HomeMy Public PortalAboutResolution - 04-28- 20040825 - Curto Purchase i
RESOLUTION NO. 04-28
RESOLUTION OF THE BOARD OF DIRECTORS OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,
AUTHORIZING GENERAL MANAGER OR OFFICER TO
EXECUTE THE CERTIFICATE OF ACCEPTANCE OF GRANT
TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO
EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY
OR APPROPRIATE TO CLOSING OF THE TRANSACTION
(SIERRA AZUL OPEN SPACE PRESERVE—LANDS OF CURTO)
i
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby
accept the offer contained in that certain Purchase Agreement between Sam Curto and Midpeninsula
Regional Open Space District,a copy of which is attached hereto and by reference made a part hereof,
and the President of the Board of Directors or an appropriate officer is authorized to execute the Purchase
Agreement on behalf of the District.
Section Two. The General Manager or President of the Board of Directors or other appropriate
officer is authorized to execute a Certificate of Acceptance on behalf of the District.
Section Three. The General Manager of the District shall cause to be given appropriate notice of
acceptance to the seller. The General Manager and General Counsel are further authorized to approve any
technical revisions to the attached Purchase Agreement and other transactional documents that do not
involve any material change to any term of the Purchase Agreement and that are necessary or appropriate
to the closing or implementation of this transaction.
Section Four. The General Manager of the District is authorized to expend up to $30,000 to
cover the cost of title insurance, escrow fees, demolition,and clean up costs and other miscellaneous costs
related to this transaction.
Section Five. It is intended, reasonably expected,and hereby authorized that the District's general
next the ne long-term fund will be reimbursed in the amount of$412,000 from the proceeds of District
note
Board of Directors of Midpeninsula Regional
ed b the g
n of Resolution
is adopted P
issue. This Section P y
r purposes of establishing compliance with the requirements of Section
Open Space District solely for p g P
P P
expenditure is consistent with
_ Regulations. The reimbursement of this paymentp
1.103 I E of the Treasury g
the District's budgetary and financial circumstances. There are no funds or sources of moneys of the
District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis,or
otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or
ors hereby
District. The Board o f Direct
reimbursed out of proceeds of indebtedness to be issued by the Distr y
declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space
land acquisition project expenditure.
RESOLUTION NO. 04-28
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on August 25, 2004, at a Regular Meeting thereof, by the following vote:
AYES: J. Cyr, M. Davey, N. Hanko, L. Hassett, D. Little, K. Nitz, P. Siemens
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST.
APPROVED:
&"4�i �
cretary
President
Board of Directors
Board of Directors
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that
the above is a true and correct copy of a resolution duly adopted by the Board of Directors of
the Midpeninsulag P p Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
Dist Clerk
i
i
u1 :47PM FROM-ALAIN PINEL 1-408-358-1 99 T-240 P•02/03 F-597
Page 2
3. B69roW. Promptly upon execution of this Agreeatent, in accordance with
Section 12 herein, an escrow shall be opened at North American Title Company, 497 N. Santa
Cruz Avenue, Los Gatos, CA 95030 (408) 399.4100, Escrow Officer, Susan Trovato (Escrow
number 54170645) or other title company acceptable to District turd Seller (hereinafter
"Escrow Holder") through which the purchase and sale of the Property shall be consummated,
A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as
escrow instructions to Escrow Holder; provided that the parties shall execute such additional
supplementary or customary escrow instructions as Escrow HoId:r may reasonably require.
This Agreement may be amended or supplemented by explicit additional escrow instructions
sijned by tie varti u the 1�jte4 nrj'tm (� cilch P.Rt`tnw i»atrtir h11 notrinnc notetanar�onAP
»+-.-w.. .a41a wli,' aa�l►aaau a1!►u�. ana.11llb va lYi`�j /��,cG111Gttt, U'C: UUUU111CLUM allU jn0I11e8 to tie
deposited into the escrow as he
rein provided, with the fallowing rerttis and conditions to apply
to said escrow:
A. The time provid
ed ed for in the escrow fnr the close thereof shall be an or
r before September 30, 2004, provided however, that the parties may, by written agreement,
extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date
wh
en Escrow Holder causes the Grant Deed (as defined below) tc be recorded in the Office of
the County Recorder of Santa Clara County.
B, Seller and District shall, during the escrow period, execute any and all
documents and perform any and all acts reasonably necessary or appropriate to consummate
the purchase and sale pursuant to the terms of this Agreement.
C. Seller shall deposit into the escrow on or before the Closing an executed
and recordable Grant Deed, covering the Property as described in said Exhibit "A."
D. District shall deposit into the escrow, on or before the Closing:
W The required Certificate of Acceptance for the Grant Deed, duly
executed by District and to be dated as of the Closing.
(ii) District's check payable to Escrow Folder in the amount of
Three hundred ninety nine thousand and No/100 Dollars ($399,000.00), which is the balance
of the Purchase Price of Four hundred thousand and No/100 Dollt rs as specified in Section 2.
The balance of$1,000.00 is paid into escrow in accordance with 'Section 12 of this
Agreement.
E. District shall pay all the escrow fees, Counrr transfer tax, the CLTA
Standard Policy of Title Insurance, if required by District, and all recording costs and fees.
All other costs or expenses not otherwise provided for in this Agreement shall be apportioned
or allocated between District and Seller in the manner customary in Santa Clara County. All
current property taxes on the Property shall be pro-rated through t:scrow between District and
Seller as of the Closing based upon the latest available tax infornu.tion using the customary
escrow procedures.
