EXHIBIT 99.6
AGREEMENT FOR TRANSFER OF
GRIZZLY CREEK AND ESCROW INSTRUCTIONS
AND OPTION AGREEMENT
This Agreement for Transfer of Grizzly Creek and Escrow Instructions and
Option Agreement (this "Agreement") is made as of the 26th day of February,
1999, by and between The Pacific Lumber Company, a Delaware corporation
("Palco") and the State of California acting by and through the California
Wildlife Conservation Board ("State").
RECITALS
A. Pursuant to Section 1(b) of Assembly Xxxx 1986 set forth in Chapter 615
of the Statutes of 1998 of the State of California ("AB 1986") up to
$20,000,000.00 was appropriated for the purchase at fair market value of lands
("Designated Lands") within the "Grizzly Creek Marbled Murrelet Conservation
Area" located in Humboldt County, California, as depicted on Exhibit A attached
hereto (the "Property"). State desires to acquire the Designated Lands as
authorized in AB 1986, and on the terms set forth herein.
B. Title to the Property is held by Palco and its wholly-owned subsidiary,
Scotia Pacific Company LLC, a Delaware limited liability company ("Scotia").
Palco and Scotia are individually and collectively sometimes referred to herein
as the "Transferor." Palco is willing to cause the conveyance of the Designated
Lands (including the interest currently held by Scotia Pacific) to State on the
terms set forth herein.
C. As part of this Agreement, Transferor is willing to grant to the State
an option to acquire the remaining portions of the Property exclusive of the
Designated Lands ("Option Lands") for their fair market value.
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the parties hereto agree as follows:
ARTICLE 1: AGREEMENT OF SALE
1.1 Agreement. Palco agrees to convey, and/or cause to be conveyed, the
Designated Lands to State, and State agrees to acquire the Designated Lands.
1.2 Process. The State shall designate the Designated Lands from the
Property. The only requirements are that (a) the Designated Lands shall have a
fair market value equal to at least $19,350,000 ("Minimum Price"); (b) the
Designated Lands shall be in as reasonable a configuration as is
practically possible; (c) the Designated Lands shall surround the boundaries of
Grizzly Creek State Park, to the extent reasonably possible; (d) the Designated
Lands shall not include material quantities of Hazardous Materials (as defined
below); and (e) the Designated Lands shall adjoin existing public access to
Grizzly Creek State Park, to the extent reasonably possible. The State shall
diligently work with its surveyor and appraiser in order to choose Designated
Lands which shall have an appraised fair market value of at least the Minimum
Price and no more than $19,850,000, (the "Maximum Price").
1.3 Purchase Price. The State shall pay as the purchase price the fair
market value for the Designated Lands, and no less than the Minimum Price and no
more than the Maximum Price (the "Purchase Price").
1.4 Appraisal. Within 30 days from the date hereof, Palco shall provide to
the State a list of at least five California licensed appraisers. The State
shall select the appraiser from such list, and direct such appraiser to
determine the fair market value of the Designated Lands. A copy of the final
appraisal satisfying the criteria set forth in Section 1.2 above shall be
provided to Palco within 15 days after receipt of the final appraisal and no
later than 15 months from the date hereof. Palco shall have the right to
terminate this Agreement upon notice to the State if it determines, in its
reasonable discretion, that the methodology of such final appraisal was
improperly chosen or applied inappropriately. In such event, (a) this Agreement
and the Escrow shall automatically terminate, (b) all funds and documents
delivered by either party to the Escrow shall be returned to the party having
delivered the same, (c) all escrow cancellation charges shall be paid 50% by
State and 50% by Palco, and (d) neither party shall have any further liability
hereunder.
ARTICLE 2: ESCROW
2.1 Opening Escrow. No later than 17 months from the date hereof, an escrow
(the "Escrow") at a licensed escrow company designated by the State shall be
opened for the purpose of closing the transfer of the Designated Lands to State
on the terms and conditions set forth in this Agreement. Escrow shall be the
party responsible for filing the required Form 1099B (or other required form)
with the U.S. Internal Revenue Service.
2.2 Schedule for Closing. The closing of the transaction provided for in
Article 1 above (the "Closing") shall occur at the time that all the conditions
precedent set forth in Article 5 hereof have been satisfied or waived, all of
the fully-executed documents and funds described in Article 8 hereof have been
delivered to Escrow, and on the day the "Grant Deed" (as defined below) is
recorded with the Humboldt County Recorder (the "Closing
Date"). The Closing shall occur no later than the "Outside Date," as
defined in Section 2.3 hereof.
