2002/11/26 City Council Resolution (5)RESOLUTION NO. 2002 - 261
A RESOLUTION OF THE CITY OF ROHNERT PARK APPROVING A PURCHASE
AGREEMENT FOR THE SALE OF 6600 HUNTER DRIVE (OLD LIBRARY
BUILDING) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT
WHEREAS, the Old Library Building (APN: 143 - 051 -035) is being replaced by a
new, state of the art facility and the acility will no longer be required to house local library
operations or any other city facilities;
WHEREAS, as approved in the FY 2002 -03 budget, the revenue from the sale of
the Old Library will be used for budget balancing purposes;
WHEREAS, attached as Exhibit A to this resolution is the purchase agreement for
the sale of the Old Library
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert
Park that the City Manager is authorized to execute a purchase agreement for the sale of
6600 Hunter Drive (Old Library Building).
DULY AND REGULARLY ADOPTED this 2e day of November 2002.
CITY OF ROHNERT PARK
1V1W
MACKENZIE: AYE REILLY: AYE VACANCY: NIA VIDAK- MARTINEZ: ABSENT FLORES: AYE
AYES: (3) NOES: (0) ABSENT: (1) ABSTAIN: (0)
STANDARD COMMERCIAL /INVESTMEN'i
PURCHASE AGREEMENT
(Non - Residential or More Than Four Residential Units)
DEFINITIONS
IROKER includes cooperating brokers and all sales persons, DAYS means calendar days, midnight to midnight, unless otherwise specified.
3USINESS DAY excludes Saturdays, Sundays and legal holidays. DATE OFACCEPTANCE means the date Seller accepts the offer or the
Wyer accepts the counter offer. DELIVERED means personally delivered, transmitted by facsimile machine, by a nationally recognized over -
tight courier, or by first class mail, postage prepaid. In the event of mailing, the document will be deemed delivered three (3) business
lays after deposit; in the event of overnight courier, one (1) business day after deposit; and if by facsimile, at time of transmission provided
:hat a transmission report is generated and retained by the sender reflecting the accurate transmission of the document. Unless otherwise
provided in this Agreement or by law, delivery to the agent will constitute delivery to the principal. DATE OF CLOSING means the date title is
transferred. TERMINATING THE AGREEMENT means that both parties are relieved of their obligations and all deposits will be returned to
Buyer less expenses incurred by or on account of Buyer to date of termination. PROPERTY means the real property and any personal
orooerty included in the sale.
relationship is hereby confirmed for this transaction and supersedes any
3ENCY RELATIONSHIP CONFIRMATION. The following agency
for agency election: is the agent of (check one):
LISTING AGENT: Rogers Realty
(Print Firm Name)
X the Seller exclusively; or ❑ both the Buyer and the Seller.
SELLING AGENT: North Bay Commercial Real Estate / TCN (if not the same as the Listing Agent) is the agent of (check one):
(Print Firm Name)
X the Buyer exclusively; or ❑ the Seller exclusively, or ❑ both the Buyer and the Seller.
'ofe: This confirmation DOES NOT take the place of the AGENCY DISCLOSURE f a by r
hereinafter des gnated s BUYER, offers to pu-
Hendon & Sonoma California,
hase the real property situated in Rohnert Park
County of
ommonly known as 6600 Hunter Dnv . APN: 143 -051 -035 _
OR THE PURCHASE PRICE OF $ 1,150,000 — ( One Million One Hundred FiftydThouss)aond he following terms and conditions:
FINANCING TERMS AND LOAN PROVISIONS.
A. $ 10.000 DEPOSIT evidenced by X check, or 1:1 other:
held uncashed until acceptance and not later than three (3) business days thereafter deposited toward
the purchase price with: North Ameri an Title Company
10.000 ADDITIONAL CASH DEPOSIT to be placed in escrow ❑ within days after acceptance, X upon
receipt of Loan Commitment per Item 2, ❑ Other:
C. $ 1,130.00 BALANCE OF CASH PAYMENT needed to close, not including closing costs.
D. $ NEW FIRST LOAN: e/a payable at approximately
❑ FIXED RATE: For years, interest not to exceed
$ per month (principal and interest only), with the balance due in not less than years.
