HomeMy WebLinkAboutHUNTER, C & B & ORGERON, F&B-2005
A-2005-203
Order No. @
Escrow No. @
WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
SPACE ABOVE THIS LINE FOR RECORDER'S USE
LONG FORM SECURITY LAND CONTRACT
NOTE: THE PARTIES HERETO ARE CAUTIONED THAT, BY COMPLETING AND EXECUTING THIS AGREEMENT,
LEGAL RIGHTS AND DUTIES ARE CREATED INCLUDING THE TRUSTEE'S NONJUDICIAL POWER OF SALE.
THEY ARE ADVISED THAT THE VENDEE HAS NO REDEMPTION RIGHTS UNDER THIS AGREEMENT. THEY
ARE FURTHER ADVISED TO SEEK INDEPENDENT LEGAL COUNSEL AS TO ALL MATTERS CONTAINED IN
THIS DOCUMENT.
THIS AGREEMENT, made and entered into this I Siiday of Ikl~u.s, ,2005, by and between Creighton D. Hunter and
Betty A. Hunter, Trustees of the Creighton D. Hunter and Be A. Hunter Family Trust and Fred Orgeron and Brenda
Orgeron, Trustees of the Orgeron Family Trust (hereinafter sometimes referred to as "Vendor"), whose address is 513 Calle
del Rito, San Clemente, CA 92672, and the City of Santa Ana, a charter City and municipal corporation dully organized under
the Constitution and laws of the State of California (hereinafter sometimes referred to as "Vendee"), whose address is 20
Civic Center Plaza, M-36, Post Office Box 1988, Santa Ana, CA 92702 and COMMONWEALTH LAND TITLE COMPANY, a
California Corporation (hereinafter sometimes referred to as "Trustee").
In accordance with Section 2924b, Civil Code, request is hereby made by the undersigned Vendor and Vendee that
a copy of any Notice of Default and a copy of any Notice of Sale under Deed of Trust recorded ,
in Book , Page , Official Records Orange County, California, as affecting the property, executed by
between Creighton D. Hunter and Betty A. Hunter, Trustees of the Creighton D. Hunter and Betty A. Hunter Family Trust
and Fred Orgeron and Brenda Orgeron, Trustees of the Orgeron Family Trust as Trustor in which
City of Santa Ana, is named as Beneficiary, COMMONWEALTH LAND TITLE COMPANY, a California Corporation and as
Trustee, be mailed to Vendor and Vendee at addresses designated in Paragraph 17 below.
NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in
this recorded request. If your address changes, a new request must be recorded.
The notice of any default described in Section 2924c, Civil Code, shall consist of the following statement:
NOTICE
You may have the right to cure the default described herein and reinstate this Installment Land Contract. Section 2924c of the
Civil Code permits certain defaults to be cured upon the payment of the amounts required by that Section without requiring
payment of that portion of principal and interest which would not be due had no default occurred. Where reinstatement is
possible if the default is not cured within three months following the recording of this notice, the right of reinstatement will
terminate and the property may be sold.
MAIL TAX STATEMENTS TO:
City of Santa Ana
Public Works Agency
Attn: Souri Amirani
20 Civic Center Plaza, M-36
Santa Ana, CA 92702
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WITNESSETH:
WHEREAS, Vendor is now the owner of certain real property (hereinafter referred to as "the property") located in the County
of Orange, State of California, commonly known as: 1249 West First Street, Santa Ana, California 92701,
and described as follows: lot 21, 23 and 25 in Block A of Bessonett Tract, as shown on a map recorded in Book 24, Page 73
of Miscellaneous Records of Los Angeles County, California.
WHEREAS, Vendor has agreed to sell, and Vendee has agreed to buy, the property on the terms and conditions hereinafter
set forth;
WHEREAS, Vendor shall retain legal titie as a security interest in the property until the payment of the balance of the
purchase price has been paid by Vendee as set forth below.
NOW, THEREFORE, THE PARTIES HERETO DO HEREBY AGREE AS FOllOWS:
PURCHASE PRICE
1. Vendor agrees to sell, and Vendee agrees to buy, all of the property for the sum of Eight Hundred Five Thousand and
NO/100 Dollars ($805,000) lawful money of the United States, as hereinafter more fully set forth.
CONVEYANCE TO TRUSTEE
2. Upon execution of this security land contract, Vendor and Vendee irrevocably grant, transfer and assign their rights,
title and interests to the property herein to Trustee, Commonwealth land Title Company, a California Corporation, in
trust for purposes of securing Vendor's and Vendee's obligations herein. The parties do not intend hereby to alter in
any manner their rights and interests to the property as Vendor or Vendee, but rather intend to vest Trustee with title
so as to create in Trustee powers as set forth herein sufficient to carry out its duties, and Vendor and Vendee shall
retain the rights and obligations imposed upon them by California Civil Code section 2985 et seq, all other applicable
laws and statutes, and this Contract.
