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HomeMy WebLinkAboutContracts & Agreements_235-2015 3281es"nsti Road,Suite 440 oo�no cAy/7a� ^ ~ �����[������ ' Title Insurance =o`°pa~y | . mmn0mA/ CoM M Enc/40 5smw�cs5 SUPPLEMENTAL ESCROW INSTRUCTIONS ESCROW NO.: NC5-768909-ONT1 DATE: 12/23/2015 First American Title Insurance Company is hereby handed by the undersigned parties, that certain "original" document entitled Standard Offer, Agreement and Escrow Instructions for Purchase ofReal Estate dated December 18, 2015; Addendum "A" and "B" dated December 10, 2815 executed by and between City of Redlands, ("se#er") and Judson and Brown, LL[, ("buyer"). First American Title Insurance Company is hereby requested to accept the " Standard Offer, Agreement and Escrow Instructions for Purchase mfReal Estate dated December 10, 2015; Addendum '�A" and "B" dated December 10, 2015" as its escrow instructions and to act asescrow agent for the parties in accordance with the terms and conditions contained in said document. Each of the parties to this escrow specifically acknowledges that the consummation of this escrow is contingent uponcomp|iancevvithsomemra|lofdheexecutoryternasamdprovisionsof1his ^'Agneernent', and that the parties tothis "Agreememt" are and shall be the sole persons entitled to and authorized to determine whethera# of said executory terms and provisions due to be performed prior to the close of escrow have been met or complied with prior to such close. Accordingly, the parties hereby agree that prior to the scheduled close of escrow they shall each deposit with Escrow Holder wr,itten instruction oracknowledgement specifying that all the executory termsandprovisimnsofthis "Agreemmant', insofarasdhesamepertaimtoeachoaid party respectively and any obligation of escrow holder relative thereto, have been fully met or complied with, or are waived. Further, each said party shall speci8cafly release Escrow Holder from all ||ah|||ty, if any, which it may have in connection with, this escrow because nfany party's failure to meet orcomply with any such executory term or provision of this "Agreement", prior to close of escrow. Deposit of written instruction or acknowledgement with Escrow Holder shall constitute each said party's specific authorization to close this escrow. General provisions of First American Title Insurance Company, attached hereto and made a part hereof, are hereb/ inoorponatedinsaid "Agreement'". Tbtheextentthatthea0reemenLconLaimsanVprmvisionsinomnsislent with or contrary to the provisions ofthe General Provisions attached hereto, such "Agreemmnt" shall remain as the agreement of the parties thereto but First American Title Insurance shafl be guided by the terms of their General Provisions. Pursuant to Section 9(a) and (b) of the Escrow General Provisions, upon&errmination of this escrow, the parties shall pay Escrow Holder cancellation fee of$1,500.010, shared equally between buyer and seller. Escrow Holder sha0 retain any cancellation fee from those funds deposited by buyer and/or seller with Eazvovv Holder and re|easeLheba1anoeofsaidfondsaecondingtothetermsandconditionsofdhe "Agreement^. City of Redlands Judean and Bnzvvn. LLC,, a Nevada |irndmd liability company `'N me: pam| Foster By: Title: Mayor Nome: Donald, j, Berry, Jr. Title: Manager Page zofm Escrow General Provisions-REVISED JULY 22, 2014 Receipt of these provisions deems acceptance of the terms. Please read for general information about the escrow process. 1. SPECIAL DISCLOSURES: A. DEPOSIT OF FUNDS&DISBURSEMENTS Unless directed in writing to establish a separate, interest-bearing account together with all necessary taxpayer reporting information, all funds shall be deposited in general escrow accounts in a federally insured financial institution including those affiliated with Escrow Holder("depositories' . All disbursements shall be made by Escrow Holder's check or by wire transfer unless otherwise instructed in writing. The Good Funds Law(California Insurance Code 12413.1) mandates that Escrow Holder may not disburse funds until the funds are, in fact, available in Escrow Holder's account. Wire transfers are immediately disbursable upon confirmation of receipt. Funds deposited by a cashier's or certified check are generally available on the next banking day following deposit. Funds deposited by a personal