❑ ARM: For years, initial interest rate not to exceed %, with initial monthly payments of
$ and maximum lifetime rate not to exceed %
❑ Buyer will pay loan fee or points not to exceed
❑ Lender to appraise property at no less than purchase price.
❑ OTHER TERMS:
E. $ EXISTING FINANCING: El FIRST LOAN, [-1 SECOND LOAN:
❑ ASSUMPTION OF, ❑ SUBJECT TO existing loan of record described as follows:
F. $
G. $
SELLER FINANCING: ❑ FIRST LOAN, ❑ SECOND LOAN, ❑THIRD LOAN, secured by the property.
❑ Seller Financing Addendum, P.P Form 131.1 -3 CAL, is attached and made a part of this Agreement.
OTHER FINANCING TERMS:
H. $ 1,150.O TOTAL PURCHASE PRICE not including closing costs).
2. LOAN APPROVAL. (Please check on of the following):
A. X CONTRACT IS NOT CONTINGENT upon Buyer obtaining a loan.
B. ❑ CONTRACT IS CONTINGENT -day&
Buyer ] [ Y v Il and Seller [ ]have read this page.
CAUTION: The copyright laws of the United Sttt___ates forbid the unauthorized reproduction of this form by any
means including scanning or computerized formats.
Page 1 of 6
FORM 101 -C.1 CAL (12 -2001) COPYRIGHT (9)1993-2001. BY PROFESSIONAL PUBLISHING, 365 BELMARIN KEYS BLVD., SUITE 100. NOVATO, CA 94949 (415)684.2164
Form ge ted by: True Forms" from REVEALCPJ sY3TEMs, Inc. 800- 499 -9612
Pd PROFESSIONAL
PUBLISHING
AL
Printed: Wednesday, November 20, 200216:55
operty Address 6600 Hunter Drive APN• 143 -051 4
tt ant t6wely MW
BONDS AND ASSESSMENTS. All bonds and assessments which are part of or paid with the property tax bill will be assumed by the Buyer.
In the event there are other bonds or assessments which have an outstanding principal balance and are a lien upon the property, the current
installment will be prorated between Buyer and Seiler as of the date of closing. Future installments will be assumed by Buyer WITHOUT
CREDIT toward the purchase price, EXCEPT AS FOLLOWS: No exceptions
This Agreement is conditioned upon both parties verifying and approving in writing the amount of any bond or assessment to be
assumed or paid within ten (10) days after receipt of the preliminary title report or property tax bill whichever is later. In the event of
disapproval, the disapproving party may terminate this Agreement.
PROPERTY TAX.
tax boll Q,
i. EXISTING LOANS.
_—OM-d 0, 11; inwwaGt tQ—.. liaii-a sil-se (r) days alter "wPQ4A OwY@r 1" Qlatlgy c2 Coll-,
are destroyed, materially damaged, or found to
6. DESTRUCTION OF IMPROVEMENTS. If the improvements of the property
defective as a result of such damage prior to close of escrow, Buyer ay terminate this Agreement by written notice delivered to
be materially
m
Seller or his or her Broker, and all unused deposits will be returned. In the event Buyer does not elect to terminate this Agreement,
Buyer will be entitled to receive, in addition to the property, any insurance proceeds payable on account of the damage or destruction.
7. EXAMINATION OF TITLE. In addition to any encumbrances assumed or taken "subject to," Seller will convey title to the property subject
only to: [1] real estate taxes not yet due; and [2] covenants, conditions, restrictions, rights of way and easements of record, if any,
which do not materially affect the value or intended use of the property.
Within three (3) days after acceptance, Buyer will order a Preliminary Title Report and copies of CC &Rs and other documents of
record if applicable. Within five (5) days after receipt, Buyer will report to Seller in writing any valid objections to title contained in
such report (other than monetary liens to be paid upon close of escrow). If Buyer objects to any exceptions to the title, Seller will use
due diligence to remove such exceptions at his or her own expense before close of escrow. if such exceptions cannot be removed
before close of escrow, this Agreement will terminate, unless Buyer elects to purchase the property subject to such exceptions. If
Seller concludes he or she is in good faith unable to remove such objections, Seller will so notify Buyer within ten (10) days after
receipt of said objections. in that event Buyer may terminate this Agreement.
