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HomeMy WebLinkAboutC-3155 - Balboa Peninsula Gateway Park, Lido Gateway Park, and Sound Wall Landscape Improvementst\ L RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Newport Beach Cit,t Clerk 3300 Newport Blvd. peact Newport Beach, CA 92658 1 ATTN: Kevin Murphy _nO' /��� RE('ORDINu REOI)ESTED BY FIDELITY NATIONAL TITLE INS. CO. A.P.N.: Recorded in the County of Orange, California Gary L. Granville, Clark /Recorder I�Ilfl�l lNNK�l��l�I�II�IIIIIINII<� 1s,66 19916073198 4:27pm 02/18/91 004 9019127 09 49 002 4 07 165.00 7.00 9.00 0.00 0.00 165.00 0.96 0.00 0.00 Order No.: 96- 02718GA Above This Line for Recorder's Escrow L. GRANT DEED y Ian asi� THE UNDERSIGNED GRANTOR(s) DECLARE s) THAT DOCUMENTARY TRANSFER TAX IS: COUNTY $330.OQ C 1 1997 I X ] tout uted on full value of roe ( ci[pr ^tyx P P P rtY conveyed, or � ,r CJ ( ] computed on full value less value of liens or encumbrances remaining at time of sale, A " " "'eaI BEACH unincorporated [ ] y [ ] rporated azea; X City of Newport Beach ,and FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged, Virginia A. Irgang and Frank Irgang, Husband and Wife as Joint Tenants as to an undivided 1/3 interest; and �. Raymond H. Daniger and La Rue H. Daniger, Husband and Wife as Joint Tenants as to an undivided 1/3 interest; and Barbara E. Schinnerer, as to an undivided 1/3 interest hereby GRANT(S) to The City of Newport Beach, A Municipal Corporation the following described property in the City of Newport Beach, County of Orange State of California; LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF FURTHER DESCRIBED AS EXHIBIT A,t Barbara E. Schinnerer Document Date: October 8. 1996 STATE OF CALIFORNIA )SS COUNTY OF A IIA XGYt25 ) Ray/ d H. Daniger ({ La Rue H. Daniger �)2i� • �/ 'r / ce r L] personally appeared {� n ? nr r\ �-� • n L1-'i� 1 a Ct ,rr,� rl 1. a 1�u r H C�o..t\ ie /�P l' I a P C�.. personally known to rut (ot proved ro me on the basis of satisfactory evidence) ro be the persons) whose names) is /are subscribed to the within ittstnr Went 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 instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Ceprlce M. BU1ZIer g Comm. #2024624 ((�� N VUBLIC CAUFORNSignarure CLAVE=COUNT' mm 8.pu44 NW 24.1008 This area for official notarial seal. Mail Tax Statements to: SAME AS ABOVE or Address Noted Below Order No. 9602718 EXHIBIT "ONE" That portion of the Northeast quarter of the Southwest quarter of fractional Section 28, Township 6 South, Range 10 West, S.B.M. according to an Official Plat filed in the District Land Office, August 4, 1890, also being in the City of Newport Beach, County of Orange, State of California, described as follows: Beginning at a point in that certain curve having a radius of 2914.83 feet in the Westerly line of the 100.00 foot strip of land described in the deed, to the Southern Pacific Railroad Company, recorded October 14, 1921, in Book 405, Page 250 of Deeds, records of Orange County, State of California, said point being the Northwesterly corner of the parcel of land described in that certain deed recorded July 30, 1941, in Book 1099, Page 583 of Official Records as shown on map recorded in Book 97, Page 17 of Records of Survey of said County; thence Northerly along said curve concave Easterly through a central angle of 3113'10", an arc distance of 163.78 feet, to the TRUE POINT OF BEGINNING; thence Easterly on a non - radial line South 77 152'17" East 64.83 feet to a point in that certain curve having a radius of 2415.05 feet in the Westerly line of the land described in Parcel 1 of deed recorded November 20, 1935, in Book 792, Page 25 of said Official Records; thence Northerly along said curve concave Westerly through a central angle of 4 004'21 ", an arc distance of 171.66 feet to a point in the Southerly line of that certain strip of land 15.00 feet wide as described in the deed recorded January 19, 1944, in Book 1235, Page 115 of said Official Records; thence North 73011'47" West, 38.45 feet, to a point on said Westerly line of the 100.00 foot strip of land; thence Southerly along said Westerly line through a central angle of 3025'02 ", an arc distance of 173.85 feet to the TRUE POINT OF BEGINNING. Said land is also known as Parcel 1, as shown on Exhibit "B" of that certain "Lot Line Adjustment N.B.L.L.A. 80 -1" recorded April 10, 1981, in Book 14016, Page 73 of Official Records of Orange County, California. Assessors Parcel No: 423 - 101 -21 CALIFORNIA ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF C )Q U e ( -CaS__ ) On —1 o — I fi - q 10 before me. CQtp C 1 C C m • Z V"Z- 1 e -rt llo- R-rU OLLbUL U \TF \AME.Trtl_EOFOFFICER I!.G..'JANE. DOE.NOTARYPt: R. 1111 /n� 1111 pennnallvappeared,� mon�Fi '�aXllQe� QI'�r� Klli 11. )1 A 2.ue O. Oct-na c personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose nam (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 signumre(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. W; Caprice M. ButzUrg WITNESS mY hand and official weal. NOTARY PUBLIC OCAALLFORNI OALAVEA" COUNTY t! Comm. lbotm May 1ta, 7008 (SEAL) LJ,NOTAR�. �l VOTARY PC RLI(' SIG\ GRF, OPTIONAL INFORMATION TITLE OR'I1'PFOFDOCI! \Ih:N "t lJ,cc r, '-? DATF.01 D00 IMEN'f 1c'�1v1_C. NV%IBI:ROf - PAGES .... -- -/ --- - - - - -- SIGNhRiSj O1lff;R I'It \\ N \ \llfl) CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA )SS COUNTY OF F -��-�— ) no i" ,,5V . e-4 l 3 / - . hPm mP personally known to me (or proved to me odthe basis of satisfactory evidenc93 to be thoerson(f) whose name(s) is /are subscribed to due-wi 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 person(s) or the entity upon behalf of which the pemon(s) acted, executed the instrument. WITNESS my, hand and official seal. n JOANNE I. MEDEIRM (� - COMM. #101T�¢Q,_- Signature NOTARYpUBLC- �ALEry tw SAN DIEGO COUNTY M Commission Expires �EBRUARY 13,19 is area or o tcta not ru se OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL [ ] CORPORATE OFFICER(S) [ ] PARTNER(S) - I ] LIMITED [ ] GENERAL [ ] ATTORNEY -IN -FACT [ ] TRUSTEE(S) [ ] GUARDIAN /CONSERVATOR TITLE(S) [ IOTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the date requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE =ESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT /O —Z SIGNER(S) OTHER THAN NAMED ABOVE MARINERS {® ESCROW CORPORATION The City of Newport Beach Attn: Peggy Ducey City Managers Office RE: 3531 Newport Blvd., ® Short Street, Newport Beach, CA 92660 190 Newport Center Drive, Suite 250 Newport Beach, California 92660 Post Office Box 8808 Newport Beach, California 92658 Phone 0141 640 -6040 Fax (7141 721 -8157 Date : February 19, 1997 Escrow No. : 12750 -DM We are pleased to inform you that the above referenced escrow was closed on February 18, 1987 and we enclose the following for your records: Our Check in the amount of $348.37 representing your refund. Final HUD I and Closing Statement. Any recorded documents which you are entitled to will be forwarded to you directly from the County Recorder's office. It has been a pleasure handling your escrow. We look forward to servicing your future real estate transactions. t514 MARINERS { ®} ESCROW CORPORATION Escrow No. 12750 -DM Reference: 3531 Newport Blvd., @ Short Street Newport Beach, CA 92660 Bu er CLOSING SATEMENT BUYER: The City of Newport Beach Consideration: Total Consideration Deposits: Deposit Deposit Prorations: County Taxes at $ 1771.82 per 6 months From 02/18/97 to 07/01/97 Disbursements Paid: Refund of Deposit Pd to: James E. Thompson Title Charges: Record Grant Deed Escrow Fees: Escrow Fees 190 Newport Center Drive, Suite 250 Newport Beech, California 92660 Post Office Bos 8808 Newport Beach, California 92658 Phone (714) 640 -6040 Pea (7141 721 -8157 Closing Date: February 18, 1987 Page 1 - - DEBITS - - - - CREDITS - - 300,000.00 1.309.18 1,000.00 16.00 625.00 1,000.00 302,298.55 Check Herewith $ 348.37 Totals $ 303,298.55 $ 303,298.55 SAVE FOR INCOME TAX PURPOSES 01/22/97 13:03 i MARINERS ESCROW CORPORATION ESCROW NUMBER 12750 -DM . ■ *IMPORTANT NOTICE' • • To avoid any delays at close of escrow, please be advised of the following: 1, CLOSING FUNDS: )escrow will contract Buyer regarding the balance of funds needed, representing balance of down payment and closing costs. Buyer may deposit these funds in the form of a CASHIER'S CHECK or WIRE TRANSFER. WIRE TRANSFER INSTRUC'T'IONS: California State Bank, Ca. Account No. 016302538 Newport Beach Branch Fed Routing No. 122237683 Account of Mariners Escrow Corporation REF: Escrow No. 12750 -DM CASHIER'S CHECK: Payable to Mariners Escrow Corporation. N0. 998 903 190 Newport Center Drive, Suitt 150 Newport Bach, California 91660 Nos, omce a,,. axns Newport Beach, California 92651 Phonc (714) 640.604n Pax !7141 721 -1157 DATE: January 22, 1997 All other forms of funds such as drafts, escrow checks, money orders, association checks, bank/teller checks, money market checks and non -local checks must be deposited in escrow in time to clear the account on which they are drawn, which may take up to 7 -10 working days from date of deposit, 2. NOTARY: If there are any documents requiring a Notary Public acknowledgement/jurat at any time during this escrow, parties will be required to have VALID IDENTIFICATION. Acceptable identification is limited to it driver's license, military I.D., passport or State I.D, with photo. Nanw on I.D. must match name as shown on the document(s) to be notarized. 3. NON - ENGLISH SPEAKING BUYER: Any Buyer who is unable to read, write and speak the English language will be required to have a translator accompany him /her when signing loan documents at escrow. The translator must be of legal age and have the same form of identification as used by a Notary Public for identification, RECEIPT OF A COPY OF THIS NOTICE IS HEREBY ACKNOWLEDGED BY THE UNDERSIGNED, Q2/13/97 08:36 's MARINERS ESCROW CORPORATION Escrow No. 12750 -DM Reference: 3531 Newport Blvd., @ short Street Newport Beach, CA 92660 BUYER: The City of Newport Beach Consideration: Total Consideration Deposits: Deposit Prorations: County Taxes at $ 1771.82 per 6 months From 02/14/97 to 07/01/97 Disbursements Paid: Refund of Deposit Pd to: James E. Thompson Title Charges: Record Grant Deed Escrow Fees: Escrow Fees Funds Held: Refundable Padding NO. 184 902 I90 Newport Cenier 1HIve, Buli6 250 Nawoort Rawk, Cslifimia 92660 Pool orrice Bo* 8808 NcWOOrt Bo"h, Cditnmia 92658 Phom (7141 640 -6040 Fax (7141 721.8157 Satimated Close Date: February 14, 1997 Report Print Dates February 13, 1997 Page 1 Bu er ESTIMATED CLOSING STATEMENT - - Dssxxs - - 300,000.00 1,348.55 1,000.00 25.00 625.00 C,• 11 Balance Due Escrow Totals $ 303,298.55 $ NOTICE: This estimated closing statement is subject to changes, corrections or additions at the time of final computation of closing escrow statement. - - CREDITS - - 1,000.00 302,298.55 303,298.55 TO Q Accounts Kygle General Services Administrative Services Human Resources Q Arts Mayor 0 Building [= M.I.S. City Attorney Q Planning �Q City Clerk Police City Manager M Public Works/Engineering City Manager (Assistant) Q Public Works/Utilities Q Communit Services Q Revenue [� Fire & a' e FROM-i ACTION [] AS REQUESTED REVIEW []INFORMATION [3COMMENT FFILE QSIGNATURE ORETURN Fidelity National Title Company 17592 East 17th Street, Suite 200 • Tustin, CA 92680 (714) 838 -0300 • FAX (714) 669 -0374 February 4, 1997 City of Newport Beach, Public Works Attn: Gail Pickart Order No.: 9602718 3300 Newport Blvd. Newport Beach, CA Reference: 3531 Newport Blvd. We have enclosed 1 copies of the Preliminary Report for our Order Number 9602718. Please call us immediately if you have any questions or concerns. Sincerely, Countersigned Fidelity National Title Company R O�nnln( PEGCaY I 2 -4 -q7 0 Fidelity National Title Company PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception belo w or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. if it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The Policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, an Arizona Corporation. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important u condition of title land. It note that this preliminary report is not a written representation as to the and may not list all liens, defects and encumbrances affecting title to the Countersigned Fidelity National 7111e Company � �PPOq�1p By € SEAL ' ATTEST 9acramry 0 Fidelity National Title Company 17592 East 17th Street, Suite 200 • Tustin, CA 92680 (714) 838 -0300 • FAX (714) 669 -0374 PRELIMINARY REPORT ESCROW OFFICER: Brain ORDER NO.: 9602718-B TITLE OFFICER: Glenn Awerkamp Amendment TO: Mariners Escrow 190 Newport Center Drive, Suite 190 Newport Beach, CA ATTN: Brian YOUR REFERENCE.: 12750 -DM SHORT TERM RATE: No PROPERTY ADDRESS: 3531 Newport Boulevard, Newport Beach, California EFFECTIVE DATE: December 30,1996,07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: American Land Title Association Loan Policy (10- 17 -92) with A.L.T.A. Form 1 Coverage American Land Title Association Residential Title Insurance Policy (6 -1 -87) 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: VIRGINIA A. IRGANG AND FRANK IRGANG, HUSBAND AND WIFE AS JOINT TENANTS, AS TO AN UNDIVIDED 1/3 INTEREST; RAYMOND V. DANIGER AND LA RUE H. DANIGER, HUSBAND AND WIFE AS JOINT TENANTS, AS TO AN UNDIVIDED 1/3 INTEREST; AND BARBARA E. SCHINNERER, AS TO AN UNDIVIDED 1/3 INTEREST 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED, CITY OF NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF LC \DL 06/17/96 Order No. 9602718 EXHIBIT "ONE" That portion of the Northeast quarter of the Southwest quarter of fractional Section 28, Township 6 South, Range 10 West, S.B.M. according to an Official Plat filed in the District Land Office, August 4, 1890, also being in the City of Newport Beach, County of Orange, State of California, described as follows: PARCEL 1: Beginning at a point in that certain curve having a radius of 2914.83 feet in the Westerly line of the 100.00 foot strip of land described in the deed, to the Southern Pacific Railroad Company, recorded October 14, 1921, in Book 405, Page 250 of Deeds, records of Orange County, State of California, said point being the Northwesterly corner of the parcel of land described in that certain deed recorded July 30, 1941, in Book 1099, Page 583 of Official Records as shown on map recorded in Book 97, Page 17 of Records of Survey of said County; thence Northerly along said curve concave Easterly through a central angle of 3 113'10 ", an arc distance of 163.78 feet, to the TRUE POINT OF BEGINNING; thence Easterly on a non - radial line South 77 °52'17" East 64.83 feet to a point in that certain curve having a radius of 2415.05 feet in the Westerly line of the land described in Parcel 1 of deed recorded November 20, 1935, in Book 792, Page 25 of said Official Records; thence Northerly along said curve concave Westerly through a central angle of 4 004'21 ", an arc distance of 171.66 feet to a point in the Southerly line of that certain strip of land 15.00 feet wide as described in the deed recorded January 19, 1944, in Book 1235, Page 115 of said Official Records; thence North 7301 1'47" West, 38.45 feet, to a point on said Westerly line of the 100.00foot strip of land; thence Southerly along said Westerly line through a central angle of 3 125'02 ", an arc distance of 173.85 feet to the TRUE POINT OF BEGINNING. Said land is also known as Parcel 1, as shown on Exhibit "B" of that certain "Lot Line Adjustment N.B.L.L.A. 80 -1" recorded April 10, 1981, in Book 14016, Page 73 of Official Records of Orange County, California. Assessors Parcel No: 423 - 101 -21 Order No. 9602718 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1996 -1997, Assessor's Parcel Number 423 - 101 -21. Code Area Number: 423 - 101 -21 1st Installment: $1,771.82 PAID 2nd Installment: $1,771.82 OPEN Land: $350,000.00 Improvements: $0.00 Exemption: $ Personal Property: $ 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. 3. The fact that said land is shown on a map filed in Book 97, Page 17, Record of Surveys. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: City of Newport Beach Purpose: Street Recorded: July 13, 1981, Instrument /File No. 16717, Book 14138, Page 666, of Official Records Affects: An Easterly portion of said land as described therein and shown on a map attached thereto Any easements not disclosed by those public records which impart constructive notice as to matters affecting title to real property and which are not visible and apparent from an inspection of the surface of said land. Water rights, claims or title to water, whether or not disclosed by the public records. 7. Any rights of the parties in possession of a portion of, or all of, said land, which rights are not disclosed by the public record. This Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and /or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and /or make additional requirements after reviewing said documents. 8. In order to complete this report, this Company requires a Statement of Information to be completed by the following party, Party: OWNERS /BUYERS The Company reserves the right to add additional items or make further requirements after review of the requested Statement(s) of Information. 3 Order No. 9602718 9. Your application for title insurance was placed by reference to a street address only. Based on our records, we believe that the description in this report covers the parcel that you requested. To prevent errors and to be certain that the proper parcel of land will appear on the documents and on the policy of title insurance, we require written approval of the legal description in this report be sent to this Company, signed by the parties to the transaction. END OF ITEMS Note 1. IMPERIAL BANK 9777 WILSHIRE BLVD., 4TH FLR. BEVERLY HILLS, CA 90212 ABA #: 122201444 ACCOUNT #: 31- 005 -043 FIDELITY NATIONAL TITLE COMPANY - TRUST Order Numbers must be referenced on all wiring. Note 2. There are NO conveyances affecting said land, recorded within six (6) months of the date of the report. Note 3. The charge for a policy of title insurance, when issued through this title order, will be based on the Basic (not Short -Term) Title Insurance Rate. Note 4. A property inspection will be made prior to recording the trust deed to be insured. If such inspection discloses any evidence of commencement of a work of improvement, the coverage for mechanics' lien insurance will be deleted from the policy, unless all the necessary documents for indemnification have been submitted to the Company and such indemnification has been formally approved by the Company, prior to recording the trust deed. Note 5. There is located on said land a commercial property known as 3531 Newport Boulevard, Newport Beach, California. Note 6. Matters which may be disclosed by an inspection and /or by a correct ALTA /ACSM Land Title Survey of said land that is satisfactory to this Company, and /or by inquiry of the parties in possession thereof. Note 7. An inspection of said land has been ordered; upon its completion the Company reserves the right to except additional items and /or make additional requirements. Note 8. "Section 12413.1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and /or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. 0 Order No. 9602718 Note 9. The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be $360.00. Note 10. California Revenue and Taxation Code 18668, effective January 1, 1991, requires that the buyer in all sales of California Real Estate, wherein the Seller shows an out of State Address, withhold 3 -1l3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6 -1 -87) EXCLUSIONS In adidden m the E.dueens, you tea not insured aganst hose, ova., attnrnay. feet, and the m,newes welding from: 1. Any rights. maintains. re drama us parties in pw.essom of the land not shown by the pubic incase. • land «. • improve.... on the land • land dieaon • mama protection This exclusion does rout apply to vide ions or the enforcement of those matters which gmea in the public words a policy date. The eof.m.. do« rot limit the zoning c.,nv,. describe in bona 12 end 13 d co sod rile Risks. 2. Tla fight to take the land by condemrang h, unless: nohow of norms, the right appear. in the pudic recoils on the Pdicy Dee • the taking hap «ned prim to the policy Data and is bindimg on you if you bought the land without knowledge of the taking 3.Ti11. Risks: -that se traded, slowed. m agreed ro by you -that we known to you, but nor to us, on the policy Ddf.unlew they sonered in the pudic moors. -that result in he loss m you -the fire affect your title eta the Policy Dee - this does; not rhmil the labor wel material lien wvrage in hem a of Wmr eat Title Risks d. False to pay vane for your title. S. Lock of a right : b any land uursid. tlo ales me sitaly detmibnd ere wlerred to in item 3 of Schedule A ta anti«a, slays, a waterways the toueh your land. TNa exclusion does rot limit the as-pas connote in hem 5 of Covered This Risks. SCHEDULE EXCEPTIONS In addition to the Exclusions, you are not 1«vmd age. 10«, costs, smorneyfi fees, and the exPore« rsuhiag from: 1. Any rights, whereas, of dams of parties in possession of the land rot shown by the W Nic .-cads. 2. Any asserted. or Jr.. rout shown by the pudic nacerds. TNa does hurl limit the lien ors.,. in Item 8 d Conned Title Make. 3.Any facts a xet the land which a correct survey wand disco« aM wN.h am rout shown by the pudic acme.. This does ref limit the forced removal covnaga in item 12 of Conrad Tile Make. ..Any were rights a dams or title to war in or uhdr the lad, whahor m hit shown by the public racards. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE This f Wowing mart.. ae name, excluded from the co nx,e of this policy end the Compsny will an Day I«s or damage, cods, dtahwy s fees of expenses which area by reran of: 1. WAnylew. ordinance or gmiamnemal regulation(inddudirg but rat timhed to bddng and zoriag laves, ordination, m ragdationsl wandering, proNfidhg or reeding to fit the 000mas:y, u«, or enjoyment of the Ind; lid the chsader, dimensions a location of any improvement now a hereafter erected an the IoM; W a .epaation in ownership a a shape in the dimensions a area of the IoM or any pace of which the land is or was a pat: or livl environmental Wetection, or the effect of any vidadon of than laws, enforcement thereof or a awke of a defect, lien or woum avers resulbg from a violation of alaged violation sheeting the land has been recorded in the pudic retards d Date of policy. Ibl Any governmental police Dower not excluded by Is above, except to be extent the a notice of the «adss Rated or a entice of a date r, Man or woumbre. rewldrg from a videdon . staged violation effecting the land has been recorded in the public words as Dee of Policy. 2. Rights of emimem demon unless notice of the anal.- three has been recorded in the public records at Data of Pdicy, but rot noted, from coverage a, fee,, which hr occuned prig to Dee of policy which wood be finding on the nights of a purchase, for veue without knowledge. 3. Defects, Mere, emumbn., edvase dams, or attar meters. (al retied, cuff sed, -aoudad or greed to by the insured dement: W red known to the Ccmpany, not recorded in the W fib record. s Data of Pdicy, but known to the roved damem and m1 disposed in wring to the ( mpany by the instead damage prior to the des the insured gamed bassi- an insured under this policy; (c) resuMag in no loss or damage to tad indeed damem; (d sheaNhg or created subsequsnd to Date W Pont, or Rd revltirg in low of damage which would not hwa bean amem ed if the insured dement had pad value for the wade m interest instead by this policy. a. Uhaeorwability d the lien of the instead mortgage b«euw of the inability or (Awe of the ineaM e Dee of policy, or the inability a false of any sub.eauem owns of the indehtMraes, to comply with the eDpficade d.1, budnra Ines of the man in which the IoM is eluded. 5. Invsidsy or uneMmceslety of the Gen of the instead mortgage, or dam libeled, whcb mass ah of tlo treaection evidenoW by the inei mortgage and I. based upon usury or any consumer credit protection or truth in lending low. B. Any dam, which arises art of the vaha ution vtrading in the insured the fears m intend instead by this pWCy or the ue s eeion anima, tad badene t of fine sheared lade,, by meson of tad operation of ledma bankruptcy, area insdvenoy, m amille creditors' fights laws. SCHEDULE B EXCEPTIONS FROM COVERAGE Tin policy does rot insure aganst loss a damage land the Company WH not pay cork, attorney'. fees or sxpens «I which ai.. by r..on d: PART 1 1. Taxes or assessments which we rot shown «axis ing liens by the rmnds of any taxing authority that 3. Eassawn, liens or emvmba..w, a dam. thereof, wheh ate rot down by the public records. levies tea.. m rwement. on real property or by the pudic records. proceedings by a W Ni. perm, a. Dwaspand «, conflicts in houndary fines, stell in area, ahaoanhment.. of any other facts which which may result in tax-. or «se «mends, a notion of such proaeatlinge, whther or hot shown by a correct survey would di.clow, aM which are tent shown by the public records. the records of such agenoy or by the pubic records. 