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HomeMy WebLinkAboutCO 2025-029 - Pamela King City of R Inc l • CONTRACT NUN:BEN 2ozs- 02'1___ is AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS This AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (this "Agreement") is dated as of March 5 , 2025, and is entered into by and between PAMELA KING, AS SURVIVING TRUSTEE OF THE SECOND AMENDED AND RESTATED KING FAMILY LIVING TRUST DATED NOVEMBER 5,2021 ("Seller"), and CITY OF RANCHO CUCAMONGA("Buyer"). Buyer and Seller are sometimes individually referred to herein as "Party" and collectively as the"Parties". RECITALS A. Seller is the owner of the land in the City of Rancho Cucamonga, County of San Bernardino described on Exhibit "A" and any and all improvements that might exist thereon (collectively, the "Property"). B. Seller desires to sell the Property to Buyer, and Buyer desires to purchase the Property from Seller upon and subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the adequacy of which is hereby acknowledged, the Parties agree as follows: AGREEMENT I. Agreement to Sell and Purchase. Seller shall sell the Property to Buyer, and Buyer shall purchase the Property from Seller, upon the terms and conditions hereinafter set forth. 2. Purchase Price. The purchase price for the Property shall be Three Million Six Hundred Thousand and No/100 Dollars($3,600,000.00) ("Purchase Price"). 3. Escrow Company: Title Company: Opening of Escrow. No later than five (5) business days after the execution of this Agreement, Buyer and Seller shall deliver a copy of this executed Agreement to,and open an escrow("Escrow")with Commonwealth Land Title Insurance Company, 4400 MacArther Blvd., Suite 800, Newport Beach, CA 92660, Attn: Carly Beard, Escrow Officer (phone: 949-724-3159; email address: carlv.beard(o cltic.com) ("Escrow Holder" and "Title Company"). 3.1 Escrow Instructions. The deposit with Escrow Holder of a copy of a fully executed original (or copies of executed counterpart originals) of this Agreement shall constitute authorization and instruction to Escrow Holder to act in accordance with the terms of this Agreement. The parties may submit additional escrow/closing instructions consistent with this Agreement to Escrow to facilitate the closing, and the parties acknowledge that Escrow Holder may also require that its own standard form escrow instructions, consistent with this Agreement, be executed by the parties. 3.2 Closing Date. Subject to the satisfaction of the conditions to closing, the Escrow shall close on or before the date that is one hundred and twenty(120) days after the date 1121-000I6041302vN. oc on which escrow is opened; however, Buyer's City Manager may extend such closing date by up to sixty(60)days if Buyer has not received federal funding,or assurance that it will receive funding in the future, for at least$1,500,000 of the Purchase Price("Closing Deadline"). 3.3 Deposits by Buyer. Buyer shall deposit with Escrow Holder the following items no later than one (1) business day prior to the estimated closing date: 3.3.1 The Purchase Price, plus any additional funds as are required to pay costs and fees allocated to Buyer on the estimated settlement statement that is to be prepared by Escrow Holder and delivered to Buyer and Seller for their approval,prior to the close of Escrow. 3.3.2 A Certificate of Acceptance for the Grant Deed, duly executed and acknowledged, for recording with the Grant Deed. 3.3.3 All other funds and documents as may be reasonably required by Escrow Holder or the Title Company to close the Escrow in accordance with this Agreement. 3.4 Deposit of Documents by Seller. Seller shall deposit with Escrow Holder the following items no later than one(1)business day prior to the estimated closing date: 3.4.1 A Grant Deed, in the form attached hereto as Exhibit "B", duly executed by Seller and acknowledged. 3.4.2 A completed California Franchise Tax Board Form 593-W showing no California state tax withholding is required, and a Federal"Foreign Investment in Real Property Tax Act" affidavit certifying that the Seller is not a "foreign person" as defined in the Internal Revenue Code, such that no federal tax withholding is required. 3.4.3 All other documents as may reasonably be required by Escrow Holder to close the Escrow in accordance with this Agreement. 3.5 All real property taxes and assessments or bonds against the Property which are liens and unpaid as of the Closing Date (i.e., for the 6 month property tax billing period in which the Closing occurs) shall be paid by Seller, except that any assessments payable in installments shall be prorated. Buyer is exempt from property taxes; consequently, Buyer will not take title subject to any property taxes. 4. Escrow Holder's Obligations. 