Loading...
HomeMy WebLinkAboutSale of Prop - APNs 624-440-006 and 624-440-008CITY OF PALM DESERT /PALM DESERT HOUSING AUTHORITY JOINT CONSIDERATION REQUEST: SUBMITTED BY: DATE: CONTENTS: Recommendation STAFF REPORT REQUEST FOR APPROVAL OF THE PROPOSED SALE OF THE PROPERTIES LOCATED AT 42190 VERDIN LANE (APN 624-440- 006) AND 42218 VERDIN LANE (APN 624-440-008), PALM DESERT (PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c)). Jessica Gonzales, Management Analyst - Housing June 13, 2013 Housing Authority Resolution No. HA- 55 Draft Purchase and Sale Agreement That the Authority Board, 1. Conduct a public hearing and accept testimony on the proposed sale of the properties located at 42190 Verdin Lane (APN 624-440-006) and 42218 Verdin Lane (APN 624-440-008), 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-55 approving the sale of the properties pursuant to the attached draft Purchase and Sale Agreement at the fair market value of $200,000 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 ancillary documents necessary to effectuate the sales and actions taken herewith. Resolution No. HA-55 Staff Report Public Hearing APN (APN 624-440-006) and (APN 624-440-008) June 13, 2013 Page 2 of 3 Background 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 Crest") to households of low and moderate income. 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) single-family residences located at 42190 Verdin Lane and 42218 Verdin Lane 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:IHOUSING\Jessica Gonzales 1PROGRAMSLAGENCY FOR-SALEIPUBLIC HEARINGS\HA-City 33433(c) Public Hearing FC Lots 56 8 58 Mtg of 6-13-13.doc Resolution No. HA - 55 Staff Report Public Hearing APN (APN 624-440-006) and (APN 624-440-008) June 13, 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 $80,000 per household which is the same amount of 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 Analysis 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: Jessi Gonzales, Mana em t Analyst - Housing Finapee-pepartment: I3gul Gibson' Director of Finance Department Head: M. Moore, Director of Housing CITY COUNCIL ACTION APPROVED B�1„c,tr OTHER ��((CCtll �. . MEET G DA AYES: i, ' ?l% °', (,�b2 * /1'(n i/ NOES? �A'r') ABSENT: A d1?L_ ABSTAIN: n VERIFIED BY: 1)'< C Original on File with City Clirk's Office M. Wohlmuth, City Manager/Executive Director BY HOUSG AUTH VERIFIED BY: / Original on file with Cityerk's Office G:IHOUSINGIJessica Gonzales IPROGRAMSIAGENCY FOR-SALEIPUBLIC HEARINGSIHA-City 33433(c) Public Hearing FC Lots 56 & 58 Mtg of 6-13-13.doc RESOLUTION NO. HA -55 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 42190 Verdin Lane and 42218 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 "Agreement") 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. 12812-0001 \1528710V2.dOC G IHOUSINGLIessica GonzalesIPROGRAMSVrGENCY FOR-SALEIPUBLIC HEARINGS\HA Raso Approving sale of smell housing propct FC Lots 56 8 58 ?kg of 6-13-13 doc RESOLUTION NO. HA - 55 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 the 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 13TH day of JUNE 2013 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, SECRETARY PALM DESERT HOUSING AUTHORITY JAN C HARNIK, CHAIRMAN 12812-0001\1528710v2.doc -2- G 1H0USINGUeseica Gonzoles\PROGRAMSIAGENCY FOR-SALEIPUBLIC HEARINGSIHA Reso Approving sale of smell housing project FC Lots 56 8 58 Mtg of 6-13-13 dos NOTICE OF A PUBLIC HEARING OF THE CITY OF PALM DESERT AND THE PALM DESERT HOUSING AUTHORITY REGARDING THE PROPOSED APPROVAL OF A RESIDENTIAL PURCHASE AND SALE AGREEMENT NOTICE IS HEREBY GIVEN that the Palm Desert Housing Authority (the "Authority") will hold a Public Hearing to consider the approval of the DRAFT Residential Purchase and Sale Agreements (the "Purchase and Sale Agreements") by and between the Authority, as seller, and a person or family of low or moderate income, as buyer. The Purchase and Sale Agreements pertain to two (2) single-family residences owned by the Authority located at 42190 Verdin Lane and 42218 Verdin Lane, Palm Desert, CA 92260. A copy of the Purchase and Sale Agreements are 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 13, 2013 TIME: 4:00 P.M. PLACE: City of Palm Desert Council Chambers — City Hall 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: May 28, 2013 R. chelle D. Klassen, - cretary Palm Desert Housing Authority C:\Documents snd Settlngstmartlneztoeal Settlngs\Temporary Internet Flles\ContenLOutlook\1 4UON6GI1Notlos of Public Hearing FC Lots 5658 Mg of 6-13-13.doc CALIFORNIA ASSOL IATION OF ItEALTORS' 1, OFPER: A. This IS AN OFFER FROM A qualified low or moderate income buyer (.3 J ) B. THE REAL PROPERTY TO RE ACQUIRED is deSalbed es 42190 Verdin Lane or 42218 Verdin Lane .Aceesaw'sParesIt+b. b14-44U-UUb OS b14-44U-UUtr .al din p 0mct County of Riverside , Collards. ('Propertf). C. THE PURCHASE pace ollersd le Two hundred Thousand Dollars D. CLOSE OF ESCROW shelf °CCW on 60 days or sooner frosh acceptance (eon ; $Days A00.00 ). P {data} (or (� aye After Acceptance). 2. AGENCY: A. DISCLOSURE Buyer and Seller each acknowledge prior receipt of a "Disclosure Regarding Real Estate Agency Relationships" (C.A.R. Form AD). B. POTENTIALLY COMPETING BUYERS AND SELLERS: Buyer and Sailer each acknowledge receipt of a disdosure of the possibility of multiple representation by the Broker repraeenting that pr scipai. This "closure may be part of a listing agreement, buyer representation agreement ar separate document (C.A.R. Form DA). Buyer understarvis that Broker representing Buyer may also represent other pot ntlel buyers, who may consider, make offers on ar ultimately acquire the Property. Seller understands that Broker representing Seller may also represent other sew with oompettng properties of Interest to this Buyer. C. CONFIKMATIOIrt The foilovAng agency relationships are hereby conftmrled for the transaction: (Print Firm Name) is the agent of icheck one): Q the Seller euduslvaly: ar 0 both eta Buyer and Suter. Ong Agent TBD (Print Firm Name) (11 not the same as the Listing Agent) is the agent of (check one) O the Buyer exdtusivey; or O the Seder exdus.veiyr, or Q both the Buyer and Seller. Real Estate Brokers ere not parties to the Agreement between Buyer and Seiler. 3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder. A. INITIAL DEPOSIT: Deposit shell be to the amount of $ Zak (1) Buyer shall deliver deposit drocey to Escrow Holder by personal check. ❑ electronic funds transfer, Q Other within 3 business days after acceptance (or Q Other ); OR (2) (If checked) O Buyer has given the (Impoak by personal check (or n ) to the agent submitting the after (ar le (1 ), made payable to . The deposit shall be held unceehed until Acceptance and then deposited with Escrow Holder (or 0 Ingo Brokers trust account) within 3 business days after Acceptance (or 0 Other ) B. INCREASED DEPOSIT: Buyer shell deposit with Escrow Holder an Increased deposit in the amount of $ within Days After Acceptance. or O If a liquidated damages douse is incorporated tote the Agnsernernt, Buyer and Seiler shall sign a separate liquidated damages clause (CAR. Form RID) for any Increased deposit at the time 11 is deposited. C. LOAN(S): (1) RRST LOAN:In She amount of $ TAD This loan will be conventional financing or, 8 checked, ❑ FHA, OVA. O Seer (CAR. Form SFA), O assumed financing (CAR, Form FAA), O Other . This loan shell be at a fixed rate not to exceed % or, ©an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan. Buyer shell pay points not to exceed % of the loan amount. (2) ® SECOND LOAN: in the amount of $ ULU. 1?hls ban wS be corwenlional financing or, if checked, 0 Seiler (C.A.R. Fern SFA), 0 assumed financing (CAR. Fours PAA). III Other Ate. 3_p . This ben she be eta fixed rate not to exceed % or. Q an adjustable rate loan with Initiel ate not to exceed %. Regardless of the type of ban, Buyer shall pay paints not to exceed % of the ban amount. (3) FHANA: For any FHA or VA ban speed above. Buyer has 17 (der 0 ) Days After Acceptance to Deliver to Seller written notice (CAR. Form FVA) of any tender -required repairs or costs that Buyer requests Setter to pay for or repair. Seller has no obligation to pay for repairs or satisfy lender requirements unless otherwise agreed in writing. D. ADDITIONAL FINANCING TERMS: palm Desert Mousing Authorf ty and City of Palm psa.yt mey piv. pen gava.vt aaaiataaco. provided braver anali . E. BALANCE OF PURCHASE PRICE OR DOWN PAYMENT: In the amount of $ to be deposited with Escrow Holder within sufficient erne to close escrow. F. PURCHASE PRICE (TOTAL)* $ $200, 000. 