5. W Unnamed! mining dams; fbl whavromme or exceptions, in patents or in Acts authorizing the 2. Any facts, rights, interests of dame which we not shown by the W Nic records but which could ba rho thereof; Icl wine rights, dams a title to water, whether or hot the matters excepted under sat Maned by an inspection of tad land or which may be marred by whore in possession thereof. h(a). Rd, of (c) are .hown by the public retard.. EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10- 17 -92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (1017 -92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters we expos ly exdudW from the towage at this policy and the Company wig not Pay lose or damage, torts, money'. fees a expsreea which ashes by lesson of: 1. la) Any law, ordinance or garernrnemd regulation (including W[ not GmitW to Wilding and zainp lax, ardinencm, or re,draime) mmidino, pranlhitim, or rusiag to lit the oewpency, use, or enjoyment of the land; (.4 Ina character, dimensions or location of a, urp o ,...M new or heredtor erected oa the IeM; liiil a separation in ownership or a charge in the dimensions or was of the IaM or any patent of which the land is or was a pert; or fiv) save . non eout Protection, or the effect of any violation of that. laws, resonances or gavernmemal regulations, except to the extent that a notice of the enforcement Lannert or a notice of a defeat, lien or meamnlas. realtiag hom . violation or alleged vidamto s ootieg the lad hat been recorded in the public retards As Da. a Policy. (b) Any go,ame and police power not axduds l by (a) above, exrep to the edam that a notice a the re thereof or a lattice of a defect, lien or encumbrance resulting hom a violation, or staged ,idea.. aHerea, the IeM has barer recorded in the Mirka retards rt Dee of Policy. 2. @ghds of emimm demon unless action a the exercise thereof has bean newrded in the pudic records at Dart of Policy, but rot excluding from coverage any taking which has ocaaW prior to Date of Poll., which would bas heading on the rights of a purchaser fa value without knowledge. 3. Defects, liens, emrmba oat, Wvaw almost, or other maters: (.l aesW, aHreW, ewumW a preW to by the imurW dement; IN rot known to the Company. let rmardW in the public records a Date of Policy, but knew. to thareurW dam at ad rot disdoeW in writing to the Canpany by the imurW claimant prior to the aide the iruurW dement became an imurW under this poky; k) resetting in no Ines or damage to the imurW clmmam; Intl steeling or aeaW abaenuent to Dole of Policy, of let raWtirg in lace or damage which wood not have been astdred if the imurW damgt hal paid value for the estate or imemea irmaea by INS policy. 4. Unentortoebility of the lien of the unreal mortgage becerse of the inability or failure of the mayor, a Dole of Policy, or the imoikty or failure of any wbwauent owner of the irdebtedre aa, to comply with eppliceaa doing bush. laws el IN state in which the IeM is dtuatW. b. Inval a uneeforceaNRtp of the lien of the insured mortgage, as claim (hereof, which maser out of me hasaction evidenced by the norm mortgage, and is bated upon uary w any consumer nude Protection or trwh in Wading law. (L Airy aleatory ten for .aricee, letters, or he"ide (a the daim of inferior at any suramr, Y lien fa services. label or materials ore the lien of the treurW mortgage) taking from m imaove rms or work rdaed to the lend which W rolwadW la end commenced abaeque. to Dane of Policy And is cot fine eve) in whole or in part by Proceeds of the indebtWreat seared by the unwed magege what At Des of Peppy the insured has advanced or is obligeW to Advance. 7. Any dal. which aromas out of the tra somfon crash, the imramt of the magagre moose by that pokey, by reason of the operation a f Waal bankruptcy, sae is,wdverey, or similar creditwc' rights laws, that lie bared on: III the I asp c e n creating the iefereat d the imurml mortgagee being aeemW a fraaulant conveyance or hadulant traefor; or Iii) the wbardnation of the interest of the immmW matgegee as s nasal[ of the apgicWOn of the doctrine a egultabls, subordination; or Roil the transaction seeing the infsatl of the insured matgegat bang desmW a preforatial tremfer except where the pMereMd trelMer r.sells hom the failure: Id to timely retard the ire .. of verefs; or (b) of such recordation to impart notice to a pwchra for value or a Ndge.at At lien updrtur. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (1017 -92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (1017 -92) SCHEDULE OF EXCLUSIONS FROM COVERAGE The IMow, ramp. ere mrpe.sly exdua W from tho towage at thin policy end the Company evil not pay Wn or damage, cons, mona.Y. lees or mprome which Wse by lemon of: 1. 1d Any low, aGname or governmental regulation (moral but cot kmi to holism, and moo, laws, admrass, or regulations) resonating, Prohibiting or (elan, m g) the ecapanov. am. or enjoyment At too least; (oi) the character, dimemiom or location a any improvement new or hr aafter aeclW on the IeM; Gil a .e metier in ...Np or A charge in the dimendae or see of the land or my p>cd of which the lard is or sow s part; or fiat environmental Prataction, or the elect of any vid000n d thee. laws, sdnencm . governmental regulations, except to the edam that a ration of the entacomarc thereof re a notice of a defect. lions encrumbronvar resulting from a violation or Argue violation affecting the LAM has been recorsW in the pudic treated. a Date at Policy. Ibl AnY governmental police power net exduaW by (a) above, except to the maent that a notice of the vidat thereof or . notice of a defect, fen or mrmbrema needling form . vided.. a dl,W eo.. aledino the lens has been macedW in the pudic retard. s Data o1 polar. 2. Rights of eminent domain unlom armor of the exeroire thereof has been recordW in the mitho record. of Done of Policy, but not excluding from covorage any taking which has acartW prior to Data of Policy which would be binding on the rights of a eurchwer for value withow knowledge. 3. Defeat., gem, encumbaaes. Wvpr.e do... a other metes: I.) Posted. aflaad, atamW or agreed to by the ReaW dolma.; IN not known to the C repay, not remrdW in the public racrede at Dee of Policy, but known to Iho mural clement end net disclosed in writing to Iho (Dampen by the imurW dement Prior to the date the incved do." becarae en hasurW under IN. policy; (c) ratJ6n, in no base or damage to the irmnW daimmt; (d) stacking or podW subsequent to Dae of Pricy, or (e) .edging in lam or damage which vratld rat have been adaima l the imwW rdaimsa has paid value for the ®tae or imurW by this policy. 4. Any claim wNah Giese out of the samaction vatting In the banned the estate or invea imurW by INS poky, by reason of the mutation of Ireland bankruptcy, arse insolvency, or similar aedtas' right. hews. the W bwW en: lit the transaction resoling the eatso or imam[ hsorW by IN. pefcy berg do mel a f erldulem nveyarae or hadulent namfs; or (6) the tore rection peaking the attole or interest i.W by INe policy berg damW s preferential c ands except where the p efaentid transfer matte fr.. goo failure: (a) to limply record the instrument a transfer; or (b) d such recordation to import notice to a purchases fat value w a Judgement or lien a allor. The above ALTA policy Iamo may be i,a W to Afford eRba Standard Cowage or Extendet Coverage. In addition to the .bore Exdea ne from Covarag., the Exeepliom from Coverage in a Sanded Cavaaga pots, will dm include Iho faeowiag Gored Eaceptiam: SCHEDULE B EXCEPTIONS FROM COVERAGE TN. policy dons cot ins.. egaimg loss a damage (eM the Company will rot pay cogs, attorney'. hem or a."..) which raise by mesa ol: PART 1 I. T... a marr.meme which ore nog shown w exisirlg lien. by Iho lmorde oI any I.deg atbaity the, 1 Ememala, Gem or mr umbmnvas, as dome thereof, wNch ore nor shown by Iho public record.. levies loves Is esem names on red popsy a by the public records. Proceedings by a public Agency 4. Diarsomma.. conflicts in boundary lines, shortage in area enooachomme, w any other facts which which may result In tacos or wersamoms, or nature of such poceWlrgs, whemer or not shown by a correct survey would diWOSe, and which are not shown by the pudic records. the aced, of such agency a by Iho public rocorde. b. 1d UnpaenlW minlag dm..; Ib) reservations or exceptions in parents ov n Acre outboridng too 2. Any late, right., lateen, a dome which rae net shown by loo public records but which could be Laamr Cheep lit wdor right., dame ce this 1. were erhomea .rah 'ho in ...paw ends mmelah e l by an;maocion of Ina IeM m which may bas sowed by persons in po ne,don Iharoof, 1.), (bl, . lc) ara shown by the topic r.do. "Preliminary Report Top Sheet" Help us stay on top of your transaction! WILL ANY OF THESE SITUATIONS AFFECT YOUR TRANSACTION? * Are your principals exchanging this property? _Yes No * Will your principals be using a power of attorney? _Yes No * Are any of the parties in title deceased? Yes No * Has there been a change in marital status? _Yes No * Will there be a new entity formed? ie., partnership or corporation. _Yes No * Are the sellers of this property non - residents of California? _Yes _No If you answered "YES" to any of these questions, please call your Escrow Officer. * Do all parties signing document have valid photo I.D. or drivers license? _Yes No If "No ", now is the time to apply for a valid I.D. This is a "Quick List ", call your Escrow Officer if you have additional information that you think may be important, or if you have any questions. Thank you for choosing Fidelity National Title Company �*, MARINERS 90 Newport Beach, Drive, Suite 250 Newport Beaach, California 92660 {� Post Office Box 8808 ESCROW CORPORATION Newport Beach, California 92658 Phone (714) 640 -6040 Fax (714) 721 -8157 SALE ESCROW INSTRUCTIONS TO: Mariners Escrow Corporation Date: June 3, 1996 Escrow Officer: Dana McNeill Escrow Number: 12750 -DM James E. Thompson or Assignee, (hereinafter known as Buyer) agree to purchase from Barbara E. Schinnerer and Virginia A. Ingang and Ray H. Danger, (hereinafter known as Seller) the vacant land setforth herein per the terms, conditions, consideration and instructions hereinafter stated. Terms of Transaction I have handed Agent who will deposit into Escrow the sum of $ 1,000.00 I will Deposit, prior to close of escrow, the sum of $ 299,000.00 To Complete the Total Consideration of 11 111 11 Buyer will hand Escrow Holder an initial deposit of $1,000.00 and, prior to the close of escrow, will deposit the balance of the cash down payment and any additional funds and instruments necessary to enable Escrow Holder to comply with these instructions, all of which Escrow Holder is instructed to use provided that on or before September 3, 1996, the closing date of escrow, Escrow Holder holds a(n) CLTA OWNERS Policy of Title Insurance with the usual title company's exceptions, with a liability of not less than $300,000.00, covering property in the County of Orange, State of California, described as follows: LEGAL DESCRIPTION TO BE PROVIDED BY FIDELITY NATIONAL TITLE COMPANY, AND APPROVED BY SELLER AND BUYER HEREIN. COMMONLY KNOWN AS: 3531 Newport Blvd., @ Short Street, Newport Beach, CA 92660 SHOWING TITLE VESTED IN: James E. Thompson or Assignee SUBJECT TO: (1) General and Special County and City (if any) Taxes for the current fiscal year, not due or delinquent, including any special levies, payments for which are included therein and collected therewith. (2) Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. (3) Covenants, Conditions and Restrictions, reservations easements for public utilities, districts, water companies, alleys and streets, rights and rights of way of record, if any; also exceptions of oil, gas, minerals and hydrocarbons, and /or lease, if any, without the right of surface entry. INTEREST BEARING ACCOUNT: Escrow Holder is authorized and instructed to place Buyer's deposit of $1,000.00 into a regular savings account in the name of Mariners Escrow Corporation, as Trustee for James E. Thompson, with First Interstate Bank. The interest accrued on said savings account is to accrue to the benefit of the Buyer at the close of escrow. In the event of conflicting instructions in the escrow you as Escrow Holder are instructed to withdraw these funds and deposit them to your trust account. The undersigned Buyer and Seller acknowledge that they have been advised by the Escrow Holder that funds can be withdrawn at any time, however, under Federal Regulations there may be a penalty for early withdrawal and may result in a loss. First Interstate Bank will release these funds only to Mariners Escrow Corporation, the Escrow Holder that deposited same. You as Escrow Holder are prohibited from withdrawing funds from the interest bearing account except for re- deposit into the "Trust" or "Escrow" account. This account will not be opened until said deposit has cleared the Escrow Trust Account. Buyer must supply Escrow Holder with either their Social Security Number to be used on the account, or, if in the event Buyer is a company /corporation, Escrow Holder must be provided with the Tax I.D. Number. DELIVER SIGNED ESCROW INSTRUCTIONS: Escrow Instructions shall be signed by Buyer and Seller and delivered to Mariners Escrow Corporation, the designated Escrow Holder, on or before June 8, 1996 (within 7 calendar days from acceptance of the offer). Buyer and Seller hereby jointly instruct Escrow Holder and Broker that Buyer's deposit placed into escrow will be held as a good faith deposit towards the completion of this transaction. Escrow shall close on or before Continued on Page 2 ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowledgment of the foregoing. Seller Initials: _ _ _ _ _ Buyer Initials:/ Page 1 BUYER - SiGN & RETURN Mariners Escrow Corporation Continued from Page 1 September 3, 1996. Date: June 3, 1994 Escrow No.: 12750 -DM ESCROW INSTRUCTIONS/PURCHASE CONTRACT: Buyer and Seller are hereby advised that the escrow instructions may include matters required to close this transaction which are not covered by the Real Estate Purchase Contract dated May 27, 1996. The omission from Escrow Instructions of any provision in the Real Estate Purchase Contract May 27, 19%, shall not constitute a waiver of the provision or the contractual rights or obligations of any party. Any change in terms or provisions of this Agreement requires mutual, written consent of Buyer and Seller. LOAN CONTINGENCY: The financing contingency shall remain in effect until July 30, 1996, (within 60 days from acceptance). TITLE: Title to be free of liens, encumbrances, easements, restrictions, rights and conditions of record or known to Seller . other than the following: (a) current property taxes, (b) covenants, conditions, restrictions, and public utility easements of record, if any, provided the same do not adversely affect the contiued use of the Property for the purposes for which it is presently being used, unless reasonably disapproved by Buyer in writing within ten (10) calendar days from receipt of a current preliminary title report furnished at sellers expense. Seller shall furnish Buyer at sellers expense a CLTA OWNERS title policy issued by Fidelity National Title Company, showing title vested in Buyer subject only to the above. If seller is unwilling or unable to eliminate any title matter disapproved by Buyer as above, Buyer may terminate this transaction. If Seller fails to deliver title as above, Buyer may terminate this transaction; in either case, the deposit shall be returned to Buyer. For further conditions see paragraph entitled BUYER DISAPPROVAL below. PHYSICAL AND GEOLOGICAL INSPECTION: Buyer shall have the right, at buyer's expense, to select licensed contractor(s) and other qualified professional(s), to make "INSPECTIONS" (including tests, surveys, other studies, inspections, and investigations) of the subject Property including but not limited to sewer /septic system, well, soils, percolation, geologic conditions and environmental hazards, such as but not limited to, any past or current generation, storage, release, threatened release, disposal, and presence and location of asbestos, PCB transformers, petroleum products, flammable explosives, underground storage tanks and other hazardous, toxic or contaminated substance or condition, on or about the property. Buyer shall keep the subject Property free and clear of any liens, indemnify and hold Seller harmless from all liability, claims, demands, damages or costs, and repair all damages to the Property arising from the "INSPECTIONS." All claimed defects concerning the conditions of the Property that adversely affect the continued use of the Property for the purposes for which it is presently being used as a City Park shall be in writing, supported by written reports, if any and delivered to Seller by June 15, 1996, FOR "INSPECTIONS" OTHER THAN GEOLOGICAL, and by June 15, 1996, for GEOLOGICAL "INSPECTIONS." Buyer shall furnish Seller copies, at no cost, of all reports concerning the Property obtained by Buyer. See paragraph entitled BUYER DISAPPROVAL for further conditions. UTILITIES AND SERVICES: By June 15, 1996, Buyer shall have the right to determine the availability and costs of utilities and services including but not limited to sewerage, sanitation, water, electricity, gas, telephone, cable TV and drainage. When such inquiries disclose conditions or information which are unsatisfactory to Buyer, Buyer shall give written notice of disapproval to Seller within the time period herein. See paragraph entitled BUYER DISAPPROVAL for further conditions. SELLER REPRESENTATIONS: Seller warrants that Seller has no knowledge of any notice of violations of City, County, State, Federal, Building, Zoning, Fire, Health Codes or ordinances, or other governmental regulation filed or issued against the Property. If Seller receives notice of any such violations pror to close of escrow, Seller shall immediately notify Buyer. Buyer is allowed 14 calendar days after receipt of notification to give Seller written notice of disapproval. ZONING AND LAND USE: By July 1, 1996, Buyer at Buyer's expense shall determine the suitability of the Property for Buyer's intended use. Buyer to make Buyer's own determination of suitability, through inquiries, investigations, studies or any other means, concerning past, present, or proposed factual matters regarding the Property including laws, ordinances, referendums, initiatives and votes. The purchase of this property is further conditioned upon Seller providing toxic cleaning acceptable to the City of Newport Beach. If such matters are unsatisfactory to Buyer, Buyer shall give written notice of disapproval to Seller within the specified herein. See paragraph entitled BUYER DISAPPROVAL for further conditions. Continued on Page 3 ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My inidols below represent my agreement and acknowledgment of the oregoing. Seller Initials: _ _ _ _ _ Buyer Initials: Page 2 BUYER - SIGN & RETU M Is Mariners Escrow Corporation Date: June 3, 1994 Escrow No.: 12750 -DM Continued from Page 2 SURVEY, PLANS AND ENGINEERING DOCUMENTS: By June 15, 19%, Seller shall, at no cost to Buyer, deliver to Buyer copies of surveys, plans, specifications and engineering documents, if any, prepared on Seller's behalf or in Seller's possession. RENTAL AND SERVICE AGREEMENTS: On or before June 15, 1996, Seller shall make available to Buyer for inspection and review all current leases, rental agreements, service contracts and other related agreements, licenses, and permits pertaining to the operation of the Property. Buyer shall be allowed fourteen calendar days from receipt to notify Seller in writing of disapproval. CHANGES DURING ESCROW: Prior to close of escrow, Seller agrees not to (1) rent or lease any part of the premises, (2) alter, modify or extend any existing rental or lease agreement or (3) enter into, alter, modify or extend any service contract(s), without first having obtained Buyer's written approval, which shall not be unreasonably withhold. BUYER DISAPPROVAL: Whenever Buyer gives written notice of disapproval pursuant to paragraph entitled TITLE, PHYSICAL AND GEOLGOCIAL INSPECTION, UTILITIES AND SERVICES, ZONING AND LAND USE, AND HOMEOWNER ASSOCIATION above, Seller shall have fourteen (14) calendar days from receipt of such notice to respond in writing to Buyer's disapproval. If Seller is unwilling or unable to correct the condition(s) disapproved of by Buyer, or is Seller does not respond by the time set forth herein, then Buyer may cancel this Agreement by providing written notice of cancellation to seller within fourteen (14) calendar days from receipt of Seller's response or from expiration of the time set for Seller's response. BUYER'S FAILURE TO GIVE WRITTEN NOTICE OF DISAPPROVAL OR CANCELLATION SHALL CONCLUSIVELY BE DEEMED APPROVAL. INCURRED EXPENSES: Buyer and Seller are aware that Mariners Escrow Corporation may incur certain expenses during the course of processing this escrow which may be paid prior to the close of escrow. Such costs may include, but are not limited to, courier fees, overnight mail service, Homeowner's Association documents /transfer fees and City Building Reports, if applicable. Escrow Holder is authorized and instructed to release funds for payment of such costs, prior to the close of escrow, from funds deposited into escrow by Buyer. In the event Escrow Holder advances funds for certain costs described above, Escrow Holder is authorized to reimburse Escrow Holder's general account upon receipt of these signed escrow instructions from both Buyer and Seller. At close of escrow, Escrow Holder is authorized to charge the appropriate party for costs incurred, and is released form any and all liability in connection with complying with this instruction. THE FOLLOWING PRORATIONS AND /OR ADJUSTMENTS ARE TO BE MADE AS OF: CLOSE OF ESCROW 1. General and Special County and City Taxes based on latest available tax bills. BUYER'S FINAL DEPOSIT: All conditions of this escrow will be deemed to be satisfied or waived by Buyer upon Buyer's deposit into escrow of sufficient funds to close this escrow, and Buyer's deposit of said funds shall be deemed Escrow Holder's unconditional authorization to proceed with closing this escrow. AS MATTERS OF MEMORANDUM ONLY ESCROW HOLDER NEED NOT BE CONCERNED, NOR ASSUME ANY LIABILITY, RESPONSIBILITY OR DUTY FOR THE FOLLOWING ITEMS. BUYER AND SELLER AGREE TO THE FOLLOWING: 1. James E. Thompson is a licensed Real Estate Broker, in the State of California, acting as a principal herein and not participating in any commission. Possession shall be delivered to Buyer on close of escrow. CONDITION OF PROPERTY: Seller warrants, through the date possession is made available to Buyer, that Property and improvements, if any, shall be maintained in the same condition as upon the date of acceptance. LIQUIDATED DAMAGES: Buyer and Seller agree that if Buyer fails to complete this purchase by reason of any default of Buyer: (1) Seller shall be released from obligation to sell the Property to Buyer; (2) Seller shall retain, as liquidated damages for breach of contract, the deposit actually paid (Buyer and Seller shall execute CAR FORM RID -11, RECEIPT FOR INCREASED DEPOSIT /LIQUIDATED DAMAGES, or a similar liquidated damages provision, for any increased deposits). However, the amount retained shall be no more than 3% of the purchase price if Property is a dwelling with no more than four units, one of which Buyer intends to occupy as Buyer's residence. Any excess shall be promptly returned to Buyer; (3) Seller retains the right to proceed against Buyer for specific performance or any other claim or remedy Seller may have in law or equity, other than breach of contract damages. (Funds deposited in trust accounts or in escrow are not released automatically in the event of a dispute. Release of funds requires written agreement of the parties, judicial decision, or arbitration.) Continued on Page 4 ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowledgment of oregoing. als: Seller Initials: _ _ _ _ _ Buyer Initi Page 13UYER - GiG14 & ��P���i9'J Mariners Escrow Corporation Continued from Page 3 Date: June 3, 1994 Escrow No.: 12750 -DM ARBITRATION OF DISPUTES: Any dispute or claim in law or equity arising out of this contract or any resulting transaction shall be decided by neutral binding arbitration in accordance with the rules of the American Arbitration Association, and not by court action except as provided by California law for judicial review of arbitration proceedings. Judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties s hall have the right to discovery in accordance with Code of Civil Procedure 1283.05. The following matters are excluded from arbitration hereunder: (a) a judicial or non - judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or real property sales contract, as defined in Civil Code 2985, (b) an unlawful detainer action, (c) the filing or enforcement of a mechanic's lien, (d) any matter which is within the jurisdiction of a probate or small claims court, or (e) an action for bodily injury or wrongful death, or for latent or patent defects to which Code of Civil Procedure 337.1 or 337.15 applies. The filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the right to arbitrate under this provision. Any dispute or claim by or against broker(s) and /or associate licensee(s) participating in this transaction shall be submitted to arbitration consistent with the provision above only if the broker(s) and /or associate licensee(s) making the claim or against whom the claim is made shall have agreed to submit it to arbitration consistent with this provision. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION. SUPPLEMENTAL TAXES: Buyer is aware that the property will be reassessed upon change of ownership and that a supplemental tax bill will be received which may reflect an increase or decrease in property taxes based on property value. Tax bills received after close of escrow will be handled directly between Buyer and Seller. MARINERS ESCROW CORPORATION, IS LICENSED BY THE STATE OF CALIFORNIA DEPARTMENT OF CORPORATIONS. EACH PARTY SIGNING THESE INSTRUCTIONS HAS READ THE ADDITIONAL ESCROW CONDITIONS, GENERAL PROVISIONS AND INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF AND APPROVES, ACCEPTS AND AGREES TO BE BOUND THEREBY AS THROUGH SAID CONDITIONS, PROVISIONS AND INSTRUCTIONS APPEARED OVER THEIR SIGNATURES. The foregoing terms, provisions, conditions and instructions are hereby approved and accepted in their entirety and concurred in by me. The undersigned hereby agrees to pay on demand, charges for drawing, recording and notarizing documents, charges of title company, if any, charges of lender institution, if any, and the Buyer's and /or Borrower's customary escrow fees, necessary to complete this escrow. I HAVE RECEIVED A COPY OF THESE INSTRUCTIONS. Buyer's Signatures: James E. Thompson The City of Newport Beach M Continued on Page 5 ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowledgment of the foregoing. Seller Initials: _ _ _ _ _ Buyer Initials: Page BUYER' SIGN & RETURN Mariners Escrow Corporation Continued from Page 4 By: Kevin Murphy, City Manager Date: June 3, 1994 Escrow No.: 12750 -DM The foregoing terms, provisions, conditions and instructions are hereby approved and accepted in their entirety and concurred in by me. I will hand you necessary documents called for on my part to cause title to be shown as set out herein, which you are authorized to deliver when you hold or have caused to be applied to funds set forth herein within the time as herein provided. You are authorized to pay on my behalf, my recording fees, charges for evidence of title as called for whether or not this escrow is consummated, except those the buyer agreed to pay. You are hereby authorized to pay bonds, assessments, taxes, and any liens of record, including prepayment penalties, if any, to show title as called for. Seller's Signature: Barbara E. Schinnerer Ray H. Danger Virginia A. Ingang - END OF INSTRUCTIONS - - Page 5 BUYER - S1G" 'tl & RETr Q —i j GENERAL INSTRUCTIONS AND ADDITIONAL ESCROW CONDITIONS 1. DUTY AS ESCROW HOLDER /EXCULPATORY PROVISIONS: 1.1 The parties hereby acknowledge that Mariners Escrow Corporation has the responsibilities of an Escrow Holder only and there are no other legal relationships established in the terms and conditions of the escrow instructions. 1.2 The parties hereby acknowledge that (a) Escrow Holder is not an attorney or tax advisor; and (b) no communications between Escrow Holder and the parties hereto relating to this escrow shall be considered legal or tax advice. Mariners Escrow Corporation recommends that you seek proper legal and tax counsel before signing these instructions. 1.3 Escrow Holder shall have no obligation to inform any party of any other transaction or of facts within Escrow Holder's knowledge, even though the same concerns the property involved herein, provided such matters do not prevent Escrow Holder's compliance with these instructions. 1.4 Escrow Holder shall not be responsible for (a) the sufficiency or correctness as to form or validity of any document deposited with Escrow Holder, (b) the manner of execution of any such deposited documents, unless such executions occur in Escrow Holder's premises and under its supervision, or (c) the identity, authority or rights of any person executing any document deposited with Escrow Holder. 1.5 Escrow Holder's duties hereunder shall be limited to the safekeeping of such money and documents received as Escrow Holder, and for the disposition of the same in accordance with the written instructions accepted by Escrow Holder in this escrow. 1.6 Unless otherwise instructed in writing, Escrow Holder shall not be required to take any action in connection with the collection, maturity or apparent outlaw of any obligation deposited in this escrow. 1.7 Escrow Holder shall not be liable for any of its acts or omissions unless the same shall constitute gross negligence or willful misconduct. 1.8 Escrow Holder's duty to act as Escrow Holder does not commence until these instructions, signed by all parties hereto, are received by Escrow Holder. However, release of Buyer's funds will require mutual signed release instructions from both Buyer and Seller, judicial decision, or arbitration award, pursuant to the 1994 CAR Real Estate Purchase Contract and Receipt for Deposit. 2. FUNDS RECEIVED IN ESCROW: All funds received in this escrow shall be deposited with a State or Federal bank with other escrow funds and disbursements shall be made by an escrow trust account check of Mariners Escrow Corporation. Checks not presented for payment within six months after date are subject to service charges in accordance with your schedule in effect from time to time. All documents and funds due the respective parties herein are to be mailed to the addresses provided to Escrow Holder. Our signatures on any documents and instructions pertaining to the escrow indicate our unconditional approval of same. Whenever provision is made herein for the payment of any sum, the delivery of any instrument or the performance of any act "outside of escrow ", you as Escrow Holder shall have no responsibility therefore, shall not be concerned therewith and are specifically relieved of any obligation relative thereto. 3. REAL ESTATE PURCHASE CONTRACT: These escrow instructions are not intended to amend or supercede offer to purchase on subject property between Buyer and Seller and /or any counter /addenda thereto. These items shall not be the responsibility of Escrow Holder: any such items to remain in full force and effect between Buyer and Seller with which Escrow Holder is to have no concern or responsibility, unless specifically handed to the contrary and in writing and prior to the close of escrow. In the event any Real Estate Purchase Contract and Receipt for Deposit or any other form of Purchase Agreement is deposited in this escrow, it is understood that such document shall be effective only as between the parties signing said document. Mariners Escrow Corporation as Escrow Holder is not to be concerned with the terms of such document and are relieved of all responsibility and /or liability for the enforcement of such terms and your only duty being to comply with the instructions set out in this escrow. 4. TIME IS OF THE ESSENCE: In the event that the conditions of this escrow have not been complied with at the expiration of the time provided for herein, Escrow Holder is instructed, nevertheless, to complete this transaction at any time thereafter as soon as the conditions (except as to time) have been complied with, unless a party or parties hereto have made written demand upon Escrow Holder for the return of money or documents deposited by same. Following receipt of such written demand not to complete the escrow, Escrow Holder is instructed to promptly mail a copy of said demand to the other party. 5. CONFLICTING INSTRUCTIONS: All notices, demands and instructions must be in writing. In the event conflicting demands or notices are made or served upon Escrow Holder, or any controversy arises between the parties hereto or with any third person growing out of or relating to this escrow, Escrow Holder shall have the absolute right to withhold and stop all further proceedings in, and performance of, this escrow, until Escrow Holder receives written notification satisfactory to Escrow Holder of the controversy by agreement of the parties hereto, or by the final judgment of a court competent jurisdiction. All of the parties to this escrow hereby jointly and severally promise and agree to pay promptly on demand, as well as to indemnify Escrow Holder and to hold Escrow Holder harmless from and against all litigation and interpleader costs, damages, judgments, attorney's fees, expenses, obligations and liabilities of every kind which, in good faith, Escrow Holder may incur or suffer in connection with or arising out of this escrow, whether said litigation, interpleader, obligation, liabilities or expenses arise during the performance of this escrow or subsequent thereto, directly or indirectly. Should Escrow Holder, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to the escrow, the rights of any party hereto or any funds, documents or property deposited with Escrow Holder, Escrow Holder may elect to do any or all of the following: 11.1 Withhold performance of Escrow Holder's obligations and stop all further processing of this escrow pending resolution of any conflict by and between the parties hereto; and /or 11.2 File an action in interpleader, pursuant to the section titled "Action in Interpleader". 6. AUTHORIZATION TO FURNISH COPIES AND COMPLY WITH LENDER'S INSTRUCTIONS: Escrow Holder is authorized to furnish copies of these instructions, supplements, amendments, notices of cancellation, closing statements and /or any other documents deposited in this escrow, to the real estate broker(s) representing the parties as evidenced by separate commission instructions, and any lender to whom a party to this escrow had made application for a loan and /or the attomey(s) involved in this transaction. Escrow Holder is to follow the lender(s) instructions, if any. 7. PRORATIONS AND ADJUSTMENTS: Escrow Holder is instructed to make prorations and adjustments on the following basis: (a) on a 30 day month, (b) taxes and assessments on the latest information from the title company, or handed Escrow Holder, (c) fire insurance from premiums shown BUYER SIGN UP RETUR"I in policy(s) handed Escrow Holder and /or as shown on beneficiary's statement, and you may assume that necessary premiums have been paid and policy is in force, (d) interest from information shown in beneficiary statement, and (e) rents from statement handed you by Seller or agent thereof, (f) Homeowner's Association dues from statement deposited into escrow by the Homeowner's Association or their management company. The phrase "close of escrow" (COE) as used in this escrow is the date on which documents are recorded and relates only to prorations and /or adjustments unless otherwise specified. 8. INSURANCE: 9.1 Escrow shall transmit for assignment any insurance policy delivered for use in this escrow, but shall not he responsible for verifying the acceptance of the assignment and policy by the insurance company. Escrow Holder will make no attempt to verify the receipt of the request for assignment by the issuing company. If the insurance company should fail to receive the assignment, the issuing company may deny coverage for any loss suffered by Buyer. It is the obligation of the Buyer or Buyer's representative to verify the acceptance of the assignment of the policy by the issuing company. 9.2 In instances wherein Buyer is purchasing a new policy of insurance, it shall be the Seller's responsibility to cancel the existing insurance policy. 9. EXECUTION OF ESCROW INSTRUCTIONS AND ADDENDA: These instructions may be executed in counterparts, each of which shall be deemed an original regardless of the date of its execution and delivery. All such counterparts shall constitute one and the same document. A party's signature on all instruments and instructions pertaining to this escrow indicates that party's unconditional acceptance and approval of same. No notice, demand or change or instruction shall be effective unless executed and in writing. Any amended, supplemented or additional instruction shall be subject to the foregoing conditions. 10. USURY: Escrow Holder is not to be concerned with any question of usury in any loan or encumbrance involved in the processing of this escrow and Escrow Holder is hereby released of any responsibility or liability therefore. 11. DISBURSEMENT OF FUNDS: Buyer and Seller instruct Escrow Holder to disburse funds from deposit prior to the close of escrow as necessary per demand(s) made by lender(s) for their demand/beneficiary statement; homeowners association for their documentation as demanded, title company just prior to the closing as may be necessary; Federal Express or any other special mailing /delivery as may be deemed necessary and charge appropriate party at the close of escrow. In the event subject escrow does cancel, said fees will not be available to any party, but only remaining funds at said time. 12. SIGNATURE: All parties to this transaction instruct Escrow Holder to accept signatures forwarded herein via Fax Machine (faxed signatures) to close escrow, with the original thereof signed to be forwarded to Escrow Holder directly upon such faxing. WE THE UNDERSIGNED WILL FORWARD THE ORIGINAL SIGNATURES VIA REGULAR MAIL, acknowledging the Corporate Commissioner of the State of California requests original signatures on all files. 13. DISCLOSURES: Escrow Holder is not to be concerned with the giving of any disclosures required by Federal or State law, specifically but not exclusively, RESPA (Real Estate Settlement Procedures Act), Regulation Z (Truth in Lending disclosures) or other warnings, or any warranties, express or implied. Neither is Escrow Holder to be concerned with the effect of zoning ordinances, land division regulations, or building restrictions which may pertain to or affect the land or improvements that are the subject of this escrow. 14. SUBDIVISION MAP ACT: The parties to this escrow have satisfied themselves outside of escrow that the transaction covered by this escrow is not in violation of the Subdivision Map Act or any other law regulating land division, and you as Escrow Holder are relieved of all responsibility and /or liability in connection therewith and are not to be concerned with the enforcement of said laws. 15. DESTRUCTION OF FILE: The parties to these escrow instructions authorize Escrow Holder to destroy these instructions and all other instructions and records in this escrow at any time after five (5) years from the close of escrow. 16. THIS AGREEMENT: This agreement in all its parts applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devises, administrators, executors, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine gender and neuter, and the singular number includes the plural. All parties indemnify Escrow Holder against forgery in the execution of any /all instructions /documents in this transaction. BUYER(S): SELLER(S): James E. Thompson The City of Ne port Beach By: Min Murphy, City Manager Barbara E. Schinnerer Virginia A. Irgang Frank Irgang Raymond H. Daniger La Rue H. Daniger BUYER o SlUN & FE7- r MARINERS { ®} ESCROW CORPORATION ESCROW NUMBER 12750 -DM * * *IMPORTANT NOTICE* * * To avoid any delays at close of escrow, please be advised of the following: 1. CLOSING FUNDS: Escrow will contract Buyer regarding the balance of funds needed, representing balance of down payment and closing costs. Buyer may deposit these funds in the form of a CASHIER'S CHECK or WIRE TRANSFER. WIRE TRANSFER INSTRUCTIONS: Wells Fargo Bank, N.A., San Francisco Ca. Account No. 4159345420 Newport Beach Branch Fed Routing No. 121000248 Account of Mariners Escrow Corporation REF: Escrow No. 12750 -DM CASHIER'S CHECK: Payable to Mariners Escrow Corporation. 190 Newport Center Drive, Suite 250 Newport Beach, California 92660 Post Office Bo* 8808 Newport Beach, California 92658 Phone (714) 640 -6040 Fax (714) 721 -8157 DATE: October 11, 19% All other forms of funds such as drafts, escrow checks, money orders, association checks, bank /teller checks, money market checks and non -local checks must be deposited in escrow in time to clear the account on which they are drawn, which may take up to 7 -10 working days from date of deposit. 2. NOTARY: If there are any documents requiring a Notary Public acknowledgement /jurat at any time during this escrow, parties will be required to have VALID IDENTIFICATION. Acceptable identification is limited to a driver's license, military I.D., passport or State I.D. with photo. Name on I.D. must match name as shown on the document(s) to be notarized. 3. NON - ENGLISH SPEAKING BUYER: Any Buyer who is unable to read, write and speak the English language will be required to have a translator accompany him/her when signing loan documents at escrow. The translator must be of legal age and have the same form of identification as used by a Notary Public for identification. RECENT OF A COPY OF THIS NOTICE IS HEREBY ACKNOWLEDGED BY THE UNDERSIGNED. BUYER(S): James E. Thompson The City of N port Beach By: Kevin Murphy, City Manager SELLER(S): Barbara E. Schinnerer Virginia A. Irgang Frank Irgang Raymond H. Daniger La Rue H. Daniger BUYER o SIGN & RETI : -. MARINERS { ®} ESCROW CORPORATION 190 Newport Center Drive, Suite 250 Newport Beach, California 92660 Post Office Boa 8808 Newport Beach, Califomia 92658 Phone (7141 640 -6040 Fax (714) 721 -8157 CAL- FIRPTA NOTICE AND DISCLOSURE Property: 3531 Newport Blvd., @ Short Street, Newport Beach, CA 92660 Escrow No.: 12750 -DM In accordance with Sections 18805 and 26131 of the Revenue and Taxation Code, a Buyer may be required to withhold an amount equal to 3 1/3% of the sales price, in the case of a disposition of California real property interest by either: 1. A Seller who is an Individual with a last known street address outside of California or when the disbursement instructions authorized the proceeds to be sent to a financial intermediary of the Seller, OR, 2. A Seller is a Corporation, which has no permanent place of business in California. For failure to withhold, the Buyer may become subject to a penalty in an amount equal to the greater of Ten Percent (10%) of the amount required to be withheld or Five Hundred Dollars ($500.00). 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: 1. The Total Consideration of subject property is $100,000.00 or less, 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 Cade.) The undersigned parties acknowledge that the Escrow Holder is required to provide to Buyer(s) written notification of California withholding requirements. This notification instructs Buyer(s) to withhold 3 1/3% of the Total Consideration of the California real property herein, when CAL - FIRPTA is applicable. The Buyer(s) acknowledge that is his responsibility to instruct the Escrow Holder to withhold 3 1/3% of the Total Consideration from the Seller(s) proceeds when CAL - FIRPTA is applicable. The Seller(s) acknowledge that if all of the above conditions are met, the Seller(s) may apply for a Withholding Certificate to waive all or a portion of the withhold requirement. The Seller( &) can apply for the Withholding Certificate at the address provided below. If the Withholding Certificate to waive has been received prior to the close of escrow, the withhold amount will be waived at the close of escrow. FRANCHISE TAX BOARD - WITHHOLDING AT SOURCE UNIT P.O. BOX 651, SACRAMENTO, CA 95812 -0651 (916) 369 -4900 FAX (916) 3694831 If the Withholding Certificate has not been received prior to the close of escrow, the parties shall sign an instruction to escrow to withhold proceeds pending the Seller's receipt of the Certificate. The funds will be held by Escrow Holder for a period of not more than 45 days after the close of escrow. If the Withholding Certificate has not been received within the 45 day time limit, the withhold amount shall be forwarded to the State of California. If the Withholding Certificate is received either prior to the close of escrow or prior to the expiration of the 45 day holding period, the withhold amount shall be disbursed pursuant to the direction of the Withholding Certificate. If the Certificate waives the whole withhold amount, the Seller will receive the complete withhold amount; if the Certificate waives a portion of the withhold, the Seller will receive a portion of the amount and that portion required by the State will be forwarded to the State of California. In any event, if all of the above withhold conditions are met and instructions are received from the Buyer to withhold, this escrow will not close unless the instructions to withhold is signed by both Buyer and Seller or a Withholding Certificate waiving the Withhold has been delivered to the Escrow Holder by the Seller prior to the close of escrow. Barbara E. Schinnerer Virginia A. Irgang Frank Irgang James E. Thompson The City of Newport Beach 92 Kevin Murphy, City Manager BUYER - SIGN & RE`s *- MARINERS f(M) ESCROW CORPORATION Raymond H. Daniger La Rue H. Daniger 190 Newport Center Drive, Suite 250 Newport Beach, California 92660 Post Office Box 8808 Newport Beach, California 92658 Phone (714) 640 -6040 Fax (714) 721 -8157 BUYER as SIGN & RETUR'1s MARINERS f(M) ESCROW CORPORATION 44760 190 Newport Center Drive, Suite 250 Newport Beach, California 92660 Post Office Box 8808 Newport Beach, California 92658 Phone (714) 640-6040 Fax (714) 721 -8157 Date : October 11, 1996 Escrow No.: 12750 -DM NOTICE TO ALL BUYERS AND SELLERS OF REAL ESTATE The Foreign Investment in Real Property Tax Act ( FIRPTA) FOR YOUR INFORMATION..... BUYER'S RESPONSIBILITY TO WITHHOLD - Effective January 1, 1985, Internal Revenue Code 1445 requires all buyers who purchase real property in the United States from foreign sellers to withhold ten percent (10 %) of the purchase price from the sale proceeds and to pay that amount to the Internal Revenue Service (IRS) within ten (10) days of the date the escrow closes unless an exemption from withholding applies. IF THE BUYER FAILS TO WITHHOLD AND PAY TO THE IRS THE CORRECT AMOUNT OF TAX ON A NON - EXEMPT SALE, THE BUYER WILL BE LIABLE TO THE INTERNAL REVENUE SERVICE FOR THE AMOUNT OF THE TAX OWED. WHO IS A FOREIGN SELLER? - In general, a foreign person is a non - resident alien individual, foreign corporation, foreign partnership, foreign trust or foreign estate, but not a resident alien individual. EXEMPTION CERTIFICATES: BUYER - The Internal Revenue Service has adopted temporary regulations which provide that a buyer will not be liable to the Internal Revenue Service for the tax owed if he obtains from the seller in duplicate a certificate of affidavit under penalties of perjury stating the seller's United States taxpayer identification number or social security number and that the seller is not a foreign person,unless the buyer has knowledge that the affidavit is false. These regulations also provide that the buyer must retain this affidavit until the end of the fifth taxable year following the taxable year in which the sale takes place and to make the affidavit available to the IRS when requested. FOREIGN SELLERS - Foreign sellers should consult with an attorney familiar with FIRPTA before entering into any negotiations or contracts for the sale of their property. If you act promptly, you may be able to have the IRS: (1) determine your maximum tax liability; (2) reduce the amount which the buyer must withhold; (3) issue a withholding certificate; (4) make an early refund of the amount withheld; (5) establish that not gain is recognized under pertinent provisions of the Internal Revenue Code. NO WITHHOLDING REQUIRED IF: 1. The buyer is purchasing the property for his use as a residence and the amount paid for the property is $300,000.00 or less; 2. Either buyer or seller obtains a "withholding certificate" from the Internal Revenue Service that: (1) the seller is exempt from paying taxes on the gain; (2) the seller has agreed with the IRS to pay the tax owed, or (3) the IRS has agreed to reduce the amount of withholding required to the amount stated in the certificate; 3. Gain on the sale is not recognized under certain provisions of the Internal Revenue Code. BUYERS AND SELLERS ARE ADVISED TO SEEK THE ADVICE OF AN ATTORNEY ON THE QUESTION OF WHETHER ANY GAIN IS RECOGNIZED UNDER THE PROVISIONS OF THE INTERNAL REVENUE CODE AND AS TO THE PROCEDURE THAT MUST BE FOLLOWED IF THE BUYER DOES NOT WITHHOLD BASED ON THE FACT THAT NO GAIN IS RECOGNIZED. Neither Prudential Jon Douglas Company or nor it's agents are qualified to determine the rights and obligations of any particular individual under the Foreign Investment in Real Property Tax Act. If you have any questions regarding the applications of FIRPTA, your obligations under the act or whether you are a foreign person as defined in the act, please seek the advice of an attorney. Receipt of a copy of this Notice is hereby acknowledged. Date: Barbara E. Schinnerer Virginia A. Irgang Frank Irgang James E. Thompson The City of Newport Beach By: Kevin Murphy, City Manager BUYER - SIGN & RETUMM MARINERS { ®} ESCROW CORPORATION Raymond H. Daniger La Rue H. Daniger 190 Newport Center Drive, Suite 250 Newport Beath, Califomia 92660 Post Office Box 8808 Newport Beach, Califomia 92658 Phone (714) 640 -6040 Fax (7141 721 -8157 BUYER - SIGN & RETURN N, MARINERS AVE ESCROW CORPORATION IWPO AMENDED ESCROW INSTRUCTIONS Escrow No. 12750 -DM Re: 3531 Newport Blvd.. a Short Street, Newoort Beach, CA 92660 To: Mariners Escrow Corporation - Dana McNeill 190 Newport Center Drive, Suite 250 Newport Beach, California 92660 Poat Office Boa 8808 Newport Beach, Califomia 92658 Phone (7141 640 -6040 Faa (714) 721 -8157 Date: October 11, 1996 My previous instructions in the above numbered escrow are hereby modified - supplemented in the following particulars only: ASSIGNMENT James E. Thompson, Buyer, hereby assigns to The City of Newport Beach, A Municipal Corporation. 