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HomeMy WebLinkAboutRes HA-57 - Sale of Properties - Falcon Crest CITY OF PALM DESERT /PALM DESERT HOUSING AUTHORITY JOINT CONSIDERATION STAFF REPORT REQUEST: REQUEST FOR APPROVAL OF THE PROPOSED SALE OF THE PROPERTIES LOCATED AT 74642 KING FISHER CIRCLE (APN 624- �t40-017) AND 4�197 VERDIN LANE (APN 624-431-020), PALM DESERT (PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c)). SUBMITTED BY: Jessica Gonzales, Management Analyst- Housing DATE: June 27, 2013 CONTENTS: Housing Authority Resolution No. HA- 5� Notice of Public Hearing dated June 11, 2013 Draft Purchase and Sale Agreement Recommendation That the Authority Board, 1. Conduct a public hearing and accept testimony on the proposed sale of the properties located at 74642 King Fisher Circle (APN 624-440-017) and 42197 Verdin Lane (APN 624-431-020) (Falcon Crest Plan 4), to qualified households of low or moderate income; and 2. Following public testimony, close the public hearing, and request that the Authority Board waive further reading and adopt Resolution No. HA- 57 approving the sale of the properties pursuant to the attached draft Purchase and Sale Agreement at the fair market value of$225,000.00 each. By Minute Motion, that the City Council and Authority Board, 3. Approve silent homebuyer assistance loans in amounts that do not exceed $80,000 in total for each homebuyer to ensure an affordable housing cost for a qualified low or moderate income household from any available funding source restricted for such purpose (BEGIN, Housing Mitigation, Agency/Housing Authority program income); and 4. Authorize the payment of the transaction costs from the sale proceeds for the purpose of repairs required for closing, fees customary to real estate transactions in Riverside County including escrow, title, FHA fees, inspections, vermin eradication, commissions and disclosures; and 5. Authorize the use of the Falcon Crest sales program and documents including the restrictive covenant and loan documents for the applicable funding source, in their substantial form; and 6. Authorize the Mayor, Authority's Chairman and/or Authority's Executive Director or his designee to finalize and execute the Purchase and Sale Agreements and any Staff Report Public Hearing (APN 624-440-017) and (APN 624431-020) June 27, 2013 Page2of3 ancillary documents necessary to effectuate the sales and actions taken herewith. Backqround On November 6, 2006, the City of Palm Desert ("City") and the former Palm Desert Redevelopment Agency ("Agency") approved the initial sale of ninety-three (93) three and four bedroom single-family homes located in the Falcon Crest Development ("Falcon CresY') to househalds of low and mad�rate incom�. Based on the previously approved restrictive covenant, when an owner decides to sell, staff attempts to coordinate a direct sale from the owner to a new purchaser from a waitlist, however, during 2010 and 2011 there were no eligible households on the waitlist for Falcon Crest. Because of this, the Agency purchased most of the houses that became available for sale in order to preserve the affordability covenant and the Agency's additional investments in the home. With the Governor's enactment of ABX1 26 and AB 1484 redevelopment agencies were effectively eliminated on February 1, 2012. The legislation prohibited agencies from entering into any new agreements, contracts, debts, loans, etc. which included the Agency's ability to purchase any additional properties or to sell any of the homes that were acquired. On February 9, 2012, the City adopted Resolution No. 2012-07 designating the Palm Desert Housing Authority ("Housing Authority") as the successor housing entity for all housing activities formerly completed by both the Agency and Housing Authority. On October 11, 2012, the Housing Authority Board accepted the housing functions and assets transferred pursuant to Resolution No. HA-47. The Housing Authority is proposing to sell two (2) Falcon Crest Plan 4 single-family residences located at 74642 King Fisher Circle (APN 624-440-017) and 42197 Verdin Lane (APN 624-431- 020) in the Falcon Crest Development (the "Property") to qualified low or moderate income households. Health and Safety Code Section 33433(c) provides that the requirements of subdivisions (a) and (b)will not apply to the sale of a small housing project if the City Council adopts a resolution that authorizes the sale of small housing projects pursuant to Section 33433(c). Pursuant to its Resolution No. 03-34, adopted on April 10, 2003, the City Council authorized the Agency to sell small housing projects pursuant to Section 33433(c). On March 14, 2013, the City Council adopted Resolution No. 2013-11 authorizing the Authority to sell small housing projects pursuant to Health and Safety Code Section 33433(c) as the successor to the former Agency's housing functions and assets. The properties meet the definition of a small housing project in that the Housing Authority will only sell the properties to qualified households (including persons or families) of low or moderate incomes. Section 33433(c) requires that a public hearing be held on the proposed sale pursuant to Health and Safety Code Section 33431. Pursuant to Section 33431, notice of a public hearing on the proposed sale of the properties was published once a week for two successive weeks in the Desert Sun. When a qualified buyer is identified for each of the homes, the draft Purchase and Sale Agreement("Agreement")will be modified based on the terms of the sale agreed upon. G:WOUSINGUessrca GonzaleslPROGRAMSIAGENCY FORSALEIPUBLIC HEARINGSIHA-Ciry 33433(c)Public Flearing FC Lots 40 8 67 Mtg of 6-27-13.doc Staff Report Public Hearing (APN 624-440-017) and (APN 624-431-020) June 27, 2013 Page 3 of 3 In addition, and in order to ensure an affordable housing cost, the Housing Authority and City will need to provide deferred down-payment assistance loans. The loan terms will be consistent with the City's BEGIN Loan Program and the Falcon Crest Sales Program. The actual amount and funding source of the Housing Authority and/or City assistance loans will vary for each transaction and will depend on the qualifying income and buyer criteria. The combined loans will not exceed $8Q,OOQ per household which is the same amount af the original sales program. Staff recommends that (i) the Housing Authority Board, hold a public hearing on the proposed sale of the properties and approve the sale of the properties to qualified households pursuant to the terms of the Purchase and Sale Agreement presented to the Housing Authority at this meeting and (ii) that both the City Council and Authority Board approve silent homebuyer assistance loans for each home not to exceed $80,000 per household to ensure an affordable housing cost from any available funding source restricted for such purpose. Fiscal Analvsis The fiscal impact will be the cost differential from the former Agency's cost of each of the properties to the newly negotiated sales price, the costs of the transaction, and the amount of the assistance loans from the various sources. Each sale will reduce the monthly costs associated with maintaining the inventory. Submitted by: Department Head: � Jessica zales, Manag me Analyst- Housing Ja et M. oore, Director of Housing CITY CO A�iTON APPROVED DEN?ED ... Finance Department: RE�EIYE _ ...,..OTHER� ' '��.. MEET G DA AYES: ' /7?! P u Gibson, Director of Finance NoEs: ABSENT: � ABSTAIN: Approval: VERIFIED BY: Original on File wit8 Cjty rk"a Oflih J hln M. Wohlmuth, City Manager/Executive Director "�-�BY HC�USC AUT!