HomeMy WebLinkAboutAuction PackageBidder’s Checklist
- Instruction to Bidders
- Live Auction Notice
- Preliminary Title Report
- Natural Hazard Disclosure
- Bidder Terms and Conditions
- Zoning Information
- Lead-Based Paint/Ceramic Tile Inspection Report-Available on website
- Asbestos Inspection Report- Available on website
- Noncollusion Declaration
- Appraisal (January 12, 2017) - Available on website
- Section 29.40 of Palm Desert Municipal Code
- Resolution No. 2018-04 of the Palm Desert City Council
www.cityofpalmdesert.org/MilesBatesHouse
By signing below, the bidder agrees that they have reviewed all of the above documents, and
agree to accept the property AS-IS/WHERE-IS, WITH NO WARRANTY & NO CONTINGENCIES
except the delivery of a good and marketable title.
Bidder(s) Signature:
Print Name:
Print Name:
Date:
Received by:
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
NOTICE INVITING BIDS AT LIVE PUBLIC AUCTION
MILES C. BATES-WALTER S. WHITE HOUSE
73697 SANTA ROSA WAY
PALM DESERT, CA 92260 (the "Property")
PUBLIC NOTICE IS HEREBY GIVEN that the Successor Agency to the Palm Desert
Redevelopment Agency of the City of Palm Desert (the "Agency;") invites live bids for the
Property and will receive such bids at a live public auction conducted at the University
of California Riverside Palm Desert Campus Auditorium, 75080 Frank Sinatra Drive,
Palm Desert, California, 92211, at 2:00 PM on February 24, 2018.
Bids will be accepted from approved bidders during the live auction.
The winning final bid must be prepared on the approved bid forms and in conformance
with the instructions to bidders (each contained in the Bid Package defined below) and
submitted at the completion of the auction.
The Property will be available for a prospective bidder to perform its due diligence, by
appointment only, from February 1, 2018 through February 23, 2018.
The property is being sold in an "as is" condition, no contingencies, and no warranties are
made by the Agency or Auctioneer.
All potential bidders should obtain the full content of the materials pertaining to the auction
and the Property (the "Bid Package") and any addenda via the City's website located at
www.cityofpalmdesert.org and from the main menu, under "Our City," click on
"Departments", "Public Works" and Miles C Bates House". Bidders that anticipate
submitting a bid are required to send a letter or e-mail to the Agency's representative at
the address specified below acknowledging receipt of the Bid Package prior to the day of
the auction.
Please include the following information with respect to the bidder:
• Contact Person
• Address
• Telephone
• Fax
• E-Mail Address -
A copy of the Bid Package may also be requested by contacting the person below. When
requesting the Bid Package, please include the above information. For more information
regarding this Property, or to arrange an appointment to visit the Property, or to acquire
the Bid Package, please contact:
City of Palm Desert, Department of Public Works
Attention: Cora L. Gaugush,
Capital Improvement Projects Technician
cgaugush@cityofpalmdesert.org
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Phone: (760) 776-6490
Fax: (760) 341-7098
All questions must be in writing via written correspondence or email and must be received
by the Agency no later than 2:00 p.m., on February 20, 2018. Requests for clarifications,
questions, and comments must be clearly labeled, "Written Questions." The Agency is
not responsible for failure to respond to a request that has not been labeled as such,
reviewed by the Agency prior to such time and date and addressed to Cora L. Gaugush,
Public Works Department, City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert,
California. Please note that neither the City or the Agency shall be responsible for mailing
any addenda. All addenda will be published on the City's website. Bidders are
encouraged to check the website regularly since each bidder will be responsible for
downloading the Bid Package and any addenda.
The Agency reserves the right to reject any or all bids, to waive any irregularity, to accept
any bid, and to take all bids under advisement for a period of ninety (90) days.
BY ORDER OF the Board of Directors of the Successor Agency to the Palm Desert
Redevelopment Agency of the City of Palm Desert.
Dated this 29th day of January, 2018.
RACHELLE D. KLASSE , SECRETAWY
SUCCESSOR AGENCY TO THE PALM
DESERT REDEVELOPMENT AGENCY
Order No. 140-1913985-32
Page 1
@ExtractStart@
Orange Coast Title Company
3536 Concours Drive, Suite 120
Ontario, CA 91764
909-987-5433
PRELIMINARY REPORT
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Attention: Cora Gaugush Your no.: 627-105-024
Property address: 73697 Santa Rosa Way, Palm Desert, CA 92260 Order no.: 140-1913985-32
Dated: October 20, 2017
In response to the above referenced application for a policy of title insurance, Orange Coast Title Company hereby reports that it is
prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate
or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defe ct, lien or encumbrance not
shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in
Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth
in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive
remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of Title Insurance
which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B.
Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the excepti ons and exclusions set forth in Exhibit B of this report
carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the
terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as the condition of title and may not list all
liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance,
a Binder or Commitment should be requested.
Dated as of October 10, 2017 at 7:30 AM
_____________________________________________________
Manny Villalobos, Title Officer
Ph: 909-987-5433
Email: mannyv@octitle.com
The form of policy of title insurance contemplated by this report is:
C.L.T.A. Standard Coverage Policy - 1990 (Owners Policy or Joint Protection)
Order No. 140-1913985-32
Page 2
Schedule “A”
The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
Successor Agency to the Palm Desert Redevelopment Agency, a public body
The land referred to in this report is situated in the County of Riverside, State of California, and is described as follows:
The Easterly one-half of the Westerly one-half of Lot 10 of Palma Village Groves, in the City of Palm Desert, County of Riverside,
State of California, as shown by a map filed in Book 20,Page 51 of Maps, in the Office of the County Recorder of said County of
Riverside;
Excepting therefrom the Southerly 131.57 feet.
Also described as Parcel 1 of Lot Line Adjustment recorded 5/21/2015 as Instrument No. 2015 -212620, Official Records.
Assessor's Parcel Numbers(s): 627-102-024
Order No. 140-1913985-32
Page 3
Schedule “B”
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form
would be as follows:
1 General and special city and/or county taxes, bonds or assessments which may become due on said land, if and when title to
said land is no longer vested in a governmental or quasi-governmental agency.
