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2015/06/15 City Council Resolution 2015-112WHEREAS, the California state legislature enacted Assembly Bills xI 26 and 1484 (together, the "Dissolution Act") to dissolve and unwind the affairs of redevelopment agencies Cormed under the Communit�iri Redevelolment Law fHealth and Safet�'l Code Section 33000 et WHEREAS, the Dissolution Act provided that the city, county, or city and county that authorized the creation oForedevelopment agency could elect to retain the housing aomctm and functions previously performed by the former redevelopment agency; and WHEREAS, the City o{Iloboed Park ("City") did in fact elect bz assume the housing assets and functions of its redevelopment agency, the Community Development Commission of the City ofE(oboed Park (^"C[)C");and WHEREAS, the Planning Commission has determined by adoption of Resolution-Ao. P2014-37 on September H, 2014 that the disposition of the property is in conformity with the City's adopted General Plan; and WHEREAS, City staff have negotiated with Jose Sanchez, Ivonne Rosas, Candelaria Martinez, and Victor Martinez ("Buyers") the terms of a Residential Purchase Agreement and Joint Escrow Instructions in the form attached as "Attachment A" to this Resolution ("Purchas,; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AS FOLLOWS: Section K. Recitals. The above recitations are true and correct and material to this Section 2. Environmental Clearance. The adoption of this Resolution and approval of the accompanying Purcha'se Agreement is exempt from review under the California Environmental Quality Act because the activity in question is not a project as defined under CEQA Guidelines Section 15378 in that there is no potential that the activity will result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Section 3. Agreement. The Purchase Agreement is hereby approved. Section 4. Authorization. The Council hereby authorizes the Mayor to execute the Purchase Agreement, to approve credit adjustments not to exceed $10,000 in amount, if merited, and perform such other acts as may be necessary or convenient to effectuate the purposes of this Resolution. DULY AND REGULARLY ADOPTED this 15th day of June, 2015. ATTEST: VoAnne M. Mlergler, Cite, Clerk CITY OF ROHNERT PARK CALLINAN: AA E MACKENZIE:A-ir STAFFORD: Ayr BELFORTE: AIE_ AHANOTU:_)k6S_C-fi AYES: ( Ll ) NOES: ( ® ) ABSENT: (I ) ABSTAIN: ( 0 ) (2) ATTACHMENT A CA L IF 0 P I A CALIFORNIA ASSOCIATION RESIDENTIAL PURCHASE AGREEMENT OF IkEALTORV� AND JOINT ESCROW INSTRUCTIONS (C.A.R. Form RPA-CA, Revised 11114) Date Prepared: .0610212015 1. OFFER: A. THIS IS AN OFFER FROM Jose SanchezIlvonrip R2 as, Victor SancheViCanf y. Marfh)ez ("Buyer"), ... . . . ........ B. THE REAL PROPERTY to be acquired is 7783,13yrton Awq�,R2tj . . . ........ L4928 situated in Rohnerr Park -Ity), onoma Code), Assessor's Parcel No 143-20-001 "Property")- _(C C It, it C. THE PURCHASE PRICE offered isfourtlun VdTk Two rhousand Dollars $ 43��.00 ...... - — .. )�o D. shall —Occur (or W -__ Days After E. Buyer arid Seller are referred to herein as the "Parties." Brokers we riot Parties to Ibis Agreernent, 2. AGENCY: A. DISCLOSURE: The Parties each acknowledge receipt of a El "Disclosure Regarding Real Estate Agency Relationships" (C.A.R. Form AD). B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent Remax Pros (Print Firm Name) is the agent of (check one): fL� the S e I I a r c;xx jcuif Fo7f �Tt �otTi the Buyer and Seller. Selling Agent Nlllitre orfrrtr r Grcarafr (Print Firm Name) (if not the same as the ex-i 6i'r` 1 both the Buyer and Seller, Listing Agent) is the ageril of or the ­cusm,.,y, i F C. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a 0"Possible Representation of More than One Buyer or Seller - Disclosure and Consent" (C.A.R. Form PRBS), 3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder. A. INITIAL DEPOSIT: Deposit shall be in the amount of ..... ............ ............. ....... $ w_ „,,,,,,,,,,15.120.00 . ............. ..... . ..... . . . (1) Buyer Direct Deposit: Buyer shall deliver deposI directly to Escrow Holder by ejectrordo funds transfer, ❑ cashier's check, R personal check, ❑ other within 3 busriness days after Acceptance (or 1.­-1­–­­ . . . . ... . .... ... OR (2) [] Buyer Deposit with ,Ageit, Buyer has given the deposit by personal check (or­ ........... to the agent submitting the offer (or to ------ - ­­_­­­ . ....... ), rn atte prey b e 0 The deposit shall be held uncashed until Acceptance and then deposited with Escrow Holder within 3 business days after Acceptance (or . . ..... Deposit checks given to agent shall be an original signed check and not a copy. (Note: Initial and increased deposits checks received by agent shall be recorded in Broker's trust fund log.) B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of, ........ $ within Days After Acceptance (or . .. . .... ). If the Parties agree to liquidated damages in this Agreement, they also agree to incorporate the increased deposit into the liquidated damages amount in a separate liquidated damages clause (C.A.R Form RID)at the time the increased deposit is delivered to Escrow Holder. C. ❑ ALL CASH OFFER: No loan is needed to purchase the Property. This offer is NOT contingent on Buyer obtaining a loan. Written verification of sufficient funds to close this transaction IS ATTACHED to this offer or ❑ Buyer shall, within 3 (or _) Days After Acceptance, Deliver to Seller such verification. D. LOAN(S): (1) FIRST LOAN: in the amount of, , ........ ........... ..................... $ This loan will be conventional financing or [Xf FIIA, J-] VA, [-] .yeller financing (C.A.R. Form SFA), El assumed financing (C.A.R. Form AFA), [] Other This loan shall be at a fixed rate not to exceed 4.000 % or, 11 an adjustable rate loan with Initial rate not to exceed . . . . . . . . . ................ %, Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (2) [j SECOND LOAN in Ilia arriount of ........... .... ............... 'rhis joa�rj will be Conventional financing or SOW financing (C,X[C Form SFA), [] assumed financing (C.A.R, Foon AFA), [] Olher T his Irm n shall be ,if a fixed rate not to exceed % or, an a d)u stable rate loan with initial iWZ7�1�ot to e,xceed %, Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (3) FHAIVA: For any FHA or VA loan specified in 3D(1), Buyer has 17 (or _ ) Days After Acceptance to Deliver to Seller written notice (C,A.R. Form FVA) of any lender-required repairs or costs that Buyer requests Seller to pay for or otherwise correct. Seller has no obligation to pay or satisfy lender requirements unless agreed in writing. A FHANA amendatory clause (C.A.R. Form FVAC) shall be a part of this transaction. E. ADDITIONAL FINANCING TERMS: . . .... . .. . . .................... . .. . . .... . ...... .. .. F. BALANCE OF DO N PAYMENT in the amount of ........ ....... $ .... 41§A O. q . . . ... to be deposited with Escrow Holder pursuant to Escrow Holder instructions. G. PURCHASE PRICE (TOTAL): .............. ....... ............. $ 432.000.00 Buyer's Initials ( yS-K--,-4fl Seller's Initials 0 1991-2014, California Association of REALTORS@, Inc. RPA-CA REVISED 11/14 (PAGE I OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA . . ............... I'll, — ----- ........ Wine Country Group, 7300 Fleald9burg Ave. MB Sebas(opol, CA 95472 Phone• (707)528-8599 1:: ax: 7783 Burton Ave. Rikki Barron Produced wilh 6pFoqmto lryzipLoqix 18070 Fdlomifl M60 Road, Fraser, Wch,qaji 4402T, W vzj X vpj yp 4,011.­ . .... . ...... Property Address: D�a� June 2. 