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DIRECTOR'S DEED NO.DD00W739-02-01
OPTION TO PURCHASE-CASH TERMS
For the purchase of the real property in the County of San Bernardino as described in the above-referenced director's deed
number.
The undersigned,hereinafter known as hRyeL agrees to the terms of this agreement and attached conditions,and farther agrees to
pay a purchase price of$360.00,or Three Hundred and Sixty Dollars to the State of California,Department of Transportation,
hereinafter known as R11S for the above-referenced property.
360.00 full rch se, rice
The amount of MUM is paid herewith as the z5cpnrx
NOTE:This form must be completed and returned to Caltrans with the deposit by September 29,1999.
The remaining balance of the purchase price shall be paid by Cash,Cashier's or Certified Check,or money order payable to the
"California Department of Transportation" within thirty days from the date of demand from the seller.Payment of the entire
amount can be done at the time of entering into this agreement(before September 29, 1999).
The property shall be conveyed by Director's Deed to:
City of Redlands, a municipal corporation
(PLEASE INDICATE VESTING)
It is also agreed that all notices and matters arising in connection with this transaction will be given to buyer or by mail addressed
to buyer at: City of Redlands
City Attorney's Office
PO Box 3005
Redlands, CA 92373
The buyer shall pay all recording and documentary stamp tax fees,and any other applicable fees. Upon payment of the balance of
the purchase price to the Department of Transportation,this Department will either record the Director's Deed,or deliver it to the
buyer for the purposes of recording.SPECIAL NOTE: The buyer may take possession pursuant to the terms and conditions
attached.
All Provisions of the attached"TERMS OF OPTION TO PURCHASE" and the attached"AGREEMENT FOR POSSESSION
AND USE" are hereby specifically incorporated by reference into the terms of this agreement,and buyer agrees to perform each
of the said TERMS.
Phone No. 909 798-7595
Buyer MayorltamEx,7Cunningham
City of Redlands
ATTEST:
Beatrice Siie Deputy City ClevlV_
The terms and conditions of this agreement are hereby accepted,subject to the approval of the California Transportation
Commission and Caltrans.
Brice D. Paris,Regional Manager
Southern Right of Way Region
California Department of Transportation
TERMS OF OPTION TO PURCHASE (4) The right,title and interest in the property to be sold shall not
CASH-CREDIT TERMS: This parcel is to be sold for Cash. All exceed that vested in the State of California,and this sale is subject to
offers or scaled bids shall be presented under cover and shall be all title exceptions and reservations whether or not of record,and all
plainly marked on the outside cover. obligations as set forth in the Railroad Revitalization and Regulatory
REQUIRED OPTION DEPOSIT: All offers/bids must be Reform Act,the California State Rail Plan,Railroad Grant
accompanied by CASH,CASHIER!S CHECK or MONEY ORDER Agreement PR-CA-79,Agreement 09800-633003,Lease Agreement
made payable to the DEPARTMENT OF TRANSPORTATION in #7369-001-01,and any other agreement,lease,or contract regarding
the amount of the required option deposit. the re-establishment of rail service to Richmond Technology,
OPTION PERIOD: The option deposit will be the consideration (5) The successful bidder/purchaser shall pay all recording fees,
for the option period,the length of which is specified on the"Option documentary transfer tax,and other real estate transaction taxes or
to Purchase." The option period shall commence on the day stated fees by whatever name known,including escrow fees and broker's
on the offer letter or upon receipt of the option deposit,whichever is commission,if any,and personal property taxes where applicable,
first. The balance of the purchase price shall be paid on or before (6) Should the successful bidder/purchaser desire a survey of the
expiration of the option period. property,this may be accomplished by an independent surveyor at
EXTENSION OF THE OPTION PERIOD: There may be the bidder's/purchaser's expense. No warranty is made by the
situations wherein the option holder is unable to complete the Terms Department of Transportation relative to the ground locations of the
of Option within the time allowed for reasons beyond his control, property lines other than incinumented highway right-of-way lines.
Under these circumstances,the State,at its discretion,may elect to (7) The successful bidder/purchaser shall be responsible for
extend the option period. A charge of 1%of the sales price per complying with local building codes and ordinances. All properties
month will normally be made for such extensions. This charge are sold in an"as is"condition.