-!! ��`� oN__��o�/o�G� _ � VERIFI�D BY: �ri�inal on file with �ity lerk's Oif�Q G:WOUSING1Jessica GonulesWROGRAMSIAGENCY FOR-SALEIPUBLIC HEARINGSIHA-Ciry 33433(c�Public Flearing FC Lofs 40&67 M�q ot 6-27-13.doc RESOLUTION NO. HA- 57 A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY APPROVING A RESIDENTIAL PURCHASE AND SALE AGREEMENT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c) THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. On April 13, 2006 the City of Palm Desert ("City") and the former Palm Desert Redevelopment Agency("Agency")approved the Falcon Crest Sales Program and jointly held a public hearing on November 6, 2006, approving the initial sale of the 93 single-family homes located in the Falcon Crest Development("Falcon Crest")in the City of Palm Desert to qualifying households of low or moderate income pursuant to Resolution No. 535 and 06-145. Section 2. Pursuant to Health and Safety Code Section 34175(b), on February 1, 2012, all assets, properties, contracts, leases, books and records, buildings, and equipment of the Agency transferred to the control of the Successor Agency to the Palm Desert Redevelopment Agency (the "Successor Agency") by operation of law including housing assets. Section 3. Pursuant to Health and Safety Code Section 34176(b), on February 9, 2012, the City adopted Resolution No. 2012-07 designating the Palm Desert Housing Authority(the"Housing Authority")as the successor housing entity for all housing activities formerly completed by both the Agency and the Housing Authority. Section 4. On October 11, 2012, the Housing Authority Board accepted the housing functions and assets transferred pursuant to Resolution No. HA-47. Section 5. The Housing Authority owns two single-family residential properties located at 74642 King Fisher Circle and 42197 Verdin Lane in the City of Palm Desert, California(the"Properties"). The Housing Authority proposes to sell each of the Properties to two qualifying households of low or moderate income pursuant to the draft purchase and sale agreement(the "AgreemenY')and the Falcon Crest Sales Program, presented to the Housing Authority at this meeting and now on file in the offices of the Housing Authority Secretary and City Clerk of the City of Palm Desert. Section 6. Resolution No. 03-34 of the City Council authorized the Agency to sell or lease a "small housing project" as that term is defined in Health and Safety Code Section 33013, pursuant to Health and Safety Code Section 33433(c). Section 7. By its Resolution No. 2013-11, the City Council confirmed that the authorization for the former Agency to sell small housing projects pursuant to Health and Safety Code Section 33433(c)transferred to the Housing Authority as the successor to the former Agency's housing functions and assets. -1- 12812-0DOl\1528710V2.dOC GWOUSIN(ihseica Gavale&PROGRAM94GENCY FOFiSALE1PUBLIC HEARING9IA Resol�yprainp aale of small Musinp proje�i FC Lds 40 8 67 A11g otH!-13.doc RESOLUTION NO. HA- 5� Section 8. Following notice duly given,the Housing Authority has held a full and fair public hearing on the sale by the Housing Authority of the Property pursuant to Health and Safety Code Section 33431. The Housing Authority has made available to the public through the office of the City Clerk a copy of the Agreement prior to the public hearing. Section 9. The Housing Authority hereby finds and determines that the Properties qualify as a "small housing project" as that term is defined in Health and Safety Code 33013. Section 10. The City and the Housing Authority hereby approves the Agreement and the Housing Authority Executive Director ("Executive Director") is hereby authorized and directed, for and in the name and on behalf of the Housing Authority, to finalize, execute and deliver the Agreement in substantially the form on file with the Housing Authority Secretary and the City Clerk and presented at this meeting, with such additions thereto or changes or insertions therein as may be approved by the Executive Director (such approval to be conclusively evidenced by such execution and delivery). Section 11. The officers of #he Housing Authority are hereby authorized and directed,jointly and severally,to execute and deliver any and all necessary documents and instruments and to do all things which they may deem necessary or proper in order to effectuate the purposes of this Resolution and the transaction contemplated hereby; and any such actions previously taken by such officers are hereby ratified, confirmed and approved. PASSED, APPROVED AND ADOPTED this 27TH day of JUNE 2013 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C HARNIK, CHAIRMAN ATTEST: RACHELLE D. KLASSEN, SECRETARY PALM DESERT HOUSING AUTHORITY -2- 12812-0001\1528710YL.doc GW W SINCiJ�sira GavaledPROGRAM9AGENCY FORSALEWUBLIC HEAPoNG9iA Reso Appwvg sele d amall Musinp praje�A FC Lda 40 8 67 Mtg a48/-73.doc NOTICE OF A PUBLIC HEARING �F THE CITY OF PA�M DESERT AND THE PALM DESERT HOUSING AUTHORITY REGARDING THE PROPOSED APPROVAL OF A RESIDENTIAL PURCHASE AND SALE AGREEMENT NOTICE IS HEREBY GIVEN that the Paim Desert Housing Authority (the "Authority") will hold a Public Hearing to consider the approval of the DRAFT Residential Purchase and Sale Agreement (the "Purchase and Sale AgreemenY') by and between the Authority, as seiler, and a person or family of low or moderate income, as buyer. The DRAFT Purchase and Sale Agreement will be utilized for each of the two (2) single-family residences owned by the Authority located at 74642 King Fisher Circle and 42197 Verdin Lane, Palm Desert, CA 92260. A copy of the Purchase and Sale Agreement is available for public inspection and copying at a cost not to exceed fhe cost of duplication, at the Office of the City Clerk, 73-510 Fred Waring Drive, Palm Desert, California 92260. Said Public Hearing will be held as follows: DATE: Thursday, June 27, 2013 TIME: 4:00 P.M. PLACE: City of Palm Desert City Hall Council Chambers 73-510 Fred Waring Drive Palm Desert, Califomia 92260 All interested persons wishing to be heard on the matter may be present and be heard. Any written communications should be addressed to the Authority Secretary, 73-510 Fred Waring Drive, Palm Desert, Califomia 92260. Dated: June 11, 2013 RA EL D. KLASSEIV, ECRETARY PALM DESERT HOUSING AUTHORITY G:\CityClrktGlala SancheriLEGAI NOTICESIPH 082T13-FC Lds 40 and 67.doe CALIF�RNIA DRAFT � C A L I F O R N 1 A RESIDENTIAL PURCHASE AGREEMENT � A S S O C I A T I O N AND JOINT ESCROW INSTRUCTIONS _� O F R E A L T O li 5� For Use With Single Famtly Residential Properly—Atffiched or Detached (C.A.R.Form RPA-CA,Revfsed 4N0) Date 1. OFFER: A. THIS IS AN OFFER FROM A qua/fied buyer of low w moderate income ("Buyer"). B. THE REAL PROPERTY TO BE ACQUIRED is described as 74842 King Fisher Cirde and 42l97 Verdin Lane ,Assessor's Parcel No. �624�40.0�TorAPNs2s�3�-Q20 ,situated in Patm Desert ,Countyof Rtverside ,California,("Property"). C. THE PURCHASE PRICE offered is nroydn�r.e�w«�y��r.rnow.ranow� (Dollars$ 225,OOU.fJO ). D. CLQSE OF ESCROW shall occur on ��a'4O°"'F'n"�"Q° (date)tor��Days After Acceptanae). 2. AGENCY: A. DISCLOSURE: Buyer and Seller each acknowledge prior receipt of a "Disclosure Regarding Reai Estate Agency Relationships" (C.A.R.Fortn AD). B. POTENTIALLY COMPETING BUYERS AND SELLERS: Buyer and 5elier each acknowiedge receipt of a disciosure of the possibility of multiple representation by the Broker representing that principal. This disclosure may be part of a listing agreement, buyer representation agreement or separate document (C.A.R. Form DA). Buyer understands that Broker represen6ng Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Broker representing Seller may also represent other sellers wfth competing properties of interest to this Buyer. C. CONFIRMATION:The following agenc�rar��i�shi���01JS!/�g AumO�this transaction: Listing Agent (Print Firm Name)is the agent of(check one): []the Seller exciusively;or�both the Buyer and Seller. Seiling Agent (Print Firm Name)(if not the same as the Listing Agent)is the agent of(check one}:Q the Buyer exclusively;or �the Selier exclusively;or Q both the Buyer and Selier. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. 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 . ... ...... ... .. .... ... ... . ............... . .. .. .... .$ �D (1) Buyer shall deliver deposit directly to Escrow Holder by personal check, [']electronic funds transfer,� Other within 3 business days after acceptance(or�Other ); OR(2�(If checked)�Buyer has given the deposit by personal check(or � ) to the agent submitting the offer(or to� ), made payable to .The deposit shall be held uncashed until Acceptance and then deposited with Escrow Holder(or �into Broker's trust account) within 3 business days after Acceptance(or Q Other ). B. INCREASED DEPOSIT:Buyer shall deposit with Escrow Holder an increased deposit in the amount of . . . . . . . . .. . $ within Days After Acceptance,or� If a liquidated damages clause is incorporated into this Agreement, Buyer and Seller shail sign a separate liquidated damages clause(C.A.R.Form RID)for any increased deposit at the time it is deposited. C. LOAN(3): TBD (1) FIRST LOAN:in the amountof..... . .............. . . ........... ......... ... .............. .. . ...$ This loan will be conventional financing or, if checked, � FHA,Q VA, ❑Seller (C.A.R. Form SFA), �assumed financing(C.A.R.Form PAA), �Other This loan shall be at a fixed rate not to exceed °�or,�an adjustable rate loan with initial rate not to excced %. Regardless of the type of Ioan,Buyer shall pay points not to exceed %of the loan amount. 