HomeMy WebLinkAbout2020-084 - Resolution RESOLUTION NO. 2020-084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF
THE CONVEYANCE OF PROPERTY FROM FAIRWAY BUSINESS
CENTRE, LLC AND MILLIKEN AND GREYSTONE PROPERTIES, LLC
RECITALS
WHEREAS, the City of Rancho Cucamonga desires to purchase land described
in the purchase agreement attached hereto (the "Property") for the following public
purpose(s): economic development;
WHEREAS, pursuant to direction from the City Council, City staff have negotiated
a purchase and sale agreement for the acquisition of such Property from Fairway
Business Centre, LLC and Milliken and Greystone Properties, LLC (collectively, "Seller")
in the form attached hereto ("Purchase Agreement").
WHEREAS, the City Manager has executed the Purchase Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS
FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part of
this Resolution.
Section 2. Subject to the conformity finding described in Section 3 being made
by the Planning Commission of the City, the City accepts the conveyance of the Property
by Seller pursuant to the terms of the Purchase Agreement, the execution of the Purchase
Agreement by the City Manager is hereby ratified, and the City Manager is hereby
authorized and directed to execute and deliver an appropriate certificate of acceptance
with respect to the deed for the Property (and any other documents contemplated or
required by the Purchase Agreement) and cause the deed, and the certificate of
acceptance, to be recorded.
Section 3. Section 65402(a) of the California Government Code requires that
no real property shall be acquired until the location, purpose and extent of such acquisition
has been reviewed for conformity with the general plan. Consequently, the City Council's
approvals and ratification in Section 2 are subject to the Planning Commission making
such conformity finding.
Section 4. This purchase was assessed in accordance with the criteria
contained in the California Environmental Quality Act ("CEQA"), the State CEQA
Guidelines, and the City's local CEQA Guidelines. Staff has determined that the
Resolution No. 2020-084- Page 1 of 4
proposed purchase is exempt from the requirements of CEQA. It can be seen with
certainty that there is no possibility that the transfer and purchase of this property without
any project associated with it will have a significant effect on the environment, because
there is no project contemplated that is associated with the transfer and purchase. The
City Council has reviewed the staffs determination of exemption and, based on its own
independent judgment, concurs in staffs determination that the proposed purchase is
exempt from CEQA and therefore not subject to CEQA review pursuant to Title 14,
Chapter 3, Section 15061(b)(3) of the California Code of Regulations. A Notice of
Exemption will be prepared.
Section 5. The officers and staff of the City are hereby authorized and directed,
jointly and severally, to do any and all things which they may deem necessary or advisable
to effectuate this Resolution and any such actions previously taken by such officers and
staff are hereby ratified and confirmed.
Section 6. The City Clerk shall certify to the adoption of this resolution.
Resolution No. 2020-084 - Page 2 of 4
EXHIBIT "A"
FORM OF PURCHASE AND SALE AGREEMENT
(Attached.)
Resolution No. 2020-084- Page 4 of 4
PASSED, APPROVED and ADOPTED this 1511 day of July, 2020.
fiWq Pic
VD is Michael, Mayor
ATTEST:
emirs
nice C Reynolds, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify
that the foregoing Resolution was duly passed, approved, and adopted by the City Council of
the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 15th day of
July 2020.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 16th day of July, 2020, at Rancho Cucamonga, California.
ice C Reynolds, City Clerk
APPROVED AS FORM:
ity Attorney
Resolution No. 2020-084- Page 3 of 4
EXHIBIT TO RESOLUTION NO.2020-084 City of Rancho Cucarnonga
CONTRACT NUMBER
AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS
(this"Agreement")is dated as of June 26, 2020 and is entered into by and between FAIRWAY
BUSINESS CENTRE,LLC,a California limited liability company,and MILLIKEN AND
GREYSTONE PROPERTIES,LLC, a California limited liability company(collectively,
"Seller"), and the CITY OF RANCHO CUCAMONGA(`Buyer") (collectively,the"Parties"
and each, a"Party"). As used herein,the term"Execution Date" shall mean the date on which the
Title Company/Escrow Company receives a fully executed copy of this this Agreement and
escrow is opened in accordance with Section 3.1 below.
