HomeMy WebLinkAboutGARNSEY CORPINSURANCE NOT REQUIRED A-2022-234
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CLERK OF THE C B� ,,TE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
_4 DEC 13 2022 AND BILATERAL ESCROW INSTRUCTIONS
DATE:
THIS AGREEMENT (hereinafter "PSA"), entered into on De4fe n W GAAA, 2022, between the CITY OF
SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the
State of California (hereinafter "City" or 'Buyer"), and, Garnsey Corp., a Delaware Corporation ("Seller'),
regardless of number or gender;
THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject
to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase
from Seller, that certain real property (hereinafter "Said Real Property") legally described as follows:
0'. GIOA( KiPJ Ael A)123p -- SEE EXHIBIT "A" — Legal Description
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as 841 North Garnsey Street, Santa Ana, CA 92701)
(APN: 005-142-03)
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following
terms, conditions, promises, covenants, agreements and provisions, to wit:
1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the
office of Ticor Title, Johna L. Cannon - Title Officer, 1500 Quail Street, 3rd Floor, Newport Beach, California,
johna@ticortitle.com, within sixty (60) days from and after the date on which the City has approved this
Agreement.
2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly
provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all
conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations,
encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold
interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller
hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as
provided above. Seller further agrees that acceptance by City of any deed to said real property, with or
without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit,
limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all
leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and
clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City
because of the failure of Seller to convey title as hereinabove provided.
3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real
property to City, within the time and at the place hereinabove specified for said conveyance of said real
property, a policy of title insurance to be issued by the above mentioned title company, with the City therein
named as the insured, in the amount of $765,000 (Seven Hundred Sixty Five Thousand Dollars) insuring the
title of the City to said real property is free and clear of any and all conditions, restrictions, reservations,
exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -
monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title,
excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City
of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or
not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a
waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason
of the failure of Seller to convey title or to provide title insurance as required in this Agreement.
4. Escrow. City agrees to open an escrow at the office of Golden Coast Escrow, 130 Centennial Way,
#D, Tustin, California, (the Escrow Agent) within five (5) days from and after the date on which the City has
approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller
and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the
escrow. Escrow to close within thirty (30) days of the City's execution of this Agreement. If escrow is not in a
condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or
interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option,
request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow.
Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no
such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to
possession of the Property immediately upon close of Escrow.
The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of
this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated
herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of
this Agreement, shall carry out its duties as Escrow Agent hereunder.
City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer
taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees
and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment
of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil
Code Procedures Section 1265.240.
The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed
upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement.
5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within
which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared
and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State
of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of
the State of California for that portion of property taxes on said real property for said fiscal year which have
been paid prior to the date the deed, as detailed in Exhibit "C" attached hereto and incorporated herein by
this reference, conveying said real property to City is recorded which is allocable to that portion of the fiscal
year which begins on the date the deed conveying said real property to City is recorded and made
uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of
California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller
shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written
request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case
shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow.
All unpaid taxes on said real property for any and all years prior to the fiscal year within which said
conveyance is made shall be paid by Seller before conveyance of said real property to City.
6. Payment of Purchase Price. City agrees to pay to Seller and Seller agrees to accept from City, as
and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the
realty), goodwill (if any), and severance damages, the total sum of $766,000 (Seven Hundred Sixty -Five
Thousand Dollars). City agrees to deposit said purchase price, which are funds available from the American
Rescue Plan Act as detailed in Exhibit "D", in escrow with the Escrow Agent within THIRTY (30) days from
and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby
authorized to pay the same to Seller upon and after:
(a) Conveyance of said real property by Seller to City as hereinabove provided
(b) Acceptance by City of a Grant Deed conveying said real property to City;
(c) Delivery to City of the policy of title insurance as hereinabove provided;
(d) Recordation of the Deed conveying said real property to City.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to
City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all
personal property.
a. No later than fourteen (14) days after the close of escrow, Seller shall have removed all
merchandise, inventory, equipment, personal property, and/or removable trade fixtures from
the Property. Any merchandise, inventory, equipment, personal property, and/or removable
trade fixtures at the Property as of fourteen (14) days after the close of escrow shall be
deemed abandoned by Seller on that date.
8. Rental and Occupancy By Tenants. Seller acknowledges the presence of multiple tenants at the
property. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on
a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any
written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis
of a 30-day month/360-day year consistent with that statement, subject to approval of City. Seller hereby
agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed
by seller, or which may be vacated by present occupants prior to close of escrow. Seller agrees that any and
all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior
to the close of escrow shall be transferred to and become the property of City during escrow.
Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements,
tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless
from all liability from any such leases or agreements.
Tenants on the property at the time this Agreement is approved shall be eligible for relocation advisory and
financial assistance to the extent required by state and/or federal law.
9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the
part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said
covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein.
10. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions
hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective
Parties hereto.
11. Time is of the Essence. In all matters and things hereunder to be done and in all payments
hereunder to be made, time is and shall be of the essence.
12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation
at fair market value for said real property and includes payment for fixtures & equipment (improvements
pertaining to the realty), goodwill (if any), and severance damages.
13. Acknowledgment of Full Benefits and Release.
A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators,
successors and assigns, hereby acknowledges that this Agreement provides full payment for the
acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any
claim for compensation for injury to the remainder ("severance damages"); precondemnation
damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of
any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the
realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any
right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion
of the Property, or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil
Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure
section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of
Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon
Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and
attorney's fees and costs. It being understood that this is a complete and full settlement of all
acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection
with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow.
B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority.
Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully
releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all
other persons and associations, known or unknown, from all claims and causes of action by reason of
any damage which has been sustained by Seller, or may be sustained by Seller, as a result of
Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any
preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to
indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct
improvements on the Property.
This acknowledgment and release shall survive the Close of Escrow
14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-25, P.O. Box
1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the
Seller is P.O. Box 1536, Tustin, CA 92781-1536.
16. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of
their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were
raised or could have been raised in connection with the acquisition of Said Real Property by City.
17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant,
occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any
hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the
Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit
the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on,
under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term
"Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any
local governmental authority, the State of California, or the United States Government, including, but not
limited to, any material or substance which is: (i) defined as a "hazardous waste", "extremely hazardous
waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section
25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law),
(ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division
20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and
Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv)
defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division
20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii)
polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous"
pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated
as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined
as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42
U.S.C. Section 6901 et seg. or (xi) defined as a "hazardous substances" pursuant to Section 101 of the
Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. Section
9601 et seq. .
18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies
with all applicable laws and governmental regulations including, without limitation, all applicable federal,
state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other
environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution
Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental
Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
regulations, and ordinances of the city within which the subject property is located, the California Department
of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the
Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.
19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any
claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or
expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the
presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or
about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged
violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use,
generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or
about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine,
penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for
personal injury (including sickness, disease, or death, tangible or intangible property damage,
compensation for lost wages, business income, profits or other economic loss, damage to the natural
resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse
effect on the environment).