1. All interest in and to all right to acquire title to the property which is the subject of this escrow. 2. All funds now on deposit to the account of the undersigned in this escrow. In consideration of this assignment, the initial deposit of $1,000.00 shall be refunded to James E. Thompson, at the close of escrow. AGREEMENT It is agreed between Barbara E. Schinnerer, Virginia A. Irgang, Frank Irgang, Raymond H. Daniger, La Rue H. Daniger, as Seller and James E. Thompson, as Buyer, and The City of Newport Beach, A Municipal Corporation , as Assignee, with respect to the escrow instructions dated June 3, 1996, in Escrow 12750 -DM, as follows: 1. Seller hereby releases Buyer from all claims and demands against Buyer in respect to the escrow instructions and accepts Assignee in place of Buyer as the substituted party to said escrow instructions and hereby agrees with Assignee to be bound by the terms of the escrow instructions in all respects as if Assignee was originally named therein as a party in place of Buyer. 2. Assignee agrees to perform in accordance with the escrow instructions and to be bound by all the terms thereof in all respects as if he were the original party to the escrow instructions in .place of the Buyer. 3. In the event of cancellation of this escrow, funds to be returned to non - defaulting buyer, if any, less costs, if any, shall be forwarded to new buyer (assignee) as shown herein. Seller: Barbara E. Schinnerer Virginia A. Irgang Frank Irgang Assignor: James E. Thompson Assignee: The City of Newport Beach Raymond H. Daniger La Rue H. Daniger Continued on Page 2 BUYER - SIGN & RETURI 1 Date: October 11, 1996 Escrow No.: 12750 -DM Re: 3531 Newport Blvd., @ Short Street, Newport Beach, CA 92660 Officer: Dana McNeill Continuation of Amendment for Above Referenced Escrow By: y Kevin Murphy, City Manager All other terms and conditions of this escrow shall remain the same. All parties signing this inshnction acknowledge receipt of a copy of same. BUYER - SIGH c4 hE i U6�, Page 2 --a �1 MARINERS flaw)) ESCROW CORPORATION AMENDED ESCROW INSTRUCTIONS Escrow No. 12750 -DM Re: 3531 Newport Blvd a Short Street Newport Beach, CA 92660 To: Mariners Escrow Corporation - Dana McNeill 190 Newport Center Drive, Suite 250 Newport Beach, California 92660 Peat Office Boa 8808 Newport Beach, California 92658 Phone (7141 640 -6040 Fax (714) 721 -8157 Date: October 11 1996 My previous instructions in the above numbered escrow are hereby modified - supplemented in the following particulars only: ASSIGNMENT James E. Thompson, Buyer, hereby assigns to The City of Newport Beach, A Municipal Corporation. 1. All interest in and to all right to acquire title to the property which is the subject of this escrow. 2. All funds now on deposit to the account of the undersigned in this escrow. In consideration of this assignment, the initial deposit of $1,000.00 shall be refunded to James E. Thompson, at the close of escrow. AGREEMENT It is agreed between Barbara E. Schinnerer, Virginia A. Irgang, Frank Irgang, Raymond H. Daniger, La Rue H. Daniger, as Seller and James E. Thompson, as Buyer, and The City of Newport Beach, A Municipal Corporation , as Assignee, with respect to the escrow instructions dated June 3, 1996, in Escrow 12750 -DM, as follows: 1. Seller hereby releases Buyer from all claims and demands against Buyer in respect to the escrow instructions and accepts Assignee in place of Buyer as the substituted party to said escrow instructions and hereby agrees with Assignee to be bound by the terms of the escrow instructions in all respects as if Assignee was originally named therein as a party in place of Buyer. 2. Assignee agrees to perform in accordance with the escrow instructions and to be bound by all the terms thereof in all respects as if he were the original party to the escrow instructions in.place of the Buyer. 3. In the event of cancellation of this escrow, funds to be returned to non - defaulting buyer, if any, less costs, if any, shall be forwarded to new buyer (assignee) as shown herein. Seller: Barbara E. Schinnerer Virginia A. Irgang Frank Irgang Assignor: James E. Thompson Assignee: The City of Newport Beach Raymond H. Daniger La Rue H. Daniger Continued on Page 2 BUYER'S C ()ry Date: October 11, 1996 Escrow No.: 12750 -DM Re: 3531 Newport Blvd., a Short Street, Newport Beach, CA 92660 Officer: Dana McNeill Continuation of Amendment for Above Referenced Escrow By: Kevin Murphy, City Manager All other terms and conditions of this escrow shall remain the same. All parties signing this instroction acknowledge receipt of a copy of same. Page 2 BUYER'S COPY I 1L .11� Vropertp 10. OF CALIFORNIA® This Property I.D. report contains information from the following government agencies: lcw.d 3 United States t t Departmera of Housing t ,Le ,r and Urban D pmenevelo p off, United States Consumer Product Safety Commission curFOaxs eAVAOralsaru rao*acrax ASeacr ,&EPA EPnMltlonn Agency IMPORTANT NOTICE For the convenience of real estate agents, escrow officers, sellers and buyers, a disclosure receipt in the Quadruplicate is provided herein as an insert following the mandatory reports. It is important that the beneficiary (Buyer) of the report acknowledge acceptance of these reports by signing the receipt. Thereafter, each party to the transaction may retain a copy of the receipt for their files. COPYRIGHT ®1996 PROPERTY I.D. CORPORATIONS All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any forth by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Property I.D. Corporation, COPYRIGHT is not claimed as to part of the original work prepared by a federal or state government officer or employee as part of that person's official duties. REPORT 0901971046 -3531 NUMBER: 423 - 101 -21 A.P.N.: ESCROW 12750 NUMBER: ESCROW BRIAN FOXCROFT AGENT: MARINERS ESCROW 190 NEWPORT CENTER DR. #250 NEWPORT BEACH, CA 92660 JEORGE MC GAFFIGAN ORDERED PRUDENTIAL -JON DOUGLAS BY: 2101 E. PACIFIC COAST HWY. CORONA DEL MAR CA 92625 SUBJECT 3531 NEWPORT BLVD. PROPERTY: NEWPORT BEACH, CALIFORNIA 92663 ORANGE COUNTY January 9, 1997 DATE: JEORGE MC GAFFIGAN RECIPIENT(S): RAY DANIGER *included with Buyer's Copy only II REPORTINDEX EARTHQUAKE FAUE'. PAGE EHI -EH27 HOMEOWNERS & BUYERS"* SEISMIC HAZARD ZONE RATING PAGE 3 FLOOD HAZARD ZONE PAGE 4 EARTHQUAKE SAFETY: "THE PAGE ESI -ES29 HOMEOWNERS'S GUIDE TO EARTHQUAKE STATE FIRE RESPONSIBILITY PAGE 5 SAFETY"' LANDSLIDE INVENTORY REPORT PAGE 6 RESIDENTIAL EARTHQUAKE HAZARDS PAGE ES3 REPORT FORM- LIQUEFACTION SUSCEPTIBILITY PAGE FLOOD & INUNDATION HAZARDS PAGE 8 LEAD BASED PAINT: "PROTECT YOUR PAGE LBPI -LBP9 FAMILY FROM LEAD IN YOUR HOME"' MELLO.ROOS FACILITIES PAGE DISCLOSURE RECEIPT- INSERT NOTICE TO ESCROW AGENT.• Two original copies of this report have been delivered to you for use only in connection with the escrow identified above. At the close of this escrow, you are authorized to deliver these original copies only to seller and buyer, and provided that you have paid our invoice for this report. If escrow fails to close, you are to return all of the original copies of this report to Property I.D. Corporation. You are prohibited from reproducing this report and distributing such reproduced copies to any person or entity, including seller, buyer, and seller's broker. This report as of the date shown above is based upon an examination of maps as published by the applicable agencies. The sole purpose of this report is to assist the participants in executing real property transactions. This report does not constitute an opinion as to the advisability of completing the transaction. This report applies to the property described by the street address and/or county assessor's parcel number as shown above. Please verify this information for accuracy. The term "Property LD."below appears in red letters On all original copies of this report. Prowtp 10. m OF CALIFORNIA January 9, 1997 "Real Estate Disclosure Made Easy" Date: 0901971046 -3531 345 S. Figueroa Street, 2nd Floor • Los Angeles, California 90071 Report Number: 1 OF 10 Telephone: (800) 613 -3361 • Facsimile: (800) 613 -1643 Page: EARTHQUAKE FAULT ZONE DETERMINATION FOR 3531 NEWPORT BLVD., NEWPORT BEACH, CALIFORNIA 92663 Based on PROPERTY I.D.'s research of the current official Earthquake Fault Zone Map(s) issued by the State of California, the following determination is made: THE SUBJECT PROPERTY IS NOT IN AN OFFICIAL EARTHQUAKE FAULT ZONE DISCUSSION: If the subject property is partially or wholly within an OFFICIAL EARTHQUAKE FAULT ZONE, it may be subject to (city, county, or state) requirements necessitating geologic study prior to any new or additional construction. When a property is located in this zone, it may not mean that a fault line exists on the property. In certain areas, the zones are more than one - quarter of a mile wide. Earthquake Fault Zones are delineated and adopted by the State of California as part of the Alquist -Priolo Special Studies Zone Act of 1972 to assure that homes, offices, hospitals, public buildings, and other structures for human occupancy are not built on active faults. Earthquake Fault Zones are areas on both sides of known or suspected active earthquake faults. The State Mining and Geology Board has adopted policies and criteria for the implementing of these zones. NOTE: Disclosure of the above information constitutes a material fact. In accordance with Section 2621.9 of the California Resources Code this information must be disclosed to the buyer by the agent for the seller or the seller of the subject Property. COPYRIGHT m 1996 Property I.D. Corporation. ,propertp 31.W'. OF CALIFORNIA® "Real Estate Disclosure Made Easy" Date: January 9, 1997 Report Number0901971042 -3531 Page: 2 OF 10 SEISMIC HAZARD ZONE RATING FOR 3531 NEWPORT BLVD., NEWPORT BEACH, CALIFORNIA 92663 Based on PROPERTY I.D.'s research of the current maps contained in the Orange County Safety Element, the following determination is made: SUBJECT PROPERTY IS LOCATED WITHIN 114 MILE OF THE INGLEWOOD FAULT, AN ACTIVE FAULT DEFINITIONS: "Active" faults are defined as faults that have been active within the last 0 to 11,000 years before the present. "Potentially Active" faults are defined as faults that may have been active between 11,000 years and 100,000 years before the present. "Inactive" faults are defined as faults that may have had activity prior to 3,000,000 years before the present. "Unrated" faults are those that have not been defined. DISCUSSION: As a part of long -term planning, localities are required to include mapping of known seismic or other geologic hazards on a local level. Information may vary between jurisdictions, and may include information about all locally -known seismic hazard zones, including an area's susceptibility to strong ground shaking, liquefaction, landslides or other ground failure. The absence of earthquake activity at a particular location does not necessarily mean that earthquakes will not occur there in the future. Moderate to large earthquakes have often been preceded by or followed by long periods of quiescence. The apparent correlation between seismic activity and mapped faults should confine the areas of higher probability of earthquake occurrence to somewhat restricted zones. NOTE: If the property is located in a Seismic Hazard Zone (Public Resources Code § §2690- 2699.6) or in a locally designated geological, seismic, or other hazard zone(s) or area(s) where disclosure is required by law, Seller shall disclose in writing to Buyer this fact(s) and any other information required by law. Construction or development of any structure may be restricted. The above information constitutes a material fact and in accordance with real estate disclosure laws, this information should be disclosed t agent COPYRIGHT O 1996 Property I.D. Corporation. All rights reserved. Vropertp IWO. OF CALIFORNIA® "Real Estate Disclosure Made Easy" Date: January 9, 1997 Report Numbe090 1 97 1042,3531 Page: 3 OF 10 COPYRIGHT © 1996 Property I.D. Corporation. All rights reserved. .property IWO. OF CALIFORNIA® "Real Estate Disclosure Made Easy" Date: January 9, 1997 Report Number0901971042 -3531 Page: 4 OF 10 NATIONAL FLOOD INSURANCE PROGRAM DETERMINATION FOR 3531 NEWPORT BLVD., NEWPORT BEACH, CALIFORNIA 92663 Based on PROPERTY I.D.'s research of the current Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, the following determination is made: THE SUBJECT PROPERTY IS LOCATED IN ZONE "X" (Shadow) Areas of Special Flood Hazard (100 -year flood) include Zones A, AI -30, AE, AH, AO, A99, V, VI-30 and VE. EXPLANATION OF ZONE DESIGNATIONS ZONE A AREAS OF 100 -YEAR FLOOD; BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS NOT DETERMINED. AO AREAS OF 100 -YEAR SHALLOW FLOODING WHERE DEPTHS ARE BETWEEN ONE (1) AND THREE (3) FEET; AVERAGE DEPTHS OF INUNDATION ARE SHOWN, BUT NO FLOOD HAZARD FACTORS ARE DETERMINED. AE BASE FLOOD ELEVATIONS DETERMINED. AH AREAS OF 100 -YEAR SHALLOW FLOODING WHERE DEPTHS ARE BETWEEN ONE (1) AND THREE (3) FEET; BASE FLOOD ELEVATIONS ARE SHOWN, BUT NO FLOOD HAZARD FACTORS ARE DETERMINED. Al -A30 AREAS OF 100 -YEAR FLOOD; BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS DETERMINED. A99 AREAS OF 100 -YEAR FLOOD TO BE PROTECTED BY FLOOD PROTECTION SYSTEM UNDER CONSTRUCTION; BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS NOT DETERMINED. B AREAS BETWEEN THE LIMITS OF THE 100 -YEAR FLOOD AND THE 500 -YEAR FLOOD; OR CERTAIN AREAS SUBJECT TO 100 -YEAR FLOODING WITH AVERAGE DEPTHS LESS THAN ONE (1) FOOT OR WHERE THE CONTRIBUTING DRAINAGE AREA IS LESS THAN ONE SQUARE MILE; OR AREAS PROTECTED BY LEVEES FROM THE BASE FLOOD. C AREAS OF MINIMAL FLOODING. D AREAS OF UNDETERMINED, BUT POSSIBLE, FLOOD HAZARDS. V AREAS OF 100 -YEAR COASTAL FLOOD WITH VELOCITY (WAVE ACTION); BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS NOT DETERMINED. VI-V30 AREAS OF 100 -YEAR COASTAL FLOOD WITH VELOCITY (WAVE ACTION); BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS DETERMINED. VE COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); BASE FLOOD ELEVATIONS DETERMINED. X AREAS DETERMINED TO BE OUTSIDE 500 -YEAR FLOOD PLAIN. X (SHADOW) AREAS OF 500 -YEAR FLOOD; AREAS OF 100 -YEAR FLOOD WITH AVERAGE DEPTHS OF LESS THAN I FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 100 -YEAR FLOOD. NOTE: The above information constitutes a material fact and will assist the agent in fulfilling State and Federal requirements for determining eligibility for Flood Insurance. In accordance with real estate disclosure laws, this information should be disclosed to the buyer by the agent for the seller of the subject property. COPYRIGHT © 1996 Property I.D. Corporation. All rights reserved. .property IWO. OF CALIFORNIA® "Real Estate Disclosure Made Easy" Date: January 9, 1997 Report Number0901971042 -3531 Page: 4 OF 10 STATE FIRE RESPONSIBILITY AREA DETERMINATION FOR 3531 NEWPORT BLVD., NEWPORT BEACH, CALIFORNIA 92663 Based on Property I.D.'s research of the current maps issued by the California Department of Forestry and Fire Protection, the following determination is made: SUBJECT PROPERTY IS NOT LOCATED IN A STATE FIRE RESPONSIBILITY AREA A State Fire Responsibility area is defined as "lands exclusive of cities and federal lands regardless of ownership, classified by the State Board of Forestry as areas in which the primary financial responsibility for preventing and suppressing fire is that of the State. These are lands covered wholly or in part by timber, brush, undergrowth or grass, whether of commercial value or not, which protect the soil from erosion, retard runoff of water or accelerated percolation, and lands used principally for range or forage purposes." State Fire Responsibility areas are generally wildland areas, and may require state - imposed additional duties, such as maintaining fire breaks. NOTE: If the property is located in a State Fire Responsibility area, Seller shall, within the time specified disclose this fact in writing to Buyer (Public Resources Code § §4136). Disclosure may be made in the Real Estate Transfer Disclosure Statement (CAR Form TDS -14). Government regulations may impose building restrictions and requirements which may substantially impact and limit construction and remodeling of improvement. Disclosure of these areas is required only if the Seller has actual knowledge that the Property is located in such an area or maps of such areas have been provided to the county assessor's office. All rights reserved. Property 31.x. OF CALIFORNIA® "Real Estate Disclosure Made Easy" Date: January 9, 1997 Report Numberj90 1971042-35'.] Page: 5 OF 10 LANDSLIDE INVENTORY REPORT FOR 3531 NEWPORT BLVD., NEWPORT BEACH, CALIFORNIA 92663 Based on PROPERTY I.D.'s research of the current maps contained in the Orange County Safety Element, the following determination is made: SUBJECT PROPERTY IS LOCATED IN AN AREA OF VERY LOW POTENTIAL FOR BEDROCK LANDSLIDES UNDER NORMAL CONDITIONS SUBJECT PROPERTY IS LOCATED IN AN AREA OF VERY LOW POTENTIAL FOR BEDROCK LANDSLIDES UNDER SEISMIC CONDITIONS DISCUSSION: Slope stability during seismic shaking is determined by complex variables, including, but not limited to, magnitude and location of the epicenter, bedrock response characteristics, duration of shaking, direction of the wave path, and extent of ground rupture. Because of variation in the stability of different geological formations, some are much more prone to landsliding than others. Factors which influence landsliding are steepness of slope, internal structure of rock, rate of erosion near the base of slopes, abnormal heavy rainfall, occurrence of earthquakes, expansive soils, vegetation, and works of man. Bedrock failures are those that involve previously in -place bedrock materials. It is the sudden and sustained shaking that triggers an already unstable or marginally - stable slope to fail. Surficial failures are those that involve only the mantle of material that collects at the ground surface as a result of weathering and erosion. Failures of this type are the most common ones resulting from earthquake shaking, mainly because they include the most recent loose surface accumulations. Mapping does not preclude the existence of landslides or the potential for slope failure outside of landslide -prone areas as compiled. SUBJECT PROPERTY IS NOT LOCATED IN AN AREA OF HIGH PROPENSITY FOR MUD- DEBRIS FLOWS DURING PERIODS OF EXCEPTIONALLY HIGH RAINFALL OR SEISMIC SHAKING DISCUSSION: The presence of a landslide from the Safety Element maps makes no definitive statement as to its stability, either present or future. Many landslides in developed areas were stabilized or removed as a process of the development. Mud - debris flows consist of mud, rock, and vegetational debris which flow in various degrees of viscosity depending on percentage of water present. During intense rainfall, the materials lose their normal cohesion and flow downslope, picking up additional debris. Rockfall is the free -fall or rolling movement of large discrete blocks or boulders. It can occur at any time as a result of erosion. earthquake, or man. Property I.D. recommends that a geotechnical consultant be retained to study the site if detailed on -site information regarding slope stability is desired NOTE: If the property is located in a Seismic Hazard Zone (Public Resources Code § §2690 - 2699.6) or in a locally designated geological, seismic, or other hazard zone(s) or area(s) where disclosure is required by law, Seller shall disclose in writing to Buyer this fact(s) and any other information required by law. Construction or development of any structure may be restricted. The above information constitutes a material fact and in accordance with real estate disclosure laws, this information should be disclosed to the buyer by the agent for the seller of the subject property. COPYRIGHT © 1996 Property I.D. Corporation. All rights reserved. Propertp RW. OF CALIFORNIA® "Real Estate Disclosure Made Easy" Date: January 9, 1997 Report Number0901971042 -3531 Page: 6 OF 10 LIQUEFACTION SUSCEPTIBILITY DETERMINATION FOR 3531 NEWPORT BLVD., NEWPORT BEACH, CALIFORNIA 92663 Based on PROPERTY I.D.'s research of the current maps contained in the Orange County Safety Element; the following determination is made: SUBJECT PROPERTY IS LOCATED IN AN AREA OF HIGH LIQUEFACTION POTENTIAL DISCUSSION: Liquefaction is the sudden loss of strength of water - saturated sandy soils resulting from shaking during an earthquake. Ground areas most susceptible to liquefaction are those that are underlain at shallow depth -- usually less than 30 feet -- by layers of water - saturated fine sand. As a part of long -term planning, localities are required to include mapping of known seismic or other geologic hazards on a local level. Information may vary between jurisdictions, and may include information about all locally -known seismic hazard zones, including an area's susceptibility to strong ground shaking, liquefaction, landslides or other ground failure. The degree of liquefaction that may occur at any location is a function of the geologic setting and the intensity of seismic shaking. Liquefaction usually occurs toward the end of or several minutes after an earthquake and may continue for some time. Liquefaction potential is a function of the sediment type, age, and mode of deposition. Certain types of sedimentary deposits are more susceptible to liquefaction than others. The age of the deposit, as well as the depth to the water table, is important in predicting susceptibility. Property I.D. recommends that a georeehnical consultant be retained to study the site if detailed on -site information regarding liquefaction potential is desired. NOTE: if the property is located in a Seismic Hazard Zone (Public Resources Code § §2690- 2699.6) or in a locally designated geological, seismic, or other hazard zone(s) or area(s) where disclosure is required by law, Seller shall disclose in writing to Buyer this fact(s) and any other information required by law. Construction or development of any structure may be restricted. The above information constitutes a material fact and in accordance with real estate disclosure laws, this information should be disclosed to the buyer by the agent for the seller of the subject property. COPYRIGHT © 1996 Property I.D. Corporation. All rights reserved. 4ropertp 310. OF CALIFORNIA® "Real Estate Disclosure Made Easy" Date: January 9, 1997 Report Numbep90 1971042-3531 Page: 7 OF 10 FLOOD AND INUNDATION HAZARD DETERMINATION FOR 3531 NEWPORT BLVD., NEWPORT BEACH, CALIFORNIA 92663 Based on PROPERTY I.D.'s research of the current maps contained in the Orange County Safety Element, the following determination is made: SUBJECT PROPERTY IS LOCATED WITHIN 1/4 MILE OF AN AREA OF MODERATE TSUNAMI HARBOR DAMAGE RISK DEFINITIONS: MODERATE TSUNAMIS Areas that may be inundated by waves of 100 years recurrence interval at the 63% confidence RUN -UP RISK level. There are no areas judged to be of high tsunamis run -up risk. MODERATE TSUNAMIS Areas subject to harbor damage by waves of 50 -100 years recurrence interval at the 63 %. HARBOR DAMAGE RISK confidence level A tsunami is a large sea wave caused by an earthquake. DISCUSSION: The areas of moderate tsunami run -up risk and harbor damage risk do not include locally generated tsunamis. As a part of long -term planning, localities are required to include mapping of known seismic or other geologic hazards on a local level. Information may vary between jurisdictions, and may include information about all locally -known seismic hazard zones. There is no probability assigned to the inundation potential of a tsunami inundation area, but because it projects the most conservative estimate consistent with current research, the inundation area functions as a first level estimate of the potential hazard. Most major tsunamis are produced during large -scale vertical movement of the seafloor that accompany earthquakes of magnitudes 7 or greater. A Tsunami Inundation Area is designated as a zone of moderate risk for tsunami tun up. The Tsunami zone may be inundated by waves which recur on the average of once every 500 years. SUBJECT PROPERTY IS NOT LOCATED IN A MAPPED FLOOD HAZARD AREA DEFINITIONS: DAM INUNDATION AREA The overtopping of dams caused by waves created by sudden landslides into reservoirs and also possible dam failure caused by earthquake. 