2015 M. VERIFICATION OF DOWN PAYMENT AND CLOSING CO Buyer (or Buyer's lender m loan broker pursuant mparagraph 3J(1)> shall, within 3 (or ) Days After Acceptance, Deliver to Seller written verification of Buyer's down payment and closing costs. ([3�k/orjrloetiunatbsched.) |. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (o, [] is NOT) contingent upon a written a,»proiaa| of the Property bye licensed or certified appraiser at no less than the purchase price. Buyer shall, as specified in paragraph 14B(3). in writing, remove the appraisal contingency or cancel this Agreement within 17 (or_ ) Days After Acceptance. J. LOAN TERMS: (1) LOAN APPLICATIONS: Within 3 (or _) Days After Acceptance, Buyer shall Deliver to Seller a letter from Buyer's lender or loan broker stating thot, based on o review of Buyer's written application and credit report, Buyer is pvequa|ifiod v,pmappmvod for any NEW loan specified in paragraph 3D. If any loan specified in paragraph 3D is an adjtmtable rate loan, the prequalification orpmopprava| letter shall be based un tile qualifying rate, not the initial loan rate. ([k Letter oMoohod.) . (2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith ho obtain the designated |non(s). Buyer's qualification for the loan(s) specified above in o contingency of this Agreement unless otherwise agreed in writing. If there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the Property to appraise at the purchase price does not oruido Buyer to oxonoivo the nenneUnhon right pursuant uothe loan contingency if Buyer is otherwise qualified for the specified loan. Buyer's contractual obligations regarding dopuxit, balance of down payment and closing costs are not contingencies nf this Agreement. <3> LOAN CONTINGENCY REMOVAL: Wthin 21 (or _ ) Days After Acceptance, Buyer shall, as specified in paragraph 14, in writing, remove the loan contingency or cancel this Agreement. |f there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the appraisal contingency. (4) F] NO LOAN CONTINGENCY: Obtaining any loan specified above is NOT a contingency of this Agreement. If Buyer does not obtain the loan and as a result does not purchase the Pmpody. Seller may be entitled to Buyer's deposit orother legal remedies. (a) LENDER LIMITS ON BUYER CREDITS: Any credit to Buye,, from any ouume. for closing or other costs that is agreed to by the Parties ("Contractual Credit") shall be disclosed to Buyer's lender. If the total credit allowed by Buyer's |ondo, ("Lender Allowable Credit") io less than the Contractual Credit, then (i) the Contractual Credit shall bo reduced ho the Lender Allowable Credit, and (ii) in the absence of oopanuto written agreement bobvoon the Partieo, there nho|| be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit. K. BUYER STATED FINANCING: Seller ia relying un Buyer's representation of the type of financing specified (including but not limited to, as applicable, all cash, amount of down payment, or contingent or non-contingent loan). Seller has agreed to a specific closing date, pvnchoon price and ho sell to Buyer in m|ionoa on Buyer's covenant concerning financing. Buyer shall pursue the financing specified in this Agreement. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than that specified in the Agreement and the availability of any such alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow au specified in this Agreement. 4. SALE OF BUYER'S PROPERTY: A. This Agreement and Buyer's ability to obtain financing are NOT contingent upon the sale of any properly owned by Buyer. ORB.[l This Agreement and Boe( ability to obtain financing are contingent upon the sale of property owned by Buyer as specified in the attached addendum V:.A.R. Form COP>. 5. ADDENDA AND ADVISORIES: A. ADDEND& []Addendum# {C.A.R.Fonm A@K4} Monument Addendum K�A.R.Form Shott Sale Addendum R. Form 6. OTHER TERMS: 9Z 1110WIT1491111M R. Form Form ALLOCATION OpCOSTS A. INSPECTIONS, REPORTS AND CERTIFICATES: Unless otherwise agreed in writing, this paragraph only determines who is to pay for the inxpoction, hust, certificate or service ("Report") mentioned; it does not determine who is to pay for any mmrh recommended nr identified in the Report. (1) E]Buyer R Seller shall pay for a natural hazard zone disclosure report, including tax Denvimnmontu|F]Othoc_______ pmpavedhy ^ (2) ��8uyarL]8o||or»haUpuyfor�hoo�|��m0���o� Any d (3) h-1 Buyer ehaN pay for the fwUowmgqeport prepared by . Buyer's mmam( ( Seller's Initials ( RPA'CARsYISED 11/14 ]r2t CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 2OF10) �� ,, Property Address: Date: June 2. 2015 B. GOVERNMENT REQUIREMENTS AND RETROFIT: (1) shall pay for smoke alarm and carbon monoxide device installation and water heater bracing, if required by Law. Prior m Close [VEmoTow ("COE"), Seller shall provide Buyer written statement(s) of cornpliance in accordance with state and local Law, unless Seller iuexempt. (2) (I)E] Buyer W Seller shall pay the cost of compliance with any other minimum mandatory government inspections and reports if required aoaoondiUonofo<ooingoocmwundoranyLow. (ii)E]Buyer FX� Seller shall pay the cost of compliance with any other minimum mandatory government retrofit standards required aoa condition of closing escrow under any Law, whether the work is required to be completed before or after COE. (iii) Buyer shall be pmvided, within the time specified in paragraph 14A, u copy of any required government conducted or pvint-vf-na|n inspection report prepared pursuant to this Agreement v,in anticipation of this sale of the Property. C. ESCROW AND TITLE: (1)(o) Buyer 1_ Seller shall pay escrow fee (u) Escrow Holder shall "= ^ (c) The Parties shall, within 5 (or ____) Days After recelpt, sign and return Escrow Holder's general provisions. (2) (a) pay for owner's title insurance policy speommo in paragraph 13E (b) Owner's title policy tnho issued by , (Buyer shall pay for any title insurance policy insuring Buyer's lender, unless otherwise agreed in writing.) D. OTHER COSTS: (q Buyer Seller ohu|i pay County transfer tax orfee ' (2) Buyer Seller shall pay City transfer tax or fee (3) Buyer � Seller shall pay Homeowners' Association ("HOA") transfer fee (4) Seller shall pay HOA fees for preparing documents required to be delivered by Civil Code §4525. (5) Buyer F] Seller shall pay HOA fees for preparing all documents other than those required by Civil Code §4525. (6) iyer to )ay for any HOA certification fee. (7) Buyer Seller shall pay for any private transfer fee (8) Buyer Seller shall pay for (9) Buyer Seller shall pay for. (10) Buyer Seller shall pay for the cost, not t6 exo�d - -­ - -­ of a standard (or __Topgrad , o - ne-year home warranty plan, issued by with the following optional coverages: []Air Cond6l [�s —er, e listed above, Buyer is advised Buyer is informed that home warranty plans have many optional cover�6_(�'s­ in"_a_dd,_i`iio n-1—o t_�­i"o",_s­______UU__­_ to investigate these coverages to determine those that may be suitable for Buyer. ORR Buyer waives the purchase of a home warranty plan. Nothing In this paragraph precludes Buyer's purchasing a home warranty plan during the term of this Agreement. 