8. EVIDENCE OF TITLE will be in the form of a policy of title insurance, issued by North American Title Company
, paid by X Buyer, ❑ Seiler, ❑ Other
NOTE: Buyer should discuss the type of policy with the title company of his or her choice at the time escrow is opened. in the event
a lender requires an ALTA lender's policy of title insurance, X Buyer, ❑ Seller will pay the premium.
9. PRORATIONS. Rents, real estate taxes, interest, payments on bonds and assessments assumed by Buyer, and homeowners association
fees will be prorated as of the date of recordation of the deed. Security deposits, advance rentals, or considerations involving future
lease credits will be credited to. Buyer. OR ❑ within
10. CLOSING. Full purchase price to be paid and deed to be recorded jg on or before See Addendum No 1
days after acceptance. Both parties will deposit with an authorized escrow holder, to be selected by Buyer, all funds and i coon
ments necessary to complete the sale in accordance with the terms of this Agreement. ❑ Where customary, signed escrow instructions
will be delivered to escrow holder within days after acceptance. Escrow fee to be paid by 50 1% Buyer and
Seller County /City transfer tax(es), if any, to be paid by Seller
THIS PURCHASE AGREEMENT TOGETHER WITH ANY ADDENDA WILL CONSTITUTE JOINT ESCROW INSTRUCTIONS TO THE
ESCROW HOLDER.
11. PHYSICAL POSSESSION. Physical possession of the property, with keys to all property locks, alarms, and garage door openers, will be
delivered to Buyer (check one):
X On the date of recordation of the deed, not later than 3.00 ❑a.m., Xp.m.;
❑ On the day after recordation, not later than ❑a.m., El P.m.
12. FIXTURES. All items permanently attached to the property, including light fixtures and bulbs, attached floor coverings, all attached win-
dow coverings, including window hardware, window and door screens, storm sash, combination doors, awnings, TV antennas, burglar,
fire, smoke and security alarms (unless leased), pool and spa equipment, solar systems, attached fireplace screens, electric garage
door openers with controls, outdoor plants and trees (other than in movable containers), are included in the purchase price free of liens,
EXCLUDING: No exclusions
Buyer ] [] and Seller [ have read this page.
CAUTION: The copyright laws of the United States forbid the unauthorized reproduction of this form by any
means including scanning or computerized formats.
Page 2 of 6
FORM 101 -C.2 CAL (12 -2001) COPYRIGHT Q1993-2001. BY PROFESSIONAL PUBLISHING, 365 BELMARIN KEYS BLVD.. SUITE 100. NOVATO. CA 94949 (415 884 -21
Form generated by: TrueFofms" from REVEALft SYSTEMS, Irk, 800499 -9612
Pd PPUBL IS AL
Printed: Wednesday, November 20, 200216:55
party Address 6600 Hunter Drive APN' 143 - 051 -M
INSPECTIONS OF PHYSICAL CONDITION OF PROPERTY. Buyer will have the right to retain, at his or her expense, licensed experts
including but not limited to engineers, geologists, architects, contractors, surveyors, arborists, and structural pest control operators
to inspect the property for any structural and nonstructural conditions, including matters concerning roofing, electrical, plumbing,
heating, cooling, appliances, well, septic system, pool, boundaries, geological and environmental hazards, toxic substances including
asbestos, mold, formaldehyde, radon gas, and lead -based paint. Buyer, if requested by Seller in writing, will promptly furnish, at no
cost to Seller, copies of all written inspection reports obtained. Buyer will approve or disapprove in writing all inspection reports
obtained within 60 days after acceptance. In the event of Buyer's disapproval, Buyer may, within the time stated or mutually
agreed upon extension, elect to terminate this Agreement, or invite Setter to negotiate repairs. (See P.P. Form 101 -M, Addendum
Regarding Removal of Inspection Contingencies.)
NOTICE OF VIOLATIONS. By acceptance, Seller warrants that he or she has no written notice of violations relating to the property
from City, County, State, Federal or any other governmental agencies.
ce, Seller will deliver to Buyer, for his or her approval, a
INCOME AND EXPENSE STATEMENT. Within seven (7) days of acceptan
true and complete statement of rental income and expenses. Within seven (7) days of receipt of that statement, Buyer will notify
Seller in writing of his or her approval or disapproval. In case of disapproval, Buyer may terminate this Agreement.