PAYMENT OF PURCHASE PRICE
3. Vendee shall pay said purchase price of $805,000 as follows:
a. Within 30 days of execution of this agreement, Vendee will deposit into escrow the sum of EIGHT HUNDRED
THOUSAND DOLLARS AND No/1 00 ($800,000).
b. Upon recording Vendor's irrevocable grant, transfer and assignment of their rights, title and interest to the
property to the Trustee, Six Hundred Thousand and NO/100 Dollars ($600,000) will be released to the Vendor.
c. The remaining Two Hundred Thousand and NO/100 Dollars ($200,000), deposited into escrow by the Vendor,
will be set-aside for environmental clean-up, as required by the applicable regulatory agency. The Vendee or
their Consultant will be responsible for coordinating the clean-up activities; submitting invoices to the escrow for
payment; and completing the application to the State of California UST Cleanup Fund (Cleanup Fund) on behalf
of the Vendor. The escrow company will process payment of each invoice, including invoices from Consultant for
completing the application to the Cleanup Fun, after approval in writing from the both the Vendor and Vendee.
Vendor hereby acknowledges, that Fred Orgeron will review and approve each invoice, on behalf of the Vendor.
d. The balance of said purchase price of Five Thousand and NO/100 Dollars $5,000 shall be paid by the Vendee to
the Vendor and shall bear interest at the rate of 5 percent per annum of any balance unpaid. Said sum shall be
paid in one installment of Six Thousand Two Hundred Fifty and NO/100 Dollars ($6,250.00) Sixty (60) months
from the execution of this security land contract. If the installment payment due hereunder is delinquent ten or
more days, Vendee agrees to pay the sum of $5.00 or the equivalent of 6% of the installment due that is
applicable to payment of principal and interest, provided that the late payment charge satisfies the requirements
of sections 2954.4 and 2954.5 of the California Civil Code. Vendee may prepay all or any portion of balance due
Vendor or on any other encumbrance on the property where the terms of such encumbrance so provide.
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ADDITIONAL TERMS
a. Vendor hereby warrants that the title to said reai property to be conveyed by Vendor to Vendee shall be free
and clear of all encumbrances, unless otherwise approved by the Vendee. Before any funds are disbursed to
Vendor, said real property shall be, free and clear of any and all conditions, restrictions, reservations,
exceptions, easements, assessments, profits, limitations, encumbrances, liens, leases, clouds or defects in
title. Vendor further agrees that acceptance by Vendee of any deed to said real property, with or without
knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation,
encumbrance, lien, lease, cloud or defect in tille, shall not constitute a waiver by Vendee of its right to the full
and clear title hereinabove agreed to be conveyed by Vendor to Vendee, nor of any right which might accrue
to Vendee because of the failure of Vendor to convey tille as hereinabove provided.
b. Upon execution or recordation of this Contract, and after a search of the public records and upon fuifillment of
any conditions required of Vendor and Vendee, Vendor and Vendee shall obtain policies of title insurance
insuring said parties' interests herein from Commonwealth Land Title Company, with costs to be borne by the
Vendee, with the Vendee therein named as the insured, in the amount EIGHT HUNDRED FIVE THOUSAND DOLLARS
AND NO/100 ($805,000). Said policy shall insure the title of the Vendee to said real properly is free and clear of any
and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances,
liens, teases, clouds or defects in title, excepting such specific ones as Vendee may hereinafter expressly agree to take
subject to. Acceptance by Vendee of any such policy of insurance, whether such insurance complies with the
requirements of this paragraph or not, shall not constitute a waiver by Vendee of its right to such insurance as is herein
required of Vendor, nor a waiver by the Vendee of any rights of action for damages or any other rights which may accrue
to Vendee by reason of the failure of Vendor to convey title or to provide title insurance as required in this Agreement.
c. Vendee agrees to open an escrow at the office of Commonwealth Land Title Company, 2301 Dupont Drive, Suite 450,
Irvine, California 92612, (the Escrow Agent) within five (5) days from and after the date on which the Vendee has
approved this Agreement. This Agreement constitutes the joint escrow instructions of the Vendee and the Vendor and a
duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow.
The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section
4 and of the General Provisions described in Exhibit "A" attached hereto and incorporated herein by this reference, in
writing, delivered to the Vendee and to the Vendor within five (5) days after delivery of this Agreement, shall carry out its
duties as Escrow Agent hereunder.
Vendee agrees to bear and Escrow Agent is hereby authorized to charge to the Vendee the cost of any transfer taxes,
recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing
costs incidental to the conveying of said real properly to Vendee. Penaities for prepayment of bona fide obligations
secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240.