check and other types of instruments may not be available until confirmation from Escrow Holder's bank which can vary from 2 to 10 days. B. DISCLOSURE OF POSSIBLE BENEFITS TO ESCROW HOLDER As a result of Escrow Halder maintaining its general escrow accounts with the depositories, Escrow Holder may receive certain financial benefits such as an array of bank services, accommodations, loans or other business transactions from the depositories ("collateral benefits"). All collateral benefits shall accrue to the sole benefit of Escrow Holder and Escrow Holder shall have no obligation to account to the parties to this escrow for the value of any such collateral benefits. C. MISCELLANEOUS FEES Escrow Holder may incur certain additional costs on behalf of the parties for services performed, or fees charged, by third parties.The fees charged by Escrow Halder for services including, but not limited to, wire transfers, overnight delivery/courier services, etc. may include a mark up over the direct cost of such services to reflect the averaging of direct, administrative and overhead charges of Escrow Holder for such services which shall, in no event, exceed $10 for each markup. D. METHOD TO DELIVER PAYOFF TO LENDERS/LIEN HOLDERS To minimize the amount of interest due on any existing loan or lien, Escrow Holder will deliver the payoff funds to the lender/lienholder as soon as Escrow Holder is able after confirmation of recordation/close of escrow and as demanded by the lender/lienholder using (a) personal delivery, (b) wire transfer, or(c) overnight delivery service, unless otherwise directed in writing by the affected party, Certain payments such as home equity line of credit payoffs ("HELOCS'� may require additional time to process. 2. "CLOSE OF ESCROW"/PRORATIONS&ADJUSTMENTS The term "close of escrow" means the date on which documents are recorded. All prorations and/or adjustments shall be made to the close of escrow based on the number of actual days, unless otherwise instructed in writing. 3. CONTINGENCY PERIODS Escrow Holder shall not be responsible for monitoring contingency time periods between the parties.The parties shall execute such documents as may be requested by Escrow Holder to confirm the status of any such periods. 4. REPORTS a. Preliminary Report-Escrow Holder has neither responsibility nor liability for any title search that may be performed in connection with the issuance of a preliminary report. b. Other Reports-As an accommodation, Escrow Holder may agree to transmit orders for inspection, termite, disclosure and other reports if requested, in writing or orally, by the parties or their agents. Escrow Holder shall deliver copies of any such reports as directed. Escrow Holder is not responsible for reviewing such reports or advising the parties of the content of same. 5. INFORMATION FROM AFFILIATED COMPANIES Escrow Holder may provide the parties'information to and from its affiliates in connection with the offering of products and services from these affiliates. THIS COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. t@ 2014 First American Title Insurance Company and/or its affiliates. Page 1 of 4 All rights reserved.V NYSE: FAF Page 2 of 6 avp/12/29/2015 6. RECORDATION OF DOCUMENTS Escrow Holder is authorized to record documents delivered through escrow which are necessary or proper for the issuance of the requested title insurance policy(ies). Buyer will provide a completed Preliminary Change of Ownership Report farm ("PCOR'�. If Buyer fails to provide the PCOR, Escrow Holder shall close escrow and charge Buyer any additional fee incurred for recording the documents without the PCOR. Escrow Holder is released from any liability in connection with same. 7. PERSONAL PROPERTY TAXES No examination, UCC search, insurance as to personal property and/or the payment of personal property taxes is required unless otherwise instructed in writing. 