20. Contingency. It is understood and agreed between the parties hereto that the completion of this
transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the
City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said
acceptance and approval.
21. Modification and Amendment. This PSA may not be modified or amended except in writing signed
by the Seller and City.
22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of
which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the
remaining provisions of this PSA shall remain in full force.
23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience
only and are not to be considered in construing this PSA.
24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the
State of California.
26. No Reliance By One Party On The Other. Each party has received independent legal advice from its
attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The
provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon
any attribution to such party as the source of the language in question.
26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other
person or entity has or shall acquire any rights hereunder.
27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute
and deliver such further documents (in form and substance reasonably acceptable to the party to be charged)
and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and
conditions of this PSA, without cost.
28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the
benefit of the successors and assigns of the Parties to this PSA.
29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature
herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City
in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as
if fully set forth in the body of this PSA.
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written
above.
[signature blocks appear on next page]
SELLER:
A-2022-234
Date: Nov 29, 2022 2022
Sheila Soledad Alvarez
President, Garnsey Corp
DIRE No. 01843338
Date: 2022
City/Buyer:
City of Santa Ana
Date: Date: I;Z.h3 2022
Kristine Ridge
City Manager
Attest:
AAA
, Date: 12-11 2022
�. City Clerk
Approved as to Form:
'rV (/ ��
rDate: November 28, 2022
John M. Funk
Chief Assistant City Attorney
RECOMMENDED FOR APPROVAL:
A✓ Will lle4n Date: � Z 2022
Michael L. Garcia
Executive Director
Conununity Development Agency
EXHIBIT "A"
LEGAL DESRIPTION OF PROPERTY
Legal Description of 841 North Garnsey, Santa Ana, CA 92701
THE RAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CAUFORNIA,
AND IS DESCRISEO AS FOLLOWS:
LOT 31 OF THE WAKEHAM TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 3 OF MISCELLANEOUS MAPS, IN'.
THE OFFICE OF THE COUNTY RECORDER OR SAID COUNTY.
EXCEPTING THEREFROM A STRIP OF LAND 2 FEET WIDE OFF THE WEST SIDE OF SAID LOT AS
CONVEYED TO THE. CITY OF SANTA ANA, BY DEED RECORDED IN BOOK 206, PAGE. 302 OF DEEDS,
RECORDS OF ORANGE COUNTY, CALIFORNIA..
ASSESSOR'S PARCEL NUMSERr 005 142.03
e 0
EXHIBIT "B" (Golden Coast Escrow)
GENERAL ESCROW PROVISIONS
Golden Coast Escrow, Inc.
Licensed By The California Department of Financial Protection & Innc
Lic.#96DBO-127309
Date: 11 / 17/ 2022
130 Centennial Way #D
Tustin, CA 92780
Phone:(714) 884-3282
Fax:(714)384-7581
lrrct_'goldencoaslesrrorp,rref
Escrow No.: 4437-LG
Escrow Officer: Lucia Guzman
THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS — READ IT CAREFULLY!
Licensed By The California Department of Financial Protection & Innovation, L!c.#96DBO-127309
ALL CASH - SUPPLEMENTAL ESCROW INSTRUCTIONS & GENERAL PROVISIONS
Buyer has handed Escrow Holder an initial deposit in the arrOuntof 0.00
Prior to the close of escrow, Buyer will deposit an additional amountof 765,000.00
TOTAL CONSIDERATION
765,000.00
Buyers will further hand you the balance of the down payment in the sum of $ 765,000.00 and any necessary
costs and charges in the form of wired funds prior to the close of escrow.
Prior to the expiration of the time specified in this paragraph, Buyers) and/or Seller(s) will hand you, or
cause to be handed to you, all funds and/or documents, required from Buyer(s) and/or Seller(s) to enable
you to comply with these Instructions, all of which you are authorized to use and/or deliver on
11/17/2022, provided that our title Insurer, , has advised you that they are in a position to Issue an Owner's
Policy of Title Insurance in the Issuing title company's usual form (as specified in paragraph 13.E of the
California Residential Purchase Agreement and Joint Escrow Instructions), with a liability of not
less than the total consideration of $ 765,000.00, and insuring title to Real Property described as:
All that certain real property situated in the County of, State of California, described as follows
See Attached, Exhibit'A', made a part hereof
SELLERITRANSFEROR STATE THAT PROPERTY ADDRESS IS:
841 N Garnsey St, Santa Ana, CA 92701
Showing title vested in:
SUBJECT TO:
1. Current general and special taxes for the fiscal year in which this escrow closes, and taxes for the ensuing
year, If any, a lien not yet due and payable.
2. The lien of supplemental taxes, If any, assessed pursuant to Chapter 3.5 (commencing with Section 75) of
the California Revenue and Taxation Code, all bonds and assessments levied or assessed subsequent to
the date of close of escrow. (a Supplemental Tax Bill will be Issued and BUYER accepts full responsibility
for all additional taxes due by reason of reassessment) ANY TAX BILLS ISSUED AFTER THE CLOSE OF
ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER OUTSIDE OF THIS ESCROW.
3. Covenants, conditions, restrictions, reservations, rights, rights of way, easements and the exception or
reservation of water, oil, gas, minerals, carbons, hydrocarbons or kindred substances on or under said
land, now of record, if any, or In the Deed to file.
ADDITIONAL INSTRUCTIONS
REAL ESTATE PURCHASE CONTRACT:
Escrow Holder has received and acknowledged the California Association of Realtors "California Residential
Purchase Agreement and Joint Escrow Instructions" dated 11/17/2022 and shall act in accordance with
Paragraph *29 "JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER".
Seller(s) Initials 7t�
Page 1
Buyer(s) Initials
Date: 1111712022 RE: Escrow No. 4437-LG
Paragraph #G. Other Terms., as shown in said Purchase Contract, shall not be of any concern nor
liability to escrow holder, with the exception of the followings.
In addition to the original Purchase Contract, escrow holder has received Seller Counter Offer #^ and Buyer
Counter Offer # r, Escrow Holder shall only be concerned with the fallowing Items,, which are items not
covered by Paragraph 20s
Regardinq 14.G. EFFECT OF CANCFLLATTOtJ ON DEPOSITS. ITS_ Regardless of the language in this
section, Buyer and Seller herein acknowledge that Escrow Holder will require mutual signed
instructions for any release of funds and for escrow or contract cancellation.
Please Initial :Seller(s) Initials-'&- \- Buyer(s) Initials \
The following items are shown in these instructions for clarificationpurposes, due to the fact that the original
contract deposited into escrow contained blanks within the instructions to escrow holder:
Costs and Chargest Buyer(s) hereby agree(s) to pay the following fees and charges through escrow: Buyer's
Escrow Fee, Recording Fees, Notary Fees, Lender's Policy of Title Insurance, Federal Express/Delivery Fees if
any, and all additional fees/charges as set forth in. the Estimated Escrow Statement to he executed, Seller(s)
hereby agree(s) to pay the following fees and charges through escrnw: Recording Fees, Notary Fees, Owner's
Policy of Title Insurance, Seller's Escrow fee, Document Preparation, County Transfer Tax, Federal Express,
Delivery Fees, if any, Beneficiary Statement(s) and/or Demand(s) together with any amounts necessary to
place title in condition tailed for, Commissions and any/all additional fees/charges asset forth in the
Estimated Escrow Statement to be executed. Golden Coast Escrow, Inc, may be required to advance funds into
this escrow, In order to expedite the processing of this transaction. All funds advanced shall be reimbursed to
Gorden Coast Escrow, Inc. at the closing of this escrow or upon the cancellation of this escrow, from the
appropriate paty(les).