2 The Lien of future supplemental taxes, if any, assessed pursuant to the provisions of section 75, et seq of the revenue and
taxation code of the state of California
3 Covenants, conditions and restrictions in an instrument recorded in Book 705, Page 527, Official Records, which provide
that a violation thereof shall not defeat or render invalid the lien of any mortgage or Deed of Trust made in good faith and
for value, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, handicap, famili al status, or
national origin unless and only to the extent that said covenant (a) is exempt under chapter 42, section 3604 of the United
States code or (b) relates to handicap but does not discriminate against handicapped persons.
"NOTE: section 12955 of the government code provide the following: if this document contains any restriction based on
race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction viola tes state
and federal fair housing laws and is void, and may be removed pursuant to Section 12955 of the government code. Lawful
restriction under state and federal law on the age of occupants in senior housing for older persons shall not be construed as
restriction based on familial status."
4 "NOTE: Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge
of any outstanding obligation, please contact your title officer immediately for further review".
5 Rights of parties in possession of said land by reason of unrecorded leases, if any. Please forward said leases for our
examination.
6 With respect to the Successor Agency to the Palm Desert Redevelopment Agency, a public body, we will require copies of
the articles of organization, bylaws, and other governing documents and any amendments thereto. Other requirements will be
made following a review of any such documents
End of Schedule B
Order No. 140-1913985-32
Page 4
“NOTES AND REQUIREMENTS SECTION”
Note No. 1
California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003,
provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3% of the total sales price as
California State Income Tax, subject to the provisions of the law as therein contained.
NOTE NO. 2 PAYOFF INFORMATION:
Note: this company does require current beneficiary demands prior to closing.
If the demand is expired and a correct demand cannot be obtained, our requirements will be as follows:
A. If this company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment.
The amount of this hold will be over and above the verbal hold the lender may have stipulated.
B. If this company cannot obtain a verbal update on the demand, will either pay off the expired demand or wait for the amended
demand, at the discretion of the escrow.
C. In the event that a payoff is being made to a servicing agent for the beneficiary, this company will require a complete copy of
the servicing agreement prior to close.
Note No. 3
If this company is requested to disburse funds in connection with this transaction, chapter 598, statutes of 1989 mandates ho ld periods
for checks deposited to escrow or sub-escrow accounts. The mandatory hold is one business day after the day deposited. Other checks
require a hold period from three to seven business days after the day deposited.
Notice Regarding Your Deposit of Funds
California Insurance Code Sections 12413 et. Seq. Regulates the disbursement of escrow and sub-escrow funds by title companies.
The law requires that funds be deposited in the title company escrow and sub -escrow accounts and be available for withdrawal prior to
disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds deposited with the Company
via cashier’s checks drawn on a California based bank may be disbursed the next business day after the day of deposit. If fun ds are
deposited with by other methods, recording or disbursement may be delayed. All escrow and sub -escrow funds received by the
Company will be deposited with other funds in one or more non-interest bearing escrow accounts of the Company in a financial
institution selected by the Company. The Company and/or its parent company may receive certain direct or indirect benefits from the
financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial instituti on, and the
Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay such party, any benefit
received by the Company and/or its parent Company. Those benefits may include, without limitation, credits allowed by such
financial institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of s uch
loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed add itional
compensation of the Company for its services in connection with the escrow or sub -escrow.
Order No. 140-1913985-32
Page 5
Orange Coast Title Company
3536 Concours Drive, Suite 120
Ontario, CA 91764
909-987-5433
Attention:
Borrower:
Lenders supplemental report
The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order t o
reflect the following additional items relating to the issuance of an American Land Title Association loan poli cy form as follows:
A. This report is preparatory to this issuance of an American Land Title Association loan policy of title insurance. This
report discloses nothing, which would preclude the issuance of said American land title association loan policy o f title
insurance with endorsement no. 100 attached thereto.
B. The improvements on said land are designated as:
A commercial property known as
73697 Santa Rosa Way, in the City of Palm Desert, County of Riverside, State of California.
C. Our search of the public records revealed conveyance(s) affecting said land recorded within 24 months of the date of
this report are as follows:
None.
Order No. 140-1913985-32
Page 6
Attention
Please note that this preliminary report now has an extra copy of the legal description on a separate sheet of paper. There are no
markings on the page. The idea is to provide you with a legal description that can be attached to other documents as needed. That
legal description page immediately follows this page.
Thank you for your support of Orange Coast Title Company. We hope that this makes your job a little easier.
Order No. 140-1913985-32
Page 7
Exhibit “A”
The Easterly one-half of the Westerly one-half of Lot 10 of Palma Village Groves, in the City of Palm Desert, County of Riverside,
State of California, as shown by a map filed in Book 20,Page 51 of Maps, in the Office of the County Recorder of said County of
Riverside;
Excepting therefrom the Southerly 131.57 feet.
Also described as Parcel 1 of Lot Line Adjustment recorded 5/21/2015 as Instrument No. 2015 -212620, Official Records.
Order No. 140-1913985-32
Page 8
CLTA Preliminary Report Form – Exhibit B (06-03-11)
CLTA STANDARD COVERAGE POLICY – 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or re gulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regula tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which wo uld be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Dat e of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by t he insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy,
state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which ar ise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an ins pection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey wou ld disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) w ater rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records.
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02/03/10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning : a.building, b. zoning, c.land use d. improvements on the Land, e.land division; and ,f.
environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks: a. that are created, allowed, or agreed to by You, whether or not they recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the
Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e, 25, 26, 27, or 28.
5. Failure to pay value for Your Title.
6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion doe s not limit the
coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follo ws: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount Our Maximum Dollar Limit of Liability
Covered Risk 16: 1 % of Policy Amount shown in Schedule A or $ 2,500 (whichever is less) $ 10,000
Covered Risk 18: 1 % of Policy Amount shown in Schedule A or $ 5,000 (whichever is less) $ 25,000
Covered Risk 19: 1 % of Policy Amount shown in Schedule A or $ 5,000 (whichever is less) $ 25,000
Covered Risk 21: 1 % of Policy Amount shown in Schedule A or $ 2,500 (whichever is less) $ 5,000
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * improvements on the land * land division * environmental protection. This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: *a notice of exercising the right appears in the public records *on the Policy Date *the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: *that are created, allowed, or agreed to by you *that are known to you, but not to us, on the Policy Date -- unless they appeared in the public records *that result in no loss to you *that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title.