12) �SECOND IOAN:in the amount of................. ..... ........ ... ............. ..............$ TBD This loan will be conventionai fina�cing or,if checked, �Seller(C.A.R. Form SFA), �assumed financing (C.A.R.Form PAA), �Other S@e 3.D .This loan shall be at a fixed rate not to exceed %or,Q 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. (3) FHANA:For any FHA or VA loan specified above,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 repair. Selier has no obligation to pay for repairs or satisfy lender requirements unless otherwise agreed in writing. D. ADDITIONAL FINANCING TERMS: Paim Desert Housing Authority and City of Pa/m Desert may down payment assistance,provi Yer pua s. E. BALANCE OF PURCHASE PRICE OR DOWN PAYMENT:in the amount of.. .. . .. ... . .. ........ . . ... ... .. .$ �D to be deposited with Escrow Holder within sufficient fime to close escraw. F. PURCHASE PRICE(TOTAL): ... . ... ... ... ......... .. .......... .... .... .. .......... 225,000.00 . ... . .. ........ $ Buyer's Initials(__�,){ ) SeUers Uitiais( )( ) � � The oopyrigM lavrs d the Undetl Stetes(Title 17 U.S.Code)fa�bid the unauihorized reproductan of tliis fortn,or any portion thereof.by photocopy machine a any other means.i�k�ding facsimile a computerized formata. EawtxasMC CopyrigM�1991-2010,CALIFORNIA ASSOCIAT�ON OF REALTORS�,INC.ALL RIGHTS RESERVEO. arroaTuwry RPA-CA REVISED M10(PAGE 1 OF 8) Reviewed by Date CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT(RPA-CA PAGE 1 OF 8) Agent: Phone: Fax: Broker: DRAFT Property Address: 74642 King F/sher Cfrcle or 4219T Yerdln Lane Date: G. VERIFICATION OF DOWN PAYMENT ANQ CLOSING CQSTS: Buyer(or Buyer's lender or loan broker pursuant to 3H(�))shall,within 7(or � ) Days After Acceptance, Deliver to Seller written verification of Buyer's down payment and cbsing costs. (If checked,� verification attached.) H. LOAN TERM8: �1) LOAN APPLICATIONS:Within 7{or� ) Days After Aoceptaru:e, Buyer shal� Deliver to Seiler a letter from lender or ban broker stating thai,based on a review of Buyer's writien application and credit report,Buyer is prequalified or preapproved for any NEW loan specified in 3C above.(If checked,�letter attached.) �2) LOAN CONTINGENCY: Buyer shail act diligently and in good faith to obtain the designated loan(s). Obtaining the loan(s)specilied above is a conNngertcy of this Agreement unless othervuise agreed in wrking.Buyer's cor�tractual obligations to obtain and provide deposit,balance of down payment and closing costs are not continyencies of this Agreement. (3) LOAN CONTINGENCY RENIOVAL: p) 1lt�thin 17 jor� )DAys ARer Ar�ce�ance,Buyer sfiall,as specified in p�ragraph i4,in writing remave the loan co�ti�gency or cancel this Agreement; OR(ily (if checked) ❑the loan contingency shali remain in effect until the designated loans are funded. {4) �NO LOAN GONTINGENCY(If checked):Obtaining any loan specified above is NOT a contingency of this Agreerr�nt. If Buyer does not obtain the loan and as a resuft Buyer does not purchase the P�operty,Seller may be entitled to Buyer's deposit or other legal remedies. 1. APPRAISAL CONTINGENCY AND REMOVAL:Tfiis Agreement is(or,if checked,Q is NO't)contingent upon a wntten appraisal of the Property by a licensed or certified appraiser at no less than the specified purchase price. If there is a loan coMingency, 8uyer's removal of the loan contingency shaU be deemed removal of this appraisal contingency (or, � if checked,Buyer shall,as specified in paragraph 14B(3),in writing remove the appraisal aontingency or cancel this Agreement within 17(or )Days After Accepiance).If there is no loan contingency, Buyer shall,as specified in paragraph 14B(3),in writing remove the appraisal contingency or cancel this Agreement within 17(or ) Days ARer Acceptance. J. �ALL CASH OFFER(If checked):Buyer shall,within 7(or� ) Days After Acceptance, Deliver to Seller written verification of sufficierrt funds to close this transaction.(If checked, �verifiption attached.) K. BUYER 3TATED FINANCtNG: Seller has relied on Buyers representation of the type of financing specified (including but not limited to, as applicable,amount of down payment,contingent or non contingent loan,or afl cash).If Buyer seeks altemate financing,(i)5eller has no obligation to cooperate with Buyer's efforts to obtain such financing, and (ii) Buyer shall also pursue the fmancing method specified in this AgreemeM. Buyer's failure to secure altemate financing does not excuse Buyer from the obtigation to purchase khe Properiy and close escxow as spectified in this Agreement. 4. ALLOCATION OF CO3T3(If checked):Unless otherwise specified in writing,thls paragraph only determines who is to pay for the inspection,test or service("Report")rr�ntioned;it does not determine who ls to pay for any work recommended or identified in the Repo�t. A. INSPECTIONS AND REPORTS: (7� 0 Buyer�Seller shall pay for an inspection and report for wood destroying pests and organisms ("Wood Pest Report") prepared by SeNe�s ChoiCe a registered structural pest control company. (2) Q Buyer Q Seller shall pay to have septic or private sewage disposal systems pumped and inspected (3) �Buyer�Seller shall pay to have domestic wells tested for water potability and productivity (4) 0 Buyer�Seller shall pay for a natural hazard zone discbsure report prepared by Fj1'StA/17@t7Cil'1 Ol' ll! af (6) �Buyer�Seller shall pay for the following inspection or report Home IrtBDection Revort (6) ❑Buyer Q Seller shall pay for the following inspection or report B. GOVERNMENT REQUIREMENTS AND RETROFIT: (1) �Buyer�Seller shall pay for smoke detector i�stallation and/or water heater bracing,if required by Law. Prior to Close Of Escrow, Seller shall provide Buyer written statement(s)of compliance in accordance with state and local Law,unless exempt. (2) �Buyer�5eller shall pay the cost of compliance wdh any other minimum mandatory government retrofit standards, inspeckions and reports if required as a condition of closing escrow under any Law. C. ESCROW AND TITLE: (7) �Buyer�Seller shall pay escrow fee Each to naY hia/her own Escrow Holder shall be Foresite ESC/oW (2) �Buyer�Seller shall pay for owners title insurance policy speafied in paragraph 12E owner's title policy to be issued by First American Titile (Buyer shall pay for any title insurance policy insuring Buyer's lender,unless othervvise agreed in writing.) D. OTHER COST8: �1) �Buyer�Seller shall pay County transfer tax or fee {2) �Buyer�Seller shall pay City transfer tax or fee �3) �Buyer�Seller shall pay Homeowner's Association("HOA"j trensfer tee (4) �Buyer 0 Selier shall pay HOA document preparation fees Re/ated ees (6)�Buyer Q Seller shall pay for any private transfer fee (6} 0 Buyer Q Seller shall pay the cost,not to exceed$ 350.00 ,of a one-year home warrarrty plan, issued by American Hvme Shield ,with the folbwing optional coverages: �Air Conditioner Q PoollSpa�Code and Permit upgrade �Other: AAAlfattCes Buyer is intormed that home warranty plans have many optional coverages in addition to those li�ted above. Buyer is advised to imestigate these cflverages to determine those that may be sudable for Buyer. (7) [�Buyer�Seller shall pay for �8) Q Buyer Q Seller shall pay for Buyers Initials( )( ) Seller's Initials( j( ) � Copynght O 1997-2010,CA1lF6RNIA ASSOCIATION OF RERLTORSO,INC. � RPA-GA REVISED 4/10 jPACiE 2 OF 8j Reviswed by Date ��� CA�IFORNIA RESIDENTIAL PURCFIASE AGREEMENT�RPA-CA PAGE 2 OF 8) 74642 Kin F)sher Circie or 42197 Verdfn tane DRA FT Property Address: 9 Date: 6. CL031NG AND POSSESSiON: A Buyer intends(or�dces not inta�d)to occupy the Property as Buyers primary residence. B. Se1Mer�occupfed or vac�ant property:Possession shall be delivered to Buyer at 5 PM or(� �AM�PM),on the date of Close Of Escrow; ❑on ;or�no later than Days Affer Ciose OF Escraw.If tra�sfer of title and possession do not occur at the same time,Buye�and Seller are advised to:(I)enter into a written occupancy agreemeM(C.A R. Form PAA, paragraph 2);and(ii)consult with their insurance and legai advisors. C. Tenant-occupied property: {i)Property shall he vacar�t at least 6{ar � )Days Prior to Gose Of Escrow,uniess othervvise agreed in writi�g.Note to Selier: IT you are unak�e to deliver Property vacant in acxordance wtth rent control and other applicable Law,you may be in breach of thfs A�raement OR�U)(if checked)�Tonant to remain in possassion.