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HomeMy WebLinkAboutDeeds & Easements-NT1-03_CCv0001.pdf Recorded in Official Records, County of San Bernardino 8101/2003 ng I:00 PM LARRY WALKER DA RECORDING REQUESTED BY A --i-ii"Z4 Auditor/Controller — Recorder x o° 604 CommonWeailth Title REDEVELOPMENT AGENCY OF THE CITU O REDLA� Attention: John Davidson, City Manager Doc#: 2003—0569857 Titles: 1 Pages: 3 P. O. Box 3005 Fees 0.09 Redlands, CA 92373 Taxes 0.00 Other 0.00 PAID $0,g0 Space Above This Lime for Recorder's Use Only A.P.N.: 169-281-23 Order No.: 6066151.6-92 Escrow No.: 20479-JB GRANT DEED THE UNDERSIGNED GRANTOR(s)DECLARE(s)THAT DOCUMENTARY TRANSFER TAX IS:COUNTY S NONE ] computed on full value of property conveyed, or computed on full value less value of liens or encumbrances remaining at time of sale, ] unincorporated area; [*1 City of Redlands , and FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged, THE SANTA FE ANNEX, a California limited partnership hereby GRANT(S)to REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, a public body, corporate and politic the following described property in the City of Redlands, County of San Bernardino State of California; Portion of Lot 18 and Lots 20 through 26 inclusive and a vacated alley lying adjacent to the south line of said Lot 20, Block C of the Central Townsite Subdivision, in the City of Redlands, County of San Bernardino, State of California, more particularly described in Exhibit "4" attached hereto and made a part hereof. Document Date: July 24, 2003 THE SANTA FE ANNEX, a California limited at t ership By: J "?11C}Fts a I?artuer By: RONALD 6. MOORE, General Partner GRANT DEED CONTINUED ON NEXT PAGE. Mail Tai: Statements to: SAME AS ABOVE or Address Noted Below Escrow No. 20479-JB Exhibit "A" An Irregular shaped parcel of land in the City of Redlands, County of San Bernardino, State of California, being all those portions of Lots 18, 20, 21 to 26, Inclusive and the 15 foot wide alley (now vacated) lying Southerly of said Lot 20, all being in Block "C" of the Central Townsite, as said Lots and alley are shown on Plat recorded In Book 8 of flaps, mage 57, records of said County, more particularly described as follows.- Beginning ollows;Beginning at a point In the Easterly line of said Lot 26, distant Northerly along said Easterly line 14.10 feet from the Southeasterly corner of said Lot 26, thence Northerly along said Easterly line and its Northerly prolongation and along the Easterly line of said Lots 18 and 20, also being the Westerly line of Third Street, 54 feet wide, a distance of 168.90 feet to a point In a line that Is parallel with and distant Northerly 3.00 feet, measured at right angles from the Northerly line of said Lot 20, said parallel line also being the Southerly line of Stuart Avenue; thence Westerly along said parallel line, 122.00 feet, thence Southwesterly in a direct line 22.63 feet to a point in the Westerly line of said Lot 20, said point being distant Southerly along said Westerly line 13.00 feet from the Northwesterly corner of said Lot 20, thence Southerly along the Westerly line of said Lot 20 and Its Southerly prolongation and along the Westerly line of said Lot 21, a distance of 152.90 feet to a point In a line that Is parallel with and distant Northerly 14.10 feet, measured at right angles from the Southerly line of said Lots 21 to 26, Inclusive; thence Easterly along said parallel line 138.00 feet to the point of beginning. Excepting and reserving all oil, hydrocarbon substances and minerals of every kind and character lying more than 500 feet below the surface of said land, together with the right to drill Into, through, and to use and occupy all parts of said land lying more than 500 feet below the surface thereof for any and all purposes Incidental to the exploration for and production of oil, gas, hydrocarbon substances or minerals from said or other lands but without, however, any right to use either the surface of said land or any portion of said land within 500 feet of the surface for any purpose or purposes whatsoever, as reserved by David P. Rettig, et al, In Deed recorded May 12, 1988, as instrument No. 86-122368, Official records. A.P.K.: 169-281-23 CONTINUATION OF GRANT DEED STATE OF CAI,,IFOR IA )SS COUNTY OFA On i , —;before me g Rotary ,personally appeared t FS Jl personally known to me(or proved to me on the basis of satisfactory evidence)to be the person{s)whose name(s)islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies)and that by his/her/their signature(s) on the instrument the person(s)or the entity upon behalf of which the person(s)acted,executed the instrument. FITNESS my hand and official seal. Signature F, DENT M.WARD °. Commission#1307349 � Notary Public-California z ZQ� ttrdlrttt County My Jun 19,2m. i CITY OF FROM THE OFFICE OF THE TtIEPIANDS PHONE:(909)798-7531 CITY CLERK FAX:(909)798-7535 PO.BOX 3005 REDLANDS,CA 92373 C A L I F 0 R N I A --mad:�pcyzer@dtyofred1ands.orq September 30, 2003 Office of the Assessor County of San Bernardino 172 West Third Street 4th Floor - Real Property San Bernardino, California 92415 Gentlemen: The City of Redlands Redevelopment Agency has acquired the property described below for public use: Previously Assessed To Date Recorded Property APN The Santa Fe Annex August 1, 2003 169-281-23 At this time, the City