SERVICE CONTRACTS. Within seven (7) days of acceptance; Seller will furnish Buyer, for his or her approval copies of any service
ofdthe equipment
es, Buyer awillonotfysSeller in respect to the
f property which run
approval close of escrow. Within seven (7)
In case of disapproval, Buyer may terminate
p
this Agreement.
r EXISTING LEASES.
I;ir 1,0F
action, Setter agrees that
8. CHANGES DURING TRANSACTION. During the pendency of this trans a the existing leases or
alterations or repairs be
s ubstantial al changes
rental agreements will be made, nor new leases or rental agreements entered into, nor will any s
made or undertaken to the property without the written consent of the Buyer.
9. MAINTENANCE. Seller will maintain the property until the closing in its present condition, ordinary wear and tear excepted. The
ing, ventilating, air conditioning, plumbing, elevators, loading doors, and electrical systems will be in good operating order and condition
tion
as of the time of closing.
provide reasonable access to the property to Buyer and inspectors, appraisers, and all
!0. ACCESS TO PROPERTY. Seller agrees to
other professionals representing Buyer.
t1. WALK- THROUGH INSPECTION. Buyer will have the right to conduct ions under inspection of the property within 1 days
prior to close of escrow, to verify Seller's compliance with the provisions under Item 12, FIXTURES, and Item 19, MAINTENANCE.
This right is not a condition of this Agreement, and Buyer's sole remedy for an alleged breach of these items is a claim for damages.
Utilities are to remain turned on until transfer of possession.
22. COMPLIANCE WITH LOCAL LAWS. Seller will comply with any local laws applicable to the sale or transfer of the property, including
but not limited to: Providing inspections and /or reports for compliance with local building and permit regulations, including septic sys-
tem inspection reports; compliance with minimum energy conservation standards; and compliance with water conservation measures.
All required inspections and reports will be ordered within three (3) days after acceptance and will be paid by ❑ Seller, ❑ Buyer.
If Seller does not agree within five (5) days after receipt of a report to pay the cost of any repair or improvement required to comply
with ovals were of obtained for terminate
ome improvements, nSeller will not beoresponsible efor bringing i the imp improvements into compliance unless l
approvals
agreed.
23. OPTIONAL PROVISIONS. The provisions in this Item 23, IF INITIALED BY BUYER are included in this Agreement.
23 -A, [_] [_,] MAINTENANCE RESERVE. Seller agrees to leave in escrow a maintenance reserve in the amount of $
If, in the reasonable opinion of a qualified technician, any of the equipment listed under Item 19, MAINTENANCE, is not in working
order, Buyer will furnish Seller a copy of the technician's inspection report and /or submit written notice to Seller of non - compliance of
any of the terms under Item 19, MAINTENANCE, within five (5) days after occupancy is delivered.
In the event Seller fails to make the repairs and/or corrections within five (5) days after receipt of said report or notice, Seller to
holder authorizes the escrow
the amount reserved. Said reserve 'will r against it
be disbursed toBuyeror for repairs
etu ned to Sellerr not rlater o h than date exceed
is delivered.
advised that the
Y3.g, [_] [_] FLOOD HAZARD ZONE. Buyer has been e property is located in a special flood hazard area designated
by the Federal Emergency Management Agency (FEMA). It will be necessary to purchase flood insurance in order to obtain any loan
secured by the property from any federally regulated financial institution or a loan insured or guaranteed by an agency of the U.S.
Government. The purpose of the program is to provide flood insurance at reasonable cost. For further information consult your lender
or insurance. carrier.
Buyer 9:�Eco�p ]and Seller [ have read this page.
CAUTIght laws of the United Vates forbid the unauthorized reproduction of this form by any
means including scanning or computerized formats.
