HomeMy WebLinkAboutReso 2000-087 - Sale of land •
RESOLUTION NO. 2000- 5( 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE SALE OF APPROXIMATELY 13 ACRES OF
INDUSTRIAL LAND NORTH OF THE REDDING AIRPORT BUSINESS
PARK TO CHATSWORTH PRODUCTS INC.
WHEREAS, in order to further quality job growth and the City's economic development
efforts, the City agrees to sell approximately 13 acres of City owned industrial land to Chatsworth
Products, Inc. for the development of a 70,000 square foot manufacturing facility; and
WHEREAS,the purchase price of the property shall be that certain consideration generally
described as the parcel map development including installation of all onsite and offsite
improvements, such as streets, utilities and associated infrastructure, be at the sole expense of
Chatsworth Products Incorporated; and
WHEREAS, escrow shall not close and title shall not pass to Buyer until Seller has
completed and recorded a final parcel map of Assessor's Parcel No. 054-280-03 showing as a
separate parcel the property which is the subject of the Purchase and Sale Agreement.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Redding that
the Mayor or his designee sign all necessary documents for the sale and transfer of approximately
13 acres of industrial land to Chatsworth Products Inc.
I HEREBY CERTIFY that the foregoing resolution was introduced and read at a special
meeting of the City Council of the City of Redding on 4th day of May 2000, and was duly adopted
at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Cibula, Kight, McGeorge and Anderson
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pohlmeyer
ABSTAIN: COUNCIL MEMBERS: None
�►-tiJ
OBERT C. ANDERSON,Mayor
Attest: Form Approved:
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Connie Strohmuyer, City Clerk / . Leonard Wingate, City Att ey
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PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT is entered into by and between the CITY OF
REDDING, a municipal corporation ("Seller") and CHATSWORTH PRODUCTS INC, a Delaware
Corporation ("Buyer"), for the purchase and sale of the real property described below:
Section 1. PURCHASE AND SALE
Seller agrees to sell the Property to Buyer and Buyer agrees to purchase the Property from Seller
upon all of the terms, covenants and conditions of this Agreement.
Section 2. DEFINITIONS
When used in this Agreement, the following terms shall have the following meanings:
2.1 Agreement. This Purchase and Sale Agreement.
2.2 Property. 13 Acres located north of the developed Airport Business Park, Redding
California on the west side of Airport Road as depicted in Exhibit"A" attached.
2.3 Escrow Holder. Chicago Title Company, 1647 Court Street, Redding, California 96001.
2.4 Deposit. The deposit required of Buyer pursuant to Section 4.2 of this Agreement.
2.5 Closing Date. That date set forth in Section 5.2 of this Agreement by which escrow shall
close.
2.6 Broker. None
2.8 Hazardous Substances or Materials. Hazardous substances or materials include,but are
not limited to:
A. Substances which are flammable, explosive, corrosive, radioactive, toxic;
B. Any material or substances defined as hazardous substances, hazardous materials, toxic
substances, or hazardous wastes in the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (42 U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act
(49 U.S.C. Sections 1801 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. Sections
6901 et seq.), the Hazardous Waste Control Act (California Health & Safety Code Sections 25100 et
seq.), and the Hazardous Substance Account Act (California Health & Safety Code Sections 25300 et
seq.), the California Hazardous Waste Management Act (California Health & Safety Code Sections
25170.1, et seq., California Health and Safety Code Section 25280, et seq., (Underground Storage of
Hazardous Waste Management Act), California Health and Safety Code Section 2550, et seq.