00 DRAFT FOR DISCUSSION ORN RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS For Ilse With Single Franey Rssldenttai Property -- Attached or Detached (C.A.R. Form RPA-CA, Revised 4f10) Date Mar 23. 2013 Buyers fleets ( ) ( ) Seers Irhtilate ( The wpyr4M Rows of So by UhrtpWW Stars Mee 11 US Code) WOW Owwmyihoriced *pnid h ofVIA farm. ar %climb or earapiAsAnd lama CCapynsbY° e19olon 9I. 010,COLIFORMA ASSOCVMON OFREL. wo. ALL ROWS RESERVED RPA-CA REVISED 4/10 (PAGE 1 OF 8) Rmrewed by CAUFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 1 OF 8) 1 Broker: Phone:: ( 0111/11111111111 ormatenv Dote Fax: Prep/wed wing slpFonn® software 1 DRAFT FOR DISCUSSION Address:42I90 Verdin Lane or 412218 Verdin Lane Ofi . Property ?!9dv 23, 2013 G. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyers lender or ban broker pursuant to 3t4(1))' hal. wean 7 (or 0 ) Days After Acceptance, Deliver to Seller *eaten very Caton of Buyers down payment and dosing cocas. (If mod, 0 verification attached.) H. LOAN TERMS: (1) LOAN APPUCATIONS: Within 7 (or 0 ) Days After Acceptace, Buyer shall Deliver to Seiler a letter from lender or ban broker stating that, based on a review of Buyer's wd ten appiicadon and credit report. Buyer Is proceedhsd or preappreved for any NEW Lean specified in 3C above. (It checked, 0 letter attached.) (2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated ban(s). Obtaining the bents) specified above Is a contingency of this Agreement unniess otherwise agreed in writing. Buyers co al obligations to obtain and provide deposit, balance of down payment and dosing costs are not contingences of this Agreement. t. (3) LOAN coN WGENCY REMOVAL: (I) WIHn 17 (or O ) Days After Acceptance, Buyer shred, as specified in paragraph 14, tit writing remove the loan contingency or cancel this Agreement: OR (ti) (if checked) 0 the loan contingency shad remain rn ailed wad the designated Loans are funded. (4) 0 NO LOAN CONTINGENCY (H checked): Obtaining any loan specified above is NOT a contingency of this Agreement. If Buyer does not obtain the loan and as a result Buyer does not purchase the Property, Seier mey be antdled to Buyer's deposit or other leg* remedies. I. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (or, If choked, 0 Is POT) contingent upon a written appraisal of the Property by a licensed or carted appraiser at no less than the specified purchase trice. it there is a ban contingency, Buyer's removal of the loan contingency shell be deemed removal of thle appraisal aonlegs ncy (or, 0 if checked, Buyer aced, as *edged In paragraph 148(3), In writing remove the appraisal contingency or cane this Agreement within 17 (or ) Days After Acceptance). If piers is no loan contingency, Buyer shall, es specified in paragraph 14B(3), in wridrwg remove the appraisal contingency or cancel this Agreement within 17 (or ) Days Alter Acceptance. J. 0 ALL CASH OFFER Of checked): Buyer shad, wdhln 7 (or 0 ) Days After Acceptance, Deliver to Seder written verification of sufficient funds to dose this transaction. Of checked, 0 verification atalhd.) K. BUYER STATED FINANCING: Seiler 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 ben, or ad cash). If Buyer seeks alternate financing, (I) Seller has no obligation to cooperate with Buyers efforts to obtain such financing. and (I) Buyer shag also pursue the financing method specified in this Agreement. Buyers failure to secure alternate financing does not excuse Buyer from the obtgetion to pwwdta'e the Property and dose escrow as speclted In the Agreement. 4. ALLOCATION OF COSTS (d checker): Unless otnewe to r specified in writing, this paragraph only determines who is to pay for the inspection, test Of SWAM Mood" mentioned; it doss not detente* who Is to pay for any work recommended or tdentined in the Report. A. INSPECTIONS AND REPORTS: (1) 0 Buyer ® Seller shall pay for an knspedtion and report for wood destroying pests and organisms ('Wood Pest Report) prepared by SE, j ji,Fs Choice a registered structural pest control company. (2) 0 Buyer 0 Seller shad pay to have septic or private sewage disposal systems pumped and inspected (3) 0 Buyer 0 Seller shall pay to have domestic weds tested for water potability and productivity (4) 0 Buyer 62 Sailer shall pay for snaking hazard zone disclosure report prepared by Bira t A sor tcaa err S3ediar (5) O Buyer 0 Seder shall pay for tie Mowing Inspection or report (I) 0 Buyer 0 Seiler shell pay for the folowwing inspection or report B. GOVERNMENT REQUIREMENTS AND RETROFIT: (1) 0 Buyer ® seder shad pay for smoke detector installation andfor water heater bracing, if required by Law. Prior to Close of Escrow. Seder shed provide Buyer written stetsment(s)a compliance in accordence with state and local Law, unlasa exempt. (2) 0 Buyer 0 Seiler shall pay the noel of compliance with any other minimum mandatory government retrofit standards. inspections and reports 4 required as a condition of dosing escrow under any Law. C. ESCROW AND TITLE: (1) ® Buyer ® Seder shall pay escrow fee Inch to pay his/her 0Mp Escrow Holder shall be jnraa s t.. Amcor (2) 0 Buyer ® Seder shalt pay for owner's Lae insurance policy epedded in paragraph 12.E Owners sae policy to be issued by jira t American (Buyer shad pay for any We insurance policy instating Buyers lender, unless otherwise agreed in writing.) 0. OTHER COSTS: (1) 0 Buyer ® seder shed pay County transfer tax or fee (2) ❑ Buyer 0 Seller shall pay City transfer tax or fee (3) 0 Buyer 0 Seder shall pay Momecwwnara Aseociadon NOA) transfer fee (4) 0 Buyer m Seller shall pay HOA document preparation fees RaZatad Fees (5) 0 Buyer 0 Seder shalt pay for any privets transfer fee 05) 0 Buyer ® Seder shad pay the cost, not b exceed 5 350.00 , of a oneryeer home warranty plan, Issued by Migicican Same Shie2,¢ r with the blowing optional coverages: ® Air Conditioner 0 PooVSpa 0 Code and Permit upgrade ® Other: Aaaaliagrate Buyer is informed that home wwarranly peens have many optional creamers in addition to those acted above. Buyer Is advised to investigate these coverages to determine those that may be suitable for Buyer. (7) O Buyer O Saber shed pay for (fi) ❑ Buyer 0 Saber shall pay for Buyers initials ( ) ( ) Seders initials ( ) ( ) Cappleht 01991-2010, CALIFORNIA ASSOCIATION OF REALTORSO. INC RPA-CA REVISED 4f10 (PAGE 2 OF a) I Reviewed b' Deis Meng CAUFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 2 OF e) 438410 elm DRAFT FOR DISCUSSION Property Address: 42190 Verdi') Lana or 42218 Verctin Lane Date: 6. CLOSING AND POSSESSION: A. Buyer intends (or © does not intend) to occupy the Property as