2014-11 t
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=� RESOLUTION NO. 2014-11-HA
A RESOLUTION OF THE GRAND TERRACE HOUSING AUTHORITY
ACCEPTING HOUSING INTERESTS ASSOCIATED WITH HABITAT FOR
HUMANITY SAN BERNARDINO AREA, INC. AND GRANTING A
CONSTRUCTION EXTENSION TO HABITAT FOR HUMANITY SAN
BERNARDINO AREA, INC
WHEREAS, on May 24, 2011, the former Community Redevelopment Agency
adopted Resolution No. CRA 2011-07 approving a Purchase and Sale Agreement and Grant
Deed and Affordability Covenant approving the sale of a. vacant 0.50-acre lot, more
particularly described as 12569 Michigan Street, Grand Terrace, California Assessor's Parcel
Number 1167-271-11 to Habitat for Humanity San Bernardino Area, Inc.;
WHEREAS, the Purchase and Sale Agreement was fully executed on June 21, 2011
and the Grant Deed and Affordability Covenant transferring the property to Habitat for
Humanity San Bernardino Area, Inc. was recorded (Recordation # 2011-0271505) on
July 5, 2011;
WHEREAS, the Purchase and Sale Agreement and Grant Deed and Affordability
Covenant state that Habitat for Humanity San Bernardino Area, Inc. shall construct two
(2) residences and sell one (1) residence to a qualified very low income buyer and one
(1) residence to a qualified low or very low income buyer;
WHEREAS, the Purchase and Sale Agreement and Grant Deed and Grant Deed and
Affordability Covenant covenants the ownership of the two residences to qualified very low
and low income buyers for a period of forty-five (45) years from the date of the initial
conveyance of the residence(s), pursuant to the requirements of the California Health and
Safety Code Section 33413 (b) (2) (c);
WHEREAS, the Purchase and Sale Agreement and Grant Deed and Affordability
Covenant states that Habitat for Humanity San Bernardino Area, Inc. must construct the two
residences by June 30, 2014;
WHEREAS, the Purchase and Sale Agreement and Grant Deed and Grant Deed and
Affordability Covenant include an automatic reversion of the property to the Grantor should
Habitat fail to construct the two residences by June 30, 2014;
Resolution No. 2014-11-HA
March 25, 2014 Page 2 of 22
WHEREAS; the State Legislature dissolved redevelopment agencies. by enacting
Assembly Bill Nos. 1x 26 and 1484, relating to redevelopment dissolution, ("Dissolution
Statutes") which became effective on June 28, 2011, and June 27, 2012, respectively;
WHEREAS, the City of Grand Terrace created the Grand Terrace Housing Authority
("Housing Authority") on January 30, 2012, to assume all rights, powers, assets, liabilities,
duties, obligations and functions associated with the housing activities of the former
Community Redevelopment Agency of the City of Grand Terrace;
WHEREAS, on. November 12, 2013, the Successor Agency for the Grand Terrace
Community Redevelopment Agency ("Agency") adopted Resolution 2013-48 SA to transfer
the housing assets to the Grand.Terrace Housing Authority; and
WHEREAS, on December 4, 2013, the Oversight Board to .the City of .Grand-Terrace
Redevelopment Agency adopted OB Resolution 2013-16 to transfer the housing assets to the
Grand Terrace Housing Authority;,and
WHEREAS, on- January 17, 2014, the Department of Finance approved
OB Resolution 2013-16 to transfer the housing assets to the Grand Terrace Housing
Authority; and
WHEREAS, on March 25, 2014, the Grand Terrace Housing Authority conducted a
public meeting to consider acceptance of the housing assets, and voted to accept said
assets on March 25, 2014.
NOW, THEREFORE, BE .IT RESOLVED that the Grand Terrace Housing Authority
does hereby resolve, determine and find as follows:
Section 1. That.the foregoing recitals are true and correct.
Section 2. The Grand Terrace Housing Authority authorizes the Executive Director of
the.Grand Terrace_Housing Authority to execute the Assignment and Assumption Agreement
attached as Exhibit 1, thereby, assuming all of Agency's interests, rights, and obligations
under, and agrees to be bound by the provisions of the Assignment and Assumption
Agreement.
Section 3. The Grand Terrace Housing Authority grants an extension of the
construction timeline for a period of three (3) years from June 30, 2014.
Resolution No. 2014-11-HA
March 25, 2014 Page 3 of 22
Section 4. The Grand Terrace Housing Authority authorizes the Executive Director to
� execute all documents and to take all actions necessary and required to carry out this
Resolution.
Section 5. The City Clerk.shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the Grand Terrace Housing Authority at a
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regular meeting held on the 25 day of March, 2014.