SHALL NOT be applied toward the purchase price. (8) All Caltrans employees may bid to acquire excess State owned
FORFEITURE OF DEPOSIT: The option deposit and any properties except employees who have direct access to information
additional option deposit shall be NON-REFUNDABLE in the event not generally available to the public or who influence the purchase or
that the potential purchaser fails to exercise the option within the sale of Right-Of-Way or other real properties.
option period or fails to comply with any and all of the terms of the (9)Property is sold subject to existing tenancies,if applicable.
option as herein provided. ESCROW and PAPERWORK PROCESSING: The State will
SEALED BID/OFFER FORM: Sealed Bid/Offer must be handle the transfer of the property at NO CHARGE to the successful
submitted on a form issued by the Department of Transportation. A bidder except for regular transfer and recording fees. This is not
copy of the sealed bid/offer form accompanies this notice. If the bid considered to be a formal escrow as there is no disinterested third
form does not contain an original signature of the bidder,the bid will party. Bidder/purchaser may elect to open an escrow within 5
be rejected. Bid form may be photocopied in case of multiple bids. working days of notice of bid/offer acceptance with a mutually
[The"Option to Purchase"will be used in lieu of the sealed bid acceptable California licensed escrow company at
form.] bidder's/purchaser's expense.
OPTION AGREEMENT: TITLE INSURANCE:If desired,successful bidder/purchaser may
Sealed Bids/Offers: The Department of Transportation will notify obtain a policy of Title Insurance at his own expense.
the high bidder/offerer,in writing,that the scaled bid/offer received SPECIAL CONDITIONS FOR STATE FINANCING: [NOT
was the highest and will be submitted to the California APPLICABLE;THIS IS AN ALL CASH SALE] State Financing
Transportation Commission(C.T.C.)for approval. Upon award,the is available to qualified bidders on designated parcels if State
bid form shall become an option agreement and the successful Financing is requested. To qualify for the financing,bidders must
bidder/offerer shall be bound to the terms specified in the Sealed Bid submit loan applications with the sealed bids or during registration
Form/Option To Purchase. for vocal bidding and authorize the State to investigate and verify.
Vocal Bids: High bidder in vocal bidding will be required to sign an Please call for an application package. This special financing is
Option to Purchase Agreement upon the award of the sale to the offered with an ACCELERATION CLAUSE and CANNOT BE
highest bidder,subject to approval of the CTC. SUBORDINATED. The successful bidder shall on or before
TIE BIDS: In the event that two or more high bids(Sealed Bids)are N/A deposit an additional sum of money which,when added to
submitted which are equal in amount,the option shall be awarded to the option deposit,will equal at least 30 percent of the successful bid
a high bidder chosen by lot at the time the bids are opened. together with a signed Note and Deed of Trust acceptable in form to
SECOND HIGH BID: In the event1hat the high bidder(Sealed the State of California in the amount of the balance of the purchase
Bids)fails to exercise the option within the option period the State price. Said Note shall provide the balance of the purchase price with
interest(folly amortized)to be payable in quarterly installments for a
may,at its discretion,offer the option to the second highest bidder.
If the second highest bidder accepts the option,the deposit period not to exceed 10 years. Interest will commence the day after
requirement and terms of option to purchase shall be the same as recordation of the deed. The principal obligation under the Deed Of
stated in the Bid Form/Option To Purchase,except that the option Trust may be repaid in full or in part at any time without penalty.
period shall commence on the day the option is awarded by the State. Each payment shall be credited first on interest then due and the
LIMITING CONDITIONS: remainder on principal;and interest shall there upon cease on the
(1) The sale under this option is subject to the approval of Caltrans principal obligation and shall not replace regularly scheduled
and the C.T.C. The option deposit money will be refunded without payments.
interest if the sale is not approved by Caltrans or the CTC, The INTEREST RATE: 9.0%fixed rate for 10 years with no loan
purchaser may take possession when the Director's Deed is filed for origination fees or loan points.
recording(unless otherwise specified on the"Option to Purchase" LATE PAYMENT: A penalty of 5%of any payment which is paid
form). more than 10 days after its due date.
(2) When the sale is approved by the C.T.C.and the purchaser elects ALL PAYMENTS: All payments must be made at the California
to exercise the option,the option deposit will be credited toward the Department of Transportation,464 W.Fourth St.8th Floor,San
bid purchase price. Bernardino,CA 92401,in CASH,CASHIER'S CHECK or MONEY
(3) The State reserves the right to reject any and all bids/offer and to ORDER,payable to the order of the CALIFORNIA
cancel the sale in part or in its entirety,any time prior to the DEPARTMENT OF TRANSPORTATION. The successful
recordation of the Director's Deed- In the event of cancellation of bidder's/purchaser's option deposit will be retained by the State and
sale and/or rejection of any bids,the respective deposits of money not placed in an escrow or trust account and does not earn any
shall be refunded without interest interest,
AGREEMENT FOR POSSESSION AND USE
(Addendum to Options to Purchase for D0007639-01-01, DD007639-02-01, DD007639-02-02)
This Agreement is made this day of '1�?rfiafepj , 19 a, by and between the State of
California, Department of Transportation, hereinafter r6ferred to as "State" and as "seller", and the City of
Redlands, hereinafter referred to as "City" and as "buyer".