8. REAL PROPERTY TAXES Real property taxes are prorated based on the most current available tax statement from the tax collector's office. Supplemental taxes may be assessed as a result of a change in ownership or completion of construction. Adjustments due either party based on the actual new tax bill issued after close of escrow or a supplemental tax bill will be made by the parties outside of escrow and Escrow Holder is released of any liability in connection with such adjustments. The first installment of California real property taxes is due November 1st(delinquent December 10th) and the second installment is due February 1st(delinquent April 10th). If a tax bill is not received from the County at least 30 days prior to the due date, buyer should contact the County Tax Collector's office and request one. Escrow Holder is not responsible for same. 9. CANCELLATION OF ESCROW a. Any party desiring to cancel this escrow shall deliver written notice of cancellation to Escrow Holder. Within a reasonable time after receipt of such notice, Escrow Holder shall send by regular mail to the address on the escrow instructions, one copy of said notice to the other party(ies). Unless written objection to cancellation is delivered to Escrow Holder by a party within 10 days after date of mailing, Escrow Holder is authorized, at its option, to comply with the notice and terminate the escrow. If a written objection is received by Escrow Halder, Escrow Holder is authorized, at its option, to hold all funds and documents in escrow (subject to the Funds Held in Escrow fee) and to take no other action until otherwise directed by either the parties` mutual written instructions or a final order of a court of competent jurisdiction. If no action is taken on this escrow within 6 months after the closing date specified in the escrow instructions, Escrow Holder's obligations shall, at its option, terminate. Upon termination of this escrow, the parties shall pay all fees, charges and reimbursements due to Escrow Holder and all documents and remaining funds held in escrow shall be returned to the parties depositing same. b. Notwithstanding the foregoing, upon receipt of notice of cancellation by a seller in a transaction subject to the Home Equity Sales Contract law (CC §1695 et seq.), Escrow Holder shall have the right to unilaterally cancel the escrow and may return all documents and funds without consent by or notice to the buyer. 10.CONFLICTING INSTRUCTIONS&DISPUTES 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 in Escrow fee) 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 negligence or willful misconduct of Escrow Holder. 11.FUNDS HELD IN ESCROW When funds remain in escrow over 90 days after either close of escrow or estimated close of escrow, a monthly holding fee of$25 shall be imposed by Escrow Holder that is to be charged against the funds held. 12.USURY Escrow Holder is not to be concerned with usury as to any loans or encumbrances in this escrow and is hereby released of any responsibility and/or liability therefore. TRIS COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. ©2014 First American Title Insurance Company and/or its affiliates. Page 2 of 4 All rights reserved.7 NYSE: FAF Page 3 of 6 app 112/29/2015 13.AMENDMENTS TO ESCROW INSTRUCTIONS Any amendment to the escrow instructions must be in writing, executed by all parties and accepted by Escrow Holder. Escrow Holder may, at its sole option, elect to accept and act upon oral instructions from the parties. If requested by Escrow Holder the parties agree to confirm said instructions in writing as soon as practicable. The escrow instructions as amended shall constitute the entire escrow agreement between the Escrow Holder and the parties hereto with respect to the subject matter of the escrow. 14.FIRE, HAZARD OR LIABILITY INSURANCE POLICIES In all matters relating to fire, hazard or liability insurance, Escrow Holder may assume that each policy is in force and that the necessary premium has been paid. Escrow Holder is not responsible for obtaining fire, hazard or liability insurance, unless Escrow Holder has received specific written instructions to obtain such insurance prior to close of escrow from the parties or their respective lenders. 15.COPIES OF DOCUMENTS; ELECTRONIC SIGNATURES; AUTHORIZATION TO RELEASE Escrow Holder is authorized to rely upon copies of documents, which include facsimile, electronic, NCR, or photocopies as if they were an originally executed document. Escrow Holder may agree to accept electronically signed documents from a platform or program approved by Escrow Holder. If requested by Escrow Holder, the originals of such documents and/or original signatures shall be delivered to Escrow Holder. Escrow Holder may withhold documents and/or funds due to the party until such originals are delivered. Documents to be recorded MUST contain original signatures. Escrow Holder may furnish copies of any and all documents to the lender(s), real estate broker(s), attorney(s) and/or accountant(s) involved in this transaction upon their request. Delivery of documents by escrow to a real estate broker or agent who is so designated in the purchase agreement shall be deemed delivery to the principal. 