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HomeMy WebLinkAboutDeeds & Easements_8-2001Eproperty generally located on the east side of Alessandro Road between San Timoteo Canyon Road and West Sunset Drive in Specific Plan No. 43 (Sunset Ranch 48, LLC, applicant) and recommended an award of 91 points. Community Development Director Shaw explained the allocation procedure, and Public Works Director Mutter explained the award of -5 points in the Streets category. On behalf of the applicant, Pat Meyer reported the map has been approved and recorded for this project; he also noted this is the only project being considered for this quarter. Councilmember Peppler moved to continue this matter to the July 3, 2001, meeting for further infonnation. Motion seconded by Councilmember Freedman and carried unanimously. Statement of Investment Policy - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously approved the Statement of Investment Policy as presented by the City Treasurer. Settlement Agreement - Claude Upshw - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously acknowledged a copy of the compromise and release agreement with Claude Upshaw. In accordance with the requirement of the Brown Act, this agreement was on the agenda to notify the public of the settlement agreement in accordance with the tenns agreed to in a closed session. Resolution No. 5904 - Grant Funds - Park Playground - Following brief discussion, on motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council unanimously adopted Resolution No. 5904, a resolution of the City Council of the City of Redlands approving an application for grant funds for the Park Playground Accessibility and Recycling Grant Program. Resolution No. 5905 - Grant Funds - Safe Neighborhood Parks - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5905, a resolution of the City Council of the City of Redlands approving an application for the per capita grant program, under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. Agreements - Church Street Widening Project - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously approved agreements for Purchase of Fee Interest with Ellen R. Baum, Trustee; Church of Religious Science of Redlands; and Target Community Schools in conjunction with the Church Street Widening Project and authorized the Mayor and City Clerk to sign the agreements on behalf of the City. Resolution No. 5908 - Grant Funds - Tires - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5908, a resolution of the City Council of the City of June 19, 2001 Page 3 Recorded in official Records, County of San Bernardino, Larry Walker, Recorder RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO; CITY OF REDLANDS Office of the City Clerk P. O. Box 3005 Redlands, CA 92373 A.P.N.: 170-071-04 (Portion) i Doc No. 20010505855 08:00am 11/06/01 PG FEE APF DIMS PH CPY CRT CPY ADD NM PEN PR PCOR 5 661 NON ST LN SVY CIT•CO TRANS TAX OA CRRG EXAM Order No.: 427520 Escrow No.: 18357- B 21p: Re st,� GRANT DEED THE UNDERSIGNED G TOR(s) DECLARE(s) THAT DOCUMENTARY TRANSFER TAX IS: COUNTY $None [ ] computed on full value of property conveyed, or [j ] computed on full value less value of liens or encumbrances remaining at time of sale, I unincorporated area; [ X ] City of Redlands , and FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged, TARGET COMMUNITY SCHOOLS, a California non-proft corporation / hereby GRANT(S) to CITY OF REDLANDS, a municipal corporation the following described property in the City of Redlands, County of San Bernardino State of California; That portion of that certain parcel of land conveyed to Target Community Schools, a California non-profit corporation, by Deed recorded April 26, 1990, as Instrument No. 1990-163000, Official Records of San Bernardino County, California. Said portion being the West 4 feet of Lot 3 of the following described parcel: Lot 3, Block 1, Lugonia Heights, in the City of Redlands, County of San Bernardino, State of California, as per map recorded in Book 8 of Maps, page 12, in the Office of the County Recorder of said County. Document Date: August 28, 2001 TARGET COMMUNITY SCHOS, a California non-p corporation p� By:�iQi1,_ e and title) � / (name and title) GRANT DEED CONTINUED ON NEXT PAGE Mail Tax Statements to: SAME AS ABOVE or Address Noted Below F .P. N.: 170-071-04 (Portion) CONTINUATION OF GRANT DEED STATE OF CALIFORNIA )SS COUNTY OF San Bernardino ) on October 4, 2001 before me, Dana''R, Cano Notary Public personally appeared PETER P. STAVISKI I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/shehhey executed dte same in his/her/their authorized caoacity(ies) and that by his/herltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h and officia DAMA R. CANO Commission # 12Q9639 Z Signature Notary Public - 03111fiorr*3 Z Son Bemardno County My Comm. Eyp4m Jan 31, 2M3 This area for official notarial seal. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of san Bernardino ss. On October 5, 2001 , before me, Laura C. Myring Dale Narne and Title of Officer (e,g., "Jane Doe, Notary Public") personally appeared Joan L" l+ C. MYIi!}�G Commission # e3tt3822 Notary Pur�fic - Cofitomia Son gerncxriino County Corrxrr. Expires I ug?5.?f son Names) of Signers) personally known to me CN proved to me on the basis of satisfactory evidence to be the personku� whose name(20 is/are subscribed to the within instrument and acknowledged to me thaWelshet executed the same in >cNX/herMwK authorized capacity{ and that by *Where signatureO on the instrument the person, or the entity upon behalf of which the person(S) acted, executed the instrument. WITNESS my hand and official seal. t Place Notary Seal Above Signature of Notary Put i OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Grant Deed Document Date: August 28, 2001 Number of Pages: 1 Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Assecialion • 9350 Do Sato Am, P.O. Brix 2402 • Chatsworth, CA 91313-2402 • www.natienalnotary.oig Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6327 � d 1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property described on the Grant Deed conveyed to the City of Redlands dated July 13, 2001 from Target Community Schools, a California non-profit corporation, is hereby accepted and the Grantee consents to recordation thereof by its duly authorized officer. Date: July 30, 2001 JOHN AV DSON City er RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF REDLANDS Office of the City Clerk P. 0. Box 3005 Redlands, CA 92373 A.P.N.: 170-071-04 (Portion) Order No.: 427520 Space Above This Line for Recorder's Use Only Escrow No.: 18357-JB THE UNDERSIGNED GRANTOR(s) DECLARE(s) THAT DOCUMENTARY TRANSFER TAX IS: COUNTY $None j computed on full value of property conveyed, or ]] computed on full value less value of liens or encumbrances remaining at time of sale, unincorporated area; [ X j City of Redlands , and FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged, TARGET COMMUNITY SCHOOLS, a California non-proft corporation hereby GRANT(S) to CITY OF REDLANDS, a municipal corporation the following described property in the City of Redlands, County of San Bernardino State of California; That portion of that certain parcel of land conveyed to Target Community Schools, a California non-profit corporation, by Deed recorded April 26, 1990, as Instrument No. 1990-163000, Official Records of San Bernardino County, California. Said portion being the West 4 feet of Lot 3 of the following described parcel: Lot 3, Block 1, Lugonia Heights, in the City of Redlands, County of San Bernardino, State of California, as per map recorded in Book 8 of Maps, page 12, in the Office of the County Recorder of said County. Document Date: August 28. 