5. Lack of a right: *to any land outside the area specifically described and referred to in Item 3 of Schedule A OR *in streets, alleys, o r waterways that touch your land. This exclusion does not limit the access coverage in
Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character,
dimensions or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordina nces or governmental regulations. This
Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters:(a)created, suffered, assumed or agreed to by the Insured Claimant; (b)not known to the Company, not recorded in the public records at Date of Policy,
but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the I nsured Claimant became an Insured under this policy; (c) resulting in no loss or damage to
the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the cover age provided under Covered Risk 11, 13 or 14);or(e) resulting in loss or damage that would not
have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with appl icable doing-business laws of the state in which the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or
truth in lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent
transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching betw een Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This
Exclusion does not modify or limit the coverage provided under Covered Risk 11(b):
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may
result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2.Any facts, rights, interests or claims which are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are
shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER’S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
Order No. 140-1913985-32
Page 9
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii)
the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (IV) environmental protection; or the effect of any violation of these laws, ordinances, or governmental
regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of
Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an I nsured under this policy;(c) resulting in no loss or
damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or
damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent
transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching betw een Date of Policy and the date of recording of the deed or other instrument of transfer in the Public
Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclus ions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also
include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees or expenses) that arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency
that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspe ction of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclose d by an accurate and complete land survey of the Land and that are not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are
shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, co sts, attorneys fees or expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including but not limited to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the
character, dimensions or location of any improvement erected on the Land; (iii) the subdivision of the land; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations
This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risks 5, 6, 13(c), 13(d), 14, and 16.(b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided
under Covered Risks 5, 6, 13(c), 13(b), 14, and 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters (a) created, suffered, assumed or agreed to by the Insured C laimant; (b) not Known to the Company, not recorded in the Public Records at Date of
Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured C laimant became an Insured under this policy;(c) resulting in no loss or
damage to the Insured Claimant;(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 26);
or (e)resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured to comply with app licable doing-business laws of the state in which the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the I nsured Mortgage and is based upon usury, or any consumer credit protection or truth
in lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no
longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority a nd created or attaching subsequent to Date of Policy in accordance with applicable building codes. This Exclusion does not
modify or limit the coverage provided in Covered Risk 5 or 6..
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage
provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent
transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of t his policy.
Order No. 140-1913985-32
Page 10
Orange Coast Title Company
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understa nd that you may be concerned about what we will do with such information – particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information that you provide to us. Therefore, we have adopted this
Privacy Policy to govern the use and handling of your personal information. Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from an y other source, such as information obtained from a public record or from another person or entity. Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect inclu de: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. Information we receive from providers of services to us, such as appraisers, appraisal management compan ies, real estate agents and brokers and insurance agencies (this may include the appraised value, purchase price and other details about the property that is the subject of your transaction with us).
Information about your transactions with us, our Affiliated Companies, or others; and Information we receive from a consumer reporting agency. Use of Information
We request information from you for our own legitimate business purposes and not for benefit of any nonaffiliated party. Ther efore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which
any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict acces s to nonpublic personal information about you to those individuals and entities who need to know th at information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information w ill be
handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Other Important Information
We reserve the right to modify or supplement this Privacy Policy at any time. If our Priv acy Policy changes, we will provide the new Privacy Policy before the new policy becomes effective.
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12812-0001\2157814v2.doc
BIDDER TERMS AND CONDITIONS
AUCTION OF THE REAL PROPERTY LOCATED AT
73697 SANTA ROSA WAY
PALM DESERT, CALIFORNIA 92260
These Bidder Terms and Conditions apply to the auction conducted by the Successor Agency to
the Palm Desert Redevelopment Agency (“SARDA”) (as “Seller”) for the sale of the real property
located at 73697 Santa Rosa Way, Palm Desert, California 92260 (the “Property”), and GWS
Auctions, Inc. (“Auctioneer”). These bidder term s and conditions also form the basis for a contract
of sale between the Seller and the Buyer.
1. Auction Conducted Under and In Accordance with these Bidder Terms and Conditions.
The Auction Package as identified in the Instructions to Bidders, any Addenda posted by SARDA,
and Applicable Law. By participating in the Auction, each Participant agrees to be bound by, and
to abide by, the Bidder Terms and Conditions.
2. Definitions. The following definitions apply to these Bidder Terms and Conditions for
each auction conducted by Auctioneer:
“Auction” means the auction sale at which Auctioneer s olicits bids, or is scheduled to
s olicit bids .
“Auction Site” m eans the physical location of the Auction.
“Bid” means an irrevocable offer for 90 calendar days after that date of the Auction made
by a Registered Bidder.
“Bidder” means any person or entity that makes a bid at the Auction.
“Bidder Number” means the number or other identifier is sued by Auctioneer or SARDA
to a Regis tered Bidder for the purposes of identifying bids to such Registered Bidder.
“Bidder Regis tration” m eans the information provided by a pros pective Bidder, and the
proc ess of registering s uch prospective Bidder to bid at the Auction, including the pros pective
Bidder’s agreem ent to be bound by thes e Bidder Terms and Conditions .
“Bidder Terms and Conditions” means these Bidder Terms and Conditions.
“Buyer” means the winning bidder (subject to the execution and delivery of the “PSA”) as
described in the Instructions to Bidders.
“Close of Escrow” m eans the s ettlement on the s ale of the Real Property at which Seller
sells , trans fers, assigns, and conveys Seller’s right, title, and interest in the Real Property to the
Bu yer, and the Buyer pays the Purchase Price for the Real Propert y.
“Close of Escrow Date” m eans the date on which the Close of Escrow occurs under the
PSA.
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12812-0001\2157814v2.doc
“Deposit” is the good faith depos it made by the Buyer against the Purchase Price for the
Real Propert y.
“Fall of the Hammer” means the point, after bids have been rec eived, at which Auctioneer
declares the Real Property “sold” to the Bidder ac knowledged by Auctioneer as having made the
W inning Bid subject to Seller’s Confirmation.
“High Bid” or “Winning Bid” m eans the high bid am ount recognized by Auctioneer at the
conclusion of bidding on the Real Property. The High Bid will be subject to Seller’s Confirmation.
“High Bid Subject to Seller’s Confirm ation” means the High Bid am ount recognized by
Auctioneer at the conclusion of bidding on Real Property put up at the Auction subject to Seller’s
Confirmation.