Fire Insurance: Buyer herein will deposit with Escrow Holder, prior to the close of.scrow, a new hazard
insurance policy, acceptable to New Lender. Escrow Holder is Instructed to charge Buyer and pay premium as
billed at close of escrow, unless, prior to close of escrow, a. paid receipt for same Is
provided to Escrow Holder,
Property Disclosure Report: Seller shall provide for benefit of the Buyer a "Natural Hazard Disclosure Report:
Escrow holder is authorized and instructed to pay the bill for from Sellers proceeds at the close of
escrow. Please note Golden Coast Escrow, Inc„ does not order these reports, please froward the Natural Hazard
report and invoice to your escrow officer as soon as possible. ESCROW HOLDER HAS NO RESPONSIBILITY
TO PROVIDE, SAID REPORT AND IS HEREBY RELIEVED OF ANY AND ALL LIABILITY IN REFERENCE TO
REPORT'S FINDINGS AND RECOMMENDATIONS.
Preliminary Title Report Approval: This escrow is subject to the Buyer's approval of the preliminary report
Issued by the title company in this transaction. Buyer will be provided with a separate prelim approval letter by
the escrow holder and prelim shall be deemed approved and this condition shall be satisfied,
Preliminary Change of Ownership Report: Buyers will hand you before close of escrow a completed
"Preliminary Change of ownership' Report which you are Instructed to file accompanied with the County
Recorders or, in the absence or rejection thereof you will pay from the buyer's funds an additional $20.00 to the
County Recorder if required. Golden Coast Escmwr Inc, cannot guarantee the acceptance by the County
Assessor's office of the PCOR provided at the close of escrovr. The undersigned buyer, or transferee, hereby
acknowledges that they may send a duplicate Preliminary Change of Ownership report following the close of this
escrow. Suyer's/Transferee's failure to comply with the Assessors request to complete Information and return the
form., may cause penalties or fines to be Imposed. The undersigned hereby does and shall, indemnify and hold
Gorden Coast Escrow, Inc. harmless from and against all penalties, fines, costs, damages, losses, attorney fees,
claims and liability of any nature whatsoever, which may arise in connection therewith.
Cancellation of Escrow: AS A CONDITION OF ESCROW HOLDER ACCEPTING THE ESCROW AGENCY CREATED
BY THE AGREEMENT AND THE SUPPLEMENTAL ESCROW INSTRUCTIONS, BUYER AND SELLER ACKNOWLEDGE
THEY UNDERSTAND AND CONSENT THAT REGARDLESS OF THE CONSUMMATION OF THIS TRANSACTION,
ESCROW HOLDER'S MINIMUM CLERICAL FEE FOR THE PREPARATION OF THESE SUPPLEMENTAL INSTRUCTIONS
AND ANY ADDITIONAL DOCUMENTS HERETO SHALL BE NOT LESS THAN $200.00. ALL PARTIES FURTHER
UNDERSTAND THAT ADDITIONAL FEES MAY ALSO BE CHARGED AS A RESULT OF THE CANCELLATION OF
ESCROW.
Sellers) (initials-"" Buyer(a) Initials
page 2
Date: 1111712022
RE: Escrow No. 4437-LG
[owners Policy: In order for escrow to comply with new Closing Disclosuna regulations, escrow holder is
Instructed to debit account of buyer for the owners policy of title insurance through this transaction. Escrow
Holder Is then instructed to credit the buyer and debit seller for the owners policy of title insurance at the close
of escrow.
HOAt Seller shall deposit to Escrow Holder any fees required prior to order of documents for
Homeowner's Association.
GENERAL PROVISIONS
IMPORTANT - PLEASE READ CAREFULLY
1. Executions & Delivery of Escrow Lrstructions
These instructions may be executed in counterparts and said counterparts together will constitute one and the same
instrument. In the event that the patties hereto utilize facsimile or electranically transmitted instructions to Escrow
Holder, said parties hereby instruct Escrow Holder to rely upon such instructions as if they were originals. Any
amendments and supplements to these inductions must be in writing and shall only be effective when executed and
delivered to Escrow Holder. Escrow Holder shall not be concerned with nor have any obligations with respect to items
designated as memoranda in these instructions or with any other agreement or contract between the parties to this
escrow.
2. Deposit Of Funds
(i) All funds received in this escrow will be deposited with other escrow funds in one or more non -interest -bearing
escrow accounts of Escrow Holder in a financial Institution selected by Escrow Holder. Escrow Holder shall not be
responsible and shall have no liability far' any delay in closing this escrow if the funds deposited in this escrow are
not available For immediate withdrawal as a matter of right following deposit in such financial institution.
(ii) You have the Opportunity to earn interest on the funds you deposit with us through a deposit account arrangement
that Escrow Holder has established with one of its financial institutions. The interest rate for these accounts varies
between financial institutions, fluctuates periodically based on market conditions and other Factors, and may
Change prior to or during the time your funds are on deposit. You will not have an opportunity to earn interest on
any £ands deposited by a lender.
(ili) If you elect to earn interest through this special account arrangement, Escrow Holder will charge you an additional
fee of $50.00 far the establishment and maintenance of the account. This fee compensates Escrow Holder for the
costs associated with opening and managing the interest -bearing account, preparing correspondence
documentation, transferring funds, maintaining appropriate records for audit/reconciliation purposes and filing any
required tax withholding statements, It is important that you consider this cost In your decision since the cost
may exceed the interest you earn. if you are interested in having your funds deposited in an interest -bearing
account, please contact your escow officer,
('w) If you do not elect to have your funds deposited in an interest -bearing account your funds (together with any
funds deposited by a lender) will be held in Escrow Holder's general escrow trust account. The general escrow trust
amount is restricted and protected against claims by third parties or creditors of Escrow Holder. Escrow Holder
and)or its parent company may receive certain direct and indirect financial benefits from the financial institution as
a result of maintaining the general escrow trust account. These benefits may include, without limitation, credits
allowed by such financial institution on loans to Escrow Holder andfor its parent company and earnings on
investments made with the proceeds of such loans, as well as accounting, reporting and other services and
products of such financial institution. Escrow Holder shall have no obligation to account to the parties to this escrow
in any manner for the value of, or to pay to any patty, any benefit received by Escrow Holder and/or its parent
company, Any such benefits shall bedeemed additional compensation of Escrow Holder fiat Its services in
connection with this escrow. Some or all of these benefits may be deemed interest due you under California
Insurance Code Section 12413.5. As indicated above, you may elect to have your funds placed in a separate,
Interest -bearing account and receive the benefits therefrom, but you will be required to pay Escrow Holder an
additional fee for this service. Alternatively, you may leave your funds in the general escrow trustaccount and
thereby authorize Escrow Holder to keep the benefits it and/or its parent company receives from the financial
institutlom In either event, you understand and agree that Es,crow Holder andlor its parent company may receive
and retain for their sale benefit any and all benefits derived from the general escrow trust account prior to the
deposit of your funds in an interest -bearing account and following the withdrawal of your funds from such interest -
bearing account (normally two business days prior to the close of escrow).