2001 TARGET COMMUNITY SCHOS, a California non-proft corporation By: —(name and title) By: (name and title) THIS DOCUMENT IS APPROVED AS TO CONTENT AND FORM CITY 0 PEDLANDS, a municipal. corporation BY Pat Gilbreath, Mayor AttestE City Clerk GRANT DEED CONTINUED ON NEXT PAGE .'fail Tak .grntomemcz tn- SAME AS AROVF nr Address Noted Below EXHIBIT "A" LEGAL DESCRIPTION That portion of that certain parcel of land conveyed to Target Community Schools, a California non-profit corporation, by Deed recorded April 26, 1990, as Instrument No. 1990-163000, Official Records of San Bernardino County, California. Said portion being the West 4 feet of Lot 3 of the following described parcel: Lot 3, Block 1, Lugonia Heights, in the City of Redlands, County of San Bernardino, State of California, as per map recorded in Book 8 of Maps, page 12, in the Office of the County Recorder of said County. Affects: APN 170-071-04 Contains: Approximately 200 square feet Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373 (909) 793-3147 FAX(909)798-4606 AMENDED/SUPPLEMENTED ESCROW INSTRUCTIONS Escrow No. 18357-JB Re: Vacant Pro ert To: Guardian Escrow, Inc. - Jeri Bray, CSEO Date August 28 2001 MY PREVIOUS INSTRUCTIONS IN THE ABOVE NUMBERED ESCROW ARE HEREBY MODIFIED AND/OR SUPPLEMENTED IN THE FOLLOWING PARTICULARS ONLY: The legal description of the property to be conveyed through this escrow is hereby amended to read: That portion of that certain parcel of land conveyed to Target Community Schools, a California non-profit corporation, by Deed recorded April 26, 1990, as Instrument No. 1990-163000, Official Records of San Bernardino County, California. Said portion being the West 4 feet of Lot 3 of the following described parcel: Lot 3, Block 1, Lugonia Heights, in the City of Redlands, County of San Bernardino, State of California, as per map recorded in Book 8 of Maps, page 12, in the Office of the County Recorder of said County. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. All parties signing this instruction acknowledge receipt of a copy of same. SELLER(S): TARGET COMMUNITY SCHOOLS, a California non-proft corporation By: (name and title) By: (name and title) BUYER(S): CITY OF REDLANDS, a municipal corporation By:' 1 __ PAT GILBREATH, Mayor ATTEST: City erk FIRST AMERICAN TITLE INSURANCE COMPANY 323 COURT STREET (P.O. BOX 6327) SAN BERNARDINO, CA 92412 (909) 889-0311 74-xo 6-/ Cow V/V/-1 -y solhaL� POLICY DATED: NOVEMBER 6, 2001 /7PIV 0/-/p - 0-71- U INSURANCE POLICY NO. 427520 NOTE: THIS CONTAINS IMPORTANT INFORMATION ABOUT THE REAL ESTATE TRANSAC- TION YOU HAVE JUST COMPLETED. READ IT AND RETAIN IT WITH YOUR OTHER VALUABLE PAPERS PERTAINING TO THE PROPERTY. THE NEW HOME OR OTHER REAL ESTATE YOU HAVE PURCHASED IS PROTECTED WITH A POLICY OF TITLE INSURANCE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY. THIS IS YOUR GUARANTEE OF OWNERSHIP. WE HAVE ASSIGNED THE ABOVE NUMBER TO YOUR RECORDS TO ASSURE PROMPT PROCESSING OF FUTURE TITLE ORDERS INVOLVING THE PROPERTY, IF YOU SELL OR OBTAIN A LOAN ON THIS PROPERTY WITHIN 5 YEARS, FIRST AMERICAN TITLE INSURANCE COMPANY WILL REDUCE THE USUAL POLICY RATE BY 20 PERCENT. TO OBTAIN THIS SAVINGS, IT WILL BE NECESSARY FOR YOU TO INFORM THE REAL ESTATE AGENT AND/OR ESCROW HOLDER HANDLING FURTHER TRANSACTIONS THAT SUCH POLICIES OF TITLE INSURANCE AS ARE REQUIRED SHOULD BE ISSUED BY FIRST AMERICAN TITLE. YOU SHOULD REQUEST THAT THE ESCROW OFFICER REFER TO THE ABOVE NUMBER WHEN OPENING THE ORDER WITH US FOR TITLE INSURANCE. WE APPRECIATE THE OPPORTUNITY OF SERVING YOU AND WILL BE GLAD TO ASSIST YOU FURTHER IN ANY WAY. REMEMBER THAT PROTECTION OF YOUR PROPERTY IS YOUR NUMBER ONE CONSIDERATION -- AND OURS. THANK YOU, MARGO SWEET TITLE OFFICER Form No. 1402.92 (10117/92) ALTA Owner's Policy POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1, Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land, The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. First American Title Insurance Company U V PRESIDENT ATTEST SECRETARY EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance orgovernmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (ji) the character, dimensions or location of any improvement now or hereafter erected on the land; (iij) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A. and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representa- tives, next of kin, or corporate or fiduciary successors. (b) "insured claimant': an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule (A), and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A), nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section I(a)(iv) of the Exclusions From Coverage, "public records" shall also incude environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title': an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION Of INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an inriehtarinace enrurer€ by a nnrrheee mn mn fEn n ,_ by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized rep- resentative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and mem- oranda in the custody or control of a third party, which reasonably pertain to the foss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim, Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary informa- tion from third parties as required in this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SMILE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to,the.insuredunder this policy, other than to make the payment required. shall terminate. including for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company, 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the Amount of in- surance under this policy shall be reduced by any amountthe Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner, 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be fumished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (if) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case of any litigation asset forth in Section 4(a) below, (li) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or en- cumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to abject for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel, The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to sa prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured forthis purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or off ecting settlement, and (11) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against Company for cancellation. (b) To Pay or Other`wite SettIlYWith Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (li) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Com- pany's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or (fi) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (1) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the Amount of Insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial foss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate,' 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. S. APPORTIONMENT. If the land described in Schedule (A)(C) consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the foss shall be computed and settled on a pro rata basis as if the Amount of Insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made sub- sequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the comple- tion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable y. ..