(C.AR.Form PAA,paragraph 3) D. At Close Of Escrow,(i)Selier assigns to Buyer any assignable wa�raMy rights for items included in the sale, and(iij Selier shall Deliver to Buyer avaiiable Copies of warrarrties.Brckers cannof and wii!not defermine the assignability of any warranties. E. At Close Of Escrow, unless othervvise agreed in writing,Seller shall provide keys and/or means to operabe all locks,mailboxes,security systems, alarms and garage door openers. If Property is a condominium or located in a common irrterest subdivision, Buyer may be required to pay a deposit to the Homeowners'Association("HOA")to obtain keys to accessibie HOA fadlities. g. 3TATUTORY DISCLOSURES(INCLUDING LEAD-BASED PAtNT HAZARD DISCLOSURE3)AND CANCELLATION RICiHTS: A. (1) Seller shall,within the time specified in paragraph 14A,Deliver to Buyer,if required by Law:(i)Federal Lead-Based Paint Disclosures(C.AR. Form FLD)and parnpMet{"Lead Disclosures");and(8)disdosures or notices required by sections 1102 et.seq.and 1103 et.seq.of the Civil Code ("Statutory Disclosures"}. Statutory Disdosures include, but are not limited to, a Real Estate Transfer Disdosure Statement("TDS"), Netural Hazard Disclosure Statement("NHD"), notice or actual knowledge of release of i�legat coMroiled substance, notice of special tax and/or assessmerrts(or,if allawed,substantiaily equivalent notice regarding the Mello-Roos Community Facili6es Act and Improvement Bond Act of 1915)and,if Seller has adual knowledge,of industrial use and military ordinance location(C.A.R.Form SPQ or SSD). (2) Buyer shall,within the time specified in paragraph 146(1),return Signed Copies of the Statutory and Lead Disdosures to Seller. (3) In the event Sellsr, prior to Close Of Escrow, becomes aware of adverse condtions materia�ly aifecting the Property, or any material inaccuracy in disclosures, information or representations previousiy provided to Buyer, Seller shall promptly provide a subsequent or amended dsdosure or notice,in writing,covering those items. However,a subsequent or amended diselosure shali not be required for oonditions and material inaccuracies of which Buyer is otherwise aware, or which are disclased in reports provided to or obtained by Buyet or ordered and paid for by Buyer. (4) If any�sdosure or notice specified in 6A(1j, or subsequent or amended disdasure or notice is Delivered to Buyer after the offer is Signed, Buyer shall have the right to cancei this Agreement within 3 Days After Delivery in person, or b Days After Delivery by deposit in the mail, by giving written notice of cancellation to Seller or Sefler's ager�t. {6) Note to Buyer and Seller.Waivet of Statutory and lead Disclosures is prohiblted by Law. B. NATURAL AND ENVIRQNMENTAL HAZARDS:Within the time specified in paragraph 14A, Seller shall,if required by�aw. (i)Deliver to Buyer earthquake guides(and questionnaire)and environmental hazards baoklet; (I1) even if exempt from the obligation to provide a NHD, 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; Seismic Hazard Zone; and(ilf)disGose any other zone as required by Law and provide any other information required for those zones. C. WITHHOLDING TAXES: 1Nthin the time specified in paragraph 14A, to avad required withholding, Seller shall Deliver to Buyer or qualified substitute,an affidavit suffiaent to comply with federal(FIRPTA)and California withholding Law,(C.A.R. Form AS or QS). D. MEGAN'3 LAW DATABA8E DISCL03URE: Notice: 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 si#e maintained by the Department of Justice at wuwo.meganslaw.ca.gov. Depend�ng on an offender's criminal history,this information will indude either the address at which the offender resides or the communiiy 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 information, Broker recommends that Buyer obtain information from this website during Buyet's inspection contingency period. Brokers do not have expertise in this area.) 7. CONDOMINIUMlPLANNEQ DEVEL�PMENT DISCLOSURES: A SELLER HA3: 7!or� )Days After Acceptance to disdose to Buyer whether the Property is a condominium,or is located in a planned development or other common interest subdivision(C.A R.Form SPQ or SSD). B. If the Property is a condominium or is located in a planned developmerrt or other common irrterest subdivision,Seller has 3(a�� ) Days After Acceptance to request from the HOA(C.A.R.Form HOA):{i)Copies of any documents required by Law;(fi)disdosure o an� y p�en ing or an6cipated daim or litigation by or against the HOA; (ii�a statemeM containing the location and number of designated parking and storage spaces;(lv)Copies of the most recerrt 12 months of HOA minutes for regular and speaal meetings;and(v)the names and contact information of all HOAs governing the Property(collectively,"CI Disclosures").Seller shall itemize and Deliver to Buyer all CI Disclosures received from the HOA and any CI Disdosures in Seller's possession. Buyer's approval of Cf Disdosures is a contingency of this Agreemerrt as specified in paragraph 146(3). 8. �TEMS INCLUDED IN AND EXCLUDED FROM PURCHASE PRICE: A. NOTE TO BUYER AND SE��ER:Items listed as induded or exduded in the MLS,flyers or marketing materials are not induded in the pu�chase price or exduded from the sale unless speafied in 86 or C. B. ITEM3INCLUDED IN SALE: (1� All EXISTING fictures and fittings that are attached to the Property; (2) EXISTING electrical, mechanical, lighting, plumbing and heating fixtures, ceiling#ans,fireplace inserts, gas logs and grates, solar systems, built-in appliances,wi�dow and door screens, awnings, shutters,window coverings, attached floor coverings, teievision antennas, satellite �shes, private integrated telephone systems, air coolers/conditioners, pont(spa equipment, garage door openets/remote controls, mailbox, in-ground landscaping,trees/shrubs,water softeners,water pur�ers,secunty systems/alarms;{If checked�stove(s), �refrigerator(s);and (3� The following adc�tional items: Solar syst�m if ao oqnipp�d. (4) Seller represents that all items in�uded in the purchase price,unless otherwise specified,are owned by Seller. (6) All items included shail be transferred f�ee of liens and without Se11er warranty. C. ITEMS EXCLUDED FROM SALE:Unless othervxise speafied,audio and video components(such as flat screen TVs and speakers)are exduded if arry such item is not itself attached to the Property,even if a bracket or other mechanism attached to the component is attached to the Properiy; and Buyer's Initials( )( ) Seller's Initials{ )( ) � CopyrigM O 1991-2(110,CAilFORN1A ASSOCIATION OF REAITORS�,INC. RPA-CA REVISED N10(PAGE 3 OF 8) Reviewed by oaee �T� CAUFORNIA RESIDENTIAL PURCHASE AGREEMENT(RPA-CA PAGE 3 OF 8) DRAFT Property Address: T'4642 Ktng Fisher Cfrcle or 421ST Verdln Latte Date: 8. CONDITION OF PROPERi'Y:Unless othervrise agreed:(ij the Property is soid�a}in its PRESENT physical�"as-is")condition as oi the date oT Acaeptance and(b)wbJect to Buyer's lnvestlyaklon ripMs;{ii)the Property,including pool,spa,landscapi�g and grounds,is to be maintained in substantially the same condition as on the date o(Acceptance;and(iiij all debris and per�nal property not included in the sale shall be removed by Seller by Close Of Escrow. A. Seller shall,within#he time specified in paragraph 14A, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property,includi�g known insurance daims within the past five years,and make any and all other disclosures required by�aw. B. Buyer has the right to inspect tfie Property and,as specified in paragraph 14B,ba�d upon information discovered in those inspections:(i)cancel this Agreement or(ii)request that Seller make Repairs or take other action. C. Buyer is strongly advised to conduct invesligations ot the eMire Property in order to determine its present condition.Seller may not be aware of sil defects aMeaHn�the Property or a�her tactors�at Buyer conslders imporlarrt. Propeity improv�neMs may not be built accordlnp W code,in canpliance wtth current Law,ar have had permits lssuad. 