(Y) All parties depositing funds in connection with this escrow are hereby noted that the. funds so deposited are
insured only to the limit provided by the Federal Deposit Insurance Corporation,
(vi) Funds deposited by a lender are ordinarily deposited to escrow one or two days prior to closing, you should he
aware that your fander may begin charging interest on your loan from the date loan funds are deposited into
Escrow Holder's escrow trust account.
3. Good Funds Law - California Insurance Code §12413.1
All parties are aware and understand that California Insurance Code $,12413.1 mandates that funds deposited into an
escrow must be collected and available For withdrawal PRIOR. TO DISBURSEMENT. The determination of the availability
of funds is set forth as failovm
r) CASH AND ELECTRONIC TRANSFERS (`wired funds") are mailable For SAME DAYdisbursement.
il) CASHIER'S CHECKS AND CERTIFIED CHECKS are available far disbursement THE NEXT BUSINESS DAY;
In order to avoid unnecessary delays of two to seven days, or more, please use wire transfers, cashiet's checks or
Seller(s) InitialsSA@7 Buyer(s) Initials
page 3
Date: 11/1712022
RE: Escrow No. 4437-LG
certified checks whenever possible.
4. Prorations; All adjustments and prorations called for in this escrow shall be made urn the basis of a thirty
(30) day month, unless otherwise instructed In writing.
5. Oral instructions: You are authorized to accept oral instructions from the parties real estate broker(s), real estate
agent(s), Lender(s) or Lender's agent(s) concerning the preparation of escrow Instructions, amendments or
supplements. However, you are not to act upon any instruction so delivered until you have received the same in
writing signed by all parties to this escrow,
6. Loan Terms: Golden Coast Escrow, Inc. is not to be responsible in any way whatsoever nor to be concerned with the
terms of any new Ivan or the content of any loan documents obtained by any patty in connection with this escrow except
to order such loan documents into the escrow file, transmit the loan documents to Buyer for execution and transmit the
executed loan documents to Lender. The parties understand and agree that you are not involved nor concerned with
the approval and/or processing of any loan or the contents and effect of loan documents prepared by a Lender.
7. Facsimile/Electronic Signature Certification: The Residential Purchase Contract and Joint Escrow Instructions along
with any supplements, addendums or counter offers made a part thereof (Agreement), and bearing Electronic
Signature(s) is a true, and complete copy of the Agreement entered into for the purchase of real property described
herein and escrow holder is hereby authorized and instructed to rely upon said Electronic signatures based upon the
following certification.
(i) The undersigned consented to the use of electronic retards and signature in the creation and execution of the
Agreement and subsequent addenda to the agreement. If applicable.
(ii) The undersigned did sign the Agreement using an electronic signature.
(Iir) The undersigned was given the opportunity to keep a copy of the signed Agreement at the time the agreement was
signed.
(iv) The Electronic Signatures comply with the standards and requirement of the federal Electronic Signatures in Global
and National commerce Act (E-Sign) and, if applicable, the Uniform Electronic Transaction Act (UETA,) adopted by the
state in which the Electronic Signature is initiated and the Agreement in fully enforceable and legally binding in
accordance with their terms.
(v) The undersigned is signing this certification to Indemnify and hold harmless the escrow holder from any past,
present, or future loss that may occur from relying upon and accepting the Agreement with the electronic signatures
affixed thereto.
B. Escrow Holder is hereby authorized and instructed that, In the event any patty utilizes email or "facsimile" transmitted
signed documents or instructions to Escrow Holder, Escrow Holder is to rely on the same for all escrow instruction
purposes and the closing of escrow as if they are original signatures. "Electronic Signature" means, as applicable, an
electronic copy or signature complying with California Law. THESE ESCROW INSTRUCTIONS CANNOT BE SIGNED
ELECTRONICALLY, NOR ANY AMENDMENTS REFERRING TO RELEASING OF FUNDS ANDIOR BUYER OR SELLER CREDIT
OR DEBIT ACCOUNTS.
9. Instructions not to Supersede: These escrow Instivctlons are executed for the sole purpose of enabling the Escrow
Holder to complete this transaction, and am not intended to amend, modify, supersede or in any way change that
certain agreement entered into by the parties hereto and dated prior to these escrow instructions. Golden Coast
Escrow, Inc., its officers andlor employees shall not be concerned with said agreement or any matters as contained
therein and is responsible only for such matters as at e. specifically setout above in the instruction.
10..Special Recording; Late Confirmation of Recording
Sellers proceeds may not be available, and encumbrances may not be paid off, until the first business day following the
day of recording if 1) documents recorded at dose of escrow are recorded later In the day than 0:00 a,m. (which is
called a "special recording") at if 2) the County Recorder does not provide confirmation of recording within sufficient
time to allow same -day disbursement of funds by wire or check,
11. IRS 1009 REPORTING: As a condition of Escrow Holder's agreement to process this transaction, certain Information
must be provided by the. Seller(s)ITransferor(s) to Escrow Holder before the date of closing. Under the Tax Reform Act,
Internal Revenue Service Code Section 6043(e), Escrow Holder will repot the gross proceeds of an ownership interest in
reportable real estate to the internal Revenue Service ("IRS1. The Seller/TransFervr is required by law to Furnish a
Correct Taxpayer Identification Number ("TIN") or Social Security Number to Escrow Holder, The Seller/Transferor is
aware that the failure to do so may subject the Seller/Transfer-or to civil an criminal penalties. Each Seller/Transferor
must provide a permanent address to which the Escrow Holder can mail the IRS Form 1099-5 following the closeof
escrow,
12. Disbursement of Funds: Any funds disbursed during or on the close of escrow will be issued jointly to the parties
designated as payees unless you are instructed otherwise in writing by all designated payees. The funds representing
loan and/or sale proceeds will be disbursed jointly to all persons who were the record owners of the real property that is
the subject of the escrow. All disbursements of funds and/or delivery of other documents or instruments concerning this
escrow will be mailed to the Entitled parties by regular first class mail, postage prepaid, at their respective addresses
shown on file. However, at your discretion, you may send funds andlor other instruments or documents by certifted. or
registered mail, federal express, messenger or facsimile machine, in which case the party for whom the delivery was
sellers) Initialssnv Buyer(a) Initials
page 4
Date; i ff17f2022
RE: Escrow No. 4437-LG
made agrees to pay the costs. The provisions of this paragraph include, but are not limited to, requests for demand
statements, requests for beneficiary Statements, requests forhomeowners' association statements orany other requests
as you may deem necessary for the timely dosing of this escrow. You are to instruct the county recorder to mail recorded
documents to the entitled parties at their respective addresses. You are to instruct the title company to mail the title
policy(s) to the Lender(s) or Buyer(s) as approprlate,
13. No Dlsdosures warrantiesi The pasties acknowledge that depending on the type (Commercial or Residential) and
location (City) of real property involved in this escrow, there may be disclasure(s) as well as civil ordinance
requirements) that would affect the transfer of the real property. Escrow Holder urges both parties to seek appropriate
counsel from an attorney or licensed real estate broker to ascertain what disclosures, certificates and/or civil ordinances,
if any, need to be complied with prior to the close of escrow, and outside of the escrow between the parties. The parties'
signature upon these instructions shall be deemed evidence to the Escrow Holder that the parties have obtained
independent counsel, are aware of any disclosures/civil ordinance requirements and will comply with same Outside of this
escrow. Unless otherwise instructed in writing Escrow Holder has no responsibility or liability in connection with any such
disclosures or requirements;
14. Payment of Cost(S) Incurred Prior to close of Escrow: Buyer and Seller are aware Golden Coast Escrow, Inc, may
incur certain expenses during the course of processing this escrow, which must be paid prior to the close of escrow. Such
costs may include but are not limited to, credit report and appraisal Fees, demand request fees, homeowner's association
document Fees, courier fees, overnight mail serviceand city building reports, if applicable Escrow Holder is authorized
and instructed to release funds for payment of such costs, prior to the close of escrow, from funds deposited into escrow
by Buyer, Both Buyer and Seller acknowledge and accept that said funds are not refundable, whether this escrow closes
or cancels, However, at close of escrow, Escrow Holder is authorized and instructed to charge the appropriate party for
coats incurred, and is released from any and all liability in connection with complying with this instruction.