The liability to the Escrow Agent under this Agreement is limited to performance of the obligations, usual to an escrow
holder as set forth herein and Exhibit "A" of the General Provisions of this Agreement.
d. Real properly taxes, if any, on said real properly for the fiscal year within which said real properly is conveyed to Trustee
as are unpaid at the time of recordation of this contract shall be cleared and paid in accordance with the provisions of
Section 4986 of the Revenue and Taxation Code of the State of California. Vendor shall be eligible for a refund under
Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of properly taxes on said real
property for said fiscal year which have been paid prior to the date this contract is recorded which is allocable to that
portion of the fiscal year which begins on the date of recordation of this contract and made uncollectible if unpaid by
reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real
properly for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Vendor
before conveyance of said real properly to Trustee.
e. Vendee agrees to pay from the recordation of this contract: (1) all taxes and assessments affecting the property,
including assessments on appurtenant water stock; (2) all encumbrances, charges and liens, with interest, on the
property or any part thereof when due, which appear to be prior or superior hereto; (3) all allowable expenses of
this Agreement.
Should Vendee fail to make any payment or to do any act as herein provided, then Vendor or Trustee, but without
any obligation to do so, without notice to or demand upon Vendee and without releasing Vendee from any
obligation hereof, may: (1) make or do the same in such manner and to such extent as either may deem
necessary to protect the security hereof, Vendor being authorized to enter upon said property for such purposes;
(2) appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers
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of Vendor or Trustee; (3) pay, purchase, contest or compromise any encumbrance, charge or lien which, in the
judgment of either, appears to be prior or superior hereto; and, in exercising any such powers, pay allowable
expenses.
f. Should Vendor breach this Agreement, Vendee may, without waiving any other rights or remedies, pay and
perform such obligations and upon doing so shail be entitled to a like amount as a credit against present and
future payments due or to become due to Vendor. Vendee shall also be entitled to interest at the maximum legal
rate on all such advances in excess of Vendee's obligations due under this Agreement.
POWERS OF TRUSTEE
4. Vendor and Vendee confer upon Trustee the following powers:
a. Power to convey to Vendee legal titie upon full satisfaction of Vendee's obligation to Vendor and upon
instructions from Vendor or his successor in interest.
b. Power to foreclose under power of sale as set forth in Paragraph 6 below, and issue a deed upon foreclosure
and sale. Said deed shall convey the property to the Vendor without covenant or warranty, expressed or
implied and any recitals contained therein of any matters or facts shail be conclusive proof of the truthfulness
thereof. Any person, including Vendor, Vendee or Trustee may purchase at such sale.
c. In the event of default, the power to prepare and deliver Vendor's statements as required under Paragraph 7
of this Agreement.
POSSESSION
5. Vendee shall be entitled to complete and fuil possession of the property upon execution of this Contract and
disbursement of Six Hundred Thousand and NO/100 Doilars ($600,000) of the Purchase Price. Possession includes
the right to remove and dispose of ail improvements located on the property, remove underground storage tanks and
begin the environmental cleanup, as required by regulatory agencies. Vendor's interest in the property is security for
payment of balance owed Vendor, and for performance of ail terms and conditions to be performed by Vendee.
Vendee reserves the right, prior to any default by Vendee in payment of any indebtedness secured hereby or in
performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due
and payable. Upon any such default, Vendor may at any time without notice, either in person, by agent, or by a
receiver to be appointed by a court of competent jurisdiction, and without regard to the adequacy of any security for
the indebtedness hereby secured, enter upon and take possession of the property or any part thereof.
IN THE EVENT OF DEFAULT
6. Should Vendee fail to perform under terms of this Agreement and thus be in default of any of its provisions including
but not limited to payment of any taxes and indebtedness to Vendor or to prior encumbrances, Vendor may declare
ail sums due to and/or advanced by Vendor immediately due and payable to Vendor by delivering to Trustee written
declaration of default and demand for sale, and a written notice of default and election to cause to be sold the
property. Vendor shail deposit with Trustee this Contract, and all documents evidencing expenditures secured
thereby. Trustee shail cause said written notice of default to be filed for record. Trustee shail then proceed to
foreclose on the property pursuant to California Civil Code section 2924 et seq, any amendments thereto and the
provisions hereinbelow.