Page 3 of s Pd PUBLISH NG AL
FORM 101 -C.3 CAL (12 -2001) COPYRIGHT 01993 -2001, BY PROFESSIONAL PUBLISHING, 365 BEL MARIN KEYS BLVD.. SUITE 100. NOVATO, CA 94949 (415)664 -2164
Form gem-W by: Tree Forma° from REVEAL% SYSTEMS, Inc. 500.499 -9612
Printed: Wednesday, November 20,2002 116:55
roperty Address 6600 Hunter Drive APN' 143 -051 -1
3 -C. [_.] [_] EARTHQUAKE FAULT OR SEISMIC HAZARD ZONE DISCLOSURES. The property is situated in a Earthquake Fault
Zone or Seismic Hazard Zone as designated under §§ 2621 -2625 and §§ 2690- 2699.6 of the California Public Resources Code. Con-
struction or development of any structure for human occupancy may be restricted. No representations on the subject are made by
Seller or Broker. Buyer may make further independent inquiries at appropriate governmental agencies concerning the use of the
property under the terms of the above statutes. Within seven (7) days after acceptance, Buyer will notify Seller in writing of satis-
faction or dissatisfaction of said inquiries. In case of dissatisfaction Buyer may terminate this Agreement.
!3 -D. [_] [ _] PROBATE /CONSERVATORSHIP SALE. Pursuant to the California Probate Code, this sale is subject to court approval
at which time the court may allow open competitive bidding. An "AS IS" Addendum (P.P. Form 101 -A1) [] is, []is not attached and
made a part of this Agreement.
M -E. [_] 1_1 RENT CONTROL ORDINANCE. Buyer is aware that a local ordinance is in effect which regulates the rights and obli-
gations of property owners. It may also affect the manner in which future rents can be adjusted.
23 -F. [_] [_] TAX DEFERRED EXCHANGE (INVESTMENT PROPERTY). In the event that Seller wishes to enter into a tax deferred
exchange for the property, or Buyer wishes to enter into a tax deferred exchange with respect to property owned by him or her in
connection with this transaction, each of the parties agrees to cooperate with the other party in connection with such exchange, in-
eluding the execution of such documents as may be reasonably necessary to complete the exchange; provided that: (a) the other party
will not be obligated to delay the closing; (b) all additional costs in connection with the exchange will be borne by the party requesting
the exchange; (c) the other party will not be obligated to execute any note, contract, deed or other document providing for any personal
liability which would survive the exchange; and (d) the other party will not take title to any property other than the property described
in this Agreement. It is understood that a party's rights and obligations under this Agreement may be assigned to a third party
intermediary to facilitate the exchange. The other party will be indemnified and held harmless against any liability which arises or is
claimed to have arisen on account of the exchange.
ce includes all furniture and furnishings and any other personal property own-
23 -G. [_] [_] PERSONAL PROPERTY. The purchase pri eceipt of which in-
ad by Seller and used in the operation of the property per attached signed inventory, r hereby acknowledged. This ventory is incorporated by reference. The personal property will be transferred to Buyer by a Warranty Bill of Sale delivered at closing.
24. DEFAULT. In the event Buyer defaults in the performance of this Agreement (unless Buyer and Seller have agreed to liquidated
damages), Seller may, subject to any rights of Broker, retain Buyer's deposit to the extent of damages sustained and may take such
actions as he or she deems appropriate to collect such additional damages as may have been actually sustained. Buyer will have the
right to take such action as he or she deems appropriate to recover such portion of the deposit as may be allowed Broker In the
t
event that Buyer defaults (unless Buyer and Seller have agreed to liquidated damages) Buyer agrees to pay (s) y
commission that would be payable by Seller in the absence of such default.
25. ATTORNEY FEES. In any action or proceeding involving a dispute between Buyer and Seller arising out of the execution of this Agree-
ment or the sale, whether for tort or for breach of contract, and whether or not brought to trial or final judgment, the prevailing party
will be entitled to receive from the other party a reasonable attorney fee, expert witness fees, and costs to be determined by the court
or arbitrator(s).
