Garcia & Romero/Settlement & Release 17SETTLEMENT AGREEMENT AND RELEASE
FOR SALE OF MOBILE HOME
This SETTLEMENT AGREEMENT AND RELEASE ("Agreement") is entered into this
(-.' day of ,j14 L , 2017 by and between the City of La Quinta ("City") and Enrique
Garcia and Adriana R{mero ("Seller"). The City and Seller are hereinafter sometimes
individually referred to as "Party" and collectively referred to as "Parties."
RECITALS
A. The City is in the process of acquiring a portion of that real property commonly
known as Dune Palms Mobile Home Park ("Park"), located at 46400 Dune Palms Road, La
Quinta, California ("Property").
B. The Property is currently used as a park for mobile homes and other residential
uses.
C. The Seller is the owner of one such mobile home ("Mobile Home"), utilized for
residential purposes on the Property on Space # 84 ("Subject Space"). See Exhibit "C" for
description of Mobile Home and Improvements.
D. Seller desires to sell the Mobile Home to City, and City is willing to purchase
Mobile Home from Seller.
E. The parties hereto desire by this Agreement to provide the terms and conditions
for the full and complete settlement of all of Seller's claims relating to or arising out of the City's
acquisition of the portion of the Dune Palms Mobile Home Park and the displacement of Seller
from the Subject Space within the Park, including but not limited to all of Seller's property rights
and interests, if any, in the Park and the Subject Space, all relocation benefits and assistance
under all applicable law, including but not limited to the State Relocation Assistance Law (Gov.
Code § 7260 et seq.) and the State Relocation. Assistance and Real Property Acquisition
Guidelines (25 C.G.R. § 6000 et seq.), all leasehold interests and rights of tenancy or occupancy,
all improvements, all improvements pertaining to the realty, all furniture, fixture, and equipment,
all personal property including but not limited to the Mobile Home, all vehicles and all contents
thereof, all moving expenses, all replacement housing costs, all rent differential costs, all
reestablishment costs, all lost income, all failure to locate a suitable replacement location, all lost
rental income or sublease or license income, all severance damages, all pre -condemnation
damages, if any, all economic or consequential damages, all administrative and judicial
processes and appeals pertaining to their relocation benefits and assistance, all attorney's fees
and costs, all expert witness fees and costs, all interest, all other costs, and any and all
compensable interests, and/or damages, and/or claims, of any kind and nature, claimed or to be
claimed, suffered or to be suffered, by Seller.
AGREEMENT
In consideration of the foregoing Recitals and the covenants and promises hereinafter
contained, and for good and valuable consideration, the receipt and sufficiency is hereby
acknowledged, the parties hereby agree as follows:
1. Settlement Amount
The total and complete settlement amount to be paid by City to Seller shall be as follows:
a) Fifty Six Thousand Dollars ($56,000.00) ("Settlement") for the sale of the
Mobile Home to the City and any and all relocation and other benefits that may be due
Seller.
The Settlement Amount is to be paid by City in accordance with the terms of this
Agreement.
2. Payments to Seller
In consideration for Seller's strict compliance with his/her obligations set forth in Sections
3, 4 and 5 of this Agreement, City shall pay to Seller the Settlement Amount in the
following manner:
a) City shall pay Seller the Settlement Amount of $56,000.00 upon the
occurrence of both (i) the Occupants vacating the Property in accordance with Section 5
and (ii) Delivery of the Mobile Home pursuant to Sections 3 and 4.
3. Transfer of Ownership of Mobile Home
a) Document to Transfer Ownership. Seller shall execute and deliver to City
concurrently with the execution and delivery of this Agreement, a bill of sale in the form
attached hereto as "Exhibit A" ("Bill of Sale") and thereafter execute and deliver to City
any such other and further documentation required by the Department of Housing and
Community Development ("HCD"), and/or other governmental City, to effectuate a
transfer of ownership to City of the Mobile Home.
b) Registration Fees, Liens. and Encumbrances. Seller hereby represents and
warrants that it is the actual and registered owner of the Mobile Home, free and clear of
any liens or encumbrances. If Seller owes any fees, charges, fines or taxes due to HCD,
City shall pay such amounts due to HCD on Seller's behalf and deduct such payment from
the Settlement Amount.
c) Payment of Sales Taxes and Transfer Fees. City shall pay all sales taxes
imposed by HCD on the sale of Mobile Home to City under this Agreement.
2 4/10/2017
d) Maintenance of Mobile IIome. Until transfer of possession, Seller shall
maintain Mobile Home in as good a condition as it was at the time this Agreement was
entered.
e) Risk of Loss. Until transfer of possession to City, Seller shall be
responsible for any risk of loss or damage to the Mobile Home. Seller shall maintain and
keep in full force and effect, any insurance policies currently insuring the Mobile Home,
until said transfer of possession.
4. Delivery of Mobile Horne I~
On or before`%I�z
} day off, 20` I , Seller shall deliver full and
complete physical possession and control of the Mobile Home to City and relinquish all
rights and interests to such possession and control ("Delivery"), Seller shall effectuate
Delivery by any and all means necessary, including, but not limited to the (i) transfer of
keys and entry devices to City, (ii) execution of any assignments for the benefit of City,
and (iii) waiver of any laws or regulations that would prevent effective Delivery to City,
including waiver of the Mobilehome Parks Act (California Health & Safety Code
§§ 18200 et seq.) and Mobilehome Residency Law (Civil Code 798 et seq.). Prior to
Delivery, Seller shall remove all personal possessions from the Mobile Home and leave
Mobile Honie in a neat and clean condition. Seller shall not remove any built-in
appliances, cabinets, floor coverings, draperies, or other built-in furniture or fixtures.
Seller shall not remove any other item from the Mobile Home, if the removal of such
item will affect the Mobile Home's suitability for future use of Mobile Home (as it is
currently in use) or the Mobile Home's ability to be mobile, portable and/or transportable.
5. Vacating the Property
Seller shall vacate the Mobile Home and Property and cause all occupants of the
Mobile Home, including without limitation any members of his or her family or
household, any co -tenants, guests, and sub -tenants, and any members of any of their
families or househo}ds_("collectively, the "Occupants") to vacate the Property on or before
t day of A -)62Y; 20 1.. "Seller(s) acknowledge and understand that if the
Property is not left free and clear of any debris as stated above, City shall cause
such work to be dont and the cost thereof shall be deducted from Settlement
Amount."
Seller(s) Initials:
Seller shall leave the Property free and clear of any debris and shall remove all personal
property, including without limitation, any abandoned vehicles, furniture, appliances or
equipment. Upon vacating the Property, Seller agrees to execute and deliver a Notice of
Abandonment attached hereto as Exhibit "B." Seller agrees and warrants that upon
payment. by the City of the amounts set forth in this Agreement, all personal property left
in the Mobile I-Iome, Subject Space or Property shall become the property of City.
