further information.
H. Tax Withholding: The sale is not exempt from providing information pertaining to the withholding obligation under either the federal "FIRPTA" or the California withholding requiremE)nts upon the sale of real property.
Federal: For federal purposes, a non-resident alien includes a fiduciary. A trustee is treated as a non-resident even if all beneficiaries are citizens or residents of the United States. State: The trust may be exempt from withholding (but not the completion of the real estate withholding certificate) if: (i) the trust was revocable prior to the decedent's death; (ii) the Property was last used as the decedent's principal residence; and (iii) the trustee is electing to treat the trust as part of the decedent's estate under IRC § 645 (see Instructions for FTB Form 593-C).
I. Megan's Law Database Disclosure: The sale is not exempt from the requirement that residential sales contracts contain the following notice regarding the availability of information about registered sex offenders:
"Notice: Pursuant to Section 290.46 of the Penal Code, information ab©ut specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history.I 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 are required to check this web~ite. If Buyer wants further information, Broker recommends that Buyer obtain information from this website durring Buyer's inspection contingency period. Brokers 99 ~ot have expertise in this area.)
(With Listing) Broker's Initials ~ (With RPA) Buyer's Initials ~ ~ - 0,-o;..~ © 2021, California Association of REAL TORS®, Inc. Seller's Initials ~ -:,_- ...... .
TA Revised 12/21 (PAGE 1 OF 2)
TRUST ADVISORY TA PAGE 1 OF 2
Rclc\'3nt Real Estate, 11 81 lfilltop n r RcddlngCA 96003 Phone: 5302092169 T1·cnc Jeannette Katrlsha Ar;1mbul Produced with Lone Wolf Transactions zi Form Edition 717 N Harwood St Suite 2200 Dallas. TX 75201 133
2. SELLER MAY BE EXEMPT FROM THE FOLLOWING:
A. (i) Disclosure Statements: Seller, unless specified in 2A(ii), does not have to complete, sign and provide Buyer with a Real Estate Transfer Disclosure Statement or Natural Hazard Disclosure Statement (CAR Forms TDS and NHD). Seller remains obligated to make the disclosures and comply with the items specified in Paragraph 1.
(ii) If Property has been placed in a trust, the trustee(s) of the trust is considered the Seller for the purpose of complying with disclosure laws. Seller must complete, sign and provide Buyer with a TDS if (1) the Seller is a natural person, AND (2} the trust is a revocable trust, AND (3) the trustee is either a former owner of the Property or was an occupant in possession of the Property within the preceding year.
B. Other Exemptions: Unless paragraph 2A(ii) applies, Seller is exempt from providing Buyer with a Mello- Roos district lien disclosure, an Improvement Bond Act of 1915 notice, a Supplemental Property Tax notice, a Notice of Private Transfer Fee pursuant to California Civil Code §§ 1102 et seq. completing and providing either a Homeowner's or Commercial Property Owners Guide to Earthquake Safety, including any corresponding form.
C. Exempt Seller Disclosures: Even exempt Sellers have statutory or contractual obligations to make certain disclosures and may, or are required by contract to, use an Exempt Seller Disclosure (C.A.R. Form ESD) and is strongly encouraged to do so.
3. OTHER CONSIDERATIONS:
A. Local Law: Local law may impose obligations on the transfer of real property (such as the installation of low flow toilets or shower heads, emergency gas shut-off valves or installation of smoke detectors). Local law should be consulted to determine if sales by a trustee of a trust are exempt from such requirements.
B. Death: If the Property is being sold because of the death of an occupant of the Property, and if Buyer has concerns about the manner, location or details of the death, then Buyer should direct any specific questions to Seller.
4. BROKERS:
A. Inspection: The sale is not exempt from the Broker's obligation to conduct a reasonably competent and diligent visual inspection of the accessible areas of the Property and disclose to Buyer material facts revealed by such an inspection in the sale of residential property containing one-to-four dwelling units. Brokers may do so on C.A.R. Form AVID.
B. Agency: The sale is not exempt from the obligation to provide agency relationship disclosure and confirmation forms in the sale of residential property containing one-to-four dwelling units, commercial Property and vacant land.
By signing below, the undersigned acknowledge that each has read, understands and has received a Seller .cJL./l.12-ft_ _~ · ,M&/U..--c-.....,.. Irene Jeannette Garcia Date g/19/p.,y copy of this Jfust Addvis ry. ,
Seller - ------ - - -------- ----------- - - - - Date _ _ _ ___ _ _
AT TIME OF LISTING
AT TIME OF SALE
Buyer City of Shasta Lake A Municipal Corporation Date _______ _ Buyer Date ---- ----
© 2021 , California Association of REAL TORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means. including facsimile or computerized fom1ats. 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 APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the 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.