8. ''EMS INCLUDED IN AND EXCLUDED FROM SAL A. NOTE TO BUYER AND SELLER: bomm listed as included or excluded in theKAL8. flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in paragraph 8 B or C. B. ITEMS INCLUDED |m SALE: Except oo otherwise specified o,disclosed, (1) All EXISTING fixtures, arid fittings, that are attached tothe Property; (2) EXISTING electrical, menie*imal. lighting, plumbing and headm0fiXtUrem. ceiling fans, fireplace inserts, gam logs and grates, solar t built-in li window and d cnemmo awnings, shutters, window axi a attached floor coverings, tetevision antennas, satellite dishes, air coolersicondltioners, pool/spa equipment, garage door openers/remote controis, mailbox, in-ground landscaping, trees/shirubs, water features arid fountains, water softeners, water purifiers, secuiify "I all mfrigerator(s) except _"' ; -?,a"ll washer(s) arid dryer(s),, except (3) The following additional items: dishwasher (4) Existing integrated phone and home automation systerns, including necessary components such as intranet and Internet- connected hardware or devices, control units (other than non-dedicated mobile devices, electronics and computers) and applicable software, permissions, passwords, codes and access information, are ([] are NOT) included in the sale. (5) LEASED OR LIENED ITEMS AND SYSTEMS: Seller shall, within the time specified in paragraph 14A, (i) disclose to Buyer if any item or system specified in paragraph 8B or otherwise included in the sale is leased, or not owned by Seller, or specifically subject to a lien or other encumbrance, and (ii) Deliver to Buyer all written materials (such as lease, warranty, etc.) concerning any such item. Buyer's ability to assume any such lease, or willingness to accept the Property subject to any such lien or encumbrance, is a contingency in favor of Buyer and Seller as specified in paragraph 14B and C. (6) Seller represents that all items included in the purchase price, unless otherwise specified, (i) are owned by Seller and shall be transferred free and clear of liens and encumbrances, except the items and systems identified pursuant to 8B(4) and .__ and (ii) are transferred without Seller warranty regardless of value. C. :7 the following x g /oomoanw nxc/uo�ovm xa/v. audio auu and video components (such ax flat screen TVs, speakers and other items) if any such item io not itself attached ho the Property, even ifo bracket or other mechanism attached to the component oritem io attached oothe Property; (ii) furniture and other items secured 0o the Property for earthquake purposes; and (iii) Brackets attached to walls, floors or ceilings for any such component, furniture iththe"Property(­'in illb removed and holes or other damage shall be repaired, but not painted). Buyer's Initials Seller's Initials RPA-CA REVISED 11/14 (PAGE 3 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 3 OF 10) Property Address: /7SJ Burton _ .ti, CA 9442f7 P y 7 urton Av(m l ohin r`t P "arm... A 9 .._ 8 —.. _..__..._mN Date: Jun...........e 2•. 2w 5 _.._ . ..... 9. CLOSING AND POSSESSION: of Close Of Escrow❑ a no later pthany_ calendar days after Close Of Escrcw�or (iii) [] at PM ❑ AM /❑ / [ ] ISM) era the date A. Buyer intends (or doss not intend to occupy the Property as Buyer's primary B. Seller -occu pled or vacant roe Possesmon shall be detivered to Bu, C. Seller remaining in possession After Close Of Escrow: If Seller has the right to remain in possession after Close Of Escrow, (i) the Parties are advised to sign a separate occupancy agreement such as ❑ C.A.R. Form SIP, for Seller continued occupancy of less than 30 days, ❑ C.A.R. Form RIAS for Seller continued occupancy of 30 days or more; and (it) the Parties are advised to consult with their insurance and legal advisors for information about liability and damage or injury to persons and personal and real property and (iii) Buyer is advised to consult with Buyer's lender about the impact of Selter"s occupancy on Buyer's loan. D. Tenant-occupied property: Property shall be vacant at least 5 (or _ ) Days Prior to Close Of Escrow, unless otherwise agreed in writing, Note to Seller: If you are unable to deliver Property vacant in accordance with rent controf and other applicable Law, you may be in breach of this Agreement. OR❑Tenantto remain In possession (C.A.R. Form TIP). E. At Close Of Escrow: Seller assigns to Buyer any assignable warranty rights for items included in the sale; and Seller shall Deliver to Buyer available Copies of any such warranties, Brokers cannot and will not determine the assignability of any warranties. F. At Close Of Escrow, unless otherwise agreed in writing, Seller shall provide keys, passwords, codes and /or means to operate all locks, mailboxes, security systems, alarms, home automation systems and intranet and Internet - connected devices included in the purchase price„ and garage door openers. If the Property is a condorn0ium or located in to ccrnmon 'interest suhdiviston, Buyer may be required to pay a deposit to the i-tomeowners' Assocr "atidn ( "HOA ") to obtain keys to accessible HOA facilities, 10. STATUTORY AND OTHER DISCLOSURES (INCLUDING LEAD -BASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS: A. (1) Seller shall, within the time specified in paragraph 14A, Deliver to Buyer: (i) if required by Law, a fully completed: Federal Lead -Based Paint Disclosures (C.A.R. Form FLD) and pamphlet ( "Lead Disclosures "); and (tt) unless exempt, fully completed disclosures or notices required by sections 1102 et. seq. and 1103 et. seq. of the Civil Code ( "Statutory Disclosures "). Statutory Disclosures include, but are not limited to, a Real Estate Transfer Disclosure Statement ( "TDS "), Natural Hazard Disclosure Statement ( "NHD "), notice or actual knowledge of release of illegal controlled substance, notice of special tax and /or assessments (or, if allowed, substantially equivalent notice regarding the Mello -Roos Community Facilities Act of 1982 and Improvement Bond Act of 1915) and, if Seller has actual knowledge, of industrial use and military ordnance location (C.A.R. Form SPQ or SSD). (2) Any Statutory Disclosure required by this paragraph is considered fully completed if Seller has answered all questions and completed and signed the Seller section(s) and the Listing Agent, if any, has completed and signed the Listing Broker ser- lion(s), or„ It applicable, an Agent Visual Inspection Disclosure (C.A.R. Form AVID). Nothing stated herein relieves a Buyer's Broker, if any„ from the obligation to (t) conduct a reasonably competent and diligent visual inspection of the accessible areas of the Property and disclose, on Section IV of the TDS, or an AVID, material facts affecting the value or desirability of the Property that were or should have been revealed by such an inspection or (ii) complete any sections on all disclosures required to be completed by Buyer's Broker. (3) Note to Buyer and Seller: Waiver of Statutory and Lead Disclosures is prohibited by Law. (4) Within the time specified in paragraph 14A, (t) Seller, unless exempt from the obligation to provide a TDS, shall, complete and provide Buyer with a Seller Property Questionnaire (C.A.R. Form SPQ); (it) if Seller is not required to provide a TDS, Seller shall complete and provide Buyer with a Supplemental Contractual and Statutory Disclosure (C.A.R. Form SSD) (5) Buyer shall, within the time specified in paragraph 146(1), return Signed Copies of the Statutory, Lead and other disclosures to Seller. (6) In the event Seller or Listing Broker, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer, Seller shall promptly provide a subsequent or amended disclosure or notice in writing, covering, those Items, However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies of which, Buyer is otherwise aware, or which are disclosed in reports provided to or obtained by Buyer or ordered and paid for by Buyer. (7) If any disclosure or notice specified in paragraph 10A(1) or subsequent or amended disclosure or, notice is Delivered to Buyer after the offer is Signed, Buyer shall have the right