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1994-0913_ORANGE, COUNTY OF_Offer and Agreement1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IPM 801-7 Old San Juan Capistrano Fire Station OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY THIS OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY is made S 13 , 1994 by and between the County of Orange hereinafter referred to as "C NTY," and the City of San Juan Capistrano hereinafter referred to as "CITY." RECITALS A. COUNTY owns the real property, hereinafter referred to as the "Property," described in Exhibit A and shown on Exhibit B, both attached hereto and made a part hereof. IB. COUNTY currently leases the Property to CITY for use as a Community Services Center. C. CITY wishes to purchase the Property from COUNTY for continuation of said use and has offered to purchase said Property from COUNTY for Two Hundred Sixty -Five Thousand Dollars ($265,000) which amount is hereinafter referred to as "Purchase Price." D. COUNTY is willing to sell the Property to CITY for said Purchase Price subject to its continued use as a Community Services Center and subject to the terms and conditions of this Offer and Agreement to Purchase Real Property, hereinafter referred to as "AGREEMENT." NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained COUNTY and CITY agree as follows: 1. COUNTY: a. Accepts CITY's offer to purchase the subject Property for Two Hundred Sixty -Five Thousand Dollars ($265,000); b. Shall execute and acknowledge a Quitclaim Deed in the form of Exhibit A attached, conveying title to the Property to CITY; C. Shall deliver this executed AGREEMENT to First American Title Insurance Company (hereinafter referred to as "Escrow Holder") and open an escrow. However, CITY hereby agrees that COUNTY's Director, GSA/Real Estate, or designee, (hereinafter referred tar as "Director") may unilaterally open escrow at such escrow company, other than noted herein, as may be necessary to carry out the terms of this AGREEMENT. This executed AGREEMENT shall constitute the escrow instructions to the Escrow Holder together with the General Provisions attached hereto as Exhibit E. COUNTY's Director is designated to unilaterally commence and coordinate this Escrow with the Escrow Holder. Any required amendments or supplements to the escrow which become necessary to carry out the terms of this AGREEMENT must be executed by the 000NTY's Director, or designee. DLG:km 8093-1 7-12-94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For purposes of this AGREEMENT, "close of escrow" means the date the deed(s) and other documents are recorded in the Office,of the County Recorder. d. Shall deliver the executed Quitclaim Deed to said Escrow Holder within ten days after the date of this agreement; e. Makes no warranties or representations whatsoever with regard to the quality of the title to the Property; and f. Shall provide no title insurance in this transaction. 12. CITY: a. Shall, in consideration of the transfer of Property by COUNTY to CITY, deliver to Escrow Holder, within five days after execution of this Agreement by COUNTY, a properly executed Note in the principal sum of Two Hundred Sixty -Five Thousand Dollars ($265,000) in the form of Exhibit C attached hereto. b. Shall, as security for the payment of the above -stated sum, deliver to Escrow Holder a properly executed Deed of Trust in the form of Exhibit D attached hereto within five days after execution of this Agreement by COUNTY. C. Shall pay escrow and recording fees incurred in this transaction and the premium charged for title insurance, if such insurance is desired by CITY. d. Shall accept title to the Property "as is" subject to all matters affecting the property whether recorded or unrecorded; e. Shall restrict use of the Property to providing a community services center for and on behalf of the citizens of Orange County. 3. CITY understands and agrees that the Purchase Price for the property is below fair market value, and that COUNTY has accepted said Purchase Price in. consideration of CITY's restricting the use of the Property to a community services center. CITY and COUNTY agree that in the event the subject property, or any portion thereof, is subsequently sold or leased by CITY, CITY shall pay to COUNTY an amount equal to 80% of the sales price or 80% of the rent due under the lease. 4. It is hereby agreed by CITY and COUNTY that the lease between the parties dated June 2, 1982 is hereby terminated. 5. All documents, correspondence, and communications concerning this transaction shall be directed as follows: T0: CITY DLG:km 8093-2 7-12-94 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 TO: COUNTY County of Orange GSA/Real Estate 14 Civic Center Plaza Santa Ana, CA 92701 6. This agreement includes the following, which are attached hereto and made a part hereof: EXHIBIT A - QUITCLAIM DEED EXHIBIT B - MAP EXHIBIT C - NOTE EXHIBIT D - DEED OF TRUST EXHIBIT E - GENERAL PROVISIONS DLG:km 8093-3 7-12-94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (CITY hereby submits this offer with full knowledge of the terms and conditions contained therein. (COUNTY has considered and accepts this offer. SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Alas:� i &44 � HYLLIS A. HENDERSON SEP 13 1994 Cler of the Board of Supervisors (APPROVED AS TO FORM: County Counsel (RECOMMENDED FOR APPROVAL: General Services Agency Real Estate By: 24 25 26 27 28 DLG:km 8093-4 7-12-94 CITY CITY OF SAN JUAN CAPISTRANO By By COUNTY COUNTY OF ORANGE By: Chairman, Board of StIpervisofs Date: SEP 13 1994 RECORDED AT REQUEST OF: WHEN RECORDED