2.3 Outside Date. The deadline for closing the Escrow (the "Outside Date")
shall be October 31, 2000; however, the Outside Date shall be moved to an
earlier date in the event any statute enacted hereafter attempts to repeal that
date. Such earlier date shall be 10 days before the effective date of the
statute seeking to repeal such date.
ARTICLE 3: REVIEW OF TITLE
3.1 Title Report. Promptly after determination of the Designated Lands, the
State shall order from a title company designated by the State a preliminary
report on the Designated Lands (the "Preliminary Report") and copies of all
documents relating to title exceptions referred to in the Preliminary Report.
After receiving the Preliminary Report and documents, State shall have 30 days
within which to notify Palco in writing of any reasonable objection State may
have to any of the "Non-Monetary Exceptions" (as defined below) reported in the
Preliminary Report, together with an explanation for its objection to any
Non-Monetary Exception. State's failure to object, with an explanation, where
required, to any exception within said 30 days shall be deemed State's approval
thereof.
3.2 Monetary Exceptions. State's title to the Designated Lands shall be
delivered free of monetary exceptions. Palco shall be required to remove the
same prior to the Outside Date or, at Palco's election, they may be paid at the
Closing out of Palco's proceeds.
3.3 Non-Monetary Exceptions. If, before the deadline established pursuant
to Section 3.1 above, State reasonably objects, with an explanation, to any
exceptions that are not monetary exceptions ("Non-Monetary Exceptions"), then
Palco shall have until 10 days prior to the Outside Date (the "Elimination
Deadline") within which to attempt to eliminate such disapproved Non-Monetary
Exceptions. At any time on or prior to the Elimination Deadline, Palco may
notify State that Palco is unable or unwilling to remove any disapproved
Non-Monetary Exception, and unless State delivers notice to Palco waiving its
disapproval within 5 days following Palco's notice, then (a) this Agreement and
the Escrow shall automatically terminate, (b) all funds and documents delivered
by either party to the Escrow shall be returned to the party having delivered
the same, (c) all escrow cancellation charges shall be paid 50% by State and 50%
by Palco, and (d) neither party shall have any further liability hereunder.
3.4 Permitted Exceptions. Any exceptions not timely and properly
objected to by State pursuant to this Article 3, and any exceptions as to which
State has waived its objection pursuant to Section 3.3 above, shall be referred
to herein as "Permitted Exceptions". It is agreed that those title items which
are substantially the same as the United States accepted title to with regard to
its acquisition of the Headwaters shall be deemed Permitted Exceptions.
ARTICLE 4: DELIVERIES INTO ESCROW
4.1 Documents to be Delivered by Palco. No later than one (1) business day
before the Outside Date, Palco shall deliver or cause to be delivered to Escrow:
(a) a recordable grant deed (the "Grant Deed"), duly executed and acknowledged
by Transferor, conveying the Designated Lands to any designee of the State
capable of holding title to the Designated Lands (the "Designee"), (b) an
Affidavit executed by each Transferor entity stating that such entity is not a
"foreign person" under Section 1445(b) of the Internal Revenue Code; and a FTB
Form 590 executed by each such entity (collectively, the "Affidavits"), (c)
Natural Hazard Disclosure Statements in the form of Exhibit B hereto executed by
each Transferor (collectively, the "Disclosures"); (d) a recordable right of
entry or easement agreement among State, Palco and such affiliates of Palco as
Palco may designate prior to the Closing, providing roadway access to Palco and
such affiliates across the Designated Lands, in form reasonably acceptable to
the parties hereto (the "Right of Entry"), executed and acknowledged by Palco
and each such affiliate. Such right of entry or easement over portions of the
Designated Lands reasonably acceptable to the parties. The Right of Entry shall
be reasonably sufficient to provide access through the Designated Lands, to
other real property owned by Palco or its affiliates. As a matter of
information, the State will have access by virtue of the existing right of way
to Grizzly Creek State Park.
4.2 Funds and Documents to be Delivered by State. Not later than one (1)
business day before the Outside Date, State shall deliver or cause to be
delivered to Escrow: (a) immediately available funds, in an amount equal to the
Purchase Price, (b) a certificate of acceptance of the Grant Deed, executed by
State (the "Acceptance"), (c) a copy of each Disclosure, originally executed by
State as the "Transferee" thereunder; and (d) the Right of Entry, duly executed
and acknowledged by State.
