in escrow in accordance with the provisions hereof
and (b) comply with the provisions of Article 13 and Section 15.2.
In witness whereof, the undersigned has executed this Agreement as of
____________, 2010.
FIRST AMERICAN TITLE INSURANCE COMPANY
By: ___________________________________
Name:______________________________
Title:_______________________________
51
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of San Diego, County of San Diego, State of
California, described as follows:
A CONDOMINIUM COMPRISED OF:
PARCEL ONE:
UNIT NO. 5887, AS SHOWN AND DESCRIBED ON THE TERRACES AT COPLEY POINT
CONDOMINIUM PLAN, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, STATE OF CALIFORNIA, ON OCTOBER 12, 2009 AS DOCUMENT NO. 2009-0564341
(CONDOMINIUM PLAN), WHICH IS LOCATED WITHIN PARCEL 2 OF MAP NO. 20237, IN THE
CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 6, 2007, AS
DOCUMENT NO. 2007-0233546, AS BEING APPROVED FOR COMMERCIAL CONDOMINIUM PURPOSES
BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 7, 2009 AS
DOCUMENT NO. 2009-0558796 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY (MAP).
ALL DEFINED TERMS USED HEREIN SHALL HAVE THE SAME MEANINGS SET FORTH IN THE
DECLARATION REFERENCED BELOW AND IN THE CONDOMINIUM PLAN.
PARCEL TWO:
AN UNDIVIDED FIFTY PERCENT (50%) FEE SIMPLE INTEREST AS A TENANT IN COMMON IN
AND TO THE COMMON AREA, AS SHOWN ON THE CONDOMINIUM PLAN.
PARCEL THREE:
APPURTENANT EASEMENTS AS CONTAINED IN THE DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF THE TERRACES AT COPLEY POINT RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 12, 2009 AS
DOCUMENT NO. 2009-0564342, (DECLARATION) AND FOR USE THEREOF PURSUANT TO THE
TERMS OF SAID DECLARATION AND SUBJECT TO ALL TERMS AND PROVISIONS SET FORTH
THEREIN.
APN:
356-400-40-00
Exhibit A, Page 1
EXHIBIT B
LIST OF CONTRACTS
Contracts for Cricket Building
Otis Elevators
Maintain four interior passenger elevators
GMI Buildling Services
Janitorial/Cleaning for Cricket Building
Brian Cox Mechanical (BCM)
Maintain Landlord HVAC equipment
Merchants Engineering
Building Engineer Services
Contracts for Common Area and Association
Arrowhead Water
Drinking water
Heritage Security
Exterior security patrols
LaSalle lighting
Monthly exterior lighting service/check
Merchants Engineering
Building Engineer Services
Otis Elevator
Maintain one elevator in parking garage
Park West landscape
Monthly landscape contract
Pestgon
Pest Control services
San Diego Sweeping Services
Parking lot and structure sweeping
Sunrise Pools
Cleaning of two water features
Waste Management
Trash Hauling
Exhibit B, Page 1
EXHIBIT C
FORM OF AS-IS CERTIFICATE AND AGREEMENT
[NOTE:
IF THE SALE AGREEMENT IS ASSIGNED PRIOR TO CLOSING, THE ASSIGNOR SHOULD
BE MADE A PARTY TO THIS AGREEMENT FOR ALL PURPOSES EXCEPT FOR SECTION 6 HEREOF]
THIS CERTIFICATE AND AGREEMENT (this "Agreement"), is made as of
_______________, 2010 by [INSERT NAME OF BUYER], [INSERT ORGANIZATIONAL INFO FOR
BUYER] ("Buyer") to and for the benefit of TERRACES CP, LLC, a Delaware limited
liability company ("Seller") and each of the other Seller Parties (as defined
herein).
RECITALS
WHEREAS, pursuant to the terms of that certain