RECITALS
A. Seller is the sole owner of the land described on Exhibit"A"and any appurtenant
easements,and any and all improvements and fixtures thereon(collectively,the"Property").
B. Buyer desires to purchase the Property from Seller, and Seller desires to sell the
Property to Buyer.
NOW, THEREFORE, in consideration of$5.00, the mutual terms and covenants herein,
and other consideration,the sufficiency of which is hereby acknowledged,the Parties hereby
agree as follows:
I. OBLIGATION TO PURCHASE AND SELL, PURCHASE PRICE: DEPOSIT.
1.1 Sale and Purchase. Seller agrees to sell the Property to Buyer, and Buyer
agrees to purchase the Property from Seller, upon the terms and conditions hereinafter set forth.
1.2 Purchase Price. The purchase price ("Purchase Price")for the Property
shall be ONE MILLION EIGHT HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS
($1,550,000.00). The Purchase Price shall be paid to Seller at Close of Escrow(as defined in
Section 3.3 below) in immediately available funds.
1.3 Deposit. Within ten (10) days following the opening of Escrow under
Section 3.1 below, Buyer shall deliver funds, by check, wire transfer or other means, in the
amount of FIFTY-FIVE THOUSAND FIVE HUNDRED AND N0/100 DOLLARS
($55,500.00), 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 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; 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 ten(10) 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
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f.
as liquidated damages for Buyer's incurred 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
E SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
ITIALS SELLER'S INITIALS
2. TITLE• OTHER DISCLOSURES AND DUE DILIGENCE.
2.1 Title Matters. Title to the Property shall be conveyed by a grant deed in
the form attached hereto as Exhibit"B"and shall be evidenced by an owner's Policy of Title
Insurance in the amount of the Purchase Price, issued by First American Insurance Company,
3281 E. Guasti Road, Suite 440, Ontario, CA 97164 ("Title Company" and"Escrow Holder",
respectively), insuring that fee title to the Property is vested in Buyer,free and clear of all liens
and encumbrances and other matters affecting title to the Property, except the following (which
shall constitute"Approved Title Exceptions"):
2.1.1 Non-delinquent real property assessments;
2.1.2 Any other title exceptions expressly approved by Buyer in writing.
The term"Approved Title Exceptions"shall not,however, include any
deeds of trust,property tax exceptions or other monetary liens(except for liens for assessments
described in Section 2.1.1 above).
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Buyer is exempt from property taxes, and property taxes shall not be
prorated,but shall be paid for the property tax period in which the Close of Escrow occurs, and
Buyer shall thereafter cooperate in good faith with Seller in Seller's obtaining a refund of any
property taxes paid that are allocable to the period after the Close of Escrow.
If Buyer disapproves any title matter, and Seller does not cause the title
matter to be removed within ten(10)business days after written notice from Buyer of the
applicable disapproved title matter,then Buyer may terminate this Agreement by written notice
to Seiler on or before the scheduled Closing Date (defined in Section 3.3 below).
2.2 Acts After Date of Agreement. From the Execution Date through the
Close of Escrow(defined in Section 3.3 below), Seller shall not(i) execute,record, or file for
record or permit to be executed, recorded or filed for record any document or instrument that will
affect the title to or use of the Property without the prior written consent of the Buyer, in its sole
and absolute discretion; or(ii)improve or otherwise alter the Property or permit it to be
improved or altered.
2.3 Documents. Within five (5)days after the Execution Date, Seller shall
deliver to Buyer copies of all documents in Seller's possession relating to the Properly. Buyer
shall have the right to disapprove any such documents that may adversely affect or show facts
that adversely affect the Property or use thereof, and based on such disapproval,terminate this
Agreement by written notice to Seller prior to the end of the Investigation Period.