AUC-D3-04 01.d8Pm ;ROW-AIAIN PINE. 1-40t-1t8-1195 Y-240 P.03/03 F-597
Page 10
S. Afbi=iOn OL191putts. If a dispute arises out of or relates to this
Agreement or the performance or breach thereof,the parties agree Prat to participate in non•
binding mediation in order to resolve their dispute. If the parties are:unable to resolve their
dispute through mediation,or if there is any remaining unresolved controversy or claim
subsequent to mediation,any remaining unresolved controversy or claim shall be ne Wed by
binding arbitration. The parties shall jointly select one arbitrator who shall be a retired or former
judge of the Superior Court of California. The arbitration shall be cond=ted in accordance with
the rules set forth in California Code of Civil Procedure Sections 1280 er.seq. including the right
of discovery. Hearings shall be held in Santa Clara County, Califomia. If the patties are unable
to agree upon an arbitrator,the arbitration shall be conducted by Ju6cial Arbitration and
Mediatio
n Services Inc. in d acco ce ran with the rules thereof. If arbitration is required to resolve
a dispute, it shall in all cases be final and binding.
NOTICE: BY INITIALING IN THE SPACE BELOW,YOU ARE AGREEING TO
HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE
ARBITRATION OF DISPUTES PROVISION DECIDED BY I%TUTRAL ARBITRATION
AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS
YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR
JURY TRIAL.BY MI TIALING IN THE SPACE BELOW, YOU ARE GIVING UP
YOUR JUDICIAL RIGHTS TO APPEAL UNLESS THOSE RIGHTS ARE
SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION. IF
YOU REFUSE tO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS
PROVISION,YOU MAY BE COMPELLED TO ARBITRATE UNDER THE
AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN"rHE ARBITRATION OF
DISPUTES PROVISION TO NEUTRAL ARBITRATION.
SELLER INITIAL DISTRICT IN ITIAL
12, plance- Provided that this Agreement is executed by Seller and delivered
to District on or before August S, 2004, District shall have until midnight August 25, 2004 to
accept and execute this Agreement, and during said period this instrument shall constitute an
irrevocable offer by Seller to sell and convey the Property to District for the consideration and
under the terms and conditions herein set forth. Said offer shall remain irrevocable during this
period without the necessity of execution and acceptance of this Purchase Agreement by
District. As consideration for said irrevocable offer. District has laaW into escrow and Seiler
acknowledges receipt of the sum of One Thousand Dollars and Nc1100 ($1,OOt1.00), which
shall be applied to the Purchase Price as set forth in Section 2 here-of.
Provided that this Agreement is accepted by District, this transaction shall close as
soon as practicable in accordance with t1lie terms and conditions set forth herein.
1l!
111
PURCHASE AGREEMENT
This Agreement is made and entered into by and between SAM CURTO, an
unmarried man hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5
of the California Public Resources Code, hereinafter called "District."
RECITALS
WHEREAS, Seller is the owner of certain real property which has open space
and recreational value, located within an unincorporated area of the County of Santa'Clara,
and being more particularly described within the body of this Agreement; and
WHEREAS, District was formed by voter initiative to solicit and receive
conveyances of real property by purchase, exchange, gift, or bargain purchase for public park,
recreation, scenic and open space purposes; and
WHEREAS, District desires to purchase said property for open space
preservation and as part of the ecological, recreational, and aesthetic resources of the
midpeninsula area; and
WHEREAS, Seller wishes to sell and convey the entirety of said property to
District, and District wishes to purchase said property upon the terms and conditions set forth
herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises and covenants herein contained, the parties hereto agree as follows:
1. Purchase and Sale. Seller agrees to sell to District and District agrees to
purchase from Seller, Seller's real property located within an unincorporated area of the
County of Santa Clara, State of California, containing approximately One hundred sixty (160)
acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel
Number 558-26-004. Said property is further described in the Legal Description attached to
Preliminary Report number 54170645 from North American Title Company. A copy of said
Preliminary Report is attached hereto as Exhibit "A", and incorporated herein by this
reference. Said property is to be conveyed together with any easements, rights of way, or
rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all
improvements attached or affixed thereto. All of said real property and appurtenances shall
hereinafter be called the "Subject Property" or the "Property".
2. Purchase Price. The total purchase price ("Purchase Price") for the Property
shall be Four hundred thousand and No/100 Dollars ($400,000.00), which shall be paid in
cash at the "Closing" as defined in Section 3 hereof.
Page 2
3. Escrow. Promptly upon execution of this Agreement, in accordance with
Section 12 herein, an escrow shall be opened at North American Title Company, 497 N. Santa
Cruz Avenue, Los Gatos, CA 95030 (408) 399-4100, Escrow Officer, Susan Trovato (Escrow
number 54170645) or other title company acceptable to District and Seller (hereinafter
"Escrow Holder") through which the purchase and sale of the Property shall be consummated.
A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as
escrow instructions to Escrow Holder; provided that the parties shall execute such additional
supplementary or customary escrow instructions as Escrow Holder may reasonably require.
This Agreement may be amended or supplemented by explicit additional escrow instructions
signed by the parties, but the printed portion of such escrow instructions shall not supersede
any inconsistent provisions contained herein. Escrow Holder is hereby appointed and
instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be
deposited into the escrow as herein provided, with the following terms and conditions to apply
to said escrow:
A. The time provided for in the escrow for the close thereof shall be on or
before September 30, 2004, provided however, that the parties may, by written agreement,
extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date
when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of
the County Recorder of Santa Clara County.