6. Release
3 4/10/2017
Seller acknowledges and agrees that the Purchase Price is full, final,
complete, and permanent consideration of all claims Seller has or may have, for damages,
compensation, or benefits of any kind, arising out of City's acquisition, and construction
of the Project in the manner proposed. Except for claims to the compensation provided
for under this Agreement, Seller waives any claim arising out of the City's acquisition of
the Mobile Home and Property, and City's pre-acquisition planning for, and execution
and construction of the Project, in the manner proposed. Seller's waiver includes, but is
not limited to, any and all claims against the City for just compensation, leasehold bonus
value, severance damage under Code of Civil Procedure Sections 1263.410 et seq., any
claims for compensation of loss of business goodwill under Code of Civil Procedure
Section 1263.510, interest, litigation expenses, costs of all types, any claims against the
City relating to any construction activity, loss of use, or related impacts to any portions of
the Property, any claims for lost rent, claims for business interruptions or lost profits,
claims for impairment of access, relocation assistance, or benefits, or any claims
whatsoever arising out of the Buyer's planning and procedures leading up to Buyer's
acquisition of the Mobile Home and Porperty, its planning or other activities relating to
the Project, consideration and passage of any resolution of necessity regarding the
Property, and construction of the Project in the manner proposed. Seller waives, releases,
and forever relinquishes and repudiates any rights or recourse it may have against the City
or any of its successors arising from the application of, and forever relinquishes any and
all rights it may have or could have in the future pursuant to Code of Civil Procedure
§1245.245, §1263.510, and §1263.615. These waivers include, but are not limited to, the
following: (a) limitations on the use of the Mobile Home or Property set forth in Code of
Civil Procedure §1245.245(a); (b) the requirement that the Buyer put the Mobile Home or
Property to public use within ten (10) years or either: (i) resell the Mobile Home or
Property to the Seller, or (ii) adopt a resolution of necessity reauthorizing public use of
the Property pursuant to Code of Civil Procedure §1245.245(b); (c) Seller's right to
judicial review of the Buyer's acquisition of the Property under Code of Civil Procedure
§1245.245(d); (d) Seller's potential right of first refusal under circumstances covered by,
and in accordance with, the procedures set forth in Code of Civil Procedure §1245.245(f);
(e) the requirement that the Buyer sell the Mobile Home or Property as surplus under
circumstances covered by, and in accordance with, the procedures set forth in Code of
Civil Procedure §1245.245(g); (f) the requirement that the City pay any financial gain to
the Seller under circumstances covered by, and in accordance with, the procedures set
forth in Code of Civil Procedure §1245.245(h); (g) the requirement that the City give
written notice to the Seller of the rights set forth in Code of Civil Procedure § 1245.245;
and/or (h) the requirement that the City offer the Seller a one-year leaseback agreement
for the Mobile Home or Property, as provided in Code of Civil Procedure §1263.615.
With respect to all the waivers stated herein, Seller acknowledges and agrees that such
waivers relate to both known and unknown claims the Seller may have, or claims to have,
against the Released Parties. These waivers shall be effective regardless of any later -
discovered information, and in connection with such waivers, Seller voluntarily and
knowingly releases any and all protections it may have under California Civil Code
§ 1542, which provides as follows:
4 4/10/2017
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR
HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR.
All such waivers stated in this Agreement are intended to be full and final releases of any
and all claims to which they pertain.
7. Assignment of Claims
To the extent Seller may have any claim, whether relating to damages,
leasehold value, reimbursement, value of tenant improvements, offset, or any other type
of compensation agains the owner of the Park or any other person, arsing from the City's
acquisiton of any portion of the Park, Seller hereby assigns such interest to City. The
intent of this provision is that City shall be able to assert any right of Seller, whether
under a leasehold condemnation clause or otherwise, as may exist against any party, and
as an offset in favor of City against such party, in the event of any such claim. Seller
agrees that the Purchase Price constitutes adequate compensation for this assignment, and
represents that it has not previously assigned such claims and will not do so prior to the
Delivery date of the Mobile Home. Seller will reasonably cooperate with City in
enforcing this provision.
8. Commissions
Each party represents and warrants that neither party has retained any brokers or
finders to represent its interests in connection with this transaction.
9. No Third Party Beneficiaries
This Agreement is provided by the City for the sole benefit of Seller , and no
other person, firm, entity shall have any rights, whether express or implied, with respect
to this Agreement or the matters set forth herein.
10. No Personal Liability
No officer, official, employee, agent, or representative of the City shall be liable
for any amounts due hereunder, and no judgment or execution thereon entered in any
action hereon shall be personally enforced against any such officer, official, member,
employee, agent or representative.
11. Venue/Exclusive Jurisdiction
Any action at law or in equity brought by any party hereto for the purpose of
enforcing the terms of this Agreement shall be brought in the Superior Court of the State
of California in and for the County of Riverside, or such other appropriate court in said
5 4/10/2017
county, and the parties hereto waive all provisions of law providing for the filing,
removal, or change of venue to any other court.
12. Attorneys' Fees
In the event of any action between Seller and City seeking enforcement of any of
the terms and conditions to this Agreement, or otherwise in connection with the Property,
the prevailing party in such action, whether by fixed judgment or settlement, shall be
entitled to recover, in addition to damages, injunctive or other relief, its actual costs and
expenses, but not limited to actual attorneys' fees, court costs and expert witness fees.
13. Merger of Prior Agreements and Understandings
This Agreement contains the entire understanding between the parties relating to
the transaction contemplated by this Agreement. All prior or contemporaneous
agreements, understanding, representations and statements, oral or written, are merged in
this Agreement and shall be of no further force or effect.
IN WITNESS WHEREOF, the City and Seller have signed this Agreement on the date(s) set
forth below.
MAILING ADDRESS OF SELLER SELLER
MAILING ADDRESS OF CITY
City Clerk
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
ATTEST:
By:
FEI%
Name: Susan Maysels, Cityilerk
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
Bv:
Name: William H. Ihrke, City Attorney
Name: Enrique Garcia
yo LOoi0
Name: Adriana Romero
CITY
City of La Quinta
ra k, City Manager
6 4/10/2017
county, and the parties hereto waive all provisions of law providing for the filing,
removal, or change of venue to any other court.
12. Attorneys' Fees
In the event of any action between Seller and City seeking enforcement of any of
the terms and conditions to this Agreement, or otherwise in connection with the Property,
the prevailing party in such action, whether by fixed judgment or settlement, shall be
entitled to recover, in addition to damages, injunctive or other relief, its actual costs and
expenses, but not limited to actual attorneys' fees, court costs and expert witness fees.
13. Merger of Prior Agreements and Understandings
This Agreement contains the entire understanding between the parties relating to
the transaction contemplated by this Agreement. All prior or contemporaneous
agreements, understanding, representations and statements, oral or written, are merged in
this Agreement and shall be of no further force or effect.
IN WITNESS WHEREOF, the City and Seller have signed this Agreement on the date(s) set
forth below.
MAILING ADDRESS OF SELLER SELLER
MAILING ADDRESS OF CITY
City Clerk
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
ATTEST:
SIGNED IN COUNTERPART
Bv:
Name: Susan Maysels, City Clerk
APPROVED AS TO FORM:
Bv:
Name: William William H. Ihrke, City Attorney
G+1
Name Enrique Garcia
Ad .1 ()IR,
Name: Adriana Romero
CITY
City of La Quinta
SIGNED IN COUNTERPART
By:
Name: Frank J. Spevacek, City Manager
6 4/10/2017
EXHIBIT "A"
BILL OF SALE
This Bill of Sale ("Bill of Sale") is made and entered into as of
20 , by and between Enrique Garcia and Adriana Romero ("Seller"), and the City of La
Quinta, hereinafter ("City"), with reference to the following facts.
RECITALS:
A. Seller and City are parties to that certain Agreement for Sale of Mobile Homes
and Settlement Agreement, made and entered into as of , 20 (the "Purchase
Agreement"), pursuant to which Seller, subject to certain terms and conditions, agreed to sell and
convey to City, and City agreed to purchase the Mobile Home (as defined in the Purchase
Agreement) from Seller.