“High Bidder” means the Bidder recognized by Auctioneer as having made the High Bid
with respect to the Real Property.
“Knocked Down” or “Knock Down” means, with respect to the Property put up at the
Auction, that Auctioneer has acknowledged the W inning Bid with the Fall of the Hammer, or by
announcing “sold”, or by giving a similar such indication. (Also, “Struck Off” or “Strikes Off”).
“No Sale” occurs if the Property is put up at the Auc tion but is not Struck Off or sold, and
Auctioneer passes on such Property or declares a No Sale.
“Participant” m eans any person who attends the Auction. The term Participant includes,
but is not limited to, Attendees , Registered Bidders , Bidders, and Buyers.
“Property” means the real property located at 73697 Santa Rosa Way, Palm Desert, CA
92260.
“Purchase Price” means an amount equal to the High Bid Subjec t to Seller’s Confirmation.
“Real Property” or “Property” means the real Property located at 73697 Santa Rosa Way,
Palm Desert, CA 92260.
“Purchase and Sale Agreem ent (“PSA”) means the contract for the purchase and sale of
the Real Property put up at the Auction to be executed by the Bidder making the High Bid Subject
to Seller’s Confirm ation. The Seller will execute the Purchase and Sale Agreem ent only on
Seller’s Confirmation, which requires the approval of the SARDA Board, the SARDA Oversight
Board, the California Department of Finance, and acceptance of the High Bid Subject to Seller’s
Confirmation.
“Registered Bidder” m eans a person or entity that has registered to bid at the Auc tion.
“Registration Depos it” means the thirty thousand dollars ($30,000) depos it made by a
Registered Bidder in order to register for the Auction. SARDA requires that the Regis tration
Deposit be made in cash or certified funds or in such other form as determined by SARDA at
SARDA’s discretion.
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12812-0001\2157814v2.doc
“Seller’s Confirmation” means the acceptance of the Winning Bid, which requires the
approval of the SARDA Board, the SARDA Oversight Board, and the California Department of
Finance.
“Struck Off” or “Strikes Off” means, with respect to the Property put up at the Auc tion,
that Auc tioneer has acknowledged the Winning Bid with the Fall of the Hammer, or by announc ing
“sold”, or by gi ving a similar s uch indication. The Property may be Struck Off electronically at
the conclusion of a timed online auc tion event. (Also, “Knocked Down” or “Knock Down”).
“Subject to Seller’s Confirmation” means, with res pect to the Property expressly identified
in this Agreement as being sold subject to Seller’s Confirmation, that after the High Bid Subject
to Seller’s Confirmation has been received and acknowledged by Auctioneer, Seller m ay
determine, in Seller's sole and absolute dis cretion, to (i) ac cept such bid or (ii) rejec t such bid.
3. Bidder Registration; Bidder Qualification. All persons desiring to bid at the Auction,
must register to bid by completing an Auction Bidder Registration Form and be issued a Bidder
Num ber. In order to regis ter to bid, each potential Bidder m ust provide such information
(inc luding identifying information and qualific ations ) as requested by SARDA. Each person
registering to bid repres ents to SARDA that such person is at least eighteen (18) years of age and
is otherwise legally able to enter into a contract. SARDA m ay refuse to accept a Bidder
Regis tration from any potential Bidder, refuse to issue a Bidder Number to any potential Bidder,
and may revoke any Bidder Regis tration or Bidder Num ber. Each person registering to bid or
otherwise participating at the Auction acknowledges and agrees that such person has read,
unders tands, and agrees to be bound by these Bidder Terms and Conditions. SARDA m ay
establish such Bidder qualifications as SARDA determ ines, in its sole discretion, and are
reas onably necessary or appropriate. Bidder qualification provisions (including proof of the
av ailability of funds ) are intended for the benefit of SARDA, and create no rights or interests in
any other pers ons, including competing Bidders . SARDA m ay (but will not be required to) waive
any Bidder qualifications, on a case by case basis.
4. Auctioneers Bond. Auctioneer has a bond (Bond Num ber 62520248) on file with the
California Sec retary State pursuant to California law .
5. Access to Auction Site. Participants assume all risks associated with their presence at
the Auction Site. Any person may be denied ac cess to the Auction or the Auction Site, and m ay
be rem oved at Auctioneer’s and/or SARDA’s discretion.
6. Nature of the Auction. The Real Property will be sold Subject to Seller’s Confirmation.
This means that after the High Bid Subject to Seller’s Confirmation has been received and
acknowledged by Auctioneer, Seller m ay determ ine, in Seller’s sole and absolute dis cretion, to
(i) ac cept such bid or (ii) rejec t such bid. SARDA, in its absolute discretion, may accept a Bid, or
an amended Bid, or reject any or all Bids. SARDA reserves the right to reject any or all bids, to
waive any irregularity, to accept any bid, and to take all bids under advisement for a period of
ninety (90) days.
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12812-0001\2157814v2.doc
7. Bidding. Bidders may only bid at the Auction by agreeing to be bound by these Bidder
Terms and Conditions . By bidding, each Bidder acknowledges and agrees that such Bidder is
subject to, and bound by, these Bidder Terms and Conditions .
8. No Bid Retraction. No Bidder m ay retract a bid that has been acknowledged by
Auctioneer. Eac h Bidder acknowledges and agrees that Auctioneer is acting in relianc e on
tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with
the Auc tion, and that as an inducement for Auc tioneer to accept such Bidder’s Bidder Regis tration
and for s uch Bidder to bid at the Auction, each Bidder agrees not to withdraw or to attem pt to
withdraw any tendered bid.
9. Bid Increments. Bid increments are established and controlled by Auctioneer, and may
be adjus ted or modified in Auctioneer’s sole and abs olute discretion.
10. Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered
Bidder is responsible for the Bidder Number issued to such Registered Bidder. SARDA is not
responsible for monitoring or polic ing the use of Bidder Numbers, and each Registered Bidder is
responsible for all bids made on the Bidder Num ber issued to such Registered Bidder ev en if the
Regis tered Bidder claims that the Bidder Num ber was lost, stolen, or m isappropriated, unles s
notice of a lost, stolen, or m isappropriated Bidder Num ber was provided to Auctioneer prior to an
unauthorized bid being made. Absent a clerical error, Auctioneer’s records will be conclusive.