B. Seller and District shall, during the escrow period, execute any and all
documents and perform any and all acts reasonably necessary or appropriate to consummate
the purchase and sale pursuant to the terms of this Agreement.
C. Seller shall deposit into the escrow on or before the Closing an executed
and recordable Grant Deed, covering the Property as described in said Exhibit "A."
D. District shall deposit into the escrow, on or before the Closing:
W The required Certificate of Acceptance for the Grant Deed, duly
executed by District and to be dated as of the Closing.
(ii) District's check payable to Escrow Holder in the amount of
Three hundred ninety nine thousand and No/100 Dollars ($399,000.00), which is the balance
of the Purchase Price of Four hundred thousand and No/100 Dollars as specified in Section 2.
The balance of$1,000-00 is paid into escrow in accordance with Section 12 of this
Agreement.
E. District shall pay all the escrow fees, County transfer tax, the CLTA
Standard Policy of Title Insurance, if required by District, and all recording costs and fees.
All other costs or expenses not otherwise provided for in this Agreement shall be apportioned
or allocated between District and Seller in the manner customary in Santa Clara County. All
current property taxes on the Property shall be pro-rated through escrow between District and
Seller as of the Closing based upon the latest available tax information using the customary
escrow procedures.
Page 3
F. Seller shall cause North American Title Company, or other title
company acceptable to District and Seller, to be prepared and committed to deliver to District,
a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the
amount of$400,000-00 for the Property showing title to the Property vested in fee simple in
District, subject only to: (i) current real property taxes, (ii) title exception 2, 3, 4 and 7 as
listed in Preliminary Report (Exhibit "A"), and (iii) such additional title exceptions as may be
approved in writing by District prior to the Closing as determined by District in its sole and
absolute discretion.
G. Escrow Holder shall, when all required funds and instruments have been
deposited into the escrow by the appropriate parties and when all other conditions to Closing
have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be
recorded in the office of the County Recorder of Santa Clara County. Upon the Closing,
Escrow Holder shall cause to be delivered to District the original of the policy of title
insurance required herein, and to Seller, Escrow Holder's check for the full purchase price of
the Subject Property (less Seller's portion of the expenses described in Section 3.E.), and to
District or Seller, as the case may be, all other documents or instruments which are to be
delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall
return all monies, documents or other things of value deposited in the escrow to the party
depositing the same.
4. Rialits and Liabilities of the Parties in the Event of Termination. In the event
this Agreement is terminated and escrow is canceled for any reason, all parties shall be
excused from any further obligations hereunder, except as otherwise provided herein. Upon
any such termination of escrow, all parties hereto shall be jointly and severally liable to
Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of
subrogation against any party whose fault may have caused such termination of escrow), and
each party expressly reserves any other rights and remedies which it may have against any
other party by reason of a wrongful termination or failure to close escrow.
5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or
written leases or rental agreements affecting all or any portion of the Subject Property. Seller,
further warrants and agrees to hold District free and harmless and to reimburse District for
any and all costs, liability, loss, damage or expense, including costs for legal services,
occasioned by reason of any such lease or rental agreement of the Property being acquired by
District, including, but not limited to, claims for relocation benefits and/or payments pursuant
to California Government Code Section 7260 et seq. Seller understands and agrees that the
provisions of this paragraph shall survive the close of escrow and recordation of any Grant
Deed(s).
6. Seller's R es. For the purpose of consummating the
sale and purchase of the Property in accordance herewith, Seller makes the following
representations and warranties to District, which shall survive close of escrow, each of which
is material and is being relied upon by District.
Page 4
A. Authority. Seller has the full right, power and authority to enter into
this Agreement and to perform the transactions contemplated hereunder.
B. Valid and Binding Agreements. This Agreement and all other
documents delivered by Seller to District now or at the Closing have been or will be duly
authorized and executed and delivered by Seller and are legal, valid and binding obligations of
Seller sufficient to convey to District the Subject Property described therein, and are
enforceable in accordance with their respective terms and do not violate any provisions of any
agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws
or corporate resolutions of Seller.
C. Good Title. Seller has, and at the Closing date shall have, good,
marketable and indefeasible fee simple title to the Subject Property and the interests therein to
be conveyed to District hereunder, free and clear of all liens and encumbrances of any type
whatsoever and free and clear of an
y recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted
under the express terms hereof, and Seller shall forever indemnify and defend District from
and against any claims made by any third party which are based upon any inaccuracy in the
foregoing representations.
7. Integri1y of Property. Except as otherwise provided herein or by express
written permission granted by District, Seller shall not, between the time of Seller's execution
hereof and the close of escrow, cause or allow any physical changes on the Property. Such
changes shall include but not be limited to grading, excavating or other earthmoving activities,
cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolishing
improvements or structures on the Property.
8. As-Is Purchase and.Sale. This sale is made without representation or warranty
by Seller, except as expressly set forth in this Agreement. Seller has provided District with
copies of all reports and documents in its possession regarding the improvements, physical,
geologic and environmental condition of the Property ("Disclosure Documents") known to
Seller for District' s inspection and review, as identified on exhibit "B," a copy of which is
attached hereto and incorporated by this reference. District acknowledges that Seller has
delivered to District the reports and documents listed in this Section, and that this list does not
relieve Seller of its obligation to provide District with all Disclosure Documents known to it.