of Redlands requests removal of this parcel from the tax rolls and waiver of the taxes. A copy of the grant deed is enclosed for your information. Your assistance is appreciated. Sincerely, ��f(?orr6ie Poy*zer City Clerk LP:brs Enclosures xc: Tina Kundig Finance Director Guardian Escrow, .Ine. "a .: ;r C 101 East Redlands Blvd., Suite 180 Redlands, CA 92373 (909) 793-3147 FAX(909)798-4606 "4.aRtI��. ' SALE ESCROW INSTRUCTIONS TO: Guardian Escrow, Inc. Date:July 3, 2003 Escrow officer:Jeri Bray, CSEO Escrow Number:20479-JB R.EDE VEI.OPNIENT AGENCY OF THE CITY OF REDLANDS, a public body, corporate and politic, (hereinafter referred to as Buyer) agree to purchase from SANTA FE ANNEX, a California limited partnership, (hereinafter referred to as Seller) the real property set forth herein per the terms, conditions, consideration and instructions hereinafter stated. The Seller and Buyer herein shall deliver these signed escrow instructions to Guardian Escrow, Inc., (hereinafter known as Escrow Holder). Terms of Transaction I will deposit, prior-to close of escrow, the sum of $ 262,500.00 To Complete the Total Consideration of $ 262,500.00 Furthermore, I/We, the undersigned Buyer, will execute and deliver any instruments and/or funds which this escrow requires of the Buyer to show title as called for, all of which you are instructed to use on or before August 1, 2003, provided you hold a Policy of Title insurance issued through Commonwealth Land Title Company (the title company selected by the parties), with the usual title company's exceptions, with a liability of not less than $262,500.00, covering property in the County of San Bernardino , State of California, described as follows: Portion of L,ot. 1,8 and Lots 20 through 26 inclusive and a vacated alley lying adjacent to the south line of said Lot 20, Block C of the Central Townsite Subdivision, in the City of Redlands, County of San Bernardino, State of California, more particularly described in Exhibit "A" attached hereto and made a part hereof. COMMONLY KNOWN As: 205 West Stuart Avenue, Redlands, CA 92374 ASSESSOR PARCEL NUMBER(S): 1.69-281-23 SttOwtNtt TrrtNE VESTED IN: REDEVELOPMENT AGENCY OF TIIE CITY OF REDLANDS, a public body, corporate and politic SIJBJE,CT ONE.Y TO? (1) Current property taxes. (2) A lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. (3) Assessments and Bonds, if any, including all liens of assessment pursuant to the provisions of the Mello-Roos Community Facilities Act, not delinquent, unpaid balance to be assumed by Buyer. (4) Any covenants, conditions, restrictions, reservations, rights, rights of way and easements of record, or in deed to file, and any exception of water, minerals, oil, gas, and kindred substances, on or under said land, now of record, or in deed to file. ESCROW INSTRUCTIONS 1. Escrow is not to be concerned with any fire or other hazard insurance covering subject property. 2. Buyer will furnish resolution authorizing the acquisition of the subject property, together with Certificate of Acceptance of the Deed; which documents are to be sufficient, and are to accompany the grant deed when delivered, to Commonwealth "Title Company for recording. 3 Regardless of Additional Escrow Instructions set forth hereinafter to the contrary, all fees, costs and charges in this escrow will be paid by Buyer, including but trot limited to, title policy fee, escrow fee, documentary transfer tax and costs of Guardian Escrow, Inc. Date: July 3, 2003 Escrow No.: 20479,111 4, Seller will hand you its Statement of Partnership and/or copy of its partnership agreement, as required by Commonwealth Title Company for the issuance of its policy of title insurance. 5 In the event Buyer or Seller utilize "facsimile" transmitted signed documents (via Panafax, Telefax, Nefax, etc.), Buyer and Seller hereby agree to accept same and instruct you as escrow holder to rely upon such documents as if they bore original signatures. Buyer and Seller hereby acknowledge and agree to provide to you, within 72 hours of transmission, any such documents bearing the original signatures. Buyer and Seller further acknowledge and agree that any promissory note, document required by a third party in conjunction with this escrow, payment order, or document in this escrow which is to be recorded in an office of the County Recorder, must be the original of such document, bear original signature(s) and be deposited with escrow holder prior to close of this escrow. 6. As a matter of record, with which Escrow Holder is not to be further concerned: These instructions are not intended to amend or supersede any provisions of the Agreement for Purchase and Sale dated June 17, 2003, covering the subject property, and entered into by the par-ties prior to the opening of this escrow. ADDITIONAL ESCROW INSTRUCTIONS 1. All funds received in this escrow shall be deposited with a State or National bank with other escrow funds. Make disbursements by your check; checks not presented for payment within six months after date are subject to service charges in accordance with your schedule in effect from time to time. Make all adjustments and pro-rations on the basis of a 30-day month. "Close of Escrow" is the date instruments are recorded. All documents and funds due the respective parties herein are to be mailed to the addresses set out below their respective