„_1 Nu.w„ .., F. } o..1 u, .F-1 w .. had this policy not been issued. if requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary to order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against non-insured Obligors. The Company's right of subrogation against non- insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Com- pany or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpret- ing any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. AN notices required to be given the Company and any statement in writing required to be furnished the Company shag hrclude the number of this policy and shall be addressed to the Company at 1 First American way, Santa Ana, Caliromia 92707, or to the ot6ce which issued this policy. MS 427520 First American Title Insurance Company 323 Court Street (P.O. Box 6327) San Bernardino, CA 92412 (909) 889-0311 SCHEDULE A POLICY NO. 427520 MS AMOUNT OF INSURANCE: $600.00 PREMIUM $300, 00 DATE OF POLICY: NOVEMBER 6, 2001 AT 8:00 A.M. 1. NAME OF INSURED: CITY OF REDLANDS 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: A FEE 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: CITY OF REDLANDS, A MUNICIPAL CORPORATION 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: THAT PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO TARGET COMMUNITY SCHOOLS, A CALIFORNIA NON-PROFIT CORPORATION, BY DEED RECORDED APRIL 26, 1990, AS INSTRUMENT NO. 90-163000, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. SAID PORTION BEING THE WEST 4 FEET OF LOT 3 OF THE FOLLOWING DESCRIBED PARCEL: LOT 3, BLOCK 1, LUGONIA HEIGHTS, AS PER PLAT RECORDED IN BOOK 8 OF MAPS, PAGE 12, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALTA OWNERS POLICY (Regional Exceptions) PAGE 1 MS 427520 SCHEDULE B EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSE) WHICH ARISE BY REASON OF: SECTION ONE: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS. 5. UNPATENTED MINING CLAIMS; RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. SECTION TWO: GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2000-2001, NO AMOUNTS DUE, TOO SMALL TO BILL. 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. ALTA OWNERS POLICY (Regional Exceptions) PAGE 2 MS 427520 3 AN EASEMENT FOR THE HEREINAFTER SET FORTH SPECIFIC PURPOSE AND INCIDENTAL PURPOSES, RECORDED IN BOOK 28, PAGE 233, OF DEEDS. SAID EASEMENT IS FOR IRRIGATION DITCHES OR PIPES AND CANNOT BE LOCATED FROM THE RECORD. 4 COVENANTS, CONDITIONS AND RESTRICTIONS IN DOCUMENT RECORDED IN BOOK 1111, PAGE 1, OFFICIAL RECORDS. BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(c). WHICH PROVIDE, AMONG OTHER MATTERS, THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. MS/PLL ALTA OWNERS POLICY (Regional Exceptions) PAGE 3 This map may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability of loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this maR is attached. .r.-ate.M;at�r,,.,xnmf.n.,,.nr,a-sv-:s^.n,:• �--...... -,.- -,..,. „ „--.. �...; :tir•Ira!-tta"arr+�;.•.w',,.,« .. �??:�rekfxd5ac-:nor^ n e w 0 CHURCH O I k o i y k Q, k I cn a "' ^' - ry O/ 1 c o 1: Vf ca VI 4 a v �rn :a 8 w O ENNP 00 cn NA O y O4iN s 1 � k _ A 1 U II m 11 1 �2 k-I a I I Ih m 1' q I. g /TO rl ei /70� $ STREET—'. { oho ' [ 1T nkn T 7 �.;irv•a•' Gr . �•f}1i8 1�1t?� i`1' n�;' DI' iT�"`T i � B � I, ! �r ,.. _,n ,-i`--".f Od jYf# lM U ]k 1OF'_ E`ks�C} 1CrSa of ' z�a ii.,ga:it{ , w Ted�!� CtiaiU sap. q e A C'S m Q O O Order: 427520 Doc: CA-SB-ABP-0170.07 - 1 of 1 - DataTree via FASTSearch SAN BERNARDINO COUNTY ASSESSOR 172 W. THIRD STREET SAN BERNARDINO, CA 92415-0310 Escrow: 18357-JB PRELIMINARY CHANGE OF OWNERSHIP REPORT THIS REPORT IS NOT A PUBLIC DOCUMENT (To be completed by transferee (buyer prior to transfer of subject property in accordance with Section 480.3 of the Revenue and Taxation Code.) This report is not a public document. SELLERfI'RANSFEROR: TARGET COMMUNITY SCHOOLS BUYER/TRANSFEREE: CITY OF REDLANDS ASSESSOR'S PARCEL NUMBER(S). 170-071-04 (Portion) and,(if applicable) LEGAL DESCRIPTION: UNIT: LOT: TRACT: PROPERTY ADDRESS: OR LOCATION: Vacant Property Mail Tax Information To: (Name): CITY OF REDLANDS (Address): c/o Tom: FWiwara, Asst Public Works Director P. O. Box 3005 Redlands, CA 92373 FOR RECORDER'S USE ONLY FOR ASSESSOR'S USE ONLY CLUSTER OCI OC2 DT INT RC SP$ DTT$ #PCL A preliminary Change of Ownership Report must be fled with each conveyance in the County Recorder's office for the county where the property is located; this particular form may be used in all counties of 58 California. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the San Bernardino County Assessor. For further information on your supplemental tax roll obligation, please call the San Bernardino CounLy Assessor at 909 387-6740. PART I: TRANSFER INFORMATION Please answer all questions [ ]Yes [ ]No A. Is this transfer solely between husband and wife? (addition of a spouse, death of a spouse, divorce settlement, etc.) [ ]Yes [ ]No B. Is this transaction only a correction of the name(s) of the person(s) holding title to the property? (For example,a name change upon marriage.) [ ]Yes f ]No C. Is this document recorded to create, terminate, or reconvey a lender's interest in the property? [ JYes [ ]No D. Is this transaction recorded only to create, terminate, or reconvey a security interest (e.g. consigner)? [ ]Yes [ ]No E. Is this document recorded to substitute a trustee under a deed of trust, mortgage, or similar document? [ ]Yes [ ]No F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants? [ ]Yes [ ]No G. Does this transfer return property to the person who created the joint tenancy (original transferor)? H. Is this transfer of property- ( ]Yes [ ]No 1, to a trust for the benefit of the grantor, or grantor's spouse? [ ]Yes [ ]No 2. to a trust revocable by the transferor? [ ]Yes [ ]No 3. to a trust from which the property reverts to the grantor within I2 years? [ ]Yes [ ]No I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options: [ ]Yes [ ]No J. Is this a transfer from parents to children or from children to parents? [ ]Yes [ ]No K. Is this transaction to replace a principal residence by a person 55 years of age or older? [ ]Yes [ ]No L. Is this transaction to replace principal residence by a person who is severely disabled as defined by Revenue and Taxation Code Section 69.5? If you checked yes to J, K, or L, an applicable claim form must be filed with the County Assessor. Please provide any other information that would help the Assessor to understand the nature of the transfer. IF YOU HAVE ANSWERED "YES" TO ANY OF THE ABOVE QUESTIONS EXCEPT J K, OR L, PLEASE SIGN AND DATE, OTHERWISE COMPLETE BALANCE OF THE FORM. PART 11: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date- B. Type of transfer. Please check appropriate item. [ ]Purchase [ ]Foreclosure [ ]Gill [ ]Trade or Exchange [ ]Merger, Stock, or Partnership Acquisition [ ]Contract of Sale - Date of Contract [ ]Inheritance - Date of Death [ J Other (please explain): [ ]Creation of a Lease [ J Assignment of a Lease [ ]Termination of a Lease Date Lease Began Original term in years (including written options) Remaining term in years (ncluding written options) C. Was only a partial interest in the property transferred? [ JYes [ ]No If 'Yes' indicate the percentage transferred: AS-SV25 SBE-ASD AH 502-A FRONT 1-8-92 PRELIMINARY CHANGE OF OWNERSHIP.REPORT- - Escrow:18357-JE Please answer, to the best of your knowledge, all applicable questions, sign and date. If a question does not apply, indicate with 'N/A'. PART III: PURCHASE PRICE & TERMS OF SALE A. CASH DOWN PAYMENT or Value of Trade or Exchange (excluding closing cost) Amount $ B. FIRST DEED OF TRUST % Interest for years. Payments/Mo. =S (Prin. & Int.) Amount $ [ ] FHA [ ] Fixed Rate [ ] New Loan [ ] Conventional [ ] Variable Rate [ ] Assumed Existing Loan Balance ] ] VA [ I All Inclusive D.T. $ Wrapped) [ ] Bank or Savings & Loan [ I Cal -Vet [ ] Loan Carried by Seller [ ] Finance Company Balloon Payment [ ] Yes [ ] No Due Date Amount $ C. SECOND DEED OF TRUST @ % Interest for years. Payments/Mo. _ $ (Prin. & Int.) Amount $ [ ] Bank or Savings &. Loan [ ] Fixed Rate [ ] New Loan ] ] Loan Carried by Seller [ ] Variable Rate [ ] Assumed Existing Loan Balance Balloon Payment I ] Yes [ I No Due Date Amount $ D. OTHER FINANCING - Is other financing involved not covered in (B) and (C) above? [ ] Yes [ ] No Amount $ Type % Interest for wears. Payments/Mo. _$ (Prin. & Int. only) [ I Bank or Savings & Loan [ ] Fixed Rate [ ] New Loan [ I Loan Carried by Seller [ ] Variable Rate [ ] Assumed Existing Loan Balance Balloon Payment [ ] Yes [ I No Due Date Amount $ E. IMPROVEMENT BOND [ ] Yes [ I No Outstanding Balance: Amount $ F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission if paid). Total Items A through E $ G. PROPERTY PURCHASED: [ ] Through a broker: [ ] Direct from seller: [ ]Other I I If purchased through a broker, provide broker's name and phone no.: ! i Please explain any special terms or financing and any other information that would help the assessor understand purchase price and terms of sale. PART IV: PROPERTY INFORMATION A. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE (other than a mobilehome subject to local property tax)? [ ] Yes [ I No If 'Yes', enter the value of the personal property included in the purchase price $ (Attach itemized list of personal property). B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? [ ] Yes [ ] No If 'Yes', enter date of occupancy / 2 or intended occupancy 1 2 month day month day C. TYPE OF PROPERTY TRANSFERRED: [ ] Single -Family Residence [ ) Agricultural [ I Timeshare [ ] Multiple -family residence (no. of Units: [ ] Co-op/Own-your-own [ I Mobilehome [ [ Commercial/Industrial [ ] Condominium I I Unimproved lot [ ] Other (Description: D. DOES THE PROPERTY PRODUCE INCOME? ( )Yes ( )No E. IF THE ANSWER TO QUESTION 'D' IS YES, IS THE INCOME FROM: [ J Lease/Rent [ I Contract [ ] Mineral Rights [ ] Other -explain F. WHAT WAS THE CONDITION OF PROPERTY AT THE TIME OF SALE? [ ] Good [ ] Average [ ] Fair [ ] Poor Enter here, or on an attached sheet, any other information that would assist the Assessor in determining value of the property such as the physical condition of the property, restrictions, etc. I certify that the foregoing is true, correct and Signed (_ AttQst_ Please Print Name of New Owner/Corporate Officer Phone Number where you are available from 8:00 a.m. - 5:00 p.m. ( best of my knowledge and belief. Date 12 , 2 0.0.1 (NOTE: The Assessor may contact you for further information) IF A DOCUMENT EVIDENCING A CHANGE OF 0RfAMHIP IS PRESENTED TO THE RECORDER FOR RECORDATION R'ITHOUT THE CONCURRENT FILING OF A PRELIMINARY CHANGE OF OWNERSHIP REPORT, THE RECORDER MAY CHARGE ANADDITIONAL RECORDING FEE OF TWENTY DOLLARS ($20.00). AS-SV25 SBE-ASD AH 502-A BACK 1-8-92 Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373 (909) 793-3147 FAX (909)798-4606 Escrow No.: 18357-JB Our Commitment to Your Privacy: Guardian Escrow, Inc., has a long standing policy of protecting the confidentiality and security of information we collect about our customers. We may from time to time ask you to provide us with certain information. You may be concerned with what we will do with such information, particularly personal or financial information. Therefore, Guardian Escrow, Inc., has adopted this "Privacy Policy" to govern the use and handling of your personal information. How We Collect Information: Guardian Escrow, Inc., gets most of its information about your finances, employment, or other personal characteristics from you or from other parties working for you. This privacy Policy deals with the information which you provide to Guardian Escrow, Inc. It does not cover information which we receive from any other source, such as a public record or from another person or entity. The types of information which Guardian Escrow, Inc., may collect includes, but it not limited to, the following: information you provide on applications, forms and in other communications to us, whether in writing, in person, by telephone, E-mail, electronic transfer, or any other means; * information we develop as part of handling your transaction; information about your transactions with us, any affiliated companies, or others; and, information we receive from a consumer reporting agency. Guardian Escrow, Inc., may verify this collected information or get additional information from other sources. Why We Collect and How We Use Information: Guardian Escrow, Inc., limited the collection of information about you to a minimum, but which still allows Guardian Escrow, Inc., to provide you with superior services. We request information from you for legitimate business purposes related to the transactions we are handling for you, and not for the benefit of any party not connected with the transactions. Disclosures of Information: Guardian Escrow, Inc., will not release your information to nonaffiliated parties except: 1) as necessary for us to provide the product or service you have requested of Guardian Escrow, Inc.; or 2) as required or permitted by law. Such information may be used for any internal purpose, such as quality control efforts, audit purposes, to attorneys or other professionals, customer analysis, or to law enforcement and regulatory agencies, for example, to help us prevent fraud. Except for such limited situations, without your consent we will not make any disclosures of information to other companies who may want to sell their products or services to you. For example, Guardian Escrow, Inc., does not sell customer lists and we will not sell your name to a catalogue company or telemarketer. Guardian Escrow, Inc., may provide such nonpublic personal information listed above to an affiliated company of Guardian Escrow, Inc., if the affiliate is also involved in the transaction. Guardian Escrow, Inc., may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Former Customers: This Privacy Policy applies to you even if you are no longer a customer of Guardian Escrow, Inc. How We Protect Information: Guardian Escrow, Inc., has taken steps to ensure that only authorized parties have access to your information. We restrict nonpublic personal information about you to those individuals who need to know that information in order to provide you with services. Guardian Escrow, Inc., will use its best efforts to train and supervise its employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and other safeguards to comply with all applicable guidelines to protect your nonpublic personal information. Further Information: We reserve the right to change this Privacy Policy. The examples contained within this Privacy Policy are illustrations and are not intended to be exclusive. This notice complies with recently enacted federal law and regulations regarding privacy. You may have additional rights under other foreign or state laws that may apply to you. . I/We have received and read a copy of this Privacy Policy notification as of the date below: r Date: July 17, 2001 Signature: 0 141 Date: July 17, 2001 Guardian Pscrowlprivacy policy.03 June 29, 2001 Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373 (909) 793-3147 FAX (909)798-4606 Property: Vacant Property, Escrow No.: 18357-JB In accordance with Sections 18805 and 26131 of the Revenue and Taxation Code, a Buyer may be required to withhold an amount equal to 3 113 % of the sales price, in the case of a disposition of California real property interest by either: 1. A Seller who is an Individual with a last known street address outside of California or when the disbursement instructions authorized the proceeds to be sent to a financial intermediary of the Seller, OR, 2. A Seller who is a Corporation, which has no permanent place of business in California. For failure to withhold, the Buyer may become subject to a penalty in an amount equal to the greater of Ten Percent (10 %) of the amount required to be withheld or Five Hundred Dollars ($500.00). 