Buyer's primary residence. B. Sellet-occupied or vacant property: Possession shall be delivered to Buyer at 5 PM or (® l AM [] PM). on the date of Close Of Escrow; D on , orEl no later than Days After Close Of Escrow If transfer of title and possession do not occur at the same tome, Buyer and Seiler are advised to (f) enter into a wntten occupancy agreement (C A R Form PAA, paragraph 2), and (it) consult with their insurance and legal advisors C. Tenant-occupled property: (I) Property shall be vacant at least 5 (or ) Days Pnar to Close Of Escrow. unless otherwise agreed in wnnng. Note to Seller: if you are unable to deliver Property vacant in accordance with rent control and other applicable Law, you may be in breach of this Agreement. OR (li) (if checker) 0 Tenant to remain in possession. IC AR Form PAA, paragraph 3) D. At Close Of Escrow, (I) Seller assigns to Buyer any assignable warranty rights for items included in the sale, and (if) Seller shall Deliver to Buyer available Copies of warranties. Brokers cannot and will not determine the assignability of any warranties E. Al Close Of Escrow. unless otherwise agreed in writing, Seller shall provide keys and/or means to operate at locks, mailboxes, security systems, alarms and garage door openers, If Property is a condominium or located in a common interest subdivision, Buyer may be required to pay a deposit to the Homeowners' Association rHOA") to obtain keys to accessible HOA facilities. a. STATUTORY DISCLOSURES (INCLUDING LEAD -BASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS: A. (1) Seller shall, wthin the time specified in paragraph1 14A, Deliver to Buyer, if required by Law, (I) Federal Lead -Based Paint Disclosures (C.AR Form FLD) and pamphlet ("Lead Disclosures"); and (II) disclosures or notices requred 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 Disclosure Statement ("TDS"), Natural Hazard Disclosure Statement ("NHD"), notice or actual knowledge of release of illegal controlled substance, notice of special tax andlor assessments (or, if allowed, substantially equivalent notice regarding the Mello -Roos Community Facilities Act and improvement Bond Act of 1915) and, if Seller has actual knowledge, of industnal use and military ordinance location (C.A.R. Form SPQ or SSD). (2) 8uyer shall, w.thin the time specified in paragraph 14B(1), return Signed Copies of the Statutory and Lead Disclosures to Seller (3) In the event Seiler, pnor to Close Of Escrow, becomes aware of adverse conditions materially affecting the Properly, or any material Inaccuracy in disclosures, information or representations previously provided to Buyer. Seller shall promptly provide a subsequent or amended disclosure or notice, in writing. covering those items. However, a subsequent or amended disclosure shall not be required for conditions and material Inaccuracies of which Buyer is otherwise aware. or which are disclosed in reports provided to or obtained by Buyer or ordered and paid for by Buyer (4) If any disclosure or notice specified on 6A(1), or subsequent or amended disclosure or notice rs Delivered to Buyer after the offer is Signed, Buyer shall have the right to cancel this Agreement within 3 Days After Delivery in person, or 5 Days After Delivery by deposit in the mail, by giving written notice of cancellation to Seller or Seller's agent (6) Note to Buyer and Seller: Waiver of Statutory and Lead Disclosures is prohibited by Law. B. NATURAL AND ENVIRONMENTAL HAZARDS: Within the time specified in paragraph 14A. Seller shall, if required by Law (f) Deliver to Buyer earthquake guides (and questionnaire) and environmental hazards booklet, (ft) even it exempt from the obligation to provide a NHD, disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inurdation) Area, Very High Fire Hazard Zone; State Fire Responsibility Area: Earthquake Fault Zone, Seismic Hazard Zone, and (tiff disclose any other zone as required by Law and provide any other information required for those zones. C. WITHHOLDING TAXES: Within the time specified in paragraph 14A, to avoid required withholding, Seller shall Deliver to Buyer or qualified substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholdng Law. (C A R, Form AS or QS) D. MEGAN'S LAW DATABASE DISCLOSURE: 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 site maintained by the Department of Justice at www meganslaw ca gov Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZiP Code in which he or she resides (Neither Seller nor Brokers are required to check this websrte. If Buyer wants further information, Broker recommends that Buyer obtain information from this websrte during Buyer's inspection contingency period Brokers do not have expertise in this area ) 7. CONDOMINiUM/PLANNED DEVELOPMENT DISCLOSURES: A. SELLER HAS: 7 (or Q ) Days After Acceptance to disclose to Buyer whether the Property is a condominium, or is located in a planned development or other common interest subd vision (C.A.R. Form SPQ or SSD). B. if the Property is a condominium or is Located in a planned development or other common interest subdivision. Seller has 3 (or (� ) Days After Acceptance to request from the HOA (CA R Form HOA)• (I) Copies of any documents required by Law (il) disclosure of any pending or anticipated damn or litigation by or against the HOA; (Ili) a statement containing the location and number of designated parking and storage spaces, (Iv) Copes of the most recent 12 months of HOA minutes for regular and spec al meetings, and (v) the names and contact information of all HOAs governing the Property (collectively, "Cl Disclosures") Seller shall itemize and Deliver to Buyer all CI Disclosures received from the HOA and any CI Disclosures in Seller's possession. Buyer's approval of Ci Disdosures is a contingency of this Agreement as specified in paragraph 14B(3) 8. ITEMS INCLUDED IN AND EXCLUDED FROM PURCHASE PRICE: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MLS, flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in 88 or C B. ITEMS INCLUDED IN SALE: (1) All EXISTING fixtures and fittings that are attached to the Property, (2) EXISTING etectncal, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas togs and grates, solar systems, built-in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas. satellite dishes, private integrated telephone systems, a r coolersiconcfitioners. poollspa equipment, garage door openers/remote controls. mailbox, in -ground lancscaping, trees/shrubs, water softeners, water purifiers, security systems/alarms; Of checked stove(st. refrigeratorls). and (3) The following additional items: Solar System if so equipped, (4) Seller represents that all items included in the purchase price, uness otherwise specified, are owned by Seller (6) All items Included shall be transferred free of hens and without Seller warranty. C. ITEMS EXCLUDED FROM SALE: Unless otherwise specified, audio and video components (such as flat screen TVs and speakers) are excluded If arty such item is not itself attached to the Property, even if a bracket or other mechanism attached to the component is attached to the Property; and Buyer's Initials ( ) ( ) Seller's Initials ( ) ( I sstpyryphr ,r, WA _hilt) UAL IFUN° i IA AiSSOCIA, JUN Ur °rtAL Urine 4rac; RPA-CA REVISED 4110 (PAGE 3 OF 8) I Roviewed by Date CAUFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 3 OF 8) DRAFT FOR DISCUSSION Property Address: 42190 Verdin Lane or 42218 Verdin Lane Data: 9. COND'ITION OF PROPERTY: Unless otherwise agreed (I) the Property Is sold (a) in is PRESENT physical ("as -is") condition as of the dabs of Acceptance and (b) subject to Buyer"' Investigation rights; (4) the Property, including pool, spa, landscaping and grounds. is to be maintained in substantially the same condition as on the date of Acceptance; and Did all debris and personal property not included in the sale shall be removed by Seller by Chose Of Escrow. A. Seiler shad, within the time spedkd in paragraph 14A. DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property. including known Insurance claims within the past Iva years. and make any and all other disclosures required by taw. B. Buyer toes the right to inspect the Properly and. as seedbed in paragraph 14B. based upon information discovered in those tnapacions: (i) cancel this Agreement; or (H) request that Seiler matte Repairs or take otter action. C. Buyer is strongly advised to conduct iswstigMlons of the entire Property hi order to determine its present aeration. Seller may not be aware of ail defects affecting the Property or other factors that Buyer considers important. Property Improvements may not be built according to cods. in caapttance witty current Law, or have had permits Issued. 10. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A Buyer`s acceptance of the condition of, and any other matter affecting the Property, is a contkgency of this Agreement se specified in This paragraph and paragraph 14B. WNhtn the time spec$ed in paragraph 14B(1), Buyer shall have the right, at Buyer's expense unless otherwise agreed. to conduct khspecttons, invesegalkins, tests, surveys and other skates ("Buyer invests aUons'). kickidin , but not limited to, the right to: (t) inspect for lead -based paled and other teed -baled paint hazards: (f) Inspect for wood destroying pests and organisms; (m) review the regleterod sax offender database; (M confkm the insurability of Buyer and the Property; and (v) sallafy Buyer as to any mailer spelled in the attached Buyer's inspection Advisory (CAR. Form BIA). Without Seller's prior written consent, Buyer shall neither make nor cruse to be made: (I) Invasive or destructive Buyer Investigations; or (!Q krspelon s by any governmental building or zoning Inspector or government employee, unless required by Law. B. Seiler shall make the Property available for all Buyer t Buyer shall (1) es specified in paragraph 148. complete Buyer Investigations and, either remove the continency or cancel this Agreement, end (11) give Serer, at no cost, complete Copp of all Investigation reports obtained by Buyer, which obegodon shell survive the tsminetcn of this Agreement. C. Seller stall have water, gas, elecMdty and alt operable plot tights on for Buyer's Investigations and through the data possession Is made available to Buyer. D. Buyer Indemnity and Salter protection for entry upon property: Buyer shalt: (I) keep the Property free and dear of liens; (ill repair ail damage arising from Buyer kwesllgatans; and VI) Weevilly end hold Seller harmless from at resulting liebtlty, dekrha, demands, damages and costs of Buyer's investigation*. Buyer shalt any, or Buyer shall require anyone scbng on Buyer's behalf to carry, policies of lability, workers' compensation and other applicable Insurance, defending and protesting Saler from liability for any injuries to persons or property occurring during any Buyer investigations or work done on the Property al Buyer's direction prior to Chose Of Escrow. Se11sr Is advised that certain protections may be afforded Seller by recording e "Notice of Non're onsibittyt' (CAR. Form NNR) for Buyer Investgelons end work done on the Property al Buyers direction. Buyer's obligations under this paragraph shall survive the termination or cancellation of this Agreement and Goes of Escrow. 11. SELLER DISCLOSURES; ADDENDA: ADVISORIES: OTHER TERMS: A. i NMr Disclosures (if checked): Setter shalt, within the time specified in parattraoh 14A. complete and wovide Buyer with a: ® Seller Property Quedonnake (CAR. Form SPQ) OR I Shpplmhentei Contractual and Statutory Disdain (C.A.R. Farm SSD) B. Addenda (if abetted►: Addendum hit 1 (CAR. Form ADM) ® Wood Destroying Pest Inspection and Allocation ofCost Addendum (CAR. Form WPA) 8 Purchase Ameament Addendum (C.A.R Form PAA) 8 Septic, Well and Property Monument Addendum (C.A.R. Form SWPI) Short Sale Addendum (CAR. Form SSA) Other C. Advisories (if checked): Buye's inspection Advisory (CAR. Form 131A) 8 Probate Advlsory (CAR. Form PAK) a1 Statewide Buyer and Sailer MAKIN (C.A.R. Foam SBSA) Trust Advisory (CAR. Font TA) ❑ REO Advisory (CAR. Form REO) D. Other Terms: 12. TITLE AND VESTING: A Within the dare specited In paragraph 14, Buyer shall be provided a currant prelkrhkuhry its report which shell include a search of the General Index. Seller shell within 7 Days After Acceptance gave Escrow Holder a completed Statement of intonation. The pdkn1naayr report is only en offer by the the insurer to issue a policy of tits lnsu once and may not contain every item affecting dice. Buyer's review of the preliminary report and any otter nutters which may affect tits are a ointirngency of this Agreement as specified in paragraph 1413. 8. Title Is leken in Ns present condllion subject to all encumbrances, easements. covenants, conditions, restrictions. rights and other matters, Whether of record or not, as of the date of Acceptance except: (i) monetary Hens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (t) Was matters which Safer has agreed to remove in writing. C. Within the tins apercffed in paragraph 14A, Seller has a duty to disMose to Buyer at natters known to Seiler affecting title, whetter of record or not D. At Close Of Escrow, Buyer shell receive a grant deed conveying tide (or, for stock cooperative or long-term tease, an assignment of stock cerdNcste or of Seder's leasehold Interest), including oil, mineral and water rights if amenity owned by Seller Title shelf vest es designated in Buyer's supplemevdal escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. E. Buyer shell receive a CLTNALTA Homeowner's Policy of Title Insurance. A this company, at Buyer's request, can provide tnlormabon about the availability, desirability, coverage, survey requirements. and cost of various title hhshtance coverages and endorsements. if Buyer desires tide coverage oilier than that required by this paragraph. Buyer shad instruct Earner Holder In writing and pay any increase in out. 19. SALE OF BUYER'S PROPERTY: A. This Agreement Is NOT contingent upon the sale of any property owned by Buyer. OR B. 0 (4 checked): The attached addend= (CAR. Fan COP) regarding the contingency for the sale o1 property owned by Buyer is incorporated into this Agreement. Buyer's Initials ( ) ( ) Seders initials ( ) ( Capyhrpha01SM-2DfaCALIFORNIA ASa0CNil0NtFREALTORS%INC. Reviewed by ode RPA-CA REVISED 4f10 (PAGE 4 OF S) were mar CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA.CA PAGE 4 OF 8) 43840 Slueben DRAFT FOR DISCUSSION property Alas: 42190 Verdin Lan. or 42218 Verdin Lane Date: 14. TAW PERIODS: REMOVAL OF CONTINGENCIES: CANCELLATION RIGHTS: The tattowNhg time periods may only be extended altered, meddled or changed by mutual written agreement Any removal of contingencies or cancellation wider Web paragraph by either Buyer or Seiler must be exercised in good faltih end h writing (CA.R. Form CR or CC). A. SELLER HAS: 7 (or ® SS ) Days After ACrnplanoe to Deliver to Buyer ail Reports, disdosunes end information for ivhidr Sailer is responsible under paragraphs 4, 8A. 8 and C, 7A. 9A.11A and 8, and 12. Buyer may give Seller a Notice to Setter to Perform (CA.R. Form NSP) 11 Setter has not Delivered the Nems within the lime apedfied. B. (1) BUYER HAS: 17 (or 0 ) Days After Acceptance, anless otherr+tae agreed in veiling, to: (I) complete ad Buyer Investigations; ammo as disclosures, reports and ether applicable information, Buyer receives from Setter, and approve ea other matters effsotkng the Property; and (i) Deaver lo Seiko Stgned Copiea of S1a41bory and Lead Disclosures Delivered by Sailer in accordance With paragraph 6A. (2) WOW the erre spridad in 148(1), Buyer may request that Seiler make repairs or We any other action regarding the Property (CAR. Farm RR). Seller has no obligation to agree to or respond to Buyers requests. (3) Within the time apedkd in 148(1) (or as otherwise 'paraded in this Agreement), Buyer shall Deaver to Seller either (t) a removal of the applcabte contingency (CAR. Form CR). or (l) a cancellation (CAR. Fonn CC) of this Agreement based upon a contingency or Sellers failure to Deaver the ape lied items. However, It any report, dtsdoau►s or kWomwSon for welch Seller is responsible Is not Da waned within the ems speeded in 14A, then Buyer ices 5 (or 0 ) Deys After Delivery of any such items, or the time spedaed In 148(1), whichever Is later, b Deaver to Seiler a removai of the applicable co ntngency or cancellation of this Agreement. (4) Continuation of Contingency: Even alter line cad of the time speeded in 148(1) and before Seller cancels this Agreement, t et at. pursuant to 14C, Buyer retains the right to either (I) in writing remove remaWne contingencies, or (d) cancel this Agreement based upon a remaining .. d , .. or Seder's failure to Deaver the speeded terms. Once Buyer's written removal of all coalmen*" Is Delivered to Seiler, Seiler may riot cancel this Agreement pursuant to 14C(1). C. SELLER RIGHT TO CANCEL: (1) Soifer rigid to Caul, Buyer Contingencies: if, within tune speckled In this Agreement, Buyer does nal, In wrking, Deliver to Sailer a removal of the apptcable conlingency or cancellation of this Agreement then Sailer, after first Delivering to Buyer a Notice 10 Buyer to Perform (CAR. Fonn NOP) may anal this Agreement In such event, Sir shell authorize return of Buyer's deposit. (2) Seiler rigid to Cancel; Buyer Contract Obligations: Seller, after firs Delivering to Buyer a NBP may cancel thls Agreement for any of the following reasons: (1) i< Buyer fells to deposit funds as required by 3A or 38: Mt the funds deposited deemed to 3A or 38 ere not good when deposited: (Ili) I Buyer fats to Deliver a notice of FHA or VA crests or terns as required by 3C(3) (CAR. Form FVA): (fv) if Buyer fails to Deliver a letter as required by 31i; (v) if Buyer fele to Deaver verification es required by 3G or 3J: (v1) If Seler reasonably &approves of the verification provided by 3G or 3J; (di) if Buyer tails to return flay and Lead Disdosunes as required by paragraph 5A(2): or (v411 M Buyer fads to sign or initial a separate !Outdated damage form for an increased deposit as required by paragraphs 38 and 25. In such event, dieter shall authorize return of Buyer's deposit. (3) Notice To Buyer To Perform: The NEP shall: (I) be in waling: (It) be signed by Salle; and (111) give Buyer at least 2 (or Q ) Days After Delivery (or unit the lime dredged In the applabla pororeph, whichever occurs last) le tote the spp$cebts action. Algtirroiy not be Detested any eertler than 2 Days Prior to the expiration of the applicable time for Buyer to remove a contingency or cancel this Agreement or meet an obligation specified in 14C(2). D. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in veiling, any Contingency or cancellation rights, unless otherwise specified in a separate written agreement between Buyer and Serer. Buyer shill with regard to that .. , or cancellation right conclusively be deemed to have: (9 completed all Buyer Investigations, and ►.view of reports and other applicable fntomalfon and declaims; (11) elected to proceed with the transaction; and (ill) assumed ail liability, reponsibkty and expense for Repairs or oomectons or for inability to obtain financing. E. CLOSE OF ESCROW: Before Sailer or Buyer may cancel this Agreement for failure of the other party to dose ssaaw pursuant to this Agro.menl, Seder or Buyer must fist give the other a demand to dose escrow (CAR. Form DCE). F. EFFECT OP CANCELLATION ON DEPOSITS: if Buyer or Sear gives written notice of cancellation pursuant to tights duly exercised under the tares of this Agreement, Buyer and Seiler agree to Sign mutual &laGudions to cancel the sale and escrow and release deposits, if any, to the party entlled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Release of funds will require mutual Signed release instructions from Buyer and Seller, Instructions B no good dicial decision or � d dispute existsaward. A asBuyer who b entllled deposed funds (ChAM Cods $1057.3or Seller may be subject to a civil penalty of up to ) 000 for refusal h .Igor such 15. REPAIRS: Repairs shalt be completed prior to final veriWston of condition unless othenries agreed In writing. Repairs to be performed at Seders expense may be performed by Seiler or through others, provided that the work complies with applicable Law, including governmental pemel. Inspection and approval requirements. Repairs sad be performed in a good, 1Wabd manner with materials of quality and appearance comparable to existing metierteis. It Is understood that exact restoraton of appearance or cosmetic tare fanning all Repairs may not be possible. Seller shall: (I) obtain receipts for Repairs performed by otters: (I) prepare a written statement Indicating the Repairs performed by Seiler and the dole of such Repairs; and (III) provide Copies of receipts and statements to Buyer prior to final verification of oond ion. 18. FINAL VERIFICATION OF CONDITION: Buyer shaft have the right to make s 8na1 inspection of the Property within 5 (or ) Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (1) the Property is maintained pursued to paragraph 9; (II) Repairs have been completed as agreed: and (erg) Seiler has complied wlh Seders other obligations under this Agreement (CAR. Form VP). 17. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless dhenwds. agreed in wrung. to foaowIng terra slat be PAID CURRENT and prorated between Buyer and Serbs as of Close Of Of real propertytytaxes and assessments, interest. rents, HOA regular, �sppeecial, and emergency dues and I I'�,u 1.1411 • Li imposed prior to dose Of E.scmw. pranks/no On Insurence assumed by Buyer, paymentson bonds and assessments assumed by Buyer, and payments on Melo-Roos and other Special Assessment District bonds end assessments that area arrant den. The Tenoning Items stall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Maio -Roos and other Special Assessment District bonds and assessments and HOA apeciel assessments that are a current lien but not yet due. Property vial be reassessed upon change of ovnership. Any supplemental tax bills shall be paid as follows: (I) for periods after Close Of Escrow, by Buyer, and (44) for pelodi prior to dose Of Escrow, by Seller (see CA.R. Form SPT or SSSA for further information). TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL 8E HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Proration shell be made based on e 30-day month. Buyer's initials ( ) ( Cop„IgM 0 S9014010. CALIFO.NA ASSOCIATION OF REALTORSet INC. RPA-CA REVISED 4I10 (PAGE 5 OF 8) Sellers Inhale ( ) ( IReviewed by Oslo CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 5 OF 8) warms vieirapory DRAFT FOR DISCUSSION Property Address 42190 Verdin Lane or 42218 Verdin Lane Dat.: 18. SELECTION OF SERVICE PROViDERS: Brokers do not guarerdee the . , ,, of arty vendors, service or product providers ("Providers"), Whether referred by Broker or selected by Buyer, Seiler or other person. Buyer and Seller may select ANY Providers of ("heir own choosing. 