signatures unless otherwise instructed. Our signatures on any documents and instructions pertaining to this escrow indicate our unconditional approval of same. Whenever provision is made herein for the payment of any sum, the delivery of any instrument or the performance of any act "outside of escrow", you as escrow holder shall have no responsibility therefor and shall not be concerned therewith, Documentary Transfer Tax is to be computed on full value of property conveyed (or full value less remaining encumbrances, if applicable) and will be paid by Seller/Grantor unless otherwise stated. In the event the amount of the Total Consideration is amended by the parties during the term of this escrow, you are authorized to correct the amount of the Documentary Transfer Tax on the deed, without further instructions required. 2. The parties to this escrow are made aware that escrow holder has no obligation to verify signatures of any of the parties involved, 3. You shall not be responsible for the following: (1) the sufficiency or correctness as to form, manner of execution or validity of any documents deposited in this escrow; (2) the identity, authority, or right of any person executing the same, either as to documents of record or those handled in the escrow; or(3) the failure of any party to comply with any of the provisions of any agreement, contract or other instrument filed or deposited in this escrow or referred to in those escrow instructions. Your duties shall be limited to the safekeeping of money and documents received by you as escrow holder and for the disposition in compliance with the written instructions accepted by you in this escrow. You shall not be required to take any action regarding the collection, maturity, or apparent outlaw of any obligations deposited with you unless otherwise instructed in writing. Your liability as escrow holder shall be confined to the things specifically provided for in my written instructions in this escrow. 4. Where the assignment of any insurance policy from Seller/Grantor to Buyer/Grantee is concerned, Seller/Grantor guarantees to you any insurance policy handed you in this escrow is policy in force, the policy has not been hypothecated and that all necessary premiums have been paid. You are authorized to execute on behalf of the parties assignments of interest in any insurance policy (other than title insurance policies) called for in this escrow, you are authorized to transmit for assignment any insurance policy to the insurance agent requesting that the insurer consent to such assignment, to request that a loss payee clause or such other endorsements as may be required be issued, and to forward such policy to the lenders and entitled parties. You shall not be responsible for verifying the acceptance of the request for assignment and policy of insurance by the insurance company. The parties mutually agree that you will make no attempt to verify the receipt of the request for assignment by the issuing insurance company. All parties are placed on notice that if the insurance company should fail to receive the assignment, the issuing company may deny coverage for any loss suffered by Buyer. It is the obligation of the insured or the insured's representative to verify the issuing company's acceptance of the assignment of the policy, 5. You are not to be held responsible in any way whatsoever for any personal property tax which may be assessed against any fnrmt-r or nrozom munpr tif t1w, eilh;ppt n'n—i" 'i...r;)­A ;,, th— ­­­ i—t—ot.—, — 47—the ....... — 1--- — -C Guardian Escrow, Inc. Date: July 3, 2003 Escrow No,: 20479-JB 6. If it is necessary, proper or convenient for the consummation of this escrow, you are authorized to deposit or have deposited funds or documents, or both, handed you under these escrow instructions with any duty authorized sub-escrow agent, including, but not limited to, any bank, trust company, title insurance company, title company, savings and loan association, or licensed escrow agent, subject to your order at or before close of escrow in connection with closing this escrow, Any such deposit shall be deemed a deposit under the meaning of these escrow instructions. 7. The parties to this escrow have satisfied themselves outside of escrow that the transaction covered by this escrow is not in violation of the Subdivision Map Act or any law regulation land division, zoning ordinances or building restrictions which may affect the land or improvements that are the subject of this escrow, You, as escrow holder, are relieved of all responsibility and liability in connection with such laws, ordinances, restrictions or regulations and are not to be concerned with any of their enforcement, & If any form of Purchase Agreement or amendment or supplement (collectively "Purchase Agreement") is deposited in this escrow, it is understood that such document shall be effective only as between the parties signing the Purchase Agreement. You, as escrow holder, are not to be concerned with the terms of any Purchase Agreement and are relieved of all responsibility for the enforcement of its terms. Your only duty is to comply with the instructions set forth in the escrow instructions. You are not responsible for interpreting or acting on any provision of any Purchase Agreement on which these escrow instructions may be based, and you shall not rely on any knowledge or understanding you may have of any such Purchase Agreement in ascertaining or performing your duties as escrow holder. In connection with any loan transaction, you are authorized to deliver a copy of any Purchase Agreement, supplement or amendment deposited with you, to the lender. You are authorized and instructed to furnish to any broker or tender identified with this transaction, or anyone acting on behalf of such lender, any information concerning this escrow, copies of all instructions, amendments and statements upon request. 