M Responsibilities: The parties agree that you have the responsibilities of an escrDw holder only and there are no other
legal relationships established in the terms and conditions of the escrow instmaians, In connection with this escrow: (1)
you shall have no duty or responsibility of notifying any of the patties to this escrow of any sale, resale, loan,
exchange or other transaction involving any of the subject real property or personal property; (2) you shall have no
responsibility or duty to disclose any benefit, including, but not limited to financial gain, realized by any person, firm or
corporation involving any of the subject real property or personal property; and (3) you shall have no responsibility or
duty to disclose any profit realized by any person, firm or corporation including, but not limited to, any real estate
broker, real estate sales agent andlor a party to any other escrow, in connection therewith, although such other
transaction may be handled by you in this escrow or in another escrmv transaction. If, however, you are instructed in
writing by any party, Lender or other entitled person to disclose any safe, resale, loan exchange crochet transaction
involving any of the subject real property or personal property or any profit realized by any person, firm or
corporation to any party to this escrow, you shall do so without incurring any liability to any party. You shall not be
liable for any of your acts or omission done in good faith nor for any claims, demands, losses or damages made or
suffered by any party to this escrow, excepting such as may arise through or be caused by you willful neglect or gross
misconduct.
16. Disclosure Reportsl Escrow Holder is not to be concerned with disclosures made by the patties to each other. In the
event Escrow Holder receives any disclosure reports requiring signatures or approval by a patty, Escrow Holder's only
responsibility will be to forward the report to the appropriate party.
17. Golden Coast Escrow, Inc. shall not be responsible for the following: (1) the sufficiency or correctness as to form,
manner of execution or validity of any documents deposited in this escrow; (2) the identity, authority, or right of any
person executing the same, either as to documents of record or those handled in this escrow; or (3) the failure of any
party to comply with any of the provisions of any agreemenq contract or other instrument flied or deposited in this
escrow or referred to in these escrow instructions. Your duties shall be limited to the safekeeping of money and
documents received by you, as escrow holder, and for the disposition in compliance with the written instructions accepted
by you in this escrow. You shall not be required to take any action regarding the collection, maturity, or apparent outlaw
of any obligations deposited with you unless otherwise instructed in writing. You shalt not be liable For any of your acts or
omissions done in good faith, nor for any claims, demands ,losses or damages made, claimed or suffered by any party to
this escrow, excepting such as may arise.
18. FIRPTA-Withholdingt FIRPCA-WrMHDLDING, The sale of a U.S, real property interest by a foreign person is subject to
the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) income tax withholding. Persons purchasing US, real
property interests from foreign persons, certain purchasers' holders, and settlement officers are required to withhold 10
% of the amount realized. Withholding is intended to ensure U.S, taxation of gains realized on disposition of such
interests. The Buyer shall remain the withholding holder notwithstanding any act by the Escrow Holden The Buyer must
find out if Seller is a foreign person. If Seller is a foreign person and Buyer falls to withhold, the Buyer may be held liable
for the tax. Seller and Buyer agree to execute and deliver to Escrow Holder any instrument, affidavit and statement or to
perform any act reasonably necessary to carry out the provisions of FIRPIA and regulations promulgated thereunder.
Seller herein certifies under penalty of perjury, that the information provided on said form Is eve, correct and complete.
Buyer and Seller hereby agree to hold Escrow Holder harmless and indemnify Escrow Holder regarding compliance with
this instruction.
19. Cal FIRPTA State Tax Withholding: Notifications to Buyer and Seller Regarding California Tax Withholding on the Sale
lea
Seller(s) Initials Buyer(s) Initials
Page S
Date: 1111712022
RE: Escrow No. 4437-LG
of Real Property Certain Sellers are exempt from withholding. Each Party must seek independent tax advice from a
professional, California Revenue and Taxation Code Section 18662 (as amended) requires prepayment of income tax by
withholding 3-1,/3% of the total sales price an real property for individuals and non -individual sellers of real property,
whether resident or non-residem. Alternatively, a Seller may elect to withhold'. on the gain on the sale and based an the
applicable withholdingrates effective at the close of escrow. For more information, Buyers and Sellers shouldrefer to
Form 593-C and 593-E Booklet, Real Estate Withholding Certificate and Computation of Estimated Gain or Loss hom the
California Franchise Tax Board, Withholding is also required for real estate foreclosures and short sale transactions unless
any exemptions certified on Form 593-C apply, or the sale qualifies under the automatic exclusions. For more information
on real estate famdosures and short sale transactions, refer to Publication 1016, Real Estate Withholding Guidelines by
the California Franchise Tax Board. Any futher questions regarding withholding Requirements for Sale of California Real
Estate may be answered by seeking independent professional tax advice or at httx//Avww.fth.r.gDvfindividualslwsrJ
Cal ifornia_Real Estate.shtml. The parties acknowledge that Escrow Holder is under no duty to take action regarding
withholding without further mutual wi itten instructions of Buyer and Seller in form satisfactory to Escrow Holder, together
with the completion of Franchise Tax Board forms. Section 18662 of California Revenue and Taxation Code (as amended)
requires a BUYER of real property to withhold if the Selle✓sexemption is not met. If withholding is not made Buyer may
become subject to a penalty in the amount equal to the greater of 10% of the amount required to be withheld or five
hundred dollars ($500M). For additional information, contact: FRANCHISE TAR BOARD, WITHHOLD AT SOURCE UNIT,
P.O. BOX 651, SACRAMENTO, CA 95812-0651, PHONE: (916) 845-4900 OR Tall Free AT (889) 792-4900. Seller and
Buyer hereby agree to comply with Section 10662 of California Revenue and Taxation Code (as amended), and Seller
shall cause to be deposited Into escrow such forms that may be necessary for the parties hereto to be In compliance with
said tax code, as expanded. The parties agree to hold Escrow Holder harmless and indemnify Escrow Holder for
complying with any CAL-FIRPTA instruction or any third -party claims that may arise.