19. MULTIPLE LISTING SERVICE ("MI.B"): Broilers are authorized to report to the MLS a pending sake and. upon Cosa Of Escrow. the sales prise and Other tarns of this transaction shalt be provided to the MLS to be published and disseminated to parsons and entitles authorized to use the information on tames approved by the MS. 20. EQUAL HOUSING OPPORTUNITY: The Property Is sold in compliance with Wand, state and local and -dish Laws, 21. ATTORNEY FEES: In any action, pmcesdng, or arbitration bsiweel► Boyar and Seller arising out of this Agreement, the prevailing Buyer or Seller stall be entitled to reaaonebtc at1rney fees and costs from the non -prevailing Buyer or Saber, except as provided in paragraph 25A. 22. DEFINmONB: As used to this Agreement A. Acceptance means the time the offer or final counter offer as accepted M carting by a party and is dettvered to and personalty received by the other party or that party's aged agent in accordance wth the temps of this offer or a final counter offer. B. C.A.R."Form" means the specific form referenced or anther comparable form agreed to by the parties. C. "Close Of Escrow" means the date the grant deed, or other evidence of transfer of titre, is recorded. D. "Copy" means copy by any meats including photocopy, NCR, facsimile and electronic. E. "Days" means calendar days. However, After Acceptance, the last Day for performance of any ad required by this Agreement (including Close Of Escrow) shall not include any Saturday, Sunday, or legal holday and shall instead be tihe next Day. F. "Days Aflee" means the spedtled number of calendar days after the occurrence of the event specified, not counting the calendar date on which the apes fled event occurs, and en ding at 11:59PM on the final day. G. "Days Prior" means the spec eled number of calendar days fanfare the ooaarance of the event epeclfled, not counting the calendar data an which the specified ewwd is scheduled b occur. H. "Deliver", "D&tvs ld" or "DNhrery", regardless of the method used (1.s. monger, mall, end, fax. other), mean and shall be effective upon (1) personal raced by Buyer or Seller or the I ndNIdtrad Red Estate License. for that prindpet as spedfiad in paragraph 0 of the section Ned Real Estate Broken an page 8; OR (il) If ahscked, Q per the attached addendum (CAR. Fonn RDN). L "Electronic Copy" or "Electronics Signature" mac na. es applicable, an electronic copy or signature complying with California Law. Buyer and Slitter agree that electronic means will not be two by either party to modify or after the content or integrity of this Agreement without the browiadgs and consent of the oiler party. J. "Law" awns any law, code, statute. ordinance, reegtsstton, rule or order, which is adopted by a controlling city. county. state or federal legislative. judicial or executive body or agency. K. "Repairs" means any repairs (tfld dig pest control), alterations, replacements, rrodfitstbres or retrofitting of the Property provided for under this Agreement. L "Signor' means either a handwritten or electronic signature an an originai doe meant. Copy or any counterpart. 23. BROKER COMPENSATION: Seller Or Buyer, Ot ilbth, as applicable, agrees to pay to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow. or if escrow does not dose. as otherwise specified in the agreement between Broker and that Seiler or Buyer. 24. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of ids Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder Is to use along wells any related counter offers and addenda, and any additional mutual instructions to dose the esc ow:1. 3. 4, 8C, 118 and 0,12, 138, 14F, 17, 22, 23. 24, 28, 30, and paragraph 0 of the sacker titled Real Estate Broken on page 8. If a Copy of the separate compensators 'grooming') provided for in paragraph 23, or paragraph 0 of the section titled Real Estate Brokers on page 8 is deposited with Escrow Holler by Broker. Escrow Holder shall accept such agreement(a) and pay out of Buyer's or Sa ier's funds, or both, as applicable, the respective Broker's compensation provided for in such agreemeni(s). The terms and condtons of this Agreement not specifically referenced above, in the specified paragraphs are additional matters for the information of Escrow Holder. but about which Escrow Holder rased not be concerned. Buyer end Seller MI receive Escrow Holder's general provision directly from Escrow Holder and will execute such provisions upon Escrow Halds?s request To the extent the general provisions are tnconsident or conflict with this Agreement. the general provisions will control as to the duties and obligatlons of Escrow Holder only. Buyer and Seiler will execute additional instructions, documents and tombs provided by Escrow Holder that are reasonably necessary to close the escrow. B. A Copy of this Agreement shall be delivered to Escrow Holder within 3 business days after Acceptance (or 0 ). Escrow Holder shall provide Setters Statement of Information to Tile company when received from Seder. Buyer and Salter authorize Escrow Holder to accept and ray on Copies and Slgnal ens as defined In this Agreement as originals, b open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. C. Brokers are a party brie asavw for the sole purpose of compensation pursuant to paragraphs 23 and paragraph 0 of the section titled Real Estate Broken on page 8. Buyer and Sailer irrevocably assign to Brokers compensation specified in paragraphs 23, respectively, and krevocably instruct Escrow Holder to disburse those funds to Bearers at Class 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 Salter shall release and hold harmless Escrow Holder from arty liability resulting from Escrow Holders payment to Broker(s) of compensation pursuant to this Agreemera. Escrow Holder shad Imreradetyr ndify Brokers: (I) If Buyers initial or any additional deposit Is not made pursuant to this Agreement. or Is not good al time of depoalt with Escrow Holder; or (it) it either Buyer or Seller instruct Escrow Holder to cancel escrow. D. A Copy of any amendment that effects any paragraph of this Agreenent for which Escrow Holder is responsible shall be delivered to Escrow Folder within 2 business days after mutual execution of the amendment. Buyers InNels ( ) ( ) Seller's initials ( ) ( ) cornett o 1991-zero. CALWORNIA ASSOCIATION OF RE LTOR INC. RPA-CA REVISED 4110 (PAGE 6 OF i) Print Date i Reviewed by Doke CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA•CA PAGE 6 OF 6) arm DRAFT FOR DISCUSSION property Address.. 42190 Verdin Lane or 42218 Verdict Lane 0ate. 25. LIQUIDATED DAMAGES: If Buyer fails to comets* this purchase because of Buyer's default, Seller shall retain, as intendsliquidated damson, the deposft actually Buyer to occupy, then the amount retained shall beid. If the ns n�which is a dweigng with no more than four units, one of a than 3% the purchase price. Any excess shall be returned to Buyer. Release of funds wUJ require mutual, Signed release Instructions from both Buyer and Seller, judicial decision or arbitration award. AT TIME OF THE INCREASED DEPOSIT BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION FOR ANY INCREASED DEPOSIT. (C.A.R. FORM RID). 