CONTRA COSTA COUNTY PURCHASE AGREEMENT ADDENDUM

A Service of the Contra Costa Association of REALTORS®. This form is intended for use with the California Association of REALTORS® forms RPA “Residential Purchase Agreement” and/or RIPA “Residential Income Purchase Agreement”.

This Addendum is intended for use in the City of Richmond. Please also review the separate Contra Costa County or city specific Ordinances and Regulations for property in the area you are either selling or buying. Disclosure documents and forms may contain references, including web site addresses and internet links (hyper-links), to additional important material that is not printed on the document itself. Buyers and Sellers should investigate those links if they are not entirely satisfied with the document as it is presented to them.

The information in this Addendum has been compiled by the Contra Costa Association of REALTORS® as a service to its members and is effective as of June 2019. This Addendum is not intended to be nor should it be considered to be an accurate reflection of all of the legal requirements that may be imposed by the governmental and quasi-governmental entities referenced in this Addendum either as of the date the document was created or at any time thereafter. Real Estate Brokers and their Sales Associates do not have the requisite training or skills to determine the legal sufficiency of this Addendum or the legal requirements that may be imposed upon the Property. If Seller or Buyer has any questions or concerns regarding their legal rights and obligations then they should consult with their own qualified California real estate attorney.

This is an Addendum to that Purchase Agreement dated by and between (Seller) and (Buyer) for that Property commonly known as , CA. (the Property) which is within the Sanitary District. Buyers & Sellers should verify the Sanitary District in which the property is located. Except as specified herein, all other terms and conditions remain unchanged.

FOR THE PURPOSE OF THIS ADDENDUM, “COST OF COMPLIANCE” SHALL INCLUDE, BUT IS NOT LIMITED TO, ANY AND ALL REQUIRED INSPECTIONS, REPORTS, REVIEWS, FEES, PERMITS AND REPAIRS.

CITY OF RICHMOND SANITARY DISTRICT (includes Point Richmond)

SANITARY SEWER LATERAL COMPLIANCE:

An inspection report:

  has been provided to Buyer   has been provided to Buyer

A.    In Compliance: If checked, Seller warrants that a Sewer Lateral Inspection has been performed and that the Sanitary Sewer Lateral is in Compliance with the City of Richmond’s guidelines. Seller shall provide Buyer with proof of compliance prior to final verification of condition.

B.    Not in Compliance - Responsibility for Repairs: Repairs shall be made and paid by:

  Seller – to be responsible for obtaining a Certificate of Lateral Compliance from the City of Richmond no later than sixty (60) days after close of escrow. Based upon the estimate provided by the plumbing contractor, the sum to cover repairs will be left in escrow until any necessary repairs or replacement of the private sewer lateral are completed to obtain the Certificate. If no repairs or replacement actions are required, the money held in escrow shall be returned to the Seller.

  Buyer- agrees to assume full responsibility for the City’s requirement to obtain a Certificate of Lateral Compliance, or a notarized letter, or a statement in the escrow addendum stating that the requirement will be met sixty (60) days after close of escrow. Buyer acknowledges receipt of written estimate and is aware of the estimated cost for replacement or repair.

RICHMOND ANNEX – STEGE SANITATION DISTRICT

PRIVATE SEWER LATERAL COMPLIANCE: The East Bay Municipal Utility District (“EBMUD”) and Stege Sanitary District require property owners to obtain a compliance certificate that shows their private sewer laterals (“PSL’s”) are without defects and have proper connections. The ordinance requires property owners to test and, if needed, repair or replace their private sewer laterals when selling their Property, as one or both Districts may apply it is recommended to contact Districts for more information. (For further details, see the Contra Costa County Disclosure and Disclaimers Advisory)

An inspection report:

  has been provided to Buyer   has been provided to Buyer

A.  Property Exempt:Seller states that the Property is EXEMPT because PSL on the affected Property meets requirements set forth by EBMUD and Seller has/shall provide(d) evidence to Buyer, prior to final verification of condition.

B.  Property Not Exempt:the following party shall be responsible for compliance (Check One)

1.  In ComplianceSeller shall provide Buyer with a Certificate of Compliance, prior to final verification of condition.

2.  Compliance Prior to Close of Escrow:Seller shall complete all required inspections and required repairs, and provide Buyer with a Certificate of Compliance, prior to final verification of condition.

3.  Compliance After Close of Escrow:If compliance is to take place after Close of Escrow, then check either Seller or Buyer in each of the four paragraphs below that apply:

a.  Seller Buyer (check one) agrees to be responsible for obtaining the Certificate of Compliance within the time frame specifically set by the District, prior to Close of Escrow and agrees, if needed, to promptly upon Acceptance of the Purchase Agreement to apply for a Time Extension Certificate, which they shall deliver to Escrow prior to final verification of condition.

b.  Seller Buyer (check one) shall be responsible to pay the required EBMUD fee for this extension.

c.  Seller Buyer (check one) shall be responsible to post the deposit into escrow as is required by EBMUD for any Time Extension for compliance prior to the final verification of condition. Note: If the Certificate of Completion is not obtained within the time frame specifically set by the District after the close of escrow, this deposit may be subject to forfeit and the property owner may be subject to enforcement action by EBMUD.

d.  Seller Buyer (check one) to receive refund of the deposit once Certificate of Compliance is obtained.

C.  PROPERTY DEFERRED:Condominiums are also required to comply with the private sewer lateral program. However, Homeowners’ Associations (“HOA”) for multi-unit structures served by a single lateral or shared laterals have until July 2021 to comply. EBMUD recommends that you contact your HOA for additional information.