Seller does not represent or warrant the accuracy of any information in the following reports,
and is presenting them to the District merely as part of the Seller's disclosure of reports Seller
has in its possession as described above.
District represents, warrants, acknowledges and agrees that it has had full and ample
opportunity prior to the execution of this Agreement to investigate the Property including, but
not limited to, the physical condition thereof; the presence, absence or condition of
improvements thereon; the suitability of the Property for any purpose; the compliance of the
Property for any purpose; the compliance of the Property with applicable laws; the condition
of the soil, water, vegetation, any water courses or bodies of water in, on or adjacent to the
Property and the surroundings of the Property; and that District shall purchase the Property
Page 5
AS-IS WITH ALL FAULTS. Except as expressly set forth in this Agreement, Seller
expressly disclaims any representations or warranties concerning any of the foregoing matters.
District represents and warrants to Seller that District has made visual inspections of the
d that
Property and such geologic, soils and other tests as District deems appropriate, an
District accepts the condition of the Property as set forth above.
9. Hazardous Waste.
A. Definitions. The term "Hazardous Waste," as used herein, means any
substance, material or other thing regulated by or pursuant to any federal, state or local
environmental law by reason of its potential for harm to human healt
h or the environ
ment
because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term
"Hazardous Waste also includes without limitation, polychlorinated biphenyls, benzene,
asbestos, petroleum, petroleum by-products, gas, gas liquids and lead.
The term "Environmental Law" as used herein includes, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
Sec
tion 9601 et se .) and the Resource Conservation and Recovery Act (42 U.S.C. Section
6901 et seq.)
Warranties. For the purpose of consummating the
B. Representations an dW
d warranties to
sale and purchase of the Property, Seller makes the following representations an
District which sha
ll survive close of escrow, each of which is material and is being relied
upon by District:
d e without further inquiry the Property
actua
l know
ledge q
(i) To Sellers g i
does not contain and has not previously contained any Hazardous Waste or underground
storage tanks, and no Hazardous Waste has been or is being used, manufactured, handled,
generated, stored, treated, discharged, present, buried or disposed of on, under or about the
e rmitted
undertaken, ,
Sell
er unde ,
Property, or transported to or from the Property,
no
r has P
authorized or suffered any of the foregoing;
(ii) To Seller's actual knowledge without further inquiry, Seller has
not received any notice and Seller has no actual knowledge that any private person or
governmental authority or administrative agency or any employee or agent thereof has
determined,
ermined al
leged
ed or co
mmenced
enced or threatened to commence any litigation, or other proceedings, to determine that there is a presence, release, threat of release, placement on,
under or about the Property, or the use, manufacture, handling, generation, storage, treatment,
discharge, burial or disposal on, under or about the Property, or the transportation to or from
the Property, of any Hazardous Waste, nor has Seller received any communication from any
such person or governmental agency or authority concerning any such matters.
C. Indemni . Seller shall indemnify, defend and hold harmless District
from and against and all claims, liabilities, losses, damages, and costs incurred or suffered by
District, including without limitation, attorney, engineering and other professional or expert
fees, to the extent arising from any breach of the warranties or representations contained
herein.
Page 6
10. Waiver of Relocation Benefits and Statutory Compensation. Seller and District
understand and agree that Seller may be entitled to receive certain relocation benefits and the
fair market value of the Property described in Exhibit "A," as provided for by the Federal
Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-
646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the
Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-
256) (42 U.S.C. 4601 et seq.), and the California Relocation Assistance Act, Government
Code Section 7260 et seq. Seller hereby waives any and all existing and/or future claims or
rights Seller may have to any relocation assistance, benefits, procedures, or policies as
provided in said laws or regulations adopted there under and to any other compensation,
except as provided in this Agreement. Seller has been advised as to the extent and availability
of such benefits, procedures, notice periods, and assistance, and freely and knowingly waives
such claims, rights and notice periods except as set forth in this Agreement, including the fair
market value of said Property, as provided for by said Federal Law and any similar California
Law.
11. Miscellaneous Provisions.
A. Access.for Investigations. From the date Seller delivers an executed
copy of this Purchase Agreement to District and until the Closing, District and District's
agents, lender, contractors, engineers, consultants, employees, subcontractors and other
representatives (the District Parties) may, upon the giving of reasonable advance written notice
to Seller, enter upon the Property for the purpose of inspecting, testing and evaluating the
same; provided, however, that District may not perform any work on the Property without
Seller's prior written consent, which shall not be unreasonably withheld or delayed, and
further provided that District shall give Seller at least 24 hours prior notice of each proposed
entry by District. District shall indemnify, protect, defend and hold Seller free and harmless
from and against any and all claims, actions, causes of action, suits, proceedings, costs,
expenses (including, without limitation, reasonable attorneys fees and costs), liabilities,
damages, and liens caused by the activities of District Parties while upon the Property prior to
the Closing; provided, however, the foregoing indemnity shall not cover or include any
claims, damages or liens resulting from District's discovery of any Hazardous Waste or other
pre-existing adverse conditions pursuant to its inspections, testing or evaluation. District's
inspections shall be at District's sole expense. District shall repair any damage to the Property
that may be caused by the District Parties while on the Property performing its inspections.
B. Choice of Law. The internal laws of the State of California, regardless
of any choice of law principles, shall govern the validity of this Agreement, the construction
of its terms and the interpretation-of the rights and duties of the parties.