11. Winning Bid; Buyer. Pursuant to thes e Bidder Terms and Conditions , the Bidder making
the W inning Bid for the Real Property, will be the Buyer of such Property subject to Seller’s
Confirmation.
12. The Property Sold “AS IS”, “WHERE IS”, and “WITH ALL FAULTS”. THE
PROPERTY IS BEING OFFERED AND SOLD IN ITS AS IS/WHERE IS CONDITION AT
THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS
OF ANY NATURE. NEITHER AUCTIONEER NOR SELLER MAKES ANY
REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR
IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS,
MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH
PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED,
INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A
WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF
TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED. EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER
CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR
GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER,
ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING,
EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A
FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING
SOLELY ON, OR HAS WAIVED, SUCH BIDDER’S INSPECTION AND INVESTIGATION
(i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A
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12812-0001\2157814v2.doc
BID, AND (iii) IN BIDDING. BIDDERS ACKNOWLEDGE THAT THE PRIMARY
RESIDENCE LOCATED ON THE PROPERTY HAS BEEN DESIGNATED A LOCAL
HISTORICAL LANDMARK AS DESCRIBED IN RESOLUTION NO. 2018-04 OF THE
PALM DESERT CITY COUNCIL AND SECTION 29.40 OF THE PALM DESERT
MUNICIPAL CODE. IN ADDITION, BIDDERS ACKNOWLEDGE AND AGREE THAT
A COVENANT CONSISTENT WITH SUCH RESOLUTION AND MUNICIPAL CODE
PROVISION SHALL BE RECORDED AGAINST THE PROPERTY AND SHALL
RESTRICT ITS USE AND MAINTENANCE.
13. Bidder’s Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder
has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived,
such Bidder’s inspection and investigation (i) in determining whether to bid, (ii) in determining
the amount of a bid, and (iii) in bidding.
14. Description of Property. Unless otherwise expressly stated in writing, any description of
Property is based solely on visual impression, and is given solely for identification purpos es, and
does not create any warrant y, expressed or implied, or repres entation by SARDA.
15. Sale of the Real Property. The following terms and conditions apply to the Real Property
offered at the Auction:
15.1. Bidder Qualification. SARDA may impose qualifications for bidding on the
Real Property. Any such qualifications, which will include, without being lim ited to, proof of the
av ailability of funds, will be posted or otherwise made available by SARDA. Bidder qualification
provisions (which include proof of the av ailability of funds ) are intended for the benefit of
SARDA, and create no rights or interes ts in any other pers ons, including competing Bidders .
SARDA m ay (but will not be required to) w aive any Bidder qualific ations on a case by case basis.
15.2. Registration Deposit. SARDA will require Bidders to make a regis tration deposit
in the amount of thirty thousand dollars ($30,000) in order to bid on the Real Property. The
regis tration depos it of the Winning Bidder will be held by SARDA until Seller’s Confirmation is
received and then applied against the Purchase Price for the Real Property. Regis tration deposits
made by others will be returned at the conclusion of the Auction.
15.3. Breaks and Recesses . Auctioneer may ta ke breaks or recesses during the bidding
on the Real Property, and such breaks or recesses will not term inate the bidding unless expressly
stated. Auc tioneer m ay suspend bidding on the Real Property without dec laring a No Sale of the
Real Property. A No Sale of the Real Property will only occur if Auctioneer declares a No Sale
in thos e terms, or if the Auction concludes in its entirety without a W inning Bid or a High Bid
Subject to Confirmation.
15.4. Purchase and Sale Agreement. The PSA will be executed at the close of bidding
by the Bidder making the High Bid Subject to Seller’s Confirmation and SARDA will execute the
PSA upon Seller’s Confirmation and acceptance of the High Bid Subject to Seller’s Confirmation.
The PSA is available for review prior to the Real Property being offered, and is incorporated in
and m ade a part of thes e Bidder Terms and Conditions .
-6-
12812-0001\2157814v2.doc
15.5. Deposit. The Bidder making the High Bid subject to Seller’s Confirmation will
have their Registration Deposit retained to be used as the Deposit upon the execution of the PSA
by the Buyer. The Deposit is equal to the thirty thousand dollar ($30,000) Registration Deposit.
The Deposit will be held by SARDA in an interest bearing account.
15.6. No Buyer Contingencies. There will be no Buyer conditions or contingencies to
the sale of the Real Property, except SARDA’s delivery of good and m arketable title.
15.7. Close of Escrow. The Close of Escrow will occur at a mutually agreed time and
place after receipt of Seller’s Confirmation.
15.8. Real Estate Transfer Tax. Any real estate trans fer taxes are to be paid by Buyer.
15.9. Recording Fees. Buyer will pay the fees for recording the deed for the Real
Property.
15.10. Settlement Fees and Expenses. Buyer will pay any and all s ettlement fees and
expenses, with the exception of an Owner’s Title Policy, which will be paid for by the Seller.
15.11. Apportionment. Taxes and all other periodic realty costs, if any, will be
apportioned pro rata as of the date of the Close of Escrow. SARDA will pay for all days up to
and inc luding the date of the Close of Escrow, and Purchaser will pay for all days following the
date of the Close of Escrow.
15.12. Zoning; Land Use. IT IS THE RESPONSIBILITY OF EACH BIDDER TO
MAKE INQUIRIES AND INVESTIGATIONS AS MAY BE NECESSARY TO CONFIRM THE
APPLICABLE ZONING AND LAND USE RESTRICTIONS AFFECTING THE REAL
PROPERTY, INCLUDING THE HISTORICAL SIGNIFICANCE OF THE PROPERTY. THE
PURCHASE OF THE REAL PROPERTY W ILL NOT BE CONTINGENT IN ANY W AY ON
ZONING OR LAND USE RESTRICTIONS, OR ON W HETHER A BIDDER OR BUYER MAY
PUT THE REAL PROPERTY TO ANY DESIRED USE. EACH BIDDER ACKNOW LEDGES
AND AGREES THAT SUCH BIDDER IS NOT RELYING ON ANY REPRESENTATIONS BY
SELLER OR AUCTIONEER CONCERNING ZONING OR OTHER LAND USE
RESTRICTIONS AFFECTING THE REAL PROPERTY.
15.13. Seller’s Residential Real Estate Disclosure Statement. Seller will (unless
otherwise exempt) complete a Seller’s residential real property disclosure statement.