For more information go to http://www.eastbaypsl.com/eastbaypsl/extension.html

WEST COUNTY WASTEWATER DISTRICT (includes El Sobrante area of Richmond) -SANITARY SEWER LATERAL COMPLIANCE:
SANITARY SEWER LATERAL COMPLIANCE:

All Properties serviced by the West County Wastewater District (“WCWD”) must have a video inspection of the sewer lateral prior to the Close of Escrow unless there is a Certificate of Compliance on file with the WCWD.

A Video of the Sewer Lateral has been completed and the inspection report:

  has been provided to Buyer   has been provided to Buyer

A.  in Compliance:If checked, Seller warrants that a Sewer Lateral Inspection has been performed and that the Sanitary Sewer Lateral is in Compliance with WCWD guidelines. Seller shall provide Buyer with proof of Compliance prior to final verification of condition.

B.  Not in ComplianceIf checked, the subject Property is not yet in compliance with the Sewer Lateral Inspection requirements but that inspection must be completed prior to the Close of Escrow. Cost of the Inspection shall be paid by Seller which is consistent with WCWD guidelines.

C.  Buyer. NOTE:WCWD has stated that costs may not be passed on to the Buyer.

D.  Any required repairs/replacement of the sewer lateral shall be paid as agreed in the Purchase Agreement. In the event that the Parties cannot complete required repairs/replacement of the sewer lateral prior to the Close of Escrow then Buyer Seller shall be responsible for securing a 90-day extension to complete that work. The WCWD will require at least 1 written proposal for the work to be completed and sufficient funds must be placed in escrow to pay for the work before the extension can be obtained.

MARINA BAY REDEVELOPMENT FEE:

The Property is or is not subject to the Richmond Redevelopment Agency Fee (the “Fee”) Upon Transfer of Home Ownership of one and one-half percent (1½ %) of the gross sale price of the Property, at Close of Escrow for the sale of the Property.

The fee shall be paid by:

  Seller   Buyer   Shared by Seller % and Seller %

WATER CONSERVING PLUMBING FIXTURES:

California Law requires owners of single-family residential property built before 1994 to install water conserving plumbing fixtures by 2017. Additionally, if any such Property is altered or improved, then water conserving plumbing fixtures must be installed as a condition of final permit approval (Cal. Civil Code Section 1101.4). Although California law does not make compliance with this statute a point of sale requirement (condition of sale), this Addendum shall establish which of the undersigned Parties is responsible for compliance with this law.

A.  Seller Responsible: Seller either (a) has complied with retrofitting the Property with compliant water conserving plumbing fixtures; or (b) prior to the close of escrow, shall pay for the retrofit of all non-compliant water conserving plumbing fixtures with compliant fixtures of quality comparable to existing fixtures.

B.  Buyer Responsible: Buyer shall be responsible and pay for all expenses in retrofitting all noncompliant water conserving plumbing fixtures with compliant fixtures after the Close of Escrow, or as specified in the Permit Work paragraph below.

POOL/SPA SAFETY DEVICES

To prevent drowning of children four (4) years of age and under, California law requires owners of singlefamily residential property with a pool and/or spa to install at least 2 of 7 safety devices. Home inspection reports used in the sale of single family residence must disclose if the Property has any pool and/or spa safety devices. If the Property is altered or improved, then at least two (2) safety devices must be installed as a condition for final permit approval (Cal. Health & Safety Code Section 115925). Although California law does not make compliance with this statute a point of sale requirement (condition of sale), this Addendum shall establish which of the undersigned Parties is responsible for compliance with this law.

A.  Seller Responsible: Seller either (a) has complied with retrofitting the Property with at least two (2) drowning prevention devices; or (b) prior to the Close of Escrow, shall pay for and retrofit the Property with two (2) drowning prevention devices as required by state law.

B.  Buyer Responsible: Buyer shall be responsible and pay for all expense in retrofitting the Property with two (2) drowning prevention devices as required by state law after the Close of Escrow, or as specified in the Permit Work paragraph below.

PERMIT WORK PRIOR TO CLOSE OF ESCROW

The Parties understand, acknowledge and agree that, in the event there is an agreement that the Seller will perform any repairs prior to the Close of Escrow that constitute alterations or improvements at the Property will require the issuance and finalization of a permit, the governing agency will require that the Property be retrofitted with compliant water conserving plumbing fixtures as a condition of finalizing the permit and/or at least two (2) drowning prevention devices; in the event, the Party designated above shall be responsible for the expense of such retrofitting regardless of who is paying for the work necessitating the permit.

NOTE: (a) the interpretation as to what constitutes an alteration or improvement may differ in different jurisdictions and (b) real estate licensees cannot predict what interpretation will be used at any point in time by any permit issuing entity.

Other ordinances: Jurisdictions have ordinances that may affect the use, value or enjoyment of your Property. You are advised to visit the appropriate website or offices of the appropriate jurisdiction to determine whether the Property is in an area regulated by such ordinances.

SOURCES OF INFORMATION:

City of Richmond: http://www.ci.richmond.ca.us/, 1401 Marina Way So., Richmond CA 94804 Tel: 510/620-6513 Engineering Dept. 510-307-8091 Police http://www.rpdonline.net/main/home.htm 510/233-1214

East Bay Municipal Utility District (EBMUD): http://www.ebmud.com Tel: 866-403-2683

Stege Sanitary District: http://www.stegesan.org/, 7500 Schmidt Lane, El Cerrito CA 94530 Tel: 510/524-4668

THE UNDERSIGNED AGREE TO ALL OF THE TERMS AND CONDITIONS ABOVE AND ACKNOWLEDGE RECEIPT OF ALL FIVE (5) PAGES OF THIS DOCUMENT.

© Delta AOR – All Rights Reserved ‐ Revised 07/01/19