16.EXECUTION IN COUNTERPART The escrow instructions and any amendments may be executed in one or more counterparts, each of which shall be deemed an original, and all of which taken together shall constitute the same instruction. 17.TAX REPORTING,WITHHOLDING &DISCLOSURE The parties are advised to seek independent advice concerning the tax consequences of this transaction, including but not limited to, their withholding, reporting and disclosure obligations. Escrow Holder does not provide tax or legal advice and the parties agree to hold Escrow Holder harmless from any loss or damage that the parties may incur as a result of their failure to comply with federal and/or state tax laws. WITHHOLDING OBLIGATIONSARE THEEXCLUSIVE OBLIGATIONS OF THE PARTIES. ESCROW HOLDER IS NOT RESPONSIBLE TO PERFORM THESE OBLIGATIONS UNLESS ESCROW HOLDER AGREES IN WRITING. A. TAXPAYER IDENTIFICATION NUMBER REPORTING Federal law requires Escrow Holder to report seller's social security number or tax identification number (both numbers are hereafter referred to as the"TIN"), forwarding address, and the gross sales price to the Internal Revenue Service ("IRS").To comply with the USA PATRIOT Act, certain taxpayer identification information (including, but not limited to, the TIN) may be required by Escrow Holder from certain persons or entities involved (directly or indirectly) in the transaction prior to closing. Escrow cannot be closed nor any documents recorded until the information is provided and certified as to its accuracy to Escrow Holder. The parties agree to promptly obtain and provide such information as requested by Escrow Holder. B. STATE WITHHOLDING &REPORTING In accordance with Section 18662 of the Revenue and Taxation Code (R&TC), a buyer may be required to withhold an amount equal to 3 1/3% (.0333) of the sale price, or an optional gain on sale withholding amount certified by the seller in the case of a disposition of California real property interest by either: 1. A seller who is an individual, trust, estate, or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the sellers. 2. A corporate seller that has no permanent place of business in California immediately after the transfer of title to the California property. THIS COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. b 2014 First American Title Insurance Company and/or its affiliates, Page 3 of 4 All rights reserved,V NYSE: FAF Page 4 of 6 avp/12/29/2015 The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if any of the following applies: 1. The sale price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000). 2. The seller executes a written certificate under the penalty of perjury certifying that the seller is a corporation with a permanent place of business in California. 3. The seller, who is an individual, trust, estate, or a corporation without a permanent place of business in California, executes a written certificate under the penalty of perjury of any of the following: a. The California real property being conveyed is the seller's or decedent's principal residence (within the meaning of Section 121 of the Interna[ Revenue Code (IRC)), b. The last use of the property being conveyed was by the transferor as the transferor's principal residence(within the meaning of IRC Section 121). c. The California real property being conveyed is, or will be, exchanged for property of like kind (within the meaning of IRC Section 1031), but only to the extent of the amount of gain not required to be recognized for California income tax purposes under IRC Section 1031. d. The California real property has been compulsorily or involuntarily converted (within the meaning of IRC Section 1033) and the seller intends to acquire property similar or related in service or use so as to be eligible for nonrecognition of gain for California income tax purposes under IRC Section 1033. e. The California real property transaction will