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HomeMy WebLinkAboutContracts & Agreements_89-2003_CCv0001.pdf AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS ("Agreement"), dated May 20, 2003 ("Effective Date"), is made and entered into by and between Standard Pacific Corporation, a Delaware corporation ("SPH") and the City of Redlands, a municipal corporation ("City") (sometimes herein together referred to as the "Parties"). RECITALS A. Whereas, City owns certain real property in the City of Redlands identified as Assessor Parcel No. 168-121-13 (the"Property"), and B. Whereas, City agrees to sell the Property to SPH, subject to the terms and conditions contained herein; NOW THEREFORE, in consideration of the mutual promises contained herein,the Parties agree as follows: AGREEMENT I PURCHASE PRICE The total price for the Property to be paid by SPH to City is Five Hundred Thousand Two Hundred Seventy-Two Dollars and Fifty Cents ($500,272.50) (the "Purchase Price"). 2. TITLE TO PROPERTY City shall, at Close of Escrow, by grant deed convey to SPH good and marketable fee title to the Property as evidenced by a Standard form C.L.T.A. policy of title insurance, including a mechanic's lien endorsement, issued by Commonwealth Title Company (the "Title Company") in an amount equal to the Purchase Price of the Property showing title vested in SPH, subject to the exceptions to title approved by SPH pursuant to Section 4.1 below. The cost of the policy of title insurance shall be borne by City. In the event SPH requires an ALTA owner's policy of title insurance, the additional cost for such policy shall be paid by SPH. 3. ESCROW 3.1 Opening, The purchase and sale of the Property shall be completed through an escrow ("Escrow") to be opened at First American Title Insurance Company (the CM0\property\stndrd pacific I .'Escrow Holder"). Within five (5)days after City's execution of this Agreement, SPH shall deposit with the Escrow Holder one fully executed counterpart of this Agreement, which shall constitute the Purchase Agreement and Escrow Instructions along with any additional escrow instructions executed by the Parties pursuant to Section 3.5 of this Agreement. The date of delivery to Escrow Holder of such fully executed counterpart shall be deemed the opening of escrow("Opening of Escrow")and Escrow Holder shall notify SPH and City in writing of the Opening of Escrow date, the date set for Close of Escrow, and its acceptance of the escrow instructions. Within ten (10) days of the Opening of Escrow, SPH shall deposit the sum of Five Thousand Dollars ($5,000) with Escrow Holder (the "Initial Deposit"). The Initial Deposit shall be non-refundable and immediately released to City. Prior to the end of the Investigation Period, SPH shall make an additional deposit with Escrow Holder in the sum of Twenty Thousand ($20,000) Dollars (the "Additional Deposit"). The Additional Deposit shall be held in an interest bearing account until Close of Escrow. The Initial Deposit and the Additional Deposit, together with any interest accrued thereon shall be applicable to the Purchase Price. 3.2 Closing. Escrow shall close, if at all, no later than 180 days after the expiration of the Investigation Period. SPH shall have the right to extend the Close of Escrow for two (2) consecutive periods of ninety (90) days each by prior written notice to City and Escrow Holder. SPH shall pay the sum of Ten Thousand ($10,000) dollars per extension, which sums shall become part of the Additional Deposit and will be applicable to the Purchase Price but non-refundable to SPH. 3.3 Costs. Except as otherwise expressly provided for herein, City shall pay all the usual Escrow costs and charges normally paid by a Seller in an escrow closing in San Bernardino County, including without limitation one-half of the Escrow fee, and the costs of preparation and recordation of the grant deed and the documentary transfer tax. SPH shall pay one-half of the Escrow fee and such other costs and charges normally paid by a buyer in an escrow closing in San Bernardino County. 3.4 Prorations. Current real property taxes, bonds and assessments shall be prorated at the date of recordation of the deed, on the basis of a thirty (30) day month. 