9, You shall make no physical inspection of the real property or personal property described in any instruments deposited in, or which is the subject of this escrow. You have made no representations or warranties concerning any such real property or personal property and are not to be concerned with nor liable for the condition of real property or personal property. 10, At close of escrow, a policy of title insurance is to be secured for benefit of Buyer as provided in Page I of the Escrow Instructions and, if applicable, for new encumbrance holderts) in amount of the encumbrance from the same title company. The parties authorize the recordation of any instrument delivered through this escrow if necessary or proper for the issuance of the required policy of title insurance or for the closing of this escrow, Funds, instructions or instruments received in this escrow may be delivered to, or deposited with, any title insurance company or title company to comply with the terms and conditions of this escrow. In the event the Total Consideration and/or the amount of new encumbrance(s) are changed by the parties during the term of this escrow, the liability of the policy(ies)of title insurance to be issued through this escrow are changed accordingly, without further instructions required. 11. If the (late by which any party's performances are due shall be other than your regular business day, such performances shall be due on your next succeeding business day. 12. You shall conduct no lien or title search of personal property regarding the sale or transfer of any personal property through this escrow. Should the parties desire that you conduct a lien or title search of personal property, the parties requesting the same shall deliver separate and specific written escrow instructions to you along with air agreement to pay your additional escrow fees. 13. You shall not be responsible in any way whatsoever nor are you to be concerned with any question of usury in any loan or encumbrance, whether new or of record, which may arise during the processing of this escrow. 14. The parties agree to deliver to you all documents, instruments, escrow instructions and funds required to process and close this escrow in accordance with its terms. 15, You are instructed to provide title to the subject real property in the condition identified in the escrow instructions by tire parties, which title condition shall be evidenced by that shown in the policy of title insurance secured from the title company selected by the parties, on which you may rely. You are not responsible for the contents or accuracy of any beneficiary demands and/or beneficiary statements delivered to you by the existing lienholders. You are not to be responsible in any way whatsoever nor to be concerned with the terms of any new loan or the content of any loan documents obtained by any party in connection with this escrow except to order such loan documents into the escrow file, transmit the loan documents to Buyer for execution and transmit the executed loan documents to lender. The parties understand and agree that you are not involved nor concerned with the approval and/or processing of any loan or the contents and effect of loan documents prepared by a lender. ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowledgment of the foregoing. Seller Initials: Buyer Initials: Page 3 Guardian ESCrow, Inc. Date: July 3, 2003 Escrow No,: 20479-JB 16, Any pro-ration of rentals is to be based on rental statement handed you by the Seller/Grantor. You are to consider that Seiler/Grantor will collect all rents which fall due prior to the close of escrow, unless he instructs you in writing to the contrary. No adjustment against the Buyer/Grantee on uncollected rents is to be made, Any pro-ration of taxes is to be based on latest tax statement available. You are not responsible for any personal property tax and/or supplemental taxes which may be assessed to the Seller/Grantor or any former owner of the property described herein, nor for the corporation or license tax of any corporation as former owner. If this escrow provides for the transfer of water stock at close of escrow, unless otherwise stated herein, all encumbrance holders at close of escrow shall be named as pledgee, as their interests appear, and said stock, upon reissue after close of escrow, is to be delivered to the first pledgee, and if no pledgee to the new record owner. 