10.BUYER'S MIVE3T16ATION OF PROPERTY AND MATTER3 AFfECTING PROPERTY: A. 8uyer's accepFar�e of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as speafied in this paragraph and paragraph 14B.VWithin the time speafied in paragraph 14B{1), Buyer shall have the right, at Buyer's expense unless otherwise agreed,to condud inspections,investigations,tests,surveys and other studies("Buyer Invesiigations'�,including, but not timited to,the right to: (i) inspect for lead-based paint and other lead-based paint hazards; (II) inspect for wood destroying pests and organisms; flll) review the registered sex offender database; (iv1 confirm the insurability of Buyer and the Property;and(v)satis(y Buyer as to any matter specified in the attached Buyer's Inspection Advisory(C.A.R.Form BIA).Without Seller's prior written cansent,Buyer shall neither make�or cause to be made:(I) invasive or destrudive Buyer Inves6gations;or(If)inspections by any govemmenta�building or zoning inspector or govemment employee,unless required by Law. B. Seller shall make the Property available for all Buyer Investigations. Buyer shall{i)as specified in paragraph 148,complete Buyer Investigations and,either remove the contingency or cancel this Agreement,and(lij give Seller,at no cost,complete Copies of all Investigation reports obtained by Buyer,which obligation shall suroive 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. Buysr indemnily and Seller protectlon for eatry upon property:Buyer shall:(1�keep the Property free and clear of liens;(ii�repair al�damage arising from Buysr Investigations;and(lii)indemnify and hold Selter harmless from all resutting liability,claims,demands,damages and costs of Buyer's investigations. Buyer shall carry, or Buyer shall require anyone ading on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance,defending and protecting Seller from liability for any injuries to persons or properly occurring during any Buyer Irnestigations 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 recarding a"Notice of Non-responsibility" (C.A.R. Form NNR)for Buyer Investigations and work done on the Property at Buyer's direction.Buyers obligations under this paragraph shall surv'rve the termination or cancellation of this Agreement and Close of Escrow. 17.8ELLER D18CLOSURE8;ADDENDA;ADVI80RlE3;OTHER TERNlS: A. Seller Diaclosures(if checked)•Seller shall within the time specified in parapraph 14A,complete and provide Buyer with a: Q Seller Property Questionnaire(C.A.R.Form SPQ) OR ❑Supplemental Corrtractual and Statutory Disclosure(C.A.R.Form SSDj B. Addenda if checked : �Addendum#1 (C.A.R.Form ADM) Wood Destroying Pest Inspection and Allocation of Cost Addendum(C.A.R.Form WPA) ❑Purchase Agreement Addendum(C.A.R Form PAA) ❑Septic,Well and Property Monument Addendum(C.A.R.Form SWPI} ❑ShoR Sale Addendum(C.A.R.Form SSA) ❑Other C. Advisories(if oheelued)' 0 Buyers Inspection Advisory(C.A.R.Form BIA) ❑Probate Advisory(C A R Form PAK) ❑Statewide Buyer and Seller Advisory(C.A.R.Form SBSA) ❑Trust Advisory(C.A.R.Form TA) ❑REO Advisory(C.A.R.Form REO) D. Other Terms� 12.TITLE AND VESTING: A. WRhin the time spec�ed in paragraph 14, Buyer shall be provided a current preliminary title report,which shall indude a search of the General Index. Seller shall within 7 Days After Acceptance give Esaow Holder a completed Statement of Information.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 condngency of this Agreement as specified in paragraph 148. B. Title is taken in its present condRion subject to all encumbrences, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not,as of the date of Acxeptance except: (i)monetary liens of record unless Buyer is assuming those obligations o�taking the PropeRy subject to those obligations;and{ii)those matkers which Seller has agreed to remove in writing. C. Within the time specified in paragraph 14A, SeBer 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 ceRificate or of Seller's leasehold interest), including oil, mineral and water rights if currently owned by 5elter. Title shall vest as designated in Buyer's supplemental escrow instructio�s. THE MANNER OF TAKWG TITLE MAY HAVE SIGNIFICANT LEGAI AN�TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAI. 6. Buyer shaN receive a CLTAJALTA Homeowner's Policy of Title Ittsurance.A fitle company,at Buyers req�rekst,can provide information about the availability,desirability, coverage, survey requirements, and cost of various title insurance coverages and endorsements. If Buyer desires title coverage nther than that required by this paragraph,Buyer shalt instruct Escrow Holder in writing and pay any increase in cost. 13.SALE OF BUYER'S PROPERTY: A. This Agreemerrt is NOT wrrtingent upon the sale of any properiy owned by Buyer. OR B. �(tf checked):The attached addendum(C.A.R. Form COP)regarding the coniingency for the sale of property owned by Buyer is incorporated ir�to this Agreement. Buyer's Initials(T_)( ) Sellers Initials{ )( ) � CopyrigM B 7991-2010,CALIFORNIA ASSOCIATION OF REAITORS�,INC. RPAfiA REVISED 4/10(PAGE 4 OF 8j Rg'�ewed bY Date �� OPPONTUNITY CALIFORNIA RESIDEN71Al PURCHASE AGREEMENT(RPA-CA PAGE 4 OF 8) 74642 Kin Fisher Ciroc%or 42197 Verdfn Lane Date: DRA FT Property Address: 9 14.TIN� PERlQD8; REMOVAL OF CONTIMGENCIES; CANCELLAT�N RiGHT8: TMa Mllowing t�ne periods may only be axlended, akered, modifled or chan�ed by mutuai written agreemer�t.Any renaxai oi cor�tingenciss or canesellation under this paraproph by either Buyer or Ssller must be axercisad in qood taith and in vvriting(CA.R.Forxn CR or CC). A. 3ELLER HA3: 7(or� 15 )Days RRer Acceptance!o Deliver to Buyer ali Reports,disclosures and information for which Seiler is responsible under paragraphs 4,6A,B and C,7A,9A,11A and 8,and 12.Buyer may give Seiler a Notice to Selier to Perform(C.A.R.Form NSP) if Seller has not Delivered the items within the 6me specified. B. (1) BUYER NA3: 17{or� �Days After Acceptance,unless otherwise agreed in writing,to: (i) complete all Buyer lrnestigations;approve all discbsures,reports and other applicable information,which Buyer receives ftom Seller;and approve all other matters affecting the Property;and (ii) Deliver to Selfer Signed Copies of Statutory a�d Lead Disclosures Detivered by Seller in accordance with paragraph 6A. f2) Within the time speafied in 14B(1),Buyer may request that Seller make repairs or take any oifier acYion regarding the Properiy(C.A.R.Form RR).Setler has no obligation to agree to or respond to Buyer's requests. (3) V4fthin the time apecified in 14B{1) (ar aa a#herwise �ified in this Agreemenk), Buyer shali Deliver ta Seller eikher (i)a removal oi the applicable contingency (C.A.R. Form CR),or(ii)a cancellation(C.A.R. Form CC) of this Agreement based upon a contingency or Seller's failure to Deliverthe specified items.However,if arty report,disclosure or information for which Seller is responsible is not Delivered within the time specifted in 14A,then Buyer has 6(or� )Days After Delivery af any such items,or the time speci6ed in 146(1),whichever is later,to Deliver to Se11er a removal of the applicable contingency or canceilation of this Agreement. (4) CoMlnuatkn ot Contingency:Even aRer the end of the time specified in 14B{1)and before Seller cancels this Agreement,if at all,pursuant to 14C, Buyer retai�rs the right to either(i)in writing rerrwve remaining wntingencies,or(ii)cancel this Agreement besed upon a remaining contingency or Seller's failure to Deliver the specified terms. Once Buyer's written retnoval of all contingencies is Delivered to Seller, Seller may not cancel this Agreement pursuant to 14C(1). C. SELIER RIGHT TO GANCEL: {1) 8eller riyht to Cancel; Buyer Cotningencies: If, within time speafied in this Agreemerrt, Buyer does not, in writing, Deliver to Seller a removal of the applicable coMingency or pncellation of this AgreemeM then Seller,after first Delivering to Buyer a No6ce to Buyer to Pertorm (C.A.R.Form NBP)may cancet this Agreement.In such everrt,Seller shall authorize retum of Buyer's deposit. �2) Seller righ!to Cancel;Buyer Contract Obllgatlons: Seller,after first Delivering to Buyer a NBP may cancel this Agreement for any of the following reasons:(i}if Buyer fails to deposit funds as required by 3A or 3B;(ii)if the funds deposited pursuant to 3A or 36 are not good when deposited;(lii)if Buyer fails to Deliver a notice of FNA or VA costs or terms as required by 3C{3)(C.A.R. Form FVA); (iv)if Buyer fails to Deliver a letter as required by 3H;(v)if Buyer fails to Deliver verification as required by 3G or 3J;{vi)if Seller reasonably disapproves of the verification provided by 3G or 3J;(viij if Buyer fails to retum Statutory and Lead Disclosures as required by paragraph 6A(2);or tviii)if Buyer fails to sign or initial a separate liquidated damage form for an increased deposit as required by paragraphs 36 and 25. In such ever�t,Seller shall authorize return of Buyer's deposit. (3) Notice To Buyer To PeHorm:The NBP shall:(I)be in writing;{il)be signed by Seller;and(111)give Buyer at least 2(or� )Days After Delivery(or ur�til the time specified in the applicable peragraph,whichever occurs last)to take the applipble action.