15.14. Lead-based Paint Disclosure. The Real Property includes residential
im provements constructed prior to 1978, and Buyer acknowledges that SARDA has made
available for review a Lead-Based Paint/Ceramic Tile Inspection report.
15.15. Breach.
15.15.1. Seller’s Breach. If SARDA breaches any of Seller’s obligations
with respect to the purchase and sale of the Real Property, Buyer’s sole and exclusive remedy will
be return of the Deposit and any other monies actually paid by the Buyer. Under no circumstances
will Auctioneer or SARDA be liable for incidental or consequential damages, including, without
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limitation los t profits or reduced productivity. Specific performance is not available as a remedy
to Buyer.
15.15.2. Buyer’s Breach. If Buyer breaches any of Buyer’s obligations ,
Buyer will forfeit the Depos it and any other monies actually paid to SARDA or Auctioneer.
16. Conduct of the Auction. Auctioneer will regulate all m atters relating to the conduct of
the Auction and Auctioneer’s decisions will be final and binding. Auctioneer will have control
over bidding, and Auc tioneer will resolve any and all disputes. Auctioneer may, in Auctioneer’s
sole and absolute discretion, reopen the bidding (but will not be required to) if (i) a bid is made
while the ham mer is falling in ac ceptance of a prior bid or while bidding is otherwise being
terminated; (ii) prom ptly after the termination of the bidding; (iii) Auctioneer is made aware of a
bid that was unnoticed prior to the Fall of the Ham mer or other termination of the bidding, and it
is demonstrated to Auc tioneer’s satisfaction that such bid was, in fact, timely made; (iv) prom ptly
after the Fall of the Hammer or other term ination of the bidding Auctioneer is made aware that
Auctioneer and a bid assistant or ringm an, or multiple bid as sistants or ringmen, have
acknowledged bids in the same amount from different bidders , or (v) some other bid dis pute aris es.
Any contract formed with the Fall of the Hammer will be s ubject to the c onditions set forth in this
Section 16. If bidding is reopened purs uant to this Section 16, the bid recognized by Auctioneer
prior to the reopening of the bidding will be held, and m ay not be retrac ted, and, if no further bids
are received, such bid will be the W inning Bid.
17. No Stop Payment Orders. Each Bidder agrees that such Bidder will not, under any
circumstances issue a stop payment order with respect to any checks issued at or in connection
with the Auction.
18. Buyer’s Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential
Damages. To the extent that any Bidder or Buyer may be entitled to dam ages or remedies, the
sole and exclusive remedy available to Bidders and Buyers is a return of the Purc hase Price
actually paid. Under no circumstances will Auctioneer or SARDA be liable for incidental or
consequential dam ages, including, without lim itation, lost profits or reduced productivity. Each
Bidder acknowledges and agrees that no Bidder or Buyer is entitled to specific performance or
other equitable relief.
19. Seller’s Remedies. If any Buyer breached such Buyer’s obligations under thes e Terms
and Conditions or under a sale contract with the Seller of Property Struck Off at the Auction, such
property may be resold and the breac hing buyer will be responsible for any and all dam ages,
including any deficiency or reduction in the Purchase Price, along with incidental damages.
20. Indemnification. Each Bidder agrees to indemnify and hold Auctioneer and SARDA
harmless from any current or future claim regarding the Auc tion or the Property, including,
without lim itation, fitnes s, use, damage, safety, or injuries to persons or property.
21. Waiver. Certain provisions of these Bidder Terms and Conditions are for the exclusive
benefit of SARDA. Such provisions, including, without lim itation, Bidder Regis tration and
qualification requirem ents, deposit and payment terms (including the method, form , and timing of
payment and Property inspection terms), do not create, and will not be deem ed to create, any
-8-
12812-0001\2157814v2.doc
benefits or rights in favor of any other persons, including competing Bidders , and may not be
enforced by any other persons, either globally or on a case by case basis. Auctioneer and/or
SARDA may (but will not be required to) w aive any provisions of these Bidder Terms and
Conditions that are intended for the benefit of Auc tioneer and/or SARDA.
22. Bid Pooling. Bid pooling occurs when Bidders collude to regulate, and artificially suppress
bidding in an effort to reduce the Hammer Price. Bid pooling is a felony. Anyone participating
in bid pooling will be referred for prosecution.
23. Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms and
Conditions will be governed by and construed in accordance with the laws of the State of
California, including its statutes of lim itations , but without regard to its rules governing conflict
of laws. All claim s, disputes , and other m atters between the parties will be brought in the state or
federal courts sitting in and for the County of Riverside, California, w hich courts will have
exclusive juris diction, and will be the exclusive venue, for any and all s uch claim s, disputes, and
other m atters. By submitting a Bidder Regis tration and ac cepting a Bidder Num ber each
Registered Bidder irrevocably and unc onditionally (i) agrees that any claim, suit or cause of action
relating to thes e Bidder Terms and Conditions , or the trans actions contemplated hereby, will be
brought in the state or federal courts sitting in and for the County of Riv erside, California;
(ii) c onsents to the juris diction of s uch courts for any such claim , suit or cause of action;
(iii) waives any objection that s uch party may ha ve to the laying of venue of any such claim , suit
or cause of action in s uch courts; and (iv) waives any objection to the bringing of s uch claim , suit
or cause of action in s uch courts on the grounds of forum non conveniens . Each Bidder, Buyer,
and other Partic ipant waives the right to a jury trial.
24. Attorneys’ Fees. If any Participant breaches such Participant’s obligations under these
Bidder Terms and Conditions , SARDA will be entitled to recover all costs and expenses, including
attorneys’ fees incurred in enforcing their res pective rights hereunder.
Bidder(s) Signature:
Print Name:
Print Name:
Date:
City of Palm Desert
Date: September 18, 2017
Project: 73-697 Santa Rosa Way
Applicant: City of Palm Desert
Planning Comments:
A. Zoning Designation – Mixed Residential District (R-2) and Senior Overlay (S.O.).
The intent of this district is to provide moderate intensity and density (3.0 – 10.0
du/ac) for neighborhood development. Neighborhoods are characterized by a
variety of housing choices and mixed-uses. Buildings are organized around
formal and walkable streetscapes with high levels of pedestrian connectivity.