REAL ESTATE BUSINESS SERVICES, LLC. I] Published and Distributed by:
a subsidiary of the CALIFORNIA ASSOC/A TION OF REAL TORS® . 525 South Virgil Avenue, Los Angeles, California 90020 TA Revised 12/21 (PAGE 2 OF 2)
TRUST ADVISORY (TA PAGE 2 OF 2) I
em~""_. ,,~w"'•-;=<- '""'' m, - "· ~ M ,=. ~~-" ~1• www !wolf com Irene Jeannette 134
'~ C.-\LIF ORNLI. ASSOCL\ TIO)J
... OF REALTORS®
~
REPRESENTATIVE CAPACITY SIGNATL1iRE DISCLOSURE
(FOR SELLER REPRESENf AiJ"IVES)
(C.A.R. Form RCSD-S, Revised 6/23)
I
This form is not an assignment. It should not be used to add new parties after a cbntract has been formed. The purpose of this form is to. identify who the principal is in the transaction and who has authohty to sign documents on behalf of the ~~~- I
D The disclosure in this form supersedes any Legally Authorized Signer reprJsentation or Representative Capacity Signature Disclosure made in the Agreement specified below or on separate form.
This is a disclosure to the Purchase Agreement, ORD Listing Agreement, D Other --+--------------- -----------------------------+--------("Agreement"), dated 08/18/2024 , for the property known as 020 Shasta Dam Blvd, Shast~ Lake, CA 96019 ("Property"), between I ("Buyer", 0 Listing Broker, D Other).
and Irene Jeannette Garcia I ("Seller").
Buyer and Seller are referred to as the "Parties." If a trust, in the blank line above idehtify Seller as the trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe R~vocable Family Trust 3.). Full name of trust should be identified in 1A below. If power of attorney, insert principal's name ~s 5ie11er.
1. A. D TRUST: (1) The Property is held in trust pursuant to a trust document, titled ( ull name of trust): ______ _ ----------------,----,--------- - --+--------dated ____ _ .@) The person(s) sign~ below is/are Sole/Co/Successor Trustee(~ of the Trust.
B. LJ ENTITY: Seller is a LJ Corporation, D Limited Liability Company, LJ Partnership D Other: _______ _ which has authorized the officer(s), managing member(s), partner(s) or persdn(s) signing below to act on its behalf.
An authorizing resolution of the applicable body of the entity described above II] is D is not attached.
C. D POWER OF ATTORNEY: Seller ("Principal"} has authorized the perso '(s) signing below ("Attorney-In-Fact", "Power of Attorney" or "POA") to act on his/her behalf pursuant to a Genera Power of Attorney ([] Specific Power of Attorney for the Property), dated ----c-,---,,---,--,-----· This form is not a Power of Attorney. A Power of Attorney must have already been executed before this form is used. 1 D. [Kl ESTATE: (1) Seller is an [Kl estate, D conservatorship, or D guardians ip, identified by Superior Court Case name as Jesse Garcia Estate Plan 2021 , Case # ______ _ (2) The person(s) signing below is/are court approved representatives (whether designated as Sole or Co-Executor, Administrator, Conservator, Guardian) of the estate, conservatorship or guardi~nship identified above.
I
2. Seller's Representative represents that the trust, entity or power of attorney for whicr that Party is acting already exists.
Seller:
By • ~ Date: ?/Jr/.tilf
(Sign Name of Trustee, • er, Managing Member, Partner, Attorney-in-Fact or Adr,inistrator/Executor) (Print Representative Name) Irene Jeannette Garcia Title: ·frt-<J-.tPR , By I Date: - ------- (Sign Name of Trustee, Officer, Managing Member, Partner, Attorney-in-Fact or Adrin inistrator/Executor) (Print Representative Name) __________________ Title:
I -------------
Ack now I edge men t of Receipt by Other Party:
Buyer/Broker/Other ______ _________________ ,__ __ Date: _______ _ Buyer/Broker/Other _______________________ ,--__ Date: ________ . © 2023, California Association of REAL TORS®, Inc. United States copyright law (Tille 17 U.S. Code) forbids the unauthoriz~d distribution, display and reproduction of this form, or ' , any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REAL TORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF Al)IY PROVISION IN ANY SPECIFIC TRANSACTION.A .