to cancel this Agreement within 3 Days After Delivery in person„ or 5 Days After Delivery by deposit in the mail, by giving written notice of cancellation to Seller or Seller's ;agent:,. B. NATURAL AND ENVIRONMENTAL HAZARD DISCLOSURES AND OTHER BOOKLETS: Within the time specified in paragraph 14A„ Seller shall, if required by Law: (I) Deliver to Buyer earthquake guide(s) (arid questionnaire), environmental hazards booklet, and home energy rating pamphlet; (ii) disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area.; Earthquake Fault Zone; and Seismic Hazard Zone; and (tit) disclose any other zone as required by Law and provide any other information required for those zones. C. WITHHOLDING TAXES: Within the time specified in paragraph 14A, to avoid required withholding, Seller shall Deliver to Buyer or qualified substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholding Law (C.A.R. Form AS or QS). D. MEGAN'S LAW' DATABASE DISCLOSURE. Notir�;: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Depuartrnent of Justice at www,meganslaw.ca.gov. Depending on an offender's criminal history„ this inlorrna6on will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check this website. If Buyer wants further informafion, Broker recommends that Buyer obtain information from this website during Buyer's inspection contingency period. Brokers do not have expertise in this area,) E. NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES: This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http : / /www.npiras.Iahmsa.dot,govi, To seek further informtion about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact Information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Web site. Buyer's Initials (uJ�t �( �, ) Seller's Initials r�� 5'i, RPA -CA REVISED 1: 114 (PAGE 4 Ol) " CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 4 OF 10) I? ... `MIE P I!,-, I WV V r�sN i�. �i �� "��. � %��arv�.�9� Property Address: - m:.. - .,, Date: lun.y . ?; ...2_015 _..... .� F. CONDOMINIUM /PLANNED DEVELOPMENT DISCLOSURES: (1) SELLER HAS: 7 (or _ ) Days After Acceptance to disclose to Buyer if the Property is a condominium, or is located in a planned development or other common interest subdivision (C.A.R. Form SPQ or SSD). (2) If the Property is a condominium or is located in a planned development or other common interest subdivision, Seller has 3 (or _ ) Days After Acceptance to request from the HOA (C.A.R. Form HOA1): (i) Copies of any documents required by Law; (ii) disclosure of any pending or anticipated claim or litigation by or against the HOA; (Ili) a statement containing the location and number of designated parking and storage spaces; (Iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact information of all HOAs governing the Property (collectively, "Cl Disclosures "). Seller shall itemize and Deliver to Buyer all Cl Disclosures received from the HOA and any CI Disclosures in Seller's possession. Buyer's approval of Cl Disclosures is a contingency of this Agreement as specified in paragraph 146(3). The Party specified in paragraph 7, as directed by escrow, shall deposit funds into escrow or direct to HOA or management company to pay for any of the above. 11. CONDITION OF PROPERTY: Unless otherwise agreed in writing: (i) the Property is sold (a) "AS -IS" in its PRESENT physical condition as of the date of Acceptance and (b) subject to Buyer's Investigation rights; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow. A. Seller shall, within the time specified in paragraph 14A, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, including known insurance claims within the past five years, and make any and all other disclosures required by law. B. Buyer has the right to conduct Buyer Investigations of the Property and, as specified in paragraph 14B, based upon information discovered in those investigations: (i) cancel this Agreement; or (ii) request that Seller make Repairs or take other action. C. Buyer is strongly advised to conduct investigations of the entire Property in order to determine Its present condition. Seller may not be aware of all defects affecting the Property or other factors that Buyer considers important. Property improvements may not be built according to code, in compliance with current Law, or have had permits issued. 12. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyer's acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as specified in this paragraph and paragraph 14B. Within the time specified in paragraph 1413(1), Buyer shall have the right, at Buyer's expense unless otherwise agreed, to conduct inspections, investigations, tests, surveys and other studies ( "Buyer Investigations "), including, but not limited to, the right to: (1) inspect for lead -based paint and other lead -based paint hazards; (ii) inspect for wood destroying pests and organisms. Any inspection for wood destroying pests and organisms shall be prepared by a registered Structural Pest Control company; shall cover the main building and attached structures; may cover detached structures; shall NOT include water tests of shower pans on upper level units unless the owners of property below the shower consent; shall NOT include roof coverings; and, if the Property is a unit in a condominium or other common interest subdivision, the inspection shall include only the separate interest and any exclusive - use areas being transferred, and shall NOT include common areas; and shall include a report ( "Pest Control Report") showing the findings of the company which shall be separated into sections for evident infestation or infections (Section 1) and for conditions likely to lead to infestation or infection (Section 2); (iii) review the registered sex offender database; (iv) confirm the insurability of Buyer and the Property including the availability and cost of flood and fire insurance; (v) review and seek approval of leases that may need to be assumed by Buyer; and (vi) satisfy Buyer as to any matter specified in the attached Buyer's Inspection Advisory (C.A.R. Form BiA). Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (i) invasive or destructive Buyer Investigations except for minimally invasive testing required to prepare a Pest Control Report; or (ii) inspections by any governmental building or zoning inspector or government employee, unless required by Law. B. Seller shall make the Property available for all Buyer Investigations. Buyer shall (1) as specified in paragraph 14B, complete Buyer Investigations and either remove the contingency or cancel this Agreement, and (ii) give Seller, at no cost, complete Copies of all such Investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement. C. Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession is made available to Buyer. D. Buyer indemnity and seller protection for entry upon property: Buyer shall: (i) keep the Property free and clear of liens; (it) repair all damage arising from Buyer Investigations; and (iii) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to cant', policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a "Notice of Non•Respansibility" (C.A.R. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyers obligations under this paragraph shall survive the termination of this Agreement. 