HomeMy WebLinkAboutCO 2025-080 - John Alvarez
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PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
(the “Agreement”) is dated as of July 16, 2025 (the “Effective Date”) and is entered into by and
between John Alvarez and/or assignee (“Buyer”), and the CITY OF RANCHO CUCAMONGA,
a municipal corporation (“Seller”).
RECITALS
A. Seller owns the land described on Exhibit “A” and all improvements thereon (the
“Property”), having a street address of 7368 Archibald Avenue, Rancho Cucamonga, California
91730 (APNs: 0208-031-17-0000, 0208-031-54-0000, 0208-031-55-0000, 0208-031-56-0000,
and 0208-031-57-0000) in the County of San Bernardino.
B. Buyer desires to acquire the Property from Seller, and Seller desires to convey the
Property to Buyer.
C. Seller desires to lease back the property from buyer after purchase, as provided in
a separate lease agreement (the “Lease”), a form of which is attached hereto as Exhibit “C”.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00), the mutual covenants in
this Agreement, and other consideration the sufficiency of which is hereby acknowledged, Buyer
and Seller hereby agree as follows:
1. Purchase and Sale. Seller agrees to sell the Property to Buyer, and Buyer agrees to
purchase the Property from Seller, subject to and in accordance with the terms and conditions
hereinafter set forth. Buyer shall have the right to assign this Agreement to any entity that is owned
or controlled solely by Buyer prior to the close of Escrow.
2. Opening and Closing of Escrow. Within five (5) business days after the Effective
Date, Buyer and Seller shall deliver a copy of this fully executed Agreement to, and shall open an
escrow (the “Escrow”) with, Town & Country Escrow Corp., Attn: Pam Walker, 391 Main Street,
Suite 112, Corona, California 92880 (the “Escrow Holder”) (Phone No. (909) 985-9950). The
“Title Company” shall be First American Title Company at 777 South Figueroa Street, Suite 200,
Los Angeles, CA 90017. As used herein, the term “Close of Escrow” shall mean that a grant deed
for the Property in favor of Buyer in the form attached hereto as Exhibit “B” is recorded in the
Official Records of the San Bernardino Recorder’s Office in accordance with and subject to the
terms hereof. The Close of Escrow or Closing shall occur within thirty (30) days after the end of
the Contingency Period, as defined in Section 6.1 below (the “Closing Date”).
3. Purchase Price. The purchase price for the Property (“Purchase Price”) is TWO
MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS ($2,850,000.00).
4. Deposit. Within two (2) business days following the Effective Date, Buyer shall
deliver funds, by check, wire transfer or other means, in the amount of TWO HUNDRED
THOUSAND DOLLARS ($200,000.00), to the Escrow Holder to be deposited in an interest-
bearing account and held as an earnest money deposit under the Escrow pursuant to the terms and
provisions hereof (which earnest money deposit, together with the interest thereon, is herein called
City of Rancho Cucamonga
CONTRACT NUMBER
2025-080
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the “Deposit”). The Deposit shall be: (i) applicable to the Purchase Price; (ii) refunded to Buyer
if the Close of Escrow does not occur due to a failure of a condition to closing or if the Seller
defaults or pursuant to Buyer’s termination rights pursuant to the terms of this Agreement; and
(iii) retained by the Seller as liquidated damages in accordance with the following.
If Buyer breaches any obligation hereunder which Buyer is to perform prior to the Close
of Escrow, and Buyer fails to cure such breach within five (5) business days after receipt of written
notice from Seller, then Seller may terminate this Agreement and the Escrow by giving written
notice of such termination to Buyer and Escrow Holder, and the Deposit shall then be retained by
Seller as liquidated damages for Buyer’s uncured default, as Seller’s sole and exclusive remedy
for Buyer’s uncured default.