result in a loss or net gain not required to be recognized for California income tax purposes. The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. Contact FTB: For additional information regarding California withholding or for the Alternative Withholding, contact the Franchise Tax Board at (toll free) 888-792-4900), by e-mail WSCS.GEN@ftb.ca.gov; or visit their website at www.ftb.ca.gov. C. FEDERAL WITHHOLDING &REPORTING Certain federal reporting and withholding requirements exist for real estate transactions where the seller(transferor) is a non-resident alien, a non-domestic corporation, partnership, or limited liability company; or a domestic corporation, partnership or limited liability company controlled by non-residents; or non-resident corporations, partnerships or limited liability companies. D. TAXPAYER IDENTIFICATION DISCLOSURE Federal and state laws require that certain forms include a party's TIN and that such forms or copies of the forms be provided to the other party and to the applicable governmental authorities. Parties to a real estate transaction involving seller-provided financing are required to furnish, disclose, and include the other party's TIN in their tax returns. Escrow Holder is authorized to release a party's TINs and copies of statutory forms to the other party and to the applicable governmental authorities in the foregoing circumstances. The parties agree to hold Escrow Holder harmless against any fees, costs, or judgments incurred and/or awarded because of the release of their TIN as authorized herein. THIS COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. p 2014 First American Title Insurance company and/or its affiliates. Page 4 of 4 All rights reserved.T NYSE: FAF Page 5 of 6 Kelly Simaneau/avp/12/29/2015/NCS-768909-ONT1/30 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information—particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com, Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Page 6 of 6 Kelly Simoneau/avp/12/29/2015/NCS-768909-ONT1130 FAN�HD Commercial Property Disclosure Reports Disclosure Report Signature Page EKA ST APN: 0169-156-19-0000 INCA COUNTY, CA 92373 Report Date: 12/18/2015 Report Number: 1835510 ural Hazard Disclosure ("MID") Statement and Acknowledgment of Receipt DISCLAIMER: This NHD Summary (a) is not valid unless delivered with, the completeFANHD Disclosure Report which transferee must read and acknowledge before close of escrow,and(b)is subject to the Terms and!Conditions contained in that complete Disclosure Report. The transferor and his or her agent(s) or a third-party consultant disclose the following information with the knowledge that even though this is not a warranty, prospective transferees may rely on this information in deciding whether and on what terms to purchase the Properly. Transferor hereby authorizes any agent(s) representing any principalis)in this action to Provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the Property. The following are representations made by the transferor and his or her agents)or a third-party consultant based on their knowledge and maps drawn by the State. This information is a disclosure and is not intended to be part of any contract between the transferee and the transferor.THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S): A SPECIAL FLOOD HAZARD AREA(Any type Zone"A"or"V")designated by the Federal Emergency Management Agency Yes X No Do not know and information not available from local jurisdiction_ AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 afthe Government Code, Yes— No X Do not know and information not available frorn local Jurisdiction_ A VERY HIGH FIRE HAZARD SEVERITY ZONE pursuant to Section 51178 or 51179 of the Government Code. The owner of this Properly is subject to the maintenance requirements of Section 51182 of the Government Code Yes No..X A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISK AND HAZARDS pursuant to Section 4125 of the Public Resources Code.The owner of this Properly is subject to the maintenance requirements of Section 4291 of the Public Resources Code, Additionally. it is not the state's responsibility to provide fire protection services to any building or structure located within the wildiands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code. Yes— No X AN EARTHQUAKE FAULT ZONE pursuant