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Home My WebLink AboutContracts & Agreements_102-1997_CCv0001.pdf AGREEMENT FOR PURCHASE AND SALE This Agreement for purchase and sale of real property and appurtenant personalty ("Agreement") is made this day of November, 1997. ("Effective Date")by and between Robert B. Break; Vendla Miller for the Leta Break Carrol Trust; and Dorothy Luella Break and Richard Kempton Break,Succ.Co-Trustees,or their named successors,UTD 1/12/91 FBO the Break Family (Ilqq A. Trust B or Trust C). (collectively "Seller") and the City of Redlands ("Buyer") together sometimes herein referred to as the ("Parties"). RECITALS A. Whereas, Seller owns a well site and appurtenant equipment and certain real property commonly known as Assessor's Parcel Number 293-031-310 which is located in the Bryn Mawr area of San Bernardino County, California (together the "Property") and which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and B. Whereas, Seller agrees to sell to Buyer and Buyer agrees to buy from Seller its interest in the Property subject to the terms and conditions contained herein; Now,therefore, in consideration of the mutual promises contained herein, the Parties hereto agree as follows: AGREEMENT 1. Purchase Price. The purchase price for the Property is Twenty-seven Thousand Dollars ($27,000.00) which shall be paid by Buyer to Seller concurrent with Seller's execution of this Agreement. 2. Title to Property. Seller shall, by grant deed, convey to Buyer good and marketable fee title to the Property. The grant deed shall be in the form attached hereto as Exhibit "A." 3. Seller's Representations, Warranties and Acknowledgements. Seller hereby makes the following representations, warranties and acknowledgements: A. Seller has full right, power and authority to execute this Agreement and to convey fee simple title to the Property to Buyer as provided herein; B. Seller is not a foreign person under Section 1445 Internal Revenue Code, and Seller shall execute a certificate of non-foreign status and deposit the same with Buyer concurrent with Seller's execution of this Agreement; C. Except as otherwise disclosed in this Agreement, Seller has no actual knowledge of any violations or alleged violations of any federal, state, county or other governmental or quasi- DJM3163LE I governmental law, statute, ordinance, regulation or administrative or judicial order with respect to the Property; and D. This Agreement has been duly executed by Seller and constitutes a valid and binding Agreement of Seller enforceable against Seller in accordance with its terms. 4_ Buyer's Representations and Warranties. Buyer hereby represents and warrants that the person executing this Agreement has the full authority and power to enter into this Agreement on behalf of Buyer to purchase the Property from Seller, and to take all actions required of Buyer by the terms of this Agreement. 5. Entire Agreement. This Agreement supersedes any prior oral or written agreements and contains the entire agreement of the Parties as to the matters contained herein. No amendment of this Agreement and no other agreement,statement or promise made by any party or to any employee, officer or agent of any party to this Agreement shall be binding upon the Parties. All obligations of Buyer and Seller under this Agreement shall be joint and several. 6. Captions and Construction. The captions appearing at the commencement of the paragraphs hereof are descriptive only and for convenience and reference. Should there be any conflict between any such caption and the paragraph at the head of which it appears, the paragraph shall control and govern in the construction of this Agreement. This Agreement shall be construed as a whole and in accordance with its fair meaning. Organization is for convenience and shall not be used in construing meaning. 7. Successors and Assigns. Each covenant and condition contained in this Agreement shall inure to the benefit of and be binding on the Parties and their respective heirs, personal representatives, assigns and other successors-in-interest. 8. Attorney's Fees. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorney's fees. 9. Brokers and Finders Buyer and Seller warrant that the execution of this Agreement was not induced or procured through any person,firm or corporation acting as a broker or finder. Seller shall be responsible for C any broker's commission due and owing from the sale of the Property to Buyer. Seller shall defend, indemnify and hold Buyer harmless from and against any damage, liability or cost,including without limitation, reasonable attorney's fees, arising from or in connection with any claim by any other person, firm or corporation based upon its having acted as broker or finder for or in connection with this transaction on behalf of Seller. Df.M3163LE IN WITNESS WHEREOF,the Parties hereto executed this Agreement on the date set forth opposite their respective signatures hereto. SELLERS Robert B. Break, Vendla Miller for the Leta Break Carrol Trust; and Dorothy Luella Break & Richard Kempton Break,Succ.Co-Trustees,or their named successors,UTD 1/12/91 FBO the Break Family (_Trust A. Trust B or Trust Q. By: Date: dobed�BBreA — � By: Dater Vendla Miller for eta Break Carrol Trust By e Date: Dorothy�Lue'�a��reak By: Date: Richard Kempton Break BUYER City of lands Date: November 4, 1997 Mayor, City of kedlands ATTEST: L P(Jyz iT Jerk 3 DfM3163LE EXHIBIT "A" PARCEL ALL OF THAT PORTION OF LOT 4, BLOCK 8, MAYBERRY AND WHITTIER SUBDIVISION,AS PER PLAT RECORDED IN BOOK 12 OF MAPS,PAGE 19,RECORDS OF SAID COUNTY,AND A PORTION OF LOT 27, BRYN MAA'R ADDITION TRACT NO. 2137, AS PER PLAT RECORDED IN BOOK 31 OF MAPS,PAGE 16,RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 27 OF TRACT NO. 2137, THENCE NORTH 810 43' WEST, 20 FEET; THENCE NORTH 00 43' WEST, 140 FEET TO A POINT IN THE NORTH LINE OF SAID LOT 27, TRACT NO. 2137- THENCE NORTH 0' 43' WEST, 175 FEET MORE OR LESS, TO A POINT IN THE SOUTHWESTERLY LINE OF THE SAN TIMOTEO CREEK RIGHT OF WAY; THENCE SOUTHEASTERLY ALONG SAN TIMOTEO CREEK RIGHT OF WAY TO ITS INTERSECTION WITH THE NORTH LINE OF SAID TRACT NO. 2137; THENCE NORTH 810 45' WEST ALONG THE NORTH LINE OF SAID TRACT NO. 2137 TO THE NORTHEAST CORNER OF SAID LOT 27 OF TRACT 2137-, THENCE SOUTH 00 43'EAST, 140 FEET ALONG THE EAST LINE OF SAID LOT 27, TRACT NO. 2137 TO THE POINT OF BEGINNING. PARCEL NO. 2: AN EASEMENT FOR A WATER LINE AND INCIDENTAL PURPOSES OVER A STRIP OF LAND I-) FEET W-IDE, OVER LOTS 2B AND 3 IN BLOCK 8 OF MAYBERRY AND WHITTIER SUBDIVISION IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN BY MAP ON FILE IN BOOK 12, PAGE 19 OF MAPS,RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, AND LOTS 22 TO 27, INCLUSIVE, OF TRACT NO. 2137, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 16 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, THE SOUTHERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 27, SAID POINT BEING DISTANT NORTH 81 0 tO' 07" WEST,20.00 FEET ALONG SAID SOUTHERLY LINE FROM THE SOUTHEAST CORNER OF SAID LOT 27, SAID SOUTHERLY LINE ALSO BEING THE NORTHERLY LINE OF FIRST STREET,40.00 FEET NN'IDE AS SHOWN ON SAID MAP; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF FIRST STREET NORTH 81' 10' 107" WEST, 1368.11 FEET, THE EASTERLY AND WESTERLY SIDES OF SAID STRIP OF LAND SHALL BE PARALLEL WITH THE EASTERLY LINE OF SAID LOT 27. 4 DJM3163LE CERTIFICATE OF NON-FOREIGN STATUS In compliance with Section 1445 of the Internal Revenue Code of the United States of America, the undersigned certify that they are citizens of the United States of-America, that they are acting on behalf of themselves, and not on behalf of any foreign person, corporation, company or entity. The undersign acknowledge that the proceeds from this sale of property may be taxable income under the internal Revenue Code of the United states of America and agree to assume any and all income or other tax liability that may be associated with the proceeds of this sale. IN WITNESS WHEREOF, the parties hereto executed this certification on the date set forth opposite their respective signatures hereto. SELLERS Robert B. Break, Vendla Miller for the Leta Break Carrol Trust; and Dorothy Luella Break & Richard Kempton Break,Succ.Co-Trustees,or their named successors,UTD 1/12/91 FBO the Break Family (Trust A,Trust B, or Trust C). Bv: Date: Robert B. Break 11 ByDate: : Vendla Miller for'Leta Break Carrol Trust lip &t_- c_e�l U, By: Date: Dorothy Luella Break Date: By: 'chard Kempton Bre