C. Attomgys' Fees. If either party hereto incurs any expense, including
reasonable attorneys' fees, in connection with any action, proceeding or arbitration instituted
by reason of any default or alleged default of the other party hereunder, the party prevailing in
such action or proceeding shall be entitled to recover from the other party reasonable expenses
and attorneys' fees in the amount determined by the Court, whether or not such action,
Page 7
ttl
proceeding or arbitration'goes to final judgment. In the event of a settlement or final judgment
in which neither party is awarded all of the relief prayed for, the prevailing party as
determined by the Court shall be entitled to recover from the other party reasonable expenses
and attorneys' fees.
D. Amendment and Waiver. The parties hereto may by mutual written
agreement amend this Agreement in any respect. Any party hereto may in writing: (i) extend
the time for the performance of any of the obligations of the other party; (ii) waive any
inaccuracies in representations and warranties made by the other party contained in this
Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other
party with any of the covenants contained in this Agreement or the performance of any
obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to
the performance by such party of any of its obligations under this Agreement. The General
Manager is authorized to agree to an extension of the time for the performance of any
obligations on the part of District or Seller pursuant to this Agreement, and to take any actions
and execute any documents necessary or appropriate to closing escrow and completing this
conveyance, including execution of any documents which may allow Seller to accomplish a tax
deferred exchange of property as pennitted by law; provided, however that the District shall
not take title to any third party property other than the Subject Property. Any agreement on
the part of any party for any such amendment, extension or waiver must be in writing.
E. Rights Cumulative. Each and all of the various rights, powers and
remedies of the parties shall be considered to be cumulative with and in addition to any other
rights, powers and remedies which the parties may have at law or in equity in the event of the
breach of any of the terms of this Agreement. The exercise or partial exercise of any right,
power or remedy shall neither constitute the exclusive election thereof nor the waiver of any
other right, power or remedy available to such party.
F. Notices. Whenever any party hereto desires or is required to give any
notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such
communication shall be in writing and shall be deemed to have been validly served, given or
delivered at the time stated below if deposited in the United States mail, registered or certified
and return receipt requested, with proper postage prepaid, or if delivered by Federal Express
or other private messenger, courier or other delivery service or sent by facsimile transmission
by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as
indicated as follows:
Seller: Sam Curto, c/o
Jim Meech, Alain Pinel Realtors
214 Los Gatos - Saratoga Road
Los Gatos, CA 95030
Telephone: (408) 358-1111 ext. 199
FAX: (408) 358-1199
Page 8
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: L. Craig Britton, General Manager
Telephone: (650) 691-1200
FAX: (650) 691-0485
If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile
or cabled notice shall promptly be sent by mail (in the manner provided above) to the
addressee. Service of any such communication made only by mail shall be deemed complete
on the date of actual delivery as indicated by the addressee's registry or certification receipt or
at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier
in time. Either party hereto may from time to time, by notice in writing served upon the other
as aforesaid, designate a different-mailing address or a different person to which such notices
or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement
shall excuse either party from giving oral notice to the other when prompt notification is
appropriate, but any oral notice given shall not satisfy the requirement of written notice as
provided in this Section.
G. Severability. If any of the provisions of this Agreement are held to be
void or unenforceable by or as a result of a determination of any court of competent
jurisdiction, the decision of which is binding upon the parties, the parties agree that such
determination shall not result in the nullity or unenforceability of the remaining portions of
this Agreement. The parties further agree to replace such void or unenforceable provisions,
which will achieve, to the extent possible, the economic, business and other purposes of the
void or unenforceable provisions.
H. Counterparts. This Agreement may be executed in separate
counterparts, each of which shall be deemed as an original, and when executed, separately or
together, shall constitute a single original instrument, effective in the same manner as if the
parties had executed one and the same instrument.
I. Waiver. No waiver of any term, provision or condition of this
Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed
to be, or be construed as, a further or continuing waiver of any such term, provision or
condition or as a waiver of any other term, provision or condition of this Agreement.
J. Entire Agreement. This Agreement is intended by the parties to be the
final expression of their agreement; it embodies the entire agreement and understanding
between the parties hereto; it constitutes a complete and exclusive statement of the terms and
conditions thereof, and it supersedes any and all prior correspondence, conversations,
negotiations, agreements or understandings relating to the same subject matter.
K. Time of Essence. Time is of the essence of each provision of this
Agreement in which time is an element.
Page 9
L. Survival of Covenants. All covenants of District or Seller which are
expressly intended hereunder to be performed in whole or in part after the Closing, and all
representations and warranties by either party to the other, shall survive the Closing and be
binding upon and inure to the benefit of the respective parties hereto and their respective heirs,
successors and permitted assigns.
M. Assignment. Except as expressly permitted herein, neither party to this
&_
Agreement shall assign its rights or obligations under this Agreement to any third party
without the prior written approval of the other party.
N. Further Documents and A Each of the parties hereto agrees to
y be reasonably
execute and deliver such further documents and perform such other acts as ma
necessary or appropriate to consummate and carry into effect the transactions described and
contemplated under this Agreement.