Trustee and/or Vendor shail foilow ail duties required of them as may be required by law for the foreclosure of a deed
of trust or mortgage including but not limited to the foilowing:
a. The Vendor or Trustee shall first file for record in the office of the recorder of each county wherein the property or
some part of it is situated, a notice of default, in substantiaily the same form as contained on Page 1 of this
Agreement.
b. After the lapse of not less than three months from the time the notice of default has been recorded, Vendor,
Trustee or any other person authorized to make the sale shail give notice of sale. Said notice of sale must be
given at least twenty (20) days before the date of sale by: (1) posting in one public place in the city where the
property is to be sold and if not sold in a city in one public place in the judicial district in which the property is to be
sold a written notice of the time and place of sale, describing the property to be sold, and (2) publishing a copy
thereof once a week for the same period, in some newspaper of general circulation in the city and/or judicial
district in which the whole or part of the property is situated, whichever applies. If there is no newspaper of
general circulation in the city or judicial district, notice must be published in a newspaper of general circulation in
the county in which the whole or a part of the property is situated. The notice shall describe the property by giving
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its street address or other common designation, if any, and if neither exists, the notice shall contain Vendor's
name and address at whose request the sale is to be conducted and a statement that directions may be obtained
pursuant to a written request submitted to Vendor within ten (10) days from the first publication of such notice.
Directions shall be deemed reasonably sufficient to locate the property if the location of the property is given by
reference to the approximate distance from the nearest crossroads, frontage road or access road. If a legal
description of the property is given, the validity of the notice and of the sale shall not be affected by the fact that
the street address, other common designation, Vendor's name and address or the directions obtained therefrom
are erroneous or have been omitted.
c. Any person desiring a copy of any notice of default or sale under this Contract may, at any time subsequent to
recordation of the Contract and prior to the recordation of notice of default, cause to be filed for record in the
office of the recorder of any county in which any part or parcel of the property is situated, a duly acknowledged
request for a copy of any such notice of default and of sale. This request shall be signed and acknowledged by
the person making the request specifying the name and address of the person to whom notice is to be mailed,
shall identify the Contract by stating the name of the parties thereto, date of recordation thereof and book and
page where the same is recorded or the recorder's number and shall be in substantially the form set out in Civil
Code section 2924b.
d. Vendor, Trustee or any other person authorized to record the notice of default shall:
(1) within ten (10) days following such recordation, deposit or cause to be deposited in the United States
mail an envelope, registered or certified with postage prepaid, containing a copy of such notice with
the recording date shown thereon addressed to each person whose name and address is set forth in
a duly recorded request therefore, directed to the address designated in such request;
(2) at least twenty (20) days before the date of sale, deposit or cause to be deposited in the United
States mail an envelope, registered or certified with postage prepaid, containing a copy of the notice
of the time and place of sale, addressed to each person whose name and address is set forth in a
duly recorded request therefore, directed to the address designated in such request;
(3) within one month following recordation of such notice of default, deposit or cause to be deposited in
the United States mail an envelope, registered or certified with postage prepaid containing a copy of
such notice with the recording date shown thereon, addressed to each person set forth below
provided that: (a) the estate or interest of any person entitled to receive notice under this subsection
is acquired by an instrument sufficient to impart constructive notice of such estate or interest which is
being foreclosed; (b) such estate or interest is recorded so as to impart constructive notice prior to
the date the notice of default was recorded; (c) such instrument as recorded sets forth a mailing
address which the county recorder shall use, as instructed within the instrument for the return of
such instrument after recording, and which address shall be the address used for the purposes of
mailing notices herein. The persons to whom such notice shall be mailed under this subsection (3)
are: (a) Vendee's successor(s) in interest as of the recording date of the notice of default; (b) the
beneficiary, mortgagee, vendee or lessee and his assignees of any lien recorded subsequent to the
foreclosure under the terms of the Contract or recorded prior to or concurrently with the foreclosure
under the terms of the Contract but subject to a recorded agreement or a recorded statement of
subordination to this foreclosure under the terms of the Contract; (c) the Controller where a lien for
postponed property taxes has been recorded against the property as of the recording date of the
notice of default;
(4) at least twenty (20) days before the date of sale, deposit or cause to be deposited in the United
States mail, an envelope, registered or certified with postage prepaid, containing a copy of the notice
of the time and place of sale addressed to each person to whom a copy of the notice of default is to
be mailed as provided in subsection (3) above.
e. The sale of the property under the power of sale contained in this Contract shall be held in the county where the
property or a part thereof is situated, and shall be made at auction, to the highest bidder, between the hours of 9
in the morning and 5 in the afternoon. When the property consists of several lots or parcels they may be sold
separately; when a portion of the property is claimed by a third person, and he requires it sold separately, this
may be done. Vendee may direct the order in which the property shall be sold if the lots or parcels may be sold to
advantage separately. After sufficient property has been sold to satisfy the indebtedness no more can be sold. If
the property is in two or more counties, the auction may take place in anyone of those counties. There may be a
postponement of the sale proceedings at any time prior to the completion of the sale at Trustee's discretion or
Vendor's instruction. The notice of each postponement shall be given by public declaration by Trustee at the time
and place last appointed for sale. Such public declaration shall set forth the new date, time, and place of sale,
which place of sale shall be the same place as originally fixed by Trustee for the sale. No other notice of
postponement need be given.
f. Each and every bid made by a bidder at a Trustee's Sale pursuant to the power of sale contained in this Contract
shall be deemed to be an irrevocable offer by that bidder to purchase the property being sold. Any subsequent
bid by the same or another bidder for a higher bid cancels out the prior bid.