It is hereby agreed by and between the parties that the City requires immediate possession of the State's
real property to realign and widen Colton Avenue and Wabash Avenue from one lane to two lanes, install
storm water drainage, underground utilities, overhead lighting, and landscaping, and construction of curbs,
gutters, and sidewalks. The State's property is identified in the attached Exhibits "A, B, & C." The property
so identified is required by the City for the aforementioned street improvement project; the purpose of this
Agreement is to allow the City to proceed with the construction of its street improvement project without
delay.
In consideration of the permission herein granted to the City, and any other consideration hereinafter set
forth, the State and City agree as follows:
1. State hereby grants to City, its contractors, agents, and all others deemed necessary by City, the right
to possession and use of the property. In consideration for this grant of possession and use, City shall
purchase the property at fair market value from the State, therewith executing the State's "Option to
Purchase" form and complying with the "Terms of Option to Purchase," including tendering a
deposit of 50% of the purchase price of the property. City shall have the right to take possession of
the property on the date this deposit is tendered to the State. The total purchase price for the three
parcels is $4,550.00.
2. The City acknowledges that this property is not currently identified as excess to the State's needs and
before the State can sell this property there are laws and regulations that must be complied with. The
City also understands that the State can not guarantee that this property will ultimately be made
available for sale.
3. It is understood that this permission is not a waiver in any way of the compensation for the property or
of any remedy authorized by law to secure payment therefor, or for any remedy authorized by law
required to restore the property to its original condition.
4. This agreement is made upon the express condition that the State of California and any officer or
employee thereof is to be free from all responsibility, liability, claims, suits, or actions of every name,
kind and description, brought for or on account of injury to any person or persons, including the City
of Redlands, or to property of any kind whatsoever and to whomsoever belonging, including the City,
occurring on or about the premises or from any cause or causes resulting from the operations and/or
use of the premises, or the property adjacent thereto, by the City, their officers, agents, employees,
contractors, customers, invitees, and /or any persons acting on City's behalf. It is understood and
agreed that the City shall defend, indemnify, and save harmless the State of California, all officers and
employees thereof, from all liability, claims suits, or actions of every name, kind and description
brought for or on account of injuries to or death of any person or damage to property arising from any
aforesaid cause or causes. The City waives any and all rights to any type of express and implied
indemnity against the State of California, its officers or employees. It is the intent of the parties that
the City will indemnify and hold harmless the State of California, its officers or employees from any
and all claims, suits, or actions as set forth above regardless of the existence or degree of fault,
whether active or passive, primary or secondary, on the part of the State of California, other than its
sole negligence.
5. It is understood that in the event of an impasse in the negotiations for this property, or in the event
that the property can not be made available for sale, the City shall be required to rent this property
from the State using the State's rental agreement at a price based on the fair market value of the
property; this rental rate will be subject to periodic increases as stated in the State's rental agreement.
In any event a rental agreement must be entered into no later than 120 days from the date of execution
of this agreement.
6. City agrees to secure from Richmond Technology, and provide same to State, certification that
indicates all obligations to the United States Government, the Public Utilities Commission, the State
of California, the Union Pacific Railroad, the Burlington Northern Santa Fe Railway, and Caltrans
have been satisfied by Richmond Technology regarding the Railroad Revitalization and Regulatory
Reform Act, the California State Rail Plan, Railroad Grant Agreement PR-CA-79, Agreement 08800-
633003 (between Richmond Technology and State of California), Lease Agreement #7369-001-01
(between Richmond Technology and the State of California) and any other agreement, lease, or
contract regarding the re-establishment of rail service to Richmond Technology.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.
Recommended for Approval by:
T6-r-te'hce K . Moore
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Approved by:
Z",
Brice D. Paris
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
ACCEPTED:
WilliarA E. Cunniffg-ham, Ma r
City of Redlands
ATTEST:
A
Beatrice Sanchez
Deputy City Clerk
EXHIBIT "A"
Parcel 7369-02-01
That portion of Parcel 1 conveyed to the State of California, situate in the County of San Bernardino,
State of California, by deed recorded January 24,1980 as Instrument No. 80-020463, Official Records of
said County, bounded as follows:
On the North and South by the Northerly and Southerly lines, respectively, of said Parcel 1; on the East
by a line which is parallel with and distant Easterly 44.00 feet, measured at right angles from the
centerline of Wabash Street as shown on Record of Survey, recorded in Book 36, Pages 63 and 64 of
Records of Survey, Official Records of said County and on the West by the most Easterly line of that
parcel of land conveyed to the State of California by deed recorded January 24, 1980 as Instrument No.
80-020760, Official Records of said County.
08-SBd-38-3.0-7369 (DD007639-02-01)
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