HomeMy WebLinkAboutContracts & Agreements_13-2021ASSIGNMENT, NOVATION, AND CONSENT AGREEMENT
This assignment, novation, and consent agreement ("Novation Agreement") is made as of
the date which the last party signs this Novation Agreement ("Effective Date"), by and between
the city of Redlands, a municipal corporation and general law city duly organized and existing
under the laws of California ("City"), the University of Redlands, an Internal Revenue Code
section 50] (c)(3) nonprofit corporation organized and existing under the laws of the state of
California ("University"), and the San Bernardino County Transportation Authority, the regional
transportation planning agency for San Bernardino County ("SBCTA") City, University, and
SBCTA are sometimes individually referred to herein as a "Party" and, collectively, as the
"Parties "
RECITALS
WHEREAS, City and the San Bernardino Associated Governments, the predecessor of
SBCTA, entered into that certain agreement dated October 1, 1996, titled "Cooperative
Agreement," a true and correct copy of which is attached hereto as Exhibit "A," and incorporated
herein by this reference, and
WHEREAS, in relevant part, the Cooperative Agreement obligates City to provide one
hundred parking spaces within one-quarter mile of SBCTA's proposed passenger rail terminal (the
"University Station"), as set forth in Section 5.07 of the Cooperative Agreement (the "Parking
Space Requirement"), and
WHEREAS, City and University subsequently entered into that certain agreement dated
March 30, 2020, and titled "Purchase and Sale Agreement" ("PSA"), a true and correct copy of
which is attached hereto as Exhibit "B," and incorporated herein by this reference, and
WHEREAS, the PSA provides that City shall sell, and University shall purchase, that
certain real property located in the city of Redlands and identified as San Bernardino County
Assessor Parcel No. 0170-191-39-0000 (the "Basin Property") for the purchase price of seven
hundred fifty thousand dollars ($750,000) ("Purchase Price"), and
WHEREAS, Section 2 2 of the PSA provides that in lieu of payment of the Purchase Price
by University to City, University may satisfy its obligations under the PSA by entenng into a
written agreement with City and SBCTA to assume certain obligations of City set forth in Section
5.07 of the Cooperative Agreement, and
WHEREAS, University desires to assume the Parking Space Requirement, in full, on the
terms and conditions set forth herein and has also requested City transfer to University the Parking
Space Requirement as set forth in Section 5 07 of the Cooperative Agreement; and
WHEREAS, University represents to City and SBCTA that it is able to fully perform City's
Parking Space Requirement, as that obligation exists in section 5 07 of the Cooperative
Agreement; and
WHEREAS, SBCTA desires to consent to City's transfer of the Parking Space
Requirement to University based on University's representations stated herein, and releases City
L.Ica.,dimlAgreements1SBCTA Assignment Novation and Consent Agreement FY20.0078 docx
from its Parking Space Requirement, as descnbed in Section 5 07 of it the Cooperative Agreement,
pursuant to the terms and conditions set forth below,
NOW, THEREFORE, in consideration of the promises and the mutual covenants contained
in this Novation Agreement, and for other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, City, University, and SBCTA agree as follows
AGREEMENT
Section 1. Incorporation of Recitals. The foregoing Recitals are true and correct and
hereby incorporated into this Novation Agreement
Section 2 Assignment and Novation Agreement of Parking Space Requirement.
A Assignment and Novation Agreement. City hereby assigns, transfers, and conveys
to University all of City's duties and obligations with respect to the Parking Space Requirement
set forth in the Cooperative Agreement. University consents to the assignment, and a novation, of
City's obligation to SBCTA to provide one hundred (100) parking spaces within one-quarter mile
of SBCTA's proposed passenger rail terminal as set forth in Section 5 07 of the Cooperative
Agreement.
B Acceptance University hereby accepts the assignment and novation set forth in
this Section 2, and shall perform all of City's duties and obligations set forth the Cooperative
Agreement specifically relating to the Parking Space Requirement
C Satisfaction of PSA City affirms and agrees that, in lieu of University's payment
of the Purchase Price to City, this Novation Agreement satisfies all of University's remaining
obligations to City with regard to the PSA and acquisition of the Basin Property University
confirms the transfer of the Parking Space Requirement to University, and waives any claims and
rights against City that it now has or may have in the future, in connection with the Cooperative
Agreement University agrees to be bound by and to perform the Parking Space Requirement in
accordance with the conditions contained within the Cooperative Agreement. University also
assumes all obligations and liabilities of, and all claims against, City under the Cooperative
Agreement as if University was the original party to the Cooperative Agreement University
ratifies all previous actions taken by City with respect to the Parking Space Requirement, with the
sante force and effect as if the action has been taken by University Except as expressly provided
in this Novation Agreement, nothing in this Novation Agreement shall be construed as a waiver
of any rights of SBCTA against University.
D. Right to Enforce/No Third Party Beneficranes, Subject to the terms of the
Cooperative Agreement, this Novation Agreement shall be binding upon, and inure to the benefit
of, the Parties, and their respective successors and assigns. Nothing in this Novation Agreement,
whether express or implied, shall be construed to give any person or entity (other than the Parties
and their respective successors and assigns) any legal or equitable right, remedy or claim under or
in respect of this Novation Agreement or any covenants, conditions, or provisions contained
herein.
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E University as City's successor in interest to the Parking Space Requirement. By
this Novation Agreement, University shall be liable for all responsibilities, and entitled to all rights
and interests of City, with respect to the Parking Space Requirement set forth in the Cooperative
Agreement, and SBCTA shall treat University as if University was the onginal party to the
Cooperative Agreement for purposes of such requirement. The Cooperative Agreement shall
remain in full force and effect, except as modified by this Novation Agreement Each Party has
executed this Novation Agreement as of its Effective Date.
F. Design and Engineenng for Parking Space Requirement University, in
coordination with SBCTA, shall be solely responsible for the preparation and cost, at University's
sole expense, of all design and engineering plans associated with its satisfaction of the Parking
Space Requirement which shall meet the design requirements published by the Southern California
Regional Rail AuthorityiMetrolink ("SCRRA"), any applicable federal and state laws, and the
requirements of SBCTA
G Maintenance and Secunty. In accordance with section 5.07 of the Cooperative
Agreement, City shall be solely responsible for providing, or ensuring the provision of,
maintenance and secunty for any parking spaces, up to and including the number of one hundred
(100) spaces, provided by University m satisfaction of the Parking Space Requirement. In no
event shall University have any financial obligation with regard to maintenance or security of the
aforementioned parking spaces City's maintenance and security responsibility described in this
Subsection 2G shall survive any termination of this Agreement.
Section 3 Consent of S$CTA. City and University acknowledge that the written
consent of SBCTA to this Novation Agreement is required pursuant to Section 11.01 of the
Cooperative Agreement SBCTA hereby consents to the transfer descnbed in this Novation
Agreement, wherein University confirms it is able to fully perform such Parking Space
Requirement as set forth within Section 5 07 of the Cooperative Agreement City, in addition to
all other remedies shall have the right to specifically enforce this Novation Agreement.
Section 4 General Provisions.
A Goveming Law. This Novation Agreement shall be governed by the laws of the
State of California, without regard to its conflict of laws principles
B Headings. Ail section headings and captions contained in this Novation Agreement
are for reference only, and shall not be considered in construing this Novation Agreement
C Notices. All notices, consents, directions, approvals, instructions, requests, and
other communications regarding this Novation Agreement shall be in writing, shall be addressed
to the person and address set forth below, and shall be (i) deposited in the U 5 mail, first class,
certified with return receipt requested and with appropriate postage, (ii) hand delivered or (ui) sent
via email with a return receipt. From time to time each of the Parties may designate a new address
for purposes of this Section by providing notice to the other signatories to this Novation Agreement
as provided in this Subsection 4C
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To University. Facilities Management
University of Redlands
1200 East Colton Avenue
P.O. Box 3080
Redlands, CA 92373
Attn. Director of Facilities Management
Telephone 909-748-8020
E-mail facilities®a redlands edu
With a copy to.
To City
With a copy to.
To SBCTA:
With a copy to
General Counsel
University of Redlands
1200 East Colton Avenue
P.O. Box 3080
Redlands, CA 92373
Attn. General Counsel
Telephone. 909-748-8076
E-mail- Brent_Geraty@redlands.edu
City Clerk
City of Redlands
35 Cajon Street, Suite 4
Redlands, CA 92373
Telephone. (909) 798-7531
E-mail. jdonaldson@cityofredlands org
City Attorney
City of Redlands
35 Cajon Street, Suite 200
Redlands, CA 92373
Telephone (909) 798-7595
E-mail. dmchugh@cityofredlands org
Director of Transit & Rail Programs
San Bernardino County Transportation Authority
1170 W. Third Street, 2nd Floor
San Bernardino, CA 92410
General Counsel
San Bernardino County Transportation Authonty
1170 W Third Street, 2nd FIoor
San Bernardino, CA 92410
All notices shall be deemed to have been given three (3) business days following deposit in the
United States Postal Service (postage prepaid) or, upon receipt, if sent by overnight delivery
service, courier, electronic mail (so long as receipt is acknowledged or otherwise confirmed), or
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personally delivered. Notice to a Party shall not be effective unless and until each required copy
of such notice is given to said Party as provided above in this Subsection 4C The inability to
deliver a notice because of a changed address of which no notice was given or an inoperative
facsimile number for which no notice was given of a substitute number, or any rejection or other
refusal to accept any notice, shall be deemed to be the receipt of the notice as of the date of such
inability to deliver or rejection or refusal to accept Any notice to be given by any Party may be
given by legal counsel for such Party. Telephone numbers are provided herein for convenience
only, and shall not alter the manner of giving notice set forth in this Subsection 4C
D. Counterparts, This Novation Agreement may be executed by the Parties in as many
separate counterparts as may be deemed necessary and convenient, each of which, when so
executed, including, without limitation, by PDF scanned counterparts of any initialed or executed
pages delivered via electronic mail, shall be deemed an original, but all such counterparts shall
constitute one and the same instrument
E Governing Law, Jurisdiction. This Novation Agreement shall be governed by and
construed under the laws of the State of California without regard to conflicts -of -laws principles
that would require the application of any other law Each Party hereby consents to the exclusive
junsdiction of any court of competent junsdiction in the county of San Bernardino in any action
related to or arising under this Novation Agreement
F
Modification; Waiver. No supplement, modification, waiver, or termination of this
Novation Agreement shall be binding unless executed in writing by the Party to be bound thereby.
No waiver of any provision of this Novation Agreement shall be deemed or shall constitute a
waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a
continuing waiver unless otherwise expressly provided
G. Time of Essence. Time shall be of the essence with respect to all matters
contemplated by this Novation Agreement
H Construction. As used in this Novation Agreement, the masculine, feminine, and
neuter gender and the singular or plural shall each be construed to include the other whenever the
context so requires. This Novation Agreement shall be construed as a whole, and in accordance
with its fair meaning, without regard to any presumption or rule of construction causing this
Novation Agreement or any part of it to be construed against the Party causing the Novation
Agreement to be written. The Parties acknowledge that each has had a full and fair opportunity to
review the Novation Agreement and to have it reviewed by counsel.
l Entire Agreement. This Novation Agreement sets forth the entire agreement among
the Parties with respect to the subject matter hereof, and supersedes all other oral or written
representations and agreements among the Parties relating to this Novation Agreement
J Further Assurances. From and after the date of this Novation Agreement, City and
University agree to do such things, perform such acts, and make, execute, acknowledge, and
deliver such documents as may be reasonably necessary, or proper and usual, to complete the
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L'\ca',djmlAgreements'.SBCTA Assignment Novation and Consent Agreemeni,FY20.0678.docx
transfer to University of the Parking Space Requirement as contemplated by this Novation
Agreement
K. Severability Should the application of any word, phrase, clause, sentence,
paragraph and/or provision of this Novation Agreement to any particular facts or circumstances be
found by a court of competent jurisdiction to be invalid or unenforceable, then (i) the validity of
other words, phrases, clauses, sentences, paragraphs and/or provisions of this Novation Agreement
shall not be affected or impaired thereby and (ii) such words, phrases, clauses, sentences,
paragraphs and/or provisions shall be enforced to the maximum extent possible so as to effect the
intent of the Parties
L Attorneys' Fees. In the event that any Party brings an action or proceeding against
any other Party to enforce or interpret any of the covenants, conditions, agreements, or provisions
of this Novation Agreement, the prevailing Party in such action or proceeding shall be awarded all
costs and expenses of such action or proceeding, including, without limitation, attorneys' fees
(including fees for a Party's use of in-house counsel), charges, disbursements, and the fees and
costs of expert witnesses If any Party secures a judgment in any such action or proceeding, then
any costs and expenses (including, but not limited to, attorneys' fees and costs) incurred by the
prevailing Party in enforcing such judgment, or any costs and expenses (including, but not limited
to, attorneys' fees and costs) incurred by the prevailing Party in any appeal from such judgment in
connection with such appeal shall be recoverable separately from and in addition to any other
amount included in such judgment. The preceding sentence is intended to be severable from the
other provisions of this Novation Agreement, and shall survive and not be merged into any such
judgment. This Subsection 5L shall survive any termination of this Novation Agreement
M Temtjnation. This Novation Agreement may be terminated only upon the wntten
agreement of all Parties
[Signature page follows]
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IN WITNESS WHEREOF, the Parties acknowledge that they have read this Novation
Agreement, understand it, and agree to be bound by its terms Each Party represents it has the full
power and authority to enter into and perform this Novation Agreement, and the persons signing
this Novation Agreement on behalf of each of them have been properly empowered and authorized
to enter into this Novation Agreement. The Parties have each duly executed this Novation
Agreement as of the Effective Date first referenced above
ATTEST.
e Donaldson, City Clerk
Approved as to Form:
CITY.
CITY
O P
)111111115
By. sjI F
DS, a municipal corporation
Paul T Banch, Mayor
UNIVERSITY
UNIVERSITY OF REDLANDS, a California non-
profit corporation
Ry.
Raipl+I W Kuncl, PhD, MD,
President
Michel! L ' .gers,l,
Vice Presi ' erit, Administration
SBCTA.
SAN BERNARD IN S CO ' TY
TRANSPORATION AUT ORITY
varro, . to
Board President
Cattiliftk-4.9(._ JAI/2 all
nna K Tillquist, General ounsel
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EXHIBIT "A"
COOPERATIVE AGREEMENT
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L::caidimlAgreements SBCTA Assignment NdvatLon and Consent Agreement FY20 0078.docx
COOPERATIVE AGREEMENT
This agreement (hereinafter "Agreement") is made and entered into this 1st day of October,
1996 ( the "Effective Date") by and between the San Bernardino Associated Governments
("SANBAG") and the City of Redlands. a municipal corporation ("City"), together which are
sometimes referred to herein as the "Parties." SANBAG and City hereby agree on the following
terms and conditions.
DEFINITLQNS
1 01 pefinttious. As used in this Agreement. the following terms, phrases, words and
their derivations shall have the meanings set forth herein Words used in the present tense shall
include the future tense, words used in the singular shall include the plural, and plural words shall
include the singular tense. Words not specifically defined in this Agreement shall be given their
common and ordinary meanings
a "Non-operating Property" shall mean the real property consisting of parking lots and
other parking facilities as may be necessary for the operation of the Passenger Rail Station.
b "Operating Hours" shall mean that time period commencing one (1) hour prior to the
arrival of the first morning train at the Passenger Rail Terminal, and ending one (1) hour after the
departure of the last evening train from the Passenger Rail Terminal.
c "Operating Property" shall mean that real property comprising the Station Site and
the railroad trackage nght-of-way acquired by SANBAG
d. "Passenger Rail Station" shall mean the Passenger Rail Terminal and all Operating
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(huhtieF1 1.996
and Non-operating properties associated therewith
e "Passenger Rail Terminal" shall mean the platform and other improvements
constructed on the Station Site for the Passenger Rail Station
f. "Station Site" shall mean the real property upon which the Passenger Rail Terminal
shall be built
g "Road" shall mean City's Eureka Street Widening Project as described in Exhibit "A "
Ii
PURPOSE OF COOPERATIVE AGREEMENT
2 01 Design and Construction of Passenger Rail Station. The purpose of this Agreement
is to facilitate the design and construction, maintenance and security for a Passenger Rail Station and
construction of the Road
ItT
OWNERSHIP OF STATION SITE
3.01 Vesting of Title, Title to the Passenger Rail Terminal and Station Site shall be and
remain vested to SANBAG City and/or third parties under contract with City shall hold title to all
Non-operating Property. City shall hold title to the Road
VI
TERM OF AGREEMENT
4 01 Term. The term of this Agreement shall commence an the Effective Date of this
❑1M724(a)PW
October I 1996
2
Agreement, and shall continue until terminated as provided for in Article XI of this Agreement.