20. License Disclosure: Licensed By The California Department of Financial Protection 8, Innovation, Lic,s96DBO-127309
21. Buyer and Seller due dates: If the date by which Buyer's or Seller's performances are due shalt be other than your
regular business day, such performances shall be due on your next succeeding business day.
22. Personal Property Title Search: Golden Coast Esormv, Inc. shall conduct no fen or fi8e search of personal property
regarding the sale or transfer of any personal property through this escrow. Should the paty(ies) desire that you
aonduot a lien or tide search of personal property, the party( es) requesting the same shall deliver separate and specific
written escrow Instructions to you along with an agreement to pay your additional escrow fees.
23. Not to be concerned with usury of loan: Golden Coast. Escrow, Inc- shall notice responsible in any way whatsoever nor
are you to be concerned with any question of usury in any loan or encumbrance, whether new or of record, which may arse
during the processing of this escrow.
24. Provide Title: Golden Coast Escrow, Inc. am in to provide title to the subject real property in the condition identified
in the escrow instructions by the parties. Esorow holder is not responsible for the contents or accuracy of any
beneficiary demands andlor beneficiary statements delivered to you by the existing lien holders- You are not required to
submit any such beneficiary statement andlor beneficiary demand to the pary(les) for appraval before the close of
escrow unless expressly instructed to do so In wdling. Should the party(ies) desire to pre -approve any such beneficiary
statement andlor beneficiary demand, the party(les) requesting the same shall deliver separate and specific written
escrow instructions to you.
25. Loan terns or Loan Document content: Golden Coast Escrow, Inc. are not to be responsible in any way whatsoever nor
to be concerned with the tents of any new loan or the content of any loan documents obtained by any Party in connection
withthis escrow except to order such loan documents into the escrow file, transmit the loan documents to Buyer for
execution and transmit the executed loan documents to Lender. The parties understand and agree that you are not
Involved nor concerned with the approval andlor processing of any loan or the contents and effect of loan documents
prepared by a Lender.
26. Third -Party Claims: The pafbes expressly Indemnity and hold you harmless against third -party claims for any fees, costs
or expenses where you have acted in good faith, with reasonable care and prudence andfor Incompliance with these
escrow instructions.
27, Escrow Holder only: The parties agree that Golden Coast Escrow, Inc. have the responsibilities of an escrow holder only
and there are no other legal relationships established in the terms and conditions of the escrow instructions. In connection
with this escrow: (1) you shall have no duty or responsibility of notifying any of the parties to this escrow of any sale,
resale, loan, exchange or other transaction involving any of the subject real propeny or personal property; (2) you shall
have no responsibility or duty to disclose any benefit, induding, but not timited to financial gain, realized by any person, firm
or corporation involving any at the subject real property or personal property; and (3) you shall have no responsibility or
duty to disclose any profit realized by any person, firm or corporation including, but not limited to, any real estate broker.
real estate safes agent andlor a Puny to any other escrow, in connection therewith, although such other transaction may
be handled by you in this escrow Orin another escrow transaction. If, however, you are instructed in writing by any patty,
Lender or other entitled person to disclose any sale, resale, loan exchange or other transaction involving any of the
subject real property or Personal property or any profit realized by any person, firm or corporation to any party to this
Seller(s) Initialss^� Buyer(s) Initials
Page 6
Date: I V1712022
RE: Escrow No. 4437-LG
escrow, you shall do so without incurring any liability to any party. You shall not be liable for any of your acts or omission
done in good faith nor for any claims, demands, losses or damages made or suffered by any party to this escrow,
excepting such as may anse through ar be caused by you willful neglect or gross misconduct.
26. (6) Month period: Escrow holder agency shall terminate six (6) months following the date last set for close of escrow and
shall be subject to earlier termination by receipt by you of mutually executed cancellation instructions. If this escrow was
not closed or canceled within the described six (6) month period, you shall have no further obligations as escrow holder
except to disburse funds and documents pursuant to written escrow Instructions and to interplead orotherwfse dispose of
funds and documents in accordance with a validly issued and validly served order from a court of competent jurisdiction.
If the conditions of this escrow have not been complied with at the expiration date in these escrow instructions, you are
instructed to complete the conditions at the earliest possible dale, unless Buyer or Seller have made written demand upon
you for the returnof the funds andfor instruments deposited by Buyer or Seller and/or for cancellation of this escrow.
Should demands be made upon you, you may withhold and slop all further proceedings in this escrow without liability for
interest on funds held or for damages until mutual cancellation instructions signed by all parties shall have been
deposited with you. The parties, jointly and severally, agree that, if this escrow cancels or is otherwise terminated and
not closed, the parties shall pay for any costs and expenses which you have incurred or have become obligated for under
these escrow Instructions, including but not limited to, attorneys' fees and reasonable escrow fees for the services
rendered by you, the parties agree that such costs and expenses shall be paid and deposited In escrow before any
cancellation or other termination of this escrow is effective. The parties agree that said charges for expenses costs and
fees may be unilaterally or bilaterally apportioned between Buyer and Seller in a manner which, In your sole discretion,
you consider equitable, in an amount not less than $250.00 and not greater than the amount of the entire escrow fee,to
be determined by you, and that your decision will be binding and conclusive upon the parties. Upon receipt of mutual
cancellation Instructions or a final order or judgment of a court of competent jurisdiction with accompanying writs of
execution, levies or gamfshments, you are Instructed to disburse the escrow funds and instruments in accordance with
such cancellation instructions, order or judgment and accompanying writ and this escrow shall, without further notice, be
considered terminated and canceled.
29. Parties shall cooperate:: The parties shall cooperate with you in carrying out the escrow instructions they deposit with you
and completing this escrow. The parties shall deposit Into escrow, upon request, any addifonal funds instruments,.
documents, instructions, authorizations, or other items that are reasonably necessary to enable you to comply with
demands made on you by third parties, to secure policies of title insurance, or to otherwise carry out the terms of their
instructions and close this escrow.. if conflicting demands of notices are made or served upon you, or any controversy
arises between the parties or with any third person arising out of or relating to this escrow, you shall have the absolute
tight to withhold and stop all further proceedings in, and in performance of, this escrow until you receive written
notification satisfactory to you of the settlement of the controversy by written agreement of the parties, or by the final order
or judgment of a court of competent jurisdiction. All of the parties to this escrow, jointly and severally, promise to pay
promptly on demand, as well asto indemnify you and to hold you harmless from and against all administrative
govemmentaf investigation, audit and legal fees, litigation and interpleader costs, damages, judgments, attorneys' fees,
expenses, obligations and Iiabillims of every kind (collectively "costs") which in good faith you may incur or suffer in
connection with or arising out of this escrow, whether said costs arise during the performance of or subsequent to this
esemw, directly or indirectly, and whether at trial or on appeal. You are given a lien upon all the fights. Iltles and interests
of the parties and all escrow papers and other property and monies deposited into this escrow to protect your rights and
to Indemnity and reimburse you. If the parties do not pay any fees costs or expenses due you under the escrow
instructions or do not pay for costs and ahomeyV fees incurred in any litigation or imerpleader, on demand, they each agree
to pay a reasonable fee for any allomey services which may be required to collect.. such fees or expenses, whether
attorneys" fees are incurred before trial, at trial or on appeal.