MAIL TO: COUNTY OF ORANGE GENERAL SERVICES AGENCY REAL ESTATE 14 CIVIC CENTER PLAZA, 3RD FLOOR SANTA ANA, CALIFORNIA 92701 ATTN: SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ A. P. NO: Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. UNINCORPORATED AREA X INCORPORATED, CITY OF San Juan Capistrano Project/Parcel No: PM801-7 Project: Old San Juan Capistrano Fire Station QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COUNTY OF ORANGE do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to all RIGHT, TITLE, and INTEREST in and to the real property in the County of Orange, State of California, described as: (See Page 2.) MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT A 1038* TG:sa 9-28-93 (1 of 2 ) P4-3 DLG:km:jeh 8278-1 6-7-94 Lots 9, 10, 11, 12, 13 and 14 in Block Six (6) of Tract No. 808, "Mission Hill Tract", in the City of San Juan Capistrano, County of Orange, State of California, as per map thereof recorded in Book 24, Page 23 of Miscellaneous Maps, records of said Orange County. Excepting therefrom all mineral deposits as defined in Section 6407 of the Public Resources Code below a depth of 500 feet, without surface rights of entry, as reserved by the State of California in a deed recorded November 4, 1980, in Book 13819, Page 335, Official Records. GRANTEE agrees that in the event the subject property, or any portion thereof, is sold or leased by GRANTEE, GRANTEE shall pay to GRANTOR an amount equal to eighty percent (80%) of the sales price or eighty percent (80%) of the rent due under the lease. EXHIBIT A (2 of 2) DLG:km 8278-2 6-2-94 -2- P�1kcE1 .4,eF,4 . -&e XC. "PLOT AN -5.4.V L7' AA/ S TA Tlo.v LA AJ,4• 1;';eV2,4 Plan No...�M ,dCTAL.�,/Eti1A Design: Drawn:..�D . Chkd: Approved: County of Orange . Architect & Engineer Division DO NOT DESTROY THIS NOTE: When paid, this Note, with Deed of Trust securing same, must be surrendered to Trustee for cancellation, before reconveyance will be made. INSTALLMENT NOTE SECURED BY DEED OF TRUST INTEREST INCLUDED - (BALANCE DUE) Santa Ana, California, 19 In installments as hereinafter stated, for value received, City of San Juan Capistrano promises to pay to the County of Orange or order, at the office of the Auditor - Controller of the County of Orange, 630 North Broadway (P.O. Box 567), Santa Ana, California 92702, the sum of Two Hundred Sixty-five Thousand Dollars ($265,000) with interest from on unpaid principal at the rate of eight percent per annum;-' principal and interest payable in installments of One Thousand Nine Hundred Forty-four Dollars and Sixty-seven Cents ($1,944.67) on the first day of each month, beginning on the first day of , 19 , and continuing until the day of , 19 , on which day the unpaid balance of said principal sum, with the unpaid interest due thereon, shall become due and payable. Each payment shall be credited first on interest then due and the remainder on principal; and interest shall thereupon cease upon the principal so credited. Should interest not be so paid it shall thereafter bear like interest as the principal, but such unpaid interest so compounded shall not exceed an amount equal to simple interest on the unpaid principal at the maximum rate permitted by law. Principal and interest shall be payable in lawful money of the. United States. If action be instituted on this Note, I promise to pay such sum as the court may fix as attorney's fees. This Note is secured by a Deed of Trust to First American Title Insurance Company, as Trustee. At any time during the term of this Note, provided there are no delinquent installments, I reserve the option to satisfy the above -stated obligations by payment of the interest accrued to date, all penalties due, and all principal then remaining. Should any default be made in the payment of any installment of the principal or interest when due, or in the performance of any provision or condition contained in the Deed of Trust securing this Note, the whole sum of principal and interest shall become immediately due at the option of the holder of this Note. In the event the property or any part thereof, or any interest therein, covered by the Trust Deed securing this Note is sold, agreed to be sold, conveyed or alienated by the Trustor, or by the operation of law or otherwise, all obligations secured by this instrument, irrespective of the maturity dates expressed therein, at the option of the holder hereof, and without demand or notice shall immediately become due and payable. Failure to exercise such option in the event of sale, assignment, or DLG:Ima _ EXHIBIT C 8267-1 (1 of 2 ) 5-31-94 further encumbrance shall not constitute waiver of the right to exercise this option in the event of subsequent sale, assignment, or further encumbrance. Subsequent acceptance of any payment hereunder by the holder hereof shall not be deemed a waiver of any default by Trustor, or any sale, assignment, or further encumbrance by Trustor of the property regardless of knowledge of such default, sale, assignment, or further encumbrance by the holder hereof at the time of acceptance of such payment. If the monthly installments due under this Note are not paid within ten (10) days after the date due, the holder of this Note may, at his option, charge a late penalty of $100. CITY OF SAN JUAN CAPISTRANO By IM DLG:Ima EXHIBIT C (2 of 2) 8267-2 5-31-94 Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: SPACE ABOVE THIS UNE FOR RECORDER'S USE DEED OF TRUST WITH ASSIGNMENT OF RENTS (SHORT FORM) This DEED OF TRUST, made CITY OF SAN JUAN CAPISTRANO , between herein called TRUSTOR, whose address is 32400 Paseo Adel anto, San Juan