REAL ESTATE BROKER IS Tl-iE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOUl 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®. It is not intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membershi~ mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® 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 RCSD-5 REVISED 6/23 (PAGE 1 OF 1)
I
REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE RCSO-S PAGE 1 OF 1 R<lev•nl Rc,I Esl•le, 1181 llilltop Dr Redding CA 96003 Phone: 5302092169 Fax:
Katrlsh• Aramhul Produced wilh Lone Wolf Transactions (zipForm Edition) 717 N Harwood SI, Suite 2200, Dallas. TX 75201 www !wolf com lrenc ,Jcanncl1c
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136
October 7,2024 8.6
STATEMENT BY MAYOR JANICE POWELL
Special Meeting of the City of Shasta Lake Council
Most of us who have chosen to participate in local government recognize that establishing and maintaining effective working relationships with the city manager and the city’s legal counsel can be among our most important and challenging responsibilities. The Municipal Code of Ordinances is a very thorough guide for the operation of the business and administration of our City. Today, I have provided a packet of information for each of the Council Members , the City Attorney, and the City Manager that includes the following documents that I will be referring to:
A Statement of my concerns as the Mayor of the City of Shasta Lake. • A copy of the Municipal Code, Title 2, Administration and Personnel, Chapter 2.04 City Council.
• A Copy of Chapter 2.22 .270 of our Code of Ethics for the City of Shasta Lake. • A copy of the Government Code of the State of California, Section 831b • A copy of an email by Greg Watkins dated September 29, 2024 In consideration of the time we have for this special meeting, I’m going to read just the Declaration of this Policy in our Code of Ethics.
The proper operation of democratic government require that public officials and employees be independent, impartial and responsible to the people, that government decisions and policy be made in the proper channels of the governmental structure, that public office not be used for personal gain, and that the public have confidence in the integrity of it’s government. In recognition of these goals, there is established a code of ethics for all officials and employees, whether elected or appointed, paid or unpaid.
The purpose of this code is to establish ethical standard of conducts for all such officials and employees by setting forth those acts or actions that are incompatible with the best interests of the city, and by directing disclosure of private financial or other interests in matters affecting the city. The provisions and purposes of this code and such rules and regulations as may be established are declared to be in the best interests of the city and for the protection of the public health, safety, and welfare of it’s citizens.
The State of California requires Ethics Training for all staff and elected officials and the City of Shasta Lake complies by offering this training every two years.
So we, as council members, are guided by the Muncipal Code for our actions.. When we become candidates for public office we also receive a “Guide to Running for Public 137
Office” from the Shasta County Elections Department with helpful information about campaign issues like signage, campaign materials, - we are actually required by the ROV to initial a document that states that we have read and understand this guide.
And to be clear in our understanding of our responsibilities as local elected officials, I would also like to offer a copy of the Government Code of the State of California, Section 8314: Which reads….
It is unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity, or personal or other purposes which are not authorized by law.
I want you to all know that I do not take this issue lightly and my concern in these last few weeks have increased by specific violations that have been brought to my attention by the public and city staff about the behavior by our most senior council member, Greg Watkins. 1)At our last Council Meeting, there were two public comments in which citizens complained about Mr. Watkin’s conduct at a League of Women Voters Candidates Forum and at a local church. 2) I received 2 phone calls regarding the questionable placement of campaign signs by Mr. Watkins and was told by staff that he was advised to move the signs. 3) The final incident was when I was advised that Mr Watkins sent out an email to City Staff (at their employee/office email)and to members of the Planning Commission, and Parks & Recreation Commission along with members of the public. The email asked that the recipient “Please open this word document.
Consider printing it and sharing with your neighbors and friends who live and vote in the City of Shasta Lake.”.
I have included a copy of the email that was sent on 9/29/2024 along with the campaign material that was attached.
After a lot of thinking and research into this issue, I am concerned that bringing up this conduct may appear that I am attempting to improve my standing in this election by degrading Mr Watkins. That is not true. I am asking that other members of this council and Mr. Watkins are made aware of what has occurred and that is why I asked our City Manager to call for this special meeting. The City Attorney was called and I was advised to open this discussion in a public session and then adjorn to a closed session for further discussion on any pending litigation.
When it became clear to me with this email that Mr. Watkins was attempting to create a majority on the City Council with his statement about a slate of officers who would help him get his projects passed. With all of that said…the problem has been occurring for years with Mr, Watkins insisting that he has the right to manage staff and influence decisions of the administration of our city. A few examples of this behavior are:
138
• Directly contacting staff at various levels of the organization suggesting, and sometimes demanding, that certain things be done or not done. • Displays of anger and temper directed at other council members or staff at public meetings
• Attempting to influence studies or supporting evidence by personally contacting individuals who support his position and encouraging them to speak in favor of an issue at a public meeting.
