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HomeMy WebLinkAboutContracts & Agreements_11A-1969copies -co: Mr. Merritt, Mr. Wagner, Mr. Taylor E OF MUNICIPAL OR JUSTICE R COURT OF CALIFORMA, COUNTY OF ,SAN ,BERNARDINO R OF BRANCH COURT, IF ANY NLY TITLE OF CASE (ABBREVIATED) GENERAL TELEPHONE COMPANY OF CALIFORNIA, a corporation V. THE CITY OF REDLANDS, etc., et al. NAME, ADDRESS, AND TELEPHONE NUMBER OF SENDER Albert M. Hart H. Ralph Snyder, Jr. Lorin H. Albeck 100 Wilshire Boulevard Santa Monica, California 90401 Tel: (213) 451-7603 NOTICE CASE N 157856 TO; Peggy„Moseley► City Clerk, Citr of Redlands (Insert name of individual being served) This summons and other document(s) indicated below are being served pursuant to Section 415.30 of the California Code of Civil Procedure. Your failure to complete this form and return it to me within 20 days may subject you (or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons on you in any other manner permitted by law. If you are being served on behalf of a corporation, unincorporated association (including a partnership), or other entity, this form must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of such entity. In all other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt of summons. Section 415.30 provides that this summons and other document(s) are deemed served on the date you sign the Acknowledgment of Receipt below, if you return this form to me. MAY 2 � 1y l3 Dated . (Signature o sender) ACKNOWLEDGMENT OF RECEIPT This acknowledges receipt of: (To be completed by sender before mailing) I. k3: A copy of the summons and of the complaint. 2. ( A copy of the summons and of the Petition (Marriage) and: n Blank Confidential Questionnaire (Marriage) F ] Order to Show Cause (Marriage) [3 Blank Responsive Declaration Blank Financial Declaration �l Other: (Specify) (To be completed by reciplent) Date of receipt:l� Date this form is signed: ✓V&7 . Ck ge of person ac owledging r sipt, with 1- if edgment Is me a on beh I another p on) 4112 (Ty or Afint you name and name of entity. if any. o who behaff this form is signed) Form Approved by the CGP 415.30, 417.14 Judicial council of California NOTICE AND ACKNOWLEDGMENT OF RECEIPT Cal. Rules of court , Revised Effective March 4, 1972 Rule 1216 76N629R—Cdb 4-72 q i. Name, Address and Telephone No. of Attorneys) Space Below for Use of Court Clark Only ALBE RT M . HART H. RALPH SNYDER, JR. LORIN H. ALBECK 100 Wilshire Boulevard Santa Monica, California 90401 Tel: (213) 451-7603 Attomay(s) for . PLai.n:ti ff ............................ SUPERIOR SUSS SA BE ARDZNO ...... SUPER ..... COURT OF CALIFORNIA, COUNTY OF .. � .. N . (SUPERIOR, MXMX= . 5.th. Floar,..Cou.rthous.e . Annex,. San -Bernardino. 9.2401 (Insert post office and street address of court or branch court) (When applicable, insert name of Municipal or Justice Court District or of branch court) Plaintiff(s): GENERAL TELEPHONE COMPANY OF CALIFORNIA, I a corporation CASE NUMBER Defendants: THE CITY OF REDLANDS, a municipal corporati, BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION, a Rdo'`national Banking association; VADA F. FLETCHER, as Executrix of the Estate of GEORGE E. FULBRIGHT, Deceased; VADA F. FLETCHER, individually; DOES I-X; And All Other Persons Unknown Claiming Any Right, Title, Estate, Lien or interest in The Real Property Described in '.I:ne uomp.Laznt Aaverse 1;o eiaj_n-cirr•s L. Any Cloud Upon Plaintiff's Title Thereto. ' t0 SUMMONS To the Defendant(s): A civil complaint has been filed by the plaintiff(s) against you. If you wish to defend this lawsuit, you must file in this court a written pleading in response to the complaint (or a written or oral pleading, if a Justice Court) within 30 days after this summons is served on you. Otherwise, your default will be entered on application by the plain- tiff(s) and the court may enter a judgment against you for the money or other relief requested in the complaint. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your pleading, if any, may be filed on time. (SEAL) ,,:ti, a. Dated y,1„►,....17, . Clerk By �i);.Ary s lliy il-, Deputy NOTICE TO THE PERSON SERVED You are served as an individual defendant. ❑ You are served as (or on behalf of) the personsod under the fictitious name of: ......... . ® You are served on behalf of:: , -.jL�LG�.................................. Under: [� CCP 416.10 {Corporation) CCP 416.60 (Minor) CCP 416.20 (Defunct corporation) n CCP 416.70 (Incompetent) n CCP 416.40 (Association or partnership) ❑ CCP 416.90 (Individual) © Other: CCP '-f 10.60 `-- L(!5. 10 The word "complaint" includes cross -complaint, "plaintiff(s)" includes cross-complainant(s), and "defendant(s)" includes cross-defendant(s). A written pleading, including an answer, demurrer, etc., must be in the form required by the California Rules of Court. Your original pleading must be filed in this court with proper filing fees and proof that a copy thereof was served on each plaintiff's attorney and on each plaintiff not represented by an attorney. The time when a summons is deemed served on a party may vary depending on the method of service. For example, see CCP 413.10 through 415.40. Form Adopted by Rule 932 of (See reverse side for Proof of Service) The Judicial Council of California Revised Effective July 1, 1972 SUMMONS CCP 412.20, 412.30, etc. 76S818B—Cdb 6-72 PROOF OF SERVICE (see instruction Sheet and use separate proof of service for each person served) I served the summons and complaint as follows: (Type or print) 1. Defendant's name: 2. Person served and title, 5. Mailing date, type of mail and place of mailing: 3. Person with whom left and title or relationship to person served: 6. Address, city and state (when required, indicate whether address is home or business): 4. Date and time of delivery: 7. Manner of service: (Check proper box) ❑ (Personal service) By personally delivering copies to the person served. (CCP 415.10.) F-] (Substituted service on corporation, unincorporated association (including partnership), or public entity) By leaving, during usual office hours, copies in the office of the person served with the person who apparently was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(a).) (Substituted service on natural person, minor, incompetent, or candidate) By leaving copies at the dwelling house, usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of his office or place of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(b). Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence in first attempting personal service.) (Mail and acknowledgment service) By mailing (by first-class mail or airmail) copies to the person served, together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid, addressed to the sender. (CCP 415.30. Attach written acknowledgment of receipt.) (Certified or registered mail service) By mailing to address outside California (by registered or certified airmail with return receipt requested) copies to the person served. (CCP 415.40. Attach signed return receipt or other evidence of actual delivery to the per- son served.) ❑ (Other—CCP 413.10, 413.30, 417.10-417.30—Attach separate pages if necessary): M Additional page(s) are attached. 8. The following notice appeared on the copy of the summons served (CCP 412.30 or 474): You are served as an individual defendant. You are served as (or on behalf of) the person sued under the fictitious name of: ........................................ . You are served on behalf of: ............................. ......................................................... Under: CCP 416.10 (Corporation) EJ CCP 416.60 (Minor) Other: ❑ CCP 416.20 (Defunct corporation) [] CCP 416.70 (Incompetent) ❑ CCP 416.40 (Association or partnership) CCP 416.90 (individual) 9. At the time of service I was at least 18 years of age and not a party to this action. 10. Fee for service $.......... , Mileage $............ Notary $............ Total $ ......................................... . (To be completed in California by process server, other than a sheriff, marshal or constable*) [� Not a registered California process server (CCP 417.40). Registered: ... ........................... County, Number: ....................................... I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on (insert date) ........................................ at (insert place) .............................. California. (Type or print name, address, and telephone no.) Signature: (To be completed In California by sheriff, marshal or constable*) I certify that the foregoing is true and correct and that this certificate was executed on (insert date) .................. at (insert place) .............................. California. (Type or print name, title, county and, when applicable, Munici- pal or Justice Court District) Signature: `This declaration or certificate of service must be executed within California (CCP 2015.5). A proof of service executed outside Cali- fornia must be made by affidavit. M/ 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 1$ 19 20 21 22. 23 24 25 26 27 28 ALBERT M. HART H. RALPH SNYDER, JR. LORIN H. ALBECK 100 Wilshire Boulevard Santa Monica, California 90401 Tel: (213) 451-7603 Attorneys for Plaintiff ORIGINAL FILED MAY 15 1973 V DENNIS WARDLZ COUNTY CLEF?j( SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO GENERAL TELEPHONE COMPANY OF CALIFORNIA, a corporation, Plaintiff, THE CITY OF REDLANDS, a municipal corporation; !SANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION, a national banking association; VADA F. FLETCHER, as Executrix of the Estate of GEORGE E. FULBRIGHT, Deceased; VADA F. FLETCHER, individually; DOES I-X; And All Other Persons Unknown Claiming Any Right, Title, Estate, Lien or Interest in The Real Property Described• in The Complaint Adverse to Plaintiff's Ownership, or Any Cloud Upon Plaintiff's Title Thereto, Defendants. CASE NO. COMPLAINT TO QUIET TITLE TO REAL PROPERTY [CCP 7381 AND FOR BREACH OF CONTRACT Plaintiff alleges: FIRST CAUSE OF ACTION 1. Plaintiff, GENERAL TELEPHONE COMPANY OF CALIFORNIA, is now, and at all times herein mentioned was, a corporation duly q 2 9: 5 5 7 8 9 10 11 12' 13 14� 15 16 17 18 19 20 21 22 23 24 25 26 27 28 organized and existing under and by virtue of the laws of the State of California. 2. At all times herein mentioned, Defendant, CITY OF REDLANDS was, and now is, a municipal corporation organized and existing under and by virtue of the laws of the State of California and situated in the County of San Bernardino. 3. At all times herein mentioned, Defendant, BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION, was, and now is, a national banking association organized and existing under and by virtue of the laws of the United States of America; said Defendant is named as a party herein by virtue of its interest as Trustee under a certain Deed of Trust hereinafter set forth. 4. At all times herein mentioned, Defendant, VADA F. FLETCHER was, and now is, a resident of the County of San Bernardino and is sued herein in Tier capacity as the duly appoint-ed, qualified and acting Executrix of the Will of GEORGE E. FULBRIGHT in the Matter of the Estate of GEORGE E. FULBRIGHT, Deceased, Superior Court of San Bernardino County, Case No. 39091; said GEORGE E. FULBRIGHT, Deceased, was the owner of the beneficial interest of a certain Deed of Trust dated April 4, 1951, in the principal amount of $15,000.00 executed by Samuel Finkler and Bette M. Finkler, ausband and wife, as Trustors, with Defendant, BANK OF AME RICA NATIONAL (TRUST & SAVINGS ASSOCIATION, as the'Trustee of said Deed of Trust, and said Deed of Trust was recorded April 17, 1951, in Book 2749, Page 403, Official Records of San Bernardino County, and said Deed of Trust heretofore described affects the title to the real propert hereinafter described in this Complaint; upon the death of said GEORGE E. FULBRIGHT and pursuant to a Decree of Final Distribution -- 2 - a. in the above --entitled probate proceedings recorded February 26, 2 1971 in Book 7616, Page 318, Official Records of San Bernardino 3 County, Defendant, VADA F. FLETCHER, succeeded to and was the sble distributee of the right, title and interest of said GEORGE E. 5 FULBRTGHT, Deceased, in and to said Deed of Trust, and accordingly, 6 is being sued herein in her individual capacity as such distributee. 7 5. Plaintiff does not know the true names or capacities, $ whether individual, corporate, associate or otherwise, of DefendantE 9 sued herein as DOES i through X, inclusive, and Plaintiff will amens 10 this Complaint to show such true names and capacities when the same .