3.5 Additional..Documents. SPH and City shall execute such additional Escrow instructions as Escrow Holder may reasonably require to act as Escrow Holder, but in no event shall the Escrow instructions increase the rights of one party against the other party hereto or modify the terms and conditions of this Agreement. 3.6 Delivery Qf Documents Escrow Holder shall prepare the Grant Deed and SPH shall deliver the total Purchase Price to Escrow Holder at least one (1) business day prior to the Close of Escrow. 4. CONDITIONS OF PURCHASE SPH's obligation to purchase the Property shall be subject to the satisfaction of the CMO\property'stndrd pacific 2 following conditions, which are for SPH's benefit only. In the event any of the following contingencies are not satisfied within the specified time limits, SPH may, at its sole option, either waive such conditions or terminate this Agreement. In the event this Agreement is terminated for any of the reasons described in the subsections of this Section 4, SPH shall be entitled to an immediate refund of the Additional Deposit and any accrued interest thereon. 4.1 Approval of Title. Promptly after execution of this Agreement by City and SPH, Escrow Holder shall deliverto SPH a current preliminary title report("PTR"), including documents referred to therein, covering the Property from the Title Company. SPH shall have thirty (30) days after the date of Title Company's provision of the PTR to SPH to approve or disapprove the status of title to the Property as disclosed in the PTR and related documents. Any disapproval of status of title shall be within the reasonable discretion of SPH and shall be limited to monetary encumbrances and covenants, conditions, restrictions and easements of record which adversely affect SPH's intended use of the Property. Any exception not disapproved in writing within the thirty (30) day period shall be deemed approved by SPH, and shall constitute a permitted exception hereunder. Any objection to a title exception by SPH shall be made in writing to City, and City shall thereafter have ten (10) days within which to use reasonable efforts to cure or to provide assurance of the cure of the title defect and cause such item to be removed from the title policy to be issued at Close of Escrow. The term "reasonable efforts," as used in this Paragraph 4.1, shall not include any obligation of City to expend any money or commence any legal action to correct any exceptions within the ten (10)day period. City shall notify SPH, in writing, of any disapproved title exceptions which City is unable to cause to be removed prior to or at Close of Escrow. SPH shall, within five (5) business days thereafter, elect by giving written notice to City and Escrow Holder (i) to terminate this Agreement, or (ii) to waive its disapproval of such exceptions, in which case such exceptions shall then be deemed to be permitted exceptions. SPH's failure to give such notice shall be deemed an election to terminate this Agreement. In the event SPH elects to terminate this Agreement, the Parties shall be relieved from any further liabilities and obligations under this Agreement. 4.2 Investigations. For a period of ninety(90)days after Opening of Escrow(the "Investigation Period") and with the prior written consent of City, which consent shall not be unreasonably withheld, SPH shall have the right to physically inspect and perform tests and environmental investigations(hereinafter collectively"Investigations")on the Property as SPH deems necessary. All Investigations shall be done at SPH's sole cost and expense, and SPH shall defend and indemnify City against any claims, losses or liability resulting from SPH's entry onto the Property. Within ten (10) days of the completion of such Inspections, the Property shall be returned to its original condition. At or prior to the end of the Investigation Period, SPH shall notify City and Escrow Holder that SPH, in its sole discretion, either (1) elects to proceed with the Escrow in which case the Additional Deposit shall become non-refundable to SPH, subject to City's performance hereunder or (2)elects to cancel Escrow, in which case Escrow Holder shall return to SPH the Additional Deposit plus any interest accrued thereon, less any Escrow cancellation fees. SPH's C'MC)"property'Stridrd pacific 3 y$ failure to give such notice shall be deemed an election to terminate this Agreement. 