30. All Notices, Demands and Instructions must be in Writing: No notice, demand, instruction, amendment, supplement
or modification to these escrow instructions shall be of any effect in this escrow until delivered in writing to you and
mutually executed by all parties. AS SET FORTH ABOVE, YOU HAVE NO DUTY TO AND SHALL NOT VERIFY THE
SIGNATURES OF ANY PARTIES OR NON-PARTIES UNLESS FURTHER WRITTEN ESCROW INSTRUCTIONS TO DO
SO ARE RECEIVED AND THE ADDITIONAL ESCROW FEES ARE DEPOSITED. Any purported era[ Instruction,.
amendment, supplement, modification, notice or demand deposited with you by the parties or either of them shall be
ineffective and invalid. You are to be concerned only with the directives expressly setforth in the escrow instructions,.
supplements and amendments thereto and are not to be concerned with nor liable for items designated as memorandum
items in the escrow Instructions.
31. Authorized delivery of Escrow Instructions: Golden Coast Escrow, Ino. is authorized to deliver copies of all escrow
Instructions, supplements and amendments, estimated and final closing statements preliminary titre reports,. and notices of
cancellation, if any, to the rest estate broker(s),. real estate sales agents),. Lender(s), Lenders agem(s) andfor attomeys(s)
for the parties, upon the parties' oral or written request. You shall not incur any liability to the pastesfor delivery of the
copies.
32. Cooperation by both partiesr The parties shall cooperate with you in carrying out the escrow instructions they deposit
with you and completing this escrow. The parties shall deposit into escrow, upon request, any additional funds,
instruments, documents, instructions, authorizations, or other items that are reasonably necessary to enable you to
cam ply with demands made on you by third parties, to secure policies of title insurance, ar to otherwise carry out the
Seller(s) Iriltialssle;0-
Page 7
Buyer(a) Initials
Date: 11117f2622
RE: Escrow No. 4437-LG
terms of their instructions and close this escrow. All parties agree to provide you with a completed "Statement of
Information" 7 days, after receipt of said farm, as required by the Title Company providing the Title Insurance policies for
this transaction.
33. Conflicting Instructions and Disputesr If Escrow Holder becomes aware of any conflicting demands or claims
concerning this escrow, Escrow Holder shall have the right to discontinue all further acts on Escrow Holder's part until the
conflict is resolved to Escrow Holder's satisfaction, Escrow Holder has the right at its option to file an action in
interpleader requiring the parties to litigate their claims/rights, if such an action is filed, the parties jointly and severally
agree (a) to pay Escrow Holder's cancellation charges, costs (including the funds held fees) and reasonable attorneys'
fees, and (b) that Escrow Holder is fully released and discharged from all further obligations under the escrow. If an
action is brought involving this escrow and/or Escrow Holder, the party(ies) involved in the action agree to indemnify and
hold the Escrow Holder harmless against liabilities, damages and costs incurred by Escrow Holder (including reasonable
attorneys' fees and costs) except to the extent that such liabilities, damages and costs were caused by the gross
negligence or willful misconduct of Escrow Holder,
34. Gender; In these escraw instructions, wherever the context so requires, the masculine gender includes the
feminine and/or neuter and the singular number includes the plural.
35. Not to give financial advice: The parties acknowledge and understand that Gorden Coast Escrow. Inc., as escrow
holder, are not authorized to practice the law nor do you give financial advice. The panties are advised to seek legal and
financial counsel and advice concerning the effect of these esoow instructions. The parties acknowledge that no
representations are made by you about the legal sufficiency, legal consequences, financial effects or tax consequences of
the within escrow transaction.
36. Disposal of documents: Golden Coast Escrow, Inc. are authorized to destroy or otherwise dispose of any and all
documents, papers, ascrow instructions, correspondence and records or other material constituting or pertaining to this
escrow at any time after five (5) years fmm the date of: (1) the dose of escrow. (2) the date of cancellation; or (3) the date
of the last activity, without liability and without further notice to the parties. If for any reason, any one party to the
transaction request copies of said file in storage from Escrow Holder, there will be a minimum charge of $58_DD required to
be deposited prior to the release of requested documentation.
37. Need for Independent Legal, Financial and Tax Advicea The parties acknowledge and understand that you, as
Escrow Holder, are not authorized to practice law nor does an escrow holder give financial or tax advice. The parties are
advised to seek legal, financal and tax advice concerning the effect of these escrow instructions„ and the terms and
conditions of the purchase and safe transaction. The parties acknowledge that no representations art made by Escrow
Holder about the legal sufficiency, legal consequences, financial effects e: tax consequences of the within transaction.
38. Loan Payoffs
When a mortgage, deed of trust at tax lien is to be paid off through escrow, Escrow Holder is authorized to pay the
payoff demand received from the creditor. Sellerlborrower understands that a loan payoff may include a prepayment
penalty and other charges.
30. PRIVACY STATEMENT
Effective Date; July I, 20I3
Golden Coast Escrow, Inc. respects the prvary and security of your non-public personal information ("Personal
Information") and protecting your Personal Inform atian is Doe of our top priorities. This Privacy Statement explains
Golden Coast Escrow, Inc.'s privacy practices, including how we used the Personal Information we receive from you and
fiam other specified sources, and to whom it may be disclosed, Golden Coast Escrow, Inc. may share information as
described herein.
PERSONAL INFORMATION COLLECTED
We may collect pesonal information about you from the following sources
• Information we receive from you an applications or other forms, such as your name, address, social security number, tax
identification number, asset infarmation, and income informationt
• Information we receive from you through our Internet websites, such as your name, address, email address, Internet
Protatol address, the websce links you used to get to our websites, and your activity while using or reviewing out-
websites;
• Information about your transaction with or services performed by us, our affiliates, or others, such as information
concerning your policy, premiums, payment history, information about your home or other real property, information from
lenders and other third parties involved in such transaction, account balances, and credit card information and
• Information we receive from consumer at, other reporting agencies and publicly recorded documents,
DISCLOSURE OF PERSONAL INFORMATION
We may provide your personal information (excluding information we receive hom consumer or other credit reporting
agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such
laws do not allow consumes to restrict these disclosures. Disclosures may include, without limitation, the following;
Seller{a) Iititlalssrt� Buyer(a) Initials
Page 9
Date[ 111 712022
RE: Escrow No. 4407-LG
To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have
requested., and to enable to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in
connection with an insurance transaction,
To third -party contractors or service providers for the purpose of determining your eligibility For an insurance benefit or
payment andfor providing you with services you have requested;
To an insurance regulatory authority, at a law enforcement or other governmental authority, in a civil action, in
connection with a subpoena or a governmental investigation;
To companies that perform marketing services on our behalf or to other financial institutions with which we have joint
marketing agreements and/or
To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in We whose claim
or interest must be determined, settled, paid or released prior to a title or escrow dosing.