ARTICLE 5: CONDITIONS PRECEDENT TO CLOSING
Each party's obligation to perform under this Agreement and the Closing
shall be conditioned upon satisfaction of each of the conditions precedent which
are listed below for the benefit of such party. No waiver of a condition
precedent by any party shall be effective or enforceable
unless in writing signed by the party for whose benefit such condition is
included herein. The following are the conditions:
5.1 Delivery of Documents and Funds. For the benefit of State on the one
hand and Palco on the other hand, the timely delivery to Escrow of all documents
and funds which this Agreement requires the other party to deliver or cause to
be delivered to Escrow.
5.2 Title. For the benefit of State, the title company shall be irrevocably
committed to issue, upon the Closing, a CLTA extended form of title insurance
policy in the amount determined by State as appropriate, but not greater than
the Purchase Price, covering the Designated Lands and showing State as the
owner, subject only to the Permitted Exceptions (the "Title Policy").
5.3 WCB Approvals. For the benefit of State, notwithstanding the approval
of the State of California Wildlife Conservation Board ("WCB") authorizing
execution of this Agreement, the WCB shall have taken the following actions,
which actions the State hereby acknowledged were taken on February 25, 1999:
(a) On or before March 1, 1999, it shall have approved and authorized
the acquisition of the Designated Land; and
(b) On or before March 1, 1999, it shall have allocated such funds as
are necessary to carry out said acquisition.
5.4 Department of General Services (DGS) Approval. For the benefit of State
on the one hand and Palco on the other hand, the DGS Approval shall have been
received, and all appraisal and transaction documents shall have been approved
by the DGS. State shall promptly submit all appraisal and transaction documents
to DGS for its review and approval as they become available. The DGS shall not
unreasonably withhold or delay its approval of any documents submitted pursuant
to this Section 5.4.
ARTICLE 6: CERTAIN COMMITMENTS BY PALCO
Palco shall not take (and shall ensure that Scotia shall not take) any of
the following actions prior to the Closing without the prior written consent of
State, which consent shall not be unreasonably withheld, conditioned or delayed:
6.1 Agreements. Make or allow to be made, extend or allow to be extended
any leases, contracts, options or agreements whatsoever affecting the Designated
Lands, except those which can be terminated on 30 days' or
less notice, and except those not prohibited by AB 1986; and
6.2 Encumbrances. Cause or permit any lien, encumbrance, mortgage, deed of
trust, restriction, or easement to be placed upon the Designated Lands after the
date of this Agreement; provided, however, that any such action shall be
permitted if not prohibited by AB 1986 and if Palco causes such lien or
encumbrance to be removed on or prior to the Closing.
ARTICLE 7: HAZARDOUS MATERIALS
7.1 Definitions. As used in this Article 9, the following terms shall have
the following meanings:
(a) "Hazardous Material" means any substance or waste containing
hazardous substances, pollutants or contaminants as those terms are defined,
designated, classified or listed in the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq. as amended
("CERCLA") and the regulations promulgated thereunder, and any other substance
or waste similarly defined, designated, classified, listed or identified in any
other "Environmental Laws," as defined below. This definition specifically
includes asbestos-containing material, petroleum, and any fraction thereof,
petroleum-based products and polychlorinated biphenyls ("PCBs").
(b) "Environmental Laws" means all applicable federal, state, and
local laws, regulations and ordinances or binding determinations of any
governmental authority governing the manufacture, import, use, handling,
storage, transport, processing, release or disposal of substances or wastes
deemed hazardous, toxic, dangerous or injurious to public health or to the
environment or relative to air quality, water quality, solid waste management,
hazardous waste management, hazardous or toxic substances or protection of human
health or the environment, including, but not limited to, CERCLA, the Hazardous
Material Transportation Act (49 U.S.C. Section 1801 et seq.), the Federal Water
Pollution Control Act (33 U.S.C. Section 1251 et seq.), the Resource
Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) ("RCRA"),
the Clean Air Act (42 U.S.C. Section 7401 et seq.), the Toxic Substances Control
Act (15 U.S.C. Section 2601 et seq.), and the Federal Insecticide, Fungicide,
Rodenticide Act (7 U.S.C. Section 136 et seq.), as each of these laws have been
amended through the date of this Agreement, and any analogous state or local
statutes and regulations promulgated pursuant thereto, as the same have been
amended through the date of this Agreement.