2.4 Investigation Period. It is understood and agreed upon and between the
parties hereto that Buyer's acquisition of the Property is subject to and conditioned upon its
inspection of the Property and title to the Property, including,without limitation, soils conditions
and the absence from the Property of Hazardous Materials. The Investigation Period shall expire
at 5 p.m. on the earlier of. (i)the date on which the Buyer delivers to Seller written notice of
approval of the condition of the Property and title to the Property,or(ii)the date that is twenty-
one(21) days after Seller causes the Title Company to deliver to Buyer by email to
lori.sassoon cr,cit, ofY rc.us a preliminary report for the Properly with hyperlinks to title exception
documents (the"Investigation Period"). Commencing on the date of this Agreement, Buyer and
its agents, employees, consultants and representatives may enter upon the Property to investigate,
conduct and carry out any and all inspections,tests and studies as Buyer deems appropriate
regarding the physical condition of the entire Property. Such inspections may include, but not be
limited to, surveys,the condition of soils, storm drainage, utility hookups and archaeological
testing. Buyer shall have the right to terminate this Agreement at any time prior to the expiration
of the Investigation Period by delivering to Seller written notice of Buyer's election to terminate
this Agreement no later than the expiration of the Investigation Period in which event this
Agreement shall be deemed canceled. Buyer shall indemnify, defend and hold Seller harmless
from and against any claims whether by Buyer,Buyer's agents and employees, or by third
parties resulting from Buyer's entry upon or the conduction of any tests of the Property;
provided,however,the foregoing indemnity, defend and hold harmless obligations and the
provisions above shall not apply to any loss, liability, cost, claim, damage,injury or expense to
the extent arising from or related to the negligence or intentional misconduct of Seller, Seller's
employees and officers, as applicable. If this Agreement is terminated or if escrow fails to close
for any reason,Buyer shall promptly restore the Property to the same condition as existed prior
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to Buyer's undertaking of any testing or inspection. Buyer's obligations and duties hereunder
shall survive the closing or termination of this Agreement.
3. ESCROW.
3.1 Opening of Escrow. Upon the full execution of this Agreement,the
Parties shall deliver a copy of this executed Agreement to the Title Company/Escrow Company
and shall request that an escrow be opened for this transaction.
3.2 Escrow Instructions. This document shall be considered as the escrow
instructions between the Parties,with such further instructions as Escrow Holder requires in
order to clarify the duties and responsibilities of Escrow Holder; however, each party may
deliver separate escrow instructions to Escrow Holder provided they are consistent with this
Agreement.
3.3 Close of Escrow. For the purposes of this Agreement, "Close of Escrow"
shall be the date on which the grant deed in favor of Buyer is recorded in the Official Records of
the San Bernardino County Recorder's Office. The Close of Escrow shall occur within ten(10)
days after the Investigation Period ("Closing Date"). All risk of loss or damage with respect to
the Property shall pass from Seller to Buyer on the Closing Date.
3.4 Buyer Required to Deliver. At least one (1)business day prior to the date
of Close of Escrow,Buyer shall deposit into escrow the following (properly executed and
acknowledged,if applicable):
3.4.1 The remainder of the Purchase Price (i.e.,the Purchase Price less
the amount of the Deposit);
3.4.2 A Certificate of Acceptance for the grant deed, in the form
attached to the form of grant deed attached hereto as Exhibit`B".
3.4.3 Any net costs to be paid by Buyer under Section 3.9 below;
3.4.4 All other documents contemplated by this Agreement and
reasonably required by Escrow Holder,Title Company or Seller.
3.5 Seller Required to Deliver. At least one(1)business day prior to the date
of Close of Escrow, Seller shall deposit into escrow the following:
3.5.1 A grant deed conveying the Property to Buyer, in the form attached
hereto as Exhibit`B", duly executed and acknowledged by Seller(the"Grant Deed");
3.5.2 Federal("Firpta") and California(590)withholding certificates
such that no tax withholding is required of Buyer or Escrow Holder;
3.5.3 Any other documents contemplated by this Agreement or
reasonably required by Escrow Holder,Title Company or Buyer(including evidence of authority
to sell and a standard owner's affidavit).