26. WUIDTI AGES- By initialing in the spaces below, Bu er does not agree
] Buyer agrees I ] [ y
Seiler agrees [ ] [ ]Seller does not agree
that in the vent Buyer defaults in the performance of this Agreement, Seller will retain as liquidated dam-
ages the deposit set forth in Items 1 -A and 1 -B, and that said liquidated damages are reasonable in view
of all the circumstances existing on the date of this Agreement. In the event of additional deposit(s)
required under Item 1 -B, the parties will execute a similar liquidated damages provision as required by
law. In the event that Buyer defaults and has not made the deposit required under Item 1 -B or refuses to
execute the liquidated damages provision with respect to such additional deposit, then Seller will have
the option of retaining the initial deposit or terminating the obligations of the parties under this Item 26
and recovering such damages from Buyer as may be allowed by law. The parties understand that in case
of dispute mutual cancellation instructions are necessary to release funds from escrow he trust accounts -
27. MEDIATION OF DISPUTES. If a dispute arises out of or relates to this Agreement or its breach, by initialing in the "agree" spaces be-
low the parties agree to first try in good faith to settle the dispute by voluntary mediation before resorting to court action or arbitration,
unless the dispute is a matter excluded under Item 28 ARBITRATION. The fees of the mediator will be shared equally between all parties
to the dispute. if a party initials the "agree" space and later refuses mediation, that party will not be entitled to recover prevailing party
at r y f n any subsequent action. [ ] [ ]Buyer does not agree
[ ] [ B yer agrees
[ ] [ t tiller agrees [ ] [ ] Seller does not agree
28. ARBITRATI OF DISPUTES. Any dispute or claim in law or equity arising out of this Agreement and not neutral
binding arbitration in accordance with the California Arbitration Act (C.C.P. § 1280 et seq.),
Y
provided by California law for judicial review of arbitration proceedings. if the parties cannot agree upon an arbitrator, a party
may petition the Superior Court of the county in which the property is located for an order compelling arbitration and appointing an
arbitrator. Service of the petition may be made by first class mail, postage prepaid, to the last known address of the party served.
Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The parties will have the
right to discovery in accordance with Code of Civil Procedure § 1283.05.
Buyer [99-1 ["L] and Seller [ [ have read this page.
CAUTION: The copyright laws of the United for forbid the unauthorized reproduction of this form by any
means including scanning or computerized formats. 1
Page 4 of 6
IPA] AL
FORM 101 -C.4 CAL (12 -2001) COPYRIGHT 01993-2001, BY PROFESSIONAL PUBLISHING, 365 BEL MARIN KEYS BLVD.. SUITE 100. NOVATO, CA 94949 (415)864.276
Form generated by: TrueForma" from REVEAL% SYSTEMS, Im SOD499-9612
Printed: Wednesday, November 20, 200216:55
operty Address 6600 Hunter Drive APN: 143 -0514
The parties agree that the following procedure will govern the making of the award by the arbitrator: (a) a Tentative Award
will be made by the arbitrator within 30 days following submission of the matter to the arbitrator; (b) the Tentative Award will
explain the factual and legal basis for the arbitrator's decision as to each of the principal controverted issues; (c) the Tentative
Award will be in writing unless the parties agree otherwise; provided, however, that if the hearing is concluded within one (1)
day, the Tentative Award may be made orally at the hearing in the presence of the parties. Within 15 days after the Tentative
Award has been served or announced, any party may serve objections to the Tentative Award. Upon objections being timely
served, the arbitrator may call for additional evidence, oral or written argument, or both. If no objections are filed, the Tentative
Award will become final without further action by the parties or arbitrator. Within thirty (30) days after the filing of objections,
the arbitrator will either make the Tentative Award final or modify or correct the Tentative Award, which will then become final
as modified or corrected.
The provisions of C.C.P. § 128.5 authorizing the imposition of sanctions as a result of bad faith actions or tactics will apply tot the
arbitration proceedings. A prevailing party will also be entitled to an action for malicious prosecution if the elements of such cause
of action are met.
The following matters are excluded from arbitration: (a) a judicial or non - judicial foreclosure or other action or proceeding
to enforce a deed of trust, mortgage, or real property sales contract as defined in Civil Code § 2985; (b) an unlawful detainer
action; (c) the filing or enforcement of a mechanic's lien; (d) any matter which is within the jurisdiction of a probate court, or
small claims court; or (e) an action for bodily injury or wrongful death, or for latent or patent defects to which Code of Civil
Procedure § 337.1 or § 337.15 applies. The filing of a judicial action to enable the recording of a notice of pending action, for
order of attachment, receivership, injunction, or other provisional remedies, will not constitute a waiver of the right to arbitrate
under this provision.