Walt Stanckiewitz, Chair of the
Grand Terrace Housing Authority
APPROVED AS TO FORM:
Richard L. Adams II
Authority Counsel of the
Grand Terrace Housing Authority
. . .. . . .
Section 4. 'The Grand Terrace .Housing Authority authorizes the :Executive
Director::to execute all :do:cuments and to take: all actions: necessary and requiredto
carry out this Resolution.
Section 5. The City.Clerk shall certifyao:the adoption-of.this Resolution.'
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:. PASSED, APPROVED AND ADOPTED by the Grand:Terrace Housing:Authority at -a
regular meeting a on;the . . ay o arc ... . wc
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Walt Stanckiewitz
Chair:of:the Grand Terrace.:
Housing Authority
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-APPROVED AS TO FORM:.
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Resolution No. 2014-11-HA
March 25, 201.4 Page 4 of 22
ATTEST:
Interim Secretary:
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I; Debora Thomsen, INTERIM CITY .CLERK of the City of Grand Terraces acting as: the
Interim.Secretary to-the Grand.Terrace Housing Authority do hereby certify that the foregoing
Resolution:was introduced and.adopted at :a regular meeting::of the Grand Terrace Housing
.: .. .th .. ... .. ..
Authority held on the 25. day of March, 2014 by the following vote:
AYES: Grand Terrace Housing Authority Member McNaboe; Mitchell,
Robles; and Housing Authority Chair Stanckiewitz.
NOES: ..None.
ABSENT: None:
ABSTAIN: None.
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Interim Secretary
RECORDING REQUESTED BY
�- AND WHEN RECORDED MAIL TO:
Grand Terrace Housing Authority
22795 Barton Rd.
Grand Terrace, CA 92313
Attn: Executive Director
Exempt From Recording Fee Pursuant to Government Code§27383
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ASSIGNMENT AND ASSUMPTION AGREEMENT
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This Assignment and Assumption Agreement ("Agreement"), is made as of u
by and among the Successor Agency for the Grand Terrace Community Redevelopment 2
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Agency, a public body and successor in interest to the Grand Terrace Community
Redevelopment Agency, corporate and politic ("Agency"); the Grand Terrace Housing Authority N
("Authority"); and Habitat for Humanity San Bernardino Area, Inc., a California corporation 0
("Owner").
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WITNESSETH:
A. Owner is the owner of that certain real property located in the City of Grand =
Terrace, County of San Bernardino, State of California described in Exhibit "A" attached hereto °
and made a part hereof(the"Property"). w
_i B. As a condition of sale to Owner, the Grand Terrace Community Redevelopment =
Agency required an Affordability Covenant which is further described in Exhibit"B" ("Covenant"). c
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C. The Purchase and Sale Agreement, attached hereto and incorporated herein by c
this reference as Exhibit "C." between the Owner and the Grand Terrace Community d
Redevelopment Age ibyfor the purchase and sale of the Property requires compliance with the
Covenant. =
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D. Because of the dissolution of redevelopment, the Authority is now the successor
to all of the Grand Terrace Community Redevelopment Agency's interests, obligations, assets, o,
and rights as described in Health & Safety Code section 34176, and now seeks to receive
Agency's interest in the Property, as contained in Exhibits "B" and "C." and Agency seeks to 0
transfer said interest to Authority. _
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E. Agency and its Oversight Board have each approved of the transfer of the E
interests described herein by resolution, and the California Department of Finance has
approved of the Oversight Board's action by resolution transferring the interests described w
herein. Q
F. Authority will assume the rights and obligations of Agency under the documents
in Exhibits "B" and "C." as set forth in this Agreement.
NOW THEREFORE, Agency, Authority and Owner agree as follows:
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Affordable Housing Agreement.DOC
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1. Effective Date. As used in this Agreement, the "Effective Date" shall be the date
of the last date signed below by the Parties.
2. Transfer. As of the Effective Date, and in accordance with the documents in
Exhibits "B" and "C," Agency transfers all of its interests, rights, and obligations under the
documents in Exhibits "B"and "C" to Authority.
3. Assumption by Assignee/Assignee. As of the Effective Date, Authority assumes
all of Agency's interests, rights, and obligations under, and agrees to be bound by, the
documents in Exhibits "B" and "C." Authority shall fully and faithfully perform and discharge, as c
and when performance and discharge are due, all of the obligations of Agency under the •2
documents in Exhibits "B"and "C," and each of them.
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4. Legal Effect. Except as modified by this Agreement, the documents in Exhibits =
"B" and "C" are unchanged and shall remain in full force and effect..