IF CLOSING FAILS TO OCCUR SOLELY BECAUSE OF BUYER’S UNCURED
DEFAULT, SELLER WILL BE DAMAGED AND WILL BE ENTITLED TO
COMPENSATION FOR THOSE DAMAGES, BUT SUCH DAMAGES WILL BE
EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. BUYER DESIRES
TO LIMIT THE AMOUNT OF DAMAGES FOR WHICH BUYER MIGHT BE LIABLE
SHOULD BUYER BREACH THIS AGREEMENT. BOTH BUYER AND SELLER WISH
TO AVOID THE COSTS AND LENGTHY DELAYS THAT WOULD RESULT IF
SELLER FILED A LAWSUIT TO COLLECT ITS DAMAGES FOR A BREACH OF THIS
AGREEMENT. IF CLOSING FAILS TO OCCUR BECAUSE OF BUYER’S UNCURED
DEFAULT, THEN THE DEPOSIT SHALL BE DEEMED TO CONSTITUTE A
REASONABLE AND FINAL ESTIMATE OF SELLER’S DAMAGES AND SHALL BE
RETAINED BY SELLER AS LIQUIDATED DAMAGES AS SELLER’S SOLE AND
EXCLUSIVE REMEDY. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE
READ AND UNDERSTAND THE PROVISIONS OF THIS SECTION AND BY THEIR
INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS.
THE PARTIES ACKNOWLEDGE THAT THE PAYMENT OF SUCH
LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY
WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369,
BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER
PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. THIS
SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
BUYER’S INITIALS SELLER’S INITIALS
5. Title.
5.1 Condition of Title; Title Policy. It is a condition to the Close of Escrow that
the Title Company be committed to issue to Buyer at Seller’s expense, upon Close of Escrow, a
standard owner’s policy of title insurance (“Title Policy”) in an amount equal to the Purchase
Price, showing the Property subject only to the Permitted Exceptions (as defined in Section 5.2).
Buyer may instead elect to obtain an extended coverage owner’s policy of title insurance
(“Extended Policy”) provided: (a) Buyer pays for all additional premiums and any other fees and
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costs attributable thereto, and (b) Buyer shall be solely responsible for the additional requirements
for the issuance of the Extended Policy (such as an ALTA survey).
5.2 Permitted Exceptions. The term “Permitted Exceptions” as used herein
shall mean the following described conditions and exceptions to title:
5.2.1 Matters affecting the condition of title created by or with the written
consent of Buyer.
5.2.2 Liens for property taxes and assessments not yet payable.
5.2.3 Other exceptions to title disclosed by the Title Report (defined
below) that have not been disapproved in writing by Buyer prior to the end of the Contingency
Period.
5.2.4 The Lease on the form attached hereto as Exhibit “C.”
5.3 Representations.
Buyer hereby represents and warrants to Seller as of the date hereof that:
(i) Buyer has authorized and approved this Agreement; and
(ii) This Agreement does not violate any other agreements by which
Buyer is bound.
Seller hereby represents and warrants to Buyer that as of the Closing Date:
(i) Seller has the full power and authority to enter into this Agreement
and to consummate the transactions contemplated herein. The execution and delivery of this
Agreement and the performance of Seller’s obligations hereunder have been duly authorized.
(ii) Seller is the lawful owner of the Property and has good and
marketable title to the Property, free and clear of all liens, encumbrances, claims, and interests,
except for the Permitted Exceptions.
(iii) The execution, delivery, and performance of this Agreement by
Seller will not violate any provision of any law, regulation, order, agreement, or instrument to
which Seller is a party or by which Seller or the Property is bound.
(iv) To Seller’s knowledge, the Property is in compliance with all
applicable federal, state, and local laws, ordinances, rules, and regulations, including, but not
limited to, zoning and environmental laws.
(v) There is no action, suit, or proceeding pending or, to Seller’s
knowledge, threatened against Seller or the Property that could affect Seller’s ability to perform
its obligations under this Agreement or that could affect the Property.
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(vi) Seller has not entered into any other agreements regarding the sale,
lease, or transfer of the Property that would conflict with this Agreement.
(vii) To Seller’s knowledge, except as previously disclosed to Buyer,
there have been no releases of hazardous materials on or about the Property, and the Property is in
compliance with all environmental laws.
(viii) Buyer and Seller’s representations and warranties contained herein
shall survive the Close of Escrow for a period of six (6) months, and each party shall be entitled
to pursue any remedies available at law or in equity if any of the foregoing representations are
untrue or incorrect.