7.2 Representation and Warranty. Palco represents and warrants to
State as of the date of this Agreement and as of the Closing Date, there
are no facts indicating the presence of any Hazardous Materials on, in or under
the Designated Lands. Palco hereby agrees to indemnify and hold the State
harmless with regard to the breach of this Section 7.2 except with respect to
Hazardous Materials deposited by or through the State. This Section 7.2 shall
survive the Closing.
ARTICLE 8: CLOSING THE ESCROW
8.1 The Closing. When all of the conditions precedent to the Closing set
forth in Article 5 hereof have been satisfied, then title company shall date all
undated documents as of the Closing Date, attach the Acceptance to the Grant
Deed, to the extent counterparts of documents have been provided, detach and
re-attach signature pages so that there are fully executed sets of the
documents, prorate items (if any) set forth in Article 9, pay all fees and
expenses incident to the Escrow as set forth in Article 10 and, in the following
order:
(a) Record the Grant Deed and the Acceptance in the Official
Records of Humboldt County.
(b) Record the Right of Entry in the Official Records of
Humboldt County.
(c) Deliver to Palco one fully executed set of Disclosures.
(d) Deliver to State the Affidavits and one fully executed set of
Disclosures.
(e) Deliver to Palco (or as otherwise directed by Palco) by wire
transfer in accordance with wiring instructions to be provided by Palco or such
other recipient, an amount equal to the Purchase Price, adjusted by deducting
Palco's share of closing costs, if any, and deducting any net debit or crediting
any net credit to Palco's account by reason of prorations.
(f) Deliver to State the Title Company's check for any excess funds
deposited into the Escrow after payment of all closing costs.
(g) Deliver to State the Title Policy in triplicate as soon as
possible after the Closing.
(h) Deliver conformed copies of all the recorded documents to State
and Palco at the addresses set forth in Section 14.5 hereof.
8.2 Escrow Termination. If for any reason the Escrow has not closed
by 11:59 p.m. on the Outside Date, then (a) the Escrow shall be deemed
terminated automatically without further action by either party, (b) any
documents and/or funds deposited with Title Company shall be returned to the
party depositing the same (less escrow cancellation charges chargeable to such
party from any such funds), without any further consent from any other party to
the Escrow, and (c) all escrow cancellation charges shall be paid 50% by State
and 50% by Palco. The termination of the Escrow as provided herein shall be
without prejudice to the legal and equitable rights a party has against the
other party under this Agreement for breach.
ARTICLE 9: PRORATIONS
9.1 Real Property Taxes Affecting the Designated Lands. Palco shall cause
all property taxes, assessments, penalties and interest, if any, for all periods
prior to the Closing to be paid prior to the Closing. Palco shall be solely
responsible for obtaining any refund from the County of Humboldt of real
property taxes caused to be paid by Palco or a Transferor and affecting the
Designated Lands for the period after the Closing. State shall, upon demand,
promptly execute and deliver any documents or instruments reasonably requested
by Palco in order to facilitate obtaining such refund.
9.2 Timber Yield Taxes. Palco or the Transferor(s) shall be responsible for
paying any timber yield taxes with respect to the Designated Lands attributable
to the period prior to the Closing relating to the Property.
9.3 Proration Date. All prorations shall be as of the Closing, it being
specifically understood that State will not be responsible for payment of any
taxes.
ARTICLE 10: CLOSING COSTS
10.1 State's Responsibility. State shall be responsible for payment of any
costs of recording any conveyancing documents, any documentary transfer taxes,
the title insurance premiums for the Title Policy and all endorsements thereto,
and Title Company's escrow fees.
10.2 Legal Fees. Each party shall bear its respective legal fees and
expenses incurred in negotiating, documenting and closing this transaction.
ARTICLE 11: OPTION TO ACQUIRE OPTION LANDS
11.1 Palco hereby grants to the State an irrevocable and exclusive option
to acquire all or some of the Option Lands on the terms and
conditions of this Section 11.