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3.6 Conditions to the Close of Escrow, Default by Seller. Escrow shall not
close unless and until the Parties have deposited with Escrow Holder all sums and documents
required to be deposited as provided in this Agreement. The failure of a Party to timely deposit
any such sums and/or documents shall constitute a default by such Party.
Buyer's obligation to close is also subject to the Title Company issuing, or
irrevocably and unconditionally committing in writing to issue,the Title Policy to Buyer in the
amount of the Purchase Price showing fee title to the Property to be vested in Buyer, subject only
to the Approved Title Exceptions.
In the event that the conditions to CIose of Escrow are not timely satisfied for a
reason other than a default of Buyer or Seller under this Agreement,then upon termination of
this Agreement, Escrow Holder shall promptly return to Buyer all funds (and all interest accrued
thereon,if any) and documents deposited by Buyer in escrow and to return to Seller all
documents deposited by Seller in escrow and which are held by Escrow Holder on the date of the
termination(less, in the case of the party otherwise entitled to such funds, however,the amount
of any cancellation charges required to be paid by such party below).
In the event the sale of the Property is not consummated because of a default
under this Agreement by Seller, Buyer may either: (i)terminate this Agreement by delivery of
written notice of termination to Seller(and reserve its rights to pursue damages), or(ii) continue
this Agreement and bring an action for specific performance hereof
3.7 Recordation of Grant Deed; Delivery of Funds. Upon receipt of the funds
and instruments described in this Section, Escrow Holder shall cause the Grant Deed to be
recorded in the office of the County Recorder of San Bernardino, California, and shall deliver the
Purchase Price to Seller, subject to Section 3.8.
3.8 Prorations. All property taxes must be current. All assessments(if any)
shall be prorated between Buyer and Seller as of the Close of Escrow based on the latest
available assessment information. Buyer is exempt from property taxes and shall not be
allocated any property taxes, by proration or otherwise. (Seller may seek a refund of any
overpaid property taxes and Buyer shall cooperate in good faith in connection therewith.)
3.9 Costs of Escrow. Buyer and Seller shall each pay 50%of all escrow
charges; Seller shall pay CLTA/Standard title insurance costs, any transfer taxes (there should
not be any as Buyer is exempt), and recording fees, and Buyer shall pay for any ALTA survey
obtained by Buyer and any extended title coverage and any endorsements.
3.10 Broker's Commissions. Buyer and Seller represent to one another that
except for KW Commercial SoCal, who represents the Buyer and Newmark Knight Frank who
represents the Seller,no broker or finder has been engaged by it in connection with the
transaction contemplated by this Agreement,or to its knowledge is in any way connected with
such transaction Seller irrevocably instructs the Escrow Holder to pay from Seller's proceeds
accruing to the account of Seller at the close of escrow the Agreed Commission to Agent. A
contingency to the consummation of the sale shall be the payment of the Agreed Commission to
Agents at close of the escrow, in addition no change shall be made by the Seller or Buyer with
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respect to the time of, amount of,or the conditions to payment of the Agreed Commission
without prior written consent by both KW Commercial SoCal and Newmark Knight Frank,
Ontario CA. Seller agrees to instruct the Escrow Holder to pay a brokerage fee equal to 6%of
the total sales price upon close of escrow from the Seller's sale proceeds. This fee will be
divided equally between KW Commercial SoCal in Rancho Cucamonga CA and Newmark
Knight Frank, Ontario CA. Each Party covenants and agrees that any other broker fees or
commissions,which may be due or payable in connection with the closing of the transaction
contemplated by this Agreement through its dealings with that Party, shall be borne solely by
that Party,and in the event that any other broker or finder makes a claim for a commission or
finder's fee based upon any contacts, dealings or communications,the Party whose conduct is
the basis for the broker or finder making its claim shall indemnify, defend and hold harmless the
other Party against and from any commission, fee, liability, damage, cost and expense including,
without limitation, attorneys' fees,arising out of or resulting from any such claim. The
provisions of this Section shall survive the Close of Escrow, or in the event that the Close of
Escrow does not occur,the termination of this Agreement.