• Communicating the clear expectation that he was entitled to rights and privileges above and apart from other council members because he is a professional engineer with more knowledge than the even staff who are presenting items.
My hope is that this discussion would encourage Mr Watins to modify his behavior and that this council could specifically protect staff from his attempts to influence their work through confidential, one-on-one meetings . I found that through my research, the best action would be to report the conduct to the rest of the council. Because the conduct had become so severe and the legal implications so serious, however we will need the advice of our City Attorney to move forward.
https://www.fppc.ca.gov/learn/public-officials-and-employees-rules-/communicationssent-using-public-funds.htmlhttps://www.fppc.ca.gov/learn/public-officials-andemployees-rules-/communications-sent-using-public-funds.html What the law is trying to achieve: Central to the concept of public service is the notion that public officials receive only the stipend and salary provide to them. * Public officials serve as stewards of public agency resources. These resources cannot be used for the personal or political benefit of public officials.
What this means for Candidates for Public Office in regards to Elections:
* Cannot use public agency resources (money, travel expense, staff time, and agency equipment) for political purposes.
* Cannot send mass mailings at the public expense.
* Cannot solicit agency employee support for their political causes.
Campaign Support from Agency Staff
California law has a strong tradition of separating the electoral process from decisions relating to public employment. There are a number of laws designed to insulate public employees from having to participate in the campaign activities of candidates for their agency’s governing board.
The Fair Political Practices Commission
139
Prohibited Mass Mailings
Communications that Feature an Elected Official
1. Mass Mailing. More than 200 substantially similar items are sent in a calendar month, excluding any item sent in response to an unsolicited request.
The law reflects the notion it is both unfair and unethical for public officials to use public resources to enhance their visibility and name identification with potential voters. The following information provides guidance on restrictions contained within the Act related to mass mailings sent at public expense under Sections 89001 - 89003. While it is not possible to address all types of mailings here, public agencies and elected officers are encouraged to request advice for specific guidance.
When requesting advice on a specific item, a sample of the mailing must be provided.
There are laws outside of the Act that may apply to certain mailings, such as the misuse of public funds, so it is important to also contact your agency’s legal counsel.
Please see an example of one of the many emails sent by Mr. Watkins to Staff, Planning Commissioners, Parks & Recreation Commissioners and the Public on 9/29/2024 with campaign material attached
Consequences of Violations
These restrictions are part of the Political Reform Act. Violations of these laws are punishable by a variety of sanctions, depending on the severity of the violation and the degree of intent to violate the law that enforcement entities can demonstrate, Criminal Sanctions A knowing or willful violation of these requirements is a misdemeanor. A person convicted of a misdemeanor under these laws may not be a candidate for elective office for four years following the conviction. Such a conviction may also create an immediate loss of office under the theory the official violated his or her official duties, or create a basis for a grand jury to initiate proceeding for removal on the theory of failure to disclose constitutes willful or corrupt misconduct in office. Jail time is also a possibility.
Official Misconduct
Official misconduct is when a public servant does something they shouldn't do or doesn't do something they should do, and it's related to their elected position. It means that the person did something wrong on purpose to benefit themselves or hurt someone else. I n California, official misconduct is sometimes called “misconduct in office or “willful misconduct”
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It's important to note that official misconduct only applies when the person knew they were doing something wrong. If they made an honest mistake or used their best judgement, that's not official misconduct.
Concerning Statements from Mr. Watkins at the Candidates Forum:
“City customers benefit from my professional engineering background. I evaluate maintenance and improvements for our streets, water, sewer and electrical utilities. Not all improvements are equally beneficial. Some may not be prudent and will increase utility bills too much. I will evaluate the costs every major project against its benefits. “ I opposed a customer funded raw water tank which would have cost water users an additional $5 a month for 30 years. This and I forced staff to apply for a grant. The city just received a 6.8 million dollar grant for a new tank so utility bill will not be impacted.” “The Summit City area may receive a grant for community sewers. I support sewers for the core residential area but oppose forcing homeowners of larger parcels to abandon proper functioning septic tank systems”
“I have guarded optimism for the 49 unit low income housing being built on Shasta Dam Boulevard. This project was forced upon the City and lacks adequate parking” Examples of Misuse of Staff Time at Mr. Watkins request:
Skateboard park project bid for qualified contractor 9/3/24 meeting at 44.00 ending at 1:53
Additional Traffic Study by City Engineer proposing a 4 way stop sign at Pine Grove Avenue and Ashby Road on 5/23/2023
These are my concerns and I would like to open this up for any public comment.