(Hazardous Materials Release Response Plans and Inventory), or the California Porter-Cologne Water
Quality Control Act, Water Code Section 13000, et seq., and all amendments to these laws, and
regulations adopted or publications promulgated pursuant to these laws;
Purchase and Sale Agreement Page 2
C. Those asbestos-containing materials defined and described in Environmental Protection
Agency Report No. 56/5-85-024(June 1985)whether or not friable, or any related or successor report,
or other applicable government regulations defining or describing such materials;
D. Pesticides as defined by Section 136(u)of FIFRA(7 U.S.C. Section 136) as may be present
in soil or groundwater;
E. "Hazardous wastes" as defined in Section 25117 of the California Health and Safety Code,
or as a chemical that is known to the State of California"to cause cancer or reproductive toxicity"under
the Safe Drinking Water and Toxic Enforcement Action of 1986, California Health and Safety Code
Sections 25249.5, et seq.; and
F. Hazardous materials, substances or waste, or toxic materials, substances or waste as those
terms or similar terms are defined by any other federal, state or local law or regulation or orders.
2.9 Preliminary Title Report. That certain preliminary title report and all amendments thereto
issued by Escrow Holder regarding the property and issued at the request and expense of Buyer pursuant
to Section 5.3 of this Agreement.
Section 3. WARRANTY OF AUTHORITY
3.1 Authority of Signatories. The undersigned individuals represent and warrant that they each
have full authority to enter into this Agreement on behalf of themselves and each entity(Buyer and Seller
respectively)on whose behalf they execute this Agreement. Each such individual further represents and
warrants that they each have been authorized to enter into and be bound by the terms of this Agreement.
Section 4. PURCHASE PRICE, DEPOSIT AND PAYMENT OF BALANCE
4.1 Purchase Price. The purchase price for the Property shall be that certain consideration
generally described as the parcel map development,including installation of streets and utilities and lot
grading, as more particularly described in Paragraph 7.4, below.
4.2 Deposit. Buyer has deposited the sum of Three Thousand Dollars($3,000)with Seller prior
to the date of execution of this Agreement which sums shall be held by Seller. Upon execution of this
Agreement by both Buyer and Seller, the Deposits shall become a non-refundable deposit in the total
sum of Three Thousand Dollars ($3,000), except as provided in Sections 6.4, 7.2 and 7.3 of this
Agreement and shall be payable to Seller upon Seller's demand. The deposit shall be applied to the
Buyers share of closing costs. If a balance exists after the close, these funds shall be credited back to
Buyer.
Section 5. ESCROW
Purchase and Sale Agreement Page 3
5.1 Opening of Escrow. No later than ten(10)calendar days after the date of this Agreement,
Seller shall open an escrow with Chicago Title Company, 1647 Court Street,Redding,California,96001,
(Escrow Holder).
5.2 Close of Escrow. Escrow shall close on or before 5:00 p.m. on a date that is sixty (60)
calendar days from the date of this Agreement or sooner. If all the terms and conditions of this
Agreement have been satisfied, Seller, through its City Manager, and Buyer may agree in writing that
escrow close early. In addition, Seller, through its City Manager, and Buyer may agree in writing to
extend the date of close of escrow,but in no event shall escrow close on or after 5:00 p.m. on a date that
is one hundred fifty days (150) calendar days from the date of this Agreement without approval of
Seller's City Council.
5.3 Preliminary Title Report. No later than five (5) calendar days after the date escrow is
opened,at Buyer's sole expense, shall cause Escrow Holder to issue and deliver to Buyer a Preliminary
Title Report dated on or after the date of this Agreement, issued by Escrow Holder with respect to the
Property and reflecting the condition of title of the Property and all matters affecting title. Buyer shall
have fifteen(15) calendar days from receipt of the Preliminary Title Report to review and approve the
report. Buyer shall exercise good faith in reviewing and approving the Preliminary Title Report. If the
Preliminary Title Report contains exceptions other than those listed in Section 6.2 of this Agreement,
which do not meet with Buyer's good faith approval, Buyer shall notify Seller in writing prior to the
expiration of the fifteen (15) day period, of Buyer's good faith disapproval of any and all exceptions
contained in the Preliminary Title Report. If Buyer so notifies Seller in writing prior to the expiration
of the fifteen (15) day period of Buyer's good faith disapproval of any exceptions, Seller, at its sole
discretion, shall elect either (1) to correct and remove the disapproved exception(s) to title, or (2) to
terminate this Agreement and refund the Deposit to Buyer. If Buyer fails to notify Seller in writing of
Buyer's good faith disapproval of any exceptions contained in the Preliminary Title Report prior to the
expiration of the fifteen (15) day period, then Buyer shall be deemed to have approved of any and all
exceptions contained in the Preliminary Title Report.