O. Binding on Successors and Assigns. This Agreement and all of its
terms, conditions and covenants are intended to be fully effective and binding, to the extent
'is and permitted assigns of the parties hereto.
permitted by law, on the success6
P. Broker's Com mission. The District has retained its own Broker in
CO
nnection with this transaction. District is solely responsible for payment of any and all
commission or compensation due to its own Broker in connection with this transaction, if any.
the Listing Agreement retaining Alain Pinel Realtors ("Seller's
Seller has entered into
Broker") as its broker in connection with this transaction. Notwithstanding anything to the
the successful completion and consummation of
contrary in the Listing Agreement, solely upon
this transaction, District shall pay into escrow the sum of$12,000 to Seller's Broker as
compensation for Seller's Broker's services in connection with this transaction. No other
compensation or commission is due or payable by District to Seller's Broker. Seller is solely
responsible for payment of any and all additional commission or compensation due to Seller's
Broker in connection with this transaction, if any. Seller represents and warrants that no other
broker besides Seller's Broker, has been retained or consulted by Seller in connection with this
transaction. Seller agrees to defend, indemnify and hold District harmless from any and all
claims, expenses, costs or liabilities arising out of a breach of Seller's representations and
warranties herein, or arising from any broker, agent, finder or person, licensed or otherwise,
claiming through, under or any reason of the conduct of Seller in connection with this
transaction.
Q. Captions. Captions are provided herein for convenience only and they
form no part of this Agreement and are not to serve as a basis for interpretation or
construction of this Agreement, nor as evidence of the intention of the parties hereto.
R. Pronoun References. In this Agreement, if it be appropriate, the use of
the singular shall include the plural, and the plural shall include the singular, and the use of
any gender shall include all other genders as appropriate.
Page 10
S. Arbitration of Disputes. If a dispute arises out of or relates to this
Agreement or the performance or breach thereof, the parties agree first to participate in non-
binding mediation in order to resolve their dispute. If the parties are unable to resolve their
dispute through mediation, or if there is any remaining unresolved controversy or claim
subsequent to mediation, any remaining unresolved controversy or claim shall be settled by
binding arbitration. The parties shall jointly select one arbitrator who shall be a retired or former
judge of the Superior Court of California. The arbitration shall be conducted in accordance with
the rules set forth in California Code of Civil Procedure Sections 1280 et. seq. including the right
of discovery. Hearings shall be held in Santa Clara County, California. If the parties are unable
to agree upon an arbitrator,the arbitration shall be conducted by Judicial Arbitration and
Mediation Services, Inc. in accordance with the rules thereof. If arbitration is required to resolve
a dispute, it shall in all cases be final and binding.
NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO
HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE
ARBITRATION OF DISPUTES PROVISION DECIDED BY NEUTRAL ARBITRATION
AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS
YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR
JURY TRIAL. BY INITIALING IN THE SPACE BELOW,YOU ARE GIVING UP
YOUR JUDICIAL RIGHTS TO APPEAL UNLESS THOSE RIGHTS ARE
SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION. IF
YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS
PROVISION,YOU MAY BE COMPELLED TO ARBITRATE UNDER THE
AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE ARBITRATION OF
DISPUTES PROVISION TO NEUTRAL ARBITRATION.
SELLER INITIAL DISTRICT INITIAL t1
12. Acceptance. Provided that this Agreement is executed by Seller and delivered
to District on or before August 5, 2004. District shall have until midnight August 25, 2004 to
accept and execute this Agreement, and during said period this instrument shall constitute an
irrevocable offer by Seller to sell and convey the Property to District for the consideration and
under the terms and conditions herein set forth. Said offer shall remain irrevocable during this
period without the necessity of execution and acceptance of this Purchase Agreement by
District. As consideration for said irrevocable offer, District has paid into escrow and Seller
acknowledges receipt of the sum of One Thousand Dollars and No/100 ($1,000.00), which
shall be applied to the Purchase Price as set forth in Section 2 hereof.
Provided that this Agreement is accepted by District, this transaction shall close as
soon as practicable in accordance with the terms and conditions set forth herein.
Page 11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers to be effective as of the date of final execution by
District in accordance with the terms hereof.
DISTRICT: SELLER:
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT Sam Cu
ACCEPTED FOR RECOMMENDATION Date: 7- 5
C_ (-j
Michael C. Williams, Real Property
Manager
APP
ROVED AS TO FO
RM:
Susan M. Schectman, General Counsel
7 MENDED FOR APPROVAL:
L. Crai4
g Britton
General Manager
APPROVED AND ACCEPTED:
President, Board of Directors
ATTEST:
Distr' lerk
Date:
Exhibit A
CNORTH
A00 CAN DIRECT ALL INQUIRIES TO:
TIT LE
Escrow Of
ficer: Susan K.Trovato
9COMPAW Telephone No.: (408) 399-4100
Our No.: 56007-54170645-SKT
North American Title Company
Attn: Susan Trovato
497 N. Santa Cruz Avenue
Los Gatos CA 95030
Preliminary Report
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,
North American Title Company,Inc.
HEREBY REPORTS THAT IT IS PREPARED TO ISSUE,OR CAUSE TO BE ISSUED,AS OF THE DATE HEREOF,
A POLICY OR POLICIES OF TITLE INSURANCE, DESCRIBING THE LAND AND THE ESTATE OR INTEREST
HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY
EXCLUDDELIEN,
OR FROM COVERAGE ENCUMBRANCE NOT PURSUANT To TOR THEERRED TO PRINTED AS AN EXCEPTION BELOW R NOT
SCHEDULES, CONDITIONS AND
EXCLU
STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXSCON FROM THE COVERAGE OF SAID OPIES OF THE POLICY FORMS $ ICIES ARE
HOUOLD BE READ,LICY OR LTHEY ARE
SET FORTH ON THE ATTACHED COVER,
AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND
EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS ARE MEANT TO
PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE
INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS
TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES
AFFECTING TITLE TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE
PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS
ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A
POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED.