17. The parties expressly indemnify and hold you harmless against third-party claims for any fees, costs or expenses where you have acted in good faith, with reasonable care and prudence and/or in compliance with these escrow instructions. M The Federal Tax Reform Act of 1986, as amended, and the California Revenue &Taxation Code, require certain transactions to be reported to the Internal Revenue Service and the California State Franchise Tax Board. In those transactions Seller will tornish a correct tax identification number to you so you can report this transaction as required by law. Seller understands that Seller may be subject to civil or criminal penalties for failure to do so. If requested, you are authorized to furnish the Buyer with a copy of Seller's completed State of California Franchise Tax Board Withholding Exemption Certificate and Nonresident Waiver Request for Real Estate Sales Form 597-W, 593-C, 593-L, 593-W or other applicable State of California Franchise Tax Board Withholding Exemption Certificate furnished by Seller, 19. The parties agree that you have the responsibilities of an Escrow Holder only and there are no other legal relationships established in the terms and conditions of the escrow instructions. In connection with this escrow: (1) you shall have no duty or responsibility of notifying any of the parties to this escrow of any sale, resale, loan, exchange or other transaction involving any of the subject real property or personal property; (2) you shall have no responsibility or duty to disclose any benefit, including, but not limited to financial gain, realized by any person, firm or corporation involving any of the subject real property or personal property; and (3) you shall have no responsibility or duty to disclose any profit realized by any person, firm or corporation including, but not limited to, any real estate broker, real estate sales agent and/or a party to any other escrow, in connection therewith, although such other transaction may be handled by you in this escrow or fit another escrow transaction. If, however, you are instructed in writing by any party, Lender or other entitled person to disclose any sale, resale, loan, exchange or other transaction involving any of the subject real property or personal property or any profit realized by any person, firm or corporation to any party to this escrow, you shall do so without incurring any liability to any party. You shall not be liable for any of your acts or omissions done in good faith nor for any claims, demands, losses or damages made or suffered by any party to this escrow, excepting such as may arise through or be caused by your willful neglect or gross misconduct, 20. Parties acknowledge that pursuant to the California Revenue&Taxation Code a Change of Ownership Report is required by the county recorder to be completed and affixed to any documents submitted for recording which evidence a conveyance of title. The Change of Ownership Reports shall be furnished by you to the applicable parties for completion and execution. Parties are aware that if forms are not completed in full, signed and returned to you prior to closing, penalties will be assessed by the county recorder. If any Change of Ownership Report is not filed after the close of escrow within the time limits set forth by the county recorder, or the report is rejected by the county recorder for any reason, severe penalties will be assessed. Escrow holder's responsibility with regard to the Preliminary Change of Ownership Report(s) is limited to its delivery of same, as deposited by the parties, to the title company named in this escrow. For information and assistance in completing the Change of Ownership form, Buyer may contact the County Recorder and Assessors offices in the county in which the subject property is located. 21. The parties shall cooperate with you in carrying out the escrow instructions they deposit with you and completing this escrow, 'The parties shall deposit into escrow, upon request, any additional funds, instruments, documents, instructions, authorizations, or other items that are necessary to enable you to comply with demands made on you by third parties, to secure policies of title insurance, or to otherwise carry out the terms of their instructions and close this escrow. Should you, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect,to this escrow or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to continence or defend any actions or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages,judgments and expenses, including reasonable attorneys' fees suffered or incurred by you, arising out of, connected with, or incidental to this escrow, including but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged front all obligations further to perform any and all duties imposed upon you in this escrow. ADDITIONAL INSTRUCTIONS ATTACHED 11ERFT0 AND AIADE A PART HEREOF Aly initials below represent my agreement and acknowledgment of the foregoing, Seller Initials: Buyer Initials:)61 Page 4 Guardian Escrow, Inc. Date: July 3, 2003 Escrow No.: 2047948 In consideration of your undertaking to act hereunder, I agree to pay, when called upon by you so to do, for all services performed for me, together with all charges, expenses, and costs incurred or paid for me by you as customarily allocated, unless the Escrow Instructions set forth hereinabove provide to the contrary. All of the parties to this escrow, jointly and severally, promise to pay promptly on demand, as well as to indemnify you and to hold you harmless from and against all administrative governmental investigations, audit and legal fees, litigation and interpleader costs, damages, judgments, attorneys' fees, arbitration