V
,RESPONSIBILITIES QF CITY
5 01 Planning. Zoning and Permits. City shall use its best efforts to obtain all planning,
zoning and permits to secure appropnate land -use designations and approvals for the Passenger Rail
Terminal and Station Site.
5 02 Reservation of Passenger Rail Parking. City shall perform appropriate planning,
zoning and permit activities to ensure that parking for the Passenger Rail Station is reserved
exclusively for rail commuters during Operating Hours.
5 03 Parking Fees. City may, subject to the approval of SANBAG which shall not be
unreasonably withheld, charge parking fees to
a Defray the costs of permits and approvals;
b. Maintain the Passenger Rail Station and Non-operating Property, and
c Provide security for Passenger Rail Station patrons during Operating Hours
All such fees collected by City shall remain the sole property of City subject only to the limitations
set forth above
5.04 Maintenance of Station Site. City shall provide for all maintenance of the Passenger
Rail Terminal and Station Site. SANBAU shall pay all of City's costs for such maintenance and
shall provide utility services (ie gas, water and electricity) for the Passenger Rail Terminal and
Station Site for the initial two (2) year period following the commencement of passenger rail service
from the Station Site Upon the termination of the two-year period following commencement of
DIM 2a(a]PW
October 1.1996
3
416
service, City shall assume full responsibility for the cost of maintaining the Passenger Rail Terminal
and Station Site and shall provide utility services (ie. gas, water and electricity) to the Passenger Rail
Terminal and Station Site City's maintenance obligations under this Agreement shall not, however,
extend to track maintenance "Level of effort" and other standards to determine minimum
maintenance requirements shall be developed jointly between the Parties In the event City is unable
to meet such mutually agreed "level of effort" standards, either party may terminate this Agreement
in accordance with Article XI
5 05 Security City shall provide and SANBAG shall pay all costs for security of the
Passenger Rail Terminal and Station Site for the initial two (2) year penod following the
commencement of passenger rail service from the Station Site. Following the termination of the
initial two-year period following commencement of service, City shall assume full responsibility for
the funding of security at the Passenger Rail Terminal and Station Site. "Level of effort" and other
standards to determine minimum security requirements shall be developed jointly between the
Parties In the event City is unable to meet such mutually agreed "level of effort" standards, either
party may terminate this Agreement in accordance with Article XI
5 06 Road Widening, City shall be responsible for the acquisition of all real property,
and shall perform engineering and design work, and conduct all necessary environmental reviews
and remediation (if necessary), to widen the Road in accordance with City's approved plans and
specifications for its "Eureka Street Widening" project, provided, however, that in the event eminent
domain proceedings are necessary to acquire all or a portion of the property necessary for the project,
City's failure to adopt any resolution of necessity will not result in a breach of this Agreement
5 07 Praviston of Parking Spaces, City shall make available for use, by persons using the
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October 1 1116
4
Passenger Rail Station, three Hundred (300) parking spaces, two hundred (200) of which shall be
located within one-quarter mile of the Passenger Rail Terminal and one hundred (100) of which shall
be located within one-quarter mile of a future passenger rail terminal to serve the University of
Redlands area City shall be responsible for providing, or for ensuring the provision of, maintenance
and security for the parking spaces.
5 08 Construction of Passenger Rail Station. City shall cause the construction of the
Passenger Rail Station and any associated parking lot and City shall perform the construction and
engineering oversight during the construction of the Passenger Rail Station and any parking lot
pursuant to the plans and specifications approved pursuant to Section 6 02, below. City shall
contribute the sum of five hundred thousand dollars ($500,000) toward funding of the construction
of the Passenger Raft Terminal upon commencement of such construction
VI
RESPONSIBILITIES OF SAMA
6 01 Payment of Maintenance and Security Costs, SANBAG shall pay for all security
costs and maintenance costs incurred by City pursuant to paragraphs 5 04 and 5 05, above. for the
Passenger Rail Terminal and Station Site for two (2) years following commencement of passenger
rail service from the Station Site After the expiration of the two year period, City shall pay for all
security and maintenance costs for the Passenger Rail Terminal and Station Site "Level of effort"
and other standards to determine minimum security and maintenance shall be developed jointly by
the Parties
131M724(4PW
Oclobe! I. 1946
5
6 02 Design and Engineering for Station Site. SANBAG shall fund the design and
engineering of the Passenger Rail Terminal and Station Site and the Parties shall cause complete
plans and specifications complying with all applicable federal and state laws to be prepare for the
same However, no such plans or specifications shall be executed or accepted until approved by the
Parties.
6.03 Funding, SANBAG shall be responsible for funding of the construction of the
Passenger Rail Terminal with the financial contribution from City made pursuant to Section 5 08,
above.
6.04 Contribution of Funds. SANBAG shall pay to City the sum of one mullion dollars
($ l ,000,000) to be used by City to defray the costs incurred by City in carrying out its "Eureka Street
Widening" project Payment of such funds shall be made to City as follows: (1) five hundred
thousand dollars ($500,000) on January 2, 1997, and (2) five hundred thousand dollars ($500,000)
on March 3, 1997 Payment to City is contingent on City's commencement of construction for its
"Eureka Street Widening" project
6 05 AssignmenLto the SCRRA. The Parties acknowledge and agree that at some future
date, SANBAG may assign its nghts, interests and obligations under this Agreement to the SCRRA
VII.
FISCAL. YEAR
7 01 fiscal Year. The fiscal year of this Agreement shall commence on the first day of
July each year.
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Oceaber 1 1996
6
VIII
ACCOUNTING
8 01 Accounting. City shall submit monthly billing statements and invoices to SANBAG
with regard to the activities undertaken or conducted by City pursuant to this Agreement, and City
shall be paid by SANBAG within thirty (30) days from the date of invoice City shall make its
accounting books and records available to SANBAG dunng City's business hours, during the term
of this Agreement, upon reasonable pnor written notice from SANBAG
IX
NO FICES
9 01 Notices to Parties. Any and ail notices or communications required or permitted by
this Agreement or by law to be delivered to, served on, or given to either party by the other shall be
in writing and shall he deemed properly delivered, served or given to the party directed to, in lieu
of personal service, when deposited in the United States mail, first-class postage prepaid, and
addressed:
SANBAG CITY
San Bernardino Associated Governments City of Redlands
475 North Arrowhead Avenue 35 Cajon Street
San Bernardino, CA 92401 Redlands, CA 92373
Either party may change its mailing address for the purposes of this Agreement by giving written
notice of the same in accordance with the provisions of this paragraph.
X.
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October 1946
T
MISCELLANEOUS
10.01 Consent and Agreements, Any and all consents and agreements provided for or
permitted by this Agreement shall be in writing, and a signed copy thereof shall be filed and kept
with this Agreement.
10 02 Entire Agreement. This instrument contains the entire agreement of the Parties as
to the matters described herein and correctly sets forth the rights, duties and obligations ofeach party
to the other as of the date of this Agreement Any and all pnor agreements, policies, negotiations
and/or representations of the Parties as to the matters described herein are expressly set forth and
incorporated in this Agreement.
10 03 Amendments. This Agreement shall be amended only by wntten instrument,
executed by the Parties
10 04 Severability, In the event any one or more provisions contained in flus Agreement
shall for any reason be held invalid or illegal, or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions hereof; and this Agreement shall
be construed as if such invalid, illegal or unenforceable provisions had never been contained herein
10.05 Headings and Subtitles, Heading and subtitles of this Agreement have been used for
convenience only and do not constitute matter to be considered in interpreting this Agreement.
10.06 Attorneys` 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 recover its reasonable attorneys' ties. "Prevailing party" shall be the party who
obtains substantially all the relief sought by it, regardless of whether final court judgment is entered
10.07 Indemnity. The Parties shall each defend, indemnify and hold harmless the other
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Lktobe►1 1996
8
party, and its elected officials, officers, employees, volunteers and authorized agents from and
against any and all claims, losses, damages and causes of action (including personal injury and
death) arising from or resulting in connection with the party's negligent or wrongful acts, errors or
omissions in carrying out the party's duties or obligations under this Agreement and from any and
all expenses incurred by the other party on account of any claim therefor.
10 08 Jurisdiction and Venue. In the event of any litigation arising out of the terms or
conditions of this Agreement, the venue of any such litigation shall be the Superior Court of the State
of California.
XI,
TERMINAT QN OF AGREEMENT
11.01 Acts Constituting Termination. This Agreement shall commence on the date of its
execution and shall continue until
a. Voluntary or involuntary transfer or assignment by either party without the consent
of the other party of any of the rights, duties or obligations set forth in this Agreement;
b. Mutual agreement of the Parties to terminate this Agreement;
c Any default or breach of this Agreement by either party which has not been cured
within thirty (30) days after notice of such default of breach by the other party or such later tune as
mutually agreed upon by the Parties as reasonable if the default or breach cannot be cured within
such thirty (30) days penod, or
d Written notice is delivered by either party to the other party ninety (90) days prior to
the effective date of termination
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October I. 1996
9
xil
LICENSE
12 01 SANBAG hereby grams to City a License to enter upon the Station Site and
perform, through its employees and/or its agents and contractors, City's construction of the Passenger
Rail Terminal, and City's maintenance and security obligations for the Passenger Rail Terminal
XIII
ACCEPTANCE
13 0 i Acceptance of Agreement, The undersigned, having read the foregoing, accept and
agree to the terms and conditions set forth therein
DATED:
DA FED, January 28 . 1997
IlJM724.3)Pw
October I 1996
SANBAG
B - CI"
difir
es'sdent
CITY OF REDLANDS
ATTES r.
By
C' Clerk
10
EXHIBIT "B"
PURCHASE AND SALE AGREEMENT
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L •oa dimlAgreements.SBCTA Assignment Novation and Consent Agreen ent.FY20 0078.doot
PURCHASE AND SALE AGREEMENT
DATED
MARCH 3, 2020
BY AND BETWEEN
CITY OF REDLANDS,
a municipal corporation
AS SELLER
AND
THE UNIVERSITY OF REDLANDS
AS BUYER
TABLE OF CONTENTS
1. PURCHASE AND SALE.
2. PURCHASE PRICE.
2,1 Purchase Price
•••• ................... •••••• •• •
2.2 AssignmenUNovation of Obligations
3. ACTIONS PENDING CLOSING
3 1 Tile of Property
4. CONDITIONS TO CLOSING
Page
1
1
1
.2
2
2
4.1 Univeasity's Closing Conditions 2
4.2 City's Closing Conditions . 3
5. CLOSING. 3
5.1 Closing Date 3
52 Deliveries by City
..... •11.• •• 3
5.3 Deliveries by University .4
5.4 Pnanitions/Apportionmeni . .4
5 5 Closing Costs . .A
5.6 Deliveries Outside 4
6. CITY'S REPRESENTATIONS AND WARRANTIES...—. ...... ••••••• •a 5
6 1 Due Organization 5
6.2 Hazardous Matenal
. •• .......... •E •• • 5
6.3 City's Authority; Validity of Agreements 5
6,4 Indemnity/Insurance 5
6.5 Public Access
6.6 Survival ... ...... 5
7. UNIVERSITY'S REPRESENTATIONS AND WARRANTIES 6
7 1 Univessity's Authority; Validity of Agreements
8 AS -IS CONDITION OF PROPERTY 6
9. REMEDIES 7
9.1 Default by City ...7
10 MISCELLANEOUS PROVISIONS . 7
10.1 Entire Agreement 7
10.2 Modification; Waiver 7
10.3 Notices 7
.......
10.4 Expenses 8
10 5 Severability ...............9
10.6 Successors and Assigns . 9
10.7 Counterparts 9
10 8 Govenung Law, Jurisdiction, . 9
10 9 Headings. 9
IC 10 Time of Essence 9
10.11 Further Assurances 9
10 12 Construction 9
10 13 Attorneys' Fees 10
PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
This Purchase and Sale Agreement (this "Agreement") is made and entered this 3rd day of
March, 2020 ("Effective Date"), by and between City of Redlands, a rnunicipal corporation
("City"), and the University of Redlands, an IRC section 501(cx3) nonprofit corporation
("University") City and University are sometimes individually referred to herein as a "Party" and,
together, as the "Parties."
RECITALS
WHEREAS, City is the owner of an undivided fee simple interest in certain real property
located in the City of Redlands, County of San Bernardino ("County"), State of California, known
as County Assessor Parcel No. 0170-191-39-0000, and as more particularly described on Exhibit
"A," which is attached hereto and incorporated herein by reference (the "Property"); and
WHEREAS, City desires to sell, transfer, and convey the Property to University, and
University desires to purchase and acquire the Property from City, upon and subject to the terms
and conditions set forth in this Agreement,
NOW, THEREFORE, in consideration of the mutual promises contained herein and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, University and City hereby agree as follows.
AGREEMENT
PURCHASE AND SALE.
Subject to and upon all of the terms and conditions of this Agreement, City agrees to sell,
transfer, and convey to University, and University agrees to purchase and acquire from City, the
Property in Its "AS -1S" condition, as such term is further defined m Section 8 hereof, as of the
Effective Date of this Agreement
2. PURCHASE PRICE
2 1 Purchase Price. The purchase price for the Property ("Purchase Price") shall be
seven hundred fifty thousand dollars (5750,000) Payment of the Purchase Price shall be made by
University to City on or before July 5, 2020
2 2 Assrgnment/Novation of Obligations
2.2 1 In Lieu Agreement In lieu of payment of the Purchase Price to City,
University may satisfy its obligations under this Section 2 by entering into a written agreement
with the San Bernardino County Transportation Authority ("SBCTA") and City, whereby SBCTA
agrees to an assignment to University, and a novation, of City's obligation to SBCTA to provide
one hundred (I 00) parking spaces within one-quarter anile of University's proposed passenger rail
terminal ("City's Parking Obligation") as set forth to that certain agreement between City and
L:lcald inlAinanenialL'oR Pwrhase and Sale Agreemmi 3.3.20 Fig al.docx jn
SBCTA dated October 1, 1996 (the "City/SBCTA Agreement"), a true and correct copy of which
is attached hereto as Exhibit "B," and incorporated herein by this reference
2.2.2 Limited Novation For purposes of clarity, the aforementioned novation
relates only to University's provision, at University's expense, of one hundred (100) parking
spaces within one-quarter mile of University's proposed railway terminal as required by City's
Parking Obligation. Nothing in this Agreement shallrequire or result in a novation of the remainder
of City's obligations under Section 5.07 of the City/SBCTA agreement
3 ACTIONS PENDING CLOS1isIO
3 1 Title to Property.
3.1.I Deliveries by City. Concurrent with City's execution of this Agreement,
City shall, as a courtesy, deliver to University a preliminary title report ("PTR") for the Property
issued by Orange Coast Title Company of Southern California , substantially in the form attached
hereto as Exhibit "C." University acknowledges that City makes no representations to University
regarding the accuracy of the PTR and the matters referenced therein.
3 1 2 Title Insurance. Prior to the Closing, City shall cause Orange Coast Title
Company of Southern California to be deliver to University a CLTA standard coverage Owner's
Policy of Title Insurance for the Property (the "Title Report") and (b) legible copies of all
documents referenced therein (collectively with the Title Report, the "Title Documents").