5.4 Title Report, Review and Approval. Following the Effective Date, Buyer
shall obtain a preliminary report from the Title Company, together with the underlying documents
relating to the Schedule B exceptions set forth in such report (collectively, the “Title Report”).
Buyer shall have until the end of the Contingency Period (defined in Section 6.1) to review and
approve the Title Report and any survey (“Survey”) obtained by Buyer. Buyer shall email a copy
of the title report to Seller (john.gillison@cityofrc.us) and Seller’s counsel at
(abragin@rwglaw.com). Buyer shall notify Seller in writing on or before the Contingency Date
(defined in Section 6.1) of any disapproved matters in the Title Report and Survey, and if Seller
indicates it will not remove them by Close of Escrow (or if they are not so removed), Buyer may
terminate the Agreement by written notice to Seller and the Deposit will be returned to Buyer.
Any matters not so disapproved shall be a part of the Permitted Exceptions; however, Buyer hereby
objects to any and all monetary encumbrances that may appear in the Title Report (except for the
lien for assessments, if any, not yet due), all of which shall be removed therefrom by Seller at no
cost to Buyer, and none of which shall be a Permitted Exception.
6. Suitability of Documents/Property; Tenant Estoppel.
6.1 Contingency Period. It is a condition precedent to the Close of Escrow for
Buyer’s benefit that Buyer has determined, in Buyer’s sole discretion, on or before the date that is
forty-five (45) days after the Effective Date (the “Contingency Period”) that the Property and title
to the Property (including all title exceptions) are acceptable to Buyer.
Seller shall deliver copies of all material non-privileged documents in Seller’s
possession relating to the Property to Buyer within five (5) business days after the Effective Date.
If Buyer determines that any such documents or the Property is not acceptable, then
Buyer may terminate this Agreement by written notice to Seller on or before the end of the
Contingency Period.
6.2 Right of Entry; Inspections, Testing. Prior to the end of the Contingency
Period, Buyer may conduct, at Buyer’s sole expense, such inspections and testing of the Property,
including the improvements thereon, as Buyer may desire or deem appropriate, in Buyer’s sole
and absolute discretion, to determine the suitability of the Property for Buyer’s intended uses.
Buyer shall reasonably repair and restore areas of the Property affected by Buyer’s inspections so
that they are in substantially the same condition as before such inspections as soon as reasonably
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possible; however, Buyer shall have no obligation to repair conditions discovered during
inspections or minor surface disturbances from non-invasive testing. Seller hereby grants to Buyer
and its authorized employees, representatives, agents and contractors, permission and a license,
upon forty-eight (48) hours prior written notice to Seller, to enter upon the Property at all
reasonable times prior to the end of the Contingency Period for the purpose of conducting such
inspections and testing. Buyer shall indemnify, protect, defend (with legal counsel reasonably
acceptable to Seller) and hold Seller harmless from and against any and all claims, liabilities,
damages, costs and expenses arising from, related to or caused by, Buyer’s entry upon the Property
or the performance of any inspection or test conducted by or at the request of Buyer or its
contractors or agents.
7. Seller’s Acts. Seller shall not encumber, sell or transfer, or agree to encumber, sell
or transfer, the Property or any portion thereof or interest therein during the period from the
Effective Date to the earlier of: (i) the Close of Escrow, or (ii) the date of the termination of this
Agreement.
8. Deposit of Documents and Funds into Escrow. Seller and Buyer shall make the
following deliveries to Escrow Holder at least one (1) business day prior to the Close of Escrow:
8.1 Buyer shall deliver the Purchase Price (less the Deposit), and any additional
funds required to pay costs payable by Buyer under Section 10 below.
8.2 Seller shall deliver the Grant Deed (duly executed by Seller and
acknowledged), and federal and state tax withholding certificates so that the tax withholding is not
required of Escrow Holder or Seller.
8.3 Both Buyer and Seller shall deliver executed counterparts of the Lease
between Buyer and Seller for the Property in the form attached hereto as Exhibit C.
9. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby
authorized to record the Grant Deed, disburse funds to pay any liens encumbering the Property,
apply funds to costs, deliver any remaining funds to Seller, and provide copies of the federal and
state tax withholding certificates to Buyer (showing no withholding is required), provided each of
the following conditions has then been fulfilled:
9.1 The Title Company can issue the Title Policy in favor of Buyer, with a
liability amount equal to the Purchase Price, showing fee title to the Property vested in Buyer,
subject only to the Permitted Exceptions.
9.2 Seller and Buyer shall have deposited in Escrow the documents and funds
required pursuant to Section 8 above.
9.3 Escrow Holder shall have delivered the fully executed Lease to Buyer and
Seller.
Unless otherwise instructed in writing, Escrow Holder is also authorized to record at the Close of
Escrow any instrument delivered through Escrow if necessary or proper for the issuance of the
Title Policy.
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10. Costs and Prorations.
10.1 Seller shall pay: (i) fifty percent (50%) of the fees and charges of Escrow
Holder, and (ii) the cost of the premium for the Title Policy (excluding extended coverage, which
shall be paid by Buyer) and (iii) all documentary or other local transfer taxes on the transfer of the
Property (if any). Buyer shall pay for the other fifty percent (50%) of the fees and charges of
Escrow Holder, and the cost for extended title insurance coverage (if required by Buyer).
10.2 If the Escrow shall fail to close due to Buyer’s default, then Buyer shall pay
all Escrow and title cancellation charges. If the Escrow shall fail to close due to Seller’s default,
Seller shall pay all Escrow and title cancellation charges.
10.3 If the Escrow shall fail to close for any reason other than Seller’s or Buyer’s
default, Buyer and Seller shall each pay one-half (½) of any applicable Escrow cancellation
charges.
10.4 Property taxes and assessments shall be apportioned and prorated with
respect to the Property as of 12:01 a.m., on the day on which the Close of Escrow occurs, as if
Buyer were vested with title to the Property during the entire day upon which the Close of Escrow
occurs. To the extent that the actual assessments for the current year differ from the amount
apportioned at the Close of Escrow, the parties shall make all necessary adjustments by appropriate
payments between themselves following the Close of Escrow. All delinquent taxes and
assessments (and any penalties therein) for periods prior to the Close of Escrow, if any, affecting
the Property shall be paid by Seller.
10.5 All prorations shall be determined on the basis of a 360-day year.
10.6 The provisions of this Section 10 shall survive the Close of Escrow.
11. Buyer’s Conditions. Buyer’s obligations under this Agreement are expressly made
subject to the following conditions precedent solely for the benefit of Buyer. The Close of Escrow
and Buyer’s obligation to consummate the purchase of Property shall be contingent upon and
subject to written notice to Escrow Holder by Buyer of the occurrence of all of the following (or
Buyer’s written waiver thereof, it being agreed that Buyer can waive any or all such contingencies)
on or before the Close of Escrow:
11.1 Title Company committing to issue an owner’s title policy in favor of Buyer
with a liability amount in the amount of the Purchase Price showing Buyer’s fee interest in the
Property subject only to the Permitted Exceptions (the “Title Policy”).
11.2 Seller’s delivery of all documents and funds required to be delivered by
Seller under Section 8.2.
If any of the foregoing conditions precedent has not been either met or expressly
waived in writing by Buyer on or prior to the last date for the Close of Escrow, then Buyer may
terminate this Agreement upon written notice to Seller.
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12. Seller’s Conditions. For the benefit of Seller, the Close of Escrow and Seller’s
obligation to consummate the sale of the Property shall be contingent upon and subject to the Buyer
delivering all documents and funds required to be delivered by Buyer under Section 8.1 above on
or before the Close of Escrow.