100 -YEAR FLOOD PLAIN The flood having a one percent chance of being equaled or exceeded in any year. STANDARD PROJECT The flood that would result from the most severe combination of meteorological and FLOOD hydrological conditions considered reasonably characteristic of the geographic area. Property LD, recommends that a geotechnical consultant be retained to study the site if detailed on -site information regarding flood and inundation hazards is desired. NOTE: If the property is located in a Seismic Hazard Zone (Public Resources Code § §2690- 2699.6) or in a locally designated geological. seismic, or other hazard zone(s) or area(s) where disclosure is required by law, Seller shall disclose in writing to Buyer this fact(s) and any other information required by law. Construction or development of any structure may be restricted. The above information constitutes a material fact and in accordance with real estate disclosure laws, this information should be disclosed to the buyer by the agent for the setter of the subject property. COPYRIGHT © 1996 Property I.D. Corporation. All rights reserved. Property 30x. OF CALIFORNIA® "Real Estate Disclosure Made Easy" Date: January 9, 1997 Report Number090 1971042-3531 Page: 8 OF 10 MELLO -ROOS COMMUNITY FACILITIES DISTRICT DETERMINATION FOR 3531 NEWPORT BLVD., NEWPORT BEACH, CALIFORNIA 92663 Based on PROPERTY I.D.'s research of available tax records for Orange County, the following determination is made: AS OF THE DATE OF THIS REPORT, THE SUBJECT PROPERTY IS NOT LOCATED IN A MELLO -ROOS COMMUNITY FACILITIES DISTRICT DEFINITION: A Mello -Roos Community Facilities District is an entity legislated by local government. It is formed to finance certain designated public services and capital facilities by levying special taxes. The taxes are continuing liens and are levied against property owners within the service area. Police and fire protection services, ambulance and paramedic services, parks, elementary and secondary schools, libraries, museums, and cultural facilities all may be funded by a Mello -Roos district. NOTE: Seller of any real property must make a good faith effort to obtain a disclosure notice from any local agencies which levy on the property a special tax pursuant to the Mello -Roos Community Facilities Act, and shall deliver to Buyer any such notice made available by those agencies. COPYRIGHT © 1996 Property I.D. Corporation. All rights reserved. Property 3M. OF CALIFORNIA® "Real Estate Disclosure Made Easy" Date: January 9, 1997 Report NumbeiGg01971042 -3531 Page: 9 OF 10 ASSUMPTIONS, CONDITIONS AND LIMITATION OF LIABILITY This REPORT is for the exclusive reliance of the recipient identified in the REPORT to whom it is issued ( "Recipient'). The liability of Property I.D. Corporation ("Company"), its directors, officers, shareholders and employees is limited to the Recipient. Further, there is no accountability, obligation or liability to any third party. Possession of this REPORT may not be referred to or relied upon by any parry other than Recipient without the written consent of Company. This REPORT pertains to the land described in this REPORT and the improvements affixed thereto which by law constitute real property ( "Subject Property ") provided, however, the term "Subject Property" does not include my property beyond the lines of the area described or referred to in this REPORT, nor any real property described as an easement in the REPORT, nor any right, title, interest, estate or easement in abutting streets, roads, alleys, lanes, ways or waterways. In preparing this REPORT, we have only reviewed those maps and records specifically referred to in the Report which are readily available for public inspection (the "Government Records ") to determine if and in what extent they are applicable to the Subject Property. We have relied upon information in the Government Records without further investigation and without any analysis of underlying data supporting the information contained in the Govemment Records. We have assumed, with independent investigation, that the Government Records are accurate and complete. No responsibility is assumed for the accuracy of information furnished by the RecipienL third parties, or Government Records. No opinion is rendered as to the title to the Subject Property, nor whetter the subject property is comprised of legal lots in conformance with the California Subdivision Map Act and local ordinances enacted pursuant therea. The legal description of the Subject Property (IF ANY PROVIDED) in this REPORT was furnished to company by RECIPIENT and is assumed to be correct without independent verification by Company. No responsibility is assumed for matters which are architectural, structural, mechanical, engineering or legal in character or nature. No opinion is given regarding: mechanical equipment or structural integrity or adequacy, nor soils and potential for settlement, drainage, subsidence, or other oceurerien or problems arising from soil conditions; nor marketability of the Subject Property. Company is in no way to be responsible for any costs incurred in correct any deficiencies of any type present in the Subject Property. No opinion is expressed with respect to the existence of hazardous or toxic materials or substances or any other defects on or within the Subject Property. No visual examination or inspection of the Subject Property has been performed by Company. This REPORT is not a substitute for a visual examination or inspection of the Subject Property. Company assumes no responsibility for any costs or consequences arising due to the need, or the lack of need, for earthquake insurance or flood hazard insurance. An agent for the Federal Flood Insurance Program should be contacted to determine the actual need for flood hazard insurance. This REPORT is intended to include ordy those items affirmatively addressed in the teat hereof. This REPORT does not purport, either explicitly or by implication to include or provide information regarding any other natters not specifically addressed herein, including without limitation: (a) federal and stare laws; (b) ordinances and regulations of the City and County where the Subject Property is located; (c) environmental protection laws and regulations; (d) property taxes, special assessments and Mello- Roos District assessments; (e) legal proceedings before any judicial or other adjudicative tribunal or any regulator or administrative agency of any governmental entity; (f) liens, encumbrances, covenants, condit ions, restrictions, reservations, easements, mining claims, water rights, ownership of the Subject Property and other tide matters; (g) encroachments and other matters that would be revealed by a correct survey of the Subject Property; (h) building codes or other laws restricting, regulating or relating to the character, dimensions or location or any improvement now or hereafter erected on the Subject Property or the occupancy, use or enjoyment of the Subject Property; (i) in rem forfeiture laws; (j) rights of eminent domain; (k) any laws or regulations pertaining to the owner or occupancy of the Subject Property or the current activities being conducted on the Subject Property, such as but not limited to income taxes, liquor licenses or other permits for any business conducted or to be conducted thereon; and (1) ordinances, administrative decision, rules and regulations of any special political subdivision, whether created or enabled through legislative action at the federal. state or regional level, such w but not limited to water agencies, school districts, flood control districts, Coastal Commission orjoint powers disoim. This REPORT is issued as of the date specified herein. Company has no obligation to advise Recipient or any other person of env relevant fact circumsanre or change that occurs after such date which pertains to the Subject Property or which modified or otherwise affects the information provided in this REPORT. Company will not be asked or required to give testimony in court or any hearing became of having issued [Iris REPORT nor engage in consultation with Recipient or third parties after the issuance of this REPORT except under a separate and special arangement and for an additional fee. If testimony or deposition is required from Company because of any subpoena, the Recipient shall be responsible for any additional time, fees, and charges of Company regardless of which parry issued the subpoena. This REPORT shall be governed by and construed in accordance with the laws of the State of California. ACCEPTANCE OF, AND /OR USE OF THIS REPORT BY RECIPIENT OR ANY THIRD PARTY CONSTITUTES ACCEPTANCE OF THE ABOVE CONDITIONS. COMPANY LUxBILITY EXTENDS ONLY TO STATED RECIPIENT, NOT TO OTHER PARTIES OR USERS. COMPANY SHALL HAVE NO LIABILITY UNLESS AND UNTIL ITS FEE FOR THIS REPORT IS PAID. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL. INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PREPARATION, ISSUANCE OR USE OF THIS REPORT. COPYRIGHT © 1996 Property I.D. Corporation. All rights reserved. jropertp 31.x. OF CALIFORNIA® "Real Estate Disclosure Made Easy" Date: January 9, 1997 Report Numbe{j901971042 -3531 Page: 10 OF 10 ENVIRONMENTAL HAZARDS: A GUIDE FOR HOMEOWNERS, BUYERS, LANDLORDS AND TENANTS Pete Wilson Governor This independent research report was originally developed by M. B. Gilbert Associates, under contract with the California Department ofReal Estate in cooperation with the Department ofHealth Services. The 1995 edition was prepared by the CaliforiaEnvironmental Protection Agency, Department otToxicSubstances Control, in cooperation with the Califomia Department offlealth Services' Childhood Lead Poisoning Prevention Program, Radon Program, and Division of Drinking Water and Environmental Management. This booklet is offered for information purposes only, not as a reflection of the position of the administration of the State of California. COPYRIGHT©1996 Property W. Corporation® All rights reserved. No part of this publication may be reproduced, stored in a retrieval system. or transmitted, in any 77�� VtOPIMP .D.D. OF CALIFORNIA* form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission Page EH 1 of Property I.D. Corporation COPYRIGHT is not claimed as to any part of the original work prepared by a federal or state officer or employee as part of that person's official duties. • saunp leloylo suosiad legl to ped se asAoldwa to iaolpo alals to papal a Aq paiedaid yiom lewbuo ayl to lied Rue of se pawlelo lou si 1H01Hdd W cuoilwodio0 *Q,I Apadwd ® VINHOHI7tl� d0 • x Z M 32rd )o uoisslwiad uallumloud all lnogm'asmaylo io'6ulp wal' 6ulm000lold 'leoiueyoaw'emwloala'sueaw An Aq wsq tz JE d)3403 ft Aue ul'papiwsuwl io'walsh lmulai a ul pa�ols'peonpmdai aq kw uogeolNnd slyl )o ped ON "pam8sw sig6u IN ®uoleiodio0'0'1 Apadmd 96610 1HUHM00 S66I AInf S301AW3S H11V3H 30 1N3W1WVd30 ADN39V AIOI.LOd LOIN ZVIN3N NON M A VINHOJI IVJ 'S1MdN31 aNV SaaOlaNVI `SE1 Ans `SIMM03WOH b10=1 3ainu d :SaUVZVH Id1N3WNOaIAN3 Preface The California Departments of Real Estate and Health Services originally prepared this booklet in response to the California legisla- tive mandate (Chapter 969, Statutes of 1989, AB 983, Bane) to inform the homeowner and prospective homeowner about environ- mental hazards located on and affecting residential property. The original booklet was prepared by M.B. Gilbert Associates of Long Beach, California under contract with the Department of Real Estate. The 1995 edition was prepared by the California Department of Toxic Substances Control, in cooperation with the California Department of Health Services Childhood Lead Poisoning Prevention Program, Radon Program, and Division of Drinking Water and Environmental Management, in response to the 1994 legislative mandate (Chapter 264, Statutes of 1994, AB 2753, Sher). The 1994 legislation also requires this booklet to consolidate the California disclosure requirements (Ch. 969, Statutes of 1989) and the federal disclosure requirements (The Residential Lead -Based Paint Hazard Reduction Act of 1992). The information contained in this booklet is an overview of environmental hazards which may be found on residential property and which may affect residential real estate. This booklet should be used only for general guidance. Although the disclosure of known hazards is required by law, an environmental survey may be conducted to obtain further information. Homeowners, tenants and prospective homeowners may wish to obtain other literature for additional information on the hazards of concern. Disposal of hazardous wastes is an issue of concern to us all. In the interest of reducing the use of and proper disposal of household hazardous wastes, a section on their storage and disposal is included. Sources of additional information and a list of government agencies are provided should the reader need further information. Table of Contents Introduction Page I Sections IASBESTOS ................................................. ..........................Page4 II FORMALDEHYDE ...................................... ............................... Page 7 IIILEAD . .............................. ................................................. Page 9 IVRADON ............................................................... I ......... .... Page 15 V HAZARDOUS WASTES ............................... ................................. . Page 18 VI HOUSEHOLD HAZARDOUS WASTE ...................... ............................... Page 20 Appendices A LIST OF FEDERAL. AND STATE AGENCIES .................. ............................... Page 23 B GLOSSARY OF TERMS ........ ............................... ...........................Page 26 COPYRIGHT p 1996 Property I. D. Corporations All rights reserved No part of this publication may be reproduced. stored In a retrieval system, or transmitted, in any .-prop ertp 3.310. OF CALIFORNIA a form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission Page EH 3 of Property LD. Corporafion®COPYRIGHT is not claimed as to any pare of the original work prepared by a Metal or state officer or employee as part of that person's official duties. sagnp lem.410 suovad legl to tied se Woldws io )aalgo ' alels io lwapa! a Act paiedaid grve leul6uo aql to ped hue of se pawslD IOUs' 1g91ddd030umpoko'01 Apadosd a V]N80+n7tl0 d0 • p2• j $$ aSs� ouolsslw) aduauim�oudayllnoyllm' asixayloro' 6wpmaar6ui4 d000logd' luoiuFgoaw 'oluoilDala'sueowAuedgwrq tuE 1L d asUoallC Aue ul'pagluisuwi io'walsAs lenaulai a ul paiols'pampwdai aq Am uoll6ilgnd sg io tied ON pamasar slg6u IV hogwodioo Og Apadmd 966I011-1018A800 ,awoq ay) ur swsagse .gpuapr o) pa)r4 aq ueo s)o)aadsw paygenb -s)a)woejnuew ay) dq paprnoud aq ueo s)onpo)d awoy jo wawoo soosagse ay) uo uor)ew)ojul *aoue)eaddt w)y 'paswxa) e sty sliem uo paiamon swsagsy saaej)ns )jos uein2aun gnm aaue)eadde asaaya a3enoo 'd2uods e sey ua)jo sAurpaa uo pa,(esds uaaq sey yoigAi solsagsy Wvuaavut SutltaJ autos pun spunodiaoa Sutdv; alaoajaags ut, yJuv '8L61 Puv 5 3W uaamJaq palapoutat JO Jltnq sauaoy autos u: uo,'"Mm" nvm pun Suntan, .Butpts puv 'ral8utgs Butyooa awos, 6ZL61 nJ OZ-61 m&Af Uipnq sawog ut 'flIvioadsa lsapoq pun sadid'"Irvm Jog uo uotivinsut, :inwirsfs SutuopJipuoo .nv puv StetJvag uo Sutddvam Janp, .Buuooyj,(itn, :ale so)sagse uimuoo yor4,m awoy ay) ur swab uowwoa )sow 341'9661 dq pa)aldwoo aq w s)onpo)d smsagsejo utq pasegd e paounouue (ydg -S�n) bUAV Uouoa)o)d lewaMUOJIAU- 'S'O ay) '6861 ul vouoa)oad anj pur ,gAuans uoueinsw aprAo)d o) awoy ay) ui punoj s)onpo)d dutw ui pasn uaaq sey swsagsy dswagsv sr JvgM SO.LS39SV I mollDgS pawe)go aq pinogs leuorssajoid pa11r>(s ejo saarA)as ay) pwmba) sr aaut)sme )Jadxa )aq)o )o legal jI 'aarApe ieuo)ssajo)d )ag)o )o ieOal Auuajpo ui pAr2ua )ou sr )a4srlgnd ay) )ey) �urpums)apun ay) y)rm pawasa)d si ltua)ew ay_L ,waq) o) umoul Die sp)ezeq vans uaym sp)ezey lewawuonnua jo aauwsrxa ay) asopsip o) d)rlrgrsuodsaJ aya jo saasuaxi a)e)sa lea) put s)allas awoy aA21laJ )ou saop s)auA+oawoy anuaadso)d )o s)aumoawoy o) uoueaggnd srg) jo d)an9ap ')anamoig -sp)ezey yans uo uonewojur leUOnrppe ap!AO)d w pwwbai um we s)allas awoy put saasuaoq DIEM lea) 's)aumopwog annaadso)d )o vaumoawoy o) aigelrene apew sr )aplooq sp)eze4 lemawuonAUa sry) jr `£S6 gy o) )uensind 'awu )Joys e )oj sp)ezeg jo slanai g2ij o) a)nsodxa uey) a)nsodxajo A16 sty) )awnoaua w ,(la>(g a)ow si )uaprsw ay) asntaaq pazrsegdwa sr slanal mol w a)nsodxa nwuajq 's)aedwi ygeaq ay) `duissmsip ui -papnpw sr svnpo)d snop)ezey ployasnoy uo uouaas e 'lesodsrp a)sem snop)ezty jo walgo)d ay) o) so)sem snop)ezty ployasnoy jo uounq -uwoa ay) jo asneoag .b, xipuaddy ui put )a)deya yaea jo pun ay) )e pano sao)nos ay) wojj algelrene si uouew)oju) ltuourppy 'dna -do)d ltuuaprsa) naj4p.. dpuanba)j garym spezcy lt)uawuarnua qnm dluo sleap )i 'aArsnpw -llt aq o) weave )ou sr ummilgnd sry l .u)ado)d e uo wasa)d aq dew yaiym sp)ezey Jeluacuuwmua anoyc uorsiaap paw)ojur ur, Djrw o) papaau uomwiojur ay) q)rm s)aumoawoy annaadswd pue s)aumoaurorl ap!Ao)d 11im )aplooq siy) )tip padoq sr )l uonrpa 5661 ay) pa)epuew (£SLZ gd) K61 ur uouelsidal )uanbasgnS '(£86 gd) 6861 w a)welsr9al tiwojyeD ay) dq pa)epuew dlltui$uo sem d))ado)d ltuuaprsa) 3uuaajje put uo pa)eaol sp)ezey (e)uaiuuonnua uo )aplooq )au)nsuoa ejo )uawdolanaoj -pa)d -urw aq )gSrw day) moy put 'punoj Die day) a)agm 'uowwoa a)e spezty )eqm mou)l o) )sa)awi s ,aumoauro4 anuoadsoad pue s )a - Umoawoy aya ui sr )l -spezey yans jo aa)j sr d)Jadoid ay) )ey) aa)ue)en`d e )ou sr sp)ezeg le)uawuo)rnuajo a)emeun si )aumoawoq aq) )eq) wawa)e)s y 'p)ezeq lewawuwrAM umouj due jo aauasajd aq) asopsrp w pannba) Die s)allas 'eru)ojquD ur '.0)adwd ltuuaprsa) ur )o uo punoj aq dew garym sp)ezeq it)uawuosrnua awos )noge uonew)ojur aprnad o) pau9isap si uoueaggnd s14S- uog3npoj3uI How is asbestos harmful? Intact or sealed (painted or taped over) asbestos is not harmful unless it becomes friable. Friable means the material can be easily crushed or pulverized to a powder by hand pressure. Friable materials have a higher potential to release fibers. Asbestos fibers that are released into the air and inhaled can accumulate in the lungs and pose a health risk. This risk can be divided into two general categories: 1) risk of asbestosis; and 2) increased risk of cancer. Most persons diagnosed with asbestosis have been exposed to asbestos in the work place. Therefore, this booklet focuses on the increased risk of cancer associated with asbestos exposure. The U.S. EPA classifies asbestos as a known human carcinogen. If asbestos fibers are inhaled, the likelihood of contracting lung cancer or mesothelioma (cancer of the lining of the chest or abdomen) increases. As more asbestos is inhaled, the risk of developing cancer further increases. Smokers who are exposed to high levels of asbestos have a much greater risk of developing lung cancer than non - smokers exposed to the same level. Symptoms of cancer may not develop until 10 -40 years after the first exposure. Is there a safe level of asbestos? In theory, inhalation of one fiber of asbestos can increase the risk of developing cancer. However, from a practical standpoint this statement is misleading since breathing ambient air in an urban area results in the inhalation of about 20,000 asbestos fibers a day. As a result of this exposure to asbestos in ambient air for a lifetime, it is estimated that 3 -30 cases of lung cancer and 4 -24 cases of mesothelioma will occur for every one million Americans. Those cancer cases are in addition to the numerous lung cancer cases due to other causes, particularly smoking. Obviously, inhalation of additional asbestos fibers increases the risk of developing lung cancer and unnecessary exposure should be avoided. How can asbestos content in materials be determined? When asbestos is suspected to be present in building materials, it is important to have the material tested by a qualified laboratory. Visual inspection alone is not enough to identify the presence of asbestos. However, such testing may not be warranted if the mate- rial is in good condition, in which case it is best to leave it in place. If the material is damaged, or will be disturbed during normal household activities or remodeling, it should be tested. A list of asbestos consultants certified by the California Department of Industrial Relations Division of Occupational Safety and Health (Cal /OSHA), for doing asbestos related work may be obtained by calling (916)263 -1581. A list of asbestos contractors registered with Cal /OSHA for doing asbestos related work may be obtained by calling (415)703 -3811. How should the homeowner repair or remove asbestos? Repair or removal of asbestos by the homeowner may be unwise if the damage is severe, since it may result in unnecessary exposure to airborne fibers. However, small repairs of pipe or duct insulation can be made with paint or duct tape. Other materials such as sprayed -on acoustical ceilings are not easily repaired by the homeowner. fit cases where planned remodeling projects are expected to damage asbestos- containing materials, it is wise to hire a qualified contractor to remove the material. The homeowner should use the following guidelines in choosing a qualified contractor: *Check to see if the contractor is licensed by the California Contractors State License Board and registered with the California Department of Industrid Relations, Division of Occupational Safety and Health(CallOSHA) for doing asbestos work. *Be aware that some contractors may remove material in an unsafe manner and still charge a substantial fee. *Require references from the contractor and check them to see if the contractors work has been satisfactory. *Require the contractor to specify his safety procedures in writing. COPYRIGHT 01996 Property I.D. Corporation® All rights reserved. No part of this publicaton may he reproduced, stored in a retrieval system, or trans sniffed, in any Propertp I.M. OF CALIFORNIA form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission Page EH 5 of Property I.D. Corporation@ COPYRIGHT is not claimed as to any part of the original work prepared by a federal or state officer or employee as part of that persons official duties. sagnp Rap s,umsd legl to Ued se Woldwa to 198190 alels to wepal a Aq paiedaid )pom leudIO ayl to Ued hue of se pawlep lou si 1H918Ad00Tuogwodto0.0.I Auadad ®tlINHOdI'IMJ 30 • ,Y 9 Hg 3Svd louommaduapum mid agll nogll m' as. me4loio' 6apooat' 6uifd000l ogd'e oiuegoaw 'oiuotloela'sueewAueAgwtol @Z*JE dpadoaEt Aue a'paAlwsuwl to'walsAs lenaplat e w patols'peanpwdat aq Am uoueapnd sigl jo ped oN'pamasat sjg6u pV ®uouetodto0 01 Auadwd 96610 1HOIBAd00 1851-£9Z(916) :auoydalaj SZ856 VD'owawulOUS 584 #'XEN, uaP1V 4Z4Z nun uonu0yul D autalnsuoJ swsagW (VHSO /IEO) yalEaH put 6ajrS luuonudmoO jo uotstAtQ suotaulag luuasnpul jo auawair&(] etwojyuO :wo1j 00-SS 1oj alqultunu st zstl styy siuvijnsuog soisagsv patftlaaj fa or7, (palmbal st adolanua passalppt jlas 'padwtls V) 0858'04£.