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HomeMy WebLinkAboutHAWKEN, SUSAN A. AND LEE/HAWKEN PARTNERSHIP - 2018INSURANCE NO`r REQUIRED A-2018-106 WORK MAY PROCEED CLE13K OF COUNC t?f'rr. APR 2 3 Z9 ASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on / /7 2018, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or 'Buyer"), and, Susan A. Hawken, a single woman, as to 50% interest; and Lee/Hawken Partnership, as to 50% interest (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 2246-2248 South Cypress Avenue, Santa Ana CA) (APN 403-141-09) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of Commonwealth Title Company at 4100 Newport Place Drive, Suite 120, Newport Beach, California within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of One Million Six Hundred Fifty Thousand and no/100 Dollars ($1,650,000.00). Insuring the fitle of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of Commonwealth Title Company, 4100 Newport Place Drive, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of 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 "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties 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 imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller 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 property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of One Million Six Hundred Fifty Thousand and no/100 Dollars ($1,650,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: a. Conveyance of said real property by Seller to City as hereinabove provided; b. Acceptance by City of a Grant Deed conveying said real property to City; c. Delivery to City of the policy of title insurance as hereinabove provided; d. Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. a. No later than fourteen days (14) days after close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and/or removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at the Property as of three days after close of escrow shall be deemed abandoned by Seller on that date. b. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the Court immediately issue a Writ of Possession and/or Assistance, directing the Marshall or Sheriff of Orange County to take physical possession of the Property in favor of the City. Seller waives the right to have the City file an unlawful detainer action, as well as waive the right to any hearing or any requirements for an application by City to obtain the Writ of Possession and/or Assistance and waives any and all rights to object to the issuance of said Writ if Seller does not vacate the Property by fourteen (14) days after close of escrow. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month/360-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); precondemnation damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. This acknowledgment and release shall survive the Close of Escrow 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 517 South Broadway, Santa Ana, CA 92701. 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sem. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seg. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: Susan A. Hawken, a single woman, as to 50% interest; and Lee/Hawken Partnership, as to 50% interest 7 Date: a2 — Z % — , 2018 By: usan A. Hawken ,Y. �-6""` Date: — 2 7 !CP 2018 Its: k, 0>, City/Buyer City of Santa Ana Raultodinez II City Manager Attest: � ) Maria D. Huizar City Clerk Approved as to Form: J n .Funk Assistant City Attorney RECOMMENDED FOR A OVAL: Edwin "William" Galvez, P.E. Acting Executive Director Public Works Agency r Date: _ �� 2018 Date: , 2018 Date: �2018 Date: / ' 12018 EXHIBIT "A" LEGAL DESRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 35, 36, 37, AND 38 IN BLOCK B IN TRACT NO. 638, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 403-141-09 EXHIBIT "B" (Commonwealth Land Title Company) 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 30 -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 proration 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 seller agrees to sell and the buyer 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. INSURANCL NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL "Tc' APR 2 3 2018 � RENTAL AGREEMENT (Loss of Rents) A-2018-106 This AGREEMENT, made and entered into this =day of ' 2018 by and between the property owner, Susan Hawken, a single woman, as to 50% interest, and Lee/Flawken Partnership, as to 50% interest (the "Owner"), and