13. Condemnation; Destruction. All risk of loss with respect to the Property shall
remain with Seller until the Close of Escrow. If at any time after the Effective Date but prior to
the Close of Escrow, the Property, or any portion thereof, is damaged by fire or other casualty or
taken or appropriated through eminent domain or similar proceedings, or is condemned for any
public or quasi-public use, and escrow actually closes, then Buyer, at Buyer’s sole option, shall be
entitled to terminate this Agreement and receive a full refund of the Deposit, or Buyer shall be
entitled to waive Buyer’s termination rights of this Agreement pursuant to this section and instead
receive all insurance proceeds payable to Seller or all condemnation proceeds actually paid for that
portion of the Property taken or, if such proceeds have been paid to Seller, Buyer shall receive a
credit against the Purchase Price equal to the amount of proceeds actually paid to Seller.
14. Notices. All notices and demands shall be given in writing by certified mail,
postage prepaid, and return receipt requested, or by reputable overnight messenger service.
Notices shall be considered given upon the earlier of (a) one (1) business day following delivery
to a reputable overnight messenger service (such as Federal Express for overnight delivery), or
(b) two (2) business days following deposit in the United States mail, postage prepaid, certified or
registered, return receipt requested (provided the notice is also given by mail). Notices shall be
addressed as provided below for the respective party; provided that if any party gives notice in
writing of a change of name or address, notices to such party shall thereafter be given as demanded
in that notice:
Buyer: John Alvarez
1711 Chimney Oaks Lane
San Dimas, CA 91773
Seller: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: City Manager
15. Broker’s Commissions. Each party represents to the other that it has not engaged
any broker, finder or salesperson in connection with this transaction. Each party shall defend,
indemnify and hold the other party harmless from and against any and all claims for any other
broker’s commissions or similar compensation that may be payable to any other broker, finder or
other person or entity based upon such party’s statement or acts. The provisions of this Section
shall survive the Close of Escrow.
16. Standard Escrow Instructions. Each party agrees to execute Escrow Holder’s
supplemental reasonable standard instructions as may be necessary or proper in order to
consummate the transactions contemplated by this Agreement.
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17. Time is of the Essence. Time is of the essence with respect to each term, condition
and covenant hereof in which time is a factor.
18. Successors and Assigns. The provisions of this Agreement are expressly binding
upon, and shall inure to the benefit of, the parties hereto and their successors in interest and assigns.
19. Entire Agreement. This Agreement, together with all exhibits hereto, integrates all
of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations
or previous agreements between the parties or their predecessors in interest with respect to all or
any part of the subject matter hereof.
20. Severability. Invalidation of any of the terms, conditions, covenants, or other
provisions contained herein by judgment or court order shall in no way affect any of the other
terms, conditions, covenants, or provisions hereof, and the same shall remain in full force and
effect.
21. Attorneys’ Fees. In the event that suit is brought for the enforcement of this
Agreement or as the result of any alleged breach thereof, the prevailing party or parties in such
suit shall be entitled to recover their reasonable attorneys’ fees, costs, and expenses from the losing
party or parties, and any judgment or decree rendered in such proceedings shall include an award
thereof.
22. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California.
23. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. For purposes of this Agreement, emailed (PDF) signatures shall be deemed to be
original signatures, and shall be followed by the prompt overnight delivery of original signature
pages. This Agreement may be executed using DocuSign, in which case original signatures need
not be provided.
24. Authority of City Manager. The City Manager of Seller shall have the authority to
give all consents, approvals and notices by the Seller hereunder provided they are in writing.
25. Further Assurances. Buyer and Seller agree to execute such other and further
documents and instruments as may be reasonably necessary or appropriate to carry out the
purposes of this Agreement and to effectuate the transfer of the Property to Buyer.
26. No Third Party Beneficiaries. There are no third party beneficiaries of this
Agreement.
27. References. Except where otherwise stated, all references to days are to calendar
days. Whenever under the terms of this Agreement the time for performance of a covenant or
condition falls on a Saturday, Sunday, or California state holiday, such time for performance will
be extended to the next business day. “Business Day(s)” means days other than Saturday, Sunday,
and California state holidays. The headings used in this Agreement are provided for convenience
only and this Agreement will be interpreted without reference to any headings.
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28. Cure Rights for Default. Neither Buyer nor Seller shall be in default hereunder
unless it fails to cure the alleged default with five (5) business days after written notice of the
default is delivered by the party alleging the default to the party who is alleged to be in default.