3.1 3 Condition of Title at Closing. Upon the Closing, City shall sell, transfer,
and convey to University fee simple title to the Property by a duly executed and acknowledged
grant deed in the form of Exhibit "D," which is attached hereto and incorporated herein by
reference (the "Grant Deed"),
4 CONDITIONS TO CLOSING
4 1 j,lntvermtv's Closing Conditions The obligation of University to complete the
transaction contemplated by this Agreement is subject to the following conditions precedent (and
conditions concurrent, with respect to deliveries to be made by City at the Closing) (the
"University's Closing Conditions"), which conditions may be waived, or the tune for satisfaction
thereof extended, by University only m a writing executed by University
4.1.1 City's Due.Pe&foimance. All of the representations and warranties of City
set forth in Section 6 shall be true, correct, and complete in all material respects as of the Closing
Date, and City, on or prior to the Closing Date, shall have complied with and/or performed all of
the obligations, covenants, and agreements required on the part of City to be complied with or
performed pursuant to the terms of this Agreement on or prior to the Closing.
4 1.2 Physical Condition of Property The physical condition of the Property
shall be substantially the same on the Closing Date as on the Effective Date of this Agreement,
except for reasonable wear and tear and any damages due to any act of University or University's
representatives
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LAca►djtnWA$reernentAloR Purchnse orad Sale Agreement 33.10 Final docx.jn
4 ] 3 Possession/Removal of Personal Property Upon the Closing Dater, City
shall deliver exclusive possession of the Property to University Prior to the Closing Date, City
shall have the right to remove City's equipment, trade fixtures or other personal property Any
such salvage and removal shall be performed pursuant to all required permits, in accordance with
all laws, rules and regulations Any improvements or personal property of City remaining on the
Property after the Closing shall be conclusively deemed abandoned by City (the "Abandoned
Personal Property"). City waives and relinquishes all rights, title, interest and claims in any such
Abandoned Personal Property and effective upon abandonment transfers, conveys and assigns all
of its nght, title and interest in such Abandoned Personal Property to University for disposition as
determined by University in University's sole and absolute discretion.
4.2 City's Closing Conditions All of the representations and warranties of University
set forth in Section 7 shall be tnie, correct, and complete in all material respects as of the Closing
Date, and University, on or prior to the Closing Date, shall have complied with and/or performed
a]1 of the obligations, covenants, and agreements required on the part of University to be complied
with or performed pursuant to the terms of this Agreement on or prior to the C]osmg.
5. CLOSING
5 1 Closing Date. Subject to the provisions of this Agreement, the Closing shall take
place on or before March 4, 2020 ("Closing Date"). As used herein, the "Closing" shall mean the
delivery of the Grant Deed by City to University,
5.2 Deliveries by City On or before the Closing Date, City, at its sole cost and expense,
shall deliver or cause to be delivered to University the following documents, each dated as of the
Closing Date, fully executed and, if appropriate acknowledged, and, if applicable, in proper form
for recording
5.2.1 Grant Deed. The Grant Deed conveying the Property to University
5 2 2 Preliminary Tttic Report, The PTR, substantially in the form attached hereto
as Exhibit "3 "
5.2.3 Non -Foreign Affidavit. A Non -Foreign Affidavit, substantially in the form
attached hereto as Exhibit "E."
5 2 4 Title, The Title Report and Title Documents
5.2.5 Easement Access. City shall deliver to University a quitclaim deed,
substantially in the form attached hereto as Exhibit "F," conveying all right tile and interest of City
in and to that certain easement document between City and Gerald S. Rubin, dated August 5, 1963,
a true and correct copy of which is attached hereto as Exhibit "G."
5.2.6 Other Documents. Such other items, documents, and urstruments as may
be reasonably required by University to effectuate the provisions of this Agreement and the
Closing, and/or otherwise to fulfill the covenants and obligations to be performed by City at the
Closing pursuant to this Agreement
3
LAcnkijmlAgrecmrntslUoR Forchase and Sok Agreement 1120 Final,doex.jn
5.3 Deliveries by University On or before the Closing Date, University, at its sole cost
and expense, shall deliver or cause to be delivered to City such items, documents, and instruments
as may be reasonably required by City to effectuate the Closing.
5.3.1 Recording University shall cause the Grant Deed to be recorded in the
Official Records and obtain conformed copies thereof for distribution to University and City
5 4 Pro-rationslAonortionment.
5.4.1 Method of Pro -ration Taxes and assessments affecting the Property shall
be pro -rated between University and Ctty as of the Closing Date based on a 365 -day year. All
non -delinquent real estate taxes and assessments on the Property shall be pro -rated based on the
actual current tax bill, but if such tax bill has not yet been received by City by the Closing Date or
if supplemental taxes are assessed after the Closing for the period prior to the Closing, the Parties
shall make any necessary adjustment after the Closing by cash payment to the Party entitled thereto
so that City shall have borne all real property taxes, including all supplemental taxes, allocable to
the period prior to the Closing and University shall bear all real property taxes, including all
supplemental taxes, allocable to the penod from and after the Closing. If any real property taxes
or assessments or any expenses attributable to the Property and allocable to the period prior to the
Closing are discovered or billed after the Closing, the Parties shall make any necessary adjustment
after the Closing by cash payment to the Party entitled thereto within five (5) business days
following the discovery thereof or the receipt by any Party of the bill therefor, as the case may be,
so that City shall have borne all real property taxes, assessments and expenses allocable to the
period prior to the Closing and University shal] bear all real property taxes, assessments and
expenses allocable to the period from and after the Closing.
5.4 2 Survival The obligations under this Section 5 4 shal] survive the Closing
Date and the delivery and recordation of the Grant Deed for the Property.
5.5 Closing Costs. Each Party shall pay its own costs and expenses arising m
connection with the Closing (including, without limitation, its own attorneys' and advisors' fees,
charges, and disbursements).
5.5.1 City shal] pay the cost of any documentary transfer taxes in connection with
the recording of the Grant Deed
5.5.2 University shalt pay all recording costs for recordmg the Grant Deed; and
5 5 3 All other closing fees and costs shall be charged to and paid by City and
University in accordance with customary practices in the County,
5 6 Deliveries Outside Upon the Closing, City shalt deliver sole and exclusive
possession of the Property to University. Effective immediately upon the Closing, any personal
property remaining on the Land shall be deemed abandoned and may be removed and disposed of
by University at its sole cost and expense. This Section 5.6 shall survive the Closing
4
L'ealdjmlAgreemems1/4.l0R. Purdtase and Sale Agreement 3320 Final.daex.jrn
6. CITY'S COVENANTS, REPRESENTATIONS AND WARRANTIES.
City represents, and warrants to and agrees with University, as of the Effective Date of this
Agreement as follows.
6.1 Due Organization. City is a municipal corporation duly formed under the laws of
the State of California
6.2 Hazardous Materials. City represents and warrants that it has no actual knowledge
(without having any duty for any investigation, whatsoever) of hazardous materials exiting on the
Property, or any other environmental dangers, risks, or Iimitatrons associated with University's
proposed use of the Property.
6.3 City's Authority: Validity of Agreemen , City has full nght, power, and authority
to sell the Property to University as provided in this Agreement and to carry out its obligations
hereunder The individuals executing this Agreement and the instruments referenced herein en
behalf of City have the legal power, right, and actual authority to bind City to the terms hereof and
thereof. This Agreement ts, and all other instruments, documents and agreements to be executed,
and delivered by City in connection with this Agreement shalt be, duly authorized, executed, and
delivered by City and the valid, binding, and enforceable obligations of City (except as
enforcement may be limited by bankruptcy, insolvency, or similar laws) and will not result in any
violation of, or conflict with, or constitute a default under, any provisions of any agreement of City
or any mortgage, deed of trust, indenture, lease, security agreement, or other instrument, covenant,
obligation, or agreement to which City or the Property is subject, or any judgment, law, statute,
ordinance, writ, decree, order, inunction, rule, ordinance, or governmental regulation or
requirement affecting City or the Property.
6.4 Indemnity/Insurance. In the event University exercises its option to enter Into an
agreement with SBCTA for a novation of City's Parking Obligation and constructs parking spaces
in accordance therewith, subsequent to University's completion of the parking spaces, but prior to
any occupancy of the same, City shall undertake to insure and protect, through its excess liability
coverage, and indemnify University from and against, any and all claims for personal injury or
property damages made against University and/or City by persons using such parking spaces.
6 5 Public Access, In the event University exercises its option to enter into an
agreement with SBCTA for a novation of City's Parking Obligation and constructs parking spaces
in accordance therewith on SBTCA's property identified as County Assessor parcel No 0170-
201-31-0000, City agrees to process and approve, in accordance with applicable Iaw, any and all
applications filed by University with City for access to such property form public streets
6 6 Survival. Except for the indemnity and insurance representations made in Sub-
section 6.4 hereof, and the public access representations made in Sub -section 6.5, above, all of the
representations, warranties, and agreements of City set forth in this Agreement shall be true upon
the Effective Date of this Agreement, shall be deemed to be repeated at and as of the Closing Date,
and shall survive the delivery of the Grant Deed and the Closing for a period of one (I) year. Prior
to a termination of this Agreement, City shall not take any action, fail to take any required action,
or willfully allow or consent to any action that would cause any of City's representations or
5
lAtaldiniAgreemenis\UoR Purchase and Sale Agement 3.3.20 Final.docxjn
warranties to become untrue. If any representation or warranty of City was true as of the Effective
Date of this Agreement, but is not true as of the Closing Date, then City shall disclose this changed
fact to University in writing_ So long as City makes the foregoing disclosure and the change of
circumstances regarding the representation or warranty did not arise due to the fault of City, then
City shall not be in breach of this Agreement due to the fact that the representation or warranty has
become untrue as of the Closing Date, provided, however, the fact that any representation or
warranty under this Section 6 is untrue as of the Closing Date shall still be a failure ofa condition
pursuant to Section 4.1.1 Notwithstanding the foregoing, if University has actual knowledge of
the incorrectness of any representation or warranty set forth in this Section 6 as of the Close of
Escrow and University has not elected to terminate this Agreement as provided herein, then
University will be deemed to have waived any claim against City for the incorrectness of such
representation or warranty For purposes of clarity, the indemnity and insurance representations
made in Sub -section 6.4 hereof, and the public access representations made in Sub -section 6 5,
above, shall survive in perpetuity unless and until City and University modify those obligations by
written agreement.
7. UNIVERSITY'S REPRESENTATIONS AND WARRANTIES
University represents and warrants to City, as of the Effective Date of this Agreement as
follows
7 1 University's Authonty; Validity of Agreements University has full right, power,
and authority to purchase and acquire the Property from City as provided in this Agreement and
to carry out its obligations hereunder. The individuals executing this Agreement and the
instruments referenced herein on behalf of University have the legal power, nght, and actual
authonty to bind University to the terms hereof and thereof This Agreement is, and all other
instruments, documents, and agreements to be executed and delivered by University in connection
with this Agreement shall be, duly authonxed, executed, and delivered by University and the valid,
binding, and enforceable obligations of University (except as enforcement may be limited by
bankruptcy, insolvency, or similar laws) and do not violate any provision of any law, statute,
ordinance, rule, regulation, agreement or judicial order to which University is a Party or to which
University is subject.
8 "AS -IS" CONDITION OF PROPERTY
THE PARTIES HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS. (A)
UNIVERSITY IS A SOPHISTICATED BUYER WHO IS FAMILIAR WITH THIS TYPE OF
PROPERTY, (B) EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS
AGREEMENT, THE DEED, AND/OR ANY OTHER DOCUMENT OR INSTRUMENT
DELIVERED BY CITY TO CITY (THE "EXPRESS REPRESENTATIONS"), NEITHER CITY
NOR ANY OF ITS AGENTS, REPRESENTATIVES, OFFICERS, OR EMPLOYEES HAS
MADE OR WILL MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH
RESPECT TO THE PROPERTY, AND (C) THE PROPERTY IS BEING SOLD TO
UNIVERSITY IN ITS PRESENT "AS IS" CONDITION SUBJECT TO THE EXPRESS
REPRESENTATIONS AND THE TERMS HEREOF AND, ACCORDINGLY, SUBJECT TO
THE EXPRESS REPRESENTATIONS, UNIVERSITY WILL RELY SOLELY ON ITS OWN
6
L:Iea1djm1AgreemausltloR Pusckase nod Sale ALreement 33.2k Final.dpcx.jri
DUE DILIGENCE AND INVESTIGATIONS IN PURCHASING THE PROPERTY IN
CONNECTION WITH THE FOREGOING, UNIVERSITY EXPRESSLY AGREES TO WAIVE
ANY AND ALL RIGHTS WHICH UNIVERSITY MAY HAVE UNDER SECTION 1542 OF
THE CALIFORNIA CIVIL CODE WHICH PROVIDES AS FOLLOWS
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR. HER
SETTLEMENT WITH THE DEBTOR."
9 REMEDIES
9 1 Default by City, If City shall breach any of the terms or provisions of this
Agreement or otherwise fail to perform any of City's obligations under this Agreement at or prior
to Closing, and if such failure continues without cure by City for Eve (5) business days after
University provides City and Escrow Agent with wntten notice thereof (a "City Default"), and
provided University is not then in default, then University may, as University's sole remedies for
such failure, but without luniting University's right to recover attorneys' fees pursuant to Section
10.13 below. (a) waive the effect of such matter and proceed to consummate this transaction, (b)
cancel this Agreement and receive a full refund of the Deposit and recover from City the reasonable
out-of-pocket expenses incurred by University related to the Property and this transaction, which
amounts shall be payable by City to University within five (5) business days following receipt by
City of wntten request therefor from University together with copies of invoices evidencing such
expenses; or (c) proceed with any remedies available to University at law or in equity, which may,
without limitation, include the bringing of an action against City for specific performance and/or
recovery of the Deposit and any other damages suffered or incurred by University as a result of
any breach or failure by City to perform any of City's obligations under this Agreement.
I0 MISCELLANEOUS PROVISIONS.
10.1 Entire Agreement This Agreement, including the exhibits attached hereto,
constitutes the entire agreement between the Parties pertaining to the subject matter hereof and
supersedes all prior agreements, understandings, letters of intent, term sheets, negotiations, and
discussions, whether oral or written, of the Parties, and there are no warranties, representations, or
other agreements, express or implied, made to either Party by the other Party in connection with
the subject matter hereof except as specifically set forth herein or in the documents delivered
pursuant hereto or in connection herewith.
10.2 Modification: Waiver. No supplement, modification, waiver, or termination of this
Agreement shall be binding unless executed in writing by the Party to be hound thereby, No
waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other
provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver
unless otherwise expressly provided.
10 3 Notices. All notices, consents, requests, reports, demands or other communications
hereunder (collectively, "Notices") shall be in writing and may be given personally, by registered
7
L:\raldjm1ABreemenialt.loR Purchase and Sale Agreement 3.3.1I1 Final.doex,jn
or certified mail, by electronic mad, by courier, or by Federal Express (or other reputable overnight
delivery service) for overnight delivery, as follows
To University. University of Redlands
SVP Finance & Administration
1200 E. Colton Ave
Redlands, California 92373
Attention: Cory Nomura
Telephone: (909) 748-8180
Fax (909) 335-5144
Email. cory_nomura@a redlands edu
With A Copy to. General Counsel
University of Redlands
Attention. Brent Geraty
Telephone. (909) 748-8180
Fax: (909) 335-5144
Email• brent_geraty@redlands edu
To City: City of Redlands
P.O. Box 3005
Redlands, California 92373
Attention City Clerk
Telephone. (909) 798-7531
Fax. (909) 798-7535
Email. jdonaldson@cityofredlands.org
With A Copy to. City Attorney
City of Redlands
Attention Daniel J McHugh
Telephone' (909) 798-7595
Fax (909) 798-7503
Entail. dmchugh@eityofrediands.org
or to such other address or such other person as the addressee Party shall have last designated by
Notice to the other Party All Notices shall be deemed to have been given three (3) business days
following deposit in the United States Postal Service (postage prepaid) or, upon receipt, if sent by
overnight delivery service, courier, facsimile transmission (so long as confirmed by the appropriate
automatic confirmation page), electronic mail (so long as receipt is acknowledged or otherwise
confirmed), or personally delivered. Notice to a Party shall not be effective unless and until each
required copy of such Notice is given The inability to deliver a Notice because of a changed
address of which no Notice was given or an inoperative facsimile number for which no Notice was
given of a substitute number, or any rejection or other refusal to accept any Notice, shall be deemed
to be the receipt of the Notice as of the date of such inability to deliver or rejection or refusal to
accept Any Notice to be given by any Party hereto may be given by legal counsel for such Party
Telephone numbers are provided herein for convenience only and shall not alter the manner of
giving Notice set forth in this Section 10 13
8
L:kaidjmtAgreemsnts1LIoR Purchase and Sale Agreement 1120 Pinal.doex.ja
10.4 Expenses Subject to the provision for payment of the Closing Costs in accordance
with the terms of Section 5 5 of this Agreement and of any other provision of this Agreement,
whether or not the transaction contemplated by this Agreement shall be consummated, alI fees and
expenses incurred by any Party hereto m connection with this Agreement shall be borne by such
Party.