4.1 The performance of the acts set forth in this Section shall constitute the "Closing"or the"Close of Escrow" as such term is used in this Agreement. The Escrow Holder shall conduct the Closing on the Closing Date by recording and distributing the following described documents and funds in the following manner: 4.1.1 Obtain from Seller documentation to place title in the condition necessary to enable conveyance pursuant to this Agreement. -2- 11231L001'3041302vN.doc 4.1.2 Record any instrument delivered through the Escrow, including any required deeds and reconveyances if any such action is necessary to place record title in condition to comply with the terms of the Agreement. 4.1.3 Record the Grant Deed, with the Certificate of Acceptance. 4.1.4 Deliver to Seller in immediately available funds the sum of the Purchase Price and such other funds, if any, due Seller by reason of pro-rations, less Seller's closing costs and pro-rations, if any. 4.1.5 Pay and charge Seller for any amounts necessary to place the title in the condition necessary to enable conveyance pursuant to this Agreement. 4.1.6 Each party shall pay fifty percent (50%) of any escrow charges and costs incurred in this transaction. 4.1.7 Pay and charge Buyer for the CLTA Owner's Policy of Title Insurance in favor of Buyer(the liability amount of which shall equal the Purchase Price);pay and charge to Buyer the cost of extended coverage if elected by Buyer(and based on a survey obtained by Buyer at its cost) and any endorsements to the Title Policy requested by the Buyer(except for endorsements which Buyer and Seller agree are necessary to insure over a title matter objected to by Buyer, the cost of which shall be paid by Seller). 4.1.8 Seller shall pay all city and county transfer taxes(but there should be none as this is an exempt conveyance to a California public entity). 4.1.9 As soon as possible before the estimated closing date, prepare a preliminary settlement statement for the Escrow showing all costs and fees associated with this transaction, and the allocation thereof, as well as the Purchase Price and any pro-rations. If this Agreement is terminated as a result of default by either Buyer or the Seller, then the defaulting party shall pay all cancellation fees imposed by the Escrow Holder. If this Agreement is terminated as a result of a failure condition as described in Section 5, through no fault of either party, then each party shall pay 50% of any cancellation fees imposed by the Escrow Holder. 4.1.10 Any amendments of, or supplements to, any Escrow instructions must be in writing and executed by the party providing the same to Escrow Holder (it being understood that Buyer and Seller may deliver supplemental unilateral escrow instructions consistent with this Agreement). 5. Conditions ro Closine. The following conditions are conditions precedent to the Parties' obligation to consummate the Closing on the Property: 5.1 Buyer's Conditions to Closing. The Buyer's obligations to consummate the transactions contemplated by this Agreement are subject to the satisfaction of the following conditions which are for Buyer's sole benefit on or prior to the dates/times designated below for the satisfaction of such conditions, or the date for Closing in the absence of a specified date/time: 5.1.1 Approval of Title Documents. Seller shall promptly deliver to Buyer, by email to John.Gillison(cJ,cityofre.us, a title report for the Property issued by the Title -3- I122W0013041302v8x1oc Company with hyperlinks to title exception documents. Buyer shall have forty-five(45)days after delivery of the title report (the "Due Diligence Period") to review title, and obtain and review an ALTA survey, and notify Seller and Escrow Holder in writing of Buyer's approval of any exceptions referenced in such preliminary report or survey("Title Documents"). Failure of Buyer to approve any such exceptions within the aforementioned time limit shall be deemed to be a disapproval of such exceptions set forth in the Title Documents; however, all monetary liens, including deeds of trust, judgement liens, liens for property taxes, and liens for delinquent assessments shall be deemed disapproved and shall be removed by the close of escrow. Seller shall not further encumber the Property. In the event Buyer disapproves any exceptions set forth in the Title Documents, Seller shall have until the Closing Date to eliminate any disapproved exceptions, and if such exceptions are not eliminated, then Buyer may terminate this Agreement. If Buyer terminates this Agreement pursuant to this Section 5.1.1, then the escrow shall be cancelled, any sums deposited by Buyer shall be returned to Buyer, and each party shall pay half of any escrow/title cancellation fees. 5.1.2 Issuance of Title Insurance. At the Close of Escrow, Title Company shall be irrevocably committed to issue an Owner's Policy of Title Insurance ("Title Policy") with CLTA coverage (or if Buyer obtains an ALTA survey at its cost and delivers it to the Title Company, then extended coverage title insurance) with liability in the full amount of the Purchase Price, insuring fee simple title to the Property vested in Buyer subject only to the following exceptions (the `Permitted Exceptions"): (a) the standard printed exceptions set forth in the Title Policy; (b) prorated assessments, if any: (c) any exceptions which have been approved in writing by Buyer. 