(10£) :auoydalaZ OSSOZ GIN'aIIIWO't U-ZI a1tnS'anuQ plojn5unH 996 aminsul Seuoan0D 10013 luatltsa2l :wo1j ism ou 4u a19t1tEAE st uont0yynd styl sdanog .eoo13 ivarpsa?j daf sadnpa3wd IJOAI papuawwoaajj, SI£4 8£4 (008) :auoq&p_L ££1L-£100Z O'0'uOi�iuigsv& ££1L£ x09 'Od asnotl8uutalO uonetuaojul .fayuna 1iV loopul :way 1SOa ou it algtpuAE st uonuaygnd siq L k!lv"b waoopul 01 aping y - d-vi's amml aul 404t- 466 (ZOZ):auoydppL 0940Z 'O'4 1uw8utysu&, IAS Irma$ 'NI 104 'SrVi .6ua8V uotaaaswd luwawuwtAUd 'S'R :wo1j ism ou it algtptnt st uounilgnd styy awOH 05/1 ut solsagsy suontallgnd •sanlou aaisr8alj jvaapag 8urpnjaur slwwwop fo 4raamvn v sarjddns osjV 408vda7rvwvdaO"'ll0gvas7 :ssaappv lauaatul £095-y55 (ZOZ) xvd 'polj-y55 (ZOZ) :mogdala_ j :1v -D•a uoi8urgwAt ys(•ys) aarruas uouvwaoful aauvlsrssylayjoquog saauvlsgns: rmoy art; lavluoo suva8oad uouuanaad uorinjjod,fdvlunjon 09XF s Vdg uo uotivwaofiu puv -' ggtj puv luavd parvq -pvaj solsagm Surpnjaur `YgEl .spun pawls! -urwpv swaa8oad puv suoriZ7l,8aa :(FDSL) 1117 104u47 saauvtsgns arxol aql lnogv uopvuaofur puv aauvisrsw jnaruglai .tog, '00£# uorsualxa ZLLZ-8£9 (008) rauogdalal nv -D -a 'uol&agwAi •uo.nnwmo,) 4afvs lmpodd dawnmog aqi vvluoa sPrrpwd' "urnmoo urvldaa fo sualuoa soisagsv aqt uo puv lawoq aril ur epavzvq soisagm fo duawaivgv puv uouvatfpuapr aqi Surudaauoa noyvuuofur aaow aog, :saulpoH Zu0rivwdOfnl al ON 1I ntdw hlussa0au jt 10 auop n anual m asooyo Arw laumoawotl ay1 'somgst surEwoa luuaatw aya jt uaAg 'numoawoy ay1 jo uonw0stp ays it st uoouSunu swsagsy tuopn%riru� aarnbad mvj aql saoo 110M.11u03 ayi jo a0uewojlad aya aaslano put sampaoold,flajts mamal w (1851-£9Z(916) It 1sy u 1oj VHSO /IeO 10111100) wullnsuoa swsaysu pagma0 u Sumlttl laptsuoJ 'luawdwba Anjts hltssa0au ay1 llt do 13s o0 1w0u.num u 1oj antsuadxa st it a0uts 'ysoo ltwlou aqi sawn aaltlt utyl glow ag but lsoa atp 'y of lluws u 1od 'masasd aou clam swsaysE jt uuyl ltnowal ayl loj y0nw st sawn awyt /Ed w 10adxa hew laumoautoy ayy *List of Asbestos Contractors and Employers This list is available for $25.00 from: California Department of Industrial Relations Division of Occupational Safety and Healch(Cal /OSHA) P.O. Box 420603, Room #5234 San Francisco, CA 94142 Telephone: (415) 703 -3811 *What You Should Know Before You Hire a Contractor This publication is available at no cost from: California Contractors State License Board 9835 Goethe Road P.O. Box 26000 Sacramento, CA 95827 Telephone: (800) 321 -2752 ( To receive publication, leave name and address on message phone) Note: Telephone numbers and prices were correct at the date of publication of this booklet. Telephone numbers and prices are subject to change. SECTION II FORMALDEHYDE What is Formaldehyde? Formaldehyde is a colorless, pungent gas which is soluble in water and most organic solvents. It is used as a raw material in the manufacture of paints, plastics, resins, photographic materials, and in building materials such as fiberboard and some foam insula- tion. Formaldehyde is found in the outdoor air at levels ranging from about 0.0002 to 0.050 parts per million (ppm). (One ppm. can be compared to one cent in ten thousand dollars.) What levels of formaldehyde are found in the home? Formaldehyde concentrations inside California residences range from less than 0.01 to almost 0.50 ppm. Concentrations of formaldehyde inside mobile homes are somewhat higher than those found in conventional homes. What are the sources of formaldehyde in the home? Formaldehyde is emitted from products in which formaldehyde has been used in their manufacture. These include pressed -wood products, urea - formaldehyde foam used in insulation, and curtain and upholstery textiles treated with formaldehyde resins for crease resistance. Formaldehyde may also be emitted from improperly vented gas stoves and kerosene heaters. Pressed -wood prod- ucts are probably the most significant source of formaldehyde in the home. What are pressed -wood products? Pressed wood products contain resins to bind together wood or wood products such as wood chips. The two most commonly used resins are urea - formaldehyde and phenol- formaldehyde. Pressed -wood products used within the home include: *particleboard used for subflooring shelving and in furniture; *hardwood and plywood paneling used in furniture and as a wall covering; *medium density fiber board, used as cabinet doors, table tops, and shelving, and; *waferboard and softwood plywood for exterior use and sub'looring both are manufactured using phenol formaldehyde resins. Of these products, medium density fiberboard typically has the highest formaldehyde emission rate. COPYRIGHT 01996 Property I.D. Corpomtior s 71� All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any Prupertp 3J.7tt1. OF CALIFORNIA form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission Page EH 7 Of Property I.D. Corporation, COPYRIGHT is not claimed as to any part of the original work prepared by a federal or state officer or employee as pad of that person's official duties. sagnp lelalpo s,uosiad legl lo lied se aadoldwo io iaolpo alels io lwapel a Aq paiedaid gjw 1p6po aq; )o lied Aue of se pawlep lou s! 1HOIHAd00 @uogwodioo'a.I Apadwd ®yjn�jodrrv� 30 8 H3 a&d louolsslwladuallumiopdaglNogpm' asimragloj o' 6ulpiooai' 6ulAd000logd' leolueyoaw 'oluwloala'sueawAueAgwiol (M*fE djaadoa(t Aue ul'paplwsueil io'walsk lenaulai a ui paiols'paonpmdai aq Mw uapeaggnd slyl }o lied ON pauosai sig6p Iltl hogeiodioo a l APadwd 9661®1H01HAd00 ,(uw suoneoossu s japjwq put suouniur2jo apun Itao-I -djessnau ay .few 3uuoollyns put Ouyautd jo iVAOWw 'asn siy3 ul -auunb -apt ay :ou ,few sajnseaw osay: '2uuoo(fgns jo 8wlauud poom si op,fyapluwjoj jo aajnos ay3 ajayA\ slanal apxyapluwjoj annpai ipm awoq ayu in ,fuipiwnq put ajn:uadwa: ayo `duonpzu 'wojPjoq j -ainwndwao put ,fupiwnq 9uisuaj3uj ynm asvanui suoissiwa apdyaplewjod -sleua:ew poom -uou jo poom pyos wouj apuw slonpojd g:rm suanpoid poom - passaud nuidaj 'aigjssod ajaqA\ awoy E w suanpoid poom - passaud mau jo ngwnu ayj Ouonpaj put uoneluuaA asuajaui w smopwm Owuado apnlaui sainscaw ajuTpawwl is7aaa7 apfyaP7vuuofaoopu: aanpoa os auop aq uva7v2A1 awoy ay: w panXyau ay 6lquau0tjd uua yaiym slanai 3samol put :sajts ay3 se pajapsuoa ay XUw jre apswo ayu w slang -I 'Muviswnajo lie japun ald -oad ile m ssalwjeq ay pinom 3uy3 aprigapluwjoj jo uonuwnuoo u au3ap diasoajd w ilna3jip si n 'spajja ajxw o) ,( :IAgisum 1ag3 w jajjip aldoad asnma q -wdd I'O anoqu slanal 311 apdgapjuwjoj w pasodxa uaym uonunui 3uojg3 puu a,fa aauauadxa suosjad 3soly japfyapjvuuof fo la "I afps v aaay7 sj - iwnjaUjnuew ay3 wojj pautu:go aq uea uouuwjojw siyy -sjan -pond jo juawo ap,fyapluwuoj ay jo adpalmousl sT ap,(yaplewoj joopw jo nuasajd ayo jo jo3uaipw injasn y -a& snnpojd ayu se awlaap pue 'ooueinuan pue ',4`plwny 'ajwcjadwa3 qum a3uega ap,(yaplewjoj jo slanal asnuaaq panwy si 'sjnoy u Z uano aldu cxa joj 'awu :joys t uoj Sunwluow jre jo ssaulnjosn ayy -saldwus nu jo sis,fIuuu iuoiwaya ,(q pajnsuaw ay uea ap,(yaplewjoj jo slana7 dpaanmaru pup pa;aatap aq apfyanvuuof uva mop .ilam se sasuajaap jlsu 'smvu nap aunsodxa se :amsodxa ynm ,(paanp ,(jeA w pawns: si jlsu 'aauanbasuoa P sy -aygnd ivauQ9 ayu jo yultay ay3 3aa3wd w doyod 6jweln2aj anuunjasuw se pa3dopu sum 3nq'XJJUaynuaos Wmud uaaq Sou sey uondwnssu sjyy unuea 3wdopAn p jo Isu auuy u n ynm saujea uAouojea a o: aunsodxa ,(ue :uyj uonduwsse ay: uo paseq si swilouojea jo uoutinyall •suuwny ui jaauto osnta o: ,(Iasly si opXgapluwjoj 3uy3 apnlauoa w 'sa:pms uewnq wojj e3up pauwy put 'saI.pnjs lewwe wojj utp :uaunjjns si ajoy3 3eq: sueaw siyy •uAowauta alqugwd u sr ap,(gapluwjoj sallisstlo Vdg 'S'f1 aq.L ip:fuuvy ap,Cyaplvuuofn mop i33(i moqum sawoy w asoq: o: alqujedwoa'flluauA aju suonuj3uaauoa ap6gapewjoj 'Z861 w joud paliusuf sum I33fI ajaym sawoy ui 'snq L awu ynm auyaap I33f1 wojj suwssiwa ap,fy3piumj °3 786I jauje emjojye- UT SaIU0q w ,inaajja Ca n spjtput:s 3say3 jo uoiMuawaldwl woissiwwoD Bjau3 uUwojyuD ay3 jo spjupuu3s uontlnsw ay: jo asnna q ewjojyeD of sawoy uT pallusw Sway Xpuauna Sou si Id3fI 'suosuaj aunpnojd joj unoD itj0pa3 e Xq panoww uaay sey ueq siq: gSnog3[V 7861 UT sloogas pue sawoy ui Iddll jo asn ayj pauutq uwssiwwoD ,f3ajcS :anpojd j3wnsuo7 aqy sawoy apgow jo ajmaejnuew ay: ui pasn uaay suq put s,OZ61 ay: Suunp sawoy awos jo S3111AUa ilem ay: w palle:sul sum (I3df1) uouulnsw :uuoj apxgaplewjoj -vajn �apfgamlvuuoffo aaanos v mpofopfyaP7puuof-vaan r: sawoy yarym u/ 'swsaj apfyapluwoj- Iouayd uey: sa:tj uwssnua ja4Siy aceq suisaj aplyaplewuoj -uaj(j -apXgoplewjoj jo suunowt :uuapwRis asuopi uou op suisaz ap,(gaplewjoj- Iouayd a:ejodjoaui yaigm sjanpojd poom - passaud 'paum0tjnuuw ,(padojd jl -awq jam) slanal alquaa:apun w aseajaap ,(iouuipjo suoiss,w� -sate :anpoud ay st asua.nap put sjonpwd mau wojj usa42,y aju suoTssnua apfyapluwjo3 poom - passaud wojj su3 t se ja:vl pasualau ay un ap,fyaplewjoj aajj jo punoqu(I -ap64appwuoj- Iouayd uo op,(yaplumjoj -uaun se punoq si apdyapluwjoj Iie 3011 'suisal ay: jo uonanpojd ay ul ds�mpoad asayl woaf pau?uw apfyapjvuuof sj fr" be helpful in finding a contractor to do the work. Where UFFI is the source of formaldehyde, removal has been shown to be ineffective because the wood frame support continues to emit formaldehyde absorbed from UFFI. More Information? Publications: *The Inside Story -A Guide to Indoor Air Quality This publication is available at no cost from: Indoor Air Quality Information Clearinghouse P.O. Box 37133 Washington, D.C. 20013 -7133 Telephone: (800) 438 -4318 *Formaldehyde: Everytbing You Wanted to Know But Were Afraid to Ask This publication is available at no cost from: Consumer Federation of America 1424 Sixteenth Street, NW Washington, D.C. 20036 Telephone: (202) 387 -6121 ( A stamped, self - addressed envelope is required.) *A Consumers Guide to Manufactured Housing *Manufactured Housing for Families These publications are available at no cost from: California Department of Housing and Community Development Division of Administration P.O. Box 31 Sacramento, CA 95812 -0031 Telephone: (916)445 -3338 *Exposure to Formaldehyde From Indoor Air (ARBIRD- 90 -01) This publication is available at no cost from: California Air Resources Board Research Division Indoor Exposure Assessment Division 2020 L Street Sacramento, CA 95814 Telephone: (916) 333 -1504 Note: Telephone numbers and prices were correct at the date of publication of this booklet. Telephone numbers and prices are subject to change. SECTION III LEAD How is lead harmful? Lead is a common environmental toxin that was used extensively in consumer products, such as paint and gasoline. Much of that lead remains in the California environment where people may become exposed. Children are commonly exposed to lead through normal hand -to -mouth behavior, which occurs as they explore their environment. When children crawl or play on the floor, put toys in their mouths, or suck on their fingers, they may ingest lead dust. This kind of daily, frequent exposure can result in lead poisoning. Some children eat paint chips, which can cause severe poisoning with irreversible health effects, including brain damage, mental retardation, convulsions, and even death. As lead poisoning can go undetected, it may result in behavior problems, reduced intelligence, anemia, and serious liver and kidney damage. Children under the age of six are particularly susceptible to lead poisoning. Lead is harmful to adults. Lead poisoning can cause reproductive problems (in both men and women), high blood pressure, diges- tive problems, nerve disorders, memory and concentration problems, and muscle and joint pain. Adult lead poisoning is most often the result of occupational exposure, or exposure following unsafe home renovation. COPYRIGHT ®1996 Property I.D. Corporatioria AN rights reserved. No part of this pubNeation may he reproduced, stored in a retranal system, a transmitted, in any Vrupertp 1XID. OF CALIFORNIA form by any means, electronic, mechanical, photocopying, recording, or otherwise, wilfrout the prior written permission Page EH 9 of Property I.D. Corpora" COPYRIGHT is not claimed as to any part of the original work prepared by a federal or state officer or employee as part of that person's official duties. 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If your house has lead hazards, you can take action to reduce your family's risk. First and foremost, if you have young children, be sure they are tested for lead. This is particularly important if you have recently renovated or remodeled your home. Second, keep your home as clean and dust -free as possible. Clean floors, window frames, window sills, and other surfaces weekly. Use a mop and regular detergent for cleaning. Use paper towels to clean windows and window wells. Wash children's hands often, especially before meals and bed time. Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly. Feed your children nutritious meals with foods high in iron and calcium. Give children regular meals and snacks. Children with full stomachs and nutritious diets tend to absorb less lead. How can I significantly reduce lead hazards? In addition to dust control and good nutrition, you can temporarily reduce lead hazards by repairing damaged paint surfaces and planting grass to cover soil with high lead levels. These actions are not permanent solutions and need ongoing attention. To permanently remove lead hazards, you should hire a lead "abatement" contractor. Abatement methods include removing, sealing or enclosing lead -based paint with special materials. Simply painting over lead -based paint with regular paint is not enough. To permanently remove lead hazards, hire an individual or contractor who has been certified by the CDHS. CDHS- certified indi- viduals have the proper training to do this work safely. They have the proper equipment to clean up thoroughly. They will employ trained and certified workers. They will also follow strict safety rules set by the State and federal government_ These safety measures will protect you and your family from lead hazards. What are my responsibilities if am seUink rentin& or remodeling a home built before 1978? If you are planning to buy, rent, or renovate a home built before 1978, federal law requires sellers, landlords, and remodelers to disclose certain information prior to finalizing contracts. Landlords must: 1) Disclose known information on lead -based paint hazards; and, 2) Give you a lead hazard pamphlet before leases take effect. Leases will also include a federal form about lead -based paint. Sellers must: 1) Disclose known information on lead -based paint hazards; and, 2) Give you a lead hazard pamphlet before selling a house. Sales contracts will also include a federal form about lead -based paint. Buyers will have up to 10 days to check for lead hazards. Renovators must: l) Give you a lead hazard pamphlet before starting to work. If you want more information on these requirements call the National Lead Information Clearinghouse at 1 -800- 424 -LEAD COPYRIGHT ®1996 Property I.D. Corporation, R� All rights reserved. No part of this pudication may be reproduced, stored in a retrieval system, or transmitted, in any Prepatp 309. OF CALIFORNIA® form by any means, eledraic, mechanical, pho aco� ng, recording, or oftivise, without the prior written permission Page EH I I of Property I.D. Corporations COPYRIGHT is not daimed as to any part of the original work prepared by a federal or state officer or employee as pad of that person's official duties. sapnp p!DLgo s,uosied legl W ped se aadoldwe io iaiwo T tills io ryuapy a Aq paiedaid iliom leufto agl jo ped due of se pawlela lou s! 1H`JIHAd00 ®uogeiodioo o l Apadmd t VINNOdI'fvD 30 • L77t• (Y d.�aa (1��•�ll� Zi H3 d It uoissluied ualwmioud agllnogpm' eslmlayloio' 6ulpiooei' 6ulAd000logd 'puegaaw'oluoAOala'suetw Aue Aq wiol VL 1L dC An ul'pagusmi io'walsAs lenaulai e w ptiols'peonpoidai aq An uopeollgnd slyl to ped ON peNasai SIAJ IIV ®uogwodin (] I Apadwd 96610 IH0I8Ad00 '2uigwnid piogasnoq aqi wwj pagotal 2uiaq peal aqi w Pup iaium dti aqi ui (nddw io) ptal ui sPmioui w siinsai ii uagm uwsoiioo Iwwoa w uounu Pnnnaiioa aiiei w tie swaisds iaitm aggnd •aaanos ay it nitm aqi jo diilunb ay utyi iagiui dui plogasnoq aqi woij sawn ii se iaium aqi jo dnitnb aqi w saiiddu aini sly 'pitpuuis iaium 2uiilunp piapaj iagio Xue aifgun 'Z66I `[ .vtnuu( uo annnajia aweaaq gxgm alnd iaddoD put peal Itiapaj ayo pait2inwoid Vd'd •S•(1 P 'nej siyi uo paseg '2wgwnid plogasnoy woij pognual 2w aq pual aqi jo gnsai aqi si iaium 2unimip w peal jo aamos uowwoa Plow qnw V 'aiweu ul intwweinon u dpuanbaijui diuo sr peal taws iaium aamos ui papaanxa aq of lanai sigi ioj till than sum it woypg sad siiud 0S sum pitpueis sigy'diipw iaitm aqi Aq pasn 2uiaq iaitm aamos aqi ui pual jo ia''PI aqi uo paseq sum iaium 2u9uiip w peal ioj piuputis Pyi '(IPuwslH d.raivm 2.gpup u: afvs pasapuuoa n peal fo laaal tv" 'tail mod 2UTAIPS diynn iaitm aqi wwj pauiuigo aq dew 2u!gwnld piogasnoq woij pagntai 2waq peal m ilnsai duw gnigm 'iaiem plogasnoq jo diinisoiioo aqq uo uontwiojul -2unpi aidwts ioj sawpanwd iadoid ago uo diwtioqul ago qnm gnsuoD (•suouunggnd aas 'sapoiwoqui pigniaa jo isil t iod) 'SHAD ago Aq pagliian diweiogel u w paiiiwgns aq dew iaitm jo saldwus'paiaadsns si iaiem 2uniuiip ui uontuiwewoo pealjl �pautuuaJap aq .iatvm ur slanal pval uva mog Buinlossip woij ptal aqi swanaid `duuuoa sigi fadid aqi apisui 2uiieoa a wioj w `ijos si iaium Pip aiaym idaoxP 'iisodap itiauiw wainijjns oq uta aiayi sivad any IaijV uonannsuon iaojt sita.( anij isiiy agi 2uimp isag2iy aq w (jaipl Pit sawoq asagi woij iaium w pual jo slanai agZ'iaplos peal asn itgi swaisds 2urgwnid u!tiuoa dtw 5861 w ioud ilwq sawoq dutw 'ianamoH '8861 ui pauutq sum s2uipl!nq put sawoq m suwitailddt 2uigwnld ui iaplos paseq -ptai jo asn agy'K61 aiwag ipwg sawoq w dpo punoj (I[eiaua2 air sadid pea-I -salno -xij Swgwnid sseiq twos put °sadid iaddon uo pasn iaplos ptai 'sadid iaitm ui peal aq w dlaipl isow si iaiem ui ptal jo aamos aq j daatvm u! pval fo amnos aqi st avgAj WK-05Y (0 10 it gnueig uouuanPid 2uwosio l pua-I poogpl!gD SHd:) aqi iTun suoneln2ai 2mpuad asogi uo uonewiojui Plow iod '2uisnoq piumo dlaiunud awos w iwtd pasuq-pual jo itnowai iolpuu 2unsai aitpuew dun iegi 2wpuad dlwannD tie suouein2ag esp•IT q peal atvgv oil pa gnbai saaumo auV •suonunovai iaijt put 12wmp 'aiojag op w ieym suitldxa awgnoiq sigl ' awoll wok 2uyapowa-d uagm spitztH peal 2uinnpag , awynwq aqi ioj >IsV '(FyH7 -yZy -008-1 2uglen dq sawseaw diajus iayio inoqu ino pug uua nok pauuaia dpadwd uaaq stg wait ayi put 'paiajdwon si iiiom Inun awoq mod jo ino (uawom wtu2aid put uaippgn diiu!n)dsa) dliwuj mod avow w iutiiodwi si it '>[a!s than dpwtj mod aiitw uua put 'Puop s! Sliom aqi iaijt 2uol awoq mod w uiewai uta isnp pual siyl 'sawnj put isnp ptai snouosiod jo swnouie 32itl Piton suonou asayy -wind paseq -peal anowai of un2 ieaq io 'gnioi auudoid iapuus-ilpq 'ioduns dip a asn ianaN uwneiinoa IO Itnp!AlpUi paynnD-SHQD t aiiq'spitztq voiitnouai ajtsun woij diiwuj mod mind dlin3 oy'isiy iwud paseq -peal ioi tail aqi isai (sliem ino 2uutai io 'iumd 2uipues io 2wdtns su grans) sanejms paiwtd gwislp ipm iugi suogenouai io 2wiapowai dut ui23q nod aiwag lawoq km 8uilapoiva a uagm agvi I pjnogs suounvioad ivglAl The water system is to take such action when the concentration of lead in a first draw tap sample (collected after the water has stood unused for at least 6 hours) exceeds 15 parts per billion in a specified percentage of the homes designated as being most sus- ceptible to corrosion of lead from household plumbing. How can levels of lead in water be reduced? Lead levels can be reduced by removing lead piping or solder, by installing a home treatment system certified by the CDHS, or regularly flushing each tap before consuming the water. Another alternative for homeowners is to purchase bottled water. Home treatment methods that are effective in removing some or all lead in water include distillation and reverse osmosis. The cost for a home treatment system varies depending on the type of system and whether the system is designed for a single tap or the entire house. A more detailed discussion of home treatment systems is presented in, "Consumers Guide to California Drinking Water" (see Publications). Where there are elevated lead levels in water, homeowners who choose not to install a treatment system or use drinking water should flush each tap before the water is consumed. Water which has been standing in the water pipes for more than six hours should be flushed from the tap until the temperature changes and then about fifteen seconds more. Because lead is more soluble in hot water, the homeowner should not drink or prepare food using hot water from the tap. The flushed water should be saved and used for non consumptive purposes such as washing clothes or watering plants. More Information? Hotlines: *For more information on lead in drinking water and federal regulations about lead in drinking water, contact the U.S. EPA Safe Drinking Water Hotline in Washington, D. C. at: Telephone: (800) 426 -4791 *For more information on how to protect children from lead poisoning contact The National Lead Information Center at: Telephone: (800) Lead -FYI [(800) 532 -33941 *For other information on lead hazards, call The National Lead Information Center's clearinghouse at: Telephone: (800) 424 -LEAD [(800) 424 -53231 *To request information on lead in consumer products, or to report an unsafe consumer product or a product- related injury, contact the Consumer Product Safety Commission: at: Telephone: (800) 638 -2772 *To request local lists of CDHS- certified inspectors or abatement workers contact the CDHS Childhood Lead Poisoning Prevention Branch at: Telephone: (510) 450 -2447 To request a list of local county health department lead programs, or a list of certified labs, contact CDHS Childhood Lead Prevention Branch at: Telephone: (510) 450 -2424 Publications: *List of Certified Laboratories to Perform Hazardous Waste Analysis This list may be obtained at no cost from: California Department of Health Services Environmental Laboratory Accreditation Program 1625 Shattuck Avenue, Room 101 Berkeley, CA 94704 Telephone: (415) 540 -2800 COPYRIGHT@ 1996 Property I.D. Corporation® All rights reserved. No pan of this publication may be reproduced, stored in a retrieval system, or transmitted, in any 30ropertp 31.210. OF CALIFORNIA* form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the priorwntlen permission Page EH 13 of Property I.D. Corporadortt COPYRIGHT is not dammed as to any pan of the original work prepared by a federal or state officer or employee as part of that person's official duties. 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(-paapiaaaddp si adolanuo passaappp jlas 'padwpas V) Z44Z-0s4 (015) XVd 644Z-OS4 (015) :auogdala•L 80946 VD 'alpn.faawq 009 cams `anuanV anslagD 1085 wea2oad uouuaeaad 2ulut'"d peal poogppgO saDTAaDS galeaH jo auawaaedaQ tivaojgeD :wolj asoo ou at 'gswpdS put gsilOuH w algeppne si uoneaggnd siltl utalgov Aunmwoq V - uatpim ug Xt luostot7 pva7, 1692 -M (008) :au04doloj 6480Z QW 'alpAgomd 1609 XOg O'd aasn Qf1H saDlAaas uOUewaOjul (QflH)auawdolanaQ uegan put 2uisnOH jo auawaatdaQ :woaj 00's£$ aoj algeptnt si uoneoggnd siq j 8unnog uvgpu7 puv arlgn(I u: suau mw puv uossvaOuap7 aa=v& Btgjz xuQ jno f u: Pva7. pavavll .tof sazg7ap!nq ueuerul :Vulvd P wff -pva7, SECTION IV RADON What is radon? Radon is a naturally- occurring radioactive gas which is formed from radioactive decay of radium and uranium. Since radon cannot be seen, tasted, or smelled, special instruments are necessary for its detection. The unit of measurement for radon is picocuries per liter of air (pCi /L). Where is radon found? Radon is typically present in rocks containing uranium such as certain granites and shales. The amount of radon that can enter soils and ground water depends on the concentration of uranium in the underlying rock. Radon can also be found in the air at very low concentrations. In California, outdoor levels of radon range from 0.0 to 0.05 pCi /L. Radon gas can also enter and concentrate in homes and buildings. In the United States, the average level indoors is 1.5 pCi /L, but radon levels have been found to range from 0.25 to over 3,000 pCi /L. Surveys in California indicate that elevated annual average radon levels are uncommon, and will occur in about 1 percent of homes. The CDHS conducts studies to identify the geographic areas of potential concern. How is radon harmful? The U.S. EPA classifies radon as a known human carcinogen. Long -term exposure to high levels of radon may increase a person's risk of lung cancer. It is believed that tobacco smokers who are exposed to high radon levels account for a large percentage of the lung cancer deaths believed to be associated with radon exposure in the United States. Therefore, the risk is substantially less for non - smokers. Exposure to radon does not result in any immediate symptoms. For example, it does not result in acute respiratory effects such as colds or allergies. Any cancer resulting from inhaling radon is not likely to arise for at least 20 -30 years after exposure begins and both the level of exposure and duration of exposure are factors which determine the risk of developing lung cancer. How does radon enter the home? The main source of radon is the soil from which radon gas enters the home through cracks and openings in concrete slabs, crawl spaces, floor drains, sumps, and many tiny pores in hollow -wall concrete blocks. When the pressure within a home is lowered, more radon can be drawn from the soil and enter the home. Indoor air pressure may be lower during colder months when heated air rises from the floor level to the ceiling (or second story) level in the house. Indoor pressure may also be lowered in tightly sealed houses through use of exhaust fans such as those in many kitchens and bathrooms. If radon is present in tap water, it can be released when water is used indoors, such as by showering, washing dishes, or washing clothes. Water as a source of radon is of most concern when water is obtained directly from a well that draws water from a source exposed to uranium and radium. Most of the radon in water obtained from a surface source, such as a reservoir or well water stored in an open tank, has been released before it reaches the home. Building materials are not a significant source of radon except where they incorporate rocks rich in radium or uranium. The use of these rocks (typically granite and shales) in construction of homes in