to Section 2622ofthe Public Resources Code. Yes— No X A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code. Yes(Landslide Zone)_ Yes(Liquefaction Zone)_ No Map net yet released by state X THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER.TRANSFEREE(S)AND TRANSFEROR(S)MAY WISH TO 87-AtN-PFESS NALO,&J I G THOSE HAZDSA Y, rD OTHER HAZARDS THAT MAY AFFECT THE PROPERTY. �,5 'NT gnai of I rahst�ror(s) Date— Signature of Transferorts) rate Signature of Agent Date Signature of Agent Date Transferor(s)and their agents)represent that the information herein is true and!correct to the best of their knowledge as of the date signed by the transferorts) and agents), TransferorQs)and their agent(s)acknowledge that they have exercised good faith in the selection of a third-party report provider as required in Civil Code Section 1103.7, and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third-party disclosure provider as a substituted disclosure pursuant to Civil Code Section 1103.4.Neither transferor(s)nor their agent(s)(1)has independently verified the information contained in this statement and Report or(2)is personally aware of any errors or inaccuracies in the information contained on the statement.This statement was prepared by the provider below: Third-Party Disclosure Providers)FIRST AMERICAN PROFESSIONAL REAL ESTATE ION. Date 18 December 2015 TrgBa5taf represents that he or she has read and understands this document. Pursuant to Civil Code Section 11:03.8 the representations in this Natural Hazard .0 not atnstitute all of the transferor's or agent's disclosure obligations in this transaction. 27. Wire -T ahs Date Signature of Transfereesj Date TRANSFERS gia)REPRESENTS ABOVE HE/ H HA RECEIVED READ AN Nt? FBSTAW'.RS THE.C MPLETE FANH®DISC RE REPORT @ AVEREo WITH THII.. MMARY: A.Commercial Natural Hazard Disclosure Report,Commercial Tax Report Commercial Environmental Screening Report. B.Additional Property-specific Statutory Disclosures: Former Military Ordnance Site,Airport Influence Area, Airport Noise, San Francisco Bay Conservation and Development District Jurisdiction(in S.F.Bay counties onlyy. C.Additional County and City Regulatory Determinations as applicable: Airports,Avalanche,Blow Sand, Coastal Zone, Dam/Levee Failure Inundation,Debris Flow, Erosion, Flood, Fault Zone,Fire,Groundwater, Landslide, Liquefaction, Methane Gas, Mines, Naturally Occurring Asbestos, Redevelopment Area,Right to Farm, RunoffArea,$eiche Seismic Shaking,Seismic Ground Failure,Slope Stability,Soil Stability,Subsidence,TRPA,Tsunami. D.General advisories Methamphetamine Contamination,Maid, Radon,Endangered Species Act,Abandoned Mines,Oil&Gas Wells,Tsunami Maps(coastal only), Non-residential Building Energy Use. E.Government Guides in Combined Booklet with Report. Refer to Booklet Commercial Property Owner's Guide to Earthquake Safety.Government Guides are also available on the Company's'Electronic Bookshelf"at http.rjlvvwww.a1i a Ires,co,nl. ....... (02015,- Firg American ReM(Estate Disclo%ires LLC-200 CofllrlelrCd",,SuJ io 100, ivine,CA 92602 Phone (800)527-0027 1ax:(800)054-D-625 Page 1 of 1 FANHD Commercial Property Disclosure Reports Disclosure Report Signature Page, Fir sa'i'd AN turrl I Hazard Disclovire's Property Address: 516 EUREKA ST APN: 0169-156-20-0000 REDLANDS, SAN BERNARDINO COUNTY, CA 92373 Report(Date: 12/18/2015 ("Property") Report Number: 1835511 NaturM Hazard Disclosure ("NHW) Statement and Acknowledgment of Receipt DISCLAIMER: This NHID Summary (a) is not valid unless delivered with the complete FANHD Disclosure Report which transferee must read and acknowledge before close of escrow,and(b)is subject to the Terms and Conditions contai,nedl in that complete Disclosure Report, The transferor and his or her ageri or a third-party consultant disclose the following information with the knowledge that even though this is not a warranty, prospective I ran:sferees may rely on this information in deciding whether and on what terms to purchase the Property. Transferor hereby authorizes any agent(s) representing any principals)in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the Property. The following are representations made by the transferor and his or her agent(s)or a third-party consultant based on their knowledge and maps drawn by the State. This information is a disclosure and is not