the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ("City"). WHEREAS, Owner and City are in negotiations for City's acquisition from Owner of certain real property located in the City, which is legally described in Exhibit "A", attached hereto and incorporated herein ("Subject Property"). WHEREAS, the Subject Property consists of 4 lots of real property commonly known 2246-2248 South Cypress Avenue, Santa Ana, CA 92707 (APN # 403-141-09). WHEREAS, 2246 South Cypress Avenue, Unit # C, Santa Ana, CA 92707 is a residential property in which one apartment unit ("Unit") was occupied by former tenant. WHEREAS, the former tenant at 2246 South Cypress Avenue, Unit # C, Santa Ana, CA 92707 vacated the Unit prior to the date of this Agreement, on the date set forth in Section 1 below. WHEREAS, City has asked Owner not to rent the Unit at 2246 South Cypress Avenue, Unit # C, Santa Ana, CA 92707 to new tenants(s) and is willing to compensate Owner for Owner's loss of rent resulting from Owner's agreement to keep the Unit at 2246 South Cypress Avenue, Unit # C, Santa Ana, CA 92707 vacant during Owner's negotiations with the City, all as described in more detail below. WHEREAS, Owner and City also desire to agree that, in the event other tenants occupying the Subject Property vacates that property, Owner will not re -rent that property and City will make a monthly payment to Owner to compensate Owner for Owner's loss of rents, all as described in more detail below. WHEREAS, it is the desire of the City to minimize or avoid incurring costs, damages, obligations or liabilities pursuant to any applicable federal, state or local relocation laws or regulations, including without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4201-4655, the implementing regulation thereto set forth in 49 CFR Part 24, Government Code Section 7260, et seq. and/or the implementing regulations thereto set forth in Title 25, section 6000, et seq. of the Code of Regulations (collectively "Relocation Costs") as a result of City's acquisition of the Subject Property, or any portion thereof, and Owner desires not to lose rental income during the period of negotiations between Owner and City for City's acquisition of the Subject Property. NOW, THEREFORE, in consideration of the mutual covenants and agreements set 'forth herein, the City and the Owner agree as follows: 1. The City will pay directly to Owner on the first of each month following the date of this Agreement and in the event units becomes and remains vacant, the amount set forth below for Subject Property. Unit Identification Rental Rate Vacation Date 2246 S. Cypress Ave. # C $1,050/month 111112017 The payment provided to Owner pursuant to this Section 2 is intended to compensate Owner for the Owner's lost rents from Unit at 2246 South Cypress Avenue, Unit # C, Santa Ana, CA 92707 beginning on the Vacation Date stated in Section 1 above and ending on the date of this Agreement. a. In addition to the amounts set forth in Section 1, following the full execution of this Agreement, City will pay the following amounts to Owner: $1,050 for each full month the Unit at 2246 South Cypress Avenue, Unit # C, Santa Ana, CA 92707 was vacant prior to the date of this Agreement, plus b. The rent for a partial month's period shall be prorated on a 30 -day month. 2. In consideration for the payments to be made under this Agreement, Owner will hold the Unit, or any other rentable area at the Subject Property vacant and not re -rent or allow any occupancy of the Unit or any other rentable area at the Subject Property. 3. Should Owner, in violation of Section 2 herein, re -rent or allow any occupancy of the Unit or any other rentable area at the Subject Property, Owner shall be liable to the City and shall indemnify the City and hold the City harmless for and against any and all costs, damages, liabilities and/or expenses, including attorneys' fees and expert witness fees, incurred by the City in enforcing the terms of this Agreement, including any and all Relocation Costs incurred by the City as a result of Owner's breach of this Agreement and/or City's obligation to relocate any tenants of the Subject Property. 4. The City shall not call on Owner to make any special improvements to the Unit at the Subject Property, but Owner hereby specifically covenants and agrees to keep the Unit in good order and condition, in compliance with all applicable federal, state and local laws, including the City of Santa Ana Municipal Code, at Owner's cost and expense. 