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5. Entire Agreement. This Agreement contains the entire agreement among n
Agency, Authority, and Owner with respect to the subject matter hereof and supersedes all prior 0
agreements, understandings, offers and negotiations, oral or written, with respect thereto. This
Agreement shall bind and inure to the benefit of Agency, Authority, and Owner including all of E
--their-respective personal--representatives, heirs, successors and assigns. This Agreement shall M
be governed and construed in accordance with the laws of the State of California. _
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IN WITNESS WHEREOF, Agency, Authority, and Owner have executed this Agreement .°
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as of the date first hereinabove written. w
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[Signatures on the following page.] 3
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SUCCESSOR AGENCY FOR THE GRAND GRAND TERRACE HOUSING AUTHORITY, a
TERRACE COMMUNITY REDEVELOPMENT public body, corporate and politic
AGENCY, successor in interest:to the.Grand
Terrace Community Redevelopment,Agency
and a public body, corporate and politic
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By._ By: r
Kenneth J: Henderson-, Interim,Executive Kenneth J. Henderson, Interim Executive w
Director
Director c
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APPROVED AS TO,FORM- APPROVED AS TO FORM: w
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By: x
By: - -
Richard Adams:Il,Agency Counsel Riehard.Adems IL, Ay_thonty.:Couns'I
ATTEST: ATTEST:
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.By B
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Inferim:Agency Secretary Intenm,:City Clerk
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HABITAT FOR HUMAiVITY SAN
,,BERNARDINO AREAuEbtTdiiforniar;eorpo�ation
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Dennis Barter, Executive Director
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EXHIBIT "A"
LEGAL DESCRIPTION
COMMENCING AT THE NORTHWEST CORNER OF LOT 36, SECTION 5,
TOWNSHIP 2 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO THE MAP OF LANDS OF EAST RIVERSIDE LAND COMPANY, IN
THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT c
RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY;
THENCE SOUTH ALONG THE WEST LINE OF SAID LOT, 387.5 FEET TO THE TRUE X
POINT OF BEGINNING; THENCE CONTINUING SOUTH 77.5 FEET; THENCE AT w
RIGHT ANGLES EAST AND PARALLEL TO THE NORTH LINE OF SAID LOT 36, 280 s
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FEET; THENCE AT A RIGHT ANGLE NORTH AND PARALLEL WITH THE WEST ;
LINE OF SAID LOT 36, 77.5 FEET; THENCE AT RIGHT ANGLE WEST AND y
PARALLEL TO THE NORTH LINE OF SAID LOT 36, 280 FEET TO THE POINT OF 0
BEGINNING
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U l Attachment: Housing Authority Resolution (Habitat for Humanity Construction Extension) k�1
pecoriefln Offloial Records,County of San Bernardino 710512011
• DENNIS DRAEGER
tir ASSESSOR - RECORDER CLERK
R Regular Mail
WHEN RECORDED MAIL TO: Titles: 1 Pages:
I)oc#: 2011 —0271505
City Clerk Fees 0.0(
City of Grand Terrace Taxes 0.0(
22795 Barton Road Other 0.01
Grand Terrace,CA 92313 SPAO PAID $0.01
A.P.N.: 1167-271-11 (No Recording fee per Sec.6103)
GRANT DEED AND AFFORDABILITY COVENANT
FOR A VALUABLE CONSIDERATION, receipt of which is.hereby acknowledged, the IF
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Community Redevelopment Agency of the City of Grand Terrace, a California Community
Redevelopment Agency("Grantor' X
does.hereby GRANT to Habitat for Humanity San Bernardino Area, Inc.,, a California .0
corporation("Grantee")the real property in the City of Grand Terrace, County of San
Bernardino,State of California, described as:
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See Exhibit"A" attached >1
Grantee-shall construct.two(2)residences on the Property on or before June 30,2014.Failure to
do so shall result in an automatic reversion of the Property to Grantor.
This conveyance and all subsequent conveyances shall be subject to the aCovenaint running with
the land requiring that one(1)residence constructed:on the Property shall be owned and
occupied by persons or families of very low income for-a period.of forty=fiive(4-5)years and one
(1)residence constructed on the Property shall be owned and occupied by persons or families of
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low or very,low income for a period of forty-five(45)years from.the date of the initial
conveyance of the regidence(s), pursuant to the requirements of the C;diforhia Health and Safety 0
Code Section 33413 (b) (2) (c). Breach of this Covenant shall result in an automatic reversion of
the Property to the Grantor.
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DATED: 7— GRAND TERRACE COMMUNITY
REDEVELOPMENT AGENCY
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*ATTEST:
Brenda Mesa, City Clerk Its: Chai,-m-a-An-7
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Walt Stanckiewitz
.State of California
County B'erna-rdino )SS.