13. TITLE AND VESTING: A. Within the time specified in paragraph 14, Buyer shall be provided a current preliminary title report ( "Preliminary Report"). The Preliminary Report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. Buyer's review of the Preliminary Report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 14B. The company providing the Preliminary Report shall, prior to issuing a Preliminary Report, conduct a search of the General Index for all Sellers except banks or other institutional lenders selling properties they acquired through foreclosure (REOs), corporations, and government entities. Seller shall within 7 Days After Acceptance, give Escrow Holder a completed Statement of Information. B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for: (i) monetary liens of record (which Seller is obligated to pay off) unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (ii) those matters which Seiler has agreed to remove in writing. C. Within the time specified in paragraph 14A, Seller has a duty to disclose to Buyer all matters known to Seller affecting title, whether of record or not. D. At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock cooperative or long -term lease, an assignment of stock certificate or of Seller's leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's supplemental escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. Bu,uyef's Initials lu �? ( . C° t Seller's Initials ( ) ( ) RPA-CA REVISED 1111 (PAGE�OF 1tt) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 5 OF 10) Property E. uyer shall receive a CLTA/ALTA "Homeowner's Polic of Title Insurance", applicable to the type of pr pe and i78 shall notify Buyer�ofA "Homeowner's company can provide information about the � ate:. E. Buyer shall y pp yp property and buyer. If not, availability, coverage, and cost of other title policies and endorsements. If the Homeowner's Policy is not available, Buyer shall choose another policy, instruct Escrow Holder in writing and shall pay any increase in cost. 14. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised In good faith and In writing (C.A.R. Form CR or CC). A. SELLER HAS: 7 (or _ ) Days After Acceptance to Deliver to Buyer all Reports, disclosures and information for which Seller is responsible under paragraphs 5, 6, 7, 8B(4), 10A, B, C, and F, 11A and 13A. If, by the time specified, Seller has not Delivered any such item, Buyer after first Delivering to Seller a Notice to Seller to Perform (C.A.R Form NSP) may cancel this Agreement B. (1) BUYER HAS: 17 (or_) Days After Acceptance, unless otherwise agreed in waling, to: (1) complete all Buyer Investigations; review all disclosures, reports, lease documents to be assumed by Buyer pursuant to paragraph 8B(4), and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property; and (ii) Deliver to Seller Signed Copies of Statutory and Lead Disclosures and other disclosures Delivered by Seller in accordance with paragraph 10A. (2) Within the time specified in paragraph 146(1), Buyer may request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to (C.A.R. Form RRRR) Buyer's requests. (3) By the end of the time specified in paragraph 146(1) (or as otherwise specified in this Agreement), Buyer shall Deliver to Seller a removal of the applicable contingency or cancellation (C.A.R. Form CR or CC) of this Agreement. However, if any report, disclosure or information for which Seller is responsible is not Delivered within the time specified in paragraph 14A, then Buyer has 5 (or _ ) Days After Delivery of any such items, or the time specified in paragraph 1413(1), whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. (4) Continuation of Contingency: Even after the end of the time specified in paragraph 14B(1) and before Seller cancels, if at all, pursuant to paragraph 14C, Buyer retains the right, in writing, to either (i) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyers written removal of all contingencies is Delivered to Seller, Seller may not cancel this Agreement pursuant to paragraph 14C(1). C. SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: If, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. (2) Seller right to Cancel; Buyer Contract Obligations: Seller, after first delivering to Buyer a NBP, may cancel this Agreement if, by the time specified in this Agreement, Buyer does not take the following action(s): (1) Deposit funds as required by paragraph 3A, or 3B or if the funds deposited pursuant to paragraph 3A or 3B are not good when deposited; (ii) Deliver a notice of FHA or VA costs or terms as required by paragraph 3D(3) (C.A.R. Form FVA); (iii) Deliver a letter as required by paragraph 3J(1); (iv) Deliver verification, or a satisfactory verification if Seller reasonably disapproves of the verification already provided, as required by paragraph 3C or 31-1; (v) In writing assume or accept leases or liens specified in 8135; (vi) Return Statutory and Lead Disclosures as required by paragraph 10A(5); or (vii) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraphs 313 and 216; or (vill) Provide evidence of authority to sign in a representative capacity as specified in paragraph 19. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. D. NOTICE TO BUYER OR SELLER TO PERFORM: The NBP or NSP shall: (i) be in writing; (ii) be signed by the applicable Buyer or Seller; and (iii) give the other Party at least 2 (or _ ) Days After Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A NBP or NSP may not be Delivered any earlier than 2 Days Prior to the expiration of the applicable time for the other Party to remove a contingency or cancel this Agreement or meet an obligation specified in paragraph 14. E. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any contingency or cancellation rights, unless otherwise specified in writing, Buyer shall conclusively be deemed to have: (i) completed all Buyer Investigations, and review of reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and expense for Repairs or corrections pertaining to that contingency or cancellation right, or for the inability to obtain financing. F. CLOSE OF ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement, Buyer or Seller must first Deliver to the other Party a demand to close escrow (C.A.R. Form DCE). The DCE shall: (1) be signed by the applicable Buyer or Seller; and (ii) give the other Party at least 3 (or ) Days After Delivery to close escrow. A DCE may not be Delivered any earlier than 3 Days Prior to the scheduled close of escrow. G. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign mutual instructions to cancel the sale and escrow and release deposits, if any, to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Except as specified below, release of funds will require mutual Signed release Instructions from the Parties, judicial decision or arbitration award. If either Party fails to execute mutual instructions to cancel escrow, one Party may make a written demand to Escrow Holder for the deposit. (C.A.R. Form BDRD or SDRD). Escrow Holder, upon receipt, shall promptly deliver notice of the demand to the other Party. If, within 10 Days After Escrow Holder's notice, the other Party does not object to the demand, Escrow Holder shall disburse the deposit to the Party making the demand. If Escrow Holder complies with the preceding process, each Party shall be deemed to have released Escrow Holder from any and all claims or liability related to the disbursal of the deposit. Escrow Holder, at its discretion, may nonetheless require mutual cancellation instructions. A Party may be subject to a civil penalty of up to $1,000 for refusal to sign cancellation instructions if no good faith dispute exists as to who is entitled to the deposited funds (Civil Code §1057.3). 15. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final verification of the Property within 5 (or ❑ _ ) Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (1) the Property is maintained pursuant to paragraph 11; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller's other obligations under this Agreement (C.A.R. Form VP), RPAM Initials t Seller's Initials ( ) ( ........ ___ 4 (PAGE 6 OF 1 ) 112t CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 6 OF 10) 0'�"u':'' .dy W� AQWW W Property Address: 7783 Burton A vq,, Ro lmerl rk CA T 49 _ Date: June 2. 2015 16. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performe d a ... t Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (1) obtain invoices and paid receipts for Repairs performed by others; (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of invoices and paid receipts and statements to Buyer prior to final verification of condition. 17. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow„ premiums on insurance assumed by Buyer, payments on bonds arid assessments assumed by Buyer, and payments on Mello -Roos ands other Special Assessment District bonds and assessments that are now a lien. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello -Roos and other Special Assessment District bonds and assessments and HOA special assessments that are now a lien but not yet due. Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (i) for periods after Close Of Escrow, by Buyer; and (ii) for periods prior to Close Of Escrow, by Seller (see C.A.R. Form SPT or SBSA for further information). TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30 -day month. 18. BROKERS: A. COMPENSATION: Seller or Buyer, or both, as applicable, agree to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. B. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Broker: (1) Does not decide what price Buyer should pay or Seller should accept; (it) Does not guarantee the condition of the Property; (iii) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Broker; (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (viii) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (ix) Shall not be responsible for determining the fair market value of the Property or any personal property included in the sale; (x) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (xi) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. 19. REPRESENTATIVE CAPACITY: If one or more Parties is signing this Agreement in a representative capacity and not for him /herself as an individual then that Party shall so indicate in paragraph 31 or 32 and attach a Representative Capacity Signature Disclosure (C.A.R. Form RCSD). Wherever the signature or initials of the representative identified in the RCSD appear on this Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Party acting in a representative capacity (i) represents that the entity for which that party is acting already exists and (ii) shall Deliver to the other Party and Escrow Holder, within 3 Days After Acceptance, evidence of authority to act in that capacity (such as but not limited to: applicable portion of the trust or Certification Of Trust (Probate Code §18100.5), letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity). 20. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3, 4B, 5A, 6, 7, 10C, 13, 14G, 17, 18A, 19, 20, 26, 29, 30, 31, 32 and paragraph D of the section titled Real Estate Brokers on page 10. If a Copy of the separate compensation agreement(s) provided for in paragraph 18A, or paragraph D of the section titled Real Estate Brokers on page 10 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions, if any, directly from Escrow Holder and will execute such provisions within the time specified in paragraph 7C(1)(c). To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within 3 (or _ ) Days, shall pay to Escrow Holder or HOA or HOA management company or others any fee required by paragraphs 7, 10 or elsewhere in this Agreement. B. A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within 3 Days After Acceptance (or µ ). Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller's Statement of Information to Title company when received from Seller. If Seller delivers an affidavit to Escrow Holder to satisfy Seller's FIRPTA obligation under paragraph 10C, Escrow Holder shall deliver to Buyer a Qualified Substitute statement that complies with federal Law. C. Brokers are a party to the escrow for the sole purpose of compensation pursuant to paragraph 18A and paragraph D of the section titled Real Estate Brokers on page 10. Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 18A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder "s payrnant to Broker(s) of compensation pursuant to this Agreement. Buyer's Initial., LT 6. ) ( ►�' �� 1) Seller's Initials ( ) ( ) RPA••OA REVISED 11f1 (PAGE OF 10) E,w„as �W,.ua „a 1U%R ✓r�,3,.,r,�''r' ,y„ ..,.5�.�':'"MaA"r 11;11.av oProanranr a.����v��+���;��4�pi� r+. w�� `w3raa�'ru��•wwa�wrwr�rwawFa re�.::�'6w,rn^�nsv^. ;r "3'aw!.w�.ww .m.. Property dr l B ..... Date: ,m 2. _. 5 D.Uponeceipt, _Jf row Holder shalp o de S r and Seller's Broker verification of Buyer'sdepostof funds pursuant to paragraph 3A and 3B. Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notify all Brokers: (1) if Buyer's initial or any additional deposit or down payment is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or (ii) if Buyer and Seller instruct Escrow Holder to cancel escrow. E. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days after mutual execution of the amendment. 21. REMEDIES FOR BUYER'S BREACH OF CONTRACT: A. Any clause added by the Parties specifying a remedy (such as release or forfeiture of deposit or making a deposit non - refundable) for failure of Buyer to complete the purchase in violation of this Agreement shall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code. B. LIQUIDATED DAMAGES: If Buyer falls to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. If the Property is a dwelling with no more than four units, one of which Buyer intends to occupy, then the amount retained shall be no more than 3% of the purchase price. Any excess shall be returned to Buyer. Except as provided in paragraph 14G, release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT THE TIME OF ANY INCREASED DEPOSIT BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION INCORPORATING THE INCREASED DEPOSIT AS LIQUIDATED DAMAGES (C.A.R. FORM RID). Buyer's Initials lN!� i25, c . Seller's Initials i 22. DISPUTE RESOLUTION: A. MEDIATION: The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action through the C.A.R. Real Estate Mediation Center for Consumers (www.consumermediation.org) or through any other mediation provider or service mutually agreed to by the Parties. The Parties also agree to mediate any disputes or claims with Broker(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim Is presented to the Broker. Mediation fees, if any, shall be divided equally among the Parties involved. If, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are specified in paragraph 22C. B. ARBITRATION OF DISPUTES: - I The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. The Parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 22C. "NOTICE: BY INITIALING IN THE 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 GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Buyer's Initials 1/ /� Seller's Initials /- C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: (1) EXCLUSIONS: The following matters are excluded from mediation and arbitration, (1) a judicial or non - judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; and (iii) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. (2) PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: (1) the filing of a court action to preserve a statute of limitations; (ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies; or (iii) the filing of a mechanic's lien. (3) BROKERS: Brokers shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing. Any Broker(s) participating in mediation or arbitration shall not be deemed a party to this Agreement. Buyer's Initials (?rte( VsC/ Seller's Initials ( ) ( ) RPA -CA REVISED 11114 (PAGE 8 OF 10) CAI FORNIA RESIDENTIAL PURCHASE. AGREEMENT (RPA -CA. PAGE S.QF 101 lzav ; ...... _ _..... ... Date: _ _.._..,fJ18 Property Address: 7783 Burton Ave. Rohnert Park CA 949281 erne 2, _ 1 „ � _.... 23. SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any vendors, service or product providers ( "Providers'), whether referred by Broker or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing. 24. MULTIPLE LISTING SERVICE ( "MLS "): Brokers are authorized to report to the MLS a pending sale and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. 25. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non - prevailing Buyer or Seller, except as provided in paragraph 22A. 26. ASSIGNMENT: Buyer shall not assign all or any part of Buyer's interest in this Agreement without first having obtained the separate written consent of Seller to a specified assignee. Such consent shall not be unreasonably withheld. Any total or partial assignment shall not relieve Buyer of Buyer's obligations pursuant to this Agreement unless otherwise agreed in writing by Seller. (C.A.R. Form AOAA). 27. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti - discrimination Laws. 28. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terms and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph is incorporated in this Agreement if initialed by all Parties or if incorporated by mutual agreement in a counter offer or addendum. If at least one but not all Parties initial, a counter offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance. The Parties have read and acknowledge receipt of a Copy of the offer and agree to the confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation, This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. 29. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the Parties are incorporated in this Agreement. Its terms are intended by the Parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as otherwise specified, this Agreement shall be interpreted and disputes shall be resolved in accordance wth the Laws of the State of California. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller. 30. DEFINITIONS: As used in this Agreement: A. "Acceptance" means the time the offer or final counter offer is accepted in writing by a Party and is delivered to and personally received by the other Party or that Party's authorized agent in accordance with the terms of this offer or a final counter offer. B. "Agreement" means this document and any counter offers and any incorporated addenda, collectively forming the binding agreement between the Parties. Addenda are incorporated only when Signed by all Parties. C. "C.A.R. Form" means the most current version of the specific form referenced or another comparable form agreed to by the parties. D. "Close Of Escrow ", including "COE ", means the date the grant deed, or other evidence of transfer of title, is recorded. E. "Copy" means copy by any means including photocopy, NCR, facsimile and electronic. F. "Days" means calendar days. However, after Acceptance, the last Day for performance of any act required by this Agreement (including Close Of Escrow) shall not include any Saturday, Sunday, or legal holiday and shall instead be the next Day. G. "Days After" means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59 PM on the final day. H. "Days Prior" means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. I. "Deliver ", "Delivered" or "Delivery", unless otherwise specified in writing, means and shall be effective upon: personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in the section titled Real Estate Brokers on page 10, regardless of the method used (i.e., messenger, mail, email, fax, other), J. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other Party. K. "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. L. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. M. "Signed" means either a handwritten or electronic signature on an original document, Copy or any counterpart. 31. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit, if any, shall be returned to Buyer unless the offer is Signed by who is authorized to receive it, by 5:00 PM on the third lDay after dthis yoffer is signed k yFoyer 1 8 Barron w" "° l —PM', (or try 7.ft0 T�+._. on Junef g7 0,18_ ❑ One or more Buyers is signing this Agreement in a representative capacity and not for him /herself as an individual. See attached Representative Capacity Signature Disclosure (C.A.R. Form RCSD) for additional terms. Date 061021 01 BUYER ( ivone .. _ Print name Jose SanclrgglnRosa .� . ,.mm_m. .�...� �...�......._..... .__.. �.......__.. Date 06102120,15 .... _.. BLJW'.f� (Print name) Victor Sanchez(Candy Ate rf/ Wz Additional Signature Addendum attached (C.A.R. Form ASA). Seller's Initials RPA -CA REVISED 11114 (PAGE 9 OF 10) CAUFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGER OF 10It p y P R 9492 m Date: June 2. 2015 Property Address: 778 Burton Av .�.,.,�...u._.w., ohnert Park CA 8 .�..._.�....�_._�.__�...... ..��..�....�.� ..� _..........._�..�.� �...�.� 32. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the above offer, and agrees to sell the Property on the above terms and conditions. Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to Deliver a Signed Copy to Buyer. ❑ (If checked) SELLER'S ACCEPTANCE IS SUBJECT TO ATTACHED COUNTER OFFER (C.A.R. Form SCO or SMCO) DATED: ❑ One or more Sellers is signing this Agreement in a representative capacity and not for him /herself as an individual, See attached Representative Capacity Signature Disclosure (C.A.R. Form RCSD) for additional terms. Date _ SELLER Print name) ) Citv of R ohnert Parkww Date„ SELLER (Print name)_._,_,,_ []Additional Signature Addendum attached (C.A.R. Form ASA). (_/_) (Do not initial if making a counter offer.) CONFIRMATION OF ACCEPTANCE: A Copy of Signed Acceptance was (Initials) at n/ . A in 9 Agreement Is crt nwhen a mpy Si J ned Acceptance is personally received by Buyer LBuy au i r e in document. Com pletion of this confirmation is not legally required in order to create a binding Agreement; it is solely intended to evidence the date that Confirmation of Acceptance has occurred. REAL ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated in paragraph 2. C. If specified in paragraph 3A(2), Agent who submitted the offer for Buyer acknowledges receipt of deposit. D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to accept, out of Listing Broker's proceeds in escrow, the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS. If Listing Broker and Cooperating Broker are not both Participants of the MLS, or a reciprocal MLS, in which the Property is offered for sale, then compensation must be specified in a separate written agreement (C.A.R. Form CBC). Declaration of License and Tax (C.A.R. Form OLT) may be used to document that tax reporting will be required or that an exemption exists. ., r t9r ...._ CKalBRE Uc. # 00634197 ...._ RI kP Barron CalBRE Lic, # 01494072 Date O6t212015 y. Estate Br I�er lSettino.;L.l�rmi life Cr.retnt %ro Rre CalBRE Lic. # Date u Across „ 00 heal 'sb r t ve B _ City Sebastopol _. State CA Zip 95472 r lr plgrsale � 3 0 9ti Fax E- mall em ora treetrikki _gm r?l,r, arrt m Real Estate Etker (Lis)h Firm) Romax Pro anojr Gfa rry CaIBRE Lie. # 005 1669 �W. � Date Otf102/20 CaIBRE Lic #A j.