5. Owner reserves the right to enter onto and inspect the Unit at the Subject Property and to make any necessary repairs to the Unit at the Subject Property, in accordance with tenant leases, as applicable. 6. Any payment payable hereunder for any period of time less than one (1) month shall be determined by prorating the monthly rental rates set forth in Section 1, based on the actual number of days in the month. 7. All notices required herein, or which may otherwise be given by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed as follows: To the Owner at: Susan A. Hawken 517 South Broadway Santa Ana, CA 92701-5639 To the City at: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attn: Jason Gabriel Nothing shall preclude the giving of such written notice by personal service. 2 8. This Agreement shall terminate automatically on the earlier to occur of (a) the date the City acquires legal title to the Subject Property or (b)the date the City acquires legal possession to the Subject Property by means of a court order of pre judgment possession in an eminent domain proceeding or (c) thirty (30) days following either party's written notice to the other party terminating this Agreement. 9. No amendments or modifications to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on either of the parties hereto. 10. The terms and conditions of this agreement shall be binding upon the heirs, assigns, successors and personal representatives of the parties hereto. THIS SPACE INTENTIONALLY LEFT BLANK SIGNATURES NEXT PAGE IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the date first above written. OWNER CITY Susan Hawken, a single woman, as to 50% CITY OF SANTA ANA, a charter city and interest; and Lee/Ilawlcen Partnership, as to 50% municipal corporation duly organized under the interest Constitution and laws of the State of California � �s1 Raul Godinez 11, Manager By: Sed n A. Hawken ATTEST: v By: i Its: a.� Maria D. Huizar, City Cleric Approved as to Form: Jofj M. Funic, Assistant City Attorney Edwin "William" Galvez, P.E. Acting Executive Director Public Works Agency 4 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 35, 36, 37, AND 38 IN BLOCK B IN TRACT NO. 638, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 403-141-09 61 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103. C o10-t— c WH SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL TAXES X APPROVED AS TO FORM BY ATTY. APPROVED BY DIRECTOR DESCRIPTION WRITTEN BY DESCRBTION CHECKED -O, K. A. R N ER 403-141.09 R/W MAP NUMBER PROJECT NUt BER 2246-2248 South Cypress Avenue, Santa Ana, CA 92707 MEp ER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Susan A. Hawken, a single woman, as to 50% Interest; and Lee/Hawken Partnership, as to 50% Interest Do Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California, for public roadway purposes, all that real property in the City of Santa Ana, Orange County, State of California, located at 2246-2248 South Cypress Avenue, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated : i--- 2. 7— / r Dated : 2- 2- 7 r 16C By: c '6�• � Susan A. Hawken Its: �•-•.s - ;�-r-� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 4 1189 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 1 County of ur"f J} On Ffilo. 9,0lR before me, JVH Wr NOland uyu PIM II V Date Here Insert Name and Title of the Officer personally appeared JUJAh Ail", HML -VIM Nome(s) of Signers) who proved to me on the basis of satisfactory evidence'o be the persono whose nameO is/ar, s bscrib to the within instrument and acknowledged to me that lye/she/th/y executed the same in Vp /her/toir authorized capacity(lo), and that hb/her/t4ir signature() on the instrument the person$), or the entity upon behalf of which the person acted, executed the instrument. JULY LV Notary Public - California dz ® Grange Counly g commission x 2150099 s M C®mon. En iron A r 23; 8020 Place Notary Seal and/or Stamp Above 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. Sig OPTIONAL of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: &Ua�t bp/U Document Date: R1. 2j1 `. 