10 5 Severability, Any provision or part of this Agreement that is invalid or
unenforceable in any situation in any jurisdiction shall, as to such situation and such junsdiction,
be ineffective only to the extent of such invalidity and shall not affect the enforceability of the
remaining provisions hereof or the validity ar enforceability of any such provision in any other
situation or in any other jurisdiction
10.6 Successors and Assigns, Neither City nor University shall assign its rights under
this Agreement without the consent of the other Party
10 7 Counterparts. This Agreement may be executed in as many counterparts as may be
deemed necessary and convenient, and by the different Parties hereto on separate counterparts,
each of which, when so executed, including, without limitation, by PDF scanned counterparts of
any initialed or executed pages delivered via electronic marl, shall be deemed an onginal, but all
such counterparts shall constitute one and the same instrument
10.8 Governing Law: Iimsdretion. This Agreement shall be governed by and construed
under the Iaws of the State of California without regard to conflicts -of -laws principles that would
require the application of any other law Each Party hereby consents to the exclusive jurisdiction
of any court of competent jurisdiction in the county of San Bernardino in any action related to or
arising under this Agreement.
10,9 Headings The Section headings of this Agreement are for convenience of
reference onEy and shall not be deemed to modify, explain, restrict, alter, or affect the meaning or
interpretation of any provision hereof
10.10 Tune of Essence Time shall be of the essence with respect to all matters
contemplated by this Agreement
10 11 Further Assurances In addition to the actions recited herein and contemplated to
be performed, executed, and/or delivered by City and University, during the term of this
Agreement City and University agree to perform, execute, and/or deliver or cause to be performed,
executed, and/or dettvered any and all such further acts, instruments, deeds, and assurances as may
be reasonably required to consummate the transaction contemplated hereby. In furtherance of the
foregoing, so long as University is not m default under the terms of this Agreement.
10.12 Construction As used in this Agreement, the masculine, feminine, and neuter
gender and the singular or plural shall each be construed to include the other whenever the context
so requires This Agreement shall be construed as a whole and in accordance with its fair meaning,
without regard to any presumption or rule of construction causing this Agreement or any part of it
to be construed against the Party causing the Agreement to be written, The Parties acknowledge
that each has had a full and fair opportunity to review the Agreement and to have it reviewed by
counsel If any words or phrases in this Agreement have been stricken, whether or not replaced
9
L•kaWjmlAgreomentslLloR Purchase and Sale Agreement 3,3.20 Ffnal.dockin
by other words or phrases, this Agreement shall be construed (if otherwise clear and unambiguous)
as if the stricken matter never appeared and no inference shall be drawn from the former presence
of the stricken matters in this Agreement or from the fact that such matters were stricken
10 13 Attorneys' pees. In the event that either Party brings an action or proceeding against
the other Party to enforce or interpret any of the covenants, conditions, agreements, or provisions
of this Agreement, the prevailing Party in such action or proceeding shall be awarded all costs and
expenses of such action or proceeding, includmg, without limitation, attorneys' fees (including
fees for a Party's use of in-house counsel), charges, disbursements, and the fees and costs of expert
witnesses If any Party secures a judgment in any such action or proceeding, then any costs and
expenses (including, but not limited to, attorneys' fees and costs) incurred by the prevailing Party
in enforcing such judgment, or any costs and expenses (including, but not limited to, attorneys'
fees and costs) incurred by the prevailing Party in any appeal from such judgment in connection
with such appeal shall be recoverable separately from and in addition to any other amount included
in such judgment The preceding sentence is intended to be severable from the other provisions
of this Agreement, and shall survive and not be merged into any such judgment. This Section 10.13
shall survive Closing and any earlier termination of this Agreement.
[Signatures on Next Page]
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L:1caVljmlAgreemettts\IJoR Yurehaseand Sale Agreement 3.3.20 Final,docx,jn
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
Date of this Agreement
CITY.
ATTEST
e Donaldson, City Clerk
CITY OF REDLANDS, a municipal
corporation
UNIVERSITY:
THE UNIVERSITY OF REDLANDS
By.
Ralph W. Kunel, PhD, MD,
President
By.
Cory Nomura, Senior Vice President,
Finance & Administration
11
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33.20 Fiati.doenjn
LIST OF EXHIBITS
EXHIBIT "A" LEGAL DESCRIPTION
EXH/BIT'B" SBCTA AGREEMENT
EXHIBIT "C" PRELIMINARY TILE REPORT
EXHIBIT "D" GRANT DEED
EXHIBIT" E" NON -FOREIGN AFFIDAVIT
EXHIBIT "F" QUITCLAIM DEED
EXHIBIT "G" EASEMENT DOCUMENTS
EXHIBIT "A"
DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS.
LUGONIA PARK LOT 10 AND PTN LOTS 5 6 7 8 9 19 AND 20 SLK H DESC AS BEG
AT INTERSECTION N LI SD LOT 5 WITH E LI W 20 FT SD LOT S TH S 0 DEG 18 MIN 29
SECONDS E 26.20 FT THS 60 DEG 28 MIN 02 SECONDS E 668.77 FT TO A PT IN E LI LOT
19 WHICH ISN 0 DEG 16 MIN 25 SECONDS W 150.07 FT FROM SE COR SD LOT 19TH N
0 DEG 16 MIN 25 SECONDS W 349 58 FT TO NE COR. LOT 10 TH ALG N LINES LOTS 5
TO 10 N 89 DEG 22 MIN 52 SECONDS W 580 39 FT TO POB EX MNL RTS WASE
RESERVED BY STATE OF CALIF
APN 0170-191-39-0000
EXHIBIT "B"
SBCTA AGREEMENT
COOP ERATI V E AG RE CM ENT
This agreement (hereinafter "Agreement") is made and entered into this 1st day of October,
1996 ( the "Effective Date") by and between the San Bernardino Associated Governments
("SANBAG") and the City of Redlands .i municipal corporation ("City"), together which are
sometimes referred to herein as the "Parties." SANBAG and Citi hereby agree on the following
terms and conditions.
1
DEFINITIONS
101 Definitions. As used in Ibis Agreement, the following terms, phrases, wards and
their derrvattons shall have the meanings Set forth herein. Words used in the present tense shall
include the future tense, words used in the singular shall include the plural, and plural words shall
include the singular tense Words not specifically defined in this Agreement shall be given their
common and ordinary meanings.
a "Non-operating Ptopu1y" shall mean the real property consisting of parking lois and
other parking facilities as may be necessary for the operation of the Passenger Rail Station
b. "Operating flours" shall mean that time period commencing one (1) hour prior to the
arrival of the first morning tract at the Passenger Rail Terminal, and ending one (1) hour after the
departure of the last evening train from the Passenger Rail Terminal
c "Operating Property" shall mean that real property comprising the Station Site and
the railroad trackage right-of-way aLguured by SANBAG
d "Passenger Rail Station" shall mean the Passenger Rail Terminal and all Operating
PPM' 11.10.W
I MA
and Non-operating properties associated therewith
c. "Passenger Rad Terminal" shall mean the platform and other improvements
Lonstrttcted on the Station Site for the Passenger Rail Station
"Station Site" shall mean the real property upon which the Passenger Rail Terminal
shall be built.
g "Road" shall mean City's Eureka Street Widening Project as described in Exhibit "A "
II.
PURPOSE OF COOPERATIVE AGREEMENT
2.01 Dgsign and Construction of Passenger Rail Station. The purpose of this Agreement
is to facilitate the design and construction, maintenance and security for a Passenger Rail Station and
construction of the Road.
til
OWNRRSHIP OF STATION SITE.
3 01 Vesting of I ide. ride to the Passenger Rail Terminal and Station Site shall be and
remain vested in SANBAti City and/or third parties under contract with City shall hold title to all
Non-operating Property. City shall hold title to the Road
VI.
-f ERM OF AGRI:I:MEN r
4 01 Term, The term al this Agreement shaft commence on the Effective Date of this
111 1-:4.I1I'W
eht.•la, 1 1996
2
Agreement, and shall continue until terminated as provided for in Article XI of this Agreement
RhSPONSIEll L!JIFS OF CITY
5.01 Planning. Zoning and Permits_ City shall use its best efforts to obtain all planning.
zoning and permits to secure appropriate land -use designations and approvals far the Passenger Rail
Terminal and Station Site
5.02 Reservation ofPassengerRail.Parking. City shall perform appropnalc planning,
zoning and permit activities to ensure that parking for the Passenger Rail Station is reserved
exclusively for rail commuters during Operating Hours
5 03 Parking Fees, City may, subject to the approval of SANBAG which shall not be
unreasonably withheld, charge parking fees to
a. Defray the costs of permits and approvals,
b. Maintain the Passenger Rail Station and Non-operating Property, and
c. Provide security for Passenger Rail Station patrons during Operating Hours.
All such fees colleted by City shall remain the sole properly of City subject only to the Innitations
set forth above.
5 04 Maintenance of Station Site, City shall provide for all maintenance of the Passenger
Rail Terrmnal and Station Site S?1NBAG shall pay all of City's costs for such maintenance and
shall provide utility services tie gas. water and electricutyl for the Passenger Rail Terminal and
Staticin Site for the initial two t2) ser period following the c oinincncenient of passenger rail sen ice:
iron the Station Site Upon the termination of the two-year period following commencement of
1,I,Nr PW
iM. kt 1 11444
3
service. City shall assume full responsibility for the cosi of maintaining the Passenger Rail Terminal
and Station Site and shall provide. utility services (le gas. wafer and electricity) to the Passenger Rail
remitnal and Station Site Cars maintenance obligations under this Agreement shall not, however,
extend to track maintenancc. "Level of effort" and other standards to determine minimum
maintenance requirements shall be developed jointly between the Parties In the event City is unable
to meet such mutually agreed "level of effort" standards. either party niay terminate this Agreement
in accordance with Article Xi
5.05 Security. City shall provide and SANBAG shall pay all costs for security of the
Passenger Rail Terminal and Station Site fat the initial two (2) year period following the
commencement of passenger rail service from the Station Site. Following the termination of the
initial two-year period following commencement of service, City shall assume full responsibility for
the funding of security at the Passenger Rail Terminal and Station Site. "Level of effort" and other
standards to determine minimum security requirements shall be developed jointly between the
Parties In the event City is unable to meet such mutually agreed "level of effort" standards, either
party may terminale this Agreement in accordance with Article XI
5.06 Road Widening, City shall be responsible for the acquisition of all real property
and shall perform engineering and design work, and conduct all necessary environmental reviews
and reinedtation (if necessary). to widen the Road 111 accordance with City's approved plans and
specifications for its "Eureka Street Widen' ng" project; provided however. that in the event eminent
domain proceedings are necessary to acquire all or a portion oi'the property necessary for the project.
City's failure to adopt any resolution of necessity will not result in a breach of this Agreement
5 07 Provision of Parking Spaces. t'ity Mall make .n ailable for use, by persons using the
OKI" '41.1WW
letutu7 I 19%
4
Passenger Rail Station, three hundred (300) parking spaces, two hurxlred (200) of which shall be
located within one-quarter nide of tate Passenger Rnil Terminal and one hundred (100) of which shall
be located within one-quarter mile of a future passenger rail terminal to serve the University of
Redlands area City shall be responsible for providing. or for ensuring the provision of, maintenance
and security for the parking spaces
5.08 Construction of Passenger Rail Stations City shall cause the construction of the
Passenger Rail Station and any associated parking lot and City shall perform the construction and
engineering oversight during the construction of the Passenger Rail Station and any parking lot
pursuant to the plans and specifications approved pursuant to Section 6 02, below City shall
contribute the sum of five hundred thousand dollars ($500,000) toward funding of the construction
of the Passenger Rail Ternu nal upon commencement of such construction.
VI.
RFSPONS1B1LiTIES OF SANBAG
G 01 'aynient of Maintenance and Security Costs. SANBAG shall pay for all security
costs and maintenance costs incurred by City pursuant to paragraphs 5.04 and 5.05, above, for the
Passenger Rail Terminal and Station Site for two (2) years following commencement of passenger
rail seivice from the Station Site After the expiration of the two year period, City shall pay for all
security and maintenance costs for the Passenger Rail Terminal and Station Site "Level of effort"
and other standards to determine minimum security and mnintenance shall be developed joint!) by
the Parties
F?JNiz: $lati'W
ihMd•.r t 119%
6.02 mgt and_Ejigineenng for Station Site, SANBAG shall fund the design and
engineering of the Passenger Rail Terminal and Station Site and the Parties shall cause complete
plans and specifications complying with all applicable federal and state laws to be prepare for the
same However, no such plans or specifications shall be executed or accepted until approved by ttie
Parties
6.03 Fig. SANBAG shall be responsible for finding of the construction of the
Passenger Rail Teraina' with the financial contribution from City made pursuant to Section 5 08,
above
6 04 Contribution of Funds. SANBAG shall pay to City the sum of one million dollars
($1.000,000) to be used by City to defray the costs incurred by City in carrying out its "Eureka Street
Widening" project. Payment of such funds shall be made to City as follows. (l) five hundred
thousand dollars ($500,000) on January 2. 1997. and (2) five hundred thousand dollars ($500,000)
on March 3, 1997 Payment to City is contingent on City's commencement of construction for its
"Eureka Street Widening" project
6.05 Assignment to the SCRRA. the Parties acknowledge and agree that at some future
dare, SANBAG may assign its rights. intere.sts and obligations under this Agreement to the SCRRA
VII
I'ISCAL YEAR
7 01 Fiscal Year. The fiscal year of this Agreement Shall commence on the first day of
July each year
011tH.I14110k
ck64wr 1 1994
(]
VIII.
ACCOt1NT1NCi
8 01 Accounting. City shall submit monthly billing statements and invoices to SANBAG
with regard to the activities undertaken or conducted by City pursuant to this Agreement, and City
shall be paid by SANBAG within thirty (30) days lrom the date of invoice City shall make its
accounting books and records available to SANBAG during City's business hours, during the term
of this Agreement, upon reasonable prior written notice from SANBAG
[X
Mia I'[CES
9 01 Notices to Parties. Any and all notices or communications required or permitted by
this Agreement or by law to be delivered to served on, or given to either party by the other shall be
in writing and shall be deemed properly delivered. served or given to the party directed to, in lieu
of personal service, when deposited in the United States mail, trrst-class postage prepaid, and
addressed:
SANBAG CITY
San Bernardino Associated Governments City of Redlands
475 North Arrowhead Avenue 35 Cajon Street
San Bernardino, CA 92401 Redlands CA 92373
Either party may change its mailing address for the purposes of this Agreement by giving written
notice of the same in accordance with the provisions of this paragraph.
x
I1f111'ainiPPW
c I s.ib 1 1'141
7
1MSCELL ANEU[3S
10 01 Consent _and Agreements. Any and all consents and agreements provided for or
permitted by this Agreement shall be in writing, and a signed copy thereof shall be filed and kept
with this Agreement.
10 02 Entire Agreement, This instrument contains the entire agreement of the Parties as
to the matters described herein and correctly sets forth the rights, duties and obligations of each party
to the other as of the date of this Agreement. Any and all prior agreements, policies, negotiations
and/or representations of the Parties as to the matters described herein are expressly set forth and
incorporated in this Agreement
10 03 Amendments, This Agreement shall be amended only by written instrument,
executed by the Parties
10.04 Severability. In the event any one or more provisions contained in this Agreement
shall for any reason be held invalid or illegal, or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions hereof: and this Agreement shall
be construed as if such invalid illegal or unenforceable provisions had never been contained Herein_
10.05 headings and Subtitles, flooding and subtitles of this Agreement have been used for
convenience only and do not constitute matter to be considered in interpreting this Agreement.
10.06 Attorneys' fees. In the event any unction 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 recover its reasonable attorneys' fees "Prevailing party" shall be the party who
obtains substantially all the relief sought 1» it. regardless oI «hether final court judgment is entered.