5.1.3 Seller Performance. At or prior to the Closing, Seller shall have performed all of Seller's obligations herein that are to be performed prior to the Closing. 5.1.4 Seller Reps. Seller's representations and warranties shall be true and correct as of the date of this Agreement and also as of the date of the Closing. 5.1.5 Physical Condition;Buyer Inspections.The physical condition of the Property shall be substantially the same at the Closing as on the date of execution of this Agreement, reasonable wear and tear excepted, and Buyer shall have approved of the physical condition of the Property by the end of the Due Diligence Period, and Seller gives Buyer the right for Buyer and its consultants to enter the Property to so inspect and perform Phase I and if recommended, Phase II environmental assessments, and Buyer shall indemnify, defend and hold Seller harmless from claims, liabilities, losses, damages, costs and expenses arising from such entries and inspections (excluding those that relate to matters discovered on inspection). If any such matters are not acceptable to Buyer, Buyer may terminate this Agreement by written notice to Seller within the Due Diligence period. 5.1.6 IERCD Funding. The deposit of S1,000,000 on behalf of Buyer by the Inland Empire Resource Conservation District, a special district created pursuant to the California Public Resources Code Division 9, Chapter 3 ("IERCD") such that such funds may be used by Buyer to pay$1,000,000 of the Purchase Price upon the Closing and Escrow may release such funds to the Seller as part of the Purchase Price at the Closing. Seller acknowledges that this will require Buyer to execute and acknowledge a conservation easement in favor of IERCD that will be recorded immediately after the deed from Seller to Buyer, but as part of the Closing. -4- 1 12314100 1004 13 02 a doe 5.1.7 Federal Funding. Buyer's receipt of, or assurance that it will receive in the future, at least $1,500,000 of funds from the United States government for application to the Purchase Price. 5.2 Seller Conditions to Closing. The Seller's obligations to consummate the transactions contemplated by this Agreement are subject to the satisfaction of the following condition which is for Seller's sole benefit: 5.2.1 At or prior to the Closing, Buyer shall have performed all of Buyer's obligations herein that are to be performed prior to the Closing. 5.3 Failure of Condition. If any condition stated in this Agreement has not been eliminated or satisfied within the time limits and pursuant to the provisions of this Agreement through no fault of either Party(in the case of a default, the provisions of Section 9 shall govern), then the Parties, as their sole and exclusive remedy, shall have the right to either waive the condition in question, and proceed with the Closing, or in the alternative, terminate this Agreement. In the event of such termination as the result of the failure of a condition to Closing, all documents and funds shall be returned to the party providing them, and neither party shall have any further rights or obligations under this Agreement, except that Escrow and title cancellation fees shall be paid in accordance with this Agreement. 6. "AS IS" Condition of Property. Except for Seller's representations below in this Agreement and Seller's obligations under California law to disclose to Buyer all material facts about the Property known to Seller and not known to Buyer, Buyer is purchasing the Property in its existing "AS-IS" condition, without representation or warranty(express or implied) and subject to all matters of record(but not deeds of trust,judgment liens or other liens, and not any title exceptions disapproved by Buyer or created by Seller after the date hereof) and all defects and conditions, whether patent or latent,based solely on Buyer's own inspection, analysis and evaluation and not in reliance on any information provided by or on behalf of Seller. 7. Seller Representations and Warranties. 7.1 No Litigation. Seller has no knowledge of, and has not received any written notice of; any actual, pending or threatened violation, action or proceeding by any organization, person, individual or governmental agency against Seller with respect to the Property or against the Property (or any portion thereof), and, Seller has no knowledge of, and has not received any written notice of, any current threat of any litigation or other legal action being filed against Seller or the Property which would affect the Property or Seller's ability to perform its obligations hereunder. 