Item 25 - Real Property Acquisition for Warner Avenue Street Improvements

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Pursuant to State Law, prior to the close of escrow. B uyer w ill prov ide Escrow Holder with a Preliminary Change of Ownership Report. In the event said report is not handed to Escrow Holder for submission to the County in which subject property is located, upon recording of the Grant Deed. Buyers acknowledge that the applicable fee will be assessed by said County and Escrow Holder shall debit the account of Buyer for same at close of escrow. 16. NON-RESIDENT ALIEN The Foreign Investment in Real Property Tax Act (FIRPTA), Title 26 U.S .C., Section 1445, and the regulations there under, provide in part, that a trans feree (buyer) of a U.S. real property interest from a foreign person must withhold a statutory percentage of the amount realized on the disposition, report the transaction and remit the withholding to the Int ernal Revenue Service {IRS) within twenty (20) days after the transfer. Fidelity National Title Company will not detennine nor aid in the determination of whether the FIRPT A withholding provisions are applicable to the subject transaction. nor act as a Qual ified Substitute under state or federal law. nor furnish tax advice to any party to the transaction. Fidelity National Title Company will not determine nor aid in the determination of whether the transaction will qualify for an exception or an exemption and is not responsible for the filing of any tax forms with the IRS as they relate to J'IRPT A. nor responsible for collecting and holding of any documentation from the buyer or seller on the buye r's behalf for the purpose of supporting a claim of an exception or exemption. Fidelity National Title Company is not an agent for the b uyer for the purposes of receiving and anai)'Z ing any evidence or documentation that the seller in the subject transaction is a U.S. citizen or resident alien . Fidelity National Title Company is not responsible for the payment of this tax and/or penalty and/or interest incurred in connection therewith and s uch taxes arc not a matter covered by the Owner's Policy of Title In surance to be issued to the buy er. Fidelity National Title Company is no t re s ponsible lo r the completion of any IRS documents o r related forms related to the referenced statute. The buyer is advised : they must independently make a determination of whether the contemplated transaction is subject to the withholding requirement; bear full responsibility for compliance with the withholding requirement if applicable and/or for payment of any tax. interest, penalties and/or other expenses that may be due on the subject t ransaction: <md they arc responsible for the completio n of any and all forms. including but not limited to applicable IRS documentation, and the mailing of tho se forms. The Buyer is advised any forms, documents, or information received from Fidelity National Title Company is not tax or legal advice and should not be construed as such nor treated as a complete representation of FIRPTA requirements. Buyer s hould seck outside counsel from a qualified individual to determine any and all implicatio ns of the referenced statute. 17 . ENCUMBRANCES Escrow Holder is to act upon any statements furnished by a lienholder or his agent without liability or responsibility for the accuracy of such statements. Any adjustments necessary because of a discrepancy between the information furni s hed Escrow Holder and any amount later determined to be correct shall be settled between the parties direct and outside of escrow. You are authorized, without the need for further approval. to debit my account for any fees and charges that I have agreed to pay in connection with thi s escrow, and for any amounts that I am obligated to pay to the holder of an y lien or encumbrance to establ is h the title as insured by the pol icy of title insurance called for in these instructions. If for any reason my account is not debited for such amounts at the time of closing, I agree to pay them immediately upon demand. or to reimburse any other person or entity who has paid them . 18. ENVIRONMENTAL ISSUES Fidelity National Title Company has made no in vestigation concerning said property as to environmental /toxic waste issues. Any due diligence required or needed to determine environmental impact as to forms of toxi lication. if applicable. wil l be d o ne directly and by principals outside of escrow. Fidelity National Title Company is rel eased of any responsibility and/or liability in connection therewith. 19. USURY Escrow Holder is not to be concerned with any quest io ns of usury in any loan or encumbrance involved in the processing of this escrow and is hereby released of any responsibility or liability therefore . 20. DISCLOSURE Escrow Holder's knowledge or matters affecting the property. provided such fac ts do not prevent compliance with these instructions. does not create any liability or duty in addition to these instructions. 21. FACSIMILE/ELECTRONIC SIGNATURE Escrow Holder is hereby authorized and instructed that. in the event any party utilizes electronic or "facsimi le " transmitted signed documents or instructions to Escrow Holder, you are to rely on the same for a ll escrow instructi on purposes and the closing of escrow as if they bore original s ignatures. "Electronic Signature'' means, as applicable, an e lect ronic copy or signature complying with California Law. 22. CLARIFICATION OF DUTIES Fidelity National Title Company serves ONLY as an Escrow Holder in connection with these instructions and cannot give legal advice to any party hereto. Escrow Holder is not to be held accountable or liable lor the sufficiency or correctness as to form , manner of execution, or validity of any in strument deposited in this escrow, nor as to th e identity, authority or rights of any person executing the same. Escrow Holder's duties hereunder shall be limited to the proper handling of such money and the proper safekeeping of s uch in struments. or other documents received by Escrow Holder, and for the di s position of same in accordance with the written instructions accepted by Escrow Holder. The agency and duties of Escrow Holder commence only upon receipt of copies of these Esc row In structions e xecuted by all parties. Ge neral Provisio ns Printed: 1/110001 12 :00 AM by JK E1000076 (OS I Rev. 051191 17) Page 3