costs and fees, expenses, obligations and liabilities of every kind (collectively "costs") which in good faith you may incur or suffer in connection with or arising out of this escrow, whether said costs arise during the performance of or subsequent to this escrow, directly or indirectly, and whether at trial, or on appeal, in administrative action, or in an arbitration. You are given a lien upon all the rights, titles and interests of the parties and all escrow papers and other property and monies deposited into this escrow to protect your rights and to indemnify and reimburse you, You may deduct from my net proceeds tiny amount I may owe you in any other matter. If the parties do not pay any fees, costs or expenses due you under the escrow instructions or do not pay for costs and attorneys' fees incurred in any litigation, administrative action and/or arbitration, on demand, they each agree to pay a reasonable fee for any attorney services which may be required to collect such fees or expenses, whether attorneys' fees are incurred before trial, at trial, on appeal or in arbitration. 21 All notices, demands and instructions must be in writing. No notice, demand, instruction, amendment, supplement or modification of these escrow instructions shall be of any effect in this escrow until delivered in writing to you and mutually executed by all parties. All escrow instructions may be executed in counterparts, each of which shall be deemed all original regardless of the date of its execution and delivery. All such counterparts together shall constitute the same document. The parties acknowledge and understand that you, as escrow holder, are not authorized to practice the law nor do you give financial advice. The parties are advised to seek legal and financial counsel and advice concerning the effect of these escrow instructions, 'The parties acknowledge that no representations are made by you about the legal sufficiency, legal consequences, financial effects or tax consequences of the escrow instructions. 23. Notwithstanding any other provisions in these escrow instructions and in addition to other fees and costs to which you may be entitled, the parties,jointly and severally, agree that if this escrow is not consummated within ninety (90) days of the date set for closing, you are instructed to, and without further instructions, withhold your escrow hold open fee of $50.00 per month from the funds oil deposit with you regardless of who deposited such funds. The parties,jointly and severally, further agree that if you are, for any reason, required to hold funds after close of escrow, you are instructed to, and without further instructions, withhold an escrow fee of$50.00 per month from the funds on deposit with you regardless of who deposited such funds. Tire parties irrevocably instruct you to automatically cancel this file without further instructions when all funds on deposit have been disbursed. 24. If the conditions of this escrow have not been complied with prior to the expiration of time provided for herein, or any extension thereof, you are nevertheless to complete the escrow as soon as the conditions, except as to time, have been complied with, unless written demand shall have been made upon you not to complete it. Your escrow-holder agency shall terminate six (6) months following the date last set for close of escrow and shall be subject to earlier termination by receipt by you of mutually executed cancellation instructions. If this escrow has not closed or cancelled within the prescribed six-month period, you shall have no further obligations as escrow holder except to disburse funds and documents pursuant to written escrow instructions or to interplead or otherwise dispose of funds and documents in accordance with a validly issued and validly served order from a court of competent jurisdiction. The parties,jointly and severally, agree that if this escrow cancels or is otherwise terminated and not closed, the parties shall pay for any costs and expenses which you have incurred or have become obligated for under these escrow instructions, including, but not limited to, attorneys' fees, arbitration fees and costs and reasonable escrow fees for the services rendered by you; the parties agree that such costs and expenses shall be paid and deposited in escrow before any cancellation or other termination of this escrow is effective. The parties agree that said charges for expenses, costs and fees may be apportioned between Buyer and Seller in a manner which, in your sole discretion, you consider equitable, and that your decision will be binding and conclusive upon the parties, Upon receipt of mutual cancellation instructions or a final order or judgment of a court of competent jurisdiction with accompanying writs of execution, levies or garnishments, you are instructed to disburse the escrow funds and instruments in accordance with such cancellation instruction, order or judgement and accompanying writ and this escrow shall, without further notice, be considered terminated and cancelled. 