7.2 No Rights to Purchase. To the knowledge of Seller, no person or entity, other than Buyer, has any right, agreement, commitment, option, right of first refusal or any other agreement, whether oral or written, with respect to the purchase, assignment or transfer of all or any portion of the Property that would affect the Buyer after the Close of Escrow. -5- 1231-000 m041302v8 doc 7.3 No Condemnation. To the knowledge of Seller, there is no pending or threatened condemnation, expropriation, eminent domain, change in grade of public street or similar proceeding affecting all or any portion of the Property. Seller has received no written notice of the same and Seller has no actual knowledge that any such proceeding is contemplated. 7.4 No Agreements. Seller has not entered into any, and to Seller's actual knowledge there exists none of the following that would bind Buyer after the Close of Escrow: (i) management, service, supply, security, maintenance or other similar contracts or agreements, oral or written, or (ii) lease, reservation, purchase agreement or other agreement for the sale or possession of the Property or any portion thereof with any person or entity(except Buyer)pursuant to which such person or entity has any current or future right or interest to acquire,occupy,possess or use all or any portion of the Property. 7.5 Hazardous Materials; Violations of Law. Seller has not received any written notice of,nor is Seller otherwise aware,of the presence,storage or release of any hazardous substances on the Property or of the failure of the Property to comply with applicable laws. 8. Default and Remedies. 8.1 Seller's Default. If the close of escrow shall fail to occur because of Seller's uncured default under this Agreement, Buyer's may pursue an action for specific performance. or terminate this Agreement and sue for damages, and exercise any other remedy available to Buyer at law or in equity. 8.2 Buyer's Default. If the close ofescrow shall fail to occur because of Buyer's uncured default under this Agreement, Seller shall have all rights and remedies available at law or in equity. 9. Miscellaneous. 9.1 Assignment. Neither this Agreement nor any interest herein shall be assignable by Buyer without Seller's prior written consent. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between Buyer and Seller regarding the Property.and supersedes all prior discussions,negotiations and agreements between Buyer and Seller, whether oral or written. Neither Buyer nor Seller shall be bound by any understanding, agreement, promise, representation or stipulation concerning the Property, express or implied, not specified herein. 9.3 Time of the Essence. Time is of the essence with respect to all of the terms, conditions and obligations set forth herein. 9.4 Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be addressed as set forth below, and shall be deemed to have been delivered when one (1) business day after deposit with a reputable overnight courier marked for "next day"delivery, or on the date shown on the return receipt after deposit in U. S. Mail, certified or registered, postage prepaid return receipt requested after it has been returned. 11231L00 P30413020aoe To Buyer: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager To Seller: Law Offices of Justin H. King Attn: Pamela King 8301 Utica Ave., Suite 101 Rancho Cucamonga, CA 91730 9.5 FIRPTA; Calfn rota. The Foreign Investment in Real Property Tax Act (FIRPTA), IRC 1445, requires that every purchaser of U.S. real property must, unless an exemption applies,deduct and withhold from escrow proceeds ten percent(10%)of the gross sales price due to the property seller. The primary exemptions which might be applicable are: (a) the seller provides the buyer with an affidavit under penalty of perjury that the seller is not a "foreign person" as defined in FIRPTA, or (b) the seller provides the buyer with a"qualifying statement," as defined in FIRPTA, issued by the Internal Revenue Service. Seller and Buyer agree to execute and deliver as appropriate, any instrument, affidavit, statement, or a FIRPTA Certificate and to perform any acts reasonably necessary to carry out the provisions of FIRPTA and regulations promulgated there under as may be required by Escrow Holder. Similar California withholding statutes apply, and shall be addressed with a California 590 or 593 form executed and delivered by Seller as an additional condition to closing. 9.6 Brokers. Seller and Buyer each warrant that they have had no dealings with any person, firm, broker or finder in connection with the negotiation of this Agreement and/or the consummation of the transactions contemplated herein and no broker or other person, firm or entity are entitled to any commission or finder's fee in connection with these transactions as the result of any dealings or acts of such Party. Buyer and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from and against any and all claims, liabilities, losses,damages, costs, or expenses based on or resulting from its i.e. the indemnifying party s) communications with any such other broker, finder or other similar person or entity. 