�_ Oat � # I t . ._. tldr s, fa0 late Ear n Drive City f rgta eq P4tr State CA Zip 9492 I.eln�rh ar �� mt _ __Fax a w t E-mail t r f . °� 1 6 W r ,i ° (s f:rr ESCROW HOLDER ACKNOWLEDGMENT: Escrow Holder counteroffer numbers receipt of a Co of this A�, roo Seller's agrees atertoe ac of Information w and subject to paragraph 20 of this Agreement, any acknowledges p Copy .. mment (if checked„ a deposit in the amount of $ ) µ w ...__... .... supplemental escrow instructions and the terms of Escrow Holder's general provisions. Escrow Holder is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer and Seller is._.......___.__. Escrow Holder Escrow # By- ...�. .. �.., Date A,ddress.., f"'ItonAFCrx/F mall Escrow Holder has the followin g Iscers.a number .... W ... __ of rl Denarlmont of lousiness ate. . ) Listing Broker presented this offer to Seller on PRESENTATION OF OFFER: (BrokoP (date). or Dri nre lruiM }(,s ......�_.._ .,, ., ,,. 9 .. ��_... _.__.. REJECTION OF OFFER: ( ) ( ) No counter offer is being made. This offer was rejected by Seller on �.. (date). , ,� elr4�l &s Bnitt �ls ©1991- 2014, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C,A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. Published and Distributed by: Buyer's Acknowledge that page 10 is part of REAL ESTATE BUSINESS SERVICES, INC. this Agreement ( ) ( ) roRS® (PAGE 10 of 020At tl��V13ED Los FR.v,,.-,.' rDesignee RPA/ut 1114 ker CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA- CA PAGE 10 OF 10) CAL IFOI\Nl& ASSOCIATION ADDENDUM OV� Ur�BEALIOIk8o (C.�R. Form ADM, Revised 4M2) No~1 The following terms and conditions are hereb incorporated in and r-nade a part- o( the� [g Residential Purchase Agreerrient, .] Business Purchase Agreement, E Ll Manufactured Home Pirrrhas( I r�esidenfial Lease or Month-to4onth Rental Agreement, F] Vacant Land Purchase Agreement, Residentiat Income Property Purchase Agreement, � Commerciai Property _ dated on property known as 7783 Burton Ave. in which is referred to as ("Buyerfrenant") and _14e_!��ty_qf Rohnert Park is referred to as ("Seller/Landlord"). The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document. Date to Date Buyer/Tenant Seller/Landlord T of Rohnort Park BuyarrTanom Seller/Landlord ' The copyright laws m the United U.S. or any portion thereof, by photocopy machine m any other means, Including facsimile or computerized formals. CopyrIghtQ 1986-2012, CALIFORNIA ASSOCIATION OF REALTORSO, INC. ALL RIGHTS RESERVED. THIS FORM HAS BEEN APPROVED ov THE CALIFORNIA ASSOCIATION OF ns«ooeaO(c«.n.). NO REPRESENTATION IS MADE xoro THE LEGAL VALIDITY OR aosnuAnv OF ANY pRovmmw IN ANY opsu/p/u rn*wmxonom. A es*L sor*rs onoxsn IS THE psnunw uuxunco TO xovme ON ns^L sanms TRANSACTIONS. IF You DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form m available for use b' the om/m mu/ "m"w Industry. It is not intended m identify the user oo a ncauowm neaoomw /"u mn/m""« o"n"w/ve membership mark which may bo used only ^v members mm°NATIONAL ASSOCIATION opnsxuonmm who subscribe m its Code mEthics. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC, " subsidiary m the California Association mmALmnnw 52, South Virgil Avenue. Los Angeles, California ao02o Reviewed b y Date ADM REVISED 4/13 (PAGE i OF 1) w� ADDENDUM (ADM PAGE 1 OF 1) RFJMAX P110s, 625D State Farm Dr. Relined Park, CA 94928 Phone: 70741816959 Fax:7075844027 7793 FORNIA PS OF FLEALTOP�S-" Rpoe FHAIVA Amendatory Clause (C.A.R. Form FVAC, Revised 11/12) This iman addendum to the Fl California Residential Purchase Agreement or[]Other -.—,,,,-.on property known as 7783BurtonAve. Roh!1Ryf�arJ(,qA �,!tqgg- t "It io expressly agreed that notwithstanding any other provisions uf this contract, the purchaser shall not bo obligated hocomplete the purchase of the property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless the purchaser has been given in accordance with HUD/FHA or VA requirements e written statement by the Federal Housing Commissioner, Department of Veterans Affaim, or a Direct Endorsement lender setting forth the appraised value of the property mf not less than * .The purchaser shall have the privilege and option mfproceeding with consummation of the contract amount of the appraised valuation, The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will Inmure. HUD does riot warrant the value or the condition of the property. The purchaser should satisfy himself/herself that the price and condition of the property are acceptable." Note: The actual dollar amount to be inserted in the amendatory clause is the oa|un price stated in the contract. If the borrower and seller agree to adjust the oa|aa price in response to on appraised value that is less than the oa|oo phon, a new amendatory clause in not required. However, the loan application package must include the original oa|oo contract with the same price an shown on the amendatory clause, along with the mxioud or amended sales contract. The Amendatory Clause in not required on HUD REO sales, sales where the seller is Fannie Mae, Freddie Mac, the Department of Veterans Affairs, Rural Housing Services, other Fodom|' State and local government agencies, mortgagees disposing ofREO 000euo, or oe||em at foreclosure uo}oo and those sales where the borrower will not be an owner-occupant (e.g., sales to nonprofit agencies). 3. CERTIFICATION: The undersigned Buyor. SeUa,, and real estate oAon,(u) or broker(s) hereby certify that the terms and conditions of the sales contract referenced above are true to the best of their knowledge and belief and that any other agreement entered into by any of the parties in connection with the real estate transaction is part of, or attached to, the sales agreement. WARNING: It is a crime to knowingly make false statements tnthe United States on this or any other similar form. Penalties can include fine, imprisonment, or both. Title 18U.G. Code Sections 1OU1 ntooq. By signing be|mw, the undersigned acknowledge that each has noad, understands and has received o copy of this Amendatory Clause. Date 0610212015 Buyer% Jose SanchezIlvonne Rosas Buyer Date 0640242201-5 Seller City of Rohnert Park Seller Martinez Rt(l ESINW&II Wine C2u1ttry,,qL BRIE Uc, # 00834597 Telephone aQ7JQ96-0196 Fax Email edisonsiree ki(d), LCOM A( City Rohnort Park State CA Zip L4928 The ropy6iihi haws W the UNI&I SUA,)s (Title 17 U S, Coca) forbid the unauthomed reproduoWn of this lorm, or any portion lhoreaf, by pbotecopy niutfte ap any mhar means,, including facumMe ccnipu�orizod fonnots. Copyrliqlht4D2,012, CALIFORNIA AISOCIATION OF REALTORS6, INC. ALL RIGHTS RESERVED, 7HIS FORM HAq BEEN APPROVED BY THE CALWORNIA ASSOCIATION OF fWALTORSO ((,.A,R,), NO REPRESENFATJON IS MADE, A$ -70 THE LEGAL VALIDITY OR ADEQI,)ACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUAUFIEO TO AMISE ON REAL ESTATE I RAN9AC FIONS IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by the entire real estate industry. It is riot intended to identify the user as a REALTORG. REALTORO is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSO who subscribe to its Code of Ethics. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. �N] a subsidiaryofthe oomomiaAssnaammornsAcnxnaO nus South Virgil Avenue, Los Angeles, California 00000 vie FVAC 11112 (PAGE 1 OF 1) FMAyVA Amendatory Clause (FVAC PAGE 1Or1) Wine Country Group, 7300 Healdsburg Ave. MB Sebastopol, CA 95472 Phone: (707)528-8589 Fax: 7783 Burton Ave.