�may not be Delivered any earlier than 2 Days Prior to the expiration of the applicaNe time for Buyer to remove a contingency or cancel this Agreement or meet an obligation specified in 1 AC(2}. D. EFFECT OF BUYER'S REAAdVAL OF CONTINGENCIE8: If Buyer removes,in writing,any contingency or cancellation rights, unless otherwise speafied in a separate written agreement between Buyer and Seller,Buyer shall with regard to that contingency or cancellation right concfusively be deemed to have:(i)completed all Buyer Investigations,and review of reports and other applicable information and disclosures;(it)eleded to proceed wrth the transadion;and(III)assumed all I'�ability,responsibility and expense for Repairs or corredions or for inability to obtain financing. E. CLOSE OF E8CROW: Before Seller or Buyer may cancel this Agreement for failure of the other party to cbse escrow pursuant to this Agreement,Seller or Buyer must first give the other a demand to dose escrow(C.A.R.Form DCE). F. EFFECT OF CANCELLATION ON DEP081T8: If Buyer or Seller gives written notice of canc:ellation pursuant to rights duly exercised under the terms of this Agreement, Buyer and Seller agree to Sign mutual instrudions ta 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 producfis provided during escrow. Release of iunds will require mutual Signed release instructions trom Buyer and 3eller, Judlclal dedsion or arbkratlon award. A Buyer or Seller may be sub)ect to a civll pQnalry nf up to i1,000 tor refusal to slgn such instructlons Ii no good talth dlspute exists as to who Is entltled to the deposlted funds lClvil Code§1067.3?. 1b.REPAIRS: Repairs shall be completed prior to final verification of condition unless othenxise agreed in writing. Repairs to be pertormed at Seller's expense may be performed by Selter or through others, provided that the work complies with applicable Law, including govemmental permit, inspedion and approval requirements.Repairs shall be performed in a good,skillful manner witfi 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: (i) obtain receipts for Repairs performed by others; Qi) prepare a written statemer�t indicating the Repai�s performed by Seller and the date of such Repairs;and(lii)provide Copies of receipts and statements to Buyer prior to final verification of condRion. 16.FINAL VERIFICATION OF CONDI710N:Buyer shall have the rigM to make a final inspection of the Property within 6(or �Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i)the Properry is maintained pursuant to paragraph 9; (If) Repairs have been completed as agreed;and(ifi)Seller has complied with Sellers other obligations under this Agreement(C.A.R.Form VPj. 17. PRORATIONS OF PROPERTY TAXE3 AND OTHER ITEM8: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 insurence assumed by Buyer, payments on bo�ds and assessments assumed by Buyer,and payments on Mello-Roos and other Special Asse�ment District bonds and assessments that are a current lien.The following items shall be a�umed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello-Roos and other Special Assessment Disttict bonds and assessments and FIOA speaal assessments that are a current lien but not yei due. Property wi11 be reassessed upon change of ownership.Any supplemental tax bills shatl be paid as foilows:(i)for periods after Close Of Escrow, by Buyer,and(il)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. Buyer's Initiais( ){ ) 5ellers Initials{ )( ) � CopyrigMO 1991Q610,GAUFORNIA ASSOCIATION OF REALTOR9�,INC. RPA-CA REVISED 411d(PAGE 6 OF 8) Reviewed by Date �T� CALIFORNIA RESIDENTIAL PURCHA3E AGREEMENT�RPA�CA PAGE b OF 8) DRAFT Property Address: 74642 King Fisher Cir�cte or 42f9T Verdin Lane Date: 18.SELECTION OF SfRVICE PR01/iDER8: 8rokers do not guarantee the performance of any vendors, service or product providera("Providers"), wfiether relerred by Broker or seieded 6y Buyer,SeHer or other person.Buyer and Setler may select AtVY Providers of their own choosing. 18.MUITiPLE LISTING 8ERVICE("MLS"):Brokers are authorized to report to the MLS a pending sate and,upon Close Of Escrow,the sales xxice and other terms of this transattia� shail be provided to Yhe MLS to be published and disseminated to persons and enlities authorized to use the information on terms approved by the MIS. 20.EQUAL HOU8ING OPPORTUNITY:The Property is sold in compliance with federal,siate and local anti-discximination Laws. 21.ATTORNEY FEE3: In any action, proceeding,or arbitraGon befiaeen Buyer and Seller arising out of this Agreement,the prevailing Buyer or Seller shall be entitled to reasonabte attomey fees and costs from the non-prevailing Buyer or Seller,except as provided in paragraph 26A. 22.DEfINITION8:As used in this Agreement: A. "Acceptance"means the tirr�e 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 acoordance witfi the terms of this offer or a final counter ofFer. 8. "C.A.R.fotm"mea�tha apecifia fo�m raferencad or anottier comparable form agreed to by the parties. C. "Close Oi Eserow"mearrs the date the grant deed,or other evidence of transfer of title,is recorded. D. "Copy"means copy by any means including photocopy,NCR,facsimile and eledronic. E. "Days"means calendar days. Howeve�,After Acceptance,the last Day for performance of any act required by this Agreement(including Close Of Escrow)shall not indude any Saturday,Sunday,or legal holiday and shall instead be the neact Day. F. "Days After"means the specified number of calertdar days after the occurrence of the event specified,not counting the calendar date on which the specified event occurs,and ending at 11:59PM on the final day. G. "Days Prlor"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 schedu(ed to occur. H. "Deliver","Delivere+d"or"Dellvery",regardless of the method used(i.e.messenger,mail,email,fax,other),means and shall be effective upon (i)personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in paragraph D of the section titled Real Estate Brokers on page S;OR(ii)if checked, �per the attached addendum(C.A.R. Form RDN). 1. "Elactronle Copy"or"Elactronle 8ignature" means,as applicable, an electronic copy or signature complyirtg with California Law. Buyer and Seller agree that electronic means will not be used by erther party to modify or aker the content o� integrity of this Agreement without the knowledge and consent ofthe other party. J. "Law"rrreans any law,code,statute,ordinance,regulation,rule or oMer,which is adopted by a cflntrolling city,county,state or federal legislative, judicial or executive body or agency. K. "Repatrs"means any repairs(including pest control),akerations,replacements,modifica#ions or retrofitting of the Property provided for under this Agreement. L "Slgned"means either a handwritten or electronic signature on an originel document,Copy or any counterpart. 23.BROKER COMPENSATION: Seller or Buyer, or both, as applicable, agrees to pay compensation to Broker as specified in a separate written agreemerrt 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 5eller or Buyer. 24.JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The lbllowinq parographs,or applicable pottions thereof,oi this Agreement constitute the jolnt escrow instructions ot Buyer and Seller to Escrow Holder,which Escrow Holder is to use along wfth any related counter offers and addenda,and any additional mutual instructions to close the escrow:1,3,4,6C,11 B and D,12, 13B, 14F, 17,22,23,24,28,30,and peragraph D of the section titled Real Estate Brokers on page 8.If a Copy of the seperate compensation agreement(s)provided for in paragraph 23,or paragraph D of the section titled Real Estate Brokers on page S is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreemerrt(s)and pay out of Buyer's or Seller's funds,or both, as applicable,the respective Broker's compensation provided for in such agreement(s). The terms and conditions of this Agreement not speafically referenced above, in the speafied paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concemed. Buyer artd Seller will receive Escxow Holder's general provisions diredly from Escrow Holder and will execute such provisions upon Escrow Holder's request.To the extent the gerreral provisions are inoonsistent 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 reasonabfy necessary to close the escxow. B. A Copy of this Agreement shall be delivered to Escrow Holder within 3 business days after Acceptance(or � ).Escrow Holder shall provide 5ellers Statemer�t of Information to Trtle company when received from Seller. Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals,to open escxow and for other purposes of escxow.The valid'Ry of this Agreement as between Buyer and Seller is not affeded by whether or when Escrow Holder Signs this Agreement. C. Brokers are a parly to the escrow for the sole purpose of compensation pursuant to paragraphs 23 and paragraph D of the section titled Real Estate Brokers on page 8.Buyer and Seller irrevocably assign to Brokers compensation specified in paragraphs 23,respedively,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 Hokler hom any liabifity�esulting from Escxow Holder's payment to Broker{s)of compensation pursuant to this Agreement.Escrow Holder shall immediately notify Brokers: (i� 'rf Buyer's initial or arry additional deposit is not made pursuant to this Agreement, or is not good at time of deposd wdh Escxow Holder;or(li)if either Buyer or 5eller irtstruct Escrow Fiolder to cancel escrow. D. 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 2 business days after mutual execution of the amendment. Buyer's Initials( )( ) Seller's Initials{ )( ) � Copyright O 1991-2010,CALIFORNIA ASSOCIATION OF RFALTORSO,INC. RPA-CA REVISED 4l10(PAt3E 6 OF 8)PriM Date Revievved by Date �T� CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT(RPA-CA PAGE 6 OF 8) DRAFT Property Address: T46d2 King Fisher Cfncte or 42197 Verdin Lane Date: 26.LI6iU1DATED DAMAGES: If Buyer fails bo comAlete this purchase becaus�e of Buysr's defauit, Seller shall retain, as Iiquldated damages,the deposit actuaUy paid.If the Propertyr is a dweliing with no more than tour units,one of which Buyer intenda to oocupy,then the amount retained shall be no more than 3%af the purchase pri�.Any excess shall be returned to Buyer. Release of tunds wili require mutuai,Signed release instructions from both Buyer and Selier,judicial decision or arbitration award. AT TIME OF THE INCREASED DEPOSIT BUYER AND SELLER SHALL SIGN A SEPARATE UQUIDATED DAMAGES PROVISION FOR ANY INCREASEQ DEPl7SiT,(C.A.R.FORM R1D). Bu eNs initials / Seller's Initials / 26.DI3PUTE RESOLUTION: A. MEDIATION: 8uyer and Selier agree to mediate any dispute or cdaim arising between them out of this Agreemerrt,or any resuiting trensaction, before resorting!o arbitration or court action.Buyer and Seiler also aqree#o mediate any disputas or claims with Brokar(s),who,in wrking, atiraa to such mediatfon prior to,or within a raa�ble tkne after,the dispute or alaim is prasantsd to the Broker.Mediation fees,if any, slrall be divided equatly emong the parties involved.If,for eny dispute or daim to which this paregraph applies,any party{i)commences an action without first attempting to resolve the matter through mediation,or(ii)before commencement o#an action,refuses to mediete after a request has been made,then that party shall not be entitled to recover attomey fees,even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVlSION IS INITIALED.Excluslons Trom thls medlatlon agraoment are spacified in paragraph 26C. B. ARBiTRATION OF DISPUTES: Buyer and Seller 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 neutrai, binding arbitration. Buyer and Seller also agree to arbitrate any disputes or alaims with Braker(s),who, in writing,agree to such arbitration prior to,or within a reasonable time atter,the dispute or claim is presente�d to the Broker.The arbitrator shall be a retired judge or justice,or an attorney with a!least 5 years of residential real estate Law experience, unless the parties mutually agree!o a different arbitraEor.The parties shall have the right to diseovery in accordance with Code of Civit Procedure§1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civit Proc:edure.Judgment upon the awa�d of the arbitrator(s)may be entered into any court having jurisdiction. Entorcement ot this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitratlon agrecment are specified in paragraph 28C. "NOTICE:BY INtT1ALING 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 GIVINO UP YOUR JUDICIAL RIGHTS TO Di3COVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVlSION. 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 PR0IIISION 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." Bu er's Initials / Seller's Initials / C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: (1) EXCLUSION8:The tollowing matters shall be excluded irom medlation and arbitralion: (i)a judicial or non�udicial toreclosure or other actian or proceeding to sniorce a dead of trust,mortgage or inst�llmer�t land sals contract as deHnad in Clvil Code§2986;(fi) an unlawtul detainer action;(iii)the flling or entorcement of a mechanic's lien;and(ivy any matter tha!is within the Jurisdiction of a probate,small clalms or bankruptcy cou�t.The flling of a court actlon to enable the recording oi a notkx of pending action, tor order ot atlachmeM, receivership, injunction, or other provisional rerrredies, shall not constitute a waivar or violation of the medlation and ubitration provisions. (2) BROKERS:Brokers shall not be obligatad or compelled to mediate or arbitrate unless they agree to do so in wrltin�.Any Broker(s) partfcipating in mediatlon or arbitration shall not be deemed a party to the Agreement. 27.TERM8 AND CONDITION8 OF OFFER: This is an otfer to purchase the Property on the above terms and conditions. The liquidated damages paragraph or the arbitration of disputes paregraph 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 such paragreph(s), a counter offer is required until agreemeM is reached. Seller has the right to continue to offer the Property for sate and to acxept any other offer at any time prior to notfication of Aa:eptance.If this affer is acxepted and Buyer subsequently defaults, B�yer 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. 28.TIME OF ESSENCE; ENTIRE CON7RACT; CHANGE3. Time is of the essence. All understandings t�tween the parties are incorporated in this Agreement. Its terms are int$nded by the parties as a final,complete and exclusive expression of thek Agreement wfth respect to its subject matter, and may not be contradic;ted by evidence of any prior agreement or contemporaneous oral agreement.If any provision of this Agreement is held to be ineffective or invaGd,the remaining provisions will nevertheless l�given full force and effect. Except as otherwise specified,this Agreement shall be interpreted and disputes shall be resolved in accordance with the laws of the State of Calffornia.Neither this A�resment nor any provision In it may be extended,amended,modilfed,aftered w cfianped,exaept in writing Siyned by Buyer arn!3eller. Buyers Initials( )( ) Sellers Initials( )( ) � � CopqrightA 1991-2010,CALIFORNIA ASSaCiAT10N OF REALTORS�,MC. RPA-CA REVISED 4/10(PAGE 7 OF 8) Reviewed by Daie �T� CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT(RPA-CA PAGE 7 OF 8) DRAFT Property Address: 7aBt2 King Ftsher Cfrr/e or t2t9�verofn lane Date: 29. EXPIRATION OF OFFER:This offer shaA be deemed revoked and tfie deposit shall be returned unless the offer is Signed by Seller and a Copy of the Signed offer is personaly received by Buyer,or by ,who is authorized to receive it, by 5:00 PM on t t ir ay a er t is o r �s s�ga y uyer or, i c e ed,("� by �AM�PM,on (�ate)). 8uyer has read and acknowledges re�ipt o#a Copy of the offer and agrees to the above confirmation of agency relationships. Date Date BUYER A qual�ed buyer of/ow ar moderate income BUYER (Print name) iPrint name) (A dress) ❑Additional Signature Addandum atiached{C.A.R.Fo�m ASA). 30. ACCEPTANCE OF OFFER:Seller warrants that Selier is the owner of the Property,or has the authority to execute this Agreement.Seiler accepts the above offer,agrees to sell the Properiy on the above terms and conditions,and agrees to the above confirmation of agency relationships. Selier has read and acknowledges receipt of a Copy of this Agreeme�t,and authorizes Broker to Deliver a Signed Copy to Buyer. ❑(If checked)SUBJECT TO ATTACHED COUNTER OFFER(C.A.R.Fo�m CO)DATED: • Date Date SELLER P��m Desert Housing Autho�ity SELLER (Print name) Print name) (Address) ❑Additional Signature Addendum attached(C.A.R.Form ASA). ( I ) CONFIRMATION OF ACCEPTANCE:A Copy of Signed Acceptance was personaily received by Buyer or Buyer's authorized (Initials) agent on(date) at �AM �PM.A binding Agreement is created when a Copy of Signed Acceptance ia personally received by Buyer or Buyer'a authorized agent whether or not confirmed in this document.Completion of this confirmation 1s not legalty requlred 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. 