9.7 Governing Law. The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of California. 9.8 Further Assurances. The Parties hereto agree to and shall execute all reasonable instruments and documents and take all reasonable actions necessary to consummate the transaction contemplated by this Agreement. 9.9 Seller Covenants as to Property. Seller covenants and agrees that after the date of this Agreement and through the Closing Date: (a) Seller shall comply with all laws, rules, regulations and ordinances relating in any way to the Property; and (b) Seller shall not subject the Property or permit it to be subjected to any liens, encumbrances, covenants, conditions, restrictions, easements, rights of way or similar matters. 11231-0W 130413020 doc 9.10 Severability. If any term, covenant or condition of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of this Agreement shall not be affected and each remaining term, covenant and condition shall be valid and enforceable to the fullest extent permitted by law unless any of the stated purposes of this Agreement would be defeated. 9.11 Waivers. No waiver of any breach of any term, covenant or condition of this Agreement shall be deemed a waiver of any preceding or succeeding breach of that same of any other term, covenant or condition. 9.12 Survival. The representations and warranties of Seller shall survive the Closing for three hundred and sixty-five(365) days after the Closing Date. 9.13 No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on any person or entity who is not a party to this Agreement any rights or remedies. 9.14 Amendments. Any amendments to this Agreement are effective only if made in writing and executed by Buyer and Seller. The City Manager of Buyer may execute amendments on behalf of Buyer. 9.15 Attorneys' Fees. If any Party brings an action or proceeding involving the Property whether founded in tort, contract or equity, or to declare rights hereunder the Prevailing Party, as defined herein, in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees and expenses. "Prevailing Party" shall include, without limitation, a party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement,judgment, or the abandonment by the other party of its claim or defense. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. Seller: Buyer: CITY Of R�,NCHO CUCAMONG Pamela King, as Surviv Trustee for the vf�( 1l ", Second Amended and Restated King By: Q�I Family Living Trust dated November 5, Name: L. Dennis Michael 2021 Title: Mayor A T: m Sevy, City Clerk c/�J �� APPROl FO_... =(/� Nicholas R. Ghirelli, City Attorney g_ 11231-0001 A3041302v8.doc EXHIBIT "A" DESCRIPTION OF LAND (Attached.) I12 31-0 00133 04 1 3 0 2v8.Ms EXHIBIT "A" LEGAL DESCRIPTION PARCEL 2 THAT PORTION OF THE SOUTH ONE-HALF OF SECTION 16,TOWNSHIP 1 NORTH, RANGE 7 WEST, OF THE SAN BERNARDINO BASE AND MERIDIAN,SITUATED IN SAN BERNARDINO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 16, ALSO BEING THE SOUTHWEST CORNER OF THE SOUTH ONE-HALF OF SAID SECTION 16; THENCE NORTH 00°28'14" EAST ALONG THE WEST LINE OF THE SOUTH ONE-HALF OF SAID SECTION 16, A DISTANCE OF 2643.29 FEET TO THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF SAID SECTION 16,ALSO BEING THE WEST ONE QUARTER CORNER OF SAID SECTION 16; THENCE SOUTH 89`52'15" EAST ALONG THE NORTH LINE OF THE SOUTH ONE-HALF OF SAD SECTION 16, A DISTANCE OF 2052.15 FEET; THENCE SOUTH 00'28'14"WEST AND PARALLEL WITH THE WEST LINE OF THE SOUTH ONE-HALF OF SAID SECTION 16,A DISTANCE OF 2647.84 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 16; THENCE NORTH 89°44'38"WEST ALONG THE SOUTH LINE OF SAID SECTION 16,A DISTANCE OF 2052.13 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, A 150.00 FEET WIDE STRIP OF LAND CONVEYED TO SOUTHERN CALIFORNIA EDISON COMPANY BY DEED RECORDED OCTOBER 31, 1961 IN BOOK 5573, PAGE 347 OF OFFICIAL RECORDS OF SAID COUNTY AND STATE. CONTAINING 122.09 ACRES MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD. THE ABOVE-DESCRIBED PROPERTY IS SHOWN AS PARCEL 2 OF SAN BERNARDINO COUNTY APPROVED LOT LINE ADJUSTMENT NO. PLLA-2024-00001/CERTIFICATE OF COMPLIANCE NO. PLLA-2024-00001B RECORDED ON JULY 23, 2024, AS INSTRUMENT No. 2024-0171313, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA AND CITY OF RANCHO CUCAMONGA APPROVED JOT LINE ADJUSTMENT/CERTIFICATE OF COMPLIANCE No. LLA2024-00001 RECORDED JULY 23, 2024, AS INSTRUMENT NO.2024-0171311, RECORDS OF SAN BERNARDINO COUNTY,CALIFORNIA. SEE EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF,BY THIS REFERENCE. EPA ED Y O4I I`!N R THE SUPERVISION OF: e.3,ONNWLM40, 4;yL ALL W. MARTIN, LS 5306 D TE p ND o- 5306 a SHEET 1 OF 1 EXHIBIT "B" FORM OF GRANT DEED (Attached.) 