NOTICE: By initialing in the [ "agree "] space below you are agreeing to have any dispute arising out Of
the matters included in the "Arbitration of Disputes" provision decided by neutral arbitration as provided by
California law and you are the giving up ["agree"] aceybelowgyopossess are giving up your dispute uicial litigated
rights e to discovery
or jury trial. By initialing in the [ ag ] p Y
and appeal, unless those rights are specifically included in the "Arbitration of Disputes" prr arbitrate under the
fuse to submit to arbitration after agreeing to this provision, y Y
authority of the California Code of Civil Procedure. Your agreement to this arbitration provision is voluntary.
We have ead and understand the foregoing and agree to submit disputes arising out of the matters
in 1 i th "Arbitration of Disputes" provision `o neutral Buyer
I arbitration•does not agree
(
( ( Buyer agrees j ( ] Seller does not agree
(� Seller agrees Buyer or to William M. Sev ri (Z,,/M- North
29. EXPIRATIO OFFER. This Offer will expire unless acceptance is delivered a Buy m•
Bay Commercial Real Estate (Buyer's Broker) on or before (date) November 29, 2002 ( time ) 5:00 ❑ a.m. j�p•
30. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which is deemed to be an original.
31. CONDITIONS SATISFIEDMIAIVED IN WRITING. Each condition or contingency, covenant, approval or disapproval will be satisfied ac-
cording to its terms or waived by written notice delivered to the other party or his or her Broker.
32. TIME. Time is of the essence of this Agreement; provided, however, that if either party fails to comply with any contingency in this
Agreement within the time limit specified, this Agreement will not terminate until the other party delivers written notice to the default-
ing party requiring compliance within 24 hours after receipt of notice. If the party receiving the notice fails to comply within the 24
hours, the non - defaulting party may terminate this Agreement without further notice.
33. SURVIVAL. The omission from escrow instructions of any provision in this Agreement will not waive the right of any party. All repre-
sentations or warranties will survive the close of escrow.
34. ENTIRE AGREEMENT/ASSIGNMENT PROHIBITED. This document contains the entire agreement of the parties and supersedes all prior
representations with respect to the property which are not expressly set forth. This Agreement may be modified only in writing
agreements or rep both parties. Both parties acknowledge that they have not relied on any statements of the real estate Agent or
signed and dated re
Broker which are not expressed in this Agreement. Buyer may not assign any right under this agreement without the prior written consent
of Seller. Any such assignment will be void and unenforceable.
35. ADDENDA. The following addenda are attached and made a part of this Agreement:
X Addendum No. 1
E] Addendum No. 2
NOTICE: The California Department of Justice, sheriffs departments, police departments serving jurisdictions of 200,000 or more and many
other local law enforcement authorities maintain for public access a data base of the locations of persons required to register pursuant to
paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The data base is updated on a quarterly basis and a source of informa-
tion about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Indetification
Line through which inquiries about individuals may be made. This is a "900" telephone service. Callers must have specific information
about individuals they are checking. Informati a arding neighborhoods is not available through the "900" telephone service.
Buyer ] [ ] and Seller [_1 ]have read this page.
CAUTION: The copyright laws of the United States forbid the unauthorized reproduction of this form by any
means including scanning or computerized formats. 11 PROFESSIONAL
Page 5 of 6 PC PUBLISHING
FORM 101 -C.5 CAL (12 -2001) COPYRIGHT 01993-2001, BY PROFESSIONAL PUBLISHING, 365 BEL MARIN KEYS BLVD.. SUITE 100, NOVATO, CA 94949 (415)884.2164
Form generated by: TrueForme from REVEAL% SYSTEMS, 1.. 800- 499 -9612
Printed: Wednesday, November 20, 200216:55
)perty Address 6600 Hunter Drive APN• 143 -051 -0
AITATION OF
sufficiency, AGENCY: A egal effect, estate broker or agent is
or tax consequences of qualified
this document or theerelateditra transactions, consult questions
with your attorney,
I
countant or insurance advisor.
trees for purchase the property for the price and on the terms and conditions specified. Buyer acknowledges receipt hof a copy of
I
is offer. +
uyer �A1
Date June 13 2002 Time
Allan He erson <
Date June 13 2002 Time
uyer
Mic Gasp rini
,ddress
ACCEPTANCE
feller accepts the foregoing Offer and agrees to sell the property for the price and on the terms and conditions specified.