1k NumberofPages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: SIRS Rh. UWfz 11a-WIq/i, ❑ Corporate Officer - Title(s): Partner- ❑ Limited ❑ General Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: li CSf t A yl 02017 National Notary Association Signer's Name: ❑ Corporate Officer - Title(s): _ ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Trustee ❑ Other: Signer is Representing: ❑ Attorney in Fact ❑ Guardian of Conservator LEGAL DESRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 35, 36, 37, AND 38 IN BLOCK B IN TRACT NO. 638, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE Assessor's Parcel Number; 403-141-09 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Grant Deed dated February 27, 2018, from Susan A. Hawken, a single woman, as to 50% interest; and Lee/Hawken partnership, as to 50% interest to the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws for the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS -2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by the City Council on June 1, 1988, in the compliance with California Government Code Section 27281 and the grantee consents to recordation thereof by its duly authorized officer. 4— 2e) ,')p1� Date For the City of Santa Ana: CiV Manager U 14 1,T10► X; -I 11 I E ►1 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 Orange ) On April 25 2018 before me, Rosa A. Flores . Notary Public (insert name and title of the officer) personally appeared Raul Godinez ll, who proved to me on the basis of satisfactory evidence to be the person(a'j whose nameks'j is fare subscribed to the within instrument and acknowledged to me that hefsgeftherexecuted the same in his/-ta4arAhQ4�authorized capacitykl , and that by his4arAtheir signatureks�on the instrument the perso0-or the entity upon behalf of which the personKkted, 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. ROSA A. FLORES t Notary Public - California a "M�a"' Orang2Coun!y UW Commission s 2228450 .� My Comm. Expires Feb 7, 2022 SignatureC."' 1��' � • '``��It�'�'�'Y (Baso) ,C*rhOnwealth Land Title Company When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by THE. CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103. Recorded in Official Records, Orange County Hugh Nguyen, Clerlc-Recorder II 11 � 1 111 1�T' 111 1I1[1 1I111 1 NO FEE *$ R 0 0 1 0 2 9 7 6 1 4$* 2018000304713 8:00 am 08121118 47 NC -5 G02 5 0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE �\- 2-0+ tou CANCEL APPROVED AS TO APPROVED BY DESCRWTION DESCRIPTION A. P. MIMBER RAV MM PROJECT TAXES FORM BY ATTY, DIRECTOR WRITTEN BY CHECKED.O.K. 403.141_09 NUMBER MEMBER X 2246-2248 Snudi Cypress Avenue, Santa Ma, CA 92707 DG NJ� 1BER �-,oK375 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Susan A. Hawken, a single woman, as to 50% interest; and Lee/Hawken Partnership, as to 50% interest Do Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California, for public roadway purposes, all that real property in the City of Santa Ana, Orange County, State of California, located at 2246-2248 South Cypress Avenue, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated : 7 — Z 2 — / j' By: Sus n A. Hawken LEE/ i]AWI EF1 PARTNERSHIP Dated : 2 2-i B USC Its: u0mmonwealth Land Title Company When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103. SPACE ABOVE THIS LINE FOR RECORDER'S USE P.- 2-0�1- foto CANCEL APPROVED AS TO APPROVED BY DESCRBTION DESCRIPTION A. P. NUMBER NW MAP PROSECT TAXES FORMBYATTY. DIRECTOR WRITTENBY CHECREDQO.R. 403-141-09 NUMBER N ER X 2246-2248 South Cypress Avenue, Santa Ana, CA 92707 DEEgIN' ER I'xoN3JS GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Susan A. Hawken, a single woman, as to 50% interest; and Lee/Hawken Partnership, as to 50% interest Do Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California, for public roadway purposes, all that real property in the City of Santa Ana, Orange County, State of California, located at 2246-2248 South Cypress Avenue, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated : Z— 2 % — / r Dated : 2— —z % - If By. cam-- if . Susan A. Hawken LEE/RTNERSHIP B"= riVS%YJI /�. •wViQO Its: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE -.a .a .+:....----- ;d. i,i.. "..a. .y^: .,....... } 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 1 County of (lt-" q -P J} On ffl. 2�1 2^otk before me, AL1 I;emU , Date rN,he Officer personally appeared JUJah kylk, HIXAVkf& Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidenceo be the person whose name(A is/ar s bscribed to the within instrument and acknowledged to me that qb/she/th y executed the same in Vy /her/tty it authorized capacity(iVs), and thatby hA/her/thi/ir signatureV) on the instrument the perso4), or the entity upon behalf of which the person acted, executed the instrument. JULY LY Notary Pub11C Callforn(a 0ranpq County Comml6alon M 2150090 Mv Comm. l r/iA r25.2 on