10.07 Indemnity. The Parties shall each defend indemnify and hold harmless the other
1 cu.l''i 1 1196
party, and its elected officials. officers. employees, volunteers and authorized agents from and
against any and all claims, losses damages and causes of action (including personal injury and
death) arising from or resulting m connection with the party's negligent or wrongful acts, errors or
omissions in carrying out the party's duties or obligations under this Agreement and from any and
all expenses mcurred by the other party on account of any claim therefor
10 08 jurisdiction and Venue, In the event of any litigation arising out of the terms or
conditions of this Agreement, the venue of any such litigation shall be the Superior Court of the State
of Cal i forma.
XI.
TERMINATION OF AGREEMENT
11.01 Acts Constituting Termination. This Agreement shall commence on the date of its
execution and shall continue until
a. Voluntary or involuntary transfer or assignment by either party without the consent
of the other party of any of the rights. duties or obligations set fortis in this Agreement;
b. Mutual agreement of the Parties to terminate this Agreement,
r. Any default or breach of this Agreement by either party which has not been cured
within thirty (30) days after notice of such default of breach by the other party or such later tirne as
mutually agreed upon by the Parties as reasonable if the default or breach cannot be cured within
such thirty (30) days period• or
dl Written notice is delivered by either party to the other party ninety (90) days prior to
the ellcettve date of termination
L1!A1's •-rsst'W
[Malar 1 19u.
9
XII
12.01 License. SAN HAG hereby grants to City a license to enter upon the Station Site and
perform, through its empioyees andlor its agents and contractors. City's construction ofthc Passenger
Rail Terminal, and City's maintenance and secunty obligations for the Passenger Rail Terminal
x111,
ACc PTANCE
13 0Ia1' eluent. The undersigned, having read the foregoing, accept and
agree to the terms and conditions set forth therein
DATED.
DATED7
1.017: II airet
kinbo 1 r).m
SANBAG
r
C1 FY OF REDLANDS
ATTEST.
10
EXHIBIT "C"
PRELIMINARY TITLE REPORT
e'M
Coachella Valley Escrow
47350 Washington Street #102
La Quinta, CA 92253
Attention:
Property address:
Dated:
Order No 210-2070312-10
Orange Coast Title Company of Southern California - Inland
Empire Division
1845 Business Center Drive, Suite 218
San Bernardino, CA 92408
909-825-8800
AMENDED PRELIMINARY REPORT
Kira Crystal
Vacant land, Redlands, CA 92374
March 4, 2020
Your no.: 0170-191-39
Order no.: 210-2070312-10
In response to the above referenced application fora policy of title insurance, Orange Coast Title Company of Southern California
- Inland Empire D1 ision hereby reports that it is prepared to issue, or cause to he issued, as of the date hereof, a Policy ar Policies of
TitIe Insurance describing the land and the estate or interest therein hercinafterset faith, insuring agamst loss which rriay be sustained
by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant
to the printed Schedules, Conditions and Stipulations ofsaid Policy forts
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies arc set forth in
Exhibit B attached The policy to be issued may contain an arbitration clause When the Amount of Insurance is less than that set forth
in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive
remedy of the parties. Limitations on Covered Risks applicable to the CLTA tend ALTA Homeowner's Policies of Title Insurance
which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhib it B.
Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions sham or referred to below and the exceptions and exclusions set forth in Exhibit B of this report
carefully. The exceptions and exclusions are meant to proaide you with notice of matters, which are not cored under the
terms of the title insurance policy and should be carefully considered
It is important to note that this preliminary report is not a written representation as the condition of title and may not list all
Iiens,defects, and encumbrances affecting title to the Land.
This report (and any supplements or amendments hereto) is issued solely for the purpose affacilitattrig the issuance of policy oftitle
insurance and no liability is assumed hereby If it is desired that liability be assumed prior to the issuance of policy of title insurance,
a Binder or Commitment should be reques ted
Dated as of February 14, 2020 at 7.30 AM
Cynthia ICack, Title Officer
Ph- 909-825-8800
Email: cynthiak®octitle cam
Page 1
Order No 210-2070312-10
The form of policy of title insurance contemplated by this report Is.
C.LT.A Standard Coverage Policy - 1990 (Owner's Policy or Jain Protection) and A L.T.A Loan Policy (06-17-06)
The Policy of Title Insurance, if issued, wiIi be undertsritten by. Real Advantage Title insurance Company, a
subsidiary of Orange Coast Title Company See attached disclosure
A liability of TBD Subject to nny flied rate increases and/or changes in the Liability.
Schedule "A"
The estate or interest in the land hereinafter described or referred to covered by this report is;
A Fee
Title to said estate or interest at the date hereof is %es ted la
City of Redlands, a Municipal Corporation
The land referred to in this report is situated in the City of Redlands, the County of San Bernardino, State of California, and
is described as follom.
Parcel 1;
Lot 10 and those portions of Lots 5, 6, 7, 8, 9, 19 and 20, Block "H", of Lugonia Park, as shown on map recorded in Book 4 of Maps,
Page 50, records of said County, described as a whale as follows:
Beginning at the intersection of the North line of said Lot 5 with the East line of the West 20 feet of said Lot 5, thence along said East
line, South 0° 18' 29" East 26.20 feet, thence South 60° 28' 02' East 668.77 feet to the East line of said Lot 19, distant along last said
East line North 0° 16' 25" West 150,07 feet from the Southeast comer of said Lot 19; thence along last said East line and the East
line of said Lot 10, North 0° 15' 25" West 349.58 feet to the Northeast corner ofsaid Lot I0; thence along theNorth tines of said
Lots 5 to 10, inclusive, North 89° 22' 52" West 580.39 feet to the point of beginning,
Excepting therefrom all minerals, oils, gases andotherhydrvcarbons whatsoevernarne [mown thatrtnay be within orunder the parcel
of land hereinabove described, without, however, the right to drill, dig orrnine through the surface thereof
Parcel 2.
An Easement for right to operate vehicles over described pro perty for access as described in Easement deed recorded on August23,
1963 in Book 5975 Page761 of Official Records.
Assessor's Parcel Nutnbers(s): 0170-191-39-0-000
Page 2
Order Na. 210-2070312-10
Schedule "B"
At the date hereof exceptions to coierage is addition to the printed exceptions and exclusions contained in said polic% form
i oti1d be as follows•
1
General and Special taxes for the fiscal year 2020-2021, including any assessnrnis collected with taxes A lien not yet
payable
First instalhnent due and payable 11/01/2020, delinquent if not paid by 12/1012020
Second installment due and payable 02/01/2021, driniqucnt if not pard by 04/10/2021
2 General and Special taxes for the fiscal year 2019-2020, including any assess merits collected with taxes
Total amount 60.00
1st installment $0.00 no tax duc
Penalty $0.00 (after I2 10)
2nd mstallntcnt $0.00 no tax duc
Penalty %0.00 (after 4/10)
Code arca not shown
Parcel No 0170-191-39-0-000
Exemption $0,40
3 The Lien of future supplemental taxes, if any, assessed pursuant to the provisions oI section 75, et seq of the revenue and
taxation code of the Stale of California
4 An easement for public utilities and Incidental purposes as reserved by the Stale of California xi thr decd recorded
07/19/1963, as Instrument No Rook 5932 Page 72. Official gCcorh, along said land
5 An casement for purposes herein stated, and rights incidental thereto as set forth in an instrument
Recorded In Book 14, Page 278 of Deeds
1•or right of way and incidental purposes
Affects The location of said eascrricnt is set forth therein
6 The fact that the ownership of said land docs not include any ngins of ingress or egress to or from the freeway adjacent to
said land Said nghts have been relinquished in the decd to the State of California recorded 07119/1963 in Book 5952, Pup:
72, of Official Records
7 An instrument, upon the terms and conditions conlamed therein
Entitled- Lease Agreement
Dated. 01/03/2006
Executed by and between. Atkinson Contractors LP, a California Corporation and the City of Redlands
Recorded 112412006, is lnstnitncnt No 2006-3244 of Official Records
And recorded 02/06?I)06, as in+truinent No. NM 87lOD, Official &cords
8 'NOTE: Please be advised that our search did not disclose any open Deeds of Trust ofrecord If you should have knowledge
of any outstanding obligation, please contact your title officer Immediately for further review"
Fad of Schedule B
Page 3
"NOTES AND REQUIREMENTS SECTION"
Order No. 210-2070312-10
ORANGE COAST TITLE COMPANY
OF SOUTHERN CALIFORNIA
NOTE NO. 1
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT NOTICE
This is to give you notice that Orange Coast Title Company is a shareholder in Orange Coast Title
Company of Southern California and Orange Coast Title Company owns an interest in Real Advantage
Title Insurance Company. This underwriter may be chosen by Orange Coast Title Company of Southern
California and this referral may provide Orange Coast Title Company a financial or other benefit,
You are NOT required to use the listed provider as a condition for settlement of your loan or purchase,
sale or refinance of the subject property and you have the opportunity to select any of the Orange Coast
Title Company of Southern California title insurance underwriters for your transaction. THERE ARE
FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR
SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING
TIME BEST SERVICES AND TM BEST RATE FOR THESE SERVICES
Notes section continued on next page
Page 4
Order leo 210-2070312-10
NOTE NO. 2
California Revenue and Taxation Code Section I8662, effective January 1, 1994 and by amendment effective January 1, 2003,
provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3% of the total sales pnce as
California State Income Tax, subject to the various provisions of the law es therein contained
NOTE NO. 3 PAYOFF INFORMATION.
Note: this company docs require current beneficiary demands prior to closing.
If the demand is exp red and a correct demand cannot be obtained, our requirements will bees follows
A If this company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment
The amount of this hold will be over and above the verbal hold the lender may have stipulated
B. If this company cannot obtain a verbal update on the demand, will either pay off the expired demand orwait for the amended
demand, at the discretion of the escrow
C In the event that a payoff is being made to a servicing agent for the beneficiary, this company will require a complete copy of
the servicing agreement prior to close.
NOTE NO. 4
If this company is requested to disburse funds in connection with this transaction, chapter 598, statutes of 1989 mandates ho 1d periods
for checks deposited to escrow or s ub-escrowaccounts The mandatory hold is one business day after the day deposited Other checks
require a hold period from three to seven busuness days afterthe day deposited.
Notice Regarding Your Deposit of Funds
California Insurance Code Sections 12413 er, Seq. Regulates the disbursement of escrow and sub -escrow funds by title companies
The law requires that funds be deposited in the title company escrow and sub -escrow accounts and be available for withdrawal prior to
disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds deposited with the Company
via cashier's checks drawn on a California based bank may be disbursed the next business day after the day of deposit If fiends are
deposited with by other methods, recording or disbursement may be delayed, All escrow and sub -escrow funds received by the
Company will be deposited with other funds in one or more non-interest bearing escrow accounts of the Company in a financial
institution selected by the Company, The Company and/or its parent company may receive certain direct or indirect benefits fro/Tithe
financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and the
Company shall have no obligation to account to the depositing party to any manner for the value of, or to pay such party, any benefit
received by the Company and/or its parent Company Those benefits may include, without limitation, credits allowed by such
financial institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of such
loans, accounting, reporting and other services and products of such financial institution Such benefits shall be deemed additional
compensation of the Company for its services in connection with the escrow orsub-escrow,
Page 6
Attention.
Borrower: CDL De►fopment
Lenders supplemental report
Crder No 210-2070312-10
Orange Coast Title Company of Southern California
Inland Empire Division
1845 Business Center Drive, Suite 218
San Bernardino, CA 92408
909-825-8804
The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order t o
reflect the following additionat item relating to the issuance of an American Land Title Association loan policy font as follows.
A This report is preparatory to this Issuance of an Amcncaa Land Title Association Loan policy of title insurance. This
report discloses nothing, which would preclude the issuance of said American land title association loan policy of title
insurance with endorsement no 100 attached thereto
B. The improvements on said land are designated as
Vacant land, m the City of Redlands, County of San Bernardino, State of California
Our search of the public records revealed conveyance(s)affecting said land recorded within 24 months of the date of
this report are as follows:
None
Page 6
Attention
Order No 210-2070312-10
Please note that this preliminary report now has an extra copy of the legal dcscnptton an a separate sheet of paper. There arc no
markings on the page The idea is to provide you with a legal description that can be attached to other documents as needed. That
legal description page immediately follow this page
Thank you for your support of Orange Coast Title Company of Southern California - inland Empire Division We hope that this
makes yourjob a little easter
Page 7
Exhibit "A"
Parcel 1.
Order No. 210-2070312-10
Lot 10 and thoseportiotss of Lots 5, 6, 7, 8, 9, 19 and 20, Block "H", of Lugonia Park, as shown on map recorded in Book 4 of Maps,
Page 50, records ofsaid County, described as a whole as follows
Beginning at the intersection of theNortln fine of said Lat 5 with the East he ofthc West 20 feet ofsaid Lot 5, thcncealong said Bast
line, South 0° 18' 29" East 26.20 feet, thence South 60° 28' 02' East 668.77 feet to the East Iine of said Lit 19, distant along last said
East line North 0' 16' 25" West 150.07 feet from the Southeast corner of said Lot 19, thence along last said East line and the East
line of said Lot 10, North 0° 15' 25" West 349 58 feet to theNortheast comer of said Lot 10; thence along theNorth lines of said
Lits 5 to 10, inclusive, North 89° 22' 52" West580.39 feet to the point of beginning
Excepting therefrom all minerals, oils, gases and otherhydrocarbons whatsoever name known that may be within orunder the parcel
of land hereinabove described, without, however; the right to drill, dig or mine through the surface thereof
Parcel 2:
An Fasen nt for nght to operate vehicles over describedproperty for access as described m Easement decd recorded on August 23,
1963 in Book 5975 Page761 of Official Records
Page 8
Order Na 210-2070312-10
CLTA Preliminary Report Form — Exhibit E (06-03-11)
CLTA S FANDARD CO%TRACEPOLIC Y — 1990
EXCLUSIONS FROM COVERAGE
Tle following matter' aro a roily roc Wed Pm arc coverage of rhe ll no. Fakey one are Company unpay losses du -nage, cant, anorneys' lees CCtapeniel welch roue by reason of
1. {II An law, orders= argave nurxnhl regulwah hmel'dungbal not loner: to boding orannung¢ law4drdarnog, or rrpola:eas) ale* tog, avulsing. prahEar,: CO FAWN (q PIO etc agency. ow, or a ,amens or the
land () Ire 3ball ear dimcrdkaasor 1oratian LI any a overreact now or heroofrar erected on the bat (Iij a sspaatea ft mate rainy es a rho Ago m the dimensions w arra of rhe bird cm 4a panel of wide
rplr Po Land h ae
RV 1yqrr; or (kr) c f�v(iydmenia pommels,Or c4am of any ri,als`y'on armee laws, Coilnaneas v3oro rameaGl n toll uoas, escape a Ae elentIMm a Noll of nix cnfdrrerndni tpereooOr a eotk: of a derock Pian ce
aecanbrrnte lesulang Armenia
a rfdlmrso or ;Ass1ardv(alscan a['c�h>; Ar. Mad hos bras rworded in Oro Were records ■Dale of Policy ) Any carom mental pokes pewor not preluded by (a) lbws.nrcapt as bibiee salami drat
esoderatmcmmsinaOno:farmiceofadead,.Ganarone= more re taking from a violation or alk d%iolademaffeedrrggI#re mdhas beenrecordedbrPnrppu¢Alior matalDataofPelicyyr
2. IVO sof eminent doma in unlau WOO; rr rho IMMIX mncol boy been SIX ogled us the pubba mow* o r Late of t' oho y, sue net ca sYudog from :average cry Lung Watt kis oeewscd paler to Chic el Pc acy one k would
be Lid keg on dw rights of a purchaser for aahrr w•hbmin laartledZt
7 Lr Pesti, Wan adevmoom ban eclat
se dawns °tuteer plated, [a whether as nal ire Drool n ua puhlle (gcooda al Lia* pr Policy Macre 'red, miler cd, assua ed or arced b per kr n!arra COMM; ley nOS'Morn rape
Campery am r:eordalS Snipe prbk rerxrds Yfkia of Policy. bul Main lo Pc kwcd C13 ion* and net disclosed in imitrag to ter Pompeian, padre isruredoIammo prim to the dee the InTreal clarions became an Monadunder k, ogcr. to rawlun no loss as dime e m tie *toed do ins tor; (d aving a chcreated rubscerrmem pate ori'oly; or (c] Rhaphe¢ m ie54 ao 414,4'61A xe
e a1uuI mawe be
t kaasl�ypod'JOwhrmrad 'Ilk'"?
pod did rake for Ina Miurodaoreye);,e or for esgec or intcresr knurod by this pprlrey.