112314)00 13041302v8&lc • Commonwealth Land Title Company Electr onically inal Official Records MAIL TAX STATEMENTS TO San Bernardino County RECORDING REQUESTED BY, Assessor-Recorder-County Clerk AND WHEN RECORDED MAIL TO: DOC# 2025-0217449 City of Rancho Cucamonga 09/09/2025 Titles:1 Pages:8 10500 Civic Center Drive 01:14 PM Rancho Cucamonga,CA 91730 SAN Fees $0.00 Taxes $0.00 Attn:City Cleric K1587 CA 5132 Fee 50.00 Total 90.00 APN: 0200-051-74 k ` SPACEABOVE THIS LINEFORRICORD!R'SUSE Documentary Transfer Tax: S0; exempt conveyance to a California public entity (a municipal corporation/city) Vt�) % tOt bb '"Ivb1 GRANT DEED FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, PAMELA KING, AS SURVIVING TRUSTEE OF THE SECOND AMENDED AND RESTATED KING FAMILY LIVING TRUST DATED NOVEMBER 5, 2021 ("GRANTOR"), does hereby grant to the CITY OF RANCHO CUCAMONGA, a California municipal corporation ("GRANTEE"), that certain real property described more particularly in Exhibit A attached hereto and any and all improvements thereon. IN WITNESS WHEREOF, GRANTOR has caused this Grant Deed to be executed by its authorized representative as of the date specified below. T OAAvk� PAMELA KING, ASSURVIVING TRUSTEE OF THE SECOND AMENDED AND RESTATED KING FAMILY LIVING TRUST DATED NOVEMBER 5,2021 Date: Aar}' 01- 2025 112210001B04130298.doc Exhibit A to Grant Deed Legal Description of Property (Attached.) A-I- 11231-00013 W 130Rv i doc EXHIBIT "A" LEGAL DESCRIPTION PARCEL 2 THAT PORTION OF THE SOUTH ONE-HALF OF SECTION 16,TOWNSHIP 1 NORTH, RANGE 7 WEST, OF THE SAN BERNARDINO BASE AND MERIDIAN,SITUATED IN SAN BERNARDINO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 16, ALSO BEING THE SOUTHWEST CORNER OF THE SOUTH ONE-HALF OF SAID SECTION 16; THENCE NORTH 00"28'14" EAST ALONG THE WEST LINE OF THE SOUTH ONE-HALF OF SAID SECTION 16, A DISTANCE OF 2643.29 FEET TO THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF SAID SECTION 16,ALSO BEING THE WEST ONE QUARTER CORNER OF SAID SECTION 16; THENCE SOUTH 89°52'15" EAST ALONG THE NORTH LINE OF THE SOUTH ONE-HALF OF SAID SECTION 16, A DISTANCE OF 2052.15 FEET; THENCE SOUTH 00'28'14"WEST AND PARALLEL WITH THE WEST LINE OF THE SOUTH ONE-HALF OF SAID SECTION 16,A DISTANCE OF 2647.84 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 16; THENCE NORTH 89°44'38"WEST ALONG THE SOUTH LINE OF SAID SECTION 16,A DISTANCE OF 2052.13 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, A 150.00 FEET WIDE STRIP OF LAND CONVEYED TO SOUTHERN CALIFORNIA EDISON COMPANY BY DEED RECORDED OCTOBER 31, 1961 IN BOOK 5573, PAGE 347 OF OFFICIAL RECORDS OF SAID COUNTY AND STATE. CONTAINING 122.09 ACRES MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD. THE ABOVE-DESCRIBED PROPERTY IS SHOWN AS PARCEL 2 OF SAN BERNARDINO COUNTY APPROVED LOT LINE ADJUSTMENT NO. PLLA-2024-00001/CERTIFICATE OF COMPLIANCE NO. PLLA-2024-00001E RECORDED ON JULY 23, 2024, AS INSTRUMENT No. 2024-0171313, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA AND CITY OF RANCHO CUCAMONGA APPROVED LOT EINE ADJUSTMENT/CERTIFICATE OF COMPLIANCE No. LLA2024-00001 RECORDED JULY 23, 2024, AS INSTRUMENT NO. 2024-0171311,RECORDS OF SAN BERNARDINO COUNTY,CALIFORNIA. SEE EXHIBIT'"B#ATTACHED HERETO AND MADE A PART HEREOF, BY THIS REFERENCE. EPA ED YO Q'N RTHE SUPERVISION OF: i I O�P���74p ALL W. MARTIN, LS 5306 D TE cc 5306 SHEET 1 OF 1 4)�CIFCM1Lif07 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 ofSt ) On .34.St d1„ oa5 before rne, S*1.fl QuV rbo,„s.„ ]yamlt .kii 9 (insert name and title of the officer) Notary Public, personally appeared , who prodded 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and cottect. WITNESS my hand and official seal. Signature �1 ,LU' , (Seal) STAG CULVERNOUSE ' - Notary Pub& California .Fa +9+,— _Tr San Bernardino County - - Commissions 2502787 7 My Comm.Expires No 20.2028 • A-2- 112a1d00N04u02v5doc 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, (insert name and title of the officer) 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. Signature (Seal) A-3- 1 et 1-non ionai3ozs.aoe 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, (insert name and title of the officer) 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. Signature (Seal) A-4- 1191-0001`3041302v8doc CERTIFICATE OF ACCEPTANCE (Govt. Code § 27281) This is to certify that the real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California conveyed to the City of Rancho Cucamonga by a Grant Deed from Pamela King, as surviving trustee of the Second Amended and Restated King Family Living Trust dated November 5, 2021, is hereby accepted by the undersigned officer or agent on behalf of the City of Rancho Cucamonga in its capacity as such successor,pursuant to action of the City Council of the City of Rancho Cucamonga on Morph Jw' , 2025, and the grantee consents to the recordation thereof by its duly