11.2 The term of the option shall be for five years from the date hereof.
11.3 The purchase price for the Option Lands shall be its fair market value
on the date the State delivers notice of its intent to exercise the option
provided for herein. The procedure for determining the purchase price shall be
the same appraisal process set forth in Section 1 above subject to both Palco
and the State approving in writing the appraisal, which approval shall not be
unreasonably withheld or delayed.
11.4 The State shall exercise the option by delivering written notice to
Palco of its election to so exercise. If the State elects to exercise its option
over less than all of the Option Lands, then such small parcel shall adjoin and
be adjacent to the Designated Lands and shall be in a square configuration to
the extent practically possible and in any event reasonably configured with
respect to the remaining Property.
11.5 Upon delivery of the notice set forth in Section 11.4, the State and
Palco shall promptly enter into a purchase agreement substantially similar to
this Agreement (exclusive of the option provisions), provided that the close of
escrow shall occur within five years from the date hereof.
11.6 It shall be a condition precedent to the exercise of the option and
its consummation that the State shall have consummated the purchase of the
Designated Lands.
ARTICLE 12: MISCELLANEOUS PROVISIONS
12.1 Waiver; Remedies; Modification. No delay on the part of any party
hereto in exercising any right, power or privilege hereunder shall operate as a
waiver thereof, nor shall any waiver on the part of any party hereto of any
right, power or privilege hereunder operate as a waiver of any other right,
power or privilege hereunder, nor shall any single or partial exercise of any
right, power or privilege hereunder, preclude any other or further exercise
thereof or the exercise of any other right, power or privilege hereunder. A
modification of any provision herein contained, or any other amendment to this
Agreement, shall be effective only if the modification is in writing and signed
by all the parties hereto.
12.2 Applicable Law. This Agreement shall in all respects be governed by
the laws of State of California applicable to agreements executed and to be
wholly performed within this State without regard to principles of
conflict of law.
12.3 Attorneys' Fees. Should any party hereto commence any action or
proceeding to enforce any provision of this Agreement or for damages by reason
of an alleged breach of any provision of this Agreement or for declaratory
relief, the prevailing party shall be entitled to recover from the losing party
or parties such amount as the court may adjudge to be reasonable attorneys' fees
for services rendered to the prevailing party in such action or proceeding.
12.4 Separate Counterparts. This Agreement may be executed in separate
counterparts, each of which when so executed shall be deemed to be an original.
Such counterparts shall, together, constitute and be one and the same
instrument.
12.5 Notices. Any notice or demand required herein shall be given
personally, by certified or registered mail, postage prepaid, return receipt
requested, by confirmed fax, or by reliable overnight courier to the address of
the respective parties set forth below. Any notice served personally shall be
deemed delivered upon receipt, served by facsimile transmission shall be deemed
delivered on the date of receipt as shown on the received facsimile, and served
by certified or registered mail or by reliable overnight courier shall be deemed
delivered on the date of receipt as shown on the addressee's registry or
certification of receipt or on the date receipt is refused as shown on the
records or manifest of the U.S. Postal Service of such courier. Each party
hereto, may from time to time designate any other address for this purpose by
written notice to the other parties. Notices shall be given as follows:
If to Palco, to:
The Pacific Lumber Company
000 Xxxx Xxxxxx, Xxxxxx Xxxxx
Xxxxxx, Xxxxxxxxxx 00000
Attn.: President/Chief Executive Officer
Facsimile No.: (000) 000-0000
with a copy to:
The Pacific Lumber Company
Xxx Xxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxx 00000
Attn.: Managing Counsel/Real Estate
Facsimile No.: (000) 000-0000
with a copy to:
Nossaman, Guthner, Xxxx & Xxxxxxx, LLP
000 Xxxxx Xxxxxxxx Xxxxxx - 00xx Xxxxx
Xxx Xxxxxxx, Xxxxxxxxxx 00000-0000
Attn.: Xxxxxx X. Xxxxxxx, Esq.
Facsimile No.: (000) 000-0000
If to State, to:
The Resources Agency
Department of Fish & Game
Wildlife Conservation Board
000 X Xxxxxx, Xxxxx 000
Xxxx.: W. Xxxx Xxxxxxx, Executive Director
Facsimile No.: (000) 000-0000
12.6 Captions, Number and Gender, Exhibits. The captions appearing at the
commencement of the paragraphs sections and subsections hereof are descriptive
only and for convenience in reference. Any reference to a section herein
includes all subsections thereof. Should there be any conflict between any such
caption and the article, paragraph or subparagraphs at the head of which it
appears, the article, paragraph or subparagraph and not the caption shall
control and govern the construction of this Agreement. In this Agreement, the
masculine, feminine or neuter gender and the singular or plural number shall
each be deemed to include the others whenever the context so requires. All
exhibits attached hereto and referenced in the body of this Agreement are
incorporated herein by such reference.