5.4 Deposit of Documents and Money. Buyer shall deposit all money and all signed and
acknowledged documents required by this Agreement, and both parties shall sign and deposit escrow
instructions and perform all acts required to consummate the purchase and sale of the Property in
accordance with this Agreement.
5.5 Prorations and Charges. Rents, current property taxes, interest, insurance premiums,
utilities and interest on any assessment bonds encumbering the Property,if any,shall be prorated on the
basis of a thirty(30) day month as of the close of escrow.
5.6 Closing Costs. All escrow fees, transfer taxes and other closing costs ("Closing Costs")
shall be paid one-half('/2)by Seller and one-half(1/2)by Buyer.
5.7 Possession. Buyer shall receive possession of the Property upon the recordation of the grant
deed.
Purchase and Sale Agreement Page 4
Section 6. TITLE
6.1 Vesting of Title. Buyer shall advise Escrow Holder prior to the close of escrow of the
manner in which title should vest.
6.2 Conditions of Title; Covenants, Conditions, Reservations, and Restrictions.
A. Seller shall convey fee simple title to the Property to Buyer by grant deed subject to:
1. Non-delinquent real property taxes and assessments, if any;
2. All exceptions shown in"The List of Printed Exceptions and Exclusions"customarily
included in a California Land Title Association policy of title insurance issued by Escrow Holder;
3. All covenants,conditions,restrictions,reservations,easements,open space restrictions
and rights-of-way of record as of the date of the Preliminary Title Report, including the recorded Tract
Restrictions to which the Property is subject;
4. All exceptions shown in the Preliminary Title Report other than those to which Buyer
objects in a timely manner pursuant to Section 5.3 of this Agreement; and
5. The power of termination set forth in Section 9.2 of this Agreement.
B. The grant deed from Seller to Buyer shall contain the following covenants, conditions,
reservations and restrictions required by the United States of America:
1. The City of Redding, Grantor,reserves unto itself, its successors and assigns, for the
use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface
of the real property which is subject to this deed, together with the right to cause in said airspace such
noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or
flight in the said airspace, and for the use of said airspace for landing on, taking off from, or operating
on Redding Municipal Airport; and
2. The Grantee,by accepting this deed and real property,expressly agrees, for itself,its
successors and assigns,that it will not erect nor permit the erection of any structure,building,or objects
of natural growth and their obstructions,on the real property which is subject to this deed,above a height
which is determined by the application of the requirements of 14 CFR, Part 77. In the event this
covenant, condition and restriction is breached, Grantor reserves the right to enter on the real property
which is subject to this deed and to remove the offending structure or object and to cut the offending
natural growth, all of which shall be at the expense of Grantee; and
3. The Grantee,by accepting this deed and real property, expressly agrees, for itself,its
successors and assigns,that it will not make use of the real property which is subject to this deed in any
manner which might interfere with the landing and taking off of aircraft at the Redding Municipal
Purchase and Sale Agreement Page 5
Airport or otherwise constitute an airport hazard. hi the event that this covenant, conditions, and
restriction is breached, Grantor reserves the right to enter on the real property which is subject to this
deed and cause the abatement of such interference at the expense of the Grantee.