�. have been ascertained; Plaintiff is informed and believes and there- 12 upon alleges that each Defendant designated as a Doe was legally 13 responsible in some manner for the 'events and happenings referred 14 to herein. 15 6. At all times herein mentioned, Plaintiff is, and was, the 16 owner in fee'simple of that certain parcel of real property 17 situated in the City of Redlands, County of San Bernardino, State o: 18 California, and more particularly described in the Deed from the 19 City of Redlands to Plaintiff recorded September 29, 1969, in 20 Book 7311, Page 333, Official Records of San Bernardino County, a 21 copy of which is attached hereto and marked Plaintiff's Exhibit A, 22 and incorporated by reference herewith. 23 7. The above named Defendants and the Defendants herein named 24 as'"All Other Persons Unknown'Claiming Any Right, Title, Estate, 25 Lien or -Interest in The Real Property Described in The Complaint 26 Adverse to Plaintiff's Ownership; or Any Cloud Upon Plaintiff's 27 Title Thereto" are unknown to Plaintiff. Said Defendants, and each 28 of them, claim some right, title, estate, -lien or interest in said -- 3 -- :. 2; 3 4 5 6 7 8 9 121 1.3 1 i 14 15 16 17 18 19 20 21 22 23 241 25 26 27 28 real property adverse to Plaintiff's ownership, and said claim or claims constitute a cloud upon Plaintiff's title thereto. 8. Defendants claim and assert an interest in said real property adverse to Plaintiff, and the claim or claims of said Defendants are without any right whatever, and said Defendants have no right, title, estate, lien or interest whatever in said real property, or any part thereof. SECOND CAUSE OF ACTION 1. Plaintiff refers to Paragraphs 1, 2, 4, and 6 of its First Cause of Action and incorporates them by reference herein. 2. On or about June 13, 1969, Plaintiff and Defendant, CITY OF REDLANDS, entered into a real property exchange agreement wherebN, CITY OF REDLANDS was to acquire from Plaintiff certain real propert, designated in the agreement as "Property B" in exchange for CITY OF REDLANDS granting to Plaintiff the property designated in said agreement as "Property A" which latter real property is more particularly described in Exhibit A'to this Complaint. Copies of said agreement and amendment thereto are attached and marked collectively Plaintiff's Exhibit B and incorporated by reference herewith. 3. In connection with the aforesaid transaction and agreement Plaintiff and CITY OF REDLANDS further agreed in writing, on or about September 26, 1969, that CITY OF REDLANDS would proceed with legal action to remove the lien and cloud upon title of the Deed of Trust hereinbefore described; a copy of said letter of agreement is attached hereto as Plaintiff's Exhibit C and incorporated by (reference herewith. 4. Plaintiff has performed all conditions, covenants and - 4 -- l promises under the aforesaid agreements on its part to be performed. 5. On or about October 11, 1972, Defendant, CITY OF REDLANDS, 3 breached said agreement by failing to take any action, legal or 4 otherwise, to remove the Lien and cloud of the Deed of Trust herein - 5 before described, notwithstanding the continuing written demands 6 of Plaintiff, and CITY OF REDLANDS continues to fail and refuse to 7 take such action to remove said lien and cloud upon Plaintiff's 8 Ititle. 6. As a result of said breach of contract, Plaintiff has been 10 damaged in a sum not yet known, but Plaintiff will amend its 11 Complaint to set forth said damages upon ascertaining the amount 12 and the extent thereof. 3.3 WHEREFORE, Plaintiff prays for the following orders and 14 judgment: 3.5 1. That Defendants be required to set forth the nature of 16 their claims and that all adverse claims of said Defendants be r 17 determined by Decree of this Court; 18 2. That said Decree declare and ajudge that Plaintiff is the 19 owner of said real property, and that Defendants have no estate or 20 interest whatever in and to said real property adverse to Plaintiff 21 3. For damages in accordance with the Second Cause of Action 22 in accordance with proof together with interest at the legal rate; 23 4. For such other and further relief as may be deemed 24 proper. 