29. AS OF THE CLOSING, EXCEPT FOR (I) SELLER’S EXPRESS
REPRESENTATIONS AND WARRANTIES IN THIS AGREEMENT, (II) SELLER’S FRAUD
OR INTENTIONAL MISREPRESENTATION, THE BUYER, ON BEHALF OF ITSELF AND
ITS SUCCESSORS, HEREBY FULLY AND ENTIRELY RELEASES AND DISCHARGES
THE SELLER (INCLUDING, BUT NOT LIMITED TO, THE SELLER’S OFFICERS,
EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, ADMINISTRATORS,
ASSIGNS, AND ATTORNEYS (COLLECTIVELY, “RELEASED PARTIES”) FROM
CLAIMS ARISING FROM THE PHYSICAL CONDITION OF THE PROPERTY, INCLUDING
THE PRESENCE OF ANY HAZARDOUS MATERIALS IN, ON, UNDER, OR ABOUT THE
PROPERTY OR IN CONNECTION WITH, OR IN ANY WAY RELATED TO THE
PROPERTY.
THIS RELEASE CONSTITUTES AN EXPLICIT WAIVER BY THE BUYER, AND ITS
SUCCESSORS AND ASSIGNS, OF EACH AND ALL OF THE PROVISIONS OF
CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.”
Buyer’s Initials: ________________
[Remainder of this page intentionally left blank]
[Signatures appear on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the date first above written.
BUYER: SELLER:
JOHN ALVAREZ
By:
Print Name: John Alvarez
CITY OF RANCHO CUCAMONGA,
a California municipal corporation
By:
L. Dennis Michael,
Mayor
Attest:
___________________________________
Kim Sevy
City Clerk
APPROVED AS TO FORM:
By: ________________________________
Nicholas Ghirelli, City Attorney
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EXHIBIT “A”
LEGAL DESCRIPTION OF THE LAND
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EXHIBIT “B”
FORM OF GRANT DEED
(Attached.)
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO (AND
MAIL PROPERTY TAX STATEMENT TO):
John Alvarez
7168 Archibald Avenue
Rancho Cucamonga, CA 91730
APNs: 0208-031-17-0000, 0208-031-54-0000, 0208-031-55-0000, 0208-031-56-0000, and 0208-
031-57-0000
______________________________________________________________________________
[SPACE ABOVE FOR RECORDER’S USE ONLY]
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
DOCUMENTARY TRANSFER TAX $
_____________________
…Computed on the consideration or value of property
conveyed; OR
…Computed on the consideration or value less liens or
encumbrances remaining at time of sale.
SPACE ABOVE THIS LINE FOR RECORDER’S USE
_________________________________________________
Signature of Declarant or Agent determining tax - Firm Name
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
CITY OF RANCHO CUCAMONGA, a California municipal corporation (“Grantor”) hereby
grants to JOHN ALVAREZ (“Grantee”), the land located in the City of Rancho Cucamonga,
County of San Bernardino, State of California, more particularly described on Exhibit “A”, and all
improvements and fixtures thereon, subject to all matters of record as of the Closing and all matters
that would be revealed by an ALTA survey and physical inspection of the property.
IN WITNESS WHEREOF, Grantor has duly executed this Grant Deed.
CITY OF RANCHO CUCAMONGA,
a California municipal corporation
By: _________________________________
Print Name: L. Dennis Michael
Title: Mayor
Attest:
Kim Sevy, City Clerk
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EXHIBIT “A” TO GRANT DEED
LEGAL DESCRIPTION
Docusign Envelope ID: 2A69B828-5167-4CA7-8260-E9067723BB7DDocusign Envelope ID: 03ADBC7C-5459-4264-B7BB-CF3E42318886
-C-1-
11231-0001\3099035v8.doc
EXHIBIT “C”
FORM OF LEASE
Docusign Envelope ID: 2A69B828-5167-4CA7-8260-E9067723BB7DDocusign Envelope ID: 03ADBC7C-5459-4264-B7BB-CF3E42318886
-C-2-
11231-0001\3099035v8.doc
CALIFORNIA ALL PURPOSE 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 _________________
On before me, ________________________________________ Notary
Public, personally appeared ________________________________________, who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the
person(s), or the entity(ies) upon behalf of which the person(s) 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.