City 0 dTe-
On before me, a Mesa, a Notary Public in and for said State,
personally appeared ally known to me to be the person
whose name is subscribed to the within instrument and aciriio�;j he executed the
;���to me that a instrument
-ment
same m-his authorized capacity, and that by his signature on the instrument erson,or the
i+ entity upon behalf of which the pierson acted, executed the instrument.
47 ,
Exhibit"A"
(Legal Description)
COMMENCING AT THE NORTHWEST CORNER OF LOT 36, SECTION 5, TOWNSHIP 2
SOUTH, RANGE 4.WEST, SAN B.,ERNARDINO BASE AND:MERIDIAN.ACCORDING TO
THE MAP OF LANDS OF EAST RIVERSIDE LAND COMPANY; IN THE COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK'6
OF MAPS, PAGE 44,, RECORDS OF SAID COUNTY; THENCE SOUTH ALONG THE
WEST LINE OF SAID LOT, 587.5 FEET TO THE TRUE.POINT OF BEGINNING; THENCE c
CONTINUING SOUTH 77.5 FEET; THENCE AT RIGHT ANGLES EAST AND PARALLEL
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TO THE NORTH LINE OF SAID LOT 36, 280 FEET, THENCE AT A RIGHT ANGLE
NORTH AND PARALLEL WITH THE WEST LINE OF SAID LOT 36, 77.5 FEET;THENCE w
AT RIGHT ANGLE WEST AND PARALLEL TO THE NORTH LINE DF SAID LOT 36, 280 c
FEET TO THE POINT OF BEGINNING.
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CALIFORNIA ALL-PURPOSE .ACKNOWLEDGMENT CmL CODE§1189
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State of California
County of 15--'rnarrAino
On before me, ,'2 C-CrAt K-M e_<yA—, w t}+d
` Date Here Insert'Name and Title of the Officer
personally appeared 00 a,(-I-
Narne(s)of Sigher(s) _
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who proved to me on the basis of satisfactory w
evidence to be the person(gj-whose names}islate- o
subscribed to the within instrument and acknointledged
to me .that he/she##ey executed the same in r
his/heieir authorized capacity(i and that by
- - his/her e(r signature(* on the instrument the v
BRENDA MESA"- persbho, or 'the entity "upon behalf of which the
Commission#1933126 person
acted, executed:the instrument. c
Notary`Public•:Callfariia
Sin Bernardino County, E
.Coln,I iL .28,'2' 5 I certify under PENALTY OF PERJURY under the
laws of the :State of California that the foregoing c
paragraph is"true and correct.
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WITNESS my hand and official seal.
Signature _ o
Place Notary,Seal Above. Signature of Notary'P6blic ++
OPTIONAL
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Though the information below'is not required by law„It may prove valuable:to persons relying on the document N
and could prevent fragdulen?_removal and reattachment of this form to another VOcument.
Description of,Attached Document ,
c Title or Type of Document: 0
(� Document Date: Number-of Pa Os:
s: 3
(i Signer(s)Other Than Named Above: _
Capacity(ies) Claimed by Signer(s) c
i? Signers Name. 3•GL:i ���-P.c ✓>!°�{C -cam Signers Name- 2
( or orate Officer —Titles : .M V ❑Corporate Officer—Title s
fi ❑ Individual ❑Individual
❑ Partner—❑Limited ❑General Top of ihurnb here ❑Partner—❑Limited ❑'General lop of thumb here
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l El Tr"ustbe El Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is-Representing: Si.gnee Is .Representing:
' m2010.National Notary Association•NgGbrialNotary.org.•1=800-US NOTARY'(1.800-876-6827) Item'y.591#
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k_�] Attachment: Housing Authority Resolution (Habitat for Humanity Construction Extension) L��J
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i PURCHASE AND SAL K:AGREEMEN'I'
This Purchase-and Sale..Agreement ("Agreement' , dated this day of May, 2011, is
entered into by and between the: Community Redevelopment Agency of;the City.of Grand
Terrace, 'On.:one hand.('Se11er"), and Habitat for Humanity San o'-::idino Area, Inc., :on the
other.hand("Buyer"). l
RECI'TAIB'
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A. Seller is-the-owner of that lce to n real:property ("Seller's Property") eons�sting:of c
a single lot of vacant land, commonly known as 125.69 Michigan'`Street, Grand, "Terrace, X
CaLforiva, San Beiriardmo County Assessor°sParcel No 1167 271 R.