6.3 Title Insurance. The cost of a California Land Title Association("CLTA")insurance policy
shall be paid one-half('/2)by Seller and one-half(V2)by Buyer. Should Buyer require an American Land
Title Association("ALTA")insurance policy,Buyer shall pay the difference in cost between the CLTA
policy and the ALTA policy. Seller's obligation to convey title shall be satisfied by Escrow Holder
issuing, and Escrow Holder shall issue upon payment of its regularly scheduled premium at close of
escrow, its standard form CLTA policy of title insurance(or ALTA policy of title insurance at Buyer's
option)showing fee title to the Property vested as provided in Section 6.1 subject only to the exceptions
of record.
6.4 Inability to Deliver Title. If, due to circumstances unknown to Seller at the date of this
Agreement,or circumstances arising after the date of this Agreement, and in either case not the fault of
Seller, Seller is unable to deliver title to Buyer as required by this Agreement, this Agreement may be
terminated by Buyer upon written notice from Buyer to Seller, and all monies and other documents
deposited by either party shall be returned to the depositor, and each party shall be responsible for one
half(1/2)of escrow and title company costs incurred to that date. Notwithstanding the foregoing,Buyer
may, at its sole option to be exercised by written notice to Seller given no later than three (3) calendar
days after discovery of the title problem, waive the condition of title, elect to keep this Agreement in
effect,remove or correct at Buyer's sole expense the title defect,and close escrow without any reduction
or offset in the Purchase Price.
Section 7. CONDITIONS
7.1 Zoning and Permits. Buyer, at its sole expense and obligation shall have ninety (90)
calendar days from the date of this Agreement to secure the right,under applicable zoning and land use
laws,regulations, and ordinances,to use the property for its manufacturing facility. Buyer shall file the
documents and pay the fees necessary to obtain the right to use the property for its manufacturing
facility. Seller agrees to cooperate with Buyer as long as Seller bears no expense. If Buyer does not
secure the right to use the property for its manufacturing facility, Buyer may terminate this Agreement
upon written notice from Buyer to Seller, and Seller shall return the Deposit and Escrow Holder shall
return all documents deposited by either party to the depositor, and each party shall be responsible for
one half(1/2) of escrow and title company costs incurred to that date. Notwithstanding the foregoing,
Buyer may, at its sole option to be exercised by written notice to Seller given no later than three (3)
calendar days after the expiration of the ninety (90) day period, elect to waive the condition of this
Section,keep this Agreement in effect and close escrow without any reduction or offset in the Purchase
Price.
7.2 Review and Approval of Plans. Plan review and approval shall be in accordance with the
Tract Restrictions recorded May 20, 1981,commencing at page 219 of Book 1812,Official Records of
Shasta County.
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7.3 Future Conditions of Development. By signing this Agreement, Buyer is expressly
acknowledging that Buyer is aware that the City of Redding will require Buyer,at Buyer's sole expense
and obligation to comply with certain further conditions prior to the time of development of the property,
including, but not limited to complying with the City of Redding's standard development permit
requirements, any conditions to such permits, and the provisions of the recorded Tract Restrictions to
which the Property is subject. In addition, Buyer shall be obligated to pay a traffic signal fee of
$3,060.35 at time of issuance of the building permit, based upon acquisition of a single parcel. Said
amount shall be adjusted for inflation based upon the Engineering News Record Construction Cost Index
(CCI),base period,July, 1998,to the date of the most recent publication of the CCI prior to the date of
issuance of a building permit for the traffic signal.
7.4 Offsite Improvements. Buyer shall construct all street, curb, gutter, sidewalk, streetlight,
water sewer, storm drain and other utility improvements to City Standards within the right-of-way of
Lockheed Drive from its existing terminus to the north property line and 150 feet of Devere Road as
outlined in Attachment "B".