25 ALBERT M. riART H. RALPH SNYDER, JR. 26 LORIN H. ALBECK 27 By ]LOM H. ALBECK LORIN H. ALBECK 28 Attorneys for Plaintiff -- 5 -- EXHIBITS r noru'0311 pAcE333 RECORDING REQUESTED BY 460 MOK73ii-,C,L333 AND WHEN RECORDED MAIL To ' p �� '69 SEE �.J General Telephone Company - N.m. of California i- Addrl,r 2020 Santa -Monica Boulevard 60 -. �.--,.c:r. f1_•:��':-� city a Santa Monica, Calif., 90406 A ; )INTY FrCr,,'MF' L'Attn: Walter Rook, AttorneeJ SPACE ABOVE THIS t.INE FOR RECORDER'S USE r A 11. — 3TA71W WIs TO I ' Nam. return address above a - DOCUMENTARY Slr•.1 Addret� - �,. -- �.. EAUFaR!u,t COUNTY TAX - City SI°te L t� °AD SEP25'642 7 - 1 P.9. F. — N 1P.9. Grant Deed ID.T.T. TO <as CA f%.ea, THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF REDLANDS, a municipal corporation hereby GRANT(S) to GENERAL TELEPHONE COMPANY OF CALIFORNIA, a corporation the following described real property in the City of Redlands County of SAN BERNARDINO , State of California: All that portion of hots 2, 3, 4, 5, 6 and 7 of PARK ADDITION, in the ' City of Redlands, County of San Bernardino, State of California, as per plat recorded in Book 15, page 61 of maps, records of said county, together with all that portion of the 10 foot wide alley and 80 foot wide Cajon Street vacated by the City of Redlands by Resolution No. 925 and recorded in Book 4448, page 14, Official Records of said county, described as a whole as folbws: COMMENCING at the Northwesterly corner of said Lot 7; thence South Oa 041 0011 East along the Westerly line of said Lot 7 10.00 feet to the point of intersection with the Southerly line of the land conveyed to the City of Redlands for street purposes, described in deed recorded in Book 7293, page 583, Official Records of said county, said point being the true point of beginning; thence continuing southerly along said Westerly line S 0. 041 0011 East 80.03 feet to the Southwesterly corner of said Lot 7; thence North 896 581 25" East along the Southerly line of said Lots 7, 6, 5, 4, and 2 and the Easterly extension thereof 279-88 feet to the point of intersection with the Easterly line of said vacated Cajon Street, said point being also on the Westerly line of Orange Street, 69.4 feet wide; thence North 0° 01' 0011 West along the Easterly line of said vacated Cajon Street and the Westerly line of said Orange Street 44.91 feet to the intersection with the Southwesterly line of that triangular shaped parcel of land bounded on the North by Barton Road (Citrus Avenue), the Southwest by Cajon Street, and the East by unnamed Street (Orange Street) as shown on a plot of Subdivision of Block 28 of Redlands, recorded in Book 4, page 2, records of said County; thence North 3a° 271 13" West along said Southwesterly line 42.70 feet to the point o0intersection of the Northerly line of said vacated Cajon Street, said point being also the Southerly line of Citrus Avenue, 70 feet wide, and also the Easterly extension of said Southerly line of the land conveyed to the City of Redlands for street purposes described in deed recorded in Book 7293, page 583, Official Records of said County, thence South 899 571 05" West along said Northerly line of vacated Cajon Street,& said Southerly line of Citrus Avenue 70 feet wide, and said Southerly line of the Land conveyed to the City of Redlands -for. street purposes 255.80 feet to the true point of beginning. EXHIBIT A Title Order No._ _ Escrow or Loan AAAD TAY ['rATCAAI:AITC Ae n,DCrTrM Annvc SALES AGREEMENT WHEREAS the City of Redlands, hereinafter called "City", is the owner of that certain real property known as City of Redlands Parking Lot No. 1 containing approximately 22,000 square feet of area and located in the State of California, County of San Bernardino, City of Redlands, along the public street called Citrus Avenue between the public streets called Fourth Street and Orange Street, hereinafter called "Property A"; WHEREAS the City wishes to acquire that certain zeal property in the State of California, County of San Bernardino, City of Redlands, and described as Redlands Town Plat, 3, 4, 5, S, and 7 of Block 8, recorded in Book 5 of Maps, Page 10 of the records of said County, hereinafter called "Property B", for use as a public parking lot and