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g. At the Trustee's Sale, Trustee shall have the right: (1) to require every bidder to show evidence of his ability to
deposit with Trustee the full amount of his final bid in cash, or its equivalent satisfactory to Trustee, prior to and
as a condition to the recognition of such bid, and to conditionally accept and hold these amounts for the duration
of the sale, and (2) to require the last and highest bidder to deposit, if he has not already done so, the full
amount of his final bid in cash, or its equivalent satisfactory to Trustee, immediately prior to the sale's
completion, its completion being announced by the fall of the hammer or in another customary manner. Vendor
shall have the right to offset his bid(s) only to the extent of the total amount due him including the tnustee's fees
and expenses.
h. If Trustee has not required the last and highest bidder to deposit the cash or equivalent in the manner set forth in
(g) above, Trustee shall complete the sale. If said bidder refuses to deliver the amount of his final bid in cash or
its equivalent when demanded to do so by Trustee, the bidder shall be liable to Trustee for all damages which
Trustee may sustain by the refusal of bidder to deliver to Trustee the amount of the final bid, including any court
costs and reasonable attorney's fees. If the last and final bidder willfully fails to deliver to Trustee the amount of
his final bid in cash or its equivalent, the bidder shall be guilty of a misdemeanor punishable by a fine of not
more than two thousand five hundred dollars ($2,500). Any postponement or discontinuance of the sale
proceedings shall be a cancellation of the last bid.
i. After deducting all costs, fees and expenses of Trustee and of this Contract, including the cost of evidence of title
in connection with sale, Tnustee shall apply the proceeds of the sale to the payment of: (1) all sums expended
under the tenms hereof, not then repaid, with accnued interest at the amount allowed by law in effect at the date
hereof; (2) all other sums then secured hereby; and (3) the remainder, if any, to the person or persons legally
entitled thereto.
j. Vendor and Vendee lose all respective rights, title and interests in the properly sold by Trustee's Sale, when the
Trustee's Deed, subsequent to the notice of default and the exercise of Vendor's power of sale, is executed in
favor of the purchaser or purchasers at the sale.
k. No deficiency judgment shall lie in any event after the sale of the properly under Tnustee's power of sale pursuant
to the terms of this Contract.
VENDOR'S STATEMENT
7. The Vendor or his authorized agent shall, on the written demand of the Vendee or authorized agent, made at any time
before, or within ninety days after, the recording of a notice of default under this Contract, if the power of sale herein is
to be exercised, or otherwise made more than 30 days prior to entry of the decree of foreclosure, and upon the
payment of $15.00 or such other amount authorized by law, prepare and deliver to the person demanding it, a written
statement showing:
a. The amount of the unpaid balance of the obligation secured by this Contract and the interest rate together
with the total amounts, if any, of all overdue installments of either principal or interest, or both.
b. The amounts of periodic payments, if any.
c. The date on which the obligation is due in whole or in part.
d. The nature, and, if known, the amount of any additional charges, costs or expenses paid or incurred by the
Vendor which have become a lien on the properly as part of the obligation secured hereby.
e. The date to which real estate taxes and special assessments have been paid to the extent such information
is known to the lender.
f. The escrow balance applicable to this contract.
SUBSTITUTION OF TRUSTEE
8. Vendor, or any successor in ownership of any indebtedness secured hereby, may from time to time, by written
instnument, substitute a successor or successors to any trustee named herein or acting hereunder, which instrument,
executed by the Vendor and duly acknowledged and recorded in the office of the recorder of the county or counties
where the properly is situated, shall be conclusive proof of proper substitution of such successor trustee or trustees,
who shall, without conveyance from the predecessor trustee, succeed to all its title, estate, rights, powers and duties.
Said instrument must contain the name of the original Vendee, Trustee and Vendor, hereunder, the name and
address of the new trustee, and if the Contract has been recorded, the book and page in which it can be found and/or
instrument number under which it has been recorded.
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DEFENCE OF ACTIONS
9. Vendee shall appear in and defend Vendor or Trustee in any actiDn Dr proceeding purporting to affect the security
hereof or the rights or pDwers Df VendDr or Trustee.
DELIVERY OF DEED UPON VENDOR AND VENDEE'S PERFORMANCE
10. Trustee Dn Vendor's written instruction and conveyance shall deliver to Vendee a deed tD the property as hereinabove
provided for, conveying to Vendee Vendor's and Trustee's interest in the property which VendDr and Trustee hDld
pursuant to this Agreement at such time as Vendee has paid to Vendor, as hereinabove provided, the entire balance
due directly to Vendor under the provisions of Paragraph 3(d) above.
