HomeMy WebLinkAboutDeeds & Easements_N-5 CONTRACT OF SALE
On the terms and conditions contained in this Contract,
CHARLES C. PARKER AND JUANITA PARKER, husband and wife, of Redlands,
San Bernardino County, California, herein called "Seller, " agree to
sell to the Buyer, the City of Redlands, a municipal corporation, of
San Bernardino County, California, herein called "Buyer, " to purchase
from Seller the real property, herein called "said property, " in San
Bernardino County, California, described on Exhibit A attached hereto,
and incorporated as part of this contract.
ARTICLE 1. PURCHASE PRICE
§ 1.01. The total purchase price for said property to be paid
by Buyer shall be the sum of $285, 000.00.
Area of Property
§ 1.02 . The said property includes approximately 181 66 acres.
Payment of Purchase Price
§ 1.03 . The purchase price for said property shall be paid by
Buyer to Seller as follows-
(a) The sum of $80, 000.00 on execution of this Contract,
as the down payment, receipt of which is hereby
acknowledged by Seller, and the sum of $5, 000.00 on
January 2, 1974.
(b) The balance of said purchase price payable as follows -
(1) Monthly payments of $1,413 . 56 or more
commencing September 1, 1973.
(2) All subsequent installments due and payable
on the first day of each month to Seller at
220 Redlands Plaza, Redlands, California, oz
such other address as Seller may designate
in writing.
(3) The entire sum due and payable twenty-five
(25) years after the commencement date of
September 1, 1973
ARTICLE 2 . ESCROW AND TITLE
Openinq of Escrow
§ 2 . 01.. On June 8, 1973 , an escrow shall be opened to consumate
the sale of said pxoperry pursuant to this Contract at the office of
Redlands Escrow, incorporated, 306 East Citrus Avenue, Redlands,
California, at wh7 ch time Buyer shall deposit the sure of One Thousand
Dollars ($1, 000.00) .
(2)
` Preliminary Report of Title
2.02. Within 90 days after the date of this Contract, the
Seller shall cause to be prepared by Redlands Escrow, Incorporated,
and delivered to Buyer a preliminary report of the title to said property
Any items, exceptions► or conditions shown on said preliminary report of
title not objected to by Buyer in a writing delivered to such title
company and Seller within ten (10) days after receipt of such preliminary
report by Buyer shall be deemed accepted by Buyer and Buyer shall
thereafter have no right to complain of title being conveyed or insured
pursuant to this Contract subject to any such item, exception, or
condition
Closing of Escrow
§ 2 .03 . Escrow shall close on or before September 8, 1973, unless
extended by written agreement of the Seller and Buyer.
Conditions of Escrow
§ 2. 04. The close of the escrow described in Section 2. 03 of this
Contract and Buyer ' s obligation to purchase said property pursuant to
the terms of this Contract are expressly conditioned on-
Marketable Title
(a) The conveyance to Buyer of good and marketable title
to said property, as evidenced by a standard form
C.L.T.A. title insurance policy in the full amount
of the purchase price issued by Redlands Escrow, Inc. ,
such liens, encumbrances, clouds, and other matters as
may appear on the preliminary report of title described
in Section 2 . 02 of this Contract and not have been
objected to by Buyer as provided in such section.
(b) Final approval of the plans or maps for development of
said property by Buyer by all governmental agencies
required to approve the same, including approvals in
accordance with the California Environmental Quality Act.
Buyer agrees to proceed with all diligence to accomplish
these approvals .
Failure of Conditions
§ 2 .05 Should any of the conditions specified in Section 2.04
of this Contract fail to occur within ninety (90) days after the opening
of escrow as provided in this Contract, Buyer shall have the power,
exercisable by the giving by him of written notice to the escrow holder
and to Seller, to cancel such escrow, terminate this Contract, and recover
any amounts paid by him to Seller or to the escrow holder on account of
the purchase price of said property. The exercise of such power by Buyer
(3)
shall not, however, constitute a waiver by him of any other rights he
may have against Seller for breach of this Contract. The escrow holder
shall be and is hereby irrevocably instructed by Seller on such failure
of condition and receipt of such notice from Buyer to immediately refund
to Buyer all moneys and instruments deposited in escrow by Buyer
pursuant to this Contract.
Payment of Taxes
2.06. All ordinary real property taxes levied or assessed
against said property shall be paid by Buyer.
Expenses of Escrow
§ 2 07 . The expenses of the escrow described in this Article
shall be pard in the following manner.
(a) The Seller shall pay:
(1.) The full cost of securing the title insurance
policy described in Section 2.44 (a) of this
Contract;
(2) The full cost of preparing, executing, and
acknowledging any deeds or other instruments
required to convey good and marketable title
to said property to Buyer in the manner
described in Section 2 .04 (a) of this Contract.
(3) Any tax that may be imposed on the conveyance
of title to said property under the Documentary
Transfer Tax Act of California.
(4) The cost of recording the grant deed or other
instrument executed by Seller conveying good
marketable title to said property to Buyer.
(5) Any escrow fee charged by the escrow holder in
addition to the cost of the title insurance
policy required by this Contract shall be paid
by Buyer and Seller in equal proportions.