B. Seller desires to sell and transfer the Mobile Home to City.
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties hereto agree as follows:
AGREEMENT:
1. Defined Terms. All capitalized terms used and not otherwise defined in this Bill of
Sale, but defined in the Purchase Agreement, shall have the meaning set forth in the Purchase
Agreement.
2. Sale. Seller hereby grants, sells, conveys, transfers and delivers to City, any and all of
Seller's rights, title and interests in and to the Mobile Home.
3. Limited Warranties. Seller represents and warrants to City that Seller has good and
marketable title to the Mobile Home and Seller is conveying the Mobile Home to City free of all
liens, encumbrances or other claims, except as otherwise provided in the Purchase Agreement.
The foregoing representations and warranties of Seller set forth in this Bill of Sale shall be
deemed continuing representations and warranties made by Seller and shall survive the date
hereof
4. Counterparts. This Bill of Sale may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which, together, shall constitute but one and the
same instrument.
5. Applicable Law. This Bill of Sale shall be governed by and construed in accordance
with the internal laws of the State of California, regardless of any laws on choice of or conflicts
of law of any jurisdiction.
7 4/10/2017
6. Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this
Bill of Sale are solely for the convenience of the parties hereto, are not a part of this Bill of Sale,
and shall not be used for the interpretation or determination of the validity of this Bill of Sale or
any provision hereof.
7. Successor and Assigns. This Agreement shall be binding on and inure to the benefit
of the successors and assigns of the parties hereto.
8. Severability. If one or more provisions of this Bill of Sale are held to be void or
unenforceable in whole or in part, the remaining provisions will continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Bill of Sale as of the date first
written above.
Address:46400 Dune Palms Road, Unit 84
La Quinta, CA 92253
SELLER:
Name: Enrique Garc'a
1\diono no
Name: Adriana Romero
EXHIBIT ONLY
SIGN ORIGINAL DOCUMENT
CITY:
City of La Quinta
By:
Name: Frank J. Spevacek, City Manager
ATTEST:
By:
Name: Susan Maysels, City Clerk
8 4/10/2017
APPROVED AS TO FORM:
By:
Name: William H. lhrke, City Attorney
EXHIBIT ONLY
SIGN ORIGINAL DOCUMENT
9 4/10/2017
EXHIBIT "B"
GE,RTIFICATE OF PROPERTY ABANDONMENT
and VACANCY WALKTHROUGH
Any and all personal property left on the project premises located at
, is to be considered abandoned as of
AS EVIDENCE BY SIGNATURE AND DELIVERY OF KEYS I HEREBY AGREE THAT OCCUPANCY OF
THE LISTED ADDRESS HAS BEEN ABANDONED AND THAT NO FURTHER ENTRANCE TO THE
ABOVE ADDRESS WILL BE MADE.
x
Claimant(s) Name
REPLACEMENT ADDRESS:
Type:
Claimant(s) Signature Date
NEW PHONE
ON THIS DATE I PERSONALLY INSPECTED THE DISPLACEMENT AT THE ABOVE ADDRESS
AFTER THE OCCUPANT HAD MOVED AND FOUND THE PREMISES TO BE IN SATISFACTORY
CONDITION AND THAT ALL PERSONAL PROPERTY, EXCEPT FOR TRASH OR DEBRIS PLACED
FOR REMOVAL, HAD BEEN REMOVED FROM THE ACQUISITION AREA EXCEPT FOR THE
FOLLOWING:
x
Relocation Representative Date
Ll There are tenants remaining on this property. I 1 This property is now vacant. D Abandoned property remains
on site.
PROPERTY MANAGEMENT
Keys given to:
Date:
Received by: X
9
4
General Description
Address:
Unit Number:
Home Owner(s):
Home Manufacturer/Model:
Home Serial Number(s)
Year Manufactured:
Decal Number:
HUD Label/Insignia No.:
Add On Square Footage:
Total Square Footage:
No. Bedrooms:
No. Bathrooms:
Site Improvements:
Exhibit "C"
Mobile Home Description
46400 Dune Palms, La Quinta, CA 92253
84
Enrique Garcia and Adriana Romero
Bendex — Bendex Star Model
S2831 XX & S2831XXU
1967
AAL7621
179829 & 179830
N/A
1,000 sf (20' x 50')
3
2
Approximately 1,200 sf of gravel ground
cover, which was applied within the last 2-3
years. (Mainly located on the north side of
the home and in the rear yard).; Plywood
shed of approximately 8' X 14' size and
other miscellaneous site improvements.
BILL OF SALE
This Bill of Sale ("Bill of Sale") is made and entered into as ofJL4Ly12
2017, by and between Enrique Garcia and Adriana Romero ("Seller"), and the City of La Quinta,
hereinafter ("City"), with reference to the following facts.
RECITALS:
A. Seller and City are parties to that certain Agreement for Sale of Mobile Homes
and Settlement Agreement, made and entered into as of Ju L 1' 1)- , 2017 (the
"Purchase Agreement"), pursuant to which Seller, subject to certain terms and conditions, agreed
to sell and convey to City, and City agreed to purchase the Mobile Home (as defined in the
Purchase Agreement) and described in Exhibit "A' attached hereto from Seller.
B. Seller desires to sell and transfer the Mobile Home to City.
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties hereto agree as follows:
AGREEMENT:
1. Defined Terms. All capitalized terms used and not otherwise defined in this Bill
of Sale, but defined in the Purchase Agreement, shall have the meaning set forth in the Purchase
Agreement.
2. Sale. Seller hereby grants, sells, conveys, transfers and delivers to City, any and
all of Seller's rights, title and interests in and to the Mobile Home.
3. Limited Warranties. Seller represents and warrants to City that Seller has good
and marketable title to the Mobile Home and Seller is conveying the Mobile Home to City free
of all liens, encumbrances or other claims, except as otherwise provided in the Purchase
Agreement. The foregoing representations and warranties of Seller set forth in this Bill of Sale
shall be deemed continuing representations and warranties made by Seller and shall survive the
date hereof.
4. Counterparts. This Bill of Sale may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which, together, shall constitute but one and the
same instrument.
5. Applicable Law. This Bill of Sale shall be governed by and construed in
accordance with the internal laws of the State of California, regardless of any laws on choice of
or conflicts of law of any jurisdiction.
6. Captions. Any captions to, or headings of, the paragraphs or subparagraphs of
this Bill of Sale are solely for the convenience of the parties hereto, are not a part of this Bill of
Sale, and shall not be used for the interpretation or determination of the validity of this Bill of
Sale or any provision hereof
7. Successor and Assigns. This Agreement shall be binding on and inure to the
benefit of the successors and assigns of the parties hereto.
8. Severability. If one or more provisions of this Bill of Sale are held to be void or
unenforceable in whole or in part, the remaining provisions will continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Bill of Sale as of the date
first written above.
Address: 46400 Dune Palms Road, Unit 84
La Quinta, CA 92253
SELLER: Enrique Garcia and Adriana Romero
Enrique Garcia
GPii c) KOOVA/O
Adriana Romero
CITY: + .ity of La
ra
ek, City Manager
ATTEST:
Bv:
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
Bv:
William H. Ihrke, City Attorney
Susan Maysels, City
Sale, and shall not be used for the interpretation or determination of the validity of this Bill of
Sale or any provision hereof.
7. Successor and Assigns. This Agreement shall be binding on and inure to the
benefit of the successors and assigns of the parties hereto.