TAXES
11. Vendee hereby assumes and agrees to pay before delinquency any and all taxes and assessments hereafter falling
due on the property, commencing on the date this Contract is recorded. If Vendee shall fail tD pay any of said taxes
or assessments on or before the due date thereof, Vendor may, at his option, declare a default under this Agreement
or may pay said taxes and assessments and add any amounts so paid to the baiance due Vendor under the terms Df
this Agreement. Any sums so paid by Vendor and added to the balance due under this Agreement, shall bear
interest at the rate provided for herein or the maximum interest rate provided by law, whichever is greater, until the
same has been paid in full.
INSURANCE
12. Vendee further agrees that from and after the time Vendee assumes possession of the property, and until such time
as all balances due to Vendor have been paid, Vendee: (1) shall provide, maintain and deliver to Vendor fire
insurance satisfactory to and with loss payable to Vendor. The amount collected under any fire or other insurance
policy may be applied by Vendor upon any indebtedness secured hereby and in such order as Vendor may
determine, or at the option of Vendor, the entire amount so collected or any part thereof may be released to Vendee.
Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act
done pursuant to such notice; and (2) shall provide public liability insurance on the property in reasonable amounts for
the protection of all parties hereto. Vendee agrees to pay all of the premiums therefor and to deliver copies of all
policies and renewals thereof to Vendor. In the event Vendee fails to provide such insurance or upon cancellation of
such insurance, Vendor may obtain the insurance required by this paragraph and add to the balance due under this
Agreement the amount of any premium thereof. Such added sum shall bear interest at the rate provided in
Paragraph 11 above.
MAINTENANCE
13. Vendee further agrees, until the purchase price hereof has been paid, to maintain all buildings and improvements
now or hereafter placed on the property in a good and habitable state of repair to maintain the value thereof and to
pay when due all claims for labor performed and materials furnished therefor.
TIME
14. Time is of the essence of this Agreement.
ATTORNEY'S FEES
15. If any party to this Agreement or any assignee of any party hereunder shall bring an action in any court of competent
jurisdiction to enforce any covenant of this Agreement, including any action to collect any payment required
hereunder, or to quiet his titie against the other party to this Agreement, it is hereby mutually agreed that the prevailing
party shall be entitled to reasonable attorney's fees and all costs and expenses in connection with said action, which
sums shall be included in any judgment or decree entered in such action in favor of the prevailing party.
BINDING EFFECT
16. This Agreement binds the parties hereto, their heirs, legatees, devisees, administrators, executDrs, successors and
assigns.
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"
NOTICES AND REQUEST FOR NOTICE
17. Notices required or permitted under this Agreement shall be binding if delivered personally to party sought to be
served or if mailed by registered or certified mail, postage prepaid in the United States mail to the following:
Vendor:
City of Santa Ana
Public Works Agency
Attn: Souri Amirani
20 Civic Center Piaza, M-36
Santa Ana, CA 92702
Vendee:
Fred and Brenda Orgeron
513 Calle del Rito
San Clemente, CA 92672
Creighton and Betty Hunter
2314 Riverside Drive
Santa Ana, CA 92706
Trustee:
Commonwealth Land Title Company
2301 Dupont Drive, Suite 450
Irvine, Califomia 92612
Vendor and Vendee hereby request that notice of default and notice of sale hereunder be mailed to them at the
above addresses.
CONSTRUCTION
18. All words used in this Agreement, including the words 'Vendor" and 'Vendee" shall be construed to include the plural
as well as the singular number; words used herein in the present tense shall include the future as well as the present;
words used in the masculine gender shall include the feminine and neuter gender.
Any clause in this Agreement that requires one or both of the parties' instruction to Trustee, may be satisfied by such
parties' heirs, devisees, administrators, executors, successors or assigns' instruction to Trustee.
Each heading used in this Agreement is included for the convenience of the parties hereto and should not in any way
be interpreted as a summary of any provision contained in the body of this Agreement.
In the event that any provision of this Agreement is held to be invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
EXECUTION
19. This Agreement shall be executed in duplicate.
OTHER PROVISIONS
20. Vendor and Vendee acknowledge the Property has environmental contamination, as defined by Leighton Consulting,
Inc. "Supplemental Site Investigation Reporf' Project, dated April 29, 2005. Vendor and Vendee agree that the
property will require environmental remediation and/or monitoring by regulatory agencies. As outlined in Paragraph
No.3 part (c) of this agreement, Two Hundred Thousand and NOl100 Dollars ($200,000) of the Purchase Price will
be set aside for environmental remediation and monitoring activities. Vendor and Vendee agree that these said
monies will be used for clean up and monitoring activities, as deemed appropriate by regulatory agencies andlor the
Vendee.