which will more effectively meet the public need for parking than Property A; WHEREAS General Telephone Company of California, hereinafter called. "General", wishes to acquire that certain real property owned by the City and described hereinabove as Property A for use in the performance of its obligations as a public utility; NOW, THEREFORE,'it is agreed between the City and General as follows: 1. City by Grant Deed shall, subject to City Attorney's approval of title, pass to General by escrow full legal and equitable title in Property A. 2. General in consideration for receiving full legal and equitable title to Property A will furnish to escrow all monies necessary including any survey costs and costs for title policy EXHIBIT B r for the City to pass said title to General and will furnish to escrow all monies up to a combined purchase price of 1252,500 plus agents local fee title policy, drawing and recording of documents and escrow charges for the City to acquire title to the hereinabove described Property B. General further agrees, without cost to City to demolish all buildings located on Property B and construct a parking facility to City specifications as described on Exhibit A attached hereto and by reference incorporated herein. City will furnish General a letter of authority to do such demolition work and construct said parking facilities. 3. The City warrants to General that Property A is zoned C-3 and General agrees that any inprovelent made upon said Property A by General will conform to the requirements of C--3 zoning. 4. The City upon close of Escrow shall remain in ?ossession of Property A .0 ccntlnue use without cost to city of said property as a parking lot., with the ekcvp4ion of the 16 parking stalls in Property A currently leased to General by the City, until such time as property B has been completed as a parking facility in accordance with specifications described in Exhibit A hereto, but in no case not later than \ova:ber 15, 1969. if the parking facility described in Exhibit 1 _s not ready for use by the City by November 15, 1969, a later date will be set by mutual agreement for City to erninare wossesz_v= of Property A. Upon close or: escrow and passage cf tit!e. in _ _ _ _y i_! A to General, all rental charged to General by the C_ y fc- use of the above -mentioned 16 parking stalls will coa5s. 5. City shall arranges to _,roviLe General wi; : Li?YV__-i:ze certificates of insurance from the present p_nja y = lessee, the Downtcwn Redlands Association, so as to i and . ve - 2- harmless General from all claims, demands, costs, liability, loss, damage, or injury whether to person or property (including General's property), resulting in any manner, directly or indirectly, from or in connection with City's use of Property A after title to said property passes to General. The 16 parking stalls located on Property A, used by General and referred to in paragraph 4, herein, will be excluded from this "hold harmless" assurance. 6. City shall arrange with its lessee, the Downtown Redlands Association, to maintain insurance policies in full force and effect for the period that City possesses or uses Property A (less the 16 parking stalls located on Property A, used by General and referred to in paragraph 4, herein) after General has taken title to said property, with carriers authorized to do business in California, as follows: a. Workmen's Compensation insurance covering City's full liability under all applicable Workmen's Compensation laws in California. b. Comprehensive Public Liability insurance in the amount of $100,000 for death or injury to one person and $300,000 for death or injury to more than one person in any one occurrence. c. Property damage insurance in the amount of $25,000 for property damage resulting from any one occurrence. The insurance shall insure City and General against all claims for bodily injury, death, damage to, or destruction of property which may arise from the City's operation of Property A under this agreement, less the 16 spaces located on Property A, used by General and referred to in paragraph 4, 3 - herein, whether such operations shall be by City or by any- one directly or indirectly employed by City, and shall expressly cover liability assumed by City under this agreement. Each policy shall contain an endorsement naming General as an insured and provide that the amount of coverage provided therein will not be reduced or terminated without ten (10) days written notice first being given to General. Certificates of insurance, incorporating the above -described endorsements, shall be filed with General before title of Property A passes to General. 