7.5 Final Parcel Map. Escrow shall not close and title shall not pass to Buyer until Seller has
completed and recorded a final parcel map of Assessor's Parcel No. 054-280-03 showing as a separate
parcel the property which is the subject of this Agreement. Upon recordation of the Parcel Map Buyer
and Seller shall each confirm to the escrow holder the specific parcel which is the subject of this
Agreement and approve the description of the parcel. If the Parcel Map containing the property to be
sold is not recorded within sixty(60)days from the date of execution of this agreement, Buyer may, at
Buyer's sole option, terminate this Agreement whereupon Seller shall immediately return Buyer's
deposit.
Section 8. SELLER'S WARRANTIES AND DISCLAIMERS
8.1 "As Is" Nature of Sale and Disclaimers. Buyer acknowledges that Buyer is purchasing
the Property solely in reliance on Buyer's own investigation and that no representations or warranties
of any kind whatsoever, express or implied, have been made by Seller other than those warranties
specifically provided in Section 8.2. Buyer further acknowledges that as of the close of escrow,Buyer
will be aware of all zoning regulations,other governmental requirements, site and physical conditions,
and other matters affecting the use and condition of the Property and agrees to purchase the Property in
"AS IS" condition at close of escrow. Buyer, at its sole expense and obligation may elect to obtain a
copy of appropriate zoning maps and any recorded Conditions,Covenants and Restrictions affecting the
Property.
Seller makes the following disclaimers:
A. Other than as specifically provided in Section 8.2, Seller makes no warranties or
representations regarding the condition of the Property; and
B. Seller makes no warranties or representations regarding the presence or effect on the Property
of any hazardous materials.
Purchase and Sale Agreement Page 7
8.2 Warranties of Seller. Seller warrants the following:
A. As of the date of this Agreement, there is no pending litigation involving the Property;
B. Seller has no knowledge of any violations of,or notices concerning defects or noncompliance
with, any applicable code, statute, regulation, ordinance,judicial order, or judicial holding pertaining
to the Property; and
C. Seller has no knowledge of any wetlands existing upon the property; and
D. Seller is not in default under any contract,note,or encumbrance relating to the Property; and
E. Seller will maintain the property in the same condition as when it exists on the date of this
Agreement until the close of escrow.
Section 9. BUYER'S INDEMNIFICATION; POWER OF TERMINATION
9.1 Buyer's Indemnification of Seller. Buyer agrees to indemnify,protect,hold harmless,and
defend Seller,its elected officials,officers, employees, agents and volunteers from and against any and
all liability, including without limitation,(a) all foreseeable and unforeseeable consequential damages,
directly or indirectly arising from the use, generation, storage, or disposal of hazardous materials by
Buyer and(b)the cost of any required or necessary repair,cleanup,or detoxification and the preparation
of any closure or other required plans, to the full extent that such liability is attributable, directly or
indirectly, to the presence or use, generation, storage, release, threatened release, or disposal of
hazardous materials by any person on the Property after the close of escrow.
Buyer releases Seller from any and all claims Buyer may have against Seller of whatever kind
or nature resulting from or in any way connected with the environmental condition of the Property,
including any and all claims Buyer may have against Seller under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), or any other federal,
state, or local law, whether statutory or common law, ordinance, or regulation pertaining to the release
of hazardous materials into the environment from or at the Property. Buyer expressly waives the benefits
of Civil Code Section 1542, which provides as follows:
A general release does not extend to claims which the creditor does not know or expect
to exist in his favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor.
Buyer's obligations under this Section shall survive close of escrow and delivery of the deed.
9.2 Power of Termination-Condition Subsequent. The grant deed from Seller to Buyer shall
contain a power of termination to enforce as a condition subsequent to this Agreement,the condition that
buyer shall commence substantial road improvements in year 2000, commence construction on the
Property of the building of not less then 60,000 square feet total floor area for which Seller has approved
the plans and specifications pursuant to Section 7.3 of this Agreement, and occupancy by Chatsworth
Products year end 2001. In addition to any other available remedy in law or equity, if the Buyer
Purchase and Sale Agreement Page 8
breaches this condition subsequent, then Seller or its assigns and successors, without paying any
compensation for any buildings or other improvements on the Property and without making any
compensation or incurring any liability for damages or losses of any kind, shall have the power to
terminate all right, title, and interest in the Property of Buyer, its heirs, successors, and assigns, in the
manner provided by law for the exercise of this power of termination. Immediately on such a
termination,Buyer its heirs, assigns,or successors shall forfeit all rights or title to the Property, and the
Property shall revert to Seller or its assigns or successors.This condition subsequent shall survive close
of escrow and delivery of the deed.