8. Severability. If one or more provisions of this Bill of Sale are held to be void or
unenforceable in whole or in part, the remaining provisions will continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Bill of Sale as of the date
first written above.
Address: 46400 Dune Palms Road, Unit 84
La Quinta, CA 92253
SELLER: Enrique Garcia and Adriana Romero
Enrique Garcia
Qi) Koo-vuO
Adriana Romero
CITY: City of La Quinta
STONED TN COUNTERPART
By:
Frank J. Spevacek, City Manager
ATTEST:
SIGNED IN COUNTERPART
Susan Maysels, City Clerk
APPROVED AS TO FORM:
William H. Ihrke, City Attorney
General Description
Address:
Unit Number:
Home Owner(s):
Home Manufacturer/Model:
Home Serial Number(s)
Year Manufactured:
Decal Number:
HUD Label/Insignia No.:
Add On Square Footage:
Total Square Footage:
No. Bedrooms:
No. Bathrooms:
Site Improvements:
Exhibit "A"
Mobile Home Description
46400 Dune Palms, La Quinta, CA 92253
84
Enrique Garcia and Adriana Romero
Bendex — Bendex Star Model
S2831 XX & S2831 XXU
1967
AAL7621
179829 & 179830
N/A
1,000 sf (20' x 50')
3
2
Approximately 1,200 sf of gravel ground
cover, which was applied within the last 2-3
years. (Mainly located on the north side of
the home and in the rear yard).; Plywood
shed of approximately 8' X 14' size and
other miscellaneous site improvements.
waif 44ui4a
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Edward J. Wimmer, P.E. Principal Engineer
DATE: June 27, 2017
RE: Settlement Agreement and original Bill of Sale in the amount of
$56,000.00 for Unit 84 of the Dune Palms Street Widening Project
Settlement Agreement.
----0 3 attlik*Avt 41:64_ N11.4. igtat,
Attached for your review and signature is the Settlement Agreement and original Bill
of Sale for Unit 84 of the Dune Palms Street Widening Project Settlement Agreement.
Revl s and sings
Please provide your electronic signature and advise the City Clerk once you have done
so. The City Clerk will continue with full execution and final distribution of the PSA.
Requesting department shall check and attach the items below as appropriate:
N/A Contract payments will be charged to account number:
N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or _ reportable interests
X A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the
definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon: ,, /
X Approved by the City Council on (date) November 15, 2016 C t J j 4-t /5/11
City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of
$50,000 or less
Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following required documents are attached to the agreement:
N/A Insurance certificates as required by the agreement (initialed by Risk Manager on
Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License
Purchase Order number
date)
i Lawyers Title*
Escrow Division
625 E. Carnegie Drive, Suite 105
San Bernardino, CA 92408
Phone: (909) 963-5588 Fax: (866) 696-3389
Escrow Officer: Colleen Graves
Escrow Officer's e-mail: cgraves@ltic.com
THE ESCROW HOLDER IS Lawyers Title Company WHICH IS LICENSED BY THE CALIFORNIA
DEPARTMENT OF INSURANCE.
SETTLEMENT AGREEMENT ESCROW INSTRUCTIONS
THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS - READ IT CAREFULLY!
Escrow No. SBL18306-LT143-CGC
Colleen Graves, CSEO, CEI
Senior Escrow Officer Date: July 27, 2017
These instructions are entered into pursuant to that certain SETTLEMENT AGREEMENT AND RELEASE FOR
SALE OF MOBILE HOME, DATED JULY 12, 2017, executed by
City of La Quinta (BUYER) and
Enrique Garcia and Adriana Romero (SELLER)
A) As Escrow Holder you shall NOT concerned only with those specific provisions as set forth in
Paragraphs 5 AND 7 of the contract.
B) Date of close of escrow shall be prior to October 02, 2017
C) The purchase price of subject property is $56,000.00 and shall be payable at least one (1) business
day prior to close of escrow in the form of "GOOD FUNDS" as described in escrow holder's General
Information/Provisions attached.
E) Escrow Holder shall make no determination as to default, or failure to perform by parties hereto and
both Buyer and Seller acknowledge that in the event of cancellation Escrow Holder must be in receipt
of mutually signed instructions to release funds.
ADDITIONAL INSTRUCTIONS
1. ADDITIONAL FEES (HCD): Buyer and Seller will execute the documentation necessary to effect
the transfer of title of the mobile home, including a Power of Attorney in favor of Escrow Holder.
Upon closing this escrow, you are instructed to forward, or have forwarded, the necessary
documentation and fees to HCD to effect said transfer. If, for some reason, beyond your control,
HCD should require additional documents or fees to complete the transfer, Buyer and Seller will hand
you such documents or funds upon your request. You are instructed to insert the date documents
and fees are submitted to HCD as the date of sale as required on transfer documentation.
2. HCD TITLE INFORMATION SEARCH (FORMAL): You are instructed to order a formal
Information/Title Search Report on the Unit from HCD upon opening the escrow. The required fees
shall be deposited by separate check to cover costs of this report; the Parties understand that these
fees are NON REFUNDABLE. You are relieved of any responsibility and/or liability in determining the
status of Title to the Unit, including any encumbrances or liens at the close of escrow, and may rely
solely upon the report(s) received from HCD as described above or as provided by the Seller. It is
understood by the Parties that there shall be no personal property searches except as may be
specifically set forth in these instructions.
IMPORTANT NOTICE REGARDING DEPOSIT OF FUNDS FOR CLOSING:
Funds received by WIRE TRANSFER are available for immediate disbursement at the close of
escrow. Other forms of payment deposited may cause extended delays in closing. Escrow
Holder will not be responsible for any such delays due to the type of deposits made.
Therefore, we strongly urge any deposits made for closing funds to be in the form of a wire
PLEASE INITIA
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Escrow No.: SBL18306-143-CGC
transfer. Please contact your escrow officer for our wiring instructions, or if you have any
questions regarding this notice.
BUYERS SELLERS
f L.ii] inta
Enrique Garcia
Chris Escobedo, Acting City Manager Adriana Romero
City of La Quinta, CA
ATTEST TO SIGNATURE OF
CHRIS ESCOBEDO, ACTING CITY MANAGER
Susan Maysels, City Cle
City of La Quinta, Cali ornia
PLEASE INITIAL
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Escrow No.: SBL18306-143-CGC
LAWYERS TITLE COMPANY GENERAL PROVISIONS
Please read this important information
(Revised November 2011)
1. DEPOSIT OF FUNDS
The law dealing with the disbursement of funds requires that all funds be available for withdrawal as a matter of right by the
title entity's escrow and/or sub escrow account prior to disbursement of any funds. Only cash or wire -transferred funds can be
given immediate availability upon deposit. Cashier's checks, teller's checks and Certified checks, payable to Lawyers Title
Company which clear through the California Federal Reserve District 12, may be available one business day after
deposit. All other funds such as personal, corporate or partnership checks and drafts are subject to mandatory holding periods
which may cause material delays in disbursement of funds in this escrow. In order to avoid delays, all fundings should be wire
transfer. Outgoing wire transfers will not be authorized until confirmation of the respective incoming wire transfer or of
availability of deposited checks. Parties are aware and understand the California Insurance Code Section 12413.1 (also
known as "Good Funds").