Capistrano California (Number and Street) _ (City) (State) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and COUNTY OF ORANGE , herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in trust, with power of sale, that property in the City of San Juan Capistrano County of Orange , State of California, described as: Lots 9, 10, 11, 12, 13, ;and 14 :in Block Six (6) of Tract No. 808, "Mission Hill Tract", in the City of San Juan Capistrano, County of Orange, State of California, as per, map thereof recorded in Book 24, Page 23 of Miscellaneous Maps, Records of said Orange County. Excepting therefrom all mineral deposits as defined in Section 6407 of the Public Resources Code below a depth of 500 feet, without. surface rights of entry, as reserved by the State of California in a deed recorded November, 4, 1980 in Book 13819, Page 335, Official Records. together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits for the purpose of securing (1) payment of the sum of $ 265, 000 with interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof. (2) the performance of each agreement of Trustor incorporated by reference or contained herein and (3) payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A, and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17, 1964, and in all other counties August 18, 1964, in the book EXHIBIT D (continued on reverse side) 1758(1/94) and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, namely: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187 Alpine 3 130-31 Lake 437 110 Plumas 166 1307 Siskiyou 506 762 Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621 Butte 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2067 427 Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56 Colusa 323 391 Marin 1849 122 San Bernardino 6213 768 Sutter 655 585 Contra Costa 4684 1 Mariposa 90 453 San Francisco A-804 596 Tehama 457 183 Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595 El Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108 Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160 Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237 Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16 Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693 Inyo 165 672 Nevada 363 94 Shasta 800 633 Kern 3756 690 Orange 7182 18 San Diego SERIES 5 Book 1964, Page 149774 shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said subdivisions A and B, (identical in all counties, and printed on pages 3 and 4 hereof) are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge therefor does not exceed the maximum allowed by law. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set forth. STATE OF CALIFORNIA COUNTY OF On personally appeared before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instru- ment the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (continued on next page) Signature of Trustor (This area for official notarial seal) 1158(1/94) Panc 2 of 4 DO NOT RECORD The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each county in California as stated in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein. A. To protect the security of this Deed of Trust, Trustor agrees: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees. and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. B. It is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such monies received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (3) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. (4) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto." (5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public (continued on reverse side) 1158(1/94) Pace 3 of 4 announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. (8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. (9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. DO NOT RECORD TO FIRST AMERICAN TITLE INSURANCE COMPANY, TRUSTEE: REQUEST FOR FULL RECONVEYANCE The undersigned is the legal owner and holder of the note or notes, and of all other indebtedness secured by the foregoing Deed of Trust. Said note or notes, together with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note or notes above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same. Dated Please mail Deed of Trust, Note and Reconveyance to Do not lose or destroy this Deed of Trust OR 7HE IVO7E wbich it secures. Both must be delivered to the Trustee for cancellation before reconveyance. will be made. 1158(1/94) LLI LLILLI ,V LL 0 w �E t Pj CO O a W 1158(1/94) GENERAL PROVTSIOS You shall deposit all funds received in this escrow in any bank insured by an agency of the United States Government, including your affiliated bank., First American Trust Company, in one or more of your general escrow demand accounts. These funds may be transferred to any other general escrow demand account or accounts, in the bank named below in Section 18, if federally insured. All disbursements shall be made by your check. You are authorized not to close escrow or disburse until good funds have been confirmed in escrow. 1• 1 i • i \�� i.• 1 MY 53 The expression "Close of Escrowx used in this escrow means the date of which instruments referred to herein are recorded and relates only to proration and/or adjustments unless otherwise specified. All proration and/or adjustments are to be made on the basis of a 30 day month unless otherwise instructed in writing. 3. RECORDATION OF INSTRUMENT. You are authorized to record any documents delivered through this escrow, the recording of which is necessary or proper in the issuance of the requested Policy of Title Insurance. 