Upon completion of all environmental remediation and monitoring work, on the Property, a "Site Closure Reporf' will
be issued by the appropriate regulatory agency. After the Vendor and Vendee receive a written Site Closure Report,
and payment from the escrow account has been made for all outstanding invoice. Vendee agrees to authorize
release of any remaining monies in the escrow account, to the Vendor, in a timely manner.
Vendee also agrees to hold the Vendor harmless from any claim relating to environmental hazards, above the Two
Hundred Thousand and NO/100 Dollars ($200,000) deposited into escrow as defined by Paragraph No.3 part (c) of
this agreement.
8
. ,
VE'NnOR:
. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement as of the date first above written.
FO~ Creighton D. Hunter and Betty A. Hunter Family Trust
~~~v M IkVIL-bN
FOR:~eron Fami~Trust
: t/- fJ V/?f~L&v1/
:::0:: ort:t2 /7
BY: (.~~.
David N. Ream
City Manager
~-'Pi CL l~
1\ iJ f j dIU (/AtjlJ iLl)
~...J
. )
te
. If'.
ATT ST:\..
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorn~
/
BY:
J
NOTE: THE PARTIES HERETO ARE CAUTIONED THAT, BY COMPLETING AND EXECUTING TIllS AGREEMENT,
LEGAL RIGHTS AND DUTIES ARE CREATED INCLUDING THE TRUSTEE'S NONJUDICIAL POWER OF
SALE. THEY ARE ADVISED THAT THE VENDEE HAS NO REDEMPTION RIGHTS UNDER TillS
AGREEMENT. THEY ARE FURTHER ADVISED TO SEEK INDEPENDENT LEGAL COUNSEL AS TO ALL
MATTERS CONTAINED IN TIllS DOCUMENT.
STATE OF CALIFORNIA
COUNTY OF
On
before me,
personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in hislher/their authorized
capaVendee(ies), and that by hislherltheir signature(s) on the
instrument the personCs) or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)
STATE OF CALIFORNIA
COUNTY OF
On
}
}
)
before me,
personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in hislher/their authorized
capaVendee(ies), and that by hislherltheir signature(s) on the
instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(This area for official notariaJ seal)
9
Exhibit "A"
GENERAL ESCROW PROVISIONS
All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of
your general escrow accounts with any bank doing business in the State of California and may be transferred to any other
general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to
herein are filed for record. All adjustments are to be made on the basis of a 3D-day month. Recordation of any
instruments delivered through this escrow, If necessary or proper in the issuance of a policy of title insurance called for, is
hereby authorized.
There shall be no prorations of any existing insurance policies in this escrow.
You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents
deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved
in this transaction upon request of such lenders, brokers or attorneys.
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 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 commence or defend any action 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
attorney's fees, suffered or incurred by you in connection with, or arising out of 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 from all obligations imposed upon you in this escrow.
If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as
custodian thereof of not less than $10.00 per month.
Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and
such additional time as is required to make an examination of the official records, you will return all documents, money or
property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or
supplement to any instructions must be in writing. The Vendor agrees to sell and the Vendee agrees to buy the property
herein described upon the terms hereof.
These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which
independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and
the same instruction.
10
Order No. @
Escrow No. @
RECORDING REQUESTED BY
LAWYERS TITlE
This Document was electronically recorded by
Lawyers Title Company B
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
1111111111111111[11111111111111111111111111111111111111111111111115.00
2005000745061 04:02pm 09/20/05
203 59 L01 4
0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00
--
n' ' "@ c II SPACE ABOVE THIS LINE FOR RECORDER'S USE Ii-
MEMORANDUM l()NT~CT OF SALE AND PURCHASE OF PROPERTY 6rr\~
~!
This is a Memorandum of at unrecorded Long Form Security Land Contract ("Contracf'), dated August 15, 2005, between
Creighton D. Hunter a Betty A. Hunter, Trustees of the Creighton D. Hunter and Betty A. Hunter Family Trust and Fred .J.
Orgeron and Brend rgeron, Trustees of the Orgeron Family Trust (hereinafter sometimes referred to as "Seller"), and the e
City of Santa Ana, a charter City and municipal corporation dully organized under the Constitution and laws of the State of --
California (hereinafter sometimes referred to as "Buyer"), concerning the real property ("Property") described as: Lot 21, 23 v~-.
and 25 in Block A of Bessonett Tract, as shown on a map recorded in Book 24, Page 73 of Miscellaneous Records of Los ~
Angeles County, California.
For good and valuable consideration, Seller has agreed to sell and Buyer has agreed to buy, the Property upon the terms and
conditions set for in the Contract, which terms and conditions are incorporated in this Memorandum by reference. Except as
provided in the Contract from the date hereof, Seller shall not have the right, with respect to the Property to enter into any new
contracts, leases or agreements, oral or written, without the prior written consent of Buyer.