4.3 Physical Conditions The physical condition of the Property shall not have materially deteriorated from the date of Opening of Escrow such that residential development would be hampered. 5. CITY'S REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGMENTS City hereby makes the following representations,warranties and acknowledgments and agrees that such representations, warranties and acknowledgments shall survive the Close of Escrow. 5.1 City has full right, power and authority to execute this Agreement and to convey fee simple title to the Property to SPH as provided herein. 5.2 City is not a foreign person under Section 1445 Internal Revenue Code and will execute a Certificate of Non-foreign status and deposit the same into the Escrow prior to Close of Escrow. 5.3 This Agreement has been duly approved and executed by City and constitutes the valid and binding Agreement of City enforceable against City in accordance with its terms. 5.4 Prior to the end of the Investigation Period, City shall make a reasonable effort to disclose in writing to SPH any and all issues known to City which could have a natural adverse impact on SPH's development and marketing of the Property. Notwithstanding the foregoing, City shall have no liability to SPH for its failure to comply with the requirements of this subsection 5.4. 6. SPH'S REPRESENTATIONS AND WARRANTIES SPH hereby makes the following representations,warranties and acknowledgments and agrees that such representations, warranties and acknowledgments shall survive Close of Escrow. 6.1 SPH hereby represents and warrants that the person executing this Agreement has the full authority and power to enter into this Agreement on behalf of SPH to purchase the Property from City, and to take all actions required of it by the terms of this Agreement. 6.2 All the documents executed by SPH which are to be delivered to City at Close of Escrow shall be duly authorized, executed and delivered by SPH and shall be legal, valid and binding obligations of SPH enforceable against SPH in accordance with their respective terms, and shall not violate any agreement to which SPH is a party or to which it is subject. CM0\propertyistndrd pacific 4 6.3 That (i) prior to Close of Escrow, SPH will have had the opportunity to investigate all physical, land use and economic aspects of the Property and to make all inspections and investigations of the Property which SPH deems necessary or desirable to protect its interest in acquiring the Property, including, without limitation, environmental audits and assessments, toxic reports, surveys,investigation of land use and development rights, development restrictions and conditions that are or may be imposed by governmental agencies, soils and geological reports, engineering and structural tests, insurance contracts, cost to complete studies, governmental agreements and approvals, and (ii) City, nor anyone acting for or on behalf of City, has made any representation, warranty, promise or statement, express or implied, to SPH, or to anyone acting for or on behalf of SPH, concerning the Property or the use thereof. SPH further represents and warrants that all matters concerning the Property have been or shall be independently verified by SPH prior to Close of Escrow, and that SPH shall purchase the Property on SPHs own prior investigations and examination of the Property (or SPH's election not to do so); AND THAT SPH IS PURCHASING THE PROPERTY IN AN "AS IS" PHYSICAL CONDITION AND IN AN "AS IS" STATE OF REPAIR. 7. NOTICE Unless otherwise provided herein, any notice, tender or delivery to be given hereunder by either party to the other may be effected b y personal n writing or b registered or certified mail, postage prepaid, return receipt equested,aand slivery hall be deemed communicated upon delivery or as of mailing. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this Section. SPH: CITY: August Belmont, Division President City of Redlands Standard Pacific Homes Municipal Utilities Department 255 E. Rincon Street, Suite 200 PO Box 3005 Corona, CA 92879 Redlands, CA 92373 8. GENERAL PROVISIONS 8.1 Entire Aareement This Agreement supersedes any and all prior oral or written agreements between the Parties relating to the Property and contains the entire agreement of the Parties as to the matters covered hereby. No other agreement, statement or promise made by any party or to any employee, officer or agent of any part to this Agreement shall be binding, except a subsequent amendment to this Agreement in writing, executed by the Parties. All obligations of SPH and City under this Agreement and the Escrow shall be joint and several. CMM propertv'stndrd pacific 5 i MH 8.2 Time is of the Essence. Time is of the essence of this Agreement and the Escrow referred to herein. �f 8.3 SPH's Performance. Close of Escrow and performance of any duty imposed on SPH by this Agreement is conditioned on City's full performance of all duties imposed on City in this Agreement. 8.4 City's Performance Close of Escrow and performance of any duty imposed on City by this Agreement is conditioned on SPH's full performance of all duties imposed on SPH in this Agreement. 8.5 Counterparts This Agreement may be executed in any number of counterparts each of which shall be deemed an original, but all of which, when taken together, shall constitute one and the same instrument. 8.6 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 or other relief, be entitled to recover its reasonable attorneys' fees. 8.7 Amendment. Any amendment to this Agreement shall be in writing and executed by the Parties. 8.8 Liquidated Damaes The Initial and Additional Deposits shall constitute the total liquidated damages in the event of a default of this Agreement by SPH. 8.9 Brokers' Commission. City and SPH each warrants and represents to the other that no person or entity has a claim for any brokerage commission, finder's fee or similar payment in connection with SPH's purchase of the Property, and hereby indemnify and hold the other Party harmless of and from any claim by any third party arising out of any act by the indemnifying party. (remainder of page intentionally left blank) CMOpropertylstndrd pacific, 6 0 IN WITNESS WHEREOF, the Parties hereto executed this Agreement on the dates set forth opposite their respective signatures hereto. CITY OF REDLANDS By: Karl N. (Kaley) Haws, Mayor Executed this20th day of M___aY , 2003 Y at Redlands, California ATTEST: By: eotrice anc ez, eputy ity terk STANDARD PACIFIC CORPORATION, a Delaware corporation P { By August Belmont Executed this day of 2003 Authorized Representative at Redlands, California By. i Executed this d ichael J. Whi ` ay of , 2003 Authorized Re r sentative at Redlands, California I CMOlpropertylstndrd pacific 1 EXCHANGE AGREEMENT This Real Property Exchange Agreement is entered into as of by and between Bear Valley Mutual Water Company("Bear Valle andMt ay 20 2003 ("Redlands") with reference to the following facts: y ) he City of Redlands WHEREAS Bear Valley is owner of certain property in the City of Redlands, described as San Bernardino County Assessor's Parcel Number APN 0168-121-13-0000. Thisp p ro erty is more particularly described in the Grant Deed attached hereto as Exhibit "A" and incorporated herein by this reference. The property is currently used as a groundwater recharge facrilli (hereinafter "Bear Valley Property"). S ty WHEREAS Redlands owns certain property in the City of Redlands, described as San Bernardino County Assessor's Parcel Number APN 0168-041-51-0000. Said property is operated as a groundwater recharge facility. The roe P rh' also Deed attached hereto as Exhibit "B" and incorporated he herein by this reference (herrt ri einafter the Redlands Property"). ( nth WHEREAS Redlands and Bear Valley have agreed to exchange their respective properties, which after reservation of the well site, easements, and recharge rights, have equal value. Immediately upon recordation of the Grant Deeds, Redlands will deed to Bear Valle Portion of the Bear Valley Property in favor of Bear Valley which portion contains a well site a with equipment. The well site property is described in the Grant Deed attached hereto as e "C"and incorporated herein by this reference(hereinafter"Well Site Property") Exhibit further execute a Grant of Easement across the Bear Valley Property for accspipelines ds will appurtenant structures in favor of Bear Valley. The Easement is more particularly describedin the Grant of Easement attached hereto as Exhibit"D"and incorporated herein by this reference to (hereinafter"Easement"). The parties further agree Redlands shall have the right to continue distribute recharge water to the Redlands Property in an amount as determined b y of the Cit Redlands at such time as capacity and facility are available as determined by Bear Valley. NOW THEREFORE, in consideration of the covenants and agreements herein contained the parties hereto agree as follows: 1• Redlands and Bear Valley wish to exchange the Bear Valley Property currently owned by Bear Valley and the Redlands Property Y ds by the Grant Deeds, copies of which are attached hereto as Exhibits A" anowned by dd1B" B th properties of shall be transferred on the terms set forth in this Agreement and the transfers shall occur simultaneously. 