4. AUTHORIZATION TO EXECUTE ASSIGNMENT OF INStg AUCE POLICIES You are to execute on behalf of the parties hereto from assignments of interest in any. -insurance policies (other than title insurance) called for in this escrow, forvasd assignments and policies upon close of escrow to the agent with the requesr'� first, that insurer consent to such transfer and /or attach a loss -payable clause and/or makf such other additions or correction as may have been specifically required herein, and second, that the agent thereafter forward such policies to -the parties entitled to them. In all acts in this escrow relating to insurance, including adjustments, if any, you shall be fully protected in assuming that each policy is in force and that the necessary premium. has been paid. MM: • i • • ,�li : • You are to furnish a copy of these* instructions, amendments thereto, closing . statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers, and/or the attorney or attorneys involved in this transaction upon 'the request of the lenders, brokers or attorneys. A6-1 First American Exhibit E Page 1 of 5 No examination or insurance as co the amount or payment of personal property taxes is required unless specifically requested. 7. RIGHT OF CANC L ATION• Any party instructing you to cancel this escrow shall file notice of cancallation in your office in writing. You shall within a reasonable time thereafter mail, by certified mail, one copy of the notice to each of the other parties at the addresses stated in this escrow. Unless written objection to cancellation is filed in your office by a party within ten (10) days after the date of mailing, you are authorized at your option to- comply with the notice and demand payment of your cancellation charges as provided in this agreement. If written objection is filed, you are authorized at your option to hold all money and instruments in this escrow and take no further action until otherwise directed, either by the parties' mucual written instructions, or final order of a court of competent jurisdiction. The parties hereto expressly agree that you,•as.escrow holder, have the absolute right at your election to file an action in interpleader requiring the parties to answer and litigate their several claims and rights among themselves - and you are authorized to deposit with the cleric of the court all documents and funds held in this escrow. In the event such action is filed, the parties jointly and severally agree to pay your cancellation charges, costs and expenses, and reasonable attorney fees which you are required to expend or incur in the interpleader action, the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon the filing of the action, you shall thereupon be fully released and discharged froca all',obligations to further perform duties or obligations otherwise imposed by the term of this escrow. 9. T 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 ac- the request of any of the parties or otherwise, the fees and charges due FIRST AMERICAN TITLE INSURANCE. COMPANY, including. expenditures incurred and/or authorized shall be borne equally by'the parties hereto (unless otherwise agreed to specifically). Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the partieiLhe=ata, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until tiler -conflict: is resolved to your satisfaction, and you shall have the further righty-ta commence or defend any action or proceedings for the determination, of the conflict as provided in Paragraphs 7 and 8 of these General Provisions. A6-1 First American Exhibit E Page 2 of 5 11. FUNDS RETAINED IN ESCROW: If for any reason funds are retained in escrow, you may deduct therefrom $20.00 as a monthly* charge as custodian thereof. 12. USURY: You are not to be concerned with any question of usury in any loan encumbrances involved in the processing of this escrow and you are hereby released of any responsibility or liability. 13. AMENDMENTS TO ESCROW INSTRUCTIONS• Any amendments or supplements to these escrow instructions must be in writing. These escrow instructions constitute the entire escrow between the escrow holder and the parties hereto. 14. GOOD FUNDS LAW: The parties understand that all funds to close escrow must be deposited a sufficient number of days prior to the close of escrow in order to comply with Section 12413.1 of the California Insurance Code. Generally speaking, wire transferred funds may be deposited into our escrow account anytime prior to the close of escrow. Cashier's Checks and certified checks must be deposited into our escrow account the business day before the close of escrow. For information concerning holds on other types of checks, please contact your escrow officer. FIRST AMERICAN TITLE INSURANCE COMPANY WILL NOT BE HELD RESPONSIBLE FOR REIMBURSEMENT OF ANY INTEREST OR LOSS OF INTEREST BECAUSE FUNDS WERE DEPOSITED INTO ESCROW BY PERSONAL AND/OR CORPORATE CHECKS. 