This Memorandum is not a complete summary of the Contract. Provisions of this Memorandum shall not be used in
interpreting the Contract. In the event of conflict between this Memorandum and the Contract, the Contract shall control.
N
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cr
IN WITNESS WHEREOF, the parties have hereunto executed this Agreement as of the date first above written.
SaUar:
ATTE T:
Patricia E. Healy
Clerk of the Council
4~2/6r;
~.
SEE EXHIBIT A FOR FULL LEGAL
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
STATE OF CALIFORNIA ~
COUNTY OF
I~/ ~~!>
CJ JIll.
personally appeared
before me,
STATE OF CA~NIA
COUNTY OF %('#,f0
On Jk/ - . c:-
before me,
'iiI, ~
W "*
(or proved to on the basis of
satisfactory evidence) to be the person(s) whose name(s) .nt/are
subscribed to the within instrument and acknowledged to me that
~/they executed the same in ~r/their authorized
capaVendee(ies), and that by ~/their signature(s) on the
instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
~nL
vf5ersonally known to me (or proved to me on the basis of
satisfactory evidence) to be the personjXl whose namp('s~
subscribed to the within instrument and acknowledged to me that
Jca4,1...../th" executed the same in ~.eJ..1hsir .....authorized
capaVendee(....), and that by 4lllh..itflcir signature,"," on the
instrument the perso~ or the entity upon behalf of which the
person,%, acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official notarial seal)
Signatur"'~k,1f;f;/ZJ-
le- u -;;~~,~~.l !@'~.~ 'I
] CommIssIon" 1336874 r <I> . oil Notory Publle.colWom" :;:
I' NotaryPubllc~Callfoml8 I (This area for official notarial;a " ORANGE COUNTY ::-
J Orange County t- J, My Comm. Exp. Mar 4, 2GGI E-
1 MyComm. Expires~n25.2008 . . ~ ~.. .... . .........
--------------
EXHIBIT "A"
All that certain real property situated in the County of Orange, State of
California, described as follows:
Parcell:
Lot 21 in Block "Au of Bessonett Tract, in the City of Santa Ana, County of
Orange, State of California, as shown on a map recorded in Book 24, Page 73
of Miscellaneous Records of Los Angeles County, California.
Excepting therefrom the South 40.00 feet thereof.
Parcel 2:
Lots 23 and 25 in Block "Au of Bessonett Tract, in the City of Santa Ana,
County of Orange, State of California, as shown on a map recorded in Book
24, Page 73 of Miscellaneous Records of Los Angeles County, California.
Excepting from said Lot 25 the Westerly 10.00 feet thereof, as conveyed to
the City of Santa Ana in deed recorded August 27, 1951, in Book 2221, Page
272, of Official Records of Orange County, California.
Also excepting from said Lots 23 and 25, those portions described in Parcels
1, 2 and 3 of the deed to the City of Santa Ana recorded February 6, 1968, in
Book 8510, Page 907.
Assessor's Parcel Number:
008-131-33
,
a
LandAmerica"
Lawyers Title
Lawyers Title Company
18551 Von Karman, Suite 100-200
Irvine, California 92612
Phone: (949)223-5575
PENALTY OF PERJURY AFFIDAVIT
(GOVERNMENT CODE 27361.7)
I certify under the penalty of perjury that the notary seal on the document to which this
statement is attached reads as follows:
Name of the Notary: Claudia M. Fernandez-Shaw
Date Commission expires: January 25, 2006
County Where Bond is Filed: Orange
Commission No.: 1336674
ManufacturerNendor No.: NNA1
Place of Execution:
Irvine. Ca.
Date: September 20, 2005
./ ~
'./ ~
Signat .. i, ~.. .,Ce",0
~~ LA RS TITLE COMPANY
I further certify under the penalty of perjury that the illegible portion of the document to
which this statement is attached reads as follows (if applicable):
Date: September 20, 2005
Signature:
LAWYERS TITLE COMPANY
.
a
LandAmerica'
Lawyers Title
Lawyers Title Company
18551 Von Karman, Suite 100-200
Irvine, California 92612
Phone: (949)223-5575
PENALTY OF PERJURY AFFIDAVIT
(GOVERNMENT CODE 27361.7)
I certify under the penalty of perjury that the notary seal on the document to which this
statement is attached reads as follows:
Name of the Notary: Gale Hunt
Date Commission expires: May 4, 2008
County Where Bond is Filed: Orange
Commission No.: 1487639
ManufacturerNendor No.: ESI1
Place of Execution:
Irvine, Ca.
Date: September 20, 2005
// ~
~~
. . /1.- .
Signature: .,~ ez"7 cu..1-.-)
. LAWY RS TITLE COMPANY
I further certify under the penalty of perjury that the illegible portion of the document to
which this statement is attached reads as follows (if applicable):
Date: September 20, 2005
Signature:
LAWYERS TITLE COMPANY