Deposit pf funds into general escrow trust account unless lnstructed otherwise. You may instruct Escrow Holder to deposit
your funds into an interest bearing account by signing and returning the "Notice of Opportunity to Open Interest Bearing
Account", which has been provided to you. If you do not so instruct us, then all funds received in this escrow shall be
deposited with other escrow funds in one or more general escrow trust accounts, which include both non-interest bearing
demand accounts and other depository accounts of Escrow Holder, in any state or national bank or savings and loan
association insured by the Federal Deposit Insurance Corporation (the "depository institutions") and may be transferred to
any other such escrow trust accounts of Escrow Holder or one of its affiliates, either within or outside the State of California. A
general escrow trust account is restricted and protected against claims by third parties and creditors of Escrow Holder and its
affiliates.
Receipt of benefits by Escrow Holder and affiliates. The parties to this escrow acknowledge that the maintenance of such
general escrow trust accounts with some depository institutions may result in Escrow Holder or its affiliates being provided
with an array of bank services, accommodations or other benefits by the depository institution. Some or all of these benefits
may be considered interest due you under California Insurance Code Section 12413.5. Escrow Holder or its affiliates also may
elect to enter into other business transactions with or obtain loans for investment or other purposes from the depository
institution. All such services, accommodations, and other benefits shall accrue to Escrow Holder or its affiliates and Escrow
Holder shall have no obligation to account to the parties to this escrow for the value of such services, accommodations,
interest or other benefits.
Said funds will not earn interest unless the instructions otherwise specifically state that funds shall be deposited in an
interest-bearing account. All disbursements shall be made by check of Lawyers Title Company. The principals to this escrow
are hereby notified that the funds deposited herein are insured only to the limit provided by the Federal Deposit Insurance
Corporation. Any instruction for bank wire will provide reasonable time or notice for Escrow Holder's compliance with such
instruction. Escrow Holder's sole duty and responsibility shall be to place said wire transfer instructions with its wiring bank
upon confirmation of (1) satisfaction of conditions precedent or (2) document recordation at close of escrow. Escrow Holder
will NOT be held responsible for lost interest due to wire delays caused by any bank or the Federal Reserve System, and
recommends that all parties make themselves aware of banking regulations with regard to placement of wires.
In the event there is insufficient time to place a wire upon any such confirmation or the wires have closed for the day, the
parties agree to provide written instructions for an alternative method of disbursement. WITHOUT AN ALTERNATIVE
DISBURSEMENT INSTRUCTION, FUNDS WILL BE HELD IN TRUST IN A NON-INTEREST BEARING ACCOUNT UNTIL THE NEXT
OPPORTUNITY FOR WIRE PLACEMENT.
2. PRORATIONS AND ADJUSTMENTS
All prorations and/or adjustments called for in this escrow are to be made on the basis of a thirty (30) day month unless
otherwise instructed in writing. You are to use information contained on last available tax statement, rental statement as
provided by the Seller, beneficiary's statement and fire insurance policy delivered into escrow for the prorations provided for
herein.
3. GENERAL/SPECIAL PROPERTY TAXES, SUPPLEMENTAL TAX BILLS, BONDS AND ASSESSMENTS
General/Special Property Taxes: Escrow holder shall prorate general and special taxes for the current fiscal year, based
on the most recent and available tax bill from the County Assessor's for this subject property.
Supplemental Taxes: Buyer is advised the County Tax Assessor will revalue property which changes ownership or contains
new construction, and this revaluation may result in a supplemental assessment. The supplemental taxes will be assessed
from the date of the change in ownership or completion of construction. In addition, a lien of supplemental taxes for the
current fiscal year, if any, assessed pursuant to Chapter 3.5 (commencing with Section 75) of the California Revenue and
Taxation Code will be prorated at the close of escrow.
Bonds and Assessments: All existing unpaid bonds and assessments levied or assessed prior to the date of the close of
escrow shall be prorated, based upon the latest available public information. Any assessments made by the Tax Assessor
prior to closing but not part of the public records and not disclosed by the Seller in writing to escrow holder, including but not
limited to: weed abatement and code violations, shall not be the responsibility of escrow holder and will not be included in
any prorations at closing. The parties agree to make any adjustments outside of escrow.
Refunds: Any tax refunds issued to Seller outside of this escrow by the Tax Collectors office which are not of public record
and are not disclosed in writing to escrow holder prior to the close of escrow, shall not be the responsibility of escrow holder
in the proration calculations used for the closing of this transaction. The parties are to make any adjustments OUTSIDE OF
THIS ESCROW and agree the escrow holder shall have no responsibility regarding same. It is the sole responsibility of the
Seller to disclose to the Buyer if such a refund is received.
Any tax bills, supplemental tax bills, bonds and assessments issued, levied or adjusted after the close of this
transaction shall be handled directly between Buyer and Seller, outside of escrow.
4. UTILITIES/POSSESSION
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Escrow No.: SBL18306-143-CGC
Transfer of utilities and possession of the premises are to be settled by the parties directly and outside escrow.
5. PREPARATION AND RECORDATION OF INSTRUMENTS
Escrow Holder is authorized to prepare, obtain, record and deliver the necessary instruments to carry out the terms and
conditions of this escrow and to order the policy of title insurance to be issued at close of escrow as called for in these
instructions. Close of escrow shall mean the date instruments are recorded.
6. SPECIAL RECORDING; LATE CONFIRMATION OF RECORDING
Seller's proceeds may not be available, and encumbrances may not be paid off, until the first business day following the day
of recording if 1) documents recorded at close of escrow are recorded later in the day than 8:00 a.m. (which is called a
"special recording") or if 2) the County Recorder does not provide confirmation of recording within sufficient time to allow
same-day disbursement of funds by wire or check.
7. AUTHORIZATION TO FURNISH COPIES
You are authorized to furnish copies of these instructions, supplements, amendments, notices of cancellation and closing
statements, to the Real Estate Broker(s) and Lender(s) named in this escrow.
8. FEES PAID IN ADVANCE:
Escrow holder is instructed to use Buyer's funds deposited into escrow to pay any advanced fees required prior to close of
escrow for such items as, but not limited to, charges by a Homeowners Association or their designated management company
for ordering documents, lender's charges for a payoff statement, or city's charge for city reports or inspections related
thereto. You are authorized, at the close of escrow, to charge the appropriate party for any fees advanced. In the event
escrow should cancel, Buyer and Seller agree to handle the exchange of any documents, inspections, reports and/or funds
advanced, outside of this escrow. Escrow holder shall not be held liable or responsible for the reimbursement of funds
advanced or the return of any documentation provided to Buyer.
9. FEES, CHARGES AND MESSENGER FEES
Escrow, Title and Overnight Fees are to be charged to the principals' accounts in accordance with the posted rates filed with
the Department of Insurance. The charges which the Company will make for sending documents and/or checks via overnight
services shall be the amount actually billed providing a bill is secured by escrow holder. Special messenger fees will be
charged at the actual cost of the messenger service. Recording charges are to be charged to the principals' accounts in
accordance with customary practices in this County, unless Escrow Holder is instructed to do otherwise in writing.
10. RIGHT OF CANCELLATION
Any principal instructing you to cancel this escrow shall file notice of cancellation in your office in writing. You shall, within two
(2) working days thereafter, deliver one copy of such notice to each of the other principals at the addresses stated in this
escrow. UNLESS WRITTEN OBJECTION TO CANCELLATION IS FILED IN YOUR OFFICE BY A PRINCIPAL WITHIN TEN (10) DAYS
AFTER DATE OF SUCH MAILING, YOU ARE AUTHORIZED TO COMPLY WITH SUCH NOTICE AND DEMAND PAYMENT OF YOUR
CANCELLATION CHARGES. If written objection is filed, you are authorized to hold all money and instruments in this escrow
and take no further action until otherwise directed, either by the principals' mutual written instructions, or by final order of a
court of competent jurisdiction.