Place Notary Seal and/or Stamp Above 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. Signatu OPTIONAL of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 57UAIb"-A Document Date: Fa. .7-oIk NumberofPages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: SMOth, tMntf ti0l.Wcf/w ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General �( Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: W.PC.1 A Ill G( Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: LEGAL DESRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 35, 36, 37, AND 38 IN BLOCK B IN TRACT NO. 638, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE Assessor's Parcel Number: 403-141-09 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Grant Deed dated February 27, 2018, from Susan A. Hawken, a single woman, as to 50% interest; and Lee/Hawken partnership, as to 50% interest to the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws for the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS -2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by the City Council on June 1, 1988, in the compliance with California Government Code Section 27281 and the grantee consents to recordation thereof by its duly authorized officer. 4-' 2r,2 alb Date For the City of Santa Ana: CiV Manager 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 Orange ) On April 25 2018 before me, Rosa A. Flores, Notary Public (insert name and title of the officer) personally appeared Raul Godinez II, who proved tome on the basis of satisfactory evidence to be the person(e'Twhose name eo is 4arm subscribed to the within instrument and acknowledged tome that hefs4zi %/4 rey-executed the same in his/h4aahei.r-authorized capacity,(i.®sr and that by his" it signature>( on the instrument the person�<or the entity upon behalf of which the person(<acted, 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. ROSA A. FLORES Notary Public - California Orange County Commission sFeb 750 My C� Signature �" 1`001�' (Seal) Comm, Expires Feb'2022 BOE-502-A(PI)REV. 13 (08.17) PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by the transferee (buyer) prior to a transfer of subject property, In accordance with Section 480.3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Report must be glad with each conveyance In the County Recorder's office for the county where this property Is located. FOR ASSESSOR'S USE ONLY City of Santa Ana, a charter city and municipal corporation 20 Civic Center Plaza, M-30 Santa Ana, CA 92702 STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY ASSESSOR'S PARCEL NUMBER 403-141-09 SELLER/TRANSFEROR Susan A. Hawken and Lee/Hawken Partnership BUYER'S DAYTIME TELEPHONE NUMBER 714-647-5664 BUYER'S EMAIL ADDRESS ❑ YES I2LNO This property is intended ss my principal residence. It YES, please Indicate the date of occupancy I MO I DAY I YEAR or intended occupancy. ❑ YES ffNO Are you a disabled veteran ora unmarried surviving spouse ofa disabled veteran who was compensated at 100% by the Department of Veterans Affairs? MAIL PROPERTY TAX INFORMATION TO (NAME) MAIL PROPERTY TAX INFORMATION TO (ADDRESS) PART L TRANSFER INFORMATION Please complete all statements. This section contains possible exclusions from reassessment for certain types of transfers. ZIP CODE YES NO ❑ IN A. This transfer is solely between spouses (addition or removal ofa spouse, death ofa spouse, divorce settlement, etc.). ❑ [I B. This transfer le solely between domestic partners currently registered with the California Secretary of State (addition orremovel of a partner, death of a partner, terminaflon settlement, etc.). ❑ X* C. This Is a transfer: 0 between parent(s) and child(ren) ❑ from grandparent(s) to grandchild(ren). ❑ [K * D. This transfer Is the result of a cotenanl's death. Date of death ❑ ❑ * E. This transaction is to replace a principal residence by a person 55 years of age or older. Within the same county? ❑ YES ❑ NO ❑ F, This transaction is to replace a principal residence by a person who Is severely disabled as defined by Revenue and Taxation Code sectlon 59.5. Within the same county? ❑ YES 0 NO ❑ l& G. This transaction is only a correction of the names) of the person(s) holding title to the property (e.g., a name change upon marriage). If YES, please explain: ❑ IS H. The recorded document creates, terminates, or reconveys a lender's Interest in the property. ❑ ❑ I. This transaction Is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security Interest (e,g., cosigner). If YES, please