25. If`any check submitted to you is dishonored upon presentment for payment, you are authorized to notify all parties to the within escrow, their respective real estate brokers/agents and any other person or entity you deem, in your sole discretion, necessary to notify, ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent toy agreement and acknowledgment of the foregoing, Seller Initials: Buyer Initials: 10 Page 5 Guardian Escrow, Inc. Date: July 3, 2003 Escrow No.: 20479-JB 26. The parties agree to release you from any and all liability of any kind or nature and to indemnify you from any loss, damages, claims,judgments or costs of any kind or nature resulting from or related to the release or discharge of hazardous or toxic wastes on the subject property whether it occurred in the past or present or may occur in the future which release or discharge is in violation of law, in excess of any state and federal standards, permit requirements and/or disclosure requirements existing at this time or which may exist at a future time. The parties represent that they made their own assessment of the condition of the subject property and have not relied on any of your representations in making the assessment. The parties are advised to seek independent legal and technical environmental expert advice in assessing the risks associated with potential hazardous or toxic wastes. 27. All parties to this escrow understand and agree that the title company named in these escrow instructions has been selected by the parties. All parties understand and agree Guardian Escrow, Inc. assumes no responsibility for any loss or delay encountered in the delivery of the loan funds to escrow holder, nor with the payoff of any existing loans and encumbrances, by the said title company; Guardian Escrow, Inc., is hereby held to be harmless as to any such loss or delay, 28. All parties acknowledge being advised that Jeri Bray: (1) is an escrow officer and the general manager of Guardian Escrow, Inc., and (2) is an officer and stockholder of Guardian Escrow, Inc., and Inland Brookside Services, Inc_ each California corporations. 29. In these escrow instructions, wherever the context so requires, the masculine gender includes the feminine and/or neuter and the singular number includes the plural. 30. The legal descriptions(s), street address(es), if any, and assessor parcel number(s) set forth in this escrow have been furnished by the Seller/Grantor and approved by the Buyer/Grantee, on which you may rely. 31. You are authorized to destroy or otherwise dispose of any and all documents, papers escrow instructions, correspondence and records or other material constituting or pertaining to this escrow at any time after five (5) years from the date of: (1) the close of escrow: (2) the date of cancellation: or(3) the date of the last activity; all without liability and without further notice to the parties. ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PARTHEREOF My initials beton,represent my agreement and acknoidedginent of the foregoing, Seller Initials: Buyer Initials /0 Page 6 Guardian Escrow, Inc. Date: July 3, 2003 Escrow No.: 20479-JB PRORATE ANIXOR ADJUST THE FOLLOWING AS OF DATE OF CLOSE OF ESCROW: Real Property Taxes for the fiscal year using as a basis for said prorations the latest tax figures available as disclosed by the title company's preliminary report and subsequent verification of same with the title company at close of escrow. PARTIES ARE AWARE THAT DUE TO PROVISIONS OF PROPOSITION 13 AND SENATE BILL 813 (1983), STATE OF CALIFORNIA, THERE MAY BE SUPPLEMENTAL TAX BILLS IN THE PROCESS OF BEING ISSUED DUE TO ANY RECENT CONSTRUCTION OR CONVEYANCE OF SUBJECT PROPERTY, AND IN ALL PROBABILITY THERE WILL BE SUPPLEMENTAL BILL(S) DUE TO THE CONVEYANCE(S) IN THIS ESCROW. ESCROW HOLDER CANN OTASCERTAIN AND WILL NOT BE CONCERNED WITH ANY SUCH MATTERS IN THE PRORATIONS TO BE MADE HEREIN. GUARDIAN ESCROW, INC., A CALIFORNIA CORPORATION IS LICENSED AS AN ESCROW AGENT BY THE DEPARTMENTOF CORPORATIONS OF THE STATE OF CALIFORNIA. ALL PARTIES TO THIS TRANSACTION, JOINTLY AND SEVERALLY, ACKNOWLEDGE RECEIPT OF A COMPLETE COPY OF THE WITHIN ESCROW INSTRUCTIONS AND BY OUR SIGNATURES SET FORTH BELOW, ACKNOWLEDGE THAT WE HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN, IN THEIR ENTIRETY. Buyer's Signature: REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, a public body, corporate and politic By:- --7 -7 KARL N. HAWS, Chair By:___e- VII JO D II 6X,­Xecutive Director I ! ATTEST: Address: Attention: Jo�n Davidson, City Manager, P. O. Box 3005 Redlands, CA 92373 The foregoing terms, provisions, conditions and instructions are hereby approved and accepted in their entirety and concurred in by me. I will hand you necessary documents called for on my part to cause title to be shown as set out herein, which you are authorized to deliver when you hold or have caused to be applied to funds set forth herein within the time as herein provided. You are authorized to pay on my behalf, my recording fees, charges for evidence of title as called for whether or not this escrow is consummated, except those the buyer agreed to pay, You are hereby authorized to pay bonds, assessments, taxes, and any liens of record, including prepayment penalties, if any, to show title as called for. Seller's Signatures: SANTA FE ANNEX, a California litnited partnership JOHNNY W. MOORE, General Partner Address: P. O. Box 790, Redlands, CA 92373 - - END OF INSTRUCTIONS- - Page 7 Escrow No. 20479-JB Exhibit "A" An Irregular shaped parcel of land In the City of Redlands,, County of San Bernardino, State of California, being all