15.. ESCROW TRUST FUNDS: Buyer and Seller acknowledge that the escrow holder will be depositing all funds in escrow in a NON-INTEREST bearing fiduciary account at one of the following banks: BANK OF AMERICA WELLS FARGO BANK IMPERIAL BANK FIRST INTERSTATE BANK METRO BANK GUARDIAN BANK PACIFIC NATIONAL BANK COMMERCIAL CENTER BANK • • + • M.0440tvM030 "14461 The Tax Reform Act of 1986 provides that First American Title Insurance Company must report to the Internal Revenue Service certain information. regarding all real estate transactions. This information includes, among other things, the Seller's social security number and/or tax identification number and forwarding address, and the gross sales price of the transaction. This is not a requirement generated by First American Title Insurance Company, but rather a means of complying with the new tax law. This information must be provided to First American Title Insurance Company upon the opening of escrow, and escrow cannot close, nor can the Deed or any ocher documents be recorded until the information is provided and the seller certifies the accuracy of the information in writing. By execution of chess escrow instructions, the parties acknowledge receipt of this notice. A6-1 First American Exhibit � Pace 3 of 5 1Z. • TAX RfpORTING AND S7ITHH0 n7N� ngLIGATIONS OF THE PART S State Law - In accordance with Sections 18805 and 26131 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interesc by either: 1. A seller who is an individual with a last known street address outside of - California or when the disbursement instructions authoriza the proceeds be sent to. a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place,of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greatar 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: , I. 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 resident of California, or if a corporation, has a permanent place of business in California, or 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). 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. The parties torthis transaction should seek an attorney's, accountant's, or ocher tax sgscialist.'s opinion concerning the effect of this law on this transaction a:ul:should not act on any scatements made or omitted by the escrow or closing offfcer- The Seller may request a waiver by contacting: Franchise Tax Board 'Withhold at Source Unit P.O. Box 651 Sacramento, Ca. 95812-0651 (916) 369-4900 A6-1 First American : Exhibit E Page 4 of 5 Federal La Internal Revenue Code Section 1445 places special requirements for tax reporting and withholding on the parties Co a real estate transaction where the Seller is a non-resident alien, a non-domestic corporation or partnership, a domestic corporation or partnership controlled by non- residents or non-resident corporations or partnerships. With respect to both the State Law and Federal Law referred to above, the parties to this transaction are seeking an attorney's, accountant's or ocher tax specialist's opinion concerning the effect of these laws on this transaction or are relying on their own knowledge of these laws. The Parties to this transaction are NOT acting on or relying on any statements made or omitted by the escrow holder, title officer, or other closing officer with respect to tax reporting or withholding requirements. 18. NOTICE OF AVAILABILITY OF TITLE INSURANC8 Important: In a purchase or exchange of real property, it may be advisable to obtain title insurance in connection with the close of escrow since there may be prior recorded liens and encumbrances which affect your interest in the property being acquired. A new policy of title insurance should be obtained in order to ensure your interest in the property that you are acquiring. 19. DISCLOSURE OF TAXPAYER INDENTTFTCA ION NUMBERS' Internal Revenue Code Section 6109(h) imposes requirements for furnishing, dialosing, and including 'taxpayer indentification -numbers in tax returns on the Parties to a residential real estate transaction involving seller- provided financing. The parties understand chat the disclosure reporting requirements ara exclusive obligations between the parties to this transaction and that First American Title Insurance Company is not obligated to transmit the taxpayer indentification numbers to the Internal Revenue Service or to the parties. First American Title Insurance Company is not rendering an opinion concerning the effect of this law on this transaction, and the parties are not acting on any statements made or omitted by the escrow or closing officer. To. facilitate compliance with this law, the parties'ta this escrow hereby authorize First American Title Insurance Company Co release any party's taxpayer indentification number to any requesting party who is a party to this transaction. The requesting party shall deliver a written request to escro*.r: The Parties hereto waive all rights of confidentiality regarding their respective taxpayer indentification numbers and agree to hold First American Title Insurance Company harmless against any fees, costz,"or judgement incurred and/or awarded. in connection with the release of taxpayer indentification numbers. 20. ESCROW HOLDER IS HEREBY AUTHORIZED AND INSTRUCTED TO FURNISH BUYER WITH A COPY OF SELLER'S CLOSING STATEMENT AT CLOSE OF ESCROW. A6-1 First American Exhibit E Page 5 of 5 11 BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA MINUTES September 13, 1994 PUBLIC NOTICE -- OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY -- CITY OF SAN JUAN CAPISTRANO FIRE STATION TO CITY OF SAN JUAN CAPISTRANO, PM 801-7: General Services Agency Real Estate requests approval of the sale of a former fire station to the City of San Juan Capistrano. (Date set at August 23, 1994 meeting.) Chairman Riley opened the public hearing and asked if anyone wished to address the Board on the matter. Hearing no response, he declared the public hearing closed. MOTION: On motion by Supervisor Riley, seconded by Supervisor Vasquez, the Board moved to: 1. Approve the sale of the surplus parcel to the City of San Juan Capistrano. 2. Authorize the Clerk of the Board on behalf of the Board of Supervisors to sign the Offer and Agreement to Purchase Real Property and the Quitclaim Deed, have the signature on the Deed notarized, and return all documents to General Services Agency/Real Estate for deposit into escrow. 