B. General Development Standards are as follows per Section 25.10.050
Development Standards:
o Max Height - 30 feet, 2.5 stories
o Lot Coverage – 60%
o Required landscape area – Front yard and street side yard
o Front Yard Setback – 12 feet
o Rear Yard Setback – 15 feet
o Side Yard Setback – 5 feet
o Street Side Yard Setback – 10 feet
C. Section 25.10.030 Allowed Land Uses and Permit Requirements uses Table
25.10-1 “Use Matrix for Residential Districts” to identify land uses and
corresponding permit requirements for residential districts .
D. Multifamily dwelling units are permitted within the R-2 district up to a maximum of
10 dwelling units per acre, or as indicated on the zoning map.
E. General Plan Designation – Small Town Neighborhood.
NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the of , the
party making the foregoing bid. The bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or
corporation. The bid is genuine and not collusive or sham. The bidder has not directly
or indirectly induced or solicited any other bidder to put in a false or sham bid. The
bidder has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder. All
statements contained in the bid are true. The bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or
entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does
execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this declaration is executed on
, 20 , at , . City State
By: __________________________________
Signature
Title: _________________________________
CONTRACTOR
Chapter 29.40 LANDMARKS
29.40.010 Landmark designation criteria.
A cultural resource may be designated as a landmark by the city council if, with written consent of property
owner, after completion of a certified survey and upon the recommendation of the committee, it is determined that it
retains integrity as defined in Chapter 29.20 and at a local, state, regional, or national level:
A. Is associated with an event or events that have made a significant contribution to broad patterns of
history; or
B. Is associated with the lives of persons significant in the past; or
C. Embodies distinctive characteristics, or is one of the few remaining examples of a style, type,
period or method of construction or possesses high artistic value; or
D. Represents the work of a master builder, designer or architect; or
E. Is an archaeological, paleontological, botanical, geological, topographical, ecological, or
geographical resource that has yielded or has the potential to yield important information in history or prehistory; or
F. Reflects distinctive examples of community planning or significant development patterns,
including those associated with different eras of settlement and growth, agriculture, or transportation. (Ord. 1168,
2008)
29.40.020 Registered eligible cultural resources.
Based on a certified survey and using the criteria listed in Section 29.40.010, the administrator or
committee, with the property owner’s consent, may at any time request to place a cultural resource that has been
determined eligible for designation as a landmark on the Register. Register-eligible cultural resources shall be
subject to all applicable requirements of this title and the property owner shall be so notified by mail. A cultural
resource determined eligible for designation as a landmark that does not receive written consent from the property
owner to be placed on the Register, shall be placed on the Inventory only and shall not be subject to the
requirements of this title. All cultural resources listed in the register, as well as those determined eligible for
designation and listed in the Inventory are subject to the requirements of CEQA. (Ord. 1168, 2008)
29.40.030 Landmark designation initiation.
The designation of a landmark may be initiated by any person, organization or entity, but may only be
acted upon with written consent of the property owner. If property owner consent is not obtained, the application
shall be deemed incomplete and will not be processed. Application shall be made upon such forms and accompanied
by such data and information as may be required for that purpose by the committee to assure the fullest practical
presentation of the facts for proper consideration of the request. The survey certification and landmark designation
processes may be completed concurrently. (Ord. 1168, 2008)
29.40.040 Landmark designation hearing date.
Upon the filing of a complete application, the matter shall be set for public hearing before the committee.
The date of such hearing shall be not more than sixty days from the date of filing of the complete application. Time
periods shall be extended when necessary to comply with the provisions of the California Environmental Quality
Act (CEQA). (Ord. 1168, 2008)
29.40.050 Landmark designation investigation.
To provide the necessary information to assure committee action consistent with the intent and purpose of
this title, an investigation of the facts bearing on a landmark application set for hearing shall be made by the
administrator. (Ord. 1168, 2008)
29.40.060 Landmark designation hearing notice.
At least ten days prior to the hearing before the committee notice of the date, time, place and purpose of the
hearing shall be given by:
A. Publishing at least one notice in a newspaper with general circulation in the city; and
B. Mailing the same or similar notice to:
1. The applicant and owner(s) of the subject property, and
2. Property owners within a three-hundred-foot radius of the subject property.
The last known name and address of each owner may be used for this notification. Failure to send any
notice by mail to any property owner where the address of such owner is not a matter of public record or the non-
receipt of any notice mailed pursuant to this section shall not invalidate any proceedings in connection with the
proposed designation. (Ord. 1168, 2008)
29.40.070 Landmark designation hearing.
A public hearing shall be conducted before the committee at the time and place indicated in the required
notices. The committee may continue such hearing to a specific time and place when such action is deemed
necessary or desirable but no longer than sixty days from the original hearing date or to such time that is approved
by the applicant. (Ord. 1168, 2008)
29.40.080 Landmark designation process.
The committee may recommend to the city council approval or denial of the designation of a landmark
based on the criteria set forth in Section 29.40.010 of this chapter and the facts presented in connection with the
application. The city council shall review the matter at a public hearing. If the city council approves the committee’s
recommendation for designation, it shall find that the purpose of this title is maintained by such designation. The
provisions of this title regulating landmarks shall be effective from the date of the initial recommendation by the
committee on the landmark application and shall become final only after city council’s action. (Ord. 1168, 2008)
29.40.090 Landmark designation resolution.
A landmark shall be designated by a resolution passed by the city council, which provides facts and
findings based on the criteria for designation as set forth in this chapter. (Ord. 1168, 2008)
29.40.100 Listing of landmark designation.
The Inventory and the Register shall be updated by the administrator to include the property as a designated
landmark. Whenever any project to be carried out by the city may have an impact on a designated landmark,
reasonable notice shall be given to the committee by the city department(s) or division(s) responsible for the project,
so that the committee may review and make recommendations concerning the project early in the decision making
process in accordance with the provisions of this title. Such review and recommendation shall be accomplished
within thirty days of such notice. (Ord. 1168, 2008)
29.40.110 Notice of landmark designation.
The property owner(s) shall receive a copy of the resolution establishing the landmark designation and a
letter explaining the designation and stating that the landmark is now subject to all applicable requirements of this
title. The city clerk shall record all designating resolutions in the office of the Riverside County Recorder. A
covenant and agreement shall be recorded with the Riverside County Recorder that states that the property is a
designated landmark and is subject to all applicable provisions of this title. (Ord. 1168, 2008)
29.40.120 Landmark plaque.
The city shall designate a plaque to the property owner(s) that describes the significance of the designated
landmark. A covenant and agreement shall be signed by the city and the property owner to ensure that the plaque
will be prominently displayed in perpetuity at the site of the landmark or returned to the administrator if the
landmark designation is repealed. This document shall be recorded in the office of the Riverside County Recorder.