ARTICLE 3 . MISCELLANEOUS PROVISIONS
Acquisitions of Property
3.01. It is understood by Seller and Buyer that the real
properties shown on Exhibit A attached hereto must be acquired to make
the said property described in Exhibit A usable in the most satisfactory
manner for municipal and governmental purposes of Buyer.
Parcel No. 2 and Parcel No. 3 , which total
approximately 6 66 acres, will be acquired by
Seller, on or about January 10, 1974.
Parcel No. 4 and Parcel No. 5 may be acquired
by Seller following negotiations in which Seller
is presently engaged.
(4)
Seller agrees to proceed with diligence to complete acquisition of
Parcels No. 2, No. 3 , No. 4, and No. 5 for a total price of $20, 000,
which amount now is included in the purchase price of $285, 000 set
forth in Section 1.01 of this Contract. If for any reason Seller is
unable to deliver title, of the nature and in the form required in this
Contract, the portion of the down payment shall be reduced by the Buyer
in an amount equal to the number of acres in said portion, multiplied
by $1, 559.00, being the price per acre as agreed upon herein.
Entry on Property
3 .02 . The Buyer, his agents, employees, servants, or nominees,
are hereby granted the right to immediately enter on said property for
the purpose of required engineering, geological or surveying work.
Possession of Property
§ 3 .03 . Possession of said property free and clear of all uses
and encroachments, except those shown on the preliminary report of title
described in this Contract and not objected to in writing by Buyer, shall
be delivered to Buyer on close of escrow as herein provided.
Default by Buyer
3 .04. Should Buyer default in performance of this Contract,
Seller shall be released from his obligation to sell said property to
Buyer or to further perform this Contract and may proceed against Buyer
on any cause of action or for any remedy given him by law or equity
Hold Harmless
§ 3 .05 Seller shall be held harmless by Buyer from any and all
liability or claims for damages or in]uries resulting from acts of Buyer,
its agents, employees, or representatives , which may cause any such damages
or injuries on said property.
Notices
§ 3. 06. Any and all notices or other communications required or
permitted by this Contract or by law to be delivered to, served on, or
given to either party to this Contract, Buyer or Seller, by the other
party to this Contract or by the escrow holder shall be in writing and
shall be deemed properly delivered, given, or served when personally
delivered to any member of the party, Buyer or Seller, to whom it is
directed, or in lieu of such personal service, when deposited in the
United States mail, first-class postage prepaid, addressed to Buyer at
City Hall, 30 Cajon Street, Redlands, California, or to Seller at 220
Redlands Plaza, Redlands, California. Either party, Buyer or Seller, may
change his address for the purposes of this Section by giving written
notice of such change to the other party, Buyer or Seller, in the manner
provided in this Section.
(5)
Attorney ' s Fees
§ 3. 07 . Should any litigation be commenced between the parties
hereto concerning said property, this Contract, or the rights and duties
of either in relation thereto, the party, Buyer, or Seller, prevailing
in such litigation shall be entitled, in addition to such other relief
as may be granted, to a reasonable sum as and for his attorney ' s fees
in such litigation which shall be determined by the court in such
litigation or in a separate action brought for that purpose.
Time of Essence
§ 3. 08. Time is expressly declared to be the essence of this Contract.
Waiver
§ 3 . 09 The waiver by any party to this Contract of a breach of any
provision of this Contract shall not 'be deemed a continuing waiver or a
waiver of any subsequent breach whether of the same of another provision
of this Contract.
Entire Aqreement
§ 3 .10 This instrument contains the entire agreement between Buyer
and Seller respecting said property and any agreement or representation
respecting said property or the duties of either Buyer or Seller in
relation thereto not expressly set forth in this instrument is null and
void.
Executed on 19 73, at San Bernardino County,
California.
toft
SELLERBUYER ���'-" Charles C. Parker
yity edlands
Sack B. Cum-nings, Mayor
SELLER � �'�
Juanita Parker
F' !
LEGAL DESCR1?TIONS
PARCEL, NO. 1
The nortneast quarter of the southwest quarter, the northwest
quarter of the southeast quarter, the southwest gaarterof the
northeast quarter; the south one--half of the northeast quarter
of the nortneast quarter. , and the west thirty acres of the
southeast quarter of the nortneast quarter , all of Section 9,
township 2 south, range 3 west, San Bernardino naso and
Meridian, according to ane Official Plat of said land approved
by the Surveyor General, dated April 26, 1880
PARCEL NO 2
Com WW Cor Sec 10 TP 2S R3W E c16 . 5 FT S 52 Deg 48 Min E
105 8 Ft S 36 Deg 59 Min W 828 FL N 729 Ft to POB.
PARCEL NO. 3
Carr, SW corner Sec 3 TP 2S R3W N 29 Deg 53 Min E 261 Ft S 47
Deg 53 Min E 368 Ft W 416. 5 Ft to POB.
PARCEL NO 4
Tne north one half of the south one half of the northeast
quarter of the nortneast quarter of the northeast quarter
and the north one half of the south one nalf of the soutn
one half of the nortneast quarter of the northeast quarter
,of the northeast gaarter, Section 9, township 2 south, Range
3 west
PARCEL NO. 5
The south one half of the south one half of the south one
half of the norvneast quarter of the northeast quarter of the
northeast quarter, Section 9, township 2 south, Range 3 west
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