We may also disclose your Personal Information to others when we believe, in good Faith, that such disclosure Is
reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/ar to
comply with a judicial proceeding, court order or legal process.
Disclosure to Affiliated Companies:
We are permitted by law to share your name, address and facts about your transaction with other companies, such as
insurance companies, agents, and other real estate service providers to provide you with sevices you have requested, for
marketing or product development research, or to market products orservices to you. We do not, however, disclose
information we collect From consumer Gr credit reporting agencies with our affiliates or others without your consent, in
conformity with applicable law, unless such disclosure is otherwise permitted by law.
Disclosure to Nonaffiliated Third Parties:
We do- not. disclose Personal Information about our customers of farmer customers to nonaffiliated third parties, except as
oudined herein or as otherwise permitted by law.
CONFIDENTIALITY AND SECURITY OR PERSONAL INFORMATION
We restrict access m Personal Information about you to those employees who need to know that information to provide
products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal
regulations to guard Personal Information.
ACCESS TO PERSONAL INFORMATION y REQUESTS FOR CORRECTION, AMENDMENT, OR DELETION OF
PERSONAL INFORMATION
As required by applicable law, Escrow Holder will afford you the right to access your personal information, under certain
circumstances to And out to who your personal information has been disclosed, and request correction or deletion of
Your personal information. However, Golden Coast Escrow, Ines current policy is to maintain customers' Personal
Information for no less than your states required retention requirements for the purpose of handling future coverage
claims, For your protection, all requests made uncle this section must be in writing and must include your notarized
signature toestablish your identity_ Where permitted by law, we may charge a reasonable fee to cover the costs incurred
in responding to such requests. Please send requests to;
Chief Privacy Officer
Golden Coast Escmw, Inc,
130 Centennial Way aD
Tustin, CA 42780
CHANCES TO THIS PRIVACY STATEMENT
This Privacy Statement may be amended from time to time consistent with applicable privacy laws The effective data of
this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed.
We, jointly and severally, acknowledge
receipt of a complete copy of the within escrow instructions and by our signatures
set forth below, acknowledge that we have read and understand and agree to the same in their entirety.
BY SIGNING BELOW, EACH PARTY SIGNING THE FOREGOING TERMS CONDITIONS, PROVISIONS AND INSTRUCTIONS
TOGETHER, WITH THE GENERAL PROVISIONS SET OUT HEREIN THESE INSTRUCTIONS HAS READ AND APPROVES, ACCEPTS
AND AGREES TO BE BOUND. THE UNDERSIGNED BUYER (5) AND SELLER (S) ACKNOWLEDGES RECEIPT OF A COPY OF
THESE INSTRUCTIONS,
Sellars)
Buyers)
sheilaa ov 29,202210:16 PST)
G a I nsey Corp City Of Santa Ana, a Charter City And Municipal, Corp
Seller(s) Initialssn`/ Buyer(a) Initials
Page 9
When recorded, please mail this
instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
EXHIBIT "C"
GRANT DEED
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
TAXES
X
APPROVED AS TO
DORM BY ATTY.
APPROVED BY
DIRECTOR
DESCRIPTION
WRITTEN BY
DESCRIPTION
CEECKED-O.K.
A.P.N.
005-142-03
RM MAP
NUMBE2
PROJECT
NUMBER
841 North Garnsey Street, Santa Ana, CA 92701
DEED NUMBER
GRANTDEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Garnsey Corp, a Delaware Corporation
Do Hereby Grant to the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under
the Constitution and laws of the State of California, for public purposes, all that real property in the City of
Santa Ana, Orange County, State of California, located at 841 North Garnsey Street, Santa Ana, CA 92701,
described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated :Nov 29, 2022
A%h
By: sheltaa a ov 29,2022716 PST)
Dated : By:
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,
AND IS OBSCRISED A$ FOLLOWSe
LOT 31 OF THE WAKEHAM TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK B, PAGE 3 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE• COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM A STRIP OF LAND 2 FEET WIDE OFF THE WEST SIDE OF SAID LOT AS
CONVEYED TO THE CITY OF SANTA ANA, BY DEED RECORDED IN BOOK 206, PAGE. 392 OF OEEDS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
ASSESSOR'S PARCEL NUMBERt 005442-03
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA
COUNTY OF )
On before me, , Notary Public,
personally appeared who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature (Seal)
EXHIBIT "D"
AMERICAN RESCUE PLAN ACT FINDINGS
The Purchase Price includes the use of American Rescue Plan Act funds that pursuant to 31 C.F.R. Section
35.6(b)(3)(ii)(A)(11) should be for "A program, service, capital expenditure, or other assistance that is
provided to a disproportionately impacted household, population, or community' that meets the following
purpose(s):
(lip) Investments in communities to promote improved health outcomes and public safety such as
parks, recreation facilities, and programs that increase access to healthy foods.
The proposed park/open space for which this parcel is being acquired has total capital expenditures of
greater than or equal to $1 Million, but less than $10 million has the following written justifications:
The proposed park/open space was detailed as Project 22-1342: Addition of Park/Open Space — Site
Acquisitions, Expenditure Category: 2.22, Strong Healthy Communities: Neighborhood Features that
Promote Health and Safety in The City of Santa Ana 2022 Recovery Plan Performance Report.
The project goal is to purchase additional open space for the 10th/Flower Properties for the development of a
park with Outcome Measures to create additional open space that promotes health and safety.
Project 22-1342 is in Qualified Census Tract 750.02 and was identified as providing Services to
Disproportionately Impacted Communities (EC 3) to allow the addition of a park/open space area that will
consist of an expansion of green space and allow for healthy activities for our community members to
participate in; and would improve the health and wellbeing of residents through exercise and activity.
P A 841 N Garnsey - revised 11-28-22
Final Audit Report 2022-11-29
Created: 2022-11-29
By: Perla Zuniga (pzuniga@santa-ana.org)
Status: Signed
Transaction ID: CBJCHBCAABAAE7mwchgYPIGGZNgg7_QUdZ8IMuaW1g9x
TSA 841 N Garnsey - revised 11-28-22" History
Document created by Perla Zuniga (pzuniga@santa-ana.org)
2022-11-29 - 5:55:26 PM GMT- IP address: 98.153.69.210
E71 Document emailed to sheila alvarez (sheila@nationonere.com) for signature
2022-11-29 - 6:04:33 PM GMT
Email viewed by sheila alvarez (sheila@nationonere.com)
2022-11-29 - 6:07:48 PM GMT- IP address: 104.28.85.123
too Document e-signed by sheila alvarez (sheila@naticnonere.com)
Signature Date: 2022-11-29 - 6:16:25 PM GMT - Time Source: server- IP address: 172.89.32.236
Agreement completed.
2022-11-29 - 6:16:25 PM GMT
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