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B. Subjecf to the•terms and conditions set forth in this Agreement, Seller desires to.
seil.and Buyer desires to purchase of Seller's_Property as described on=Extiihit.A attached'hereto
an part hereof
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C. The;Property is sub}ect-to a.deed restnchon and covenant niiining with the:land; c
wlu'ch.limits the use::and sale of the two res�deuces to be constructed on the Property,:one(1)to:a E
low im very low income yualxfied buyer and:one (1),to awery low mcoine buyer, said coVenarif =
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for a.penod_offorty=five{45)years fiom the,date;of the uutial sale of t>Zeresidence(s). o
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AGREEIO�IENT
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1.1 Sale:and Purchase: Subject to he terms and'conditions set'forth.in this —
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Agreement,:Seller'agrees to sell the Property to Buyer aq uyer agrees to purchase the=:Property
from.Seller.
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I2. Purchase Price :In consideration of the construction of two(2)low and very low r
income residences onthe"?
ro e*lty by Buyer,the total purchase puce for;the Property,"shall he a
one dollar($.100);(the`°Purchase_Pnce"),receipt of:which':is hereby acknowledged`liy the
Seller.
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.13 Condition of Ti le At Closing,iSeller shall convey to Buyer good andmarketable
title ee supple to the Prnperty;subject only to all easements;restrictions,orcovenants of
record wluch;do not interfere with the use of the Property for the purposes, including,without
lunitation,current,non-deluiquent real,Property taxes(the"Permitted-Exceptions''): o
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ARTICLE a
REPRESENY'AT-IONS-A 40 WARRANTIES
HA Representations-and W-Warrandes;ofSeller Tri a and Correct. Seller hereby
represents.and war-rants,to Buyer that the following facts are true and corectvas of"tledate
hereof.
(a) Power and Authority Seller has the'legal power,right and authority..to
enter into this.Agreement and the:instrumen- refe_6 ed herein,and to consummate the
transacttons contemplated hiereby: The'individuals executing"this Agreement-and the instruments
referenced herein on:behalfof the Seller have the legal power,right and actual;author ty to bind
Seller;to the teens and conditk' .',bemof and'tt ereof Furthermore; Seller warrants tl at it has W
good:aiW marketable tiiie to.the Property. c
(l) Regiiisite4Action, All,regtusite acttori has been taken hiy.,&Uer•in
connecfion+With the entering into'of this Agreement,,the instniments refe enced:herein,and the
consummation of the transactions<contemplatedi hereby:. �
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(c): Val,idity; Thus Agreement and all,documents required hereby to be
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executed by Seller..are and shall b.e valid, legally bmding obhgatloris of and erifoiceal le against E
Seller in accordance with their terms subject orilyzto applicable`bankruptcy, insolvency; _
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reorgatuzation,moratonuni or similar laws or egwtalle principles affectuig{or limiting thernghts
of contracting parties generallyf. Neither the execution andYdeJ.—ery of this Agreement and Y
documents referenced herein,nor the consummation of the ti-ansa`ctions contemplated herein;
-- conflict with`or result m the material breach of'any.terms or:provisions of any contract; an, r
o_:ther agreement or Instrument to wtuch Seller is a party or affectin& !1h Property All:;conseaits, o
approvals and;authonzatioiis neeessary;f'or,the>execut�on of this Agreement and;tlie
consummation of the transachon§.contemplated hereui by Seller`have been or wtll be obtained, y
Seller has not>sold,conveyed or entered,into any contract for the sale of all or any portion of the
Property or any rights incident thereto,nor do There exist any rights of first refusal or options to w
purchase the':Property or any rights incident thereto.
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(d) Recitals_ The irifori ai on conCalned'in the:_Recitals is::true and correct: a
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(e) Lawsuits:and Claims T;o Seller's ac"foal knowledge;-W.i ut;any duty of
ingwryor i iveshgation,there are;no pending actions;,lawsiiits,claims<or�udicral,municipal or x°
administrative proceedmgs.;affecting all or any portion of the Property;or in which Sell''er isa
party tiyreason of Seller's_ownersIup ofthe 1'raperty: To'Seller's lmowledge,'there are no
threatened or;eonteir plated.actions, [aw"stets,clauns.or proceedings nor the existence;of any�facts L)
which might give rise to,such actions,lawsuits;claiims or proceedings During the Escrow a
penod,�Sellerwill not_commence�or,defend any action withtrespeci to the_Property except upon
such terms as are mutually:acceptable to Seller'and Buyer:
(f) Condihon:of Property Seller tics not.received notice of;any wiolahon..of
,blg lo he Poprapplica t ry any existing or contempl'ated_plan
to widen or modify any street or.lighway contguous'to the Property,(other than the Giaditg.and=
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i hnpioygments contemplated by this Agreement)or.:any other plan, study<,9r effort of any,
applicable governmental authorities relating•to the Property-.