7. it is further agreed that the City shall have the right and the duty to maintain the landscaping in a triangular area at the northeast corner of Property A. Said triangular area is to be determined by survey paid for by General, said area is to be limited to that area sufficient to maintain the life of existing oak tree located thereon but in Gny case said area is not to extend beyond the existing building set -back line required by current zoning. Said right ar.d duty of the City to maintain the landscaping in said area is to be a covenant running with the land. 8. a. General is to have the right to review the preliminary title report of Property A and rescind this agreement and the subject escrow if the covenants, conditions, restrictions or state of title will reasonably pre- clude General's intended use of said property in fulfilling its public utility obligations. b. City is to have the right to review the preliminary title reports of Property B, and rescind this agree- ment and escrows pertaining to Property B, if the convenants, conditions, restrictions or state of title will reasonably preclude City's intended use of Property B in fulfilling its municipal obligations. - 4 - C. The close of escrow for passage of title of Property A is to be contingent on General's receiving an American Title Association form of title insurance policy. General is to bear all costs associated with procuring said form of title insurance policy including the making of a record survey. 9. Within 15 days from the execution of this agreement, City and General shall open an escrow at Title Insurance and Trust Company in San Bernardino, California, and both parties shall sign the escrow instructions. Either party failing to open or sign as provided above shall be guilty of a major breach of this agreement. If either or both parties fail to sign within the time prescribed., the agreement shall be deemed rescinded. Executed at Redlands, California, this 13th day of June 1969. CITY OF REDLANDS _ hh By ll� / Title Date 1969 GENERAL TELEPHONE COMPANY OF CALIFORNIA Ey'?si1�-i�-� Title vice President - Controller Date June 13, 1969 ATrYEST : City erk APPROVED FOR FORM: City VI-ttorney - 5 - AME3fl)ME?\T TO SALES AGREEMENT F/+� This document is to amend the Sales Agreement dated June 13, 1969, between the City of Redlands, hereinafter called "City" and General Telephone Company of California, hereinafter called "General". Subsequent to the signing of the June 13, 1969, Sales Agreement, the City and General entered into Title Insurance and Trust Company Escrow No. 600057-CLL. It is agreed herein that the certain triangular area referred to in Item No. 2 of the Escrow Instructions in said Escrow shall remain the property of the City. Item 7 of the Sales Agreement is therefore deleted in its entirety. Attached hereto as Exhibits B and B are leases remaining in effect on certain portions of Property B, which is more partic- ularly described in the Sales Agreement. General hereby accepts all responsibility for the management, maintenance and insurance (in the same amounts and types as specified in Par. 6 of the Sales Agreement) of Property B until the termination of said leases and the demolition and construction of the parking facility on Prop- erty B is completed. General, or an agent appoin %d by General, shall collect all rents due and owing under said lea:. s and shall pay said monies to the City, less maintenance costs and ten (10) percent of such rents as management expenses. General shall have the right to terminate said leases under any terms or conditions as General so elects, provided that City shall not be required to pay any amount to lessees for lease termination. No tenant or lessee shall be permitted to continue in possession of