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: 1. The Total Consideration of subject property is $100,000.00 or less, OR 2. The Seller executes a written certificate, under the penalty of perjury, certifying that the Seller is a resident of California, or if a Corporation, has a permanent place of business in California, OR 3. The Seller, who is an Individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the Seller's principal residence (as defined in Section 1034 of the Internal Revenue Code.) The undersigned parties acknowledge that the Escrow Holder is required to provide to Buyer(s) written notification of California withholding requirements. This notification instructs Buyer(s) to withhold 3 113 % of the Total Consideration of the California real property herein, when CAL-FIRPTA is applicable. The Buyer(s) acknowledge that it is his responsibility to instruct the Escrow Holder to withhold 3 113 % of the Total Consideration from the Seller(s) proceeds when CAL-FIRPTA is applicable. The Seller(s) acknowledge that if all of the above conditions are met, the Seller(s) may apply for a Withholding Certificate to waive all or a portion of the withhold requirement. The Seller(s) can apply for the Withholding Certificate at the address provided below. If the Withholding Certificate to waive has been received prior to the close of escrow, the withhold amount will be waived at the close of escrow. FRANCHISE TAX BOARD - WITHHOLDING AT SOURCE UNIT P.O. BOX 651, SACRAMENTO, CA 95812-0651 (888) 792-4900 If the Withholding Certificate has not been received prior to the close of escrow, the parties shall sign an instruction to escrow to withhold proceeds pending the Seller's receipt of the Certificate. The funds will be held by Escrow Holder for a period of not more than 45 days after the close of escrow. If the Withholding Certificate has not been received within the 45 day time limit, the withhold amount shall be forwarded to the State of California. If the Withholding Certificate is received either prior to the close of escrow or prior to the expiration of the 45 day holding period, the withhold amount shall be disbursed pursuant to the direction of the Withholding Certificate. If the Certificate waives the whole withhold amount, the Seller will receive the complete withhold amount; if the Certificate waives a portion of the withhold, the Seller will receive a portion of the amount and that portion required by the State will be forwarded to the State of California. In any event, if all of the above withhold conditions are met and instructions are received from the Buyer to withhold, this escrow will not close unless the instructions to withhold is signed by both Buyer and Seiler or a Withholding Certificate waiving the Withhold has been delivered to the Escrow Holder by the Seller prior to the close of escrow. TARGET COMMUNITY SCHOOLS, a California non-proft corporation By: ' (name and title) By: (name and title) CITY OF REDLANDS, a municipal corporation By:� PAT GILBREATH, Mayor Attest: O IE PO City Clerk Guardian ,Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373 (909) 793-3147 FAX (909)798-4606 Property: Vacant Property, Escrow No.: 18357-JB 1. THE UNDERSIGNED BUYERS AND SELLERS HEREBY ACKNOWLEDGE BEING ADVISED THAT CALIFORNIA STATE LAW REQUIRES THAT THIS ESCROW NOT CLOSE, NOR DOCUMENTS BE RECORDED, UNTIL ALL FUNDS REQUIRED OF THE PARTIES (INCLUDING NEW LOAN PROCEEDS) HAVE BEEN COLLECTED, AS DEFINED BY LAW. IN ORDER TO MAINTAIN COMPLIANCE, WE SUGGEST THAT THE MOST EFFICIENT METHOD OF DEPOSITING FUNDS IS TO TRANSFER BY WIRE. CASHIER'S CHECKS DRAWN ON A CALIFORNIA BANK WILL, IN MOST CASES, BE ELIGIBLE FOR "NEXT -DAY" CLOSING. ANY OTHER CHECK INSTRUMENTS, SUCH AS OFFICIAL CHECKS, BANK CHECKS, ETC., PURSUANT TO DEPARTMENT OF CORPORATIONS GUIDELINES, WILL BE TREATED AS PERSONAL CHECKS AND MUST BE CLEARED TO THE SATISFACTION OF GUARDIAN ESCROW, INC., WHICH CLEARANCE IS ESTIMATED TO TAKE FROM 3 TO 5 BUSINESS DAYS. 2. TO MINIMIZE DELAYS IN DOCUMENT RECORDING AND THE CLOSING OF YOUR ESCROW: a. Whenever the amount of funds required for closing is $100,000.00, or more, the closing funds should be transferred by wire directly to our bank as follows: City National Bank 5601 East Slauson Avenue Connnerce, CA 90040 Routing Number: 122016066 Account Number: 013007691 FOR DEPOSIT TO GUARDIAN ESCROW, INC., REDLANDS TRUST ACCOUNT CREDIT TO ESCROW NO. 18357-JB (MAKE CERTAIN WIRE TRANSFER REFERENCES NAME OF DEPOSITOR) b. Whenever the amount of funds required for closing is less than $100,000.00, the closing ,funds should either be wired to our account, as above instructed, or deposited to escrow in the form of a California Bank Cashiers Check payable to Guardian Escrow, Inc. (Please be reminded that not all bank checks are Cashiers Checks). 3. PER DIEM INTEREST WILL BE CHARGED BY SELLER'S LENDER UNTIL THE DATE LENDER RECEIVES THE PAYOFF FUNDS (OR AS OTHERWISE DIRECTED BY LENDER'S DEMAND STATEMENT). PER DIEM INTEREST WILL BE CHARGED BY THE BUYER'S LENDER FROM THE DATE THE LENDER FUNDS THE LOAN. THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THE ABOVE NOTICE, TARGET COMMUNITY SCHOOLS, a California non-proft corporation By: (name and title) By: (name and title) CITY OF REDLANDS, a municipal corporation By. PAT GILBREATH, Mayor Attest: 4Z"' LO E POYZ , City Cilex k Gu.ardi,an .escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373 (909) 793-3147 FAX (909)798-4606 TO: Guardian Escrow, Inc. SALE ESCROW INSTRUCTIONS Date; July 10, 2001 Escrow officer: Jeri Bray, CSEO Escrow Number: 18357 JB CITY OF REDLANDS, a municipal corporation, (hereinafter referred to as Buyer) agree to purchase from TARGET CONY SCHOOLS, a California non-profit coronation, (hereinafter referred to as Seller) the real property set forth herein per the terms, conditions, consideration and instructions hereinafter stated. The Seller and Buyer herein shall deliver these signed escrow instructions to Guardian Escrow, Inc., (hereinafter known as Escrow Holder). Terms of Transaction I will deposit, prior to close of escrow, the sum of To Complete the Total Consideration of $ 600.00 $ 600.00 Furthermore, I/We, the undersigned Buyer, will execute and deliver any instruments and/or funds which this escrow requires of the Buyer to show title as called for, all of which you are instructed to use on or before August 10, 2001, provided you hold a Policy of Title insurance issued through First American Title Insurance (the title company selected by the parties), with the usual title company's exceptions, with a liability of not less than $600.00, covering property in the County of San Bernardino , State of California, described as follows: That portion of that certain parcel of land conveyed to Target Community Schools, a California non-profit corporation, by Deed recorded April 26, 1990, as Instrument No. 90-163000, Official Records of San Bernardino County, California. Said portion being the West 4 feet of Lot 3 of the following described parcel: Lots 3, 4 and 5, Block 1, Lugonia Heights, in the City of Redlands, County of San Bernardino, State of California, as per map recorded in Book S of Maps, page 12, in the Office of the County Recorder of said County. COMMONLY KNOWN AS: 'vacant Property (Portion of 710 Church Street, Redlands, CA 92374) ASSESSOR PARCEL NUMBER(S): 170-071-04 (Portion) sHowwc; TITLE vEsTED IN: CITY OF REDLANDS, a municipal corporation SUBJECT ONLY TO: (1) Current property taxes. (2) A lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. (3) Assessments and Bonds, if any, including all liens of assessment pursuant to the provisions of the Mello -Roos Community Facilities Act, not delinquent, unpaid balance to be assumed by Buyer. (4) Any covenants, conditions, restrictions, reservations, rights, rights of way and easements of record, or in deed to file, and any exception of water, minerals, oil, gas, and kindred substances, on or under said land, now of record, or in deed to file. ESCROW INSTRUCTIONS 1. Escrow is not to be concerned with any fire or other hazard insurance covering subject property. 2. Prior to close of escrow, Buyer will hand you Certificate of Acceptance which is to be attached to the Grant Deed when delivered for recording. ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF Afy initials below represent my agreement and acknowledg of the foregoing. Seller Initials: _ _ Buyer Initials: Page I Guardian Escrow, Inc. Date: July 10, 2001 Escrow No.: 18357-JB 3. Seller will hand you Seller's corporate resolution authorizing this transaction and the terms and conditions set forth herein; which resolution shall also include the number of officers required to sign for the corporation, together with their names and title. 