8. Agency relationships are confirtned 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 Firtn) and Cooperating Broker agrees to accept, out of Listing Broker's proceeds in escrow:(i)the amount specified in the MIS, provided Cooperating 8roker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS;or(ii)�(if checked)the amount specfied in a separate written agreement(C.A.R. Fortn CBC)beriween Listing Broker and Cooperating Broker.Declaration of License and Tax(C.A.R.Form DLT)may be used to document that tax reporting will be required or that an exemption exists. Rqdf�Broker(Selling Firm) DRE Lic.# gy DRE Lic.# Date Adtlre�3� iry State Zip Telephone ax -mai Real Estate Broker(Listing Firm) DRE Lic.# gy ic. Date Address ity State Zip Telephone ax -mai ESCROW HOLDER ACKNOWLEDGMENT: Escrow Holder acknowledges receipt of a Copy of this Agreement,(ff checked,�a deposit in the amou�t of$ ). counter offer numbered , p Seller"s Statement of Inforrnation and �Other Addendum#1 ,and agrees to act as Escrow Holder subject to paragraph 24 of this Agreement,any supplemental escrow instructions and the terms of Escrow Holder's general provisions if any. Escrow Holder is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer and Seller is Escrow Holder FOI@Slte ESC/OW Escrow# By EsthB Date Ad ress PhonelFa -mai Escrow Holder is licensed by the California Department o � Corporations,�Insurance,�Real Estate. License # PRESENTATION OF OFFER:( )Listing Broker presented this offer to Seller on (date). Broker or Designee Initials REJECTION OF OFFER:( 1( )No counter ofFer is being made.This offer was rejected by Seller on (date). Seller's Initials THIS FORM HAS BEEN APPROVED BY TME CAIIFORNIA ASSOC�ATION OF REALTORS�(C.A.R.j.NO REPRESENTATION tS MADE AS TO THE LEGAL VALIDfTY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION.A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACT10N5.�F YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSfONAL. This form is availeble fw use by the entire real estate industry.N is rwt iMended to identity the user as a REALTOR�1.REALTOR�is a registered collsctive membership merk which may be used only by members of the NATIONAL ASS�IATION OF REALTORS�who sifiscribe to its Code of Ethics. , Publist�ed and Disiributed by: � „ REAI ESTATE BUSINESS SERVICES,INC. Reviewed by � a s�aryol�e Caibmia,4ssociafCr�ofREALTOR9� ` m 525 South Virgil Avenue,Los Angeles,CaliFomia 90020 Broker or Designee pate oP�T�+Y REVISION DATE 4110 CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT(RPA-CA PAGE 8 OF 8) DRAFT CALIFORNIA `t ASSOCIA'IION ADDENDUM � OP REALTORS� � (C.A.R.Form ADM,Revised 10l01) NO. 1 The following terms and conditions are hereby incorporated in and made a part of the: � Residential Purchase Agreement, ❑ Manufactured Home Purchase Agreert�nt, ❑ Business Purchase AgreemeM, ❑ResidenNal Leasa or Month-to-Month Rental Agreament, ❑ Vacant Land Purchase Agreement, ❑ Residential Income Properly Purchase Agreement, ❑ Commerdal Property Purchase Agreement, ❑other dated ,on property known as �'�2►Cb►p Asher C1rNe or 42197 Ye►din Lane in wF�F� � er o ow or m ra income is refamed to as("BuyerRenant") and ra�m ese ous�ng u on is refierred to as("SeUedLandlord"). The sale of this��,�is suhiect tn a n�bGc hearipa schedated fo�' June 27,2013. This woaertv w have a estnc e reem�e�n a uyer mu execu a e r�eco ms su ec aer[fr in favor of e a tn sert ous►ng—�tiu�ir�y���oriF"}� ons ncTu ng n no Nmit to a enc u remen res ons a� a o sa ffie Housir��anrona other resUic�ons. o m an e ous►R may pro own paymen ass�s nce o ensur�e an har�sinq cost:such loan may t�e s�len!tnr al/oi aart of tt�e fe�m ofthe loan. ae mount oTass±s ar�ce rw��ry`�ui uaN/fa in an AmA��fA P_nq���i±9}/AI1�9 hA�ci/td COSf Trned znder CaL%�mia's Health and�a�w Code�s and ro�ti�gortt on tha.prirnaqr.loan approva� As �s a s7overnmen en an not su �ec o r�ea pro es,no prora � m roug escrow fo�this��ver is resnonstble fiom the dafe of escrow Nosing for rea properhr taxes ue a rec e a Pf���TAY�f'IlIW_M fiYflf�fI�P TAY Cf�IP/`/A�Q C1H�/CP. The foregoing terms and condidons are hereby agneed to,and the undersigned acknowledge receipt of a copy of this document Date Date Buyer/Tenant�4 gualiTred buver of low or moderate income gQ������ Palm Desert Housing Authority BuyeNTenant Seller/Landiord The copyApM laws o/1M U�fad Stetas(TNh 17 U.S.Code)forbid the unautharizad roprodudbn of this form,or arry poAbn therooF,by photocopy macNr»or a�ryr othar rtaans, hiGu�np(ectlmib ot caitputaized form�o.CopyriphlO 4986-2�1,CALIFORNW AS50CIATION OF REALTOR9�,INC.ALL RIGHTS RESERVEp. THIS FORM tlAS BF�N APPROVED BY TFIE CkLIFORt�qR ASSOCIATIOM OF REALTOR�(C.A.R.).NO REPI�SENTATiWJ IS MA�AS TO 7HE LEGAI VALIDITY OR ADEQUACY OF ANY PROVI310N W ANY SPECIFIC TRANSACTION. A REAI ESTATE BROKER IS ThIE PERSON QUALIFIED TO ADVISE ON REAI ESTATE TRANSACTtONS.!F YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL. Thi�form is awN�tle fw ues by ths erMirs real estate indu�ry.It Is not iMend�to IdentBy the user as e REALTOR�.REALTORW!a a►spiatared ooNedive membenhlp marlc wldeh may be used ody by me�ero d the NATId�AL ASSOCWTION OF REALTORS�who suWaibs to Ns Code of Eihics. i PuWfehed end Dfat�ibuted by: N REAL E8TATE BUSINESS SERVICES,INC. a auAsidiary o/tAe CAUFORNIA ASSOC/A770M OF REALTOR� R�tiY � c 525 South Vkg�Avenue,Los Mpeler,Ca�famh 90020 Brokx or Deaignee d�e ADM-11 REVISED 10101(PA(iE 1 OF 7) ���r ADDENDUM(ADM-11 PAGE 1 OF t} Gilleran Gri�n Company I5T5 Weslwood Blvd 1�300, Los Mpeles CA 90024 PErone:(3I0)478-1835 Fa�c: (310)478-2 t33 Gilkran Grifltn Company ,.zfx Sanchez, Gloria From: Moeiler, Chariene[CMOELLER@palmspri.gannett.com] Sent: Tuesday, June 11, 2013 3:27 PM To: Sanchez, Gloria Subject: RE: Legal Notice-Public Hearings 06/27/2013-Falcon Crest C) A�js rE�c��ivc�a and will publish can��tc�(s) rE�q�uesteci. Charlene Maeller � Media Sales Legal (Votice Coordinator The Desert Sun Media Group 750 N. Gene Autry Trai�, Palm Springs, CA 92262 t 760.778.4578 � f 760.778.4731 le als thedesertsun.com /dpwle�als thedesertsun.com The Coachella Valley's#1 Source in News&Advertising! www.mvdesert.com � twitter�:���°���,��'� �+a� '; faceboak ri��s��°�� � �.�=<:rr�� TMis email and any files transmitted wikh it are canfidentia! and intended for Che individual to wham they are addressed. If you have received this email in error, please notify the sender and delete the message from your system From: sanchez cit�ofaalmdeserC.orq [mailto:asanchez a citvofpalmdesert.ar ] Sent:Tuesday,June 11, 2013 3:03 PM To: tds-legals Cc: �leonncityofpafmdesert.orq; iaonzales��cit�ofpalmdesert.org Subject: Legal Notice- Public Hearings Q6/27/2013 - Falcon Crest PLEASE PUBLISH THE FOLLOWING: NOTICE OF PUBLIC HEARING 1) Proposed Approval of Residential Purchase and Sale Agreement Four(4)Single-famiiy Residences Located at 42071 Verdin Lane 42253 Verdin lane 74478 Falcon Lane 74670 King Fisher Circle 2) Proposed Approval of Residential Purchase and Sale Agreement Two(2)Single-family Residences located at 74642 King Fisher Circle 42197 Verdin lane TWICE EACH IN THE DESERT SUN Thursday,June 13,2013 Thursday,June 20,2013 i NOTICE OF A PUBLIC HEARING OF THE CITY OF PALM DESERT AND THE PALM DESERT HOUSING AUTH�RITY REGARDING THE PROPOSED APPROVAL OF A RESIDENTIAL PURCHASE AND SALE AGREEMENT NOTICE IS HEREBY GIVEN that the Palm Desert Housing Authority (the Authority") will hoid a Public Hearing to consider the approval of the DRAFT Residentiai Purchase and Sale Agreement (the "Purchase and Sale Agreement") by and between the Authority, as seller, and a person or family of low or moderate income, as buyer. The DRAFT Purchase and Sale Agreement will be utilized for each of the two (2) single-family residences owned by the Authority located at 74642 King Fisher Circle and 42197 Verdin Lane, Palm Desert, CA 92260. A copy of the Purchase and Sale Agreement is available for public inspection and copying at a cost not to exceed the cost of duplication, at the Office of the City Clerk, 73-510 Fred Waring Drive, Palm Desert, Califomia 92260. Said Public Hearing will be held as follows: DATE: Thursday, June 27, 2013 TIME: 4:00 P.M. PLACE: City of Palm Desert City Hall Council Chambers 73-510 Fred Waring Drive Palm Desert, Califomia 92260 All interested persons wishing to be heard on the matter may be present and be heard. Any written communications should be addressed to the Authority Secretary, 73-510 Fred Waring Drive, Palm Desert, Califomia 92260. Dated: June 11, 2013 RA EL D. KLASSEN, ECRETARY PALM DESERT HOUSING AUTHORITY G:1GtyCIrklGbAa SandfezLLEGAL NOTICESIPH 082713-FC Lota 40 anC 67.doe