12.7 Survival. All representations, covenants and agreements made and all
obligations to be performed under the provisions hereof to the extent not
performed at or before the Closing shall survive for a period of one year from
the Closing and shall not be deemed to merge with the grant deed or upon
delivery or acceptance thereof.
12.8 Further Action. Each party hereto shall, on or before the Closing,
duly execute and deliver such papers, documents and instruments and perform all
acts reasonably necessary or proper to carry out and effectuate the terms of
this Agreement.
12.9 Performance. Time is of the essence of this Agreement and of each
provision hereof.
12.10 No Presumption Regarding Drafter. The parties hereto
acknowledge and agree that the terms and provisions of this Agreement have been
negotiated and discussed among the parties, and that this Agreement reflects
their mutual agreement regarding the subject matter of this Agreement. Because
of the nature of such negotiations and discussions, no party shall be deemed to
be the drafter of this Agreement, and therefore no presumption for or against
the drafter shall be applicable in interpreting or enforcing this Agreement.
12.11 Days and Months. Unless otherwise stated, all references to days or
months herein shall be references to calendar days or calendar months.
12.12 Severability. If any provision of this Agreement is found invalid or
unenforceable, such provision shall be enforced to the maximum extent possible
and the other provisions shall remain in full force and effect to the extent
they can be reasonably applied in the absence of such invalid or unenforceable
provision.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first set forth above.
THE PACIFIC LUMBER COMPANY
By: /s/ Xxxx X. Xxxxxxxx
Xxxx X. Xxxxxxxx
President and CEO
STATE OF CALIFORNIA ACTING BY AND THROUGH THE
WILDLIFE CONSERVATION BOARD
By: /S/ W. XXXX XXXXXXX
W. Xxxx Xxxxxxx
Executive Director
APPROVED:
DEPARTMENT OF GENERAL
SERVICES OF THE STATE
OF CALIFORNIA
By: [signature illegible]
Director
EXHIBIT B
NATURAL HAZARD DISCLOSURE STATEMENT
The Transferor discloses the following information with the knowledge that even
though this is not a warranty, prospective buyers may rely on this information
in deciding whether and on what terms to purchase the subject property.
THE FOLLOWING ARE REPRESENTATIONS MADE BY THE TRANSFEROR AND HIS OR HER AGENT(S)
BASED ON THEIR KNOWLEDGE AND MAPS DRAWN BY THE STATE. THIS INFORMATION IS A
DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE TRANSFEREE
AND THE TRANSFEROR.
THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS PROPERTY(S):
A SPECIAL FLOOD HAZARD PROPERTY (Zone "A") designated by the Federal Emergency
Management Agency.
Yes _______ No _______ Do not know/information not available from
local jurisdiction ___________
A PROPERTY OF POTENTIAL FLOODING shown on an inundation map pursuant to Section
8589.5 of the Government Code.
Yes _______ No _______ Do not know/information not available from
local jurisdiction ___________
A VERY HIGH FIRE HAZARD SEVERITY ZONE pursuant to Section 51179 of the
Government Code. The owner of this property is subject to the maintenance
requirements of Section 51182 of the Government Code.
Yes _______ No _______
A WILDLAND PROPERTY THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS
pursuant to Section 4125 of the Public Resources Code. The owner of this
property is subject to the maintenance requirements of Section 4291 of the
Public Resources Code. Additionally, it is not the state's responsibility to
provide fire protection services to any building or structure located within the
wildlands unless the Department of Forestry and Fire Protection has entered into
a cooperative agreement with a local agency for those purposes pursuant to
Section 4142 of the Public Resources Code.
Yes _______ No _______
AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources
Code.
Yes _______ No _______
A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code.
Yes _______ No _______
THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN
INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER.
Transferor certifies that the information herein is true and correct to the best
of the transferor's knowledge as of the date signed by the transferor.
Signature of Transferor ________________________ Date _________________
Transferee certifies that he or she has read and understands this document.
Signature of Transferee ________________________ Date _________________