(g) Taxes and.Assessinents.- Seller has pr"ovided to Buyer all_relevant
information in its possession concerning real property taxes;and any special assessments or
bonds which may be:.l'evied..against the Property as a_result of any-existug public:improvements
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or work,activities or improvements done to the Property by.Seller..
(h) Hazardous-Materials. To Seller's actual knowledge,without any duty of =
inquiry or investigation, all.operations or acti ithes upon,Of- or occupancy off the.Property by
Seller or any current occupant or uger thereof.art" vnth all state, federal and;local
laws and regulations,;goverriing ar in any wayrelatuig to - nerahon,Handling; w
manufacturing,treatment,storage;use,transportation; spillage, leakage, dumping,discharge:or c
disposal(whether accidental or intentional)of any toxrc or hazardous substances,matenals.or
wastes,-including,without lmitation,any hazardous material(as such terms are_commonly
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defined:or employedan;accordance wrth-apphcable federal,
orduiances,riles and regulations). To=the Seller's actual knsotwatledo laawe
hutds
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or investigation,;there';is not present upon the Property,or of any poraOr ,thereof, underground w
storage;tanks,:_any hazardous material or any structures, fixtures,equipment or other objects or
materials containing:any hazardous material:in violation ofany applicable environriiental law; _
(i) Chimes Seller shall promptly_notify Buyeraof any materi?ljilai verse w
change in any condition with respect to-the Toperty or of ar y event or`circumstance which
makes anytrepiesentation of warranty of Seller;under this Agreement untrue or any covenant:of
Buyer under taus Agreement incapable or less likely of bung performed,`it being understood.that =
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bach by:Seller o'f any of its representations;warLarities or covenants under this Agreement
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�) General Representation. No representation,wananty or statement of
Sellerin tlus.Agreement;:or;m any:document,,certificate of schedule prepared by Seller and tg;be' w
furnished tq$uyer:pursuant to the teens;of this Agreement eontauis any untrue statement of
iiiaterial fact_
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Except for therepresentations and warrantees explicitly'set forth above;:Buyer hereby =_
releases Seller,Seller's affiliates,officers diraciors;_:parrziers,employees;1and agents,Yand_their =
iespectve hens,successors,personal;representatives:and assigns,from and against any and all. _
claims which Buyer may have and which arise out of or are many way connected with flits
Agreement and the Property, including,without limitation,every physical and environmental
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.condition of the Property,. BUYER EXPRESSLY WAIVES ITS RIGHTS GRANTED UNDER �
CALIFORNIACML CODE SECTION I542:AND UNDER ANY PROVISION OF LAW a
THAT`PROVIDES;A GENERAL RELEASEDOES NOT EXTEND TO CLAIMS THAT
BUYBRDOES NOT'KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT TIiE'TIME QF
EXECUTING THE`RELEASE,. ,,-,WHICH IF KNOWN BY I'T MUST HAVE MATERIALLY
AFFECTED ITS AGREEMENT`TO RELEASE SELLER BUYER HEREBY AGREES.
REPRESENTS AND WARRANTS THAT BUYERREALIZES AND ACKNMWLEDGES'
T'HAT-FAC.TUAL,Iv1ATTERS IJOW iJNICNORTN TO BUYER 1VIAY HAVE:CrIVEN OR
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MAY`HEREAFTER GIVE RISE TO CLAIIv1S WHICH ARE PRESENTLY UNIN W—N,
--Packet�Pg 53
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UNANTICIPATED AND,VNWSPECTED,AND BUYER FURTHER AGREES,
REPRESENTS AND WARRANT S THAT THE WAIVERS AND;RELEASES:HEREIN BAVEE
BEEN NEGOTIATED AND AGREED-UPONIN LIGHT OF THAT REALIZATION. AND`
THAT.BUYER NEVERTHELESS HEREBY IlVTENDS TO'RELEASE,.DISCHARGE AND.