40TICE: The amount or rate of real estate commissions is not fixed by law. They are set by each Broker in-
iividually and may be negotiable between the Seller and Broker.
W. COMMISSION.
.raad
e
37. PROVISIONS TO BE INITIALED. The following items must be "agreed to" by both parties to be binding on either party. In the event of
disagreement, Seller should make a counter offer.
Item 26. LIQUIDATED DAMAGES Item 27. MEDIATION OF DISPUTES Item 28. ARBITRATION OF DISPUTES
Seller acknowledges receipt of a copy of this Agreement. Authorization is given to the Broker(s) in this transaction to deliver a
signed copy to Buyer and to disclose the terms of purchase to members of a Multiple Listing Service, Board or Association of
REALTORS® at close of escrow.
38. IF CHE D 0 ACCEPTANCE IS SUBJECT TO ATTACHED COUNTER OFFER DATED
D1--le-
Seller Seller (Signature)
(Signature
Cit f Rohnert Park (Please Print Name)
(Please Print Name) r / / Time_
Date f� 9 d Time `T S Date
Address _ Per Resol. No. 2002 -261 adopted by
the City Council at its meeting of
11/26/02.
CAUTION: The copyright laws of the United States forbid the unauthorized reproduction of this form by any
means Including scanning or computerized formats. 1 UBLISHING
PC PROFESSIONAL
Page 6 of 6
FORM 101 -C.e CAL (12 -2001) COPYRIGHT W993-200i. BY PROFESSIONAL PUBLISHING, 365 BEL MARIN KEYS BLVD., SUITE 100, NOVATO, CA 94949 (415)884-2164
Form generated by: Tree Forms'" from REVEAL% SYSTEMS, Inc. 800-399 -9612
Printed: Wednesday, November 20,2002 16:55
JDENDUM NO. 1
Agreement dated
June 13 2002 between Henderson & Gasparini (Buyer)
d The City of Rohnert Park (Seller) , concerning property located at 6600 Hunter Drive Rohne
e parties agree as follows:
sand and 00/100 dollarsl through escrow to mitigate the Buyer's cost in relation to
Seller shall credit bu er $30,000 (Thjqy thou
Escrow shall close at Buyer's option, not sooner than January 1 2003 nor later than 30 days after the Sonoma County Library
icates the subject property, In the event that escrow closes prior to the vacating of the subject property by. the Sonoma Count
brary the City of Rohnert Park will pay rent to the Buyer in the amount of $8,000 net per month.
Seller to pro vide Buyer with a permanate and exclusive easement or other right for a total of 52 pa&ia s aces to serve the
fhiPrf ro ert Bu er shall a for all costs associated with the re erafion of the easement.
► Buyer's contractual requirement to remover the building Qnphysical hh nrnvides 52 parking spaces. s be (10 300 extended 000 =f 10.3 x 5 after 51.5
This Addendum, upon its execution of nothforce1eor is
effect eunlessrt executed above Agreement. and delivered prior to
If checked D this to
(date) (time) El a.m. El p• m, lame of Party)
Date
Seller/.6esoBF
City of Roh ert Park
Date
SellerF6e99eF
Date �
Buyer /6essee
• - '1J� —_.,.
ella Henderson
Buyer /6essee A lG�
�L Date
hael G sparini Rev. by
CAUTION: The copyright laws of the United States forbid the unauthorized reproduction of this form by any Date
means including scanning or computerized formats. PSHIN
FORM 101 -B (03 -2000) COPYRIGHT W988-2000, BY PROFESSIONAL PUBLISHING, 365 BEL Pd UBLI G MARIN KEYS BLVD., SUITE 100. NOVATO, CA 94949 (415)884 -2164 PROFESSIONAL
UBLI SSI G
Form generated by: True Forms" from REVEALft SYSTEMS, Inc. 800-099 -9612
Printed: Friday, November 22, 200211:50