4. The undersigned Buyer and Seller acknowledge having received, read and approved a copy of the preliminary report issued by First American Title Insurance in its Order No. 427520, dated as of June 28, 2001, covering the subject property. Current Taxes and Exception Items 1 through 5 , as set forth in the report, are specifically approved to remain of record and may show in the policy of title insurance to be issued in conjunction with this escrow. 5. Prior to close of escrow, Steller will cause to be handed you a partial reconveyance releasing the subject property from the deed of trust encumbrance now of record; which document is to be recorded through this escrow. 6. Regardless of Additional Escrow Instructions set forth hereinafter to the contrary, all fees, costs and charges in this escrow will be paid by Buyer, including but not limited to title policy fee, escrow fee, documentary transfer tax, 1099 reporting fees and costs of preparing, notarizing and recording documents. 7. There are to be no adjustments or pro -rations in this escrow between the parties regarding taxes or other matters. 8 In the event Buyer or Seller utilize "facsimile" transmitted signed documents (via Panafax, Telefax, Nefax, etc.), Buyer and Seller hereby agree to accept same and instruct you as escrow holder to rely upon such documents as if they bore original signatures. Buyer and Seller hereby acknowledge and agree to provide to you, within 72 hours of transmission, any such documents bearing the original signatures. Buyer and Seller further acknowledge and agree that any promissory note, document required by a third party in conjunction with this escrow, or document in this escrow which is to be recorded in an office of the County Recorder, must be the original of such document, bear original signature(s) and be deposited with escrow holder prior to close of this escrow. ADDITIONAL ESCROW INSTRUCTIONS 1. All funds received in this escrow shall be deposited with a State or National bank with other escrow funds. Make disbursements by your check; checks not presented for payment within six months after date are subject to service charges in accordance with your schedule in effect from time to time. Make all adjustments and pro -rations on the basis of a 30-day month. "Close of Escrow" is the date instruments are recorded. All documents and funds due the respective parties herein are to be mailed to the addresses set out below their respective signatures unless otherwise instructed. Our signatures on any documents and instructions pertaining to this escrow indicate our unconditional approval of same. Whenever provision is made herein for the payment of any sum; the delivery of any instrument or the performance of any act "outside of escrow", you as escrow holder shall have no responsibility therefor and shall not be concerned therewith. Documentary Transfer Tax is to be computed on full value of property conveyed (or full value less remaining encumbrances, if applicable) and will be paid by Seller/Grantor unless otherwise stated. 2. The parties to this escrow are made aware that escrow holder has no obligation to verify signatures of any of the parties involved. 3. You 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 die same, either as to documents of record or those handled in the escrow; or (3) the failure of any party to comply with any of the provisions of any agreement, contract or other instrument filed or deposited in this escrow or referred to in those 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. Your liability as escrow holder shall be confined to the things specifically provided for in my written instructions in this escrow. ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials Below represent my agreement and acknowledgment of the foregoing. Seller Initials• _ Buyer Initials: Page 2 Guardian Escrow, inc-. Date: July 10, 2001 Escrow No.: 18357-M 4. Where the assignment of any insurance policy from Seller/Grantor to Buyer/Grantee is concerned, Seller/Grantor guarantees to you any insurance policy handed you in this escrow is policy in force, the policy has not been hypothecated and that all necessary premiums have been paid. You are authorized to execute on behalf of the parties assignments of interest in any insurance policy (other than title insurance policies) called for in this escrow, you are authorized to transmit for assignment any insurance policy to the insurance agent requesting that the insurer consent to such assignment, to request that a loss payee clause or such other endorsements as may be required be issued, and to forward such policy to the lenders and entitled parties. You shall not be responsible for verifying the acceptance of the request for assignment and policy of insurance by the insurance company. The parties mutually agree that you will make no attempt to verify the receipt of the request for assignment by the issuing insurance company. All parties are placed on notice that if the insurance company should fail to receive the assignment, the issuing company may deny coverage for any loss sufferer] by Buyer. It is the obligation of the insured or the insured's representative to verify the issuing company's acceptance of the assignment of the policy. S. You are not to be held responsible in any way whatsoever for any personal property tax which may be assessed against any former or present owner of the subject property described in these escrow instructions, nor for the corporation or license tax of any corporation as a former or present owner. 6. If it is necessary, proper or convenient for the consummation of this escrow, you are authorized to deposit or have deposited funds or documents, or both, banded you under these escrow instructions with any duly authorized sub -escrow agent, including, but not limited to, any bank, trust company, title insurance company, title company, savings and loan association, or licensed escrow agent, subject to your order at or before close of escrow in connection with closing this escrow. Any such deposit shall be deemed a deposit under the meaning of these escrow instructions. 7. The parties to this escrow have satisfied themselves outside of escrow that the transaction covered by this escrow is not in violation of the Subdivision Map Act or any law regulation land division, zoning ordinances or building restrictions which may affect the land or improvements that are the subject of this escrow. You, as escrow holder, are relieved of all responsibility and liability in connection with such laws, ordinances, restrictions or regulations and are not to be concerned with any of their enforcement. 8. If any form of Purchase Agreement or amendment or supplement (collectively "Purchase Agreement") is deposited in this escrow, it is understood that such document shall be effective only as between the parties signing the Purchase Agreement. You, as escrow holder, are not to be concerned with the terms of any Purchase Agreement and are relieved of all responsibility for the enforcement of its terms. Your only duty is to comply with the instructions set forth in the escrow instructions. You are not responsible for interpreting or acting on any provision of any Purchase Agreement on which these escrow instructions may be based, and you shall not rely on any knowledge or understanding you may have of any such Purchase Agreement in ascertaining or performing your duties as escrow holder. In connection with any loan transaction, you are authorized to deliver a copy of any Purchase Agreement, supplement or amendment deposited with you, to the lender. You are authorized and instructed to furnish to any broker or lender identified with this transaction, or anyone acting on behalf of such lender, any information concerning this escrow, copies of all instructions, amendments and statements upon request. 