those portions of Lots 18, 20, 21 to 26, Inclusive and the 15 foot wide alley (now vacated) lying Southerly of said Lot 20, all being In Block "C" of the Central Townsite, as said Lots and alley are shwar. on Plat recorded In Book 8 of Maps, Page 57, records of said County, more particularly described as follows: Beginning at a point In the Easterly line of said Lot 26, distant Northerly along said Easterly line 14.10 feet from the Southeasterly corner of said Lot 26- r thence Northerly along said Easterly line and Its Northerly prolongation and along the Easterly line of said Lots 18 and 20, also being the Westerly fine of Third Street, 54 feet wide, a distance of 168.90 fact to a point In a line that Is parallel with and distant Northerly 3.00 feet, measured at right angles from the Northerly line of said Lot 20,, said parallel line also being the Southerly line of Stuart Avenue, thence Westerly along said parallel line, 122.00 feet; thence Southwesterly In a direct line 22.63 feet to a point In the Westerly line of said Lot 20,, said point being distant Southerly along said Westerly line 13.00 feet from the Northwesterly corner of said Lot 20; thence Southerly along the Westerly line of said Lot 20 and Its Southerly prolongation and along the Westerly line of said Lot 21, a distance of 152.90 feet to a point In a line that Is parallel with and distant Northerly 14.10 feet, measured at right angles from the Southerly line of said Lots 21 to 26, Inclusive; thence Easterly along said parallel line 138.00 feet to the point of beginning. Excepting and reserving all oil, hydrocarbon substances and minerals of every kind and character lying more than 500 feet below the surface of said land, together with the right to drill Into,, through, and to use and occupy all parts of said land lying more than 500 feet below the surface thereof for any and all purposes Incidental to the exploration for and production of off, gas, hydrocarbon substances or minerals from said or other lands but without, however,, any right to use either the surface of said land or any portion of said land within 500 feet of the surface for any purpose or purposes whatsoever, as reserved by David F. Rettig, et a[, In Deed recorded May 12, 1986, as Instrument No. 06-122368, Official Records. Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373 (909) 793-3147 FAX(909)798-4606 AMENDED/SUPPLEMENTED ESCROW INSTRUCTIONS Escrow No. 20479-JB Date July 24. 2003 Re: 205 West Stuart Avenue, Redlands. CA 92374 To: Guardian Escrow, Inc. - Jeri Bray, CSEO MY PREVIOUS INSTRUCTIONS IN THE ABOVE NUMBERED ESCROW ARE HEREBY MODIFIED AND/OR SUPPLEMENTED IN THE FOLLOWING PARTICULARS ONLY: I The Seller in this escrow is corrected to be: THE SANTA FE ANNEX, a California limited partnership. Wherever the name Santa Fe Annex apears in this escrow, said name is corrected to read The Santa Fe Annex. You are authorized and instructed to correct all documents in this escrow over the signatures accordingly. 2. Buyer will hand you Substitution of Trustee and Full Reconveyance, covering that certain deed of trust, executed by The Santa Fe Annex, a California limited partnership, recorded January 23, 1992, as Instrument No. 92-024793, Official Records of San Bernardino County, California, and described as Exception Item 7 of the Preliminary Report covering subject property, issued by LandAmerica Commonwealth through its Order No. 6066516-92; which document is to be recorded with other documents in this escrow. No consideration is owing with regard to this encumbrance; Buyer and Seller hereby affirm that said encumbrance was paid in full by Seller to Buyer outside, and prior to the opening, of this escrow. 3. The undersigned Buyer and Seller acknowledge having received, read and approved a copy of the preliminary report issued by Commonwealth Land Title in its Order No. 6066516-92, dated as of June 20, 2003, covering the subject property. Current Taxes and Exception Items A, B, I through 6, 8 and 9, as set forth in the report, are specifically approved to remain of record and may show in the policy of title insurance to be issued in conjunction with this escrow. 4. General Partner Ronald G. Moore of The Santa Fe Annex, a California limited partnership, the Seller in this escrow, hereby acknowledges having received, read, and approved a copy of original Sale Escrow Instructions to this escrow, dated July 3, 2003, concurs therewith and agrees to be bound by the terms and conditions contained therein. 5. Seller affirms, on which affirmation you may rely, that J. W. Moore, one of the General Partners of The Santa Fe Annex, a California limited partnership, and Johnny W. Moore are one and the same person. ALL OTHER TERMS AND CONDMONS REMAIN UNCHANGED. All parties signing this instruction acknowledge receipt of copy of same. Continued on Page 2 A INITIA HERE R'R E N111we Date: July 24, 2003 Escrow No.: 20479-JB Re: 105 West Stuart Avenue, Redlands, CA 92374 Officer: Jeri Bray, CSEO Continuation of Amendment for Above Referenced Escrow SELLER(S): THE SANTA FE ANNEX, a California limited partnership By: J. W. MOORE, General Partner By: RONALD G. MOORE, General Partner BUYER(S): REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, a public body, corporate and politic 7e By: KARL N. HAWS, Chair By: X, JOI! DA IDSX Executive Director ATTEST: (Secy*t ) Page 2