Dated as of April 26, 2004 Pam Thompson
at 07:30 am Title Officer
497 N. Santa Cruz Avenue, Los Gatos,CA 95030
Phone No.: (408) 399-4100 Fax No.: (408) 354-3212
The form of policy of title insurance contemplated by this report Is:
1990- CLTA Owner's Standard Coverage
The estate or interest in the land hereinafter described or referred to covered by this report is:
A fee
Title to said estate or interest at the date hereof is vested in:
Sam Curto, an unmarried man
Page 2
KT
Or
der No.: 56007 54170645-S
Description:
The land referred to herein is situated in the State of California,County of Santa Clara,
Unincorporated Area,and is described as follows:
THE NORTHWEST ONE-QUARTER OF SECTION 14,TOWNSHIP 9 SOUTH, RANGE 1 WEST,
MOUNT DIABLO BASE AND MERIDIAN.
APN: 558-26-004
Page 3
Order No.: 56007-54170645-SKT
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions
contained in said policy form would be as follows:
ents collected with taxes,including utility
1 General and Special Property Taxes, and any assessments
assessments, are a lien not yet payable to be levied for the fiscal year 2004-2005.
2. The Lien of Supplemental Taxes,if any, assessed pursuant to the provisions of Chapter 3.5
(commencing with Section 75)of the Revenue and Taxation Code of the State of California.
3. Rights of the public,county and/or city in that portion lying within the street as it now exists:
Wrights Station Road
4. Covenants, Conditions and Restrictions imposed by a Land Conservation Contract executed
pursuant to Section 51200 et seq. of the California Government Code.
Dated: November 21, 1972
Executed By: County of Santa Clara and Conrad O. Hansen
Recorded: February 26, 1973
Instrument No.: 4458549
Book: 0250
Page: 1
5. An Abstract of Judgment in the amount shown below and any other amounts due.
Entered: February 28, 2001
Amount: $3,959.14
Debtor: Sam Curio
Creditor: Domencio J. Manzone, M.D.
County: Santa Clara
Court: Superior Court
Case No.: CV 780323
Recorded: March 12, 2003
Instrument No.: 16879798
6. Any rights, interests or claims of parties in possession of the land not shown by the public
records.
7. Any facts, rights, interests or claims which a correct survey would show.
Page 4 Order No.: 56007-54170645-SKT
INFORMATIONAL NOTES:
A. There are no conveyances affecting said land recorded within (24) months of the date of
� this report.
� B. This charge fora policy of title insurance, if issued through this title order,will be based mnthe basic
insurance rate.
C. General and Special Property Taxes for the fiscal year shown below have been paid.
Fiscal Year: 2003'2OD4
Total Amount: $471.52
First Installment: $235'76Poid
Second Installment: $235.76 Paid
� Land: $6.620.00
� Code Area: 80-008
� Parcel Number 558'26-004
� D. Pursuant to Section 12413.1of the insurance code funds d ineacnzvvnnuatba held for the
� following time periods before they can be disbursed:
�
� 1 Cash or wired funds--available for immediate disbursal after deposit in bank or confirmation
of receipt inaccount. Bear in mind that Cash will be accepted from customers only under
� a|circumstances an individually approved by management.
� 2 -' certified checks, Uchecks--nextd available funds.
3. All' Cashierother checks,must in accordance with regulation CC adopted by the Federal
Reserve Board of Governors before they must bedisbursed.
� 4. Ora�amust beooUe�ed before they may bedisbursed.
�
� North American Title Company will not be responsible for accruals of interest or other charges
� resulting from compliance with the disbursement restrictions imposed bystate law.
For Your Information,Our Wire Instructions Are:
� Wire To: Credit The Account of:
ConnohoaBanh North American Title Company
� 75E'Trimble Bank Account No.: 1882618109
�acro�No .' 56007'54170645-SKT
� ��n�000' {�A S�131 .
Routing No.- 121137522 Branch/County No.: 560'07
� Attn: Susan K.Tnovoto
�
�
�
Pama�
- Order No.: 56007'54170645-SH3'
r • w
GOOD FUNDS LAW
CALIFORNIA ASSEMBLY BILL 512 (-AB512") IS EFFECTIVE ON JANUARY 1, 1990. UNDER A13512, NORTH
AMERICAN TITLE COMPANY, INC. ("NORTH AMERICAN
M WTITLE ITH COMPHE LOWING RULES:
MAY ONLY MAKE FUNDS
AVAILABLE FORO MON
ETARY DISPERSA
L IN ACCORDANCE
SAME DAY AVAILABILITY - DISBURSEMENT ON THE DATE OF DEPOSIT IS ALLOWED ONLY WHEN FUNDS
ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY (-NORTH AMERICAN TITLE COMPANY, INC.-) IN
CASH OR BY ELECTRONIC TRANSFER (WIRE). BEAR IN MIND THAT CASH WILL BE ACCEPTED FROM
CUSTOMERS ONLY UNDER SPECIAL CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT.
NEXT DAY AVAILABILITY - IF FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY, INC. BY
CASHIER'S CHECKS, CERTIFIED CHECKS, OR TELLER'S CHECKS, DISBURSEMENT MAY BE ON THE NEXT
BUSINESS DAY FOLLOWING DEPOSIT. A "TELLER'S CHECK" IS ONE DRAWN BY AN INSURED FINANCIAL
INSTITUTION AGAINST ANOTHER INSURED FINANCIAL INSTITUTION (E.G., A SAVINGS AND LOAN FUNDING
WITH A CHECK AGAINST A FDIC INSURED BANK).