3.11 Escrow Cancellation Charges. In the event that this escrow shall fail to
close by reason of the default of either party hereunder,the defaulting party shall be liable for all
escrow and title cancellation charges.
4. ATTORNEYS' FEES. If either party fails to perform any of its obligations under
this Agreement, or if any dispute arises between the parties concerning the meaning or
interpretation of any provision of this Agreement, then the defaulting party or the party not
prevailing in such dispute,as the case may be, shall pay all costs and expenses incurred by the
other party on account of such default or in enforcing or establishing its rights hereunder,
including,without limitation, court costs and reasonable attorneys' fees and disbursements. Any
such attorneys' fees and other expenses incurred by either party in enforcing a judgment in its
favor under this Agreement shall be recoverable separately from and in addition to any other
amount included in such judgment,and such attorneys' fees obligation is intended to be
severable from the other provisions of this Agreement and to survive and not be merged into any
such judgment. The terms of this Section shall survive the termination of this Agreement and/or
the Close of Escrow, as applicable, and shall not be merged with the recordation of the Grant
Deed.
5. NOTICES. All notices,requests, demands and other communication given or
required to be given hereunder shall be in writing and sent by: (i) first class United States
registered or certified mail,postage prepaid,return receipt requested, or(ii) a nationally
recognized overnight courier service such as Federal Express, duly addressed to the parties as
follows:
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11231-000112433973vi.doe
To Seller: Fairway Business Centre, LLC
190 Newport Center Drive, Suite 100
Newport Beach, CA 92660
Milliken and Greystone Properties, LLC
c/o Fullmer Companies
2552 Walnut Avenue, Suite 110
Tustin, CA 92780
To Buyer: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: Lori Sassoon, Deputy City Manager
Delivery of any notice or other communication hereunder shall be deemed made on the
date indicated in the return receipt or courier's records as the date of delivery or as the date of
first attempted delivery. Any Party may change its address for purposes of this Section by giving
written notice to the other Party as herein provided.
6. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned
by either Party without the prior written consent of the other Party.
7. ENTIRE AGREEMENT, This Agreement contains all of the agreements of the
parties hereto with respect to the matters contained herein, and all prior or contemporaneous
agreements or understandings, oral or written,pertaining to any such matters are merged herein
and shall not be effective for any purpose. No provision of this Agreement may be amended,
supplemented or in any way modified except by an agreement in writing signed by the Parties
hereto or their respective successors in interest and expressly stating that it is an amendment of
this Agreement.
8. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall constitute one and the
same instrument.
9. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
10. SEVERABILITY. If any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a
court of competent jurisdiction, such invalidity,illegality or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein, unless such invalidity, illegality or
unenforceability materially affects the economic terms of the transactions contemplated by this
Agreement or the ability of either party to perform its obligations under this Agreement.
11. ADDITIONAL DOCUMENTS/FURTHER ASSURANCES. Each party hereto
agrees to perform any further acts and to execute, acknowledge and deliver any fuuther
documents that may be reasonably necessary to carry out the provisions of this Agreement.
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12. WAIVER OF RELOCATION RIGHTS/BENEFITS. Seller hereby waives and
agrees not to assert any claims for relocation benefits to which Seller might be entitled.
13. JURISDICTION. The Parties agree that the courts of the State of California shall
have jurisdiction over any dispute.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the day and year first above written.