intended to be pail of any contract between the transferee and the transferor.THIS REAL PROPERTY LIES WITHIN THE FOLLOWiNG HAZARDOUS AREA(S): A SPECIAL FLOOD HAZARD AREA(Any type Zone"A"or`V")designated by the Federal Emergency Management Agency Yes X No-- Do not know and information not available from local jurisdiction_ AN AREA OF POTENTIAL FLOODING shown on a darn failure inundation map pursuant to Section 8559.5 of the Government Code, Yes— No X Do not know and information not available from local jurisdiction_ A VERY HIGH FIRE HAZARD SEVERITY ZONE pursuant to Section 51178 or 51179 of the Government Code. The owner of this Property is subject to the maintenance requirements of Section 51182 of the Government Code. Yes— No A WILDILAND AREA THAT MAY CONTAINI SUBSTANTIAL FOREST FIRE RISK AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this Property is subject to the maintenance requirements of Section 4291 of the Public Resources Code.Additionally, it is net the state's responsibility to provide fire protection services to any building or structure located within the wildiands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code. Yes— No X AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code, Yes— No A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code. Yes(Landslide Zone)_ Yes(Liquefaction Zone)_ No Map not yet released by stale X THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATOR .,a-QE WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER.TRANSFEREE(S)AND TRANSFEROR(S)MAY WISH TO OBTAIWTrPOFE�WNA 2D�I TJ--Q S THAT MAY AFFECT THE PROPERTY. SAN OTHER HAZARDS Sin ,er to a of Transferor(s� Date Signature of Trari s) bate Signature of Agent Date Signature of Agent Date Transferor(s)and their agent(s)represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s), nX Transferor(s)and their agent(s)acknowledge that they have exercised good faith in the selection of a third-party report provider as required in Civil Code Section 1103.7, and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third-party disclosure provider as a substituted disclosure pursuant to Civil Code Section 1103.4.Neither tronsferor(s)nor their agent(s)(1)has independently verified the information,contained in this statement and Report or(2)is personally aware of any errors or inaccuracies in the information contained on the statement.This statement was prepared by the provider below: Third-Party Disclosure Provider(s)FIRST AMERICAN PROFESSIONAL REAL ESTATE SERVICES INC.OPERATING THROUGH Fln5 P4,tdHr)nik" ION, Date 18 December 2015 Transferee represents that he or she has read and understands this document. Pursuant to Civil Code Section 1103 8, the representations in this Natural Hazard Disclosure Statement do not constitute all of the transferor's or agent's disclosure obligations in this transaction. Signature of Transferee(s) Date Signature of 7ransferee(s) Date 7RANSFEREIEV51 REPT:ESIF NTS ABOVE HEISHE HAS RECEIVED,READ AND UNDERSTANDS THE COMPL TF Fami4n niqe-.i nqiipp WITH THIS SLJMMARY; A.Commercial Natural Hazard Disclosure Report,Commercial Tax Report,Commercial Environmental Screening Report. B.Additional Property-specific Statutory Disclosures: Former Military Ordnance Site,Airport Influence Area, Airport Noise, San Francisco Bay Conservation and Development District Judscliction,(in S,F,Bay counties only). C.Additional County and City Regulatory Determinations as applicable: Airports,Avalanche,Blow Sand, Coastal Zone,Damil-evee Failure Inundation,Debris,Flow, Erosion, Flood, Fault Zone, Fire, Groundwater, Landslide,Liquefaction, Methane Gas, Mines,Naturally Occurring Asbestos, Redevelopment Area Right to Farm,, Runoff Area,Seirche,Seismic Shaking,Seismic Ground Failure,Slope Stability,Soil Stability,Subsidence,TBPA"Tsunami, D.General advisories: Methamphetamine Contamination, Meld,Radon,Endangered Species Act,Abandoned Mines,Oil&Gas Wells,Tsunami Maps(coastal only), Not-residential Building Energy Use. E.Government Guides in Combined Booklet with Report.Refer to Booklet Commercial Property Owner's Guide to Earthquake Safety.Government Guides are also available on the Company's"Electronic Bookshelf'at hitp./Av %LAM.disclo�gLq-IS;qqLi� t[C __-_ @2015- First American Real Estate["1Sd0SUJre"j LLC;-200 Conirneice Sii 100 irvine,CA 92!602 Pli(800)527-0027 Fax�(800)854-9625 Page 1 of I