4. IJ rpnftm t ob any of ate ken 01 Ql muted rrmtlj No because of the made). Of fatMa of et in wired Y Dare o!Pebey, or due inabdhty at in tore al any sabre quint onrorr Df the indebtedness. b aonto ry wtdsme Enka*
deer business lava of the slate in which the land u imhatad
leve lady as vxnlm re cabd lay ol'the fun DI the mud mortgage, w doom ter sof, ninth a rico mite. Vit tranrachon e,sdontod by the nand menage au1 is bored upon vwlyorany coostanar cretin prom -mon of x!121
intending Gx
6. Any Mahn which anion Doi arab, VaafKlion toning In Phe ;noted the wow of *wont insured by this policy,* the bawdon craning rte arteria ortc bhp,rcd Rada, by roman afire operation of Wool bardapky,
sure Mwhtsey es stn ileo creddcce nphrd Lows.
XCEPTIONS 1"ROMCOVFAAGE•SCHEDULEg PART I
mar Troll policy does Dmf mm lama. %Sr ar dam ape (and dm calm pray val. mat pay legit, storms ye fees or axpcwca) Minh free I>y rtaaon oil
1 Togo orasee*nights wh£hasern donorssagoingben! by theragnlselany mlbipitoballryterk>.xsbags arsueementsmmalpaperyartyNepublic >vcndr. Percoodmpbyspublt agency wlnicbm 'resin
Pa uses or maw arra, dr emeses orRi xet *hasher or nen aM by the rceoeds of inch so sissy or by rhe public rceords.
2. Any Kett rips InIcrests,or claims ha h arc Mom by the public roods but wrackoak bcr
Iso ateuuae by an insp:elian of rho land co which may be a'sorted by rum tnpareessran 'Woof
7. Prim gain pros ornmbroacct or abhors *afoot, yards ata mw ahem by Ina pubbc remoat4. Trpance acd bcuets la taundary Toes. oho La ge in arta, opemachine], itear any oCier lack Larch a corral survey weadd arse Gee, sad whhah ore not shown by the public seaman.$. S. (1) Unlamented rntnuas el+lma
s;(bk ranorins or exeepugat
ens a eau w clb
or Amaen: g the tsanf lnae 13.313)1; (e) error slink clams w ink la ware wnahat by
is* atter' esaaplrd ander (a), lb} or oej oresheens
by dee poi& re ma&
6, Aay VeaxAphl ae s Iran lar loosen tabor atualuial neeahown by to puhke seromas
CLTAMLTA HOMEOWNER'S POLICY 0 F TITLE INSURANCE (02/03/10)
E{CLUSIO NS
la addition to the Eseaptiens in Schedule B. You are dal Insured eta Last bis, cant, rtmtmoytt tea. sed imams gaol tram:
1. Gavcman st'a1 pokier. palaver, and Int moisen:ear ,ioladon of Pose denims or any Ire or gotaremear regulation concaving: a Mad Mg. b. =mg, eland vie d, impure menu on Cot Lind, c,llad divinon. aad ,f
awrbmmenal proheeuen. This Eseenion does Dat limn ata earwigs dacr(bed in Oronod Fisk 5.4., 14, 17, 1d, 11, 19, 10, 23 of 27
2. The lb Unit or Your ciinkns swdeaei. or ass orPm. to be eanmrraed da secoidanccwith /poliwbit breadingcedet Tins Escbaion does so11 roil Ore commodes salmi ha Levered Rislt l4 or 10,
3The rightioukPatLand by Conde mMiss IL 7h EIdeconotEmiltheeaaxagedeseibedmCmwralRisk17.
4. Riskm s. tat art eroated, allowa4 or agreed a by You. weaker aramada:7rserded tip the Public Record.; b. Rai ata ]Grohs Le You a the Paley Luk, but nu la UC unka dry ■e eeeodad In ea Public Rio* ds at the
May Date; e.QuImeek EADolossWYoi d. Aar rhpxeuse*.dePolka. Mak: rhsdeco n1tlimit dhteetarry dose aloe inCovered Pii17 8,1,33,2E 17 aril
S. Faure ropey valtha far 'door Tek.
4, Lac Icor ■ deg, a, se aoy Lind outside Os atm speil&illy dwenbod and mama le in prnanp2t 0 ofScheduk A; std b. in strecu,'leys, w Lakrwayi ear each the Load, Tao Indio Lon dors nos kora
coverage described In Caned Mk S 1 or 21
7 Thi transfer ,f tfyETjrk *You Is invalid as 1 prefer• nib l tea Mkt or as a fr adoknt banter dr can heyahcm nod er k Ileal ba mlevWc r. w la raae[veney. er 1 Rai lar ea dinars' right. bw..
LIMITATIONS ONCOVE(imRISKS
Y mar umaraaka Ino 11a lalawtng Lord tea muss b +mud Ori ULC Versos Coverage orexmone on laHowaa
• For C'wcred Palk 14, 11, 19, and 21 You Deductible Aon mini tad Our Maximum Deet Lunn ei'LLIEi$y shown wn en Clchaddc A
The deduea1Ye intoahtl end inlaimam Mat lirrL31 !hours em tkkoduk A are ie Caflaws:
Vont Drduc4bbAmMad If; ILC Halieu am Doaae (imilaftlab;lgr
CeveradRihk14; 1% of Polley Alward rhewnfnSchedule Aerr f2,S0$(whk0arer1ikm) 16,U
Conrad Rbb1Em 1 4 of rolley Amount shown Ea &bedade A or S MN (lr3khirer la less) S33410
Crwked Rbk19: 1 SL arPolkyArmrmr slrewaIn Sao doh. A sr1SAN (xbkherITG km) 135,010
CarerrdAb421: 114 of Paltry Amount Moira in S Inedule A or 5 2,S00(wbkhere r skit) 55,000
ALTA RFS rD EN-1AL TITLE INS URAN C E PO LTC Y (6 1 87)
ONS
intMdarcmwute&caponsre5ehedv3os,yau aro nwrdvreda� bsl,a IX� LUS[atof
1 Govern/mo al case, feeCsed =Ma s Outdop from
po0te power, and Vas eaoumcemr »elauen of �'M goveyssysal Ilam. Thea ra+ehadas bWldrhp Dnd mnm ordtnanccs and is' law' and sti
regulations moo -Wag 'Lind run • ttfrpriveomw o0 ore
lead • lend&u(sien • onr icoqm enralarokDacdoDaweenW weenier dear not apply *Li dem or gra eefwmeru rhea tcof trance which sppserhh rhe public records ae?alky Dote This eacimien deal nen Itmil ill nimbi(orange erten d'e tans Il and Tor Caned7Wa Rifle,
2. lea bta div ale lands by cdiadcmning e.i tea: •a mtlx' at euruAal Lha him spree as the pate ranth 'on ale Parry Use die Was happened pr kat lar ase Pokey weeaa4 is biedurg inn you Wyatt wager the
land wmlaamthaowbng or the wwAi
eaPoie' them-+thidoor=WoePclilowrd aborieet to isdrertCoa liYon on coverage nr*rolea( Pcse oilekolto, on cPokcyDak- uratccaVaypposedinnepublxamrds•Natrq,axmhatgtalayou •uutless aneelyen0tkalrr
4. Failure la gay value for ya.hr aye, i i Urged Tide kola
S. Lrckor a nght •e any Gad mamae the area specifically described and re Lived la in hem 3 of Sehojak A CR 'in streets, enamor oak nays dist bath your Irnd. Tkn aseladan daeaaao km here sec cos cove raga a
tem 5ofCovend Title Rieb,
2006 ALTA LOAN POLICY (06-17-06)
EKCLUSTONS FROM COVERACE
'fL fatirw ng annum are nip%oily excluded from the coverage of Alf patsy, and the Creepily ily soil eat pay lass or daugq cow, isomers' fee or ripens* tubkh mitt by mama:
3 (a) Any law, *doe= or govarnstenlal resuadan (iackdial !hose relating 10buielag rad lord* mimickng lagufxtieg. Frans tieg m relating be (i) too acvpasry, USC. orrjereloif ofd: ka$(ii) Ina dlaaeua,
trnra.iat.sa soadon or col paa Erected on tic kind; cher) alar RbdivJSsm of lander (14 ant••bonmmat prckaion, to the ■rho of any violation of those laws, erdivanceserprrarsonaral negobliats. This
13atebraao 1(0 does nom edit' or Eric die overate periled umka Covered !ride d.
2 Sights of rminrnt dons a L This ExeMinn dm'vee modify es Einr h the coarasoproridsd wader error d Riill7 dr R.
3 Deices, liens, aocurnbraeaa, advent edlims or etc rmatte rnla)cimald, Differed, noun= it agreed bu by W Tread C ahnsot,(e]ne1 /horn to Om Company. not recorded a are public Rcards e+ One af1aliay,
bui Meson male loured Clain sat sr* net &glossa mwrilbrg la the Canlpsmy by One humid Minot prior *the dames Nosed Claire t bacon la Maxed undo this pdky:(eyrowltimg in net Iasi or dams/pm
Lha Inured [to/mai, (df attaching o r crated au0uqucoa to Laic of Policy *worm Pit does s o t modify or limit m o coinage pre vi clod radar Coma Rak 11 11 or 1 ay;or(e) aesufboE > i Asa a tom age that tread sat
have been n+slahnsd ire* Instead Claimant hadpald t+l ire for tha humid Meager
4. Uentfareeibilby Odic Yen of the !mad Mar OpIncase alibi, 6uhli+y orWan of as Iazw i m comply vim applicahlr doiapbuiuss hers at the awe in *Meeh Om Land it auto d,
S. iantidiy or wen foecerbhliy c wads or La pita de Fes ,file Insured Mortgage that asses cul Ort ictaasaedoa arida mod by the Msutd 14o eida sr and is bleed wen vswry *rimy =mew cedieprom dionor
Vat alondergAay
Lw.
usurer oe chin, bi mon ref P widen
at 6denl bankvpxy, sow Iasohenvy, or rbc tet rcedilare' rigida laws, that she raatanie m creaks to Ger of rho hayed Manage a (a) a daudvled coma yancoer ford,dmm
W for sly Bat mlod ha Covered Rbk I3(b) ardta pails
7 Aar lion ea the Title for real erre oxer Or ealessnceaty Wooled by pro mmca4! sumoeiry and creased oraeachola pewee Date *Crary rod the date of Imordirarertbe trema Magma in the Public Peanuts. The
Escldrin deo dal modify tic limit the rewrap provided under Cartrol Rae I Lib):
EXCEPTIONS FROM CO VERAGE
This policy does not mows rlahul lessor daaaap (Dad dseCompoay x171 oonpay mak IRConCyf Poor @speavra) the arise by naiad el
L(a)Taxes or asscacen ani that are unshorn as abetter kir M1' by Ras words army team augnedq tar kvq axe Qr aseaeentsas 111 properly re by doe Public Records; (b] f#aaadingsby apublic agency the mq
nose to Qom or asmrsonson or noi:Asaf sudhpreegditp, whdhn ar Rol gloms by the nWedsor sura agency or byd o MIk Rotordt.
2.My 1LaaD.rth hlrenno or elajrsaeieh ire sloven by the Rblfc Recoils bras that cold be airna5ud by an Inspection Odle Led or that rimy beamend byporscas of posse maim dike Land.
3,0enosaattCommon; rordaramxs,erdaisesMeteor. frol'bows by the Table See��is
4.My csarachroon, tnevmbraea riolsdmt variational adacrsc elcum sum ee sited %ms Tia that *Wells dimboord by as anwD£ard carnotite laadrvrvry or the Land and not skim by do iLhlle Rreoa i.
S,(e) Unpaketd mbnhl a bin* (b) roneavlliana or eatapdcas In peedis et h Ades a dorroAng too aauaace Ulmer: (o) Later baba, diens or ego to wale wheeler er hat des mats excepted tads (a), (1.) of Woos
slum by the Tuhlec Records,
4_ Any lion a right* a Lan for arrv£ eL labor or mala rill not shorn by tea public roods.
s.
2006 ALTA O WNER'S POLICY (06.17-06)
EXCLUSIONS FROMC0VERAGE
Thi fo0awial m seen an expressly coo/ruled from tide rocs age of dais policy, Led nus COMparly w 1fl Op pay Ion or dam ule,aeon mosey t fees, ee exprmac mat arae by rosea or:
Page 9
Order No. 210.2070312-101(a)Any lnr,ordbnta, pknm4m gorramenel rotelean 0:eluding
than relent: to building and main) rcleielinp, re tub aig, prohibiting on /dating b' h dw mammy, ore, w enjoyono! of the Land; (JO
the sxamer, &nomads, or localism of arty no pro: errant ern ind on An. Land (I11) de subdivision */ kink or<S V) environments/ procdoo; or the elfset of any vfahticm of dots haws, ordinates, or promenaded
Irga tthonf. This Lxrlusine l(a)dder pot mddiry OF tied the eovxnye provided under Covered Ris1ni. (b A
Covered Risk B. 3 Any tovrrnmcnylpoSic c power, This Exclusion 1(h) docs nn moJify or ben ie the coverage provided under
1. Rights of son lac sal domain. Tiffs Etclasioa does not molnar or lion it da carnage provided sods r severed Rink? Cr
3 Gahets, Iknh, encu mbraattd,adrme Calma, or other maSart (ay c+tased,:hfared. assumed, or a!rced le by the Mound aliment; (h) toe Known to the Company not mended tone pnbpe Accords el Date of
Paliay bolIfnouninthe!moredCaLin old a1 naldisekxd L lateCo pn byOw lamed CAlmanlintersoritedateAn.[mouedClain antbreamoanInuredraderhes policyXs) ro dditaienoI or
damage to Ibe learned Lla no*iret) ercnchia oa ncaafd rub y (however, Lha does nal modify en 1&rsh the coven s
damage that would not heed WOOAr0.i'nodif she Insured Clainanth ed paid robe for Mcraey g provided under Covered Risk end ID); ar (r) rcsntaiitg lou or
4. Any alt len. by rcwan of the upended dr A:lent to chap ley an /solvency, or similar Ired:u i'righle laws, not dm transuded veiling nn. TRk SO shone it Stadia. A, le (e) a fbaudunm canwyance or freadulent
ba aper, co (b] s prefer: m a l irons ver for ay realms not Mired 1a Om ted VA 9 of rho polity
S. Any linman theTrde for real ends lancearevcsnnonel imposed by gave oust am' ewho illy ind oohed est aRuh Log between Pett of PoFoy aid therinser reconlin;bfthe dean other otsuumcuefbrahsh* i4 AePubk
Records ora t verse Tido as shown in &Wade A.
The *roc policy form may belonged to offal sidle rSlandard Covent esEels tided Cone reue. fn:ddiuon tone above Pxekrsiens from Cotcrare, ria Exaepriens from Cmrngc io a Snndard l manyo padoy wo1 slim
betula the raltowbag Exception Goin Come go.
DICFPTIONS FRO MCOVEFIAGE
TMs polity docs rut insure splint loss Or anmogc (cad Ono Camping will nor pay cora, onerous' feesaa *aeon) that arise by /them of
1 (a) Toe es or assessments dial arc not thews as aniSting liens by dna records of may Rome authority Ase levier wigs or assess=eariep seal properly or by the Pubfie As ends;{hy proceedings by a public agency
that may to tuft in La ce s Of as runasnu, el-cones of NA proceedings, whether erne "hewn by On records. of sack agency or by tee rubric Records.
1 Any fie u, rights, tote resu, or claims that are not ;hewn by **Fuld* Accords bat drat could he arcorubied by an lnsixo lion or die (and a that may be assorted by persons In posdcsdoo of rhe Laud,
3.Ealison/ .leescncumbnneetior claims dna of, not thorn by the Public Accords.