9. You shall make no physical inspection of the real property or personal property described in any instruments deposited in, or which is the subject of this escrow. You have made no representations or warranties concerning any such real property or personal property and are not to be concerned with nor liable for the condition of real property or personal property. 10. The parties authorize the recordation of any instrument delivered through this escrow if necessary or proper for the issuance of the required policy of title insurance or for the closing of this escrow. Funds, instructions or instruments received in this escrow may be delivered to, or deposited with, any title insurance company or title company to comply with the terms and conditions of this escrow. l l : If the date by which any party's performances are due shall be other than your regular business day, such performances shall be due on your next succeeding business day. 12. You shall conduct no lien or title search of personal property regarding the sale or transfer of any personal property through this escrow. Should the parties desire that you conduct a lien or title search of personal property, the parties requesting the same shall deliver separate and specific written escrow instructions to you along with an agreement to pay your additional escrow fees. 13. You shall not be 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 arise during the processing of this escrow. 14. The parties agree to deliver to you all documents, instruments, escrow instructions and funds required to process and close this escrow in accordance with its terms. ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowledgment of the foregoing. Seller Initials: _ _ Buyer Initials: Page 3 Guardian Escrow, Inc. Date: July 10, 2001 Escrow No.: 183574B 15. You are instructed to provide title to the subject real property in the condition identified in the escrow instructions by the parties, which title condition shall be evidenced by that shown in the policy of title insurance secured from the title company selected by the parties, on which you may rely. You are not responsible for the contents or accuracy of any beneficiary demands and/or beneficiary statements delivered to you by the existing lienholders. You are not to be responsible in any way whatsoever nor to be concerned with the terms of any new loan or the content of any loan documents obtained by any party 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. 16. Any pro -ration of rentals is to be based on rental statement handed you by the Seller/Grantor. You are to consider that Seller/Grantor will collect all rents which fall due prior to the close of escrow, unless he instructs you in writing to the contrary. No adjustment against the Buyer/Grantee on uncollected rents is to be made. Any pro -ration of taxes is to be based on latest tax statement available. You are not responsible for any personal property tax and/or supplemental taxes which may be assessed to the Seller/Grantor or any former owner of the property described herein, nor for the corporation or license tax of any corporation as former owner. If this escrow provides for the transfer of water stock at close of escrow, unless otherwise stated herein, all encumbrance holders at close of escrow shall be named as pledgee, as their interests appear, and said stock, upon reissue after close of escrow, is to be delivered to the first pledgee, and if no pledgee to the new record owner. 17. The parties expressly indemnify 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 and/or in compliance with these escrow instructions. 18. The Federal Tax Reform Act of 1986, as amended, and the California Revenue & Taxation Code, require certain transactions to be reported to the Internal Revenue Service and the California State Franchise Tax Board. In those transactions Seller will furnish a correct tax identification number to you so you can report this transaction as required by law. Seller understands that Seller may be subject to civil or criminal penalties for failure to do so. If requested, you are authorized to furnish the Buyer with a copy of Seller's completed State of California Franchise Tax Board Withholding Exemption Certificate and Nonresident Waiver Request for Real Estate Sales Form 597 W, or other applicable State of California Franchise Tax Board Withholding Execption Certificate furnished by Seller. 19. The parties agree that you 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 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 and/or a party to any other escrow, in connection therewith, although such other transaction may be handled by you in this escrow or in another escrow transaction. If, however, you are instructed in writing by any party, 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 escrow, you shall do so without incurring any . liability to any party. You shall not be liable for any of your acts or omissions 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 your willful neglect or gross misconduct. 20. Parties acknowledge that pursuant to the California Revenue & Taxation Code a Change of Ownership Report is required by the county recorder to be completed and affixed to any documents submitted for recording which evidence a conveyance of title. The Change of Ownership Reports shall be furnished by you to the applicable parties for completion and execution. Parties are aware that if forms are not completed in full, signed and returned to you prior to closing, penalties will be assessed by the county recorder. If any Change of Ownership Report is not filed after the close of escrow within the time limits set forth by the county recorder,, or the report is rejected by the county recorder for any reason, severe penalties will be assessed. Escrow holder's responsibility with regard to the Preliminary Change of Ownership Report(s) is limited to its delivery of same, as deposited by the parties, to the title company named in this escrow. For information and assistance in completing the Change of Ownership form, Buyer may contact the County Recorder and Assessors offices in the county in which the subject property is located. ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowledgment of the foregoing. Seller Initials: Buyer Initials: Page 4 Guardian Escrow, Inc. Date: July 10, 2001 Escrow No.: 183574B 21. 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 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. Should you, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any actions or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorneys' fees suffered or incurred by you, arising out of, connected with, or incidental to this escrow, including but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations further to perform any and all duties imposed upon you in this escrow. In consideration of your undertaking to act hereunder, I agree to pay, when called upon by you so to do, for all services performed for me, together with all charges, expenses, and costs incurred or paid for me by you as customarily allocated, unless the Escrow Instructions set forth hereinabove provide to the contrary. All of the parties to this escrow, jointly and severally, promise to pay promptly on demand, as well as to indemnify you and to hold you harmless from and against all administrative governmental investigations, audit and legal fees, litigation and interpleader costs, damages, judgments, attorneys' fees, arbitration costs and fees, expenses, obligations and liabilities 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 escrow, directly or indirectly, and whether at trial, or on appeal, in administrative action, or in an arbitration. You are given a lien upon all the rights, titles and interests of the parties and all escrow papers and other property and monies deposited into this escrow to protect your rights and to indemnify and reimburse you. You may deduct from my net proceeds any amount I may owe you in any other matter. If the parties do not pay any fees, costs or expenses due you under the escrow instructions or do not pay for costs and attorneys' fees incurred in any litigation, administrative action and/or arbitration, on demand, they each agree to pay a reasonable fee for any attorney services which may be required to collect such fees or expenses, whether attorneys' fees are incurred before trial, at trial, on appeal or in arbitration. 