Section 10. MISCELLANEOUS
10.1 Continuation of Warranties. All warranties, covenants, conditions, reservations,
restrictions, and other obligations stated in Sections 3.1, 8.1, 8.2, 9.1, and 9.2 shall survive delivery of
the deed.
10.2 Broker. Neither Buyer nor Seller is represented by a Real Estate Broker, and no Broker's
commission shall be paid out of this transaction.
10.3 Notice. All notices and other communications authorized or required under this Agreement
shall be in writing and shall be given by(a)personal delivery,(b)mailing by certified mail or registered
mail, return receipt requested, postage prepaid, or United States express mail, or (c) delivery by
commercially recognized courier service. Any such notice or other communication shall be deemed to
have been given on the date of delivery or refusal to accept delivery if addressed as follows:
SELLER BUYER
CITY OF REDDING Chatsworth Products Inc.
Attn: Economic Development Director 31425 Agoura Road
777 Cypress Avenue Westlake Village, CA 91361-4614
P.O. Box 496071
Redding, California 96049-6071
10.4 Time of Essence; Failure to Exercise. Time is of the essence of this Agreement, and
failure to comply with this provision shall be a material breach of this Agreement. Unless previously
extended in writing by Buyer and Seller, escrow shall close at the time indicated in Section 5.2 of this
Agreement. If the escrow fails to close as provided above, Buyer or Seller may at any time thereafter
give written notice to the escrow holder to cancel the escrow and return all documents in escrow to their
respective depositors. Except as otherwise provided in this Agreement, if the escrow holder has not
previously paid the Deposit to Seller pursuant to Section 4.2 of this Agreement,then upon cancellation
of escrow as provided in this Section,the escrow holder shall immediately pay the Deposit to Seller.The
escrow holder shall comply with the notice and without further consent from any other party to the
escrow or from the broker. Each party shall be responsible for one half(Y2) of all escrow and title
company costs incurred to that date. Cancellation of escrow as provided in this Section shall not be
without prejudice to whatever legal rights Buyer and Seller may have against each other.
•
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10.5 Attorney Fees. In any dispute between Buyer and Seller, whether or not resulting in
litigation, the prevailing party shall be entitled to recover from the other party all reasonable costs,
including without limitation, reasonable attorney's fees. "Prevailing party" shall include without
limitation,a party who dismisses an action for specific performance or for damages in exchange for sums
allegedly due,performance for covenants allegedly breached or consideration substantially equal to the
relief sought in the action, or which receives from the other party, in connection with any dispute,
performance substantially equivalent to any of these. No sum for attorney fees shall be included in
calculating the amount of a judgment for purposes of deciding whether a party is entitled to its costs or
attorney fees.
10.6 Legal Advice. Buyer and Seller each represent and warrant to the other the following:they
have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of
any right(s) which they may have; they have received independent legal advice from their respective
counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal
counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement
without any reliance upon any agreement,promise, statement, or representation by or on behalf of any
of the other parties, or their respective agents, employees, or attorneys, except as specifically set forth
in this Agreement, and without duress or coercion, whether economic or otherwise.
10.7 No Representation Regarding Legal Effect. No representation, warranty, or
recommendation is made by Seller or its elected officials, officers, employees, attorneys or agents
regarding the legal sufficiency, legal effect, or tax consequences of this Agreement or transaction.