explain: ❑ I$ J. The recorded document substitutes a trustee of a trust, mortgage, or other similar document. K. This is a transfer of property: ❑ IN 1. tolfrom a revocable trust that maybe revoked by the transferor and Is for the benefit of ❑ the transferor, end/or ❑ the transferor's spouse ❑ registered domestic partner. ❑ 13 2. tolfrom an irrevocable trust for the benefit of the ■ n ■ r. ■ 0 creator/grantorttrustor and/or 0 grantor's/trustoes spouse ❑ grantor'sltrustor's registered domestic partner. L. This property is subject to a lease with a remaining lease tens of 35 years or more Including written options, M. This Is a transfer between parties In which proportional Interests of the transferors) and transferee(s) In each and every parcel being transferred remain exactly the same after the transfer. N This is a transfer subject to subsidized low -Income housing requirements with governmentally imposed restrictions, or reslricllons Imposed by speoilicd nonprofit corporations. O. This transfer Is to the first purchaser of a new building containing an active solar energy system. P. Other. This transfer Is to * Please refer to the Instructions for Part 1. Please provide any other Information that will help the Assessor understand the nature of the transfer. THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION SFRM0017 (DSI Rev. 12120117) BOE -502-A (P2). REV. 13 (0-17) PART 2, OTHER TRANSFER INFORMATION Check and complete asapplicable. A. Date of transfer, If otherthanrecording dale: B. Type of Transfer tdPurchase ❑ Eoreciosure ❑ Gift 0Trade or exchange ❑ Merger, stock; or: partnership acquisition (FormSOE-100-B) ❑ Contract of sale. Date of contract: ❑ Inheritance, Date of death; ❑:Salelleaseback. ❑:Creation eta lease ❑ Assignment eta lease 13 Termination of a lease. Dale lease began Original term in years (fnciudingwritten options): Remaining term In years (including'wriden options): ❑Other. Please explain C. .Only a partial interest in the property was transferred. 0 YES N NO If YES, Indicate the percentage transferred: % PART 3: PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable: A Total purchase price. Is 1,650,000.00 B. Cash down: payment or value of trade or exchange excluding closing costs Amount $ C First deed of trust( _%interest for years, Monthly payment $ Amount $ 13 FHA (. .01swunrromre) ❑ Cal -Vet 0 VA(. bleount corms) ❑ Fixed rate 0 Variable rate ❑PanklSavings&Loan/Credit Union ❑ Loan carried byseller ❑ Balloon payment $ Due date: D. Second deed of trust@:%interest for years. Monthly. payment$:. Amount $ ❑ Fixed rate ❑ Variable: rate ❑ BanldSavings & Loan/Credit Union ❑ Loan carried by seller © Balloon payment $ Due date: E. Was an Improvement Bond or other public financing assumed by the buyer? ❑ YES ❑ NO Outstanding Balance $ E. Amount, if any, of real estate commission fees paid by the buyer which are. not Included In the purchase: price $ G. The property was purchased: ❑ Through real estate broker. Broker name: Phone number t )- ❑ Direct from seller ❑ From a family member -Relationship. ❑:Other: Please explain: H. Please explain any special terms, seller concessions,broker/agent fees waived financing,: and any other information (e.g., buyer assumed the existing loan balance) that would assist the Assessor in the valuation of your property. PART 4. PROPERTY INFORMATION Check and complete asapplleable.. A. Type of property transferred. ❑ Single-family: residence ❑ Coop/Own-your-own ❑ Manufactured: home t$ Multiple -family -residence. : Number of units: ❑ Condominiums ❑ Unimproved lot ❑ Other Deseliptiom (i.e., limber, mineral, water rights, eta.) ❑ Timeshare ❑ Commercialllndustrlal B- ❑ YES ❑ NO Personalibusiness Property, or provided byseller to buyer .are .Included In the purchase price Examples of personal property are furniture farm equipment, machinery, etc, Examples of Incentives are club memberships, etc. Attach list if available, If YES, enterfhe�value of the personal/business property: $ incentives $ G. ❑ YES ❑ NO A manufactured home IS -Included Inthe -purchase price, If YES, enter the value attributed to the manufactured home>. 11 YES ❑ NO The manufactured home is subject to local property tax. If NO enter decal number D- El YES ❑: NO The propertyproduces rental or other Income. If YES, the income is from:: ❑ Lesselrent ❑ Contract ❑ Mineral rights ❑.Other: _ E. The condition of the property at the time of sale was ❑ Good f$Average ❑ Fair ❑ Poor Please describe: including any best SFRM0017 (DSI Rev. 12J20/17)