22. All notices, demands and instructions must be in writing. No notice, demand, instruction, amendment, supplement or modification of these escrow instructions shall be of any effect in this escrow until delivered in writing to you and mutually executed by all parties. All escrow instructions may be executed in counterparts, each of which shall be deemed an original regardless of the date of its execution and delivery. All such counterparts together shall constitute the same document. The parties acknowledge and understand that you, as escrow holder, are not authorized to practice the law nor do you give financial advice. The parties are advised to seek legal and financial counsel and advice concerning the effect of these escrow instructions. The parties acknowledge that no representations are made by you about the legal sufficiency, legal consequences, financial effects or tax consequences of the escrow instructions. 23. Notwithstanding any other provisions in these escrow instructions and in addition to other fees and costs to which you may be entitled, the parties, jointly and severally, agree that if this escrow is not consummated within ninety (90) days of the date set for closing, you are instructed to, and without further instructions, withhold your escrow hold open fee of $50.00 per month from the funds on deposit with you regardless of who deposited such funds. The parties, jointly and severally, further agree that if you are, for any reason, required to hold funds after close of escrow, you are instructed to, and without further instructions, withhold an escrow fee of $50.00 per month from the funds on deposit with you regardless of who deposited such funds. The parties irrevocably instruct you to automatically cancel this file without further instructions when all funds on deposit have been disbursed. 24. If the conditions of this escrow have not been complied with prior to the expiration of time provided for herein, or any extension thereof, you are nevertheless to complete the escrow as soon as the conditions, except as to time, have been complied with, unless written demand shall have been made upon you not to complete it. Your 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 has not closed or cancelled within the prescribed six-month period, you shall have no further obligations as escrow holder except to disburse funds and documents pursuant to written escrow instructions or to interplead or otherwise dispose of funds and documents in accordance with a validly issued and validly served order from a court of competent jurisdiction. ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My Initials below represent my agreement and acknowledgment of the foregoing. Seller Initials: Buyer Initials: Page 5 Guardian Escrow, Inc. Date: July 10, 2001 Escrow No.: 15357-TB 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, arbitration fees and costs 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 apportioned between Buyer and Seller in a manner which, in your sole discretion, you consider equitable, 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 garnishments, you are instructed to disburse the escrow funds and instruments in accordance with such cancellation instruction, order or judgement and accompanying writ and this escrow shall, without further notice, be considered terminated and cancelled. 25. if any check submitted to you is dishonored upon presentment for payment, you are authorized to notify all parties to the within escrow; their respective real estate brokers/agents and any other person or entity you deem, in your sole discretion, necessary to notify. 26. The parties agree to release you from any and all liability of any kind or mature and to indemnify you from any loss, damages, claims, judgments or costs of any kind or nature resulting from or related to the release or discharge of hazardous or toxic wastes on the subject property whether it occurred in the past or present or may occur in the future which release or discharge is in violation of law, in excess of any state and federal standards, permit requirements and/or disclosure requirements existing at this time or which may exist at a future time. The parties represent that they made their own assessment of the condition of the subject property and have not relied on any of your representations in making the assessment. The parties are advised to seek independent legal and technical environmental expert advice in assessing the risks associated with potential hazardous or toxic wastes. 27. All parties to this escrow understand and agree that the title company named in these escrow instructions has been selected by the parties. All parties understand and agree Guardian Escrow, Inc. assumes no responsibility for any loss or delay encountered in the delivery of the loan funds to escrow holder, nor with the payoff of any existing loans and encumbrances, by the said title company; Guardian Escrow, Inc., is hereby held to be harmless as to any such loss or delay. 28. All parties acknowledge being advised that Jeri Bray: (1) is an escrow officer and the general manager of Guardian Escrow, Inc., and (2) is an officer and stockholder of Guardian Escrow, Inc., and Inland Brookside Services, Inc., each California corporations. 29. In these escrow instructions, wherever the context so requires, the masculine gender includes the feminine and/or neuter and the singular number includes the plural. 30. The legal descriptions(s), street address(es), if any, and assessor parcel number(s) set forth in this escrow have been furnished by the Seller/Grantor and approved by the Buyer/Grantee, on which you may rely. 3I . You are authorized to destroy or otherwise dispose of any and all documents, papers escrow instructions, correspondence and records or other material constituting or pertaining to this escrow at any time after five (5) years from the date of: (1) the close of escrow: (2) the date of cancellation: or (3) the date of the last activity; all without liability and without further notice to the parties. GUARDIAN ESCROW, INC., A CALIFORNIA CORPORATION IS LICENSED AS AN ESCROW AGENT BY THE DEPARTMENT OF CORPORATIONS OF THE STATE OF CALIFORNIA. ALL PARTIES TO THIS TRANSACTION, 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, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN, IN THEIR ENTIRETY. ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowledgment of the foregoing. Seller Initials: _ _ Buyer Initials: Page 6 �r Gtidrdioll Escrow, Inc. y Date: July 10, 2001 Escrow No.: 18357-JB Buyer's Signature: CITY OF REDLANDS, a municipal corporation PA GILBREATH, Mayor ATTEST: Clify,qferk, City a ands Address: c/o Tom Fujiwara, Asst Public Works Director, P. 0. Box 3005 Redlands, CA 92373 The foregoing terms, provisions, conditions and instructions are hereby approved and accepted in their entirety and concurred in by me. I will hand you necessary documents called for on my part to cause title to be shown as set out herein, which you are authorized to deliver when you hold or have caused to be applied to funds set forth herein within the time as herein provided. You are authorized to pay on my behalf, my recording fees, charges for evidence of title as called for whether or not this escrow is consummated, except those the buyer agreed to pay. You are hereby authorized to pay bonds, assessments, taxes, and any liens of record, including prepayment penalties, if any, to show title as called for. Seller's Signatures: TARGET COMMUNITY SCHOOLS, a California non-proft corporation By: (name and title) By: (name and title) Address: 710 Church Street, Suite B, Redlands, CA 92373 - - END OF INSTRUCTIONS - - Page 7