SELLER: BUYER:
FAIRWAY BUSINESS CENTRE, LLC, a CITY OF RANCHO CUCAMO4GA r
California limited Iiability company
B
By: illison,
John Burtchaell,Manager City Manager
MILLIKEN AND GREYSTONE Attest:
PROPERTIES, LLC, a California limited
liability company
=�- 216iwa�-
ice C. Reynolds, City Clerk
By:
James L. Fullmer, Manager
APPROVED AS TO FORM:
By:
James Markman, City Attorney
sAfbs\90701vlilliken\20 06 Sale/PSA for Lot Acquis Draft v2 FBS
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1123 1-000 1\2433973v 1.doc
EXHIBIT"A"
LEGAL DESCRIPTION
All that certain real property situated in the County of San Bernardino, State of California,
described as follows:
PARCEL I OF PARCEL MAP NO. 16090,IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT
RECORDED IN BOOK 210 OF PARCEL MAPS,PAGES 75 TO 77 INCLUSIVE,
RECORDS OF SAID COUNTY.
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EXHIBIT"B"
FORM OF GRANT DEED (WITH FORM OF CERTIFICATE OF ACCEPTANCE)
(Attached.)
11231-0001\2433973v1.doc
RECORDING REQUESTED BY,AND
WHEN RECORDED RETURN TO(AND SEND
ASSESSMENT STATEMENTS/BILLS TO):
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: City Clerk
APN(s):
[SPACE ABOVE FOR RECORDER'S USE ONLY]
GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
The undersigned declares that this Grant Deed is exempt from Recording Fees pursuant
to California Government Code Section 27383, and that this Grant Deed is exempt from
documentary transfer taxes as a conveyance to a public entity.
FOR VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
("Grantor"),hereby grant to the CITY OF RANCHO
CUCAMONGA, a municipal corporation("Grantee")the land located in the County of San
Bernardino, State of California,more particularly described on Exhibit A attached hereto and
incorporated herein by reference and all improvements and fixtures thereon and easements and
other rights appurtenant thereto (collectively,the"Property").
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth
below.
Dated: , 2020
I 1231-000112433973v 1.doe
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 SAN BERNARDINO
On before me, ,a 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
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) claimed by Signer(s)
RIGHT,THUMBPRINT,-
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner— ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
11231-000112433973v i.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 SAN BERNARDINO
On before me, ,a
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
OPTIONAL
Though the information below is not required by law, it mayprove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document,
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) claimed by Signer(s)
11231-000112433973vl.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Signer's Name: RAG OF SfGNER NT
❑ Individual
❑ Corporate Officer—Title(s): lop of thumb here
❑ Partner— ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
CJ Other:
Signer is Representing:
1123I-0001\2433973vl.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 SAN BERNARDINO
On before me, ,a
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
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) claimed by Signer(s)
11231-000112433973v1.doe
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
`RIGHT TFfIlN1BPRINT,.
Si-neC S Name: OF,;SIGNER-
❑ Individual
❑ Corporate Officer—Title(s): Top of thumb here
❑ Partner— ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
11231-000112433973vLdoc
Exhibit A
to Grant Deed
LEGAL DESCRIPTION
All that certain real property situated in the County of San Bernardino, State of California,
described as follows:
11231-000112433973v1.doc
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Grant Deed
dated ,2020 from to the City of Rancho
Cucamonga,which is a political corporation, is hereby accepted by the undersigned officer on
behalf of the City of Rancho Cucamonga pursuant to the authority conferred by action of the
City Council of the City of Rancho Cucamonga on July 15,2020,and the grantee consents to
recordation thereof by its duly authorized officer.
Dated: ,
2020 John Gillison
City Manager
11231-000112433973v1.doc
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 SAN BERNARDINO
On before me, a
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
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent f•audulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) claimed by Signer(s)
11231-000112433973v 1.doc
Signer's Name: >zicrtr TiiiirvlspRirir:,,
,',OF.'SIGNER
❑ Individual
❑ Corporate Officer—Titie(s): Top or thumb here
❑ Partner— ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
1123 1-000 1\2433973v L doc