authorized officer. CITY OUCA By: Print Name: L• 1tenn3 M•chae,( Title: Maio/ A Notary Public or other officer completing this certificate verifies only the id- ity of the individual who signed the document to which this certificate is attached,and no e truthfulness, accuracy, or validity of that document. (see &tW c Q State of California County of San Bernardino ) On , before me, (insert name and title of the officer) Notary Public, personally appeared , w-. proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a subscribed to the within instrument and acknowledged to me that he/she/they executed t. - same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on e instrument the person(s), or the entity upon behalf of which the person(s) acted, execute, e instrument. I certify under P 'ALTY OF PERJURY under the laws of the State of California that the foregoing parat ph is true and correct. WITN : my hand and official seal. Signature (Seal) A-5- 1123 i4unnconuu2vs d„c 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 Californi e County oofA & efnard:n0 //�� I �, //' On I Vlach 5� g())2,J� before me, asmin ` tre ` ) Ivofary iikbuL (insert name and title of the officer) personally appeared L . M1ckQel who proved to me on the basis of satisfactory evidence to be the person/rig) whose name(- 4- �ybscribed to the within instrument and acknowled ed to me thattshe/hey executed the same in �IIF" et/their authorized capacity(les), and that by�hcr/thcir signature(e)on the instrument the person(s), or the entity 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. + _as AIR ORIEL . Notary Publk-CaNlania ti .` '-f" San Bernardino Caunry I i.mr C .Expir BSe 28, ue,� My Comm.Expfrn SM28,2028` Signatu (Seal) Docusign Envelope ID:039BE76A-3677-4FAD-A611-D3DD5E46737F 6OES03A (PI)REV.10(05-23) PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by the transferee (buyer) prior to a transfer of subject property, in accordance with section 4810.3 of the Revenue and Taxation Code.A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the properly is located. NAME AND MAILING ADDRESS OF BUYERRMNSFEREE (make necessary conecfbns la the pnnted name end madmg addnav) ASSESSOR'S PARCEL NUMBER City of Rancho Cucamonga 0200-051-49-0-000(OLD).0200-051-48-0-000(OLD)and 10500 Civic Center Drive 0200-051-74-0-000(NEW) Rancho Cucamonga, CA 91730 SELLER/TRANSFEROR --- Pamela King BUYER'S DAYTIME TELEPHONE NUMBER 909-774-2007 L J BUYER'S EMAIL ADDRESS hope.velarde@cityofrc.us STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY APN'S k0200-051-74-0-000.County of San Bernardino,CA 91730 ❑YES NO This property is intended as my principal residence. If YES,please indicate the date of occupancy MO I DAY YEAR or intended occupancy. El YES ® NO Are you a 100%rated disabled veteran who was compensated at 100%by the Department of Veterans Affairs or an unmarried surviving spouse of a 100%rated disabled veteran? MAIL PROPERTY TAX INFORMATION TO(NAME) City of Rancho Cucamonga MAIL PROPERTY TAx INFORMATION TO(ADDRESS) c Y STATE ZIP CODE 10500 Civic Center Drive Kancho Cucamonga CA 91710 PART 1. TRANSFER INFORMATION Please complete all statements. This section contains possible exclusions from reassessment for certain types of transfers. YES N ❑ A. This transfer is solely between spouses(addition or removal of a spouse,death of a spouse,divorce settlement,etc.) ❑ V R. This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal of J� a partner, death of a partner, termination settlement, etc.). ❑ ® 'C. This is a transfer: ❑between parent(s)and child(ren) 0 between grandparent(s)and grandchild(ren). Was this the transferor/grantors principal residence? ❑YES ❑ NO Is this a family farm? ❑YES ❑ NO ❑ ® 'D. This transfer is the result of a cotenant's death. Date of death ❑ ® 'E. This transaction is to replace a principal residence owned by a person 55 years of age or older. ❑ ® 'F. This transaction is to replace a principal residence by a person who is severely disabled. ❑ IS *G. This transaction is to replace a principal residence substantially damaged or destroyed by a wildfire or natural disaster for which the Governor proclaimed a state of emergency. El H. This transaction is only a correction of the name(s)of the person(s)holding title to the property(e.g., a name change upon marriage). If YES.please explain: ❑ X I. The recorded document creates,terminates,or reconveys a lender's interest in the property. ❑ X J. This transaction is recorded only as a requirement for financing purposes or to create,terminate,or reconvey a security interest (e.g.,cosigner). If YES,please explain: ❑ X K. The recorded document substitutes a trustee of a trust,mortgage,or other similar document. L. This is a transfer of property: ❑ X 1.to/from a revocable trust that may be revoked by the transferor and is for the benefit of ❑ the transferor,and/or ❑ the transferors spouse ❑ registered domestic partner. ❑ X 2.to/from