California is rare. Where are the highest levels of radon in the home? Generally, the living area closest to the soil surface has the highest level of radon. Upper stories have lower levels of radon. Consequently, radon is rarely a concern in high rise apartment buildings, other than at ground level. COPYRIGHT 01996 Property I.D. Corporation® 7I� All rights reserved. No part of this pudicafion may be reproduced, stored in a retrieval system, or transmitted, in any Propertp 33-1101. . OF CALIFORNIA ® form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission Page EH 15 of Property I.D. Corpotal"COPYRIGHT is not claimed as to any pan of ft original work prepared by a 1 or state officer or employee as part of that person's official duties. sagnp pDWo s,uowad legl M Ued se mfkgdwe io Jaogo ' alels io!wapy e4 paiedoidipwjew6po a41 10 Ued Rue of se powie!o lou s! 1HOIHAd00 euo4eJodioo �Og AUadwd OVIN'dOM Jd0'RTZ'(i d�aa�ol� 91 H3 329d to uo!ss!uued uapm loud 9411no4uM' aslnuaylolo '6u!pioaei'NoAd000loLo Ieo!uegoaw'owiloa!a'sueew ke Aq wig (LL 1L An g'pa4!ws=I w'walsAs fwUllZj e g paigs $oonpwdai aq Aew uo46l pnd s!yt Jo Ued ON paniasai s146p Iltl au04e]odiaJ'0.1 AUadold 966101HENUM00 w asnoy ayI wolf alowaz sraie w pazraol Jo PapjaigS ay Isnw 13IEM plogasnoq w uopw anowai w pajjelsui shun DV9 'sn41 sAraap uopeJ aqJ se aA]Iaeoipri s;nuwaq nun ayI `uun DV9 ayl w sairjnwmDr uopti sV (•SHGD aql Aq payuiao ay pjnogs shun DVD) asnoq ayl guuazua auy Jairm aql uo (nun U09M palennar Irjnm12) DV9 t jo uonrjjtlsui Aq lnaalad 66 Aq poDnpai aq uro Jazrm w sjanaj uopud dpampat aq "Jvm us uopvi fo slaaal uva mpg '008Z-0y5 (S 10 It SHAD ayi jjea'sauoltJOgtj paiyniaDjo ]sij r urelgo o1 -[ramp si uouoajjoa ajdwrs jo poylaw ay mp pazrseydwa aq ]snw it adAl llam put raze oyl w aleudoiddr sisAlrut Jalrm jo ad/o ay] uo a3utpin2 Joj 80ZZ-Ki (916) It la8tutw wwAoid uopti SHAD ay] ynsuoa pjnogs slaumoawOH ualrm w uopeJ JOj ]sal 01 pagilnD AJoltJogtl r It ajdwts Jairm r nwzAjeur Aq pwnsraw iq Aew uoilrlivaauoa uopri aqi 11PM aJCAIJd r woJ{ sawoa JaJEm Dip ji -(y xipuaddy aas) luawArul!W jewawuonnuH put JaltM `dunjuuQ jo uosssASQ SHOD ay1 ntwoa 'sijnsaJ mi 2una]dniui w a3urlsisse Jo uoarwiojui aJow Jod witm aqi sayddns yaiyM Autdwoo nirm ay woJj paujrigo aq ueo v uo ouop sisal uopw Aur put Jairm ay jo aaJnos ay inogt uou - rwiojui 'walsAs Jazrm a wolf sawoa Jairm ay jj •isa] Ja1em a JapjsuoD pinoys siaumoDwoy `-j/jDd p paaaxa uopeJ jo sjanaj Joopw uogA\ duopvl sof patsat aq aa1vm pjnogs u " '9£ZL-Saz (008) It auTPoH wtJSwd uoprH SHAD aql woij siolaenuoD uoil dmw uoprH jo Isi7 tiwojijrD ay] se ajgtjmAt si wrJ20ld (did) Aouauywd OIDE'ImD uoptld rwiojijeD aqI jo smawannbaJ ayI Iaaw Oym siolarnuoa jo isij y 'mut8mw uopti Joj asuaaq r anssi saop riwojgrD jo aitlS aq L •wars is uoudiu a ay jo sajdiowid aqi spueisiapun Ajjnj JauMOawOy ayI ssajun waasAs UOnU213iw uopri ayi ljrisui pjnogs Jwatnuoa paggtnb y anuaajja suirwaz uouduiw ayi IryJ AjuaA o1 sleA Sun Jringoi w pazouuow aq sjanaj uopti lryl papuawwoDaz si IT 'waisAs uopd,j,w t Suiijrlsui loUv woo put `pannbaJ uonanpai uopeJ jo main 'asnoy ayi jo uonannsuoa ayI uo puadap 1pm uasoya poylaw uour`dinw ay1 . -jll:)d 5 Jano uopeJ JO janaj aBeJanr jenuut ue sey iryl awoq Am ui sjanaj uopti aonpoi of ldwaiw pjnogs mumoawoq lry] puawwoaai SH(J:) put Wd:d •S'n ay.L esla'al uopva aoopu= ampaa of paambaa aav morjrav tvgA '9£ZL-w (008) It auljloH weleoJd uoprH SHOD aql 3uiljra Aq pawrigo aq Arw y iqm' sauwelogr•j auawaznseaYl uopeH payuJaD jo isi-I BiulojgeD ay ui palsy air vuJojgrD ui ssauisnq op ltyi saiurdwoD asogl uopeJ oinmw w Paso sa Wp wawazno;nu ay jo sisAjtur ayI ui ivauywd an poujwxmp sey a gDigm sawrdwoa asoy] jo isy r sogsygnd SH4:) a41 ipjigmgo aq sao»atap uopvi uva aaaq/j 'MX r Jano aprw s wwwnseaw woj pauiu naa p Alalrinaor wow aq aeo ijsu gllraq `imivanuoa wow azr sjanaj uopri jo smawaznmw wal -1Jogs g2noyljy -suopDmisui s Ja anMjnurw ay] molloj Alpyaira pjnogs Jaumoawoy oyl `sllnsai DuunDar unelgo o1 uamod Jo A]IApar `duioRuo ou winbw iry awn jo pouad U Joj aorjd ui ljaj saainap WE sioJaalap PATMd siol=ap uopeJ Poised jo sadAl jeJanas Ag paJnMul ay ura asnoq t ui uopeJ jo janaj aq1 dpainsvaw aq slaaal uopva uva mog ainsodxa uopri grim pair -posse astasip `dunj of Joi3tj Juunqumoa aBJrj r aq Arw nuiijows wy1 p3naij39 osjr si li wDura 8unj Juidojanap jo >Isu ag1 guiwwlalap w luruodwi air m ay ui uopri jo janaj ayi put pajrqui si uopri yaigm 8uunp awu jo y 2ual Dip giog ssajwJry si yaiym janaj uopeJ t auyap w rlrp waJagjnsui si Dn4i Jaaura dunj 8uidopa p jo ajsu ayJ Jaleaig ayi uopti w ainsodxa ayJ Jaiv?A ayi ]rqi snsuasuoD si magi gOnogi)d �uopva fo la^al afvs v aaagi sj .aptw oq ]snw swawainseaw'asnoq irinanird Aue w sjanaj uopri auiwialap w Japio uj •sjanaj uopui awes ay] anrq poogiogqdiau awns ay UT sasnoq leyJ pawnm ay loumo u 'asn put uwlonnsuoa asnoy w saauaJajjip put lios jo waium unumin ayi jo AlgigtutA ay] jo asneaag �uopva fo slaoal avpuys anvq sasnoq owovfpv oQ protect occupants from radiation. The GAC filters also require special handling during replacement and disposal. Aeration may also be used to remove radon from water. This technique may be more costly but avoids the problem of radiation build up. Information regarding removal of radon from water may be obtained from the CDHS Radon Program Hotline at (800) 745 -7236. Selection of the proper water treatment technology depends primarily upon its removal efficiency (other contaminants in the water may adversely affect this), safety, initial cost, and operating and maintenance costs. Therefore, professional guidance is strongly advised. Does the law require mitigation? Mitigation of radon is not required by law and is at the discretion of the homeowner. More Information? Hotlines: *For more informational publications on radon, for informa- tion on how to purchase a radon detector (California List of Certified Radon Measurement Laboratories), for information on how to have someone test your home (California List of Certified Radon Testing and Consulting Specialists), for information on how to fix your home (California List of Certified Radon Contractors), call the CDHS Radon Program Hotline at: Telephone: (800) 745 -7236 *For specific assistance, call J. David Quinton, CDHS Radon Program Manager at: (916) 324 -2208 Publications: *Radon in California *A Citizen's Guide to Radon *Homebuyers and Sellers Guide to Radon These publications are available at no cost from: California Department of Health Services Environmental Management Branch Radon Program 601 N. 7th Street P.O. Box 942732 Sacramento, CA 94234 -7320 Telephone: (800) 745 -7236 *The Inside Story A Guide to Indoor Air Quality This publication is available at no cost from: Indoor AirQualiry Information Clearinghouse P.O. Box 37133 Washington, D.C. 20013 -7133 Telephone: (800) 438 -4318 * The Radon Reference Manual (PB- 88196654) This publication is available for $21.95 from: *How to Reduce Radon Levels in your House National Technical Information Service *Model Standards for Radon in New Residential Buildings 5285 Port Royal Road Springfield, VA 22161 Telephone: (703) 487 -4650 Note: Telephone numbers were correct at the date of publication of this booklet. Telephone numbers are subject to change. COPYRIGHT 019%Property I.D. Corporator@ All rights reserved. No part of this putfication may be reproduced, stored in a retrieval system, or transmitted, in any Propertp 3.21U. OF CALIFORNIA ® form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission Page EH 17 of Property I.D. Corporations COPYRIGHT is not chimed as to any pad of the original work prepared by a federal or state officer or employee as pan of that person's official duties. Sapp lelawo s,uoslad legs to ped se aaAgdwe ]o iaowo alels ]o fmopel a Aq paiedoid )pm lewho up to lied Aue of se pawrelo IN sl 1HOIHAdOO euogwod]o�'a I Apadoid . V INHoj ,Jv� d0 • ,t 8i H� aid louolssluueduapumloudau, lnogum' aslmiaglo] o' 6wplooel' 6utAd000logd' Imu egoaw'guo]loale'sueawAueAgwol d�aadoa Ale u!'pawwsueq io'walsAs leneula] a ui palols'peonpwda] aq Am uogeolpnd sl4l to ped oN pemasa] slgfiu IIV euolleiodioO.O.I Apadmd 96610 iHOIbAdOO -prig sl nafoid aya layaagm Suilmipui wawalms pauSrs E nwgns w put lsr aq gnsuoa w aafOid uwdianp E loj ]ualiddE uE sannbal mei aeS -mvis ag dq payuuap! sans snoplEzey asay] jo saouaSE iEaoi ]uiojul w sr rill slga jo asodlnd agl -aisum snopEzeq jo uopEigiw umo" E si alay] golgm wwj sggpurl /=TMs put 'sluri aSElois punoiSlapun Supieai 'siiam paiEulwmuoa 'salts aisEm snopmrq Suipnpur 'uw]ojriE:) ur Sal is waigcmd aisem snop=4 jo sisg aya jo now sa]Epiosuoa asri slgl ,(suoneaggnd aas) Is'] asaalo:)„ aga se umO" dpuindod "llsil sa]IS murngnS put a]seA-, snOpIEnH alp sulE]urEw wElgOid Iuawa2CUENi E]E(j iElla]Ei^i snopiEzEly (Vd3 PD) dauagy UOl]:)D]Dl i iE3UawuollAU3 E1ulOjlp'.D agl BlulOjrp:D u1 salts aSEm snoplEzEq jo uolamol put snnis ay] uo uoiirwlOjul jo saamos pu2Aas aIE Wall'awoy E jo IIIUOIA ayl UI saM am snopi=q ]nogr uoiirwioj UI umgo OSp; dEw mmoawoq Dmiaadso]d y (SUOUeDggnd aas) aaEas3 pa-d jo auawileda(j riuioj!pD ay] woij aigEiiEAE •.suoimsurid, da]adold fEag ui samsopsi (]„ ]apiooq ay] ui paquosap si amsopslp a]e]Sa iEal UO UOuewiOjU1 irUOUlppy'lalEm l0 pOS paaEUiu]EIUOO lo/puE 's1 uE] aSElws 1tDiwagO So iarlj 'iumd pasuq -peal °uopei 'apdgapiewloj °so]sagsE se yons splezey iE]uawuo]IAUa AM seg daiadoid ay ityl aIEmE st ays jo ay ]ayaaym asoiosip w pallnbai s! 1a1las a'mei anus aapun •d]Iadoid iEal jo siaumoawoq anpaadsold o] spew aq o] salnsoimip uanpm ulEVaa sailnbal mEi amEi laws ossnm snopivavy v'(I paszaffv n ausoy v iagjaym ouru sap sau noamoy anrsaadsoad ays um moH •roawuwmua ay ao ypeag aggnd o) asod sans ay] qsl] ay mutwila ]O aanpal O] SI Sans a]seM snoplEzeq It SPOIAUOE uoudmw put dnmaia alts jo asodlnd Anuiud aqL •swaigwd aasem snoplezuq aSuuuw ,(iannaajia w 'sivawaledap ygeaq ieaoi put splzog iolluoD daguna lane&, icuoiga-d ulwojlie:) aya su gons 'Pj:)ua5v a]uas layao put yd3 -S-fl ynm dpulof glom Dsl(j -(:)SLQ) ionuo:) saaumsgnS alxol jo wawneda4 vulojgrD ay] dq pawawaidwi si gaigm puryladnS areas u lapun sans Iayao jo spalpunq jo dnueap aqa Suoaslano puE 2UpeS11 -saAUI si uivaojip:) •uIvigold puryadnS aya Iapun pasodold sans aya jo dnuuap asivadns w yd3 •S'Yl pmijoganE mEi punjladns plapaj aqL •Elulojlp::) ui pagpuap 0S asowie ynm'dnuuaia puapaj aoj apmuoueu sans 0001 anogE paOjm suy yd3 'SYl aql isasrs assvm snopsvzvy du uvaP puv asvaa/ os 8urop vruaofrjvD sr svM -pue[ uo dpoalrp gwdwnp ieSaip jo 'sipds aasem snopezuq 'Spuod JO Sii9pMj paurEauoa I(ilood 'swnip ]O s] uEa aSEloas punolSlapun SuniEai g2nOlga lnaao uea saseaial aasEm snopluzeq asagl -11E ay aingod put 11D) Em aaEjlns jo punoa5'pos aaeuimmuOO put ivawuollAua ay oaui aduasa duw paSEUEw dpadold aou si galym aasem snopiunH -aasum snopiraq loj diuo pauSlsap ii3pMj jo adda ieoads u wul iesodsip Io'aSEIOIs luawaean loj salagoej aals - -jjo w Bonn dg paddigs si lapumwal aqL •dagoEj aga 3v jo pasodsip jo paean si v jo asow 'aasEm snopezey jo uonElauaS aya Suimollod •lead kmAa EruiojriE:) w paaEiauaO alu aisem snoplezey jo suw uogpw OZ IaAQ -sdogs wild put siauealo dip sE gons sassauisnq Iailrws put 'ssuolraaia 'lEOiwagoonad 'sd put po sr Bons sap] -Snpn lualajjip duEw dq pairiauaS sl alsem snOP'VZ ..I 'anuJeal In 'aigenu5! 'aA1Snll Oa 'Olxw aq XEw a iuya alE snoplEzuq amm u aiiew golym SmSila]JEIry agl']uawucuTAUa ay] a0 gi[nq Mwnq wnq Ol pnaualod oy sEq garym aisEm E suntu a]SRm SnOplEZEH �sasmm snoprvavy aev IV" 3•LSdM snou)rvym A NOI LOGS DTSC maintains a list of state and federal hazardous waste sites which are currently scheduled for mitigation called "The List of Active Sites': The DTSC database of potential hazardous waste sites (Cal- Sites) contains information about 5,100 suspected and confirmed sites. A portion of these sites have been classified as needing no further action. All of the active sites on the Cortese list are reported pursuant to Govt. Code Section 65962.5. The addresses of many federal, state, and local agencies that manage haz- ardous waste programs are listed in Appendix A. In addition to the information contained in this booklet, a homeowner or prospective homeowner may hire a registered environ- mental assessor to further investigate a known environmental hazard at a property. To obtain a list of registered environmental asses- sors, contact Cal -EPA, Office of Environmental Health Hazard Assessment (OEHHA), Registered Environmental Assessors Program at (916) 324 -6881. More Information? Hodines: *For information on the federal Superfund program and the *California Department of Toxic Substances Control National priorities List (NPL), contact the U.S. EPA RCRA Database of Hazardous Waste Sites (Cal- Sites) Superfund and EPCRA botline at. Telephone. (800) 424 -9346 Publications: *Disclosures in Real Property Transactions This publication is available for $2.00 plus tax from: California Department of Real Estate Book orders Box 187006 Sacramento, CA 95818 (Mail orders only; a self - addressed envelope is required.) This database is available as a 9 track reel -to -reel computer tape. It is available in two versions: Summary and Detail. The Summary version lists site, address, city, status, and DTSC I.D. number. The Detail version contains all information in Summary version as well as all background data contained in the database. Summary (one tape): $125.00. Detail (eight tapes): $1,120.00 These tapes are available from: California Department of Toxic Substances Control Site Mitigation Program 400 P Street P.O. Box 806 Sacramento, CA 95812 -0806 Telephone: (916) 323 -3400 *Hazardous Waste and Substances Sites List ("Cortese" List) *List of Registered Environmental Assessors This list is available for $50.00 from (below): *List of Leaking Underground Storage Tanks This list is available for $75.00 from: California Environmental Protection Agency Hazardous Materials Data Management Program 555 Capitol Mall, #235 Sacramento, CA 95814 Telephone: (916) 327 -1848 This list is available at no cost from: California Environmental Protection Agency Office of Environmental Health Hazard Assessment Registered Environmental Assessor Program 601 North Seventh Street P.O. Box 942732 Sacramento, CA 94232 -7320 Telephone: (916) 324 -6881 COPYRIGHT 01996 Property I.D. Corporation® 7I� All rights reserved. No part of this publication may be reproduced, stored in a retrievd system, or transmitted, in any rup ertp i1. B. OF CALIFORNIA s form by any means, electronic, mechanical, photocopyi g, recording, or otherwise, without the prior written permisaon Page EH 19 of Property I.D. Corpomtion®GOPYRIGHT is not daimed as to any pan of the original work prepared oy a federal or state officer or employee as pan of that person's official duties. sagnp pop s,umad help {o Ued se aadoldwe jo mg10 alels io �wapal a Aq penclaid tlm pui6po ayl to ped Aug of se pawiep lou si 1HOISAd000milmodioo (j I Apadmd ®tlINNOdI7tl� d0 OZ H3 aid jo uo.m!wjed ue4um joud ayl lnoyuM'asuva po io'6u piosai 'WAd000loyd'�weyaaw'aivalaah 'sueaw Aug /g wio @g • f d1aa doa Aug ui'paAiwsuelj io'u*AAs pmai a W. pelols'pampmdai aq An ugjza jgnd slyl jo 11A oN'parmsw sjg6) tltl suo9erodjo0.(I I AIWO d 9661® dHOIBAdOO - gluowu3t y33m paxtw uaym pug 'snouosiod sr youajq 'Ptdu a Sod •Aum auo usy3 a3ow ut snoptzty Pit s33npwd awoS -snop3tng si 3onpo3d Pcp 3gy3 Pimpur ,ajgmm$ pug ' aixol,, "jgvwwBU ousneo sp3om Pq L •jagej numuoa 343 uo punoj aq ma sauiadoid snopmrq s 3anpo3d a 3nogt uongw3oju3 Xjjt3auPD snopienq sl 3onpo3d ay3 uay3 'uonsanb 3(ut w sPA,, sr 3amsut ay3 jj inmpoi,f aagso yd:m paxnu so pajjrds paaoss flaadaidw! n sr fr apojdza q pjno,?, �aarsouoa sr SL j lyva asrukl tr Sa0a. �pajvgur to pagmos pawaAq uaym snouonod tr sj, •suonsanb asag3 3jse 'snopinq sl oanpoid u iacpaym auiwniPp oy vnup ay3 umop 3o sueo 4m] w swsum snop3 q jo suns p3eosip sutiwojijg0 Sea f gala 'sQssaaold jennsnpur yum p33eposse si sQmm snop3ezey jo uong3au32 y2nog3jV .12ueyo w laa(gns Pit saoud put s3agwnu auoydajay'3apjooq s3y3 jo uoneoggnd jo a3ep Pip it 3oaum a3am saoud put s3agwnu auogdajay :PION 8611-844 (916) :Puoydajay 41856 VD '0311aurz3aeS OSZ# arms 'Iaal3s g 4141 :uorssrwwo0 3uawu3an00 je0o -j :wo3j 00.4$ 30j ajgtjmnu sr uougarjgnd sry L 3a3g& 2unjuoQ trwojyED w apjn0 s 3Pwnsuo:), 08OZ-09Z (ZOZ) :auoydajay 89402 'D "Q 'uw2wysuM MS '33Pl3S w I04 3a3uPD uonuw3ojuj oggnd doua2V uona9303d je3uawu0'3nu3 •S•rj :wo3j Ism ou 3u ajgtptnt Pie suonta3jgnd asaq j iafvs aaivgl Suzgz rua sno i sl, sa=svAJ snopnrzvH :aapun0s4av8 jMWWUoarnug, jatsvm snopsvzvg pjogasnog n svM 31SM SCIOOIIVZVH Q IOH3SfIOH IA uo!"aS 68Zj-£SS (90Z) :PuoydPpl ,(Itlgl"j PplgaS lssz -792 (ZIZ) nuogdajay n3u3gi7 3pok maN ,(0s32V uonaa3wd jeu"awu03x'ug Yn uo ZOOjS OD olgPnd 001 x08'Od Q£ nlu30 u0new30juj 3awnsuo0 :wo3j 3soa ou it ajgepunu st uoueaggnd sjq L spavzvH linuamuo"aug of aprng s,aa4mff amoH V, OOZZ -117LS (916) :anogdajay 09956 VD 'spurlOH 473ON Slot %08'08 anuoAv neAN S194 suoueoygnd put swawmo(] saaiAIPS je3aua0 jo 3u3w33td34 ew3o3yu0 :wo3j 06'6$ 3oj ajgtjrenu si uoneogynd si41 SaoUvssgnS arxoj fo wafy q-VV H aw uo saarnosoe puv samarafajj nCsovxala sarxoj aw. based cleaners releases hydrazine, a poisonous gas. Other examples of household products which are hazardous are listed below. In many cases, non - hazardous materials can be used instead. Examples of household hazardous products are: *cleaning products: ammonia, drain cleaners, rug cleaners, oven cleaners, metal polishes, and bleaches; *garden supplies: weed and insect killers, rat poison, fertilizer, charcoal lighters, kerosene, and gasoline; *automotive supplies• antifreeze, motor oil gasoline, batteries and brake fluid and *paint supplies: paint varnish, paint removers, glues, and wares. How should hazardous housebold products be stored? Safe storage of hazardous products requires a cool, dry and secure location. Places to store hazardous products include locked cup- boards, locked drawers, or a high shelf out of the reach of children and pets. To prevent spillage during an earthquake, shelves should be firmly secured to the wall and have a restraining bar along the side. The following guidelines will help in the proper stor- age of household hazardous products. *Sort the products into hazardous waste categories (i.e. poisonous, flammable, corrosive, and reactive) and store them as sep- arate categories. For example, fLtmssable products such as charcoal lighter and waste oil should be stored apart from corro- sive products such as drain cleaner and acid batteries. It is important to store reactive products in separate locations. Thus, bleach and ammonia -based cleaner should be stored in separate cupboards so that, ifa spill does occur, mixing and release ofpoisonous gas is avoided *Poisonous products should always be stored apart from other products. *Where possible, products should be stored in the original container. Household hazardous products should not be transferred to a previously used container, in order to avoid reaction with incompatible products. *Labels should be legible and securely affixed to the container. *Containers should be tightly sealed and regularly inspected for deterioration. Where rust or leaking is observed the deterio- rating container should be placed inside a larger container and clearly labeled. What is the best way to dispose of household hazardous waste? The best way to dispose of household hazardous wastes is to sort them into categories according to their hazardous properties and take them to the community household hazardous waste collection center. Unused supplies of hazardous products should nor be disposed of by pouring them down the drain. In California, it is illegal to dispose of used oil and paints by pouring them down the drain, including the storm drain, onto land, or by burning. Waste motor oil, oil filters, anti - freeze and used batteries can be recycled and should be taken to a recycling center. Information on the recycling of specific products can be obtained from the California Integrated Waste Management Board (CIWMB) Recycling Hotline at (800) 553 -2962. COPYRIGHT m 1996 Property I.D. Corporatiorg �}a� All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any vroptrtp 31D. D. OF CALIFORNIA form N any means, elecUOnic, mechanical, photocopying, recording, Of oftninse, Without the prior written permission Page EH 21 of Property I.D. Corporaii COPYRIGHT is not claimed as to any part of the original work prepared by a federal or slate officer or employee as part of that person's official duties. sagnp IwWo guosied mql to ped se eaAoldwa io mWo ales io feiaM a Aq pamdaid )pam leduo app p ped km of se pawreIo 1W s11H01Hd00 auogwodiao '0'I Apadwd ®dINNOd11Y� 30 • ,t ZZ Ha ard louolssmaduagumloudagllnogpM' asuuagloio' 6utpiooei' buiAd000logd' le oluegoew 'oluwgalo'sueaw Aug Aqunol �•� d;aadeakt Am wpappsuwl wwalsAs leiaww e w pwols'paanpwdai eq Aew uopeolgnd siq to ued ON paMasw slg61J 11V %O.4mOdJO0 0'1 Apedwd 96610 MIUM00 9Z81-pZ£ (916) rauogblal :7v (Sa ,Umbpvag otuamv. vs) 'aduEgo oa aoa(gns loatueo saaumsgns asxol fo Jueuq evdap V=; . felv0 aJE saoud pue sJagwnu auogdalal •Japlooq srgJ jo uopnjlgnd ayt Hm •smsvm m0psvzvy uo uouvuuofu: lvaaua8 •od, jo aaEp aga ae a�aJJoo aaam saaud puE sJagwnu auoydopl :aaoN (ZU69- 869-(008)) )M0169-008) :anoydalaZ 9W-898 09 :auogdalal IVausl7og YZ8£0 HN 'wEgJna MW a=svAi 104u00 saaumsgns azrgZ fo tuouuivd0a Z£6 xog 'Od vtw4fl vd ayt llva `SU0.1Mo =n a=rum mVFuvzvy,'J0&' o1, peoZl 10alJEW maN 01 aanansul JuawaJEugN spJEZeH IEauawu0J'nu3 :woJj SL-£$ jo Jsoo E JE algepene si uoptoggnd anogE a41 laaM atsVII mO)Iu zvg ployasnog, :suo!m!lgnsl Z96Z £SS (008) :auoydalal :tv asssltoy 8u:3kGa11 pzvog 1ua ffvuvyll atsVli palv.J82tuj v?wo(!Iz,j ay; Mm sapwffv dip puv 4unoo iof slvua•%a i puv ssasuea uo.walloa puv Susp ja uo uoyvuuafb: aoJ, :�mPOH �-uoyvucsofu: a <o`y 'gWA\I:) mOIJ paulmgo aq uEO uoneoggnd sagl smi plu uouoalloD aas M snopJEZEH PM MOH gwdolana4 Joj suonepuawwoaag, uouEaygnd ay w paauasasd aJe wEJ2oad JEl!wis E Suidolanap uo sauyapmq '9Z81-YZ£ (9 16) lojauoa saaueasgns ornol jo auawa daQ e!wojgeD aya anim) `ay"m snopJezeq uo uonewJOjui Tmaua3 aww Jog •(N xrpuaddy ua paasg auawm6p yap:aq pauawuwnnua Tmol Jno ( Jo) awpol.I Surp.0 'd 9 WMID ayJ Ipn `EaJE Jno.( w sauana aasem snopJEzeg ployasnoy un Uolaewlojui Jod 'gTUJOjgED of SalllunwwOO Xurw ui paySllgE]Sa air. soirAoJd UOtloalloa aasem snopmeq plogasnoH APPENDIX A LIST OF FEDERAL AND STATE AGENCIES FEDERAL AGENCIES U.S. Department of Housing and Urban Development (HUD) Office of Lead Based Paint Abatement and Poisoning Prevention 451 7th Street, Room B133, SW Washington, D.C. 20410 Telephone: (202) 755 -1785 HUD helps people build and maintain communities of opportunity. U.S. Environmental Protection Agency (U.S. EPA) Public Information Center 401 M Street, SW Washington, D.C. 20460 Telephone: (202) 260 -2080 California Contractor's State License Board 9835 Goethe Road P.O. Box 26000 Sacramento, CA 95827 Telephone: (800) 321 -2752 This board is responsible for licensing of contractors, including asbestos abatement. California Department of Health Services Environmental Health Laboratory Branch Division of Environmental and Occupational Disease Control (DEODC) 2151 Berkeley Way Berkeley, CA 94704 Telephone: (510) 540 -2469 U.S. EPA is a regulatory agency responsible for implementing This laboratory provides analytical services for the California Air Federal laws designed to protect the environment. These laws Resources Board, the California Department of Health Services protect our air, water, and land from past and future environ- and the California Department of Toxic Substances Control. It mental hazards. also carries out research on methods of measuring air pollutants. The analytical services are not available to the public. U.S. Environmental Protection Agency, Region DC 75 Hawthorne Street San Francisco, CA 94105 Telephone: (415) 744 -1500 The U.S. EPA San Francisco Regional Office (Region 9) is responsible for implementing environmental programs within the states of California, Arizona, Nevada, Hawaii and the Pacific Islands. STATE AGENCIES California Air Resources Board Research Division Indoor Exposure Assessment Section 2020 L Street Sacramento, CA 95814 Telephone: (916) 323 -1504 The Research Division allocates funds for research on air pollu- tion and provides consumer publications on air pollution. California Department of Industrial Relations Division of Occupational Safety and Health (Cal /OSHA) - Asbestos Consukant Certification Unit 2424 Arden Way, #485 Sacramento, CA 95825 Telephone: (916) 263 -1581 Asbestos Contractors Registration Unit P.O. Box 420603, Room 5234 San Francisco, CA 94142 Telephone: (415) 703 -3811 Cal /OSHA is the state equivalent to the Federal Occupational Safety and Health Administration (OSHA) and regulates protec- tion of workers. COPYRIGHT 01996 Property I.D. Corporations AN rights reserved. No part of this publication may be reproduced, scored in a removal system, or transmitted, in any i3rupertp IM. OF CALIFORNIA a form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission Page EH 23 of Property I.D. Corporation& COPYRIGHT is not claimed as to any pan of the original work prepared by a federal or state officer or employee as pan of that person's official dupes. m aegnp pgjo s,uosied lagl to pad se ea6gdwe jo ingo alels io 1eUapg a Aq pwudad glom pul6uo ayl to pad An of se pewlelo lou sl IH01HAd00 auogaiodia0'0'1 Apadwd ®tllNllodl'ltlo do ' &f' R' djaa dod ',z Ha aid io uolsslwied mum mud agl lnogpm'asmaylo lo' 6ulplooei '6gAd000logd'lealuegoew bluwloale'sueew Am Aq wig V L 1L Et Aue ul'palpuisuwl io'walsAs lenaulai a ul pwols'poonpmdal aq Aew uopeollqnd s!gl to pad ON pamesai slg6u Iltl Otiogeiodlo0'0'1 Auadwd 96610 iHMMOO 9ZI£ -L8£ (9I6) :auogdalaZ 9ZS56 VH'oluawtnts On woog ptog uogDrf 5548 laltzs.