11. RIGHT OF RESIGNATION
Escrow Holder has the right to resign upon written notice delivered to the principals herein. If such right is exercised, all funds
and documents shall be returned to the party who deposited them and Escrow Holder shall have no liability hereunder.
12. HAZARD INSURANCE POLICIES
Buyer shall obtain Fire/Hazard Insurance coverage, if applicable, on the subject property prior to the close of escrow, as per
requirements of the new lender. If Buyer has not paid policy premium prior to close of escrow, Escrow Holder is authorized
and instructed to debit Buyer's account with the cost of the annual premium and pay such premium to the insurance agent
and/or company, at the close of escrow, from funds deposited by Buyer. Escrow Holder is instructed to request that the
insurance company deliver the original policy and copies, as required, to all necessary parties. In the event the property is
covered by a blanket insurance policy, Buyer shall provide Escrow Holder with a Certificate of Insurance. FAILURE TO
PROVIDE FIRE/HAZARD INSURANCE WILL DELAY THE CLOSE OF ESCROW. Escrow Holder has no obligation to obtain fire or
other insurance in the absence of a written instruction to do so.
Further, there shall be no responsibility upon the part of Escrow Holder to renew hazard insurance policy(s) upon expiration or
otherwise keep it in force either during or subsequent to the close of escrow. Cancellation of any existing hazard insurance
policies is to be handled directly by the principals, and outside of escrow.
13. ACTION IN INTERPLEADER
The principals hereto expressly agree that you, as Escrow Holder, have the absolute right at your election to file an action in
interpleader requiring the principals to answer and litigate their several claims and rights among themselves and you are
authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed,
the principals jointly and severally agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees
which you are required to expend or incur in such interpleader action, the amount thereof to be fixed and judgment therefore
to be rendered by the court. Upon the filing of such action, you shall thereupon be fully released and discharged from all
obligations imposed by the terms of this escrow or otherwise.
14. TERMINATION OF AGENCY OBLIGATION
If there is no action taken on this escrow within six (6) months after the "time limit date" as set forth in the escrow
instructions or written extension thereof, your agency obligation shall terminate at your option and all documents, monies or
other items held by you shall be returned to the parties depositing same. In the event of cancellation of this escrow, whether
it be at the request of any of the principals or otherwise, the fees and charges due Lawyers Title Company, including
expenditures incurred and/or authorized shall be borne equally by the parties hereto (unless otherwise agreed to specifically).
15. CONFLICTING INSTRUCTIONS/DISPUTES
Upon receipt of any conflicting instructions, you are to take no action in connection with this escrow until non -conflicting
instructions are received from . of the principals to this escrow (subject to sections 10, 11, 13 and 14 above).
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Escrow No.: SBL18306-143-CGC
No notice, demand or change of instruction shall be of any effect in this escrow unless given in writing by all parties affected
thereby. In the event a demand for funds and/or documents deposited with Escrow Holder in connection with this escrow is
made and which is not concurred in by all parties hereto, Escrow Holder, notwithstanding which party made such demand,
may elect to do any of the following:
(i) Take no further action in connection with this escrow and continue to hold such funds and/or documents until receipt
of mutual concurring instructions from all parties to this escrow as to the disposition of such funds and/or
documents;
(ii) Commence an action in interpleader and obtain an order from the court allowing Escrow Holder to deposit such funds
and/or documents with the court, in which case Escrow Holder shall have no further liability or obligations with
respect to this escrow; or
(iii)In the event that any party commences an action against any other party with respect to this escrow, deposit such
funds and/or documents with the court, in which case Escrow Holder shall have no further liability or obligations with
respect to this escrow.
In the event Escrow Holder interpleads any funds and/or documents with any court pursuant to either subparagraphs (ii) or
(iii) above, Escrow Holder shall be entitled to reimbursement of its reasonable attorneys' fees and expenses of litigation in
connection with such action. Escrow holder shall also_be entitled to any canceilatjgn fees or costs incurred as a
result of this trans olion1
16. REIMBURSEMENT ATTORNEY FEES/ESCROW HOLDER
In the event that a suit is brought by any party or parties to these escrow instructions to which the Escrow Holder is named
as a party which results in a judgment in favor of the Escrow Holder and against a principal or principals herein, the principals
or principals' agent agree to pay said Escrow Holder all costs, expenses and reasonable attorney's fees which it may expend
or incur in said suit, the amount thereof to be fixed and judgment therefore to be rendered by the court in said suit.
17. DELIVERY/RECEIPT
Delivery to principals as used in these instructions, unless otherwise stated, shall be by personal delivery to the principal,
regular mail, email or fax to any of the contact information provided in these instructions. If delivered by regular mail, receipt
is determined to be 72 hours after such mailing. All notices, change of instructions, communications and documents
addressed to Escrow Holder are to be delivered in writing to the office of Lawyers Title Company at the address as set forth in
these instructions.
18. STATE/FEDERAL CODE NOTIFICATIONS
1099 Reportina: According to Federal Law, the Seller, when applicable, will be required to furnish escrow holder with
sufficient information in order to file a 1099 statement to the Internal Revenue Service.
PCOR FORM: Prior to the close of escrow, Buyer may hand Escrow Holder a fully completed and executed "Preliminary
Change of Ownership Report" (PCOR) pursuant to the requirements of California Revenue and Taxation Code Section 480.3.
Buyer may elect not to complete and execute said form prior to the close of escrow. Should Buyer choose not to execute the
PCOR or should the County Recorder's office reject the PCOR for any reason, Buyer is aware that a $20.00 charge will be
assessed by the County Recorder's office and Escrow Holder will charge the account of Buyer accordingly. In the event the
PCOR has not been filed at the time the documents record OR the County Tax Assessors office determines that the form has
not been properly completed, Buyer will be responsible for obtaining and completing a new PCOR and any additional
documents that may be required by the Assessor's office. Failure to file a proper PCOR will result in additional penalties in
accordance with Section 480 of the California Revenue and Taxation Code. Escrow Holder's sole duty shall be the delivery of
the PCOR to the County Recorder at the time of recordation of transfer documents, if it is provided to Escrow Holder. Escrow
Holder assumes no liability or responsibility regarding the proper completion of the PCOR.
NON-RESIDENT ALIEN /FIRPTA J; The Foreign Investment in Real Property Tax Act (FIRPTA), Title 26 U.S.C., Section
1445, and the regulations there under, provide in part, that a transferee (buyer) of a U.S. real property interest from a
foreign person (non-resident alien) must withhold a tax equal to ten percent (10%) of the amount realized on the disposition,
report the transaction and remit the withholding to the Internal Revenue Service within twenty (20) days after the transfer.
Lawyers Title Company has not and will not participate in any determination of whether the FIRPTA tax provisions are
applicable to the subject transaction, nor act as a Qualified Substitute nor furnish tax advice to any party to the transaction.
Lawyers Title Company is not responsible for determining whether the transaction will qualify for an exception or an
exemption and is not responsible for the filing of any tax forms with the Internal Revenue Service as they relate to FIRPTA.
Lawyers Title Company is not the agent for the buyer for the purposes of receiving and analyzing any evidence or
documentation that the Seller in the subject transaction is a U.S. citizen or resident alien. The buyer is advised they must
independently make a determination of whether the contemplated transaction is taxable or non-taxable and the applicability
of the withholding requirement to the subject transaction, and should seek the advice of their attorney or accountant.