2a. tt$PUTE RESOLLMON: t Buyer's Maisie Salla"a initials i A. MEDIATION: Buyer and Soler agree 10 mediate any dispute or Metro arising between them out of this Agreement, or any resulting transaction, before rssarttng to swbilratlmn or court action. Buyer and Seiler also agree to mediate any disputes or chaos with Brcker(s), who. M twltng, agree to such mediation prior to, or within a reasonable firm alter, the dispute or claim is presented to the Broker. Whelan bees, if any. shalt be divided equally among the parties tracked. It for any dispute or cake to which this paragraph applies, any party (i) commences an action without find attempting to resolve the matter through mediation. or (11) before commencement of an action, refuses to mediate after a request has been made, then that party shalt not be entitled to recover attorney feu, even N they would otherwise be available to that party In any such action. THiS MEDIATION PROVISION APPLES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are spar:Med in paragraph 20C. B. ARBITRATION OF DISPUTES: Buyer and Seiler agree that any dispute or claim in Law or equity artalrtg between than out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by nehdral, binding arbitration. Buyer and Seiler also agree to arbitrate any disputes or claims with Brotser(s), who, M writing, ague to such arbitration prior to, or within a reasonable time agar, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. The parties shall have the right to discovery in accordance with Code of Civil Procedure 11283.05. In ail other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Entorcemant of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 26C. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS IICUJDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALFORPNA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED 1N A COURT OR JURY TRIAL. BY INiTIAUNG IN THE SPACS BELOW YOU ARE WING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CAUFORNiA CODE OF CML PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY" "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Buyer's Miele.....=„miLaimimw. Senses initials 1 _....rwee•J C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: (1) EXCLUSIONS: The following matters shag be excluded front mediation and arbitration: (i) a judicial or non udiclsi forectown or other action or proceeding to enforce a deed of truest, mortgage or installment land sale contact u defined M Civil Code 120e5; (II) an unlawful detainer action; (III) the filing or enforcement of a mechanic's lien; and (iv) any matter that is within the jurisdiction of a probate, small Maims or bankruptcy court The filing of a court action to enable the rsoordi g of a notice of pending action. for order of attachment, receivership, 1nju nctboe, or other provisional remedies. shalt not constitute a waiver or violation of the mediation and arbitration provision. (2) BROKERS: Brokers shaft not be obeamed or compelled to mediate or arbitrate unless they agree to do so In writing. Any Brokers) participating In mediator' or arbitration shag not be deemed • party to the Agreement. 27. TERM$ AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terms and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph is incorporated in this Agreement if initialed by all parties or N incorporated by mutual agreement in a counter offeror addendum. Nat Crest one but not all parties initial such paagraph(s), a counter offer is required until agreement is reached. Seiler has Out right to continua to offer the Property for sale and to accept any other offer at any time prior to notation of Acceptance. ft this offs is accepted and Buyer subsequently defaults. Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or nadilcaton, including any Copy, may be Signed in two or more counterparts, all of wblch shell constitute one and the same welting. 20. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time Is of the essence. Ail understandings between the pestles ere incorporated in this Agreement. its terms are intended by the parties as a final, complete and exclusive expression of their Agreement wAtt rasped te its aublect metier, and may not be .. r, 1 by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions wi1 nevertheless be given full force and effect. Exoapf as otherwise spectAad, this Agreement stop be interpreted and disputes shad be teaolved in accordance with the laws of the Slate of Caltlemia. Neither dee Agreement nor any provision In 11 may be sxisnded, amended, modified, altered or changed, except M writing Signed by Buyer and Seiler. Buyer's initials ( ) ( ) Setters !Meals ( ) I ) Copyr(ehr C 19914010. CALIFORNIA ASSOCIATION OF MAMMA INC. RPA-CA REVISED 4I10 (PAGE 7 OP II) by Deb) I 1rwn CAUPORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 7 OF 0) DRAFT FOR DISCUSSION Property Address: 42190 Verdin Lane or 42218 Vardin Lane Dale: 29. EXPIRATION OF OFFER: This offer shall be deemed revoked end the deposit ahmt be returned unless the alter is fined by Seller and a Copy of the Signed offer is pensona1y received by Buyer. or by , Who is authorized to retsfve II, by 5:00 PM on the third Oay alter Bus oiler Am is P� cxr by B� tor, R chadrad,(j•'1 try Buyer has read and acknowledges receipt of a Copy o the offer and agrees to the above confkmsttan d agency relationships. �abej} Date Gate BUYER BUYER A qualified low or moderate income buyer (Per tee) (Friel name) (Addaess) 0 Additional Signature Addendum attached (C.A.R. Form ASA). 30. ACCEPTANCE OF OFFER: Setter warrants that Seller Is the owner of the Property, or has the authority to execute this Agreement Seller accepts the above offer, apnea to sell the Property on the above tens and conditions, and agrees to the above won of agency retefonships. Seller has read and acknowledges receipt of a Copy of this Agreement, end authorizes Broke►ta Deliver a Signed Copy to Buyer. 0 (If checked) SUBJECT TO ATTACHED COUNTER OFFER (C.A.R. Farm CO) DATED: Date Date SELLER SELLER Das rt Mousing Authority (Address) 0 Additional Signature Addendum attached (CAR. Penn ASA). { / ) CONFiRMAT1ON OF ACCEPTANCE: A Copy of Signed Acceptance was personally received by Buyer or Buyer's authorized (initials) agent on (data) at 0 AM 0 PM. A bindbig Agreement te crested when e Copy of Signed Acceptance Is personally received by Buyer or Buyer's euthortzsd agent whether or not confirmed In this document Completion of this conttrrnation Is not legally required In order to create a btnding Agreement. It Is solely Intended to evidence the date that Confirmation of Acceptance has occurred. REAL ESTATE BROKERS: A. Real Estate Brokers am not partts& to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated In paragraph 2. C. If specified in parugmph 3A(2). bent who subrrdtted the offer for Buyer as' , i., , /,1, t of deposit. D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Bracer agrees to accept. out of Listing Bracer's proceeds In escrow: (I) the amount spectOed In the MIS, provided Cooperating Broker Is a Participant of the MIS in wilch the Property is offered for sale or a reciprocal MIS; or (N) 0 (tf checked) the amount specified In a separate written agreement (CAR. Form CBC) between Listing Broker and Cooperetng Broker. Declaration of License and Tax (CA.R. Form DLT) may be used to document that tax reporting wig be required or that bar exemption extsts. Real Estate Broker (SeIMng Firm) DRE Uc. of DRE UD. iI � ByDRE t.a1Y Telephone Fax tc.mwt Real Estate Broker (Listing Finn) DRE Ur.. ft By ()Kt uc. a! Date Address City State Telephone Fax E-meN ESCROW HOLDER ACKNOWLEDGMENT: Escrow Holler, , J , ,, receipt of a Copy of this Agreement, (if ahedcad, 0 a deposit in the amount of S ), counter offer numbered , j;❑ Senses Statement of Infornml$on and (jj, Olher *dde a1 , and agrees to act as