2-5 DAY AVAILABILITY (REGULATION CC). IF THE DEPOSIT IS MADE BY CHECKS OTHER THAN THOSE
DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE, DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS
MUST BE MADE AVAILABLE TO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC. THIS REQUIRES
A"HOLD"ON SOME CHECKS OF 2-5 DAYS OR LONGER IN SOME INSTANCES. PERSONAL CHECKS,DRAFTS,
PRIVATE CORPORATION AND COMPANY CHECKS, AND FUNDING CHECKS FROM MORTGAGE COMPANIES
THAT ARE NOT TELLER'S CHECKS ARE AMONG THOSE CHECKS SUBJECT TO SUCH HOLDS. (FOR
FURTHER DETAILS,CONSULT CHAPTER 598,STATUTES OF 1989.)
NOTE: THE ABOVE GUIDELINES ARE IN CONFORMITY WITH THOSE ISSUED BY THE DEPARTMENT OF
INSURANCE FOR ALL CALIFORNIA TITLE INSURANCE AND CALIFORNIA TITLE COMPANIES.
PRELIMINARY CHANGE OF OWNERSHIP REPORT
NOTE: ON OR AFTER JULY 1, 1985, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE
REGULAR CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF
OWNERSHIP IS ACCOMPANIED BY A PRELIMI
NARY CHA
NGE OF OWN
ERSHIP
IP REPORT. IN LIEU OF SA
ID
REPORT, SIGNED BY THE TRANSFEREE,THE RECORDER WILL ACCEPT AN AFFIDAVIT THAT THE TRANSFEREE
IS NOT A RESIDENT OF CALIFORNIA. TITLE BILLINGS WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES
WHEN APPLICABLE.
IRS FORM 1099
BEFORE THE TRANSACTION CONTEMPLATED BY THIS REPORT CAN BE CLOSED, THE SELLER/BORROWER
MUST FURNISH A TAXPAYER IDENTIFICATION NUMBER TO US SO THAT WE CAN FILE AN IRS FORM 1099,OR ITS
EQUIVALENT, WITH THE INTERNAL REVENUE SERVICE. THIS PROCEDURE IS REQUIRED BY SECTION 6045 OF
THE INTERNAL REVENUE SERVICE.
NOTICE OF A WITHHOLDING REQUIREMENT
State Withholding & Reporting for closings after January 1, 2003: Under California Law(Rev &Tax Code 18662) a
buyer may be required to withhold and deliver to the Franchise Tax Board (FTB) an amount equal to 3.33%of the
sales price in the case of disposition of California real property interest("Real Property")by either: 1)a seller who
Is an individual or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary
of seller,or 2)a corporate seller that has no permanent place of business in California. Buyer may be subject to a
penalty (equal to the greater of 10% of the amount required to be withheld or $500) for failing to withhold and
transmit the funds to FTB in the time required by law. Buyer Is not required to withhold any amount and will not be
subject to penalty for failure to withhold if:a)the sale price of the Real Property does not exceed$100,000; b)the
seller executes a written certificate under penalty of perjury certifying that the seller is a corporation with a
permanent place of business in California;or c)the seller,who is an individual,executes a written certificate under
penalty of perjury certifying one of the following: (1) the Real Property was the seller's principal residence (as
defined in IRC 121); (ii) the Real Property Is or will be exchanged for property of likekind(as defined in IRC 1031)
and that the seller intends to acquire property similar or related in service or use so as to be eligible for
nonrecognition of gain for California Income tax purposes under IRC 1031; (Ili) the Real Property has been
compulsorily or involuntarily converted(as defined in IRC 1033) and the seller intends to acquire property similar
or related in service or use as to be eligible for nonrecognition of gain for California income tax purposes under
IRC 1033; or (iv) the Real Property sale will result in loss of California income tax purposes. Seller is subject to
penalties for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding laws. FTB may
grant reduced withholding and waivers from withholding on a case-by-case basis for corporations or other entities.
For additional information regarding California withholding, contact the Franchise Tax Board at(toll free)888-792-
4900),or by e-mail at urws@ftb.ca.gov or visit their website at www.ftb.ca.gov.
Page 6
r)rHar Nn - 58007-54170645-SKT
,SUN-14-�20a4 13:08 HFIT PLC.I C SERV I CES D I V 925 251 W 04 F•02�
a
f p
r
w_
I � E
Y w •E
V�
I �E
w Y _
� B
1 •
a
j
Page 7 Order No.: 56007-54170645-SKT
I
Page 12
EXHIBIT B
DISCLOSURE DOCUMENTS
1 Seller Documentation and Additional Disclosure
2. JCP Report
3. California Tax Data Disclosure
4. The JCP EnviroCheck Disclosure Report
5. Supplemental Statutory Disclosure
6. Explanation of Arbitration Clauses
7. Seller's Affidavit of Non-Foreign Status
8. Agent's Inspection Disclosure
9. Residential Earthquake Hazards Report
10. Disclosure Regarding Issuance of Preliminary Liquefaction and Landslide Map
11. PRDS Mold/Allergen Advisory
12. PRDS Lead-Based Paint and Lead-Based Paint Hazards Disclosure and Acknowledgment