Lawyers Title Company is not responsible for the payment of this tax and/or and penalty and/or interest incurred in
connection therewith and such taxes are not a matter covered by the Owner's Policy of Title Insurance to be issued to the
Buyer. The Buyer is advised they bear full responsibility for compliance with the tax withholding requirement if applicable
and/or for payment of any tax, interest, penalties and/or other expenses that may be due on the subject transaction.
CALIFORNIA WITHHOLDING: In accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be
required to withhold an amount equal to 3 1/3 percent of the sales price or the amount that is specified in a written certificate
executed by the transferor in the case of a disposition of California real property interest by either:
1. A seller who is an individual, trust, or estate or when the disbursement instructions authorize the proceeds to be sent to a
financial intermediary of the seller, OR
2. A corporate seller that has no permanent place of business in California immediately after the transfer of title to the
California real property.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount
required to be withheld or five hundred dollars ($500).
However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required
to withhold any amount or be subject to penalty for failure to withhold if:
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Escrow No.: SBL18306-143-CGC
1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR
2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a corporation with a
permanent place of business in California, OR
3. The seller, who is an individual, trust, estate or a corporation without a permanent place of business in California
executes a written certificate, under the penalty of perjury, of any of the following:
A. The California real property being conveyed is the seller's or decedent's principal residence (within the meaning of
Section 121 of the Internal Revenue Code).
B. The last use of the property being conveyed was use by the transferor as the transferor's principal residence within
the meaning of Section 121 of the Internal Revenue Code.
C. The California real property being conveyed is or will be exchanged for property of like kind (within the meaning of
Section 1031 of the Internal Revenue Code), but only to the extent of the amount of gain not required to be
recognized for California income tax purposes under Section 1031 of the Internal Revenue Code.
D. The California real property has been compulsorily or involuntarily converted (within the meaning of Section 1033 of
the Internal Revenue Code) and that the seller intends to acquire property similar or related in service or use so as
to be eligible for nonrecognition of gain for California income tax purposes under Section 1033 of the Internal
Revenue Code.
E. The California real property transaction will result in a loss or a net gain not required to be recognized for California
income tax purposes.
The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding
requirement.
The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced
withholding and waivers from withholding on a case-by-case basis for corporations or other entities.
Buyer understands that in no event will Escrow Holder undertake to advise Buyer and/or Buyer's representative on the
possible application of the above code sections to this specific transaction. Unless expressly instructed by Seller and Buyer
herein, Buyer understands that Escrow Holder will NOT assist in obtaining a waiver from withholding from the Franchise Tax
Board.
Should Buyer and Seller herein direct Escrow Holder to undertake any activities pursuant to the withholding provisions under
California law, Buyer and Seller agree to cooperate fully in providing necessary information to Escrow Holder. Buyer and Seller
agree to indemnify and hold Escrow Holder harmless in the event of noncompliance resulting from information supplied by
either Buyer and/or Seller. For additional information concerning the withholding provisions under the code sections
referenced above, please contact the Franchise Tax Board -Withhold -at -Source Unit at (888) 792-4900, P.O. Box 651,
Sacramento, CA 95812-0651. Web address: www.ftb.ca.gov
19. ENCUMBRANCES
Escrow Holder is to act upon any statements furnished by a lienholder or his agent without liability or responsibility for the
accuracy of such statements. Any adjustments necessary because of a discrepancy between the information furnished Escrow
Holder and any amount later determined to be correct shall be settled between the parties direct and outside of escrow.
You are authorized, without the need for further approval, to debit my account for any fees and charges that I have agreed to
pay in connection with this escrow, and for any amounts that I am obligated to pay to the holder of any lien or encumbrance
to establish the title as insured by the policy of title insurance called for in these instructions. If for any reason my account is
not debited for such amounts at the time of closing, I agree to pay them immediately upon demand, or to reimburse any
other person or entity who has paid them.
20. ENVIRONMENTAL ISSUES
Lawyers Title Company has made no investigation concerning said property as to environmental/toxic waste issues. Any due
diligence required or needed to determine environmental impact as to forms of toxification, if applicable, will be done directly
and by principals outside of escrow. Lawyers Title Company is released of any responsibility and/or liability in connection
therewith.
21. USURY
Escrow Holder is not to be concerned with any questions of usury in any loan or encumbrance involved in the processing of
this escrow and is hereby released of any responsibility or liability therefore.
22. DISCLOSURE
Escrow Holder's knowledge of matters affecting the property, provided such facts do not prevent compliance with these
instructions, does not create any liability or duty in addition to these instructions.
23. FACSIMILE/ELECTRONIC SIGNATURE
Escrow Holder is authorized and instructed that, in the event any party utilizes a "facsimile" transmitted signed documents or
instructions to Escrow Holder, you are to rely on the same for all escrow instruction purposes and the closing of escrow as if
they bore original signatures. Electronic signatures are not acceptable on recordable documents or any
documents/Instructions prepared by escrow holder, "Electronic Signature" means, as applicable, an electronic copy or
signature complying with California Law.
24. CLARIFICATION OF DUTIES
Legal Advice: Lawyers Title Company serves ONLY as an Escrow Holder in connection with these instructions and cannot give
legal advice to any party hereto.
SufflclencvfCorrectness: Escrow Holder is not to be held accountable or liable for the sufficiency or correctness as to form,
manner of execution, or validity of any instrument deposited in this escrow, nor as to the identity, authority or rights of any
person executing the same. Escrow Holder's duties hereunder shall be limited to the proper handling of such money and the
PLEASE INITIAL Page 6 of 7
Escrow No.: SBL18306-143-CGC
proper safekeeping of such instruments, or other documents received by Escrow Holder, and for the disposition of same in
accordance with the written instructions accepted by Escrow Folder.
Executed Instructions: The agency and duties of Escrow Holder commence only upon receipt of copies of these Escrow
Instructions executed by all parties.
No Duty To Notify As To Other Trans ctian: Escrow Holder shall have no duty or responsibility to notify any party to this
escrow of any sale, resale, loan, exchange or other transaction involving the property which is the subject of this escrow or
any profit realized by any person or entity in connection therewith, notwithstanding that Escrow Holder may act as escrow
holder for such transaction(s) in this or another escrow(s).
,Record Retention; After the closing or cancellation of this escrow, Escrow Holder shall retain the escrow file(s) pertaining to
this escrow fora minimum of one year, after which time Escrow Holder is authorized to destroy or otherwise dispose of such
file(s) without notice or liability to the parties hereto.
Disclosure Reoorts: Escrow Holder is not to be concerned with disclosures made by the parties to each other. In the event
Escrow Holder receives any disclosure reports requiring signatures or approval by a party, Escrow Holder's only responsibility
will be to forward the report to the appropriate party.
25. FAILURE TO CLOSE TIMELY
If the conditions for closing this escrow have not occurred at the time set forth herein for closing, Escrow Holder is
nevertheless to continue to act hereunder and to close this escrow as soon thereafter as such conditions (except as to time)
shall have been met, unless any party shall have made a written demand on Escrow Holder for cancellation of this escrow
and/or for the return of any funds andfor documents deposited by such party.
26. FUNDS HELD IN ESCROW
When the company has funds remaining in escrow over 90 days after close of escrow or estimated close of escrow, the
Company shall impose a monthly holding fee of $25.00 that is to be charged against the funds held by the Company.
THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF, AND BINDS ALL PARTIES HERETO, THEIR HEIRS,
LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE CONTEXT SO
REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, AND THE SINGULAR NUMBER INCLUDES THE
PLURAL. THESE INSTRUCTIONS AND ANY OTHER AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS,
EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH.
MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS CONTAINED IN
THIS AND ALL PRECEEDING PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE GENERAL
PROVISIONS.
Lawyers Title Company conducts escrow business under Certificate of Authority No. 281 issued by the
California Department of Insurance.
BUYERS
SELLERS
Enrique Garcia
Chris Escobedo, Acting City Manager Adriana Romero
City of La Quinta, CA
ATTEST TO SIGNATURE OF
CHRIS ESCOBEDO, ACTING CITY MANAGER
CITY OF LA QUINTA, CALIFORNIA:
Susan Maysels, City Clerk
City of La Quinta, Califor'ia
PLEASE INITIAL
Page 7 of 7
STATE OF CALIFORNIA
BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF CODES AND STANDARDS
REGISTRATION AND TITLING PROGRAM
POWER OF ATTORNEY
SECTION I. DESCRIPTION OF UNIT
This unit is a:
[ X ] Manufactured Home/Mobilehome [ ] Commercial Modular [ ] Floating Home
The Decal (License) No. (s) of the unit is: AAI 7621
The Trade Name of the Unit is:
] Truck Camper
The Serial No. (s) of the unit is: S2831XX S2831XXU
SECTION II. APPOINTMENT OF ATTORNEY-IN-FACT
To the Department of Housing and Community Development, and to whom it may concern:
(PRINT FULL NAME)
I, THE CITY OF LA QUINTA
(Last)
(First) (Middle)
I, GARCIA ENRIQUE
(Last)
(First) (Middle)
1, ROMERO ADRIANA
(Last)
(First) (Middle)
the undersigned do hereby duly appoint the following named person: LAWYERS TITLE COMPANY
to act as my attorney-in-fact, only to sign papers and documents that may be necessary in order to secure California
registration of or to transfer my interest in the above described unit.
SECTION III. ASSIGNOR'S CERTIFICATION
I/We agree to guarantee and save harmless the State of California and the Director of Housing and Community
Development from all responsibility which might accrue from the issuance of California registration or transfer of
such unit.
NOTE: An attorney-in-fact cannot make ffidavit or certificate of the truth of facts unknown to him.
Signed
Chris Escobedo, Acting City Manager
City of La Quinta, CA
Date
Signed Date
HCD 475.4 (Rev. 11/14) LTC 2-16
C
STATE OF CALIFORNIA
BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF CODES AND STANDARDS
REGISTRATION AND TITLING PROGRAM
APPLICATION FOR REGISTRATION
(New Title Information Only)
DEPARTMENT USE ONLY
NEW DECAL #
OLD DECAL #
Name of Manufacturer
BENDEX
Trade Name
Date of
Manufacture
1%7
Model Name
or #
BENDEX STAR
ILT
Exemption
ILT
Date First Sold
New
DECAL/LICENSE #
MANUFACTURER SERIAL
NUMBER(S)
HUD LABEL OR HCD
INSIGNIA #
Length
(inches)
Width
(inches)
Weight
(Pounds)
AAL7621
S2831XX
179829
50
10
52831XXU
179830
50
10
OitIIG COST PRICE
SALE
IDd7i %AM8ED45)
REGISTERED
OWNERS(S)
[Print true
name(s)]
If applicable,
check one
DTII DA7EiSi
__CLERK'S MOTIALS
SALE f1 T
Last
1. City of La Quinta
2.
s.
First
Middle
of the following: [] TENCOM OR 0 JTRS p TENCOM AND ti COMPRO 0 COMPRORS
Current Mailing
Address
Street
Future Mailing
Address (if
different than
above) .
Effective Date:
City
County
Slate
Zip
Street
City
County
State
Zip
<_>
Situs (Location)
Address of unit
Legal Owner
(Lienholder)
Print true name(s)
Street
46400 Dune Palms Road, #84
City
La Quinta
PPF
RF
ILT
MRF
PEN 1
PEN 2
TRF
DUPT
DUPR
SURD
CONE
REPO
RREG
aunty State
Iverside CA
Zip
92253
1f a..linable, check one of the followin.: TENCOM OR JTRS TENCOM AND COMPRO 1 COMPRORS
Mailing City State Zip
Address - >
Street
Junior
Lienholder
Print true name(s)
1f applicable. check one of the following: Ii TENCOM OR 0 JTRS j] TENCOM AND 0 COMPRO j] COMPRORS
Mailing Street
Address
City State
RSF
PLT
SIT
IITP
RT
ASF
MHP
Zip
Add JR/LH
[stop]
Note: APPLICANT , PLEASE READ AND COMPLETE THE QUESTIONNAIRE ON THE REVERSE SIDE.
1/We certify under penalty of perjury that the statements made in this application are true and correct.
Executed on at
(Date) ( City) (Slate)
Signature(s) of
Above
Registered
Owner(s)
1.
CCP
TOTAL
Chris Escobeda, Acting City Manager
City of La Quinta, CA
HCD 480.5 Side 1 (Re
O V E R LAN D
P A t If
CUTLER, LLC
October 17, 2017
Edward J. Wimmer, P.E.
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
www.DPCservices. om
VIA GSO Delivery; Tracking# 538008766
Regarding: Dune Palms Improvement Project
Closing Escrow Documents
Mobile Home Escrow# SBL18306-LT143-CGC
Dear Mr. Wimmer,
Enclosed please find escrow closing documents for the parcel listed below:
2280 Market St.cet, 5 unto 340
Riverside, CA 42501
951.683.2353 ph 1 951.683.3901 fax
RECEIVED
OCT 1 8 2017
CITY OF LA QUINTA
CITY CLERK DEPARTMENT
Address
Seller
Internal
Escrow Closed
Documents:
46400 Dune
Palm Road Unit
84
Garcia /
Romero
09/29/2017 1 -Buyer's Final Closing Statement
1 -Escrow Refund Check# 1430037184
for the amount of $200.00
1 -Copy of Executed Agreement
If you have any questions regarding the enclosed, please do not hesitate to contact John Cutler, Senior
Project Manager at (562)755-8852
Sincerely,
Overland, Pacific & Cutler, Inc,
VTQCJ.._
Brenda MuF ro
Escrow Supervisor
Enclosures
SBL18306 As of 10/3/2017 11:03:58 AM
Page 1
i� Law�rsTitle
Lawyers Title Company
625 E. Carnegie Drive, Suite 105 San Bernardino CA
92408
Phone: (909) 963-5588
Fax: (909) 963-5589
Escrow Officer: Colleen Graves
i
i
SBL18306-CGC
Buyer's / Borrower's Settlement Statement - Final
Property: 46400 Dune Palms 84, La Quinta, CA 92253
Buyer: City of La Quinta
Purchase Price
Purchase Price
Deposits
Deposit by Buyer
Escrow Charges
Document Preparation to Lawyers Title Company
Escrow Fees
Escrow Fees to Lawyers Title Company
Additional Settlement Fees
HCD Search fee to Dept. of Housing and Community Development
Sales tax - 3818 @ 8.75% to Dept. of Housing and Community
Development
HCD Transfer fee to Dept. of Housing and Community Development
Refund
Totals:
Closed Date: 9/29/2017
Loan Number:
Disbursement Date: 9/29/2017
Escrow Number: SBL18306-CGC
Debits
$56,000.00
$300.00
$800.00
$35.00
$334.08
$275.00
$200.00
Save this Statement for Income Tax purposes.
Credits
$57,944.08
$57,944.08 $57,944.08