4. Any encroacbmmvi, encvmbrmee, r olodorn, afias op mradrnseeisuneunec */prolog th:lido thtis would bedinkasa by en Locate and cam plate kind tanry of the Land sed that arc not ahenva by she [Malin Rcrords
S.(ayUnpleasedmbiInd claim; (b) run noLIM mesCVOCOSnyams orioAeuaWhp®ngquononnccMeng(cywaverright;elvnaccaletowrra whaler at
shown by the Public Intends. (e e
6. Any Ren Or siesta a hka fm se hie ct, Labor or enarhl not Mown by the psbtir meet
ALTA EXPANDED C O VELAGERES IDEN1IAL LOAN PO LACY (0 ]t 26 10)
E]CCLUS1OTNS FROM COYEiZACE
The following matter's are ceprenlyo:eluded Rom On corerxgcof ibis policy Pad no Company wig mit or dssnag; eases, aaarotys feet or expenses which rite byn:mon of
1. (a) Any law ordinance, penin, orppvernmmlal nerdalien (inehpdmr hi Pot Felted to budding and ening] rnhieing, raoutodes, prolubiiingor relating to () dee amine use. Oreepyeen' of due Lased; [ip the
eharacscr dimensions ce loos don of any improremcne:acted on the Goth (W] As subdivision of the end: w [!v) eevirmsneaul prxdecarn, or the tiron nC say vitiation of oboes Lass, ordimnem oe roOv'emsnmfal rC>yd►ikse
This Exclusion 1(a] doer mat modify or lirntil ore corcafo provided un delCnrssed Aida 5, 6, 1)(C), W4). 14. cad I6.(byAny govusr emusi pollee pour. Thin eadus'.etl I lWon nor rtlodiry or limn dm nano proridtd
under Cuvu ted Rina S, 6,13(x), 13[b). le end 16.
2 Righu of oaken t eam e i L This Esc heat:: dols ail modify crank the covens* provided gods Modred IGs k7 or i.
3,Dsfee nuns bran cs, advormclone or other mamma Wennkd suilbra, named drgreed tobythe lrauredClaimant (by aosxnawnas the
Ccroceny, not mended ia Pelicy, belKnostnLoth: lnsnredCLehmmtand cat disclosediewritingioCat CompanybyOleWard Claim antpeerathe dolt the Irand CltSinairbrein kCufodunderthisthlipy bic Redmd3dDtlaar
donate la the in uredC enunb(d) mashing en. errand shesolnid m Dare ofFeliy (he•ee err doss net modify arl[ro R Ito cotrrayeprovided under Covered Ririe 1 I, 16,17, S, 1L 0.21u.222. 23,p2l,,i2 a 26):
OF (c}rowlting is Ras or damage which would not haw horn awasinedirRohm-red Claimant had Paid valet for Oealonged Knipp.
4 f)ennforceabiI , or doe Ilan 0fthv inamed Alorttsgobecome One Smbdigr orlb.ilwa of the Visored b nen ply ait17 applicable skint-business kelt of On spam wldcb the Larda;ierp#d.
S. I n:n1 W1ty Or unenfcrceab f ley in whole or In pat of la men ant ]utero Morlinge Lha 1 arises out of the Iran= Coo mildewed by du Insured Margate rod be hard up on usury. or ay Comma or ori oratorio's or truth
bi leading taw. This Rectories does not modify or it no eon top pfpvldedfa Covered Rkk26.
6 Any claim of invalidity, tmenforcatb3ity or Ark af prioriry or Err Inn of no lama Morrtogc as m AMan eet or modifications mode rider Oce Inured has Knowledge nuns ante shown ion Soho dui o A is no
linger the owner of one cask) OF Lemma earned by thio policy '(iiia EAclvdon FMCS not modify or limit the coverage Fended in Coronad Aisle 11
2. Any lien on et Tido for nolo rea Lacs arasscsome nu imposed bygovernments l mud oriy ted ecicd oretnetaig ruh+cmat to Dar of Porky in =means wish eppliask buddies; codes This Eaetwton dam est
m c lira or Imo it the c nvemgo provided in Cbra rd Risk f dr d..
$, list fedora df Ilst residcnlatabu lar; or an portion of tL to have limn egnsaudcd bdara an or alkr Data ofColic y w amoatomoevrih applies/de laddlnp oaks Th(s Pfrekulpn doer not mod* or 1pnit6 o enemy
pr waded in Covers d R.isk3 or 6.
Any chino, by Hoon of the operation of fsde u1 bankruptcy, sun dsohon ', or tion gar etediters sighee laws, that the a mania II ere ding Ca lion erne Inured Mxlgagq. is (a) ahank:3 edr avymetor raurbtlalr
eastern, or (b) a prefrraadsdtwder for any semen mol seta io Centel Rlsit 17(b) of dos polity
Page 10
Order No.
0-2070312
Orange Coast Title Company of Southern California - Inland Empire1D vision
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information We understand that
you may be concerned about what we will do with such information — particularly any personal or financial information. We agree
that you have a right to know how we will utilize the personal information that you provide to us. Therefore, we have adopted this
Privacy Policy to govern the use and handling ofyour personal information.
Applicability
This Pnvacy Policy governs our use at-the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source, such as information obtained from a public record or from another person or
entity.
Types oftnformation
Depending upon which ofour services you are utiluang, the types of nonpublic personal information that we may collect include
• Information wc receive from you on applications, forms and in other communications to us, whether in wasting, in
person, by telephone or any othermeans
• Information we receive from providers of services to us, such as appraisers, appraisal management corrpantas, real estate
agents and brokers and insurance agencies (this may include the appraised value, purchase pile a and other details about
the property that is the subject of your transaction with us)
• Information aboutyour transactions with us, our Affiliated Corr antes, or others, and
• Information we receive from a consumer reporting agency
Your California Rights (immediately following this Privacy Policy) or you may visit our website at
haps:/Iwvw.titleadvantage.conrnlprivacypolicy.htm or call toll-free at (866) 2417373. Only applies to CA
residents
TJs a of Informatio n
We request information from you for our own Legitimatebusiness purposes and not for benefit of any nonaffiliated party Therefore,
wc will -not release your information to nonaffiliated parties except. (1) as necessary for us to provide the product or service you have
requested of us, or (2) as permitted by law We rrray, however, store such information indefinitely, including the period after which
any customer relationship has ceased Such information may be used for any internal purpose, such as quality control efforts or
customer analysis.
*owner Customers
Even if you are no longer our customer, our Privacy Policy mill continue to apply to you
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to ]mow that information to provide produ cts or
services to you. We will use our best efforts to train and oversee our 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 procedural sa feguards
that
comply with federal regulattons to guard your nonpublic personal information.
Other Important Information
We reserve the right to modify or supplement this Pnvacy Policy at any time. If our Privacy Policy changes, we will provide the new
Pnvacy Policy before the new policy becomes effective
Last Revision 12/2E/2019
Effective on 1/01/2020
Page 11
Your California Rights
Order No 210-2070312-10
aln
If you are a California resident, you may have certain rights under California law, including but not limited to
the California Consumer Privacy Act ("COPA '9. All phrases used herein shall have the same meaning as those
phrases used under relevant California law, including but not limited to The CCPA.
Right to Know
You have the right to know
• The categories of personal in fornsition we have collected about or from you,
• The categories of sources horn which we collected your personal information;
• The business orcornmercial purpose for collecting or sharing your personal information,
• The categories of third parties with whom we have shared yourpersonal mfomiation, and
• The specific pieces of your personal in formation we have collected
Process to Submit a Request To subrmt a verified request for this information you may visit ourwcbsite at
tl�;ai�lp�t�olnnrrwacvpoi icv.htai or call toll-free at (866) 241.7373 You may also designate an authorized agent to
submit a request on your behalf by visiting our website lmilirti.,:+�utirtii ICiiilvrniJ3:a rump pati acrpnliiy.hint or calling toll -fox at (866)
241.7373 and then also submitting written proof ofsuch authorisation via e-mail to datapnvacy(ct�octitle.com
VeriftcationMethod.In order to ensure your personal inlomat ion is not disclosed to unauthorbmd parties, and to protect against
fraud, we will verify your identity before responding to yourrequest To verify your identity, we will generally match the identifying
otformation provided in your request with the information we have on file about you Depending on thesensitivity of the pers onal
information requested, we may also utilize more stringent verification methods to verify your identity, including but not limited to
requesting additional in formation from you and/or requiting you tosign a declaration under penalty ofpersuiy.
Right of Deletion
You have a nght to request that we delete the personal information we have collected from or about you.
Process to Submit a Request. To submit a verified request to delete you information you may visit our website at
littns.gwvi-w.iiticad.• int' N.t.unr i,ri►a.. pertly + Alin or call toll-free at (866) 241-7373 You may also designate an authorized agent to
submit a request on your behalf by clicking here or calling toll-free at (866) 241-7373 and then also submitting written proof ofsuch
authorization via c -mai! to dataprivacy@octrtle.com.
VerificationMethad In order to ensure we do not inadvertently delete your personal information based an a fraudulent
will verify your identity before we respond to your request To v inquest, we
erify Your identity, we win] generally match the identifying
information provided in your request with the information we have on file about you Depending on the sens itivity of the personal
information requested to be deleted, we may also utilize Winne stringent verification methods to verify your identity, including but not
limited to requesting additional information Brom youandfor requiring you to sign a declaration under penaky of pequry.
Right to Opt -Out
We do not sell your personal Information to third parties, and do not plan to do so in the future
Might of Non Discrimination
You have a right to exercise your rights under the CCPA without suf cnng discrimination. Accordingly, OC Title & fly of
Companies will not discnnwtate against you in any way if you choose to exercise your rights under the CCPA
California Minors
If you are a California resident under the age of 18, Cahfomta Business and Professions Code § 22581 permits you to request and
obtain removal of content or information you have publicly posted on any of our Applications or Websites To make such a request,
please send an email with a detailed description of the specific content or information to datapnvacy@octitic.cottt Please be aware
that such a request does not ensure complete or comprehensive removal of the content or information you have posted and there may
be circumstances in which the law does not require or allow removal even if requested
Collection Notice
The following is a hit of the categories of personal information we may have collected about Cahfomia residents in the twelve
months preceding the date this Privacy Notice was last updated, including the bus mess orcomm tial purpose for said collection, the
Page 12
Oder No. 210-2070312.10
categones of sources from which we may have collected the personal information, and the categones of third parties with whom we
may have shared the personal information:
Categories of Personal Information Collected
The categones of personal information we have collected include, but may not be Iutured to.
• real name
• Signature
• Alias
• SSN
• physical characteristics or description,
including protected characteristics
under federal or state law
• address
• telephone number
• passport number
• driver's license number
• state identification card number
• FP address
• policy number
• file number
• employment history
Categories of Sources
Categories of sources from which we've collected personal
• the consumer directly
• public records
• governmental entities
• non-affiliated third patties
• affiliated third parties
• bank account number
• credit card number
• debit card number
• financial account numbers
▪ comimrcial information
• profess iona l or employment
informat ton
information include, but may not be limited to,
Business Purpose for Collection
The business purposes forwhich we've collected personal Information include, but may notbe limited to,
• completing a transaction for our Products
• verifying eligibility for employment
• facthrating employment
• performing services on behalf of affiliated and non-affiliated third parries
• protecting against malicious, deceptive, fraudulent, or illegal activity
Categories of Third Parties Shared
The categories of third parties with whom we've shared personal information include, but may not be limited to
• service providers
• govemment entities
* operating systems and platforms • non-affiliated third parties
• affiliated third parties
Sale Notice
We have not sold the personal information of California residents to any thud party in the twelve months preceding the date this
Privacy Notice was last updated, and we have no plans to sell such information in the future. We also do not, and will not sell the
personal information ofminors undersirdeen years of age without affirmative authorization.
Disclosure Notice
The following is a list of thecategories of personal information of California residents we may have disclosed fora business purpose
in the twelve months preceding the date this Privacy Notice was Iast updated.
• real name
■ Signature
• Alias
• SSN
• physical characteristics or description,
including protected characteristics
under federal or state law
Page 13
• telephone number
• passport number
• driver's license number
• state identification card number
• IP address
• policy number
• file number
• bank account number
• credit card number
• debit card number
• financial account numbers
• commercial information
• professional or ernployrnent
information
•
address • employment history
If you have any questions and/or comments you tray contact us
Cell Us at our toll free number (866) 241-7373
Email Lis at datanrivacKr:oci11le linin
Mad
Orange Coast Title
Attn. Pnvacy Officer
1551 N. Tustm Ave., Ste. 300
Santa Ana, CA 92705
Effective on 1/1/2019
Revised on 12123/2019
Page 14
Order No. 210-2070312-10
The undersigned,
Order Mo. 210-2070312-10
Orange Coast Title Company of
Southern California - Inland
Empire Division
1845 Business Center Drive, Suite 218
San Bernardino, CA 92408
909-825-8800
DECLARATION OF OCCUPANCY
(Loan Transaction)
(owner's name) depose(s) and say(s) as follows.
1 The undersigned /are the owner(s) of certain real property situated in the City of Redlands, County of
San Bernardino and State of California, commonly known as Vacant land, herein referred to as
`Tropes:
2. The undersigned is/are obtaining a loan from
to be secured by a Deed of Trust against the Property, which is the subject of the transaction.
3 The undersigned currently occupy the Property as the undersigned's principal address, and intend to
continue to occupy the same as the undersigned's principal residence following the close of this
transaction.
4 The undersigned understand(s) that Orange Coast Title Company of Southern California - Inland Empire
Dwision is relying on this information in calculating the recording fres for all real estate instruments,
papers, and notices recorded in connection with this transaction in accordance with California
Government Code §2738810a)(2)
5 The undersigned agree(s) to mdenmify and hold Orange Coast Title Company of Southern California -
Inland Empire Division harmless from and a t: Rist, and to pay any additional recording fees and/or
penalties arising out oir or in connection with, the inaccuracy of the information set forth hereat.
The undersigned declares) under penalty of peijtay under the laws of the State of California that the foregoing
is true and correct, and that this Declaration was executed on , at
By:
Mamie:
Page 15
BY
Name.
TMI imp is ►M T!1 !BIOS[
41 A YAl01EI t4111111 IRI
ex -
w
10
5
7
Pin. Lugo•nia Park
M.H.4/50
Hr 111-11-111 111. 1,41,10,f1 £S$LSSEO h PM IS
' —.21751:17:41-417,a.1902
1
*mune 2113 Poittl Mop lo 5616, P 11 62/15-11
9
10
City of Redlands
Tax Rota Area
5040,5068
— �+ ASf43fE0 rn 110 N - .. —
11
12
t7
15
14
Pin. M.W. 1/4, Sec. 26
R.3 W.
I
Qn0-19
2 cg
g
m
errs F
a O
G. �
_
_
m
A
iv= rn20.
T
CO
Assessor's Map
Book 0170 Page 19
San Bernardino County
ILII$E1
17/10/01 1C
1u11/1I c■
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Redlands
35 Cajon Street
Redlands, CA 92373
Ann. City Clerk
MAIL FUTURE TAX STATEMENTS TO.
City of Redlands
35 Cajon Street, Suite 4
Redlands, California 92373
Attn. City Clerk
MAIL TAX STATEMENTS TO
SAME AS ABOVE
ANN 0170-191-39-0000
0 Electronically
Recorded in Official Records
County of San Bernardino
Bob Dutton
Assessor -Recorder -County Cleric
DOC# 2020-0078926
05/04/2020
04:03 PM
SAN
89246
Titles. i Pages. 5
Fees
Taxes
CA S62 Fee
Total
(Space above this tine is for recorder's use}
The urdc s gr cd declares the DOCUMENTARY TRANSFER TAX is S 0 .' Cdrt iYega•--?CG by 50 IMP?, ".614121
✓ Computed on the consideration
or Cuvalue of property eon eruct Md. OR ,• s di d r f
Computed on the constdvarian or Cull value less liar msdlor j`v `
encumbrances remaining at time ofsale
Unincorporated Arca v%
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO.
City of Redlands
35 Cajon Street
Redlands, CA 92373
Attn City Clerk
MAIL FUTURE TAX STATEMENTS TO.