3. Authorize the Director, General Services Agency/Real Estate to open escrow in accordance with the Offer and Agreement to Purchase Real Property, and to sign escrow instructions or provide supplementary escrow instructions to escrow, as required. MOTION UNANIMOUSLY CARRIED. onuc use Is All August 4, 1994 Donna Garza County General Service Agency 14 Civic Center Plaza, Third Floor P. O. Box 4106 Santa Ana, California 92702 Re: Old San Juan Capistrano Fire Station - PM 801-7 Dear Ms. Garza: At their meeting of August 2, 1994, the City Council of the City of San Juan Capistrano held a public hearing to consider the purchase of the Old San Juan Capistrano Fire Station Site at 31411 La Matanza. Following that hearing, the City Council approved the Offer and Agreement to Purchase Real Property from the County. Two executed copies of the Agreement are enclosed. Upon approval by the Board of Supervisors, please forward a signed copy of the Agreement to the City Clerk's Office for the City's official records. Thank you for your assistance. If you need any additional information, please let us know. Very truly yours, 9�1�62-r— Cheryl Johnson City Clerk Enclosure cc: Director of Administrative Services Mary Laub (with copy of Agreement) 32400 PASE'O ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L.HAUSDORFER % A(ARPOAAiEO GIL JONES ESIAALISXfO 1961 CAROLYN NASH JEFF VASQUEZ 1776 • • CITY MANAGER n • GEORGE SCARBOROUGH Re: Old San Juan Capistrano Fire Station - PM 801-7 Dear Ms. Garza: At their meeting of August 2, 1994, the City Council of the City of San Juan Capistrano held a public hearing to consider the purchase of the Old San Juan Capistrano Fire Station Site at 31411 La Matanza. Following that hearing, the City Council approved the Offer and Agreement to Purchase Real Property from the County. Two executed copies of the Agreement are enclosed. Upon approval by the Board of Supervisors, please forward a signed copy of the Agreement to the City Clerk's Office for the City's official records. Thank you for your assistance. If you need any additional information, please let us know. Very truly yours, 9�1�62-r— Cheryl Johnson City Clerk Enclosure cc: Director of Administrative Services Mary Laub (with copy of Agreement) 32400 PASE'O ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 RESOLUTION ACCEPTING EASEMENT FOR STREET HIGHWAY AND UTILITY PURPOSES ON PROPERTY LOCATED AT 32592 VALLE ROAD SOUTH OF CAPISTRANO VOLKSWAGEN DEALERSHIP - ARCHITECTURAL CONTROL 88-01 (KLEIN/WELK'(LINCOLN-MERCURYI_(670.50) As set forth in the Report dated August 2, 1994, from the Director of Engineering and Building, the following Resolution was adopted accepting the easement for street, highway, and utility purposes from Gerald Klein and Earl Welk for improvements to Valle Road: RESOLUTION NO. 94-8-2-2 ACCEPTANCE OF EASEMENT FOR STREET HIGHWAY. AND UTILITY PURPOSES, ARCHITECTURAL CONTROL 88-01 (LINCOLN-MERCURY/KLEIN-WELK) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FROM THE K & W DEVELOPMENT KORPORATION FOR STREET, HIGHWAY, AND UTILITY PURPOSES IN CONNECTION WITH DEVELOPMENT OF ARCHITECTURAL CONTROL 88-01 (LINCOLN -MERCURY) The City Clerk was directed to forward the document to the County Recorder. PUBLIC HEARINGS 1. CONSIDERATION OF PROPOSED PURCHASE OF THE OLD SAN JUAN CAPISTRANO FIRE STATION COMPLEX LOCATED AT 31421 LA MATANZA (COUNTY OF ORANGE) (600.50/670.291 Proposal: Consideration of an offer from the County of Orange to sell the property located at 31411 La Matanza, known as the Old Fire Station site, at a price of $265,000 over a 30 -year period at 8% APR. There would be no pre -payment penalty; however, should the City develop the property for commercial use, the County would receive 80% of all future commercial proceeds. The City has been leasing the property from the County at $1.00/year since 1982 for use by the Community Services Department. Written Communication: Report dated August 2, 1994, from the Director of Administrative Services, recommending that the County's offer to sell the Old Fire Station property to the City be accepted based on the offer's fair and reasonable terms, the deed restriction not encumbering the City's use of the site, and the City having better utilization of the facilities on the site. The report advised that new County policies require re- negotiation of leases to receive a fair market return. It was estimated that a facility of this size could lease for as much as $75,000 annually. Ms. Pendleton made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the following persons responded: (1) Dr. Marilyn Ditty, Executive Director of the South County Senior Services, spoke in favor of the proposed property acquisition based on the proposed terms being reasonable and workable for the City. She noted that the City's Senior's Nutrition Program has been City Council Minutes -3- 8/2/94 conducted at the Old Fire Station site and stated that other sites considered for the program were unaffordable at an average of $1 per square foot. (2) Pauline Leonard, 27589 Brookside Lane, spoke in support of the proposed property acquisition. She inquired whether the entire site was proposed for acquisition, noting that the additional building on the site could be used for the Senior's Nutrition Program. Ms. Pendleton indicated that the entire site would be purchased and noted that the additional building, which was currently being used by the County for storage, would be vacated and available for the City's use upon acquisition of the property. There being no further input, the hearing was declared closed with the right to reopen at any time. Council Discussion: Mayor Campbell urged that the 30 -year loan be paid off as soon as possible. Approval of Agreement to Purchase the Old Fire Station Property from the County of Orange: It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously carried that the Offer and Agreement for Sale of Real Property be approved for the purchase of property located at 31411 La Matanza. The Mayor was authorized to execute the Agreement on behalf of the City. 2. AUTHORIZATION TO ASSESS CHARGES - 1994-95 CITY LANDSCAPE MAINTENANCE DISTRICTS (TRACTS 9284, 9382. 