Are there any comments by the City Council?
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CITY OF SHASTA LAKE
RESOLUTION #___________
A RESOLUTION TO FORMALLY CENSURE COUNCIL MEMBER
GREG WATKINS
Whereas on Monday, October 7, 2024, a special meeting was called by Mayor Janice Powell, with agenda item of 2.1 Discussion and possible action of campaign practices of City Council Members.
Whereas the Mayor offered the following documents for reference:
A copy of the Municipal Code, Title 2, Administration and Personnel, Chapter 2.0 City Council.
A Copy of Chapter 2.22 .270 of our Code of Ethics for the City of Shasta Lake.
A copy of the Government Code of the State of California, Section 831b A copy of an email by Greg Watkins dated September 29, 2024 with campaign material attached Whereas a statement detailing the misconduct of Councilmember Watkins was read into the record at this public meeting: Specific violations that have been brought to our attention by the public and city staff about the behavior by our most senior council member, Greg Watkins. 1)At our last Council Meeting, there were two public comments in which citizens complained about Mr. Watkin’s conduct at a League of Women Voters Candidates Forum and at a local church. 2) The Mayor received 2 phone calls regarding the questionable placement of campaign signs by Mr. Watkins and was told by staff that he was advised to move the signs. 3) The final incident was when Council Members were advised that Mr. Watkins sent out an email to City Staff (at their employee/office email)and to members of the Planning Commission, and Parks & Recreation Commission along with members of the public. The email asked that the recipient “Please open this word document. Consider printing it and sharing with your neighbors and friends who live and vote in the City of Shasta Lake.”.
And whereas, other instances of violations of the City of Shasta Lake’s Code of Conduct and the California Political Reform Act were brought forward detailing his behavior:
• Directly contacting staff at various levels of the organization suggesting, and sometimes demanding, that certain things be done or not done.
• Displays of anger and temper directed at other council members or staff at public meetings. • Attempting to influence studies or supporting evidence by personally contacting individuals who support his position and encouraging them to speak in favor of an issue at a public meeting. • Communicating the clear expectation that he was entitled to rights and privileges above and apart from other council members because he is a professional engineer with more knowledge than the even staff who are presenting items.
And whereas, the item was opened for public comment and there was a written comment by Gracious Palmer and in person comment by Rosemary Smith detailing their experience with Mr.
Watkins’ misconduct and calling for action from the Council.
And whereas, each Council Member voiced their concern about Mr. Watkins’ misconduct. 142
And whereas, the Mayor offered Mr. Watkins to respond to his actions and behavior and he denied any misconduct, inappropriate behavior, and didn’t believe that the government codes provided were relevant to his actions.
So let it be known that the Council of the City of Shasta Lake does not condone or approve of this type of conduct and behavior and finds it necessary to protect the public trust by declaring our strong disapproval of such conduct.
and WHEREAS, adoption of this Resolution of Censure is necessary to affirm that such conduct will not be tolerated and to prevent such conduct from being repeated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shasta Lake as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Councilmember Watkins violated the City’s Code of Conduct and California law with conduct inappropriate and unacceptable for a public official.representing the City of Shasta Lake, and this Resolution serves as a formal statement of censure of Councilmember Watkins’ conduct as described.
SECTION 3. Councilmember Watkins’ actions and disrespect for the law reflect negatively upon the City of Shasta Lake, the City Council, and the community as a whole.
SECTION 4. Councilmember Watkins did not effectively represent and lead the citizens of Shasta Lake with his actions, disrespect for the city’s municipal code and poor judgement in not following the laws of the State of California. He sets a poor example of leadership with his actions which severely damaged the community’s trust and confidence that he will abide by our city, state and national laws.
SECTION 5. Councilmember Watkins has put into question if the community can be certain that he will conduct himself, going forward, with the community’s best interest at heart with his actions and deeds.
SECTION 6. This Resolution of Censure is to inform the community that we, the City of Shasta Lake City Councilmembers, do not condone Councilmember Watkins’ actions and behavior and to express our disappointment in how those actions have reflected upon on our community.
DULY AND REGULARY ADOPTED this 15th day of October, 2024, by the following vote:
AYES:
NOES:
ABSENT:
JANICE POWELL, Mayor
ATTEST:
CHARITY TATLOW, Deputy City Clerk
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