ACQUIT SELLER FROM ANYSUCH`UNKNOWN CLAIMS,AND THAT SUCH`WAIVIrRS
AND.RELEASES FORM,A MATERIAL PORTION_OF THE CONSIDERATION GIVEN I-0
SELLER BY BUYER IN EXCFIANGE FOR SELLER'S"PERFORMANCE UNDER"THIS
AGREEII�ENT BU-YER HAS CONSJLTED`WITH LEGAL COUNSEL CONCER1tING THE
EFFECTS OF THIS WARIER AND'RELEASE ON BUYER'S RIGHTS AN-D REMEDIES c
RELATED TO THE PROPERTY. w
Initials: Buye Seller:' x
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2.2 Representations of'Buyer: Buyer is validly e'xistmgas a California Corporation
and bas performed all acts and obtained all approvals and consents, m each case as';
necessary to.offer to purchase and to purchase the Property Buyer has the fullauthority w
and-power. &comply witl'a11 of its:obligations set forth in This Agreement_:
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2.3. Agreementto Construct=and S ell Residences BBuyer agrees to constructtwo
residences on ahe Eroperty on or Before June 30,2014 and sell one(1)to a qualified very low. w
income"buye fu tyvlawory eran
(45)year affordability covenant.,Failure to construct thefresdences on or before June 30,20 T°4 is-
a material breach gf.this Agreement and=shallresult;in a reversion jofkthe;Propety to fire Seller.. _
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2 4 Preferencet"o Grand'Y ercace Residents In selecting;the buyers of the two(2)
residences fohowing;complehon of construction,Buyer shall givepreference to qualified buyers y
who.are:residents of=the-:City of•.Grand.Terrace:, �
ARTICZE'IIh
COVENANTS OFSELLEI�AND BUYER w
a
IRA License to Enter ;Seller hereby agrees that Buyer and/or its agents, �
representatives,contractors and subcontractorstmay,conduct its own reasonable engineering
studies;:environmerital assessment,soil andtconpachan tests and other tests and studies the _
Property provided that()such activities do not impairithe drainage of the Property, and w
(ii)Buyer shall be responsible for:any damagecaused thereby to the Property :Buyer,shall:be
responsible for any liability,cost,:claun,damage or p ury caused by such entry'and shall keep
the Property free of any and all liens ansing therefrom Buyer shall indemnify and hold Seller: a
barinless and defend.Seller_from and against such liability,loss,judgment,cost;claun damage
or injury,including,lut not lumted to attorneys' feesand costs,ansmg out of or in connection
with miry or;testmg on tte,Propety by Buyer`or its,agents,rrepresentatpves,contractors or
:subconraetors.
4.:-.
ARTICLE'IV
N HSCELLANF- PROVISION
IVA Incorporation.ofExhibits: All exhibits attached hereto:and referred:to herein are
incorporated in this.Agreemenf•as`though fully set forth herein
IV2 Attorneys'.Fees. In any legal proceeding betweenlBuyer and Seller 5eelung
enforcement of or attempting ow any of the terms and provisions o this Agreement,of
in connection With-any,of'the property clescrii ed herein, including;,-unthout limitation,
insolvency,bankruptcy, ar6itrahon,declaratory relief or other litigation,the prevailing party' y
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suchaehon shall lie-awardedan additt'on,to damages;mlunctive orother:relief, its reasonableCD
eosts and expenses,includig,wthout;limitatgn,service of;process, filing fees;court';and court. w
reporte costs;rovestigation costs;expert witness fees:and the cost of any bonds;and reasons_b1e attorneys' fee: 22
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IV.3 Notices All notices required or permitted by this Agreement shall be in writing
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and may be delivered in:person(1%y hand delivery or professional=messenger�servwO to either
party oi•may`:i a sent by registered or certified mail, with postage prepaid_return receipf r
osa; em E anyueore M sreqsd b @
other'.couner'serviee,,guaranteeing overnight delivery;charges prepaid, addressed.as follows: ;
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If to.=Buyer;at 0
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;'Habitat for Humanity San Bernardino Area, Inc_;
= Post Offid!ox 1 S-50. _
Redlands,California 92373 _
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Grand Terrace Community Redevelopment-Agency
'22795:Barton Road- '`
:Grand-Terrace,CA 92324. 3
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With."a Copy
Jolq:R.Harper
Harper&Bums.LLP
453 S ,Glassell.Street
:Orange,California-92866 w
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Any such notice writ by registered or certified mail,:return:receipt requested,shall be
deemed to Have been dulyagiveri and received seventy two(72)hours after the sameris so
addressed and mailed in Los Angeles, Orange; San Bernardino or Riversde_,CounUes with
postage prepaid Notices delivered by overnight service shall be deemed}to have been given
twenty=four(24)hours`aiter delivery of the„wine,charges prepaid;to the'U S..:Postal Service-.oi
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`_=Packet Pg 55.Y,
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private courier. Any notice or other documentsent_try any other manner--s- be effeetive.only
upon actual receipt.thereof. Any pa --nay change its addressRfor;purpos``es'of:ims Section by
giving notice to-the.other party and.to Escrow Holder:all ere-"'�` provided.:
IV- .-4 Successors and Assigns. This Agreement shall be:binding upon:and shall_inure:to
the benefit of each of the.parties hereto and.their respective';successors and gerrriitted;assigns.