(Ord. 1168, 2008)
29.40.130 Repeal.
The repeal of a determination of eligibility or designation may be initiated by any person, organization or
entity. If the cultural resource no longer meets the designation criteria, or the property owner requests the
designation be removed, the city council shall consider a repeal of a previously approved determination of eligibility
or landmark designation in the same manner provided by this chapter for the determination or designation. If the
determination of eligibility or the landmark designation is repealed, the Inventory and the Register shall be updated
accordingly and the landmark plaque shall be returned to the administrator. As a condition of removal, the city
council may require repayment of any preservation benefits awarded the owner of the resource under Chapter 29.70.
(Ord. 1168, 2008)
View the mobile version.
RESOLUTION NO. 2018-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT APPROVING HISTORIC DISTRICT DESIGNATION FOR MILES
C. BATES HOUSE LOCATED AT 73-697 SANTA ROSA WAY, AS A
LOCAL HISTORIC LANDMARK CASE NO. CRPC 17-01
WHEREAS, on December 12, 2017, the Cultural Resource Preservation
Committee conducted a public hearing to consider initiation of Historic Landmark
Designation for Miles C. Bates house located at 73-697 Santa Rosa Way,
Assessor's parcel No's. 627-102-024, as a historic landmark pursuant to Section
29.40 of the Palm Desert Municipal Code; and
WHEREAS, the Cultural Resources Preservation Committee has considered all of the
evidence submitted into the administrative record which includes, but not limited to:
1. Agenda reports were prepared by the Department of Building and Safety.
2. Staff presentation at a meeting and subsequent public hearing held on December
12, 2017, before the Cultural Resources Preservation Committee.
3. The City of Palm Desert, Cultural Resources Ordinance No. 1168, and all other
applicable regulations and codes.
4. Public comments, both written and oral, received and/or submitted at or prior to the
meeting, supporting and/or opposing the applicant's request.
5. Testimony and/or comments from the applicant and its representatives submitted to
the City in both written and oral form at or prior to the meeting.
6. All related documents received and/or submitted at or prior to the meeting.
WHEREAS, based on the foregoing evidence, the Cultural Resources Preservation
Committee finds that:
1. A request for Historic District Designation for the Miles C. Bates house located at
73-697 Santa Rosa Way was made on November 28, 2017, to designate the
Miles C. Bates house as a historic landmark.
2. Notice of December 12, 2017, Cultural Resources Preservation Committee meeting
was posted in the Desert Sun and at City Hall.
3. Notice of December 12, 2017, Cultural Resources Preservation Committee was
provided to the affected property owner as shown in the latest Riverside County
assessment roll.
4. Notice of the Cultural Resources Preservation Committee meeting included the
notice requirements set forth in California Environmental Quality Act (CEQA).
WHEREAS, based on the Cultural Resources Ordinance 1168, the Cultural Resources
Preservation Committee concludes the following:
1. Palm Deserts' character and history are reflected in its cultural, historical, and
architectural heritage, and
2. Palm Deserts' historical foundations should be preserved as living parts of the
community life and development in order to foster an understanding of the City's
past so that future generations may have a genuine opportunity to appreciate,
enjoy, and understand Palm Deserts' heritage, and
3. The Cultural Resources Preservation Committee has reviewed this site and
determined it to be historically significant and could contribute to the economic and
cultural revival of the City.
Resolution No. 2018-04
Page 2 of 3
WHEREAS, in view of all the evidence and based on the foregoing designation criterion,
the Cultural Resources Preservation Committee concludes as follows:
The Miles C. Bates house, located at 73-697 Santa Rosa Way was designed by Walter
S. White. Walter White was an American modernist architect and industrial designer
who worked in the Coachella Valley in the 1950s. Walter White is considered by many
to be Palm Desert's architect, having designed over 65 structures here, many of which
are still in existence. White is considered notable for his influence in early Palm Desert,
CA and his innovative roofing and window systems.
White is increasingly well known for his daring, innovative roofs. The experimental and
patented system he invented in 1954 was employed only once during White's career
and that is at the Miles C. Bates House. White's system explores and exploits wood's
inherent flexibility.
The Mites C. Bates house is eligible for landmark designation by meeting the following
criteria of PDMC Section 29.40.010 C, D, and F, of the Palm Desert Cultural Resources
Ordinance.
C. Embodies distinctive characteristics, or is one of the few remaining examples of a
style, type, period or method of construction or possesses high artistic value.
The Miles C. Bates house is eligible for designation for its distinctive roller
coaster roof that exemplifies high artistic value. Although White patented the
innovative wood roof system that alternated the use of wooden dowels with
complementary biconcave elements to achieve the unique wave shape, the
Bates house is believed to be the only home in existence that used this system.
Additionally White appears to have considered the siting of the home in relation
to the Santa Rosa Mountains in the distance, as the rolling roofline follows the
profile of those southern mountains.
D. Represents the work of a master builder, designer or architect.
The exemplary design of the Bates house by White "embodies his lifelong
ambition to push architecture in new directions, restlessly searching for solutions
that integrated dramatic form making with a pragmatism born of respect for the
material and their capabilities amidst the demanding conditions of the desert.
The house also shows off White's ability to synthesize a harmonious relationship
between common, humble products such as rough -faced concrete masonry units
and upscale materials and technologies such as steel and glass sliding windows
and terrazzo floors."
F. Reflects distinctive examples of community planning or significant
development patterns, including those associated with different eras of
settlement and growth, agriculture, or transportation
Page 2 of 3
Resolution No. 2018-04
Page 3 of 3
NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF
PALM DESERT DOES HEREBY DESIGNATE MILES C. BATES HOUSE, LOCATED
AT 73-697 SANTA ROSA WAY, AS A LOCAL HISTORIC LANDMARK
PASSED, APPROVED, AND ADOPTED b� the City Council of the City of Palm Desert,
California at its regular meeting held this 11t day of January 2018, by the following vote,
to wit:
AYES: HARNIK, KELLY, NESTANDE, and JONATHAN
NOES: NONE
ABSENT: WEBER
ABSTAIN: NONE
ATTEST:
Page 3 of 3