2• Redlands agrees that the Redlands Property Valley Property is free of all title defects, liens, encumbrances, deeds f trustsand morttg ages, Bear except real property taxes, which lien is not delinquent. The parties agree to waive the es, requirement for title insurance except that each party shall warrant, represent and agree to hold C\WINDpWS\Desktop\EXCHANGE AGREEMENP wN Page 1 of 4 tH the other harmless from any title defects arising prior to the date of recordation of the Grant Deeds. 3. The parties agree the value of the properties are equal and no cash payment shall be made or is necessary to equalize the difference between the Bear Valley Property and the Redlands Property after consideration of the Bear Valley Easement, Grant of Well Site Property and reservation of Redlands' right to recharge on the Redlands Property. Redlands and Bear Valley agree that this exchange transaction constitutes a "change in ownership" as defined in 18 CCR 462.500 and that the Redlands Property constitutes "Replacement Property"exchanged for the Bear Valley Property which constitutes "Replaced Property". 4. As material consideration for the exchange, Redlands shall execute the Grant Deed in the form attached hereto as Exhibit"C"conveying to Bear Valley the Well Site Property Easement. Redlands shall further execute the Grant of Easement attached hereto as Exhibit"D" in favor of Bear Valley conveying the Easement to Bear Valley. 5. Bear Valley agrees that Redlands may continue to conduct recharge activities on the Redlands Property which will be owned by Bear Valley in a manner similar to that previously conducted by Redlands. The amount of water to be recharged on the Redlands Property shall be determined by the City of Redlands when capacity in the recharge facility is available as determined by Bear Valley in its sole discretion. 6. Redlands and Bear Valley each represent that no broker, commission or finder's fee is payable with regard to their respective participation in this transaction and agree to indemnify, defend and hold one another harmless from any and all liabilities, claims, demands, damages or costs of any kind arising from or in connection with any broker or finder's fee or commission or charge claimed to be due any person arising from such participation. 7. Condition of Property. Redlands warrants and represents as to the Redlands Property and Bear Valley warrants and represents as to the Bear Valley Property the following: a. There are no actions, suits, claims, proceedings or causes of action which are pending, have been threatened against, or affecting the property or any part thereof in court, before any arbitrator which might have an adverse affect on the property. b. The property is free of hazardous substances as defined by any law or requirement pertaining to health, industrial hygiene, hazardous substances or the environment, including but not limited to the Comprehensive Environmental Response Compensation and Liability Act of 1980 including the Superfund Amendments and Preauthorization Act of 1986 (42 U.S.C. 9601 et seq.), the Resource Conservation Recovery Act of 1976 (42 U.S.C. 6901 et seq.), the Clean. Water Act (33 U.S.C. 1251 et seq), the Toxic Substance Control Act(15 U.S.C. 2601 et seq.), the California Hazardous Waste Control Law (Health and Safety Code section 25100 et seq.), and the Porter-Cologne Water Quality Control Act (Water Code section 13000 et seq). c:W'NDOWS\Desktop'EX IIANGI'AGREE ENT,wpd Page 2 of 4 I • Redlands and Bear Valley by conducting the activities on the properties S authorized by this Agreement agree to indemnify and hold each other harmless from any claims, damages, losses, legal proceedings, liabilities, costs or expenses (including reasonable attorneys' fees, court costs or any costs resulting from any environmental response or rededication or other clean up or disposal) brought by a third party or caused by the conduct of the other part to this Agreement. y 9. Redlands and Bear Valley acknowledge that their principals in this transaction have no agency relationship to each other. 