8485, 7673, 9373/7654. AND CAPISTRANO ROYALE)345.20) Proposal: Consideration of proposed annual assessments for the subject City Landscape Maintenance Districts. Written Communication: Report dated August 2, 1994, from the Director of Public Lands and Facilities, recommending that the proposed budgets for the Landscape Maintenance Districts, Tracts 9284, 9382, 8485, 7673, 9373/7654, and Capistrano Royale be approved and the charges to be assessed for landscape mainten- ance services be confirmed. Exhibits were on display, and Mr. Sievers reviewed two issues that had been addressed at the July 14, 1994, public meeting. : 1) a proposed project to improve the roadside landscaping on Camino La Ronda within the Los Corrales Landscape District; and, 2) the letter from Mr. Tom Lorch requesting removal of his lot from the Capistrano Royale Landscape District, or consideration for a reduction in assessment since his property is not immediately adjacent to the common area being maintained. Mr. Sievers noted that should the Council elect to remove Mr. Lorch's property from being assessed, a public "protest" hearing with public noticing would be required. At the hearing, if 51% of the residents being assessed object to the removal of Mr. Lorch's property from the District, the Council would be required to override the protest with a 4/5th vote, or require the lot to remain in the District. Public Hearine: Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the following persons responded: City Council Minutes -4- 8/2/94 AGENDA ITEM August 2, 1994 TO: George Scarborough, City Manager FROM: Cynthia L. Pendleton, Director of Administrative Services SUBJECT: Agreement for the Purchase of Real Property 31411 La Matanza PM 801-4 Commonly Referred to as the Old San Juan Capistrano Fire Station Site IaxKs)TITIMal sym lt���p By motion, approve the offer and Agreement for Sale of Real Property as prepared for the subject property and authorize execution of the attached purchase agreement. SITUATION: In 1982 the City entered into a ten (10) year lease agreement, at one dollar ($1.00) per year, with the County of Orange for the Old Fire Station Site. Since that time, the City has operated its Community Services programs on the site. The programs include the Senior Nutrition Program, various senior activities, youth and adult classes, community meetings and the administrative functions of the Community Services Department. In response to the current fiscal situation, the County of Orange is reviewing the continuation of these types of leases. The County has notified the City that their asset management policies require them to renegotiate leases of this type in order to begin to receive a fair market return on the property. The County has asked the City to consider the purchase of the site under the following terms: Sale Price $265,000 Financing 30 years at 8% APR Payments $1,944.47 per month Terms No pre -payment penalty Restriction The County to receive 80% of all future commercial proceeds if the City develops the property as such Staff believes the County's terms are fair and reasonable, that the deed restriction will not encumber our use of the site and that the purchase will afford the City better utilization of the facilities on the site. FOR CITY COUNCIL AGEN, V- AGENDA ITEM -2- - August 2, 1994 COMMISSION/BOARD REVIEW RECOMMENDATION: N/A FINANCIAL CONSIDERATIONS: The total cost to lease a facility of this size could be as much as $75,000 annually at fair market price. The total annual cost of this project is $23,333.64. This amount has been included in the FY 1994-95 budget and the future year budgets. Purchasing this facility under the proposed terms provides a lesser cost to the City than would be experienced in the open market and the inclusion of a no pre -payment penalty clause allows the opportunity for a pay off of the agreement should funds become available at some future date. The proposed agreement stipulates that the City will pay 100% of title insurance and escrow costs in conjunction with this purchase and they are as follows: Title Insurance $1,059.00 Escrow Fees $1,112.00 Total $2,171.00 NOTIFICATION: Required public notification has occurred, including posting and newspaper publication. ALTERNATE ACTIONS: 1. Approve the purchase agreement. 2. Do not approve the purchase agreement. 3. Request further information from staff. RECOMMENDATION: By motion, approve the Offer and Agreement for Sale of Real Property as prepared for the subject property and authorize execution of the attached purchase agreement. Respectfully submitted "LPendleton CLP:ML/ja Attachment rtared y: l&Lu'tb'__ Mary Laub AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA COUNTY OF ORANGE I am a citizen of the United States and a resident of the County aforesaid. I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulafion by the Sup9nor Court of the County of Orange, State of California, on June 7, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: July 21, 1994 I declare under penalty of perjury that the foregoing is true and correct. Executed at Mission Viejo, Orange County, California, on .............July............1994 ................................................................... ........ .. .... .................... (Signature) Capistrano Valley News (A Publication of South Orange County News) 23811 Via Fabricante P. O. Box 3629 Mission Viejo, California 92690 (714) 768-3631 Space below for Filing Stamp Only. NOTICE OF PUBLIC HEARING ........................................................................................ C.-.._ ry rn LA. C7 Proof of Publication of NOTICE OF PUBLIC HEARING ........................................................................................ TO: CAPISTRANO VALLEY NEWS Bea Gougeon, Legal FOR PUBLICATION ON: THURSDAY, JULY 21, 1994 DOCUMENT TO BE PUBLISHED: NOTICE OF PUBLIC HEARING - CONSIDERATION OF PROPOSED PURCHASE OF THE OLD SAN JUAN CAPISTRANO FIRE STATION COMPLEX PROOF OF PUBLICATION AUTHORIZED BY: L.— Please send to: City Clerk's Division, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 DATE: July 14, 1994 Date of Public Hearing -08/02/94 Date notice published Date affidavit received -07/21/94 Date notice posted in designated posting places (3) - 07/21/94 Date notice posted on property -07/21/94 Date of mailing notice to interested parties -07/21/94 Date notice transmitted to City Manager's Office -07/14/94 9ZOtZt Of Cl TV OF SAN JUAN CAPIS TRA NO NOTICE IS HEREBY GIVEN, that on the 2nd day of August, 1994, at 7:00 P.M. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council will hold a public hearing on the following: CONSIDERATION OF PROPOSED PURCHASE OF THE OLD SAN JUAN CAPISTRANO FIRE STATION COMPLEX The purpose of the public hearing is to consider the proposed purchase of the Old San Juan Capistrano Fire Station Complex located at 31421 La Matanza. A copy of the proposed purchase agreement between the City of San Juan Capistrano and the County of Orange is available for review at the office of the City Clerk. Those desiring to be heard in favor of, or in opposition to, this item will be given an opportunity to do so during such hearing or, prior to the meeting, by writing to the City Council at 32400 Paseo Adelanto, San Juan Capistrano, California 92675, Attention: City Clerk. Government Code Section 54957.5 stipulates that writings distributed to the legislative body by any person are public records and shall be made available without delay. If you bring written information to the City Council meeting for distribution to the City Council at such meeting, please provide additional copies for distribution to the audience. For further information, you may contact Mary Laub, Administrative Services Department, at 443- 6303. HJUNCRIWAM W, ON, ' MAILING LIST August 2, 1994 Notice of Public Hearing - San Juan Capistrano Fire Station Complex County of Orange General Service Agency Attn: Donna Garza 14 Civic Center Plaza, Third Floor P.O. Box 4106 Santa Ana, California 92702 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO )SS AFFIDAVIT OF POSTING (Pursuant to Government Code Section 65091) I, Mary Laub, hereby declare that on July 21, 1994, I posted two (2) copies of Notice of Public Hearing for the Consideration of Proposed Purchase of the Old San Juan Capistrano Fire Station Complex Located at 31421 La Matanza, in conspicuous locations along La Matanza in front of the Fire Station Complex at not more than 300 feet apart. I declare under penalty of perjury that the foregoing is true and correct. Dated this 21 st day of July, 1994. Mary Laub, Management Assistant II August 31, 1994 V TY O F RAN G E GENERAL SERVICES AGENCY REAL ESTATE 14 Civic Center Plaza, Third Floor P.O. Box 4106 Santa Ana, California 92702 (714)834-5503 FAX (714) 834-5658 Ms. Mary Laub Management Assistant City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Old San Juan Capistrano Fire Station Dear Mary: BERT SCOTT Director, General Services Agency ROBERT G. LOVE Deputy Director, General Services Agency CHARLES W. WEST Director, GSA/Real Estate The proposed purchase agreement has been submitted to the Board of Supervisors for consideration. The Board has authorized the Clerk of the Board to publish a notice of intent to sell the property and has set September 13 as the date for Board approval of the sale. After that approval we will open escrow as provided in the agreement. I have enclosed original note and deed of trust for signature on behalf of the City. Please have the signatures on both documents notarized for recordation. Please have these signed and returned to me. If any questions arise, please call me at 834-5411. Thanks for your cooperation. Donna Garza Real Property Agent V TY O F RANGE September 26, 1994 GENERAL SERVICES AGENCY REAL ESTATE 14 Civic Center Plaza, Third Floor P.O. Box 4106 Santa Ana, California 92702 (714)834-5503 FAX (714) 834-5658 Ms. Cheryl Johnson, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Old San Juan Capistrano Fire Station Dear Ms. Johnson: BERT SCOTT Director, General Services Agency ROBERT G. LOVE Deputy Director, General Services Agency CHARLES W. WEST Director, GSA/Real Estate Enclosed is a copy of the fully executed Offer and Agreement to Purchase Real Property and the Board Minute Order approving the sale. Escrow number 9463785 -JF has been opened at First American Title Insurance Company, 114 E. 5th Street, Santa Ana, CA 92701 for this transaction. The Escrow Officer is Jan Foster. Her phone number is 558-3211. If I can provide any further information, please call me at 834-5411. Sincerely, Donna Garza Real Property Agent ::/>