an irrevocable trust for the benefit of the ❑ creatorlgrantor/trustor and/or ❑ grantors/trustor's spouse ❑ grantor's/trusters registered domestic partner. ❑ M. This properly is subject to a lease with a remaining lease term of 35 years or more including written options. ❑ N. This is a transfer between parties in which proportional interests of the transferor(s) and transferee(s) in each and every parcel being transferred remain exactly the same after the transfer. ❑ X O. This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions. or restrictions imposed by specified nonprofit corporations. ❑ ® 'P. This transfer is to the first purchaser of a new building containing a 0 leased 0 owned active solar energy system. ❑ 0 O. Other. This transfer is to •Please refer to the instructions for Part 1. Please provide any other information that will help the Assessor understand the nature of the transfer. THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION Preliminary Change of Ownership(PCOR-All Pages) Printed: 08.14.25 ig 10.12 PM SCA0002635.dos I Updated 122723 Paget CA-CW-FXFC-02620.201354-932500679 Docusign Envelope ID:039BE76A-3677-4FAD-A611 D3DD5E46737F BOE-502-A (P2)REV.18(05.23) PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable. A. Date of transfer,if other than recording date: B. Type of transfer: M Purchase 0 Foreclosure ❑Gift 0 Trade or exchange ❑Merger,stock,or partnership acquisition(Form BOE-100-B) ❑Contract of sale. Date of contract. 0 Inheritance. Date of death. ❑Sale/leaseback 0 Creation of a lease 0 Assignment of a lease 0 Termination of a lease. Date lease began' Original term in years(including written options): Remaining term in years(including written options): ❑Other. Please explain: C. Only a partial interest in the property was transferred. ❑YES H NO It YES,indicate the percentage transferred: °6 PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. A. Total purchase price $ 3,600,000 B. Cash down payment or value of trade or exchange excluding closing costs Amount$ 3,600,000 C. First deed of trust @ %interest for years. Monthly payment$ Amount S ❑FHA( Discount Points) 0 Cal-Vet ❑VA( Discount Points) 0 Fixed rate ❑Variable rate ❑Bank/Savings Si Loan/Credit Union 0 Loan carried by seller ❑ Balloon payment$ Due date: 0 Second deed of trust @ °u interest for years. Monthly payment$ Amount$ ❑Fixed rate ❑Variable rate 0 Bank/Savings&Loan/Credit Union 0 Loan carried by seller ❑Balloon payment$ Due date: E. Was an Improvement Bond or other public financing assumed by the buyer? 0 YES M NO Outstanding balance$ F. Amount,if any,of real estate commission fees paid by the buyer which are not included in the purchase price $ G.The property was purchased. 0 Through real estate broker. Broker name: Phone number:I ®Direct from seller ❑From a family member-Relationship ❑Other.Please explain: H. Please explain any special terms, seller concessions, broker/agent fees waived, financing, and any other information (e.g., buyer assumed the existing loan balance)that would assist the Assessor In the valuation of your property. PART 4. PROPERTY INFORMATION Check and complete as applicable. A. Type of property transferred ❑Single-family residence ❑Co-op/Own-your-own ❑ Manufactured home ❑Multiple-family residence. Number of units: ❑Condominium ® Unimproved lot ❑Other. Description: (i.e.,timber,mineral,water rights,etc.) 0 Timeshare ❑ Commercial/Industrial B. 0 YES ®NO Personal/business property, or incentives, provided by seller to buyer are included in the purchase price. Examples of personal property are furniture,farm equipment,machinery,etc.Examples of incentives are club memberships.etc.Attach list if available. If YES,enter the value of the personal/business property: $ Incentives$ C. 0 YES ®NO A manufactured home is included in the purchase price. If YES,enter the value attributed to the manufactured home: $ ❑YES ❑NO The manufactured home is subject to local property tax. If NO,enter decal number: D. 0 YES 2 NO The property produces rental or other income. If YES,the income is from: ❑ Lease/rent 0 Contract ❑Mineral rights 0 Other. E.The condition of the property at the time of sale was: ®Good ❑Average 0 Fair 0 Poor Please describe:Open space CERTIFICATION I certify (or declare) that the foregoing and all information hereon, including any accompanying statements or documents, is true and correct to the best of my knowledge and belie/ ,-aacusl4n,d by: SIWALXIREtter.D .T 25EgWyOR CORPORATEOFFICER DATE TELEPHONE 9/2/2025 13'.29 PM PDr 9091 774-2051 A OF BuvesIRANSFEpEFLPERSONAL REPRESENTATIVE/CORPORATE OFFICER(PLEASE PRINT( TITLEMAIL Mayor AIL AOOREss NAME Dennis Michael esmeraldasuvalcaba@cityofrc.us The Assessor's office may contact you for additional information regarding this transaction. Preliminary Change of Ownership(POOR-All Pages) Printed: 08.14 25 @ 10:13 PM SCA0002835.dos/Updated 12.2723 Page 2 CA-CW-FXFC-02620.201 354-9 32 5006 79