IV.5 Relationship of Parties: The.relationship of the parties to this Agreement:shall be
solely that of Buyer and Seller, and nothing herein'contande`d shallIii construed,otherwise. _
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Wk Governing Law. This Agreeirieiushall be governed by,uiterpreted under-,and
construed.and".enforced in:accordance-with theintemal laws of the":State of California W
W3 Entire Aareement. Amendment, Taus Agreement contains all of the agreements
ofthe:parfies,hereto uvrtli tespect:to'the matters:contained herein and no pnor or
contemporaneous agTeementorunder;4anding;;ora1 of wntten,pertainingto any such matters n
shall be effective foran u se: No `royisigp of this-A cement ma he modifi waived', c
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amended or added to except�f tn<wnting and signed L. the party a�a3nst'whicti the enforcer Brit w
of such, dification;waiver,amendment or adition`is or may be'sough m
`KS Pronouns. All pronouns and any vanations thereof shall be deemed toTefer to the =
masculine,fenuninenor neuter,sngular:or plural,as the ideritrty of;the parties may require: ,o
i IV:9 Headians, The lieadin s.ofthi§A cement are for ses of reference.onl and
g. 1r . Pam , y :
shall-r otamit or define"the meaning ofahe provisions of this Agreement'
N 1-0Severability. If any paragraph,section, sentence,,clause or phrase contained in .2
ttus Agreginent.shall.beeome illegal null, or void,against public policy,or otherwise c
unenforceable, for any reason,or sh .' held by any,court of eompetentjunsdictf to be
illegal�'null or void;against public poLcy,or otherwise unenforceable,the remaininggaragraphs; w
sections,sentences,,clauses or:plirases_contauied IA -
Agreement shall=not be:affected thereby. o
av 14 Waiver The waiver'of any breach of any prov►sion hereunder by Buyer or Seller Q
shall not be:deemed`to be a waiver of"any preceding or subsequent breach hereunder: 1Vo failure
or delay of any party 1 the.exercise of any right given hereunder shall constitute"&waiver
thereof:nor shall any'partial exercise of_any right preclude further exercise thereof
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IV -1. Further Assurances Seller and::Buyer:each agree to do such further acts and
things and to"execute and deliver such additronal agreements and rnstruments-as the other-n0ay
reasonably require forconsuminate,evidence or confirm the sale or=any,other agreement w
contained herein m;the manner contemplated-hereby a
N 13. Counterparts This Agreement.tray be executed in;any number of counterparts;
eackof wh ch.shall lie:an=ongtnal:but;all of which shall constrtute one,aacl the same nstrurrient.
IV_l4 Tune lofE`ssence: Tune is.oftt a essence ihIIWs Agreement a�to-all dates=and
tirne.penods set forth herein.
Packet,:Pg:56
IV.15 Recitals. The provisions of the-.recitals of this Agreement shall constitute
operativeland enfofceable.provisions of.Us Agreement.
[Remainder of page intentionally left blank—.stgrratzire page_follows]
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IN WITNESS WHEREOF,this Agreement has been executed by,the-parties on-the,dates
set forth under their respective signatures.below,noi*--.-Itand�ng that this Agreement is dated
for conivenience`and reference as of the.date and yea first wsmen above:
BUYER: SEILEItr
HABITAT FOR HUMANITY SAN GRAND TERRACE COMIviUNITY
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BERNARD.INO AREA, INC. REDEVELOPMENT AGENCY
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Dated._. 20.11
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B,A.a
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Exlibif"A"
(Legal Description)
COMMENCING AT THE NORTHWEST CORNER OF LOT 3b SEC`TiON`5, TOWNSHIP 2
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SOUTH, RANGE 4 WEST, SAN'BERNARDINO BASE AND MERIDIAN, ACCORDING TO
THE MAP OF LANDS OF EAST RIVERSIDE LAND COMPANY, IN TIIE COUNTY 'OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN-BOOK 6
OF MAPS,. PAGE 44; RECORDS OF SAID COUNTY, THENCE SOUTH ALONG THE
WEST LINE OF SAID LOT, 387.5 FEET TO'THE TRIJE;POINT OF BEGINNING;THENCE o
CONTINUING SOUTH 77.5 FEET, THENCE AT RIGHT`ANGLES EAST ;AND PARALLEL
TO THE .NORTH LINE.,OF SAID LOT 36;: 280 FEET; THENCE AT A.'RIGHT ANGLE a
NORTH AND.PARALLEL WITH THE:WEST LINE OF SAID LOT 36; 77'S FEET, THENCE w
AT RIGHT ANGLE WEST AND:PARALLEL TO THE NOR'I'H'LINE OF SAID LO'T 36 280 c
FEET'TO TI IE I'ORNT OF BEGINNING.
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