10. Each party agrees to perform any further acts and execute any documents as may be reasonably requested by the other party to effect the purposes of this Agreement. Each party hereto agrees to bear its own costs of recording, documentary transfer tax, attorneys' fees or other expenses as may be incurred in this transaction. 11. This Agreement shall be governed by and construed in accordance with the Laws of the State of California. Any suit or action for the breach of enforcement of this Agreement shall be instituted solely before the Superior Court, State of California, County of San Bernardino. All terms of this Agreement shall be binding on and shall inure to the benefit of and be enforceable by the parties to this Agreement and their respective Legal representatives, successors and assigns. 12. This Agreement is the entire agreement of the parties. Any previous oral or written agreements are merged into this Agreement. Any changes, amendments, or modifications to this Agreement must be in writing and signed by all parties to this Agreement. 13. If any legal action or other proceeding(including arbitration or an action for declaratory relief) is brought to enforce this Agreement or any portion of it, resulting from or relating to a dispute, breach, default, or misrepresentation in connection with the obligation of any party to this Agreement or the deeds recorded pursuant to this Agreement, the prevailing party, as determined by a court of competent jurisdiction or an arbitration panel, shall be entitled to recover reasonable attorneys' fees and related costs in addition to any other proper relief 14. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. BEAR VALLEY MUTUAL WATER. COMPANY DATED:.._.._............... i By:,- -Is; President DATED;__._.__ --- ------ - Its Secretary — C:1W'ND0WS''Deskt0PTXCHANGE AGREENIENT.wpd Page 3 of 4 I NO CITY OF REDLANDS z h DATED: May 20, 2003 Mayor DATED: May 20, 2003 Attest: Deputy City Clerk CAWfND0WS\Desktap:EXCiANGE AC,REERRENT,Wpd Page 4 of 4 i : EXHIBIT "A" 4 1 Recording .Requested By: s City of Redlands When Recorded, Return To: City of Redlands P.O. Box 3005 35 Cajon Street Redlands, CA 92373 (This space for Recorder's use only) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged by The Bear Valley Mutual Water Company Full Name of Grantor does hereby grant to the City of Redlands,a municipal corporation,as Grantee,all of that real property situated in the City of Redlands,County of San Bernardino,California described as follows: San Bernardino County Assessors Parcel Number - APN 0168-121-13-0000. Per Legal Description attached as Exhibit "A". Assessor's Parcel No. A168-121-1 -0000 Bear Vey Mutual wa r( r,mn� Full Name of Individual,Corporation or Partnership Executed on 200_, at By: Redlands, C'all_. 'fomi„a City of State r Type Full Name By: Type Full Name EXHIBIT "A" EXHIBIT "A" All of that real property situated in the City of Redlands, County of San Bernardino, California described as follows: The West 'l2 of the West 1/20f the North East 1/4 of the North West 'la of Section 24, Township I South - Range 3 West, San Bernardino Baseline and Meridian. Except the North 374.92 feet of the East 232.38 feet and except the West 66 feet lying North of the South 66 feet thereof. That being: San Bernardino County Assessors Parcel Number -APN 0168-121-13-0000. EXHIBIT "B" Recording Requested By: Bear Valley Mutual Water Company When Recorded, Return To: Bear Valley Mutual Water Company 101 East Olive Avenue Redlands, CA 92373 (This space for Recorder's use only) GR NT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged by The City of Redlands Full Name of Grantor a municipal corporation,does hereby grant to the Bear Valley Mutual eater Company,as Grantee,all of that real property situated in the City of Redlands,County of San Bernardino,California described as follows: San Bernardino County Assessors Parcel Number - APIA 0168- 041- 51- 0000 Per .Legal Description attached as Exhibit "A". Assessor's Parcel No, 0168-041-51-0000 _ itv ofl2edland� Full Name of Individual,Corporation or Partnership Executed on 200_, at By: _—_Redlands Califomia City of State Type Full Name By: Type Full Name EXHIBIT "Bn EXHIBIT "A" All of that real property situated in the City of Redlands, County of San Bernardino, California described as follows: AT A POINT NEAR NORTH EAST 1/4 SOUTH EAST 1/4 SECTION 13, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASELINE & MERIDIAN, WEST COMMENCING NORTH EAST CORNER SOUTH EAST 1/4 SAID SECTION 13, THENCE SOUTH ALONG EAST LINE SAID SECTION 13, 945.34 FT TO TRUE POINT OF BEGINNING, THENCE SOUTH 89 DEGREES 54 MINUTES 37 SECONDS WEST ALONG SAID LINE PARALLEL R 1 PM 5442 1011 FEET TO SOUTH WEST CORNER SAID PARALLEL 1, THENCE SOUTH PARALLEL WITH WEST LINE NORTH EAST 1/4 SOUTH EAST 1/4 SAID SECTION 13374.49 FEET, THENCE NORTH 89 DEGREES 51 MINUTES 29 SECONDS EAST ALONG SOUTH LINE SAID NORTH EAST 1/4 SOUTH EAST 1/4 SAID SECTION 13, 1010.53 FEET TO SOUTH EAST CORNER SAID NORTH EAST 114 SOUTH EAST 1/4 SAID SECTION 13, THENCE NORTH ALONG EAST LINE SAID SECTION 13, 373.60 FEET TO TRUE POINT OF BEGINNING. That being: San Bernardino County Assessors Parcel Number-APN 0168-041-51-0000 EXHIBIT "C" Recording Requested By: Bear Valley Mutual Water Company When Recorded, Return To: Bear Valley Mutual Water Company 101 East Olive Avenue Redlands, CA 92373 (This space for Recorder's use only) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged by The City of Redlands Full Name of Grantor a municipal corporation,does hereby grant to the Bear Valley Mutual Water Company,as Grantee,all of that real property situated in the City of Redlands,County of San Bernardino,California described as follows: Per Legal Description attached as Exhibit "A". Assessor's Parcel No, 0168-121-13-0000 City of Redlands Full Name of Individual,Corporation or Partnership Executed on 200 , at By: Redlands, California City of State Type Full Name By: Type Full Name EXHIBIT "C" EXHIBIT "A" All of that real property situated in the City of Redlands, County of San Bernardino, California described as follows: The South 66 feet of the West 66 feet of the West % of the West '/2 of the North East '/4 of the North West 1/4 of Section 24, Township I South - Range 3 West, San Bernardino Baseline and Meridian. That being a portion of: San Bernardino County Assessors Parcel Number - APN 0168-121-13-0000. EXHIBIT "13" Recording Requested By: Bear Valley Mutual Water Company When Recorded, Return To: Bear Valley Mutual Water Company 101 East Olive Avenue Redlands, CA 92373 (This space for Recorder's use only) GRANT OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged by The City of Redlands Full Name of Grantor a municipal corporation,does hereby grant to the Bear Valley Mutual Water Company,as Grantee,all of that real property situated in the City of Redlands,County of San Bernardino,California described as follows: The permanent casement and right-of-way at any time,or from time to time, to construct,maintain, operate, replace and renew the Bear Valley Mutual Water Company pipeline and appurtenant structures in, upon, and across said easement or any part thereof, and ingress and egress over the following described real property in the City of Redlands, County of San Bernardino, State of California, described as follows: Per Legal Description attached as Exhibit "A". Assessor's Parcel No. 0168-121-13-0000 City of Redlands Full Name of Individual,Corporation or Partnership Executed on 200 , at By: Redlands, California City of State Type Full Name By: Type Full Name EXHIBIT "D" EXHIBIT "A" The permanent easement and right-of-way at any time,or from time to time, to construct,maintain, operate, replace and renew the Bear Valley Mutual Water Company pipeline and appurtenant structures in, upon, and across said easement or any part thereof, and ingress and egress over the following described real property in the City of Redlands, County of San Bernardino, State of California, described as follows:: The West 1/2 of the West '/2 of the North East % of the North West 1/4 of Section 24, Township I South - Range 3West, San Bernardino Baseline and Meridian. Except the North 374.92 feet of the East 232.38 feet and except the West 66 feet lying North of the South 66 feet thereof. That being: San Bernardino County Assessors Parcel Number -APN 0168-121-13-0000