City of Redlands
35 Cajon Street, Suite 4
Redlands, California 92373
Attn. City Clerk
MAIL TAX STATEMENTS TO
SAME AS ABOVE
APN 0170-191 39-0000
(Space above [his tine is for recorder's use)
The Versigned declares the DOCUMENTARY TRANSFER pro property
TAX is S 0 Cd%1 re ce_ k 7 9 e ve�►� % f
i Computed on the consideration or value of propcny come},ed, OR •`7 R/
Computed on the consideration or full value less I[ens and/or
(�n �/1� . t
rncncorpo ate Area remaining at me of 4, 1t r ll�'a res. G�
Unincorporated Area V Cil vF>;aY.W�sstdrl� �e G(
/2-,-r it 4 q
GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged,
The City of Redlands, a municipal corporation and general law city
does hereby GRANT to
the University of Redlands , an IRS section 501(e) (3) Nonprofit Corporation
that certain real property in the city of Redlands, county of San Bernardino, state of California,
described on Exhibit "A," which is attached hereto and !incorporated herein by reference.
Subject to all covenants, restrictions, conditions, easements and other encumbrances of record
existing at the time of recordation of this Grant Deed
Dated. March 4, 2020 CITY OF REDLANDS, a municipal corporation and
general law city
Paul W. Foster, Mayor, City of Redlands
MAIL TAX STATEMENTS TO
SAME AS ABOVE
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino
)
On March 3 , 2020, before me, Diana Rains , Notary Public,
personally appeared Paul W Foster, who proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal,
Signature 144. f'3� k-- / 4..4.9
(Seal)
DIANA RAINS
Notary Public • California
San Bernanfirio County
Commission at 2175775
it COnrtl. Wires Das r$ 21120
Exhibit "A"
Parcel 1.
Order No 210 2070312 10
Lot 10 and those portions of Lots 5 6. 7 8, 9, 19 and 20. Block "1-1" of Lugonia Park, as shown on map recorded in Rook 4 of Maps,
Page 50. records ofsaid County, described as a whole as follows
Beginning at the intersection of the Nonh Zinc of said Lot 5 with the East line of the West 20 feet of said Lot 5, thence along said East
line, South 0° 18' 20" East 26.20 feet, thence South 60° 28 02 East 668.77 feet to the Fast tint of said Lot 19, distant along last said
Cast line North 0° 16' 25" Wtst 150.07 feet from the Southeast cornerof said Lot 19, thence along last said Fast line and the Fast
Zinc of -said Lot 10, North 0° l5' 25" West 349 58 feet to the Northeast comer of said lot 10; thence along the North lines of said
Lots 5 to 10, incluswe North 89° 22' 52" West 584.39 feet to the point of beginning
tivicepting therefrom all nancrals, oils, gases and otherhydrocarbons whatsoever name known that may be within or under the parcel
of land hereinabove described, without, however, the right to drill, dig or nine through the surface lhcreol.
Parcel 2 -
An Easement for right to operate vehicles over described propeny for access as described in Easement deed recorded on August23.
1963 in Rook 5975 Page 761 ofOfficial Records
EXHIBIT "E"
NON -FOREIGN AFFIDAVIT
STATE OF California
County of San Bernardino
)ss
)
The undersigned, as authorized agent of CITY OF REDLANDS, a municipal corporation
("Transferor"), after being duly sworn upon his oath deposes and says that
Section 1445 of the Internal Revenue Code provides that a transferee of a U S real property
interest must withhold tax if the transferor is a foreign person. To inform University of
Redlands and/or assignee, an Individual ("Transferee"), that withholding of tax is not required
upon the disposition of Transferor's interest in a U.S real property interest, the undersigned
hereby certifies the following.
1. Transferor is not a non-resident alien, foreign corporation, foreign partnership, foreign
tnist, foreign estate, or other foreign person within the meaning of § 1445 and § 7701
of the Internal Revenue Code and the treasury regulations promulgated thereunder,
2 Transferor is not a disregarded entity as defined in Treas. Reg. § 1 1445-2(6)(2)(iii),
3 Transferor's U S taxpayer identification number is 95-6000766;
4 Transferor's business address is- PO Box 3005, Redlands, CA 92373
Transferor understands that this certification may be disclosed to the Internal Revenue Service
by Transferee and that any false statement contained herein could be punished by fine,
impnsonment, or both
Under penalties of perjury Transferor declares that it has examined this certification and to
the best of its knowledge and belief this certification is tnie, correct, and complete The
undersigned agent declares that he has the authonty to sign this document on behalf of
Transferor
TRANSFEROR.
CITY OF REDLANDS, a municipal
corporation
By:
• 'ATTEST: .
ne:Donaldgin,�ity Clerk
�t •. .�.•
Paul W Foster, Mayor
DIANA RAINS
Notary Public California
San Bernardino Contuy
f fir
Commission* '2175775 fi
3 C2 m_ Ex?,irea Dec 16.24211
A notary public or other officer completing this
certificate verified only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document
STATE OF CALIFORNIA )
SS
COUNTY OF San Bernardino )
On in CL' L .h T , 2O , before me, Diana Rains , Notary Public,
personally appeared Paul W. Foster and Jeanne Donaldson , who proved to
me on the basis of satisfactory evidence to be the person .Jwhose name st } i'sylare subscribed to the
within Instrument and acknowledged to me that heshefthey/executed the same in ths/Hbdtheir
authorized capacity(Oand that by liiWh /their signature(J)on the instrument the person} or
the entity upon behalf of which the person s cted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
avtt %[..est.n..7)
Notary Public
In and For Said County and State
EXHIBIT "Fn
QUITCLAIM DEED
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk's Office
City of Redlands
P O. Box 3005
Redlands, CA 92373
AZO -A07031.1 -/O
0 Electronically
Recorded In Ofticlal Records
County of San Bernardino
Bob Dutton
Assessor -Recorder -County Clerk
DOC# 2020-0080711
03A06/2020 Titles. Z Pages. 6
03:58 PM
SAN Fees
Taxes
08487 CA 002 Fee
Total
$29.00
50.00
0.00
529.00
THE UNDERSIGNED GRANTOR DECLARES
DOCUMENT TRANSFER TAX EXEMPT**
COMPUTED ON THE CONSIDERATION OR VALUE OF PROPERTY CONVEYED; OR
COMPUTED ON THE CONSIDERATION OR VALUE LESS LIENS OR
ENCUMBRANCES REMAINING AT THE TIME OF SALE
APN 0170-191-40-0000
QUITCLAIM DEED FOR EASEMENT INTEREST
FOR VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED, THE CITY OF REDLANDS HEREBY REMISES, RELEASES AND
FOREVER QUITCLAIMS TO
University of Redlands, an IRS section 501(c)(3) Nonprofit Corporation
ITS EASEMENT INTEREST AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO, IN
THE REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, DESCRIBED AS ASSESSOR PARCEL NO 0170-191-40-0000.
See the attached Exhibit A
DATE /4J2 Q City of Redlands, a murucipal corporation
G2Uta Lk.c3S$)--,—
Paul W Foster, Mayor
ATTEST:
Jeanne Donaldson, City Clerk
DOC #2020-008071 1 Page 2 of B
A notary public or other officer completing this
certificate verified only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA 3
ss.
COUNTY OF Scn .Y frc rat tits )
On , 20 , befoic me, Cl�.O (\ S
, Notary Public, personally appeared 1'C __ U,`, t a •_I k kCI.SOA
, who proved to me on the basis of satisfactory evidence to be the perso whose n= s
isfare subscribed to the within ins ment and acknowledged to me that'tefheftheyfexecuted the same yi
hisiherfthetr authonzed capacit and that b asffibdtheir signature( on the instrument the persons ,
or the entity upon behalf of which the person s� acted, executed the insvument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct
WITNESS my hand and official seal
1� R Aft. &AL.
A
Notary Public
In and For Said County and State
DOC #2020-00807.11 Page 3 of 6
EXHIBIT "A"
EASEMENT
DOC #2020-0080711 Page 4 of 6
s.
a
£ASEMF;8T 60
5 75 > 76t t
THIS AGREEMENT. remade and entered into this of—garnet of/eat VW—. '
7
by and between
4enCid Ss Rubin
ft -
hereinafter called "Owner'. their heir*. executors. Administrator a, agents or
assigns. and the City of Redlands, a municipal corporation of the State of .r
California. hereinafter called "City", its assigns and successor: in interest. ~
WITNESSETH:
WHEREAS, Owner has title to and owns that reel estate and real property
located in County of San Bernardino. State of California.
described as follows:
"te r.•nrth 20 feet of :ni.. 1., I., 13, op.! '.� �]e F: ":"'s
r't. re •arde. it• :cc 1, rf ':riz, : ace YC, carnia of
au'.d C'•.ntp-
AND WHEREAS, City desires tete to overate rehielcc ever the atowe
:eslribed rrorert, for access to Lott 5 threr3grr 10, Stock eF", Lugonla Fork,
as per plat recorded in 3cutc 4 et ?Sur, Pale 50, Records of aafd County.
NOW THEREFORE. it is hereby agreed as follows:
The Owner does hereby grant. assign and set over to City an easement and right
is rarfors the above described irk, is c.a.-ter -err _: sc-repo to rn::.tr gr r• • . .
a'? fa:.:? itua and r] ant !late -re laced on the si twc AA:. : bnc 1c t, c i. r tho ?ij t
•rus•ed 17, t -1.t earcnc:t, at it:. e.— .•a:n*sr :-6 at ..,-" '_'! s: `g'r . _b c t--.7^,-
crce tay • o r ri.:irt.
TO HAVE AND TO HOLD the said easement. right and right-of-way unto the
City. its s &cct,sars or assign& fora period of indefinite duration
IH WITNESS Wi1EALOT, the parties have hereunto set their hands and seals
thts_e_day of Cff,4..E4
1963
•
•
r
10•10 I 4 1...
DOC #2020-0080711 Page 5 of 6
t
SUMO/ CALIFORPRik
Cool Bat Bernardino
va Jit 5 t3 noire....
t►r .ud.rtE.ot . Way erne b ..a be .rd Climb
wi tatr.. ram* samba
Is he it mom wlot. +rr.r_
artietaArA b Itr rret4 baron.. , & .derri.dpr te
rr tInt —Jo—imolai Bombe.
an.om
2Ak ~i' 1 lobs bomb* at my load ..a
.'YIna-- • -�-
Jroley isiwk le,nl fop ..if Cobb ..i Stan.
BUM 1 MRS 1r.
:,r.n'-ra.rdine Dp•T'7. dole.
Bea -ii 3Ni
t.:.UL 1'0
r _
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eax5975 m:762
SPACE BELLOW FOR BECORDEll USE MT
f7
nit
bt 13 132 11I13
ertr5975 ma761
tgraolsgerlaWiltdatj
L
a
41' PP" /P
ra-
CRtfl!P1C.1TZ CP 4.ectn,.si
Easement
This ! it, certify the. the igttrttt is rest pritmrt_+ ssngrd;•a3 's;
r 3 1 -11f13111.1.5.. • 1P 5j: grow:
t to the City et Pea a^_15 S paLitieol
corporation nn3/er arov.,resaoni:.1 ns.+:Cy is brr.bj ececz.ad b: rt. .! tb
City C:,anail ra-_ Aumti .. Q 3$ •cad the aritar., .. _ • e:
retordatfan tberoof by its dnly nailtrriasr: officer
Bated.' At1Atget 22
Eye.
•00?=MIT
•'Irs11N i1"0
t
a
p
PETER ALDANA
COUNTY OF RIVERSIDE
ASSESSOR -COUNTY CLERK -RECORDER
DOC #2020-0080711 Page 6 of 6
Recorder
P O. Box 751
Riverside, CA 92502-0751
(9SI ] 486-7000
www riversrdeacrcvm
CERTIFICATION
Pursuant to the provisions of Government Code 273661.7, I certify under the penalty of perjury
that the following is a true copy of illegible wording found in the attached document.
(Print or type the one number(s) and wordjno below)
THE NORTH 20 FEET OF LOTS 11, 12, 13 AND 14 BLOCK "H" , LUGONIA PARK,
AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 50, RECORDS OF
SAID COUNTY.
AND WHEREAS, CITY DESIRES THE RIGHT TO OPERATE VEHICLES OVER THE
ABOVE DESCRIBED PROPERTY, FOR ACCESS TO LOTS 5 THROUGH 10, BLOCK
"H" , LUGONIA PARK, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 50,
!RECORDS OF SAID COUNTY
:THE OWNER DOES HEREBY GRANT, ASSIGN AND SET OVER TO CITY AN
iEASEMENT AND RIGHT TO PERFORM THE ABOVE DESCRIBED WORK THE
GRANTEE HEREIN AGREES TO REMOVE OR RELOCATE ALL FACILITIES AND
PLANT FIXTURES PLACED ON THE ABOVE DESCRIBED LOT, UNDER THE RIGHT
ICREATED BY THIS EASEMENT, AT ITS OWN EXPENSE AND AT SUCH TIME AS
;THE PUBLIC CONVENANCE MAY SO REQUIRE
Date: 03/05/2020
Signature
Print Name' CYNTHIA KACK
ACR 601 (Rev 09/2005)
Available in Alternate Formats
EXHIBIT "O"
EASEMENT DOCUMENTS
1
•
w
•
EASEMENT
era 5975 N 781
THIS AORLEMENT, made and entered into thishday
by and bdttveen rt
r w
hereinafter called "Ov;Tier", their heirs, executors, administrators, agents or
assigns, and the City of Redlands, a municipal corporation of,the State of
California, hereinafter called "City". its assigns and successors in interest.
WITNESSETH:
:ti':' •
WHEREAS, Owner has title to and owns that real estatt wand real property
located in , County of San Bernardino, State of California.
described as follows:
The north 20 fest of Lots 11, 12, 13, and , Block nll“, Laval
Park, as per plat recorded in Bevis 4 of Maps, Page 50, Records of
said County.
AND WHEREAS, City desires the right to operate vehicles over the above
deecri'ed property, for access to Lobe 5 through 10, Bleak "1!", Lugonia Park,
se per plat recorded in Book ll of ?laps, page 50, Records of said County.
NOW THEREFORE, it is hereby agreed as follows:
The Owner doae hereby grant. assign and set over to City an easement and right
to perforrs the above described work. The grentee herein agrees to remora or relocate
ell facilities ai.Q plant fixtures placed on the above described lot, under the right
oreated by this eaeenent, at its own expense and at such tine as thy: pubiio aonyee-
lence nay so require.
TO HAVE AND TO HOLD the said easement, right and right-of-way unto the
City, its successors or assigns fora period of indefinite duration
IN WITNESS WHEREOF, the parties have hereunto sat their hands and seals
this - day of al"_,rr.l , ig(a,
1
1
•
&WI Ca1;713231L4
comfy sea a
u.
ow Aiyguot 5 1 5eror7 ma
ebe uodenirrud, a Noh,Y .1hubla to sad far east CcpalY
PA penanady aypueed
os.d S. Rubin m„wn m
Pa be the su'aon__ whose vu— IA
iducaOd l9 tits wlttdss Ii itiumank ;oberSe4sd to
me tint _lot— eeeeueml eta rune.
le►a�r, I Leen Lnu
ix{o let ear 3uod and
Mau,
Few t., a . .,.:.
hhtary Fiat Aa and 1e. mkt Coensy and Ssesa.
UilTRA B, 121178 leo. Fab.
Sen Bernardino pasi'y, Coat
V7Cos= Exp Bea. Les, 1965
aiA1L 'SU
eaa5375 p,,eE762 ..
sPAe BELOW FOR ascannER3 MSR ONLY
537 WS
'
ET OF
Aum 23 1 32 PH '63
X5975 pAgE761
ni aeu
a
e"•ta+te!
PICA fl OF ACcram
Easement
This fa to certify that tha interest in rola property oouvoyed by illeth•44 dated , 10,x, from Ger4d S. Rat th
to the City of Badlands, a political
corporation and/or gevornaseatal agency 3t !molly p000ptad by order of the
City C6anoil on A1}rcusI 2Q ,e Ie. , add tho Croute* aoaanuto to
rfoordntion therstof by its duly authorised *Moor.
naiads Auguat 22 1111.2.•
END of DDotrwT
1