Place Notary Seal Above
Signature of Notary Public
Docusign Envelope ID: 2A69B828-5167-4CA7-8260-E9067723BB7DDocusign Envelope ID: 03ADBC7C-5459-4264-B7BB-CF3E42318886
Certificate Of Completion
Envelope Id: 03ADBC7C-5459-4264-B7BB-CF3E42318886 Status: Completed
Subject: Complete with Docusign: Complete_CO_2025-080_Purchase _Sale Agreement.pdf
Source Envelope:
Document Pages: 16 Signatures: 5 Envelope Originator:
Certificate Pages: 5 Initials: 1 Elizabeth Thornhill
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
elizabeth.thornhill@cityofrc.us
IP Address: 199.201.174.250
Record Tracking
Status: Original
7/17/2025 10:11:23 AM
Holder: Elizabeth Thornhill
elizabeth.thornhill@cityofrc.us
Location: DocuSign
Signer Events Signature Timestamp
Kim Sevy
kim.sevy@cityofrc.us
City Clerk
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 2a09:bac3:6439:1232::1d0:d9
Signed using mobile
Sent: 7/17/2025 10:15:38 AM
Viewed: 7/17/2025 10:45:19 AM
Signed: 7/17/2025 10:45:42 AM
Electronic Record and Signature Disclosure:
Accepted: 7/17/2025 10:45:19 AM
ID: e355f612-ba35-4bfc-823f-ab69ca16872b
L. Dennis Michael
dennis.michael@cityofrc.us
Mayor/President
City of Rancho Cucamonga
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.116.88.134
Signed using mobile
Sent: 7/17/2025 10:15:37 AM
Viewed: 7/17/2025 11:35:48 AM
Signed: 7/17/2025 11:36:12 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Nicholas Ghirelli
NGhirelli@rwglaw.com
Shareholder
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 208.87.233.201
Sent: 7/17/2025 10:15:38 AM
Viewed: 7/17/2025 4:50:27 PM
Signed: 7/17/2025 4:51:20 PM
Electronic Record and Signature Disclosure:
Accepted: 7/17/2025 4:50:27 PM
ID: 4b803bf1-a873-4c34-ac73-a7a5ed841fb7
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
City Clerk's Office Review
ClerkContracts@cityofrc.us
City Clerk
City of Rancho Cucamonga
Security Level: Email, Account Authentication
(None)
Using IP Address: 199.201.174.250
Sent: 7/17/2025 10:15:39 AM
Viewed: 7/17/2025 1:54:44 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/17/2025 10:15:39 AM
Certified Delivered Security Checked 7/17/2025 4:50:27 PM
Signing Complete Security Checked 7/17/2025 4:51:20 PM
Completed Security Checked 7/17/2025 4:51:20 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Rancho Cucamonga City Clerk's Office (we, us or Company) may be
required by law to provide to you certain written notices or disclosures. Described below are the
terms and conditions for providing to you such notices and disclosures electronically through the
DocuSign system. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to this Electronic Record and
Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to
‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the
DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 2/22/2022 12:08:29 PM
Parties agreed to: Kim Sevy, Nicholas Ghirelli
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Rancho Cucamonga City Clerk's Office:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: jasmin.oriel@cityofrc.us
To advise City of Rancho Cucamonga City Clerk's Office of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at jasmin.oriel@cityofrc.us and in
the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from City of Rancho Cucamonga City Clerk's Office
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to jasmin.oriel@cityofrc.us and in the
body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Rancho Cucamonga City Clerk's Office
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to jasmin.oriel@cityofrc.us and in the body of such request you must state
your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify City of Rancho Cucamonga City Clerk's Office as described
above, you consent to receive exclusively through electronic means all notices,
disclosures, authorizations, acknowledgements, and other documents that are required to
be provided or made available to you by City of Rancho Cucamonga City Clerk's Office
during the course of your relationship with City of Rancho Cucamonga City Clerk's
Office.