10.8 Waiver. No waiver by a party of any provision of this Agreement shall be considered a
waiver of any other provision or any subsequent breach of the same or any other provision, including
the time for performance of any such provision. The exercise by a party of any remedy provided in this
Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this
Agreement or at law.
10.9 Assignment. Buyer shall not assign this Agreement and the rights under it without Seller's
prior written consent.
10.10 Entire Agreement. This Agreement, which includes all exhibits attached hereto and
incorporated by reference herein, contains all the representations and the entire understanding and
agreement between the parties pertaining to the Property or any other matters connected therewith. All
correspondence, memoranda, or oral or written agreements pertaining to the Property or the parties
hereto,which originated before the date of this Agreement are null,void and no longer in force and with
no effect, and are replaced in total with this Agreement unless otherwise expressly stated in this
Agreement. This Agreement shall not be altered, amended, or modified except by a writing signed by
Buyer and Seller.
10.11 Binding Effect. Subject to the provisions in this Agreement regarding assignment, this
Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal
representatives, successors, and assigns.
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10.12 No Party Deemed Drafter. In the event of a dispute between Buyer and Seller over the
meaning of this Agreement,no party shall be deemed to have been the drafter hereof, and the principle
of law that contracts are construed against the drafter shall not apply.
10.13 Headings, Reference, Joint & Several Liability, Governing Law. The captions
heading the various paragraphs of this Agreement are for convenience and shall not be considered to
limit, expand, or define the contents of the respective paragraphs. Masculine, feminine, or neuter
gender, and the singular and the plural number shall each be considered to include the other whenever
the context so requires.If either party consists of more than one person,each such person shall be jointly
and severally liable. This Agreement shall be interpreted under California law and not in favor of or
against any party.
10.14 Date of Agreement. The date of this Agreement shall be that date that it shall have been
signed by Seller.
The undersigned Buyer offers and agrees to purchase the Property on the terms and conditions
stated in this Agreement. Buyer acknowledges receipt of a copy of this Agreement and authorizes
Broker to deliver a signed copy to Seller.
Date: CHATSWORTH PRODUCTS, INC.
By
Joseph Cabral, President
Seller accepts the foregoing offer to purchase the Property and agrees to sell the Property to
Buyer on the terms and conditions stated in this Agreement.
CITY OF REDDING
Date:
ROBERT A. ANDERSON, Mayor
Attest: Form Approved:
Purchase and Sale Agreement Page 11
CONNIE STROHMAYER, City Clerk W. LEONARD WINGATE, City Attorney
Approved as to Content:
Michael G. Mitchell, Economic Development Director
Attachment "A"
Parcel Legal Description
All real property in the City of Redding, County of Shasta, California, generally described as part
of AP# 054-280-03 approximately 937 feet by 600 feet to be identified as a parcel within a parcel
map to be recorded by the City of Redding.
Attachment "B"
Parcel Map Development Requirements
Lockheed Drive
• Off site—940 feet long, 32 feet wide with 4-foot gravel shoulders.
• On site— 937 feet long, 35 feet pavement width with curb and gutter both sides and
meandering sidewalk on the west side.
Devere Road
• On site— 150 feet long, 32 feet pavement width with curb and gutter on north side and
meandering sidewalk, and 4-foot gravel shoulder on south side.
Water Main
• Extension 1,877 feet through full frontage, 12 inch, including one each of butterfly valve,
fire hydrant, and blow-off assembly.
Storm Drain Improvements
• Improvements along frontage and drains to the east to Stillwater Creek. Estimated to
include 900 feet of 30-inch storm drain, two standard No. 3 catch basins, one outlet to open
channel, and one 100-foot-long road crossing.
Sewer
• Connection to existing trunk with construction of manhole.
Electric
• Underground the existing pole line along the future Lockheed Drive for full 1877 feet to
the North property line and an extension of underground facilities within Devere Road for
the first 150 feet west of Lockheed Drive.
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