Property B after the end of the term of any lease. Within ten days of closing of the herein -above -mentioned Escrow, General shall vacate the 16 parking stalls referred to in Item 4 of the Sales Agreement; until such time as demolition of the existing improvements on Property B commences, whereupon General will resume use of said 16 parking stalls on property A, except that in no case shall General have use of said 16 parking stalls from November 15, 1969, 1970 and 1971 through December 31, 1969, 1970 and 1971. Since the parking facility cannot be constructed on Property B by November 15, 1969, as required in Item 4 of the Sales Agreement, it is mutually agreed herein that this Agreement is to remain in full force and effect until such time as the existing leases on Property B terminate and the parking Facility construe- tion has been completed in accordance with Exhibit C. The parking facility will be completed not later than six (6) months after the termination of all leases on Property B. Attached hereto and by reference incorporated herein is Exhibit C whic?i is mutually agreed herein to amend Exhibit A of the Sales Agreement. The plans and specifications are accepted by both parties herein as the final design of the parking .facilities to be constructed on Property B. By executing this document, the City hereby appoints General as ita agent to demolish the existing improvements on Property B and construct the parking facilities described in Exhibit C attached hereto. General is to demolish and dispose of the existing improvements on Property B with no accounting to the City —The City shall be held harmless and named as an additional insured party in any and all insurance obtained by General in the performance of the Sales Agreement and this Amendment thereto. 2 CITY OF REDLANDS By ohn H. Wagfz cr Title. acting City Manarer Date September 17, 1969 GENERAL LE HONVC IPANNY OF CALIF111, TIA By Title Date September 17,1969 -- — ATTEST: 'ty Clerk API DROVED FOR FOR Edward F. Taylor � City Attorney - 3 - M17', FT! "!7TION FICE CHY t�L1F0RM September 26, 1969 General Telephone Company of California 2020 Santa Monica Boulevard P. O. BOX 889 Santa Monica, California 90406 Attention: Mr. Walter Rook Dear Mr. Rook: The City of Redlands hereby agrees to proceed, with any legal action necessary to quiet title co the real property described on Exhibit A attached hereto. Title to said property, rio,A_ owned by the City, was acquired by warranty deed from Samiel and Bette Finkler on August 21, 1.957. The legal action would be initiated for the purpose of removing from the official records the trust c'eed made by Mr. and Mrs. Finkler and dated April 4, 1951, and recorded in Book 2749, page 403' of said official records. EFT: cbr Yours very truly, EDWARD F. TAYLOR City Attorney EXHIBIT C STATE OF CALIFORNIA COUNTY OF LOS ANGELES (VERIFICATION — 446, 2015.5 C. C. P.) �55. I asn al Teleho� Company q1 iorni a� a corporation, Plaintiff in the above entitled action; I have read the foregoing COMPLAINT TO OUIET TITLE TO REAL PROPERTY FcCP 7381 AND FOR BREACH OF CONTRACT and know the contents thereof; and-I-eerft Wmi the same- t'tl - 7rrg-omsrh7MMiUUt&M,' 'eprm-tt:thP mrittets'eu3t[�tf fisr thermos#bs#edl-i�afer,�xetie»eriellef;-,ss»e-iTraae-smstEers-I-I�cti�ae-li-tc�-he ire- that I am informed e the matters therein, to be true and on that ground allege ed th rein are true. .that th I certify (or declare), under penalty of perjure, that the foregoing is true and correct. Executed on �. 1973at. Sa t.ca C?17_c~a , California (date) (place) /s / ___R.i (4ha rd T. . Ohl -son (Signature) Received copy of the wi this clay of 19 Attomey_for (PROOF OF SERVICE BY MAIL-1013a 2015.5 C. C. P.) STATE OF CALIFORNIA ss. COUNTY OF I am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years and not a party to the within entitled action; my business address is: , I9 I served the on th in said action, by placing a true copy thereof in a sealed envelope with postage thereon fully prepaid, in the United States mail addressed as I certify (or declare), under penalty of perjury, that the foregoing is true and correct. Executed on at_ --.. --, California (date) (place) (Signature) W oLcoT s 8 61 1 P