Escrow Holder subject to paragraph 24 of this Agreement, any supplemental tal esaow Instructions and the terms of Escrow Holder's general provisions N any. Escrow Holder Is advised that the date of Confirmation of Acceptance of to Agreement as behveen Buyer and Seller is Escrow Holder prorate Escrow Escrow X By rather 1cMIr Date Address PhonefFaxas Escrow Holder licensed by the California Department of 0 Carpo►aYas.Q Insurance, 0 Real Estate. LWwse 9 PRESENTATION OF OFFER: f )Listing Broker presented this offer to Seller on Stoker or assignee WWI REJECTION OF OFFER: ( ) { ) No counter offer is being made. This offer was rejected by Seller on Seller* Intbsis THIS CORM MS BEM APPROVED SY THE d:AUPORNM ASSOCIATION OF REALTORS, (CAR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY CR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRAABACTION. A REAL ESTATE !OOICER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. NS. IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE Mb form k aYIIloOM far use by Ill antra rail aW s Mussy. II la nal breYltlod le ya�ry ens uwr se s REALTOf* REAI.TOR* Iss mislarstl eolsgbs manbaaM,p malt Stet may a wad soy by members of Ow NATIONAL ASSOCIATION OF REP/TORSO WI10 subsarbr• Os Cadsd0Wos. Publdisd and Oil tit REAL. ESTATE BUSINESS SERVICES, INC. Rif by 8.* c1tw WWI. Association aaREALTORS® I Broker e or Ceognee o u • 525 Safi Vigil AVM, Los Angeles. Califon* 9002t) REVISION DATE via (Print name) CALIFORNIA RESIDENTIAL PURCwIASE AGREEMENT (RPA•CA PAGE II OF 5) Zip (date). (data). CALIFORNIA ASSOCIATION OF ILEALTORS° DRAFT FOR DISCUSSION ADDENDUM (C.A.R. Form ADM, Revised 10/01) 1 No. The following terns and conditions are hereby incorporated in and made a part of the: AI Residential Purchase Agreement, 0 Manufactured Home Purchase Agreement, ❑ Business Purchase Agreement, 0 Residential Lease or Month -to -Month Rental Agreement, 0 Vacant Land Purchase Agreement, 0 Residential Income Property Purchase Agreement. 0 Commercial Property Purchase Agreement, 0 other dated on property known as 42190 Verdin Lane or 42218 Verdin Lane, Palm Desert in which. A guauftea bower of iow or moaerate income and Palm Bisset nobsdig dutnorny is referred to as ("BuyerfTenanti is referred to as ("Seller/Landlord"). The sale of this properly is subject to a public hearina scheduled for June 13. 2013 This ar+gge wD1 have a Restrictive Agrett►ment that Buyermust execute and will be recourse sr me subJecr �� toinvor Ogle Palm period Roush pumwtty Housing Authonr y-i arm resarctions faring our Hot fir. primary residency requirements, resale ,puke restr?ctrons ana a ragnr or resat rrehrsar w the Housing Authority. among other restrictions. The City of Perm vesert and Inc rtousurg Rutnorny may promos sown payment assistance to ensure an anoruaore housing cost: such loan _may be silent for all or cart of the term of the than. the amount at assistance wilt vary but yr,g bo in an amount to snorts an of nrdabia housing cost defined under California's Health and Safety Codes and As Seller is a i riovernment entity and not subi ct to near property taxes, na proration war oe mane mrougn escrow for this purpose. Buyer Is responsible from the dale of escrow closfna for veal property taxes due and will receive .. Dmperty Tsar Mitt riirarf *non fha Tay Cnilartnea Offi a_ The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document. Date Buyer/Tenant Lomas! eat buyer of low or moderate income Buyer/Tenant Date Sesentandbrd Palm Desert Housing Authority Seller/Landlord The copyright laws dots United States (Titles 17 U.S. Code) forbid the unauthorised reproduction of this faun or any portion thereof, by photocopy malt e or any other Beam. Irxiuding fanMMle or computerized formats. CopyrgMC 1955.2001, CALIFORNIA ASSOCIATION OF REALTORS', INC. AU. RIGHTS RESERVED. THIS FORM HAS SEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS" (CAR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANf PROVISION W ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. F YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This tone is avaNrWs for use by the entire rent estate Industry. it Is not intended to Iderd ly the user as a REALTORaD. REALTOR" is a registered calsativs mentbershlp mark k wN 1u11 y be used only by members of One NATIONAL ASSOCIATION OF REALTORS" who subscribe to As Coded Ethics. Published and Dtatribead by: REAL ESTATE BUSINESS SERVICES INC. Is subsiaruyofin CAL1F0RM4 ASSOCIATION OF REALTORS® Reviewed by S25 South W 5 Avarsts Las ArpaMs, Callan* 90020 Stoker or Designee Date ADM-11 REVISED 10/01 DIRGE 1 OF 1) ADDENDUM (ADM-11 PAGE 1 OF 1) Gilkran Griffin Company 1575 Westwood Blvd. N300, Los Angeles CA 90024 Phone:(310) 478-1535 Fax: (310) 478-2135 Giidtxan Griffin Company s rrrmeitn Sanchez, Gloria From: Moeller, Charlene [CMOELLER@palmspri.gannett.com] Sent: Tuesday, May 28, 2013 1:19 PM To: Sanchez, Gloria Subject: RE: Legal Notice - PH 06/13/2013 - 42190 and 42218 Verdin Lane Ad received and will publish on date(s) requested. Charlene Moeller I Media Sales Legal Notice Coordinator The Desert Sun Media Group 750 N. Gene Autry Trail, Palm Springs, CA 92262 t 760.778.4578 I f 760.778.4731 IeaalsC7a.thedesertsun.com / dowleeals@thedesertsun.com The Coachella Valley's #1 Source in News & Advertising! www.mvdesert.com I twitter ,,' 1, 1, facebook This email and any files transmitted with it are confidential and intended for the individual to whom they are addressed. If you have received this email in error, please notify the sender and delete the message from your system From: asanchez(a)citvofpalmdesert.ora[mailto:asanchez(&citvofpalmdesert.orgj Sent: Tuesday, May 28, 2013 1:15 PM To: tds-Iegals Cc: iaonzales(dcitvofoalmdesert.ora; pleon(adcitvofpalmdesert.ora Subject: Legal Notice - PH 06/13/2013 - 42190 and 42218 Verdin Lane PLEASE PUBLISH THE FOLLOWING: NOTICE OF PUBLIC HEARING Regarding the Proposed Approval of a Residential Purchase and Sale Agreement for two (2) Single-family Residences Owned by the Authority Located at 42190 Verdin Lane and 42218 Verdin Lane, Palm Desert, CA 92260 TWICE IN THE DESERT SUN Thursday, May 30, 2013 Thursday, June 6, 2013 If you have any questions or require additional information, please call me. i'1. 94-iia 5ecruch, Records Technician City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 1 NOTICE OF A PUBLIC HEARING OF THE CITY OF PALM DESERT AND THE PALM DESERT HOUSING AUTHORITY REGARDING THE PROPOSED APPROVAL OF A RESIDENTIAL PURCHASE AND SALE AGREEMENT NOTICE IS HEREBY GIVEN that the Palm Desert Housing Authority (the "Authority") will hold a Public Hearing to consider the approval of the DRAFT Residential Purchase and Sale Agreements (the "Purchase and Sale Agreements") by and between the Authority, as seller, and a person or family of low or moderate income, as buyer. The Purchase and Sale Agreements pertain to two (2) single-family residences owned by the Authority located at 42190 Verdin Lane and 42218 Verdin Lane, Palm Desert, CA 92260. A copy of the Purchase and Sale Agreements are 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, California 92260. Said Public Hearing will be held as follows: DATE: TIME: PLACE: Thursday, June 13, 2013 4:00 P.M. City of Palm Desert Council Chambers — City Hall 73-510 Fred Waring Drive Palm Desert, California 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, California 92260. Dated: May 28, 2013 Rchelle D. Klassen, Secretary Palm Desert Housing Authority C:1Documents and SettingslpmartlnezlLocal SettlngslTemporary Internet FfleslContenLOutloo1614UON6G8Notke of Public Hearing FC Lots 5658 Mtg of 6-13-13.doc