(I Oluaunuaes uolaaaS eiwojlM waylloH •ulaunEwl 1aaam put Aiddns aaitm siaipmb iaatm w paatlaa sanssi uo aggnd puauaS ay put 'siodanand taatm 'swawxxtdap 911taq ltnol w anUrJSTM sapinoid oslt al swaasis aaatm n19nd lte jo sapinnat ayl saswn dns put tws039tH ul aaitm Sunluup uo uwatwiojui Aigunb natm saatnpsna put snalloo uwsmlp siy_L 1119-£Z£ (916) :auoydalay 0Z£L -4£Z% VD 'wuawtnas Z£LZ46 xog •pd aaajls IPL 4JION I09 sjaaatnbptaH wuaweneS gau¢ug weaSoad Plugnal aaitA& SunluuQ youtag suontoadp plaid aaatAA, SunluuQ wawaSeutlnl ltxuawuo.nnug put =rM Sunluucl jo uoisiniQ saaleaaS ylleaH jo luaunaedaa enuojip -Xluo suoilsanb antld>juo/% •sannatad uluom ajts put 'uonwusgns nnpowd'ivawdmba annamoid leuosaad'slonuon Sui=uiSua 'snajja yaltaq slanal amsodxa ajts mogt uontwaojui saAis put aaeld�som ay ui sanutasgns aixol jo salsa ay sassasst giun sjq j 4I0£-045 (SI4) :auogdalaj. 40L46 VD "(alall'ag II "uuv "(vv, blaaluau ISIZ (SIS'3H) anl�aS aontwIojul put walsfS uonenitng patzVH suollelag leplsnpul pue saaT" ylleaH jo sluaunnd2U elwojlp:� •ynutaq sign woaj pamm90 39 uto uopta uo suontxlgnd 9£Z/-S4Z (008) auoq&jPL OZ£L-4£Z46 VD'OwawtntS hales TZ YJON 109 wt]Swd uoptll gaueig 3uawABurW ieouawuwinud s xa OS ylleaH jo wawuedau eiwojllc0 anyjo snp wouj paun190 a9 utn swnpanoad asaa anoge uontwjojul -saumnllod leauawuw -Tnua azfieua gniym sauwtiogtl sal3nuaa SHAH jo uonaas s"yl 0082-045 (01 S) auogdalal 40L46 VD 5(ala )gag anuanV alnntalS SZ9I wPJOOJd uouta'panaV 9t1 ieauawu0arnug saawaS ylleaH jo wawlnda(l erwojlle3 'saMuaSe ,(aootinSaa put sluawuaanoS ltaol o1 swa& ltluawuonnua snonnajui -uou jo sanajja aya wogs uou - twaojui put `SnlumJ] 'aoutIsrsse ltalugaaa sapinwd gaueI9 ST41 Z5%-o" (S14) :auogdalay 80946 VD'alpn.Uawg g aims 'aawaS syloH 0065 (gd.HH) gnutag Boloon of put /Soloiwap!dg lunawuonnug saalntaS ylleaH jo luaunsedaQ elwoj!M •wawlxtdaQ g1itaH nilgnd oqi w auawuonnua aya w Ptal jo sawnos uo uontwiojui sapinoid osle al 'uaiP19a ul lLa[XOa ptal jo auawlea7a put ,Ialaixoa ptal uo uoutwaojui sap!nowd alun sigy Z44Z-054 (OIs) :XVd 4Z4Z-m (015) :auoq&pj 80946 VD 'alli^tiawH 009 aamS `anuanV ausugD 1085 uruSwd uouuanaud Ouwosiod peal poogpp D saauuaS ylpaH jo luaunredaa elwojlm Lassen District Visalia District Region 1 - Sacramento 415 Knollcrest Drive, Suite 110 5545 East Shields Avenue 10151 Croydon Way, Suite 3 Redding, CA 96002 Fresno, CA 93727 Sacramento, CA 95827 Telephone: (916) 224 -4800 Telephone: (209) 297 -3883 Telephone: (916) 255 -3618 Shasta District South Coastal Section Region 1 - District Office 415 Knollcrest Drive, Suite 110 1515 Tollhouse Road Redding, CA 96002 Los Angeles District Clovis, CA 93612 Telephone: (916) 224 -4800 1449 W Temple Street, Room 202 Telephone: (209) 297 -3901 Los Angeles, CA 90026 North Coastal Section Telephone: (213) 580 -5723 Region 2 - Berkeley 700 Heinz Avenue, Suite 11200 San Francisco District Metropolitan District Berkeley, CA 94710 2151 Berkeley Way, Room 458 1449 W. Temple Street, Room 202 Telephone: (510) 540 -3739 Berkeley, CA 94704 Los Angeles, CA 90026 Telephone: (510) 540 -2158 Telephone: (213) 580 -5723 Region 3 - Glendale 1011 North Grandview Avenue Monterey District San Diego District Glendale, CA 91201 2151 Berkeley Way, Room 458 1350 Front Street, Room 2050 Telephone: (818) 551 -2830 Berkeley, CA 94704 San Diego, CA 92101 Telephone: (510) 540 -2158 Telephone: (619) 525 -4159 Region 4 - Long Beach 245 West Broadway, Suite 350 Santa Rosa District Santa Ana District Long Beach, CA 90802 50 D Street, Suite 205 28 Civic Center Plaza, Room 325 Telephone: (310) 590 -4968 Santa Rosa, CA 95404 -4752 Santa Ana, CA 92701 Telephone: (707) 576.2145 Telephone: (714) 558 -4410 California Department of Housing and Community Development Central California Section Santa Barbara District Division of Administration 530 E. Monrecito Street, Room 102 EO, Box 31 Merced District Mailing Address: P.O. Box 4339 Sacramento, CA 95812 -0031 5545 East Shields Avenue Santa Barbara, CA 93140 -4339 Telephone: (916) 445 -3338 Fresno, CA 93727 Telephone: (805) 963 -8616 Telephone: (209) 297.3883 The Division of Administration is California Department of Toxic involved in the administration of codes San Bernardino District Substances Control (DTSC) and statutes relating to mobile homes. It 1836 S. Commercenter Circle, Suite B Sacramento Headquarters also allocates grants and loans for low - San Bernardino, CA 92408 400 P Street income housing, house rehabilitation, and Telephone: (909) 383 -4328 P.O. Box 806 disaster relief. Sacramento, CA 95812 -0806 Stockton District Telephone: (916) 324 -1826 Department of General Services 31 E. Channel Street, Room 270 Documents and Publications Stockton, CA 95202 DTSC issues permits for treatment, stor- 4675 Wart Avenue Telephone: (209) 948 -7696 age, and disposal of hazardous wastes, North Highlands, CA 95660 inspects facilities for compliance, main- Telephone: (916) 574 -2200 twins a Superfund list and has a site clean- up program. Documents and publications are sold through this department by the various state agencies. COPYRIGHT* 1996 Property I.D. Corporations 771I�� NI rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any 3 77(( ropertp M11". OF CALIFORNIA a form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission Page EH 25 of Property I.D. CorpomtionaCOPYRIGHT is not claimed as to any part of the original work prepared by a teieml or state officer or employee as part of that person's official duties. 'sagnp elop s,uovad le4110 ped se Woldwe io iaoylo 0�E alels io lwapal a Aq paiedald:liom lewbuo ayl to ped Rue of se pawielo lou st iH01Hdd000uo6wotlio0'0'l Apadwd a tlINNOdI'IV� 30 • of , ft' d ;aalloa 9Z Hd d jo uolsslwiad uayum loud ayl lnoyUm'aslsmay o io' 6Wpjooal' 6wAd000logd 'leowupaw'mopela'sueaw hue Aq ww aL 1L Et Aue ul'pallpsnil io'walsh$ IeAaulw e w pelols'peonpmdai aq Am uopeollgnd siq to pad oN'paruaseu sly6u Iltl ®uopeiodioo a Apadmd 96610 iH018dd00 •uousasuy 18no1g3 ,fiupwud sl peal of amsodxa wonep qw gsnolg3 .(ll]EUJUd S3 UOpE] O] a]nsodxa'aldwexa ]OS 'SUlganol lo'uops32m `uomie3IU1 l2n0lg3 IUa2E UE g1lm 3aEauoD :gHnSOdXg 'aU2ZUaq put wlOjololla SE Bans sauru urwoo alUdlo ai33EiOA put saplansad 93nAOwal UT aAllaajja IOU sl UO11EiIn SIG 'UOnE11 - vaauoa lies paanpai p sel 3a3sem paiinslp wtlinsal aly -wtals aql sulsuapuoo put uonnios aql suntaq gsnolgl silts st gans slupu - IwEwOa aluESIoul j0 iEAowal Aq ]a1Em dp3nd w pasn mbwlaal E S3 uoneiinslp 'laplooq sill ul paaualajal sV :NOLLV'I'ILLSIQ •ampaoold ipan.(ieuE UaAls e Ioj uo3s3aaid put .(aElelaaE IOj spIEpUEJs 31t1S put puapaj all laaw UEa IT Iry palEllsuowap SEq gaigm .(]O3elogti V XN0jV-H0gVj QgIdI.LHgO -Iaauta sasnm lalgm 33misgns V :N'g90NI0HV0 •Ipa.( Ilnj p Ioj aoEid w 1jal aa3Aap E .(q pains -Eaw iaAal all ]O ]taA auo jo p011ad ag] lano sawn wanyp It uw1m SluawalnsEaw jo asE]aAE aq L :19M -1 30VH3AV - IVf1NNV 'p1E4 IalEm aIvw gallm 'S]iES pup pvai st gans `siElaw .(AvDq OwAowal Of aAllaajja IOU SI uog3ta palEAnaV •awlos slow Xut glosge of algeun put p33Elwes sawoaaq n ualm paaEldal 6iltaipouad aq lsnw uoglta palEAnaE aq j -uoglto p33EA -nJE al] wuo uondlOSgp Aq lalem all wOlj paAOwa1 alt sa1nIOS n3udjo p3Aiossi(I warm wolj DUlloiga st gans s3injos aludjoui awos put 'sQppusad se gans `salnios owEslo avowal oI pasn sl gallm poom lumq wwj apew Ituaapw V :NO&iIVO Qgd.VAId,OV 'ses UOpE1 paAlosslp asealal ipm pEal 3amogs E gsnolll aOtssEd Xq palElap ]alEm `aidwexo Iol pasealal saws paAlosslp put palElavas alt slosolaE put salggnq '.prnbll E cum paanponvl si nE lallm .(q anbwgaa3 V :NOLLVHgV MO-ZZZ (916) :auogdaiay OOOZ-S I SS6 V0 'owau3ElaES 00OZ8I x09'OU I(EmpEOlg IOZZ altasg iea21 jo wawlltd CI mUjo fedpuixd olivaumaES 16" -SSS (3 IZ) :auogdapy IOZZ6 V0 'EuV EIUES 6£9 wood °EZeld IawaO DIn10 SZ alElsg iea-d jo 3uawlltda0 a wo "Insslu Eery• InUES ZW-SZS (619) :auogdalol, I0IZ6 VD'OsaIQ uES X90£ woo21 wits IUOld OS£I a3Elsg ita21 jo wawulEdaQ aalg1O i3p3sr0 0831Q uES 66££-268 (£IZ) :auogd3pL Z1006 VD'salasuV so-1 SUO3s3Aip Iallo liV - /0 18 wood suo3s3A3pgnS - I I I wood X mpeolg linos ZOI alElsg IEod jo luawllEdaQ aogjo aepmaxg salaguV so-I SLQ 9130 AHVSSO"I0 S XIQNdddV SZ65-3i06 (Sly) :auogdaiaj ZOM VD'OnsuuE13 utS OOy£ womd 9aaIS .(Iiag S8I alplsg iea-1 jo wow3lt6O a Ujo 33FISM 03s13MUj MRS 60N-S" (60Z) :auoldalal. IZZ£6 V0 'OusOld OLN woodd rsoduEW OSSZ alElsg ita-d jo wawlltdap aaegl0 33131sl0 0usaxg ,elulojle0 w slallolq put sluase altlsa IEai sasuaag put salEinsai gH0 (aIQ) a3Elsg pea-d jo waunnda0 viwoj!" FILTRATION: Purification of water by removing undissolved solids or sediment by passing the water through a filter or sieve. Filtration does not remove dissolved salts or organic contaminants. LEVEL: Another term for concentration; also, the amount of a substance in a given volume of air, liquid, or solid. LITER Metric unit of volume equivalent to 1.057 quarts of liquid. One gallon is equivalent to about 4 liters. MILLIGRAM: A unit of weight. There are 1,000 milligrams in one gram and about 28 grams in one ounce. PARTS PER MILLION: A unit of concentration. For example, air which contains I put per million formaldehyde contains 1.2 milligrams formaldehyde in I million milliliters air, i.e. 1,000 liters, air. Also water which contains 1 part per million lead contains 1 milligram lead in 1 million milligrams water, i.e., 1 kilogram, water. One part per million can be compared to one cent in ten thousand dollars. PASSIVE DETECTOR: a measuring device which functions without any energy input or ongoing attention from the user. For example, use of a passive radon detector to measure radon requires only that the detector is left in place for a specified time. PICOCURIE: A unit of amount used in measurement of radioactive substances. For example, five picocuries of radon are five tril lionths of a curie and are equivalent to I 1 radioactive radon atoms decaying every minute. RADIOACTIVE: A term used to describe atoms which are unstable and break down or decay to form another kind of atom. For example, radium breaks down to form radon. In the process of decay some high energy particles are emitted. The detection of these particles by special instruments indicates that a substance is radioactive. The high energy particles (alpha and beta particles) and gamma rays are called radiation. REVERSE OSMOSIS: A technology used to purify water by removing the salts from water. Osmosis involves the diffusion of water from a dilute to a concentrated solution across a semi - permeable membrane which allows only the passage of water. In reverse osmosis, water is forced through a semipermeable membrane from a concentrated solution to a stream of purified water. For exam- ple, in the desalination of sea water, reverse osmosis is used to separate the salts from the water. Reverse osmosis of sea water gener- ates drinking water and a residue of salts. RISK In the context of this booklet, risk indicates the chance of developing a disease after exposure to an environmental hazard. Risk depends on the time period for which a person is exposed to a particular hazard and the level of the hazard. SOFT WATER: Water that does not contain large amounts of dissolved minerals such as salts containing calcium or magnesium. SOLDER: A metallic compound used to seal joints between pipes. Until recently, most solder contained about 50 percent lead. Lead solder is now banned for plumbing applications. TOXICITY: The extent to which a material is toxic. COPYRIGHT 01996 Property I.D. Corporation® All rights reserved. No pan of this publkatlon may be reproduced, stored in a retrieval system, or transmitted, in any Prupertp 30D. OF CALIFORNIA a form by any means, electronic, mechanical, photocopying, recording, or othervise, without the prior written permission Page EH 27 of Property I.D. Corporado%COPYRIGHT is not claimed as to any pan of the original work prepared try a federal or state officer or employee as part of that person's official duties. THE HOMEOWNER'S GUIDE TO EARTHQUAKE SAFETY Written and adopted by the California Seismic Safety Commission 1900 K Street, Suite 100 Sacramento, California 95814-4186 Third Printing, January 1994 1992 California Seismic Safety Commission. All rights reserved. COPYRIGHT 01996 Property LD. Corpomtio% 7rtf NI rights reserved, No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any drop ertp �.7/L1. OF CALIFORNIA a form by any means, electronic, mechanical, photocopying, recording, or othemse, without the pr or written permission of Page ES 1 Property I.D. Corporation@ COPYRIGHT is rat claimed as to any part of the original work prepared by a federal or state offaer or emptoyse as part of that person's of9c'rzl duties. sagnp leloglo s,uostad legs to tied se aadoldwa io iaolpo s alels ro jeiapal a Aq paiecoMpom pul6uo ay{ to ped due of se pewlep sou si 1H91BAd00 &uogmdto0.0.1 Apedwd Q VINNO.dY yz) 4O • R72• ft' d�aa uoa Z $$ a�E� to uo�smad ueopm loud ayl lnoyym'asimiaylo io' 6wptooar' 6u�Adoso }oyd'leiueyoaw'moiloala'sum Aue Aq wlal to 1L Aue ui'papryisueq to'walsds Ienaulat a ui paiols'paonpwdat aq Aew uogeoipnd siyl Io ped oNpan�asat sly6u Iltl ®uogetodto0.0.1 Apadwd 466101H91HAd00 .op nod ji aaud lanaq e lag .few nod wq 'awoq mod iias nod Dlojaq sassautisam ayt xrl m pannbw sou ale rink •asnoy mod laadsui m auo,fue any w to 'suonsanb a91 s3msue w lalseld to '1tem.6p 'Smpis anowat 01 paltnbal lour we nok •paloyaue tou si asnoy Dgt jo uontod a Dams obl uonsanb D lamsueaou sr uoulod lasso ue put uonepunoj ayt of palogDuv sr asnoy mod jo ned y 'aidwexD toj -asnoy inod jo tied dluo saquasap wan ayt jl •paxy aq ueD a moq 'swlal lelawg ui 'put ssautleam aqt djnuap! of moq nod iiat pim uonduasap sigl -ssautleam atlenbynea agt jo uotlduDsDp e loj nodal aq1 jo uwnloD aged DDS aql m paleDipui tapmoq aqt jo aoed ayt w rajas 'uonsanb a puelslapun tou op nod jl -QOpalmoual mod jo tsaq aql of suonsanb Dq1 tamsue ytodat atnsolasip ayt ataldwoa of 'taplooq siyt jo ddoa e put 'DSed mu ayt uo Duo aqt 3119 °nodal amsopsip splezey atlenbgllea palaldmoD e tadnq ayt amt tsnw lallas aqt '096l alojaq llmq away e 3utilas toj sluawatmbas legal ayl 1191'9 oL iatIoog sJTUL asn w tAOH -42ewep siyt aonpat drag lscA awoq mod `duivay lduan5 -atsenbgllea ue w pAEwep aq of ,(sally glow sr n 'sassau. Da asayl jo due seg awoq mod jl •sassautle3m aslenbylsea se swa19o1d asayt m slajaj taplooq sigl -s11em D1dduD paDetq 6ltood put 'suou - epunoj rood 'sl mq talem paaetqun se vans 'taplooq sigt m paquosap swalgwd jo asneaaq sawoy Dgruiq satlenbgltea 5(pwnbasq •sa3pnbg3jea ui .rajes awoq mo i a7m no.( dlaq Ilan 1214009 srgy, •aJUel]odwi ]lagt puemopun pue sossau4vam pa)esaa- ajvnbgaiea lenumod rods of moq no,( Pal 1pm w1nooq srtp 'awoq a 6nq of ueld nod jl, •aadnq aqt 01 sassaugeam agenbglna s7r jo aTnsopsrp But .paeSaa smel alels germ .(ldwoD nmf dpq span taplooq srgl bwog inoA llas o) ueld nod jj, Vtedatd sallaq aq nod dlay ueD taplooq siyt ui suopsa23ns Dq L -sallenbgnea `duiSvwep dq uatleys aq ueD awoq mod 'eiwojgeD m Dnq no.( ataym tanew oN Pa)ajoog seyy peag pPoyS nOA -(yML aryvnbyuva A- i2ptupp axau Dep arofarj rafps aruoy.ina( pup s(jrurvfsnodYIasinod ajvw pup sajryooy says u! paugino suo:JSa88m ayt uo7ap jjrm noflvyl sadoy uorrsrwwa3 kioS arursras aye 'djay uvi suornrvaaid my s2jvnbrjlava 8uunp ,(aafvs fo saasuveva our dip aaayd 'a8vruvp drnbyidpa fo rjsrs ayt aanpar upa auroy .rnof A.zuogaua<7s sv gins suarynviz.'d 8rrrzjvl 'swienbgnea tsisal w awoq snod uagtguwts m pannbal 1ou ale rink, •amog moS aienleea o) auoAm airy oo pwmbar oou a" noA, 'IaT jooq sup jo ADD e qnm nod dlddns of patmbat si tuDSe atetsa few sno,A -taplooq stgl ur paquasap sassautieam ayt jo due seq awoq mod lagtagm asopsrp w pannbal osle ale noj -ladnq ayl of sf os aryvnbyuvg o; aprnD ssaumoaraog arjd 'laplooq stgt jo ddoD e taAyap m nod sannbal mel Diets laytoue '0961 mojaq tlmq rem asnoy modjl, 'laplooq sryl w paquDsap asogl se gins sossautleam aalenbytlea seq awoq mod taytaym asolasip tsnw nod 'roes siyt qnm dldwoo oj.'lu3wDnnbal lelauDS styt tnoge nod 1131 uea'alersg pDaH jo luatwtedaq Dirk ayt to 'lallwq to wage PmSD leas sno,( -moge moms nod 1eg1 sauuautjap put majap ponalew ire sladnq w asopsrp w nod sannbal met Diets 'awoq mod 1ps nod uayA\, awoH inoA SuillaS io3 sivawaambag le`da-I °'r - - - - -_ ---- _----------- --- ---- - - - - -- - - - - -- RESIDENTIAL EARTHQUAKE HAZARDS REPORT Refer to Section 8897 et seq., California Government Code Name City and County Assessor's Parcel No. Lip coae Answer these questions to the best of your knowledge. If you do not have actual knowledge as to whether the weakness exists or not, answer "Don't Know:" if your house does not have the feature, answer "Doesn't Apply." The page numbers in the right-hand column indicate where in this guide you can find information on each of these features. Doesn't Don't See Yes No Apply Know Page 1. Is the water heater braced, strapped, or anchored to resist falling during an earthquake? ❑ ❑ ❑ ❑ 6 2. Is the house anchored or bolted to the foundation? ❑ ❑ ❑ ❑ 7 3. If the house has cripple walls: • Are the exterior cripple walls braced? ❑ ❑ ❑ ❑ 8 • If the exterior foundation consists of unconnected concrete piers and posts, have they been strengthened? ❑ ❑ ❑ ❑ 9 4. If the exterior foundation, or part of it, is made of unreinforced masonry, has it been strengthened? ❑ ❑ ❑ ❑ 10 5. If the house is built on a hillside, answer the following: • Are the exterior tall foundation walls braced? ❑ ❑ ❑ ❑ 11 • Were the tall posts or columns either built to resist earthquakes or have they been strengthened? ❑ ❑ ❑ ❑ 11 6. If the exterior walls of the house, or part of them, are made of unreinforced masonry, have they been strengthened? ❑ ❑ ❑ ❑ 12 7. If the house has a living area over the garage, was the wall around the garage door opening either built to resist earthquakes or has it been strengthened? ❑ ❑ ❑ ❑ 13 If any of the questions are answered "No," the house is likely to have an earthquake weakness. Questions answered "Don't Know" may indicate a need for further evaluation. If you corroded one or more of these weaknesses, describe the work on a separate page. As Seller of the property described herein, I have answered the questions above to the best of my knowledge in an effort to fully disclose any potential earthquake weaknesses it may have. EXECUTED BY (Seller) (Seller) Date I acknowledge receipt of this form, completed and signed by the Seller. I understand that 9 the Seller has answered "No" to one or more questions, or it Seller has indicated a tack of knowledge, there may be one or more earthquake weaknesses in this house. (Buyer) (Buyer) Date This earthquake disclosure is made in addition to the standard real estate transfer disclosure statement also required by law. Keep your copy of this form for future reference. Page ES 3 If You Are Selling a Home *When selling your house, you must disclose any known earthquake weaknesses that your house has to the buyer. *If your house was built before 1960, you must give the buyer a copy of this booklet and disclose weaknesses listed on the form on the previous page. Though you are not required to hire someone to answer the questions for you, you may want to get assistance from a home inspector, contractor, architect, or engineer. *If you strengthen your houses earthquake weaknesses before you sell, you may get a better price for your house. *If you list your house for sale by a real estate broker or agent, give the agent the completed disclosure form when you sign the list ing agreement. Your agent can give the booklet and the form to the buyer for you. *Keep a copy of the form, signed by the buyer, as evidence that you have completed the earthquake disclosure requirement. If You Are Buying a Home *Before you agree to buy a house, review the information disclosed by the seller. Pay special attention to any items that indicate earthquake weaknesses. *You may wish to have a home inspector, contractor, architect, or engineer inspect the house and give you an opinion regarding any earthquake weaknesses and how much they would cost to strengthen. *Consider the house's location: is it in or near a fault rupture zone or in an area where it might be damaged by a landslide, liquefac Lion, or a tsunami? *You may wish to negotiate the cost of strengthening with the seller. The law does not require either you or the seller to strengthen the home, but if these weaknesses are not fixed you may find that repair costs after a damaging earthquake amount to more than your equity in your home. Laws Relating To Earthquake Hazard Disclosure California's real estate disclosure laws (Civil Code, Section 1102 et seq.) require sellers of real property to disclose known defects and deficiencies in the property - including earthquake weaknesses and hazards -to prospective purchasers. Sellers and their real estate agents or brokers must also disclose whether the property is located in an "Alquist- Priolo Special Studies Zone" or earthquake fault rupture zone (Public Resources Code Section 2621 et seq.) Since earthquakes pose a serious threat to some California homes, and many older homes were not built to modern earthquake codes, in 1991 the California Legislature specified that sellers of homes built before 1960 must deliver to the buyer, "as soon as practicable before the transfer," a copy of The Homeowner's Guide to Earthquake Safety (this booklet) and disclose certain earth- quake deficiencies (Government Code, Tide 2, Division 1, Chapter 13.8). The reporting form in this booklet may be used for this disclosure. The seller's real estate agent is to provide the seller of such a home with a copy of the booklet for delivery to the buyer. The Seismic Safety Commission is required to develop, adopt, and publish The Homeowner's Guide to Earthquake Safety contain- ing information on geologic and seismic hazards, explanations of structural and nonstructural earthquake hazards, and recommen- dations for mitigating the hazards (Business and Professions Code, Article 2, Chapter 3, Sections 10130- 10149.) This booklet is to be distributed to home sellers by real estate agents (in accordance with Section 8897.5 of the Government Code) and is also avail- able to the buyer and the general public (in accordance with Section 2079.8 of the Civil Code. COPYRIGHT ®1996 Property LD Corporations All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any VropPrtp 3131011. OF CALIFORNIA a form by any means, electronic, mechanical, photocopying, recording, or othermse, without the prior written permission of Page ES 5 Property I.D. Corporation® COPYRIGHT is not claimed as to any part of the original work prepared by a federal or state officer or employee as part of that person's official duties. 'saanp pioglo s,uosiad legl yo Ued se aadoidwe io nowo alels io jeiapal a Aq paiedaid 3pom jeui6110 agl to ped Rue of se pawre1a lou si 1H0@dAdoo tuoaeiodioo a Apadwd ®tlINNOdI"ItlJ 30 ' .t 9 sa aid louoissmaduaapmio11dagllnogam 'asimuaglo 6wpi oow' 6wAd000logd'eoluepoaw'oiuwlDele sueowAueAgwlo d�aaUoa Aue ui'paaiwsuwl io'welsAs �enmajoi e u paiols'peonpwdai aq Am uoaeaipnd sp iIo ped ory'pan�asai 9114611 Iltl %oaelodloo o I Apedwd 996 0 iH018Ad00 9Za2td............................................... . ... .............. .... .......... saouaiaja2i SZa2ed .................................................. ....................suonezwe2io aamosnd £Za2ed ....................................................... ...........sajunbqueglojpair&ld ag 61 4vd ................................................... .......................spaezely x2oioaJ Zla2td ........................ ....... ...................................... auo(joiuoA\ agl2unoa9 91 a2ed ........................................... .......................suiaouoD aajenbgiegiayt0 :pwedaid ag put smsamp;am a3pnbquea ssaippe not dlay oo papiAoud si uouewjojw Ituomppy tIa2ed ............................................... .........................39VIED nano WOO'd Z� £I a2ed ................................. ............................... MUM fluosEW paau03uPiun .9 ZI a2td ...................................... ..........................sisod io slIuAA\ iiey uo sasnolq's 11 32ed ............................ ............................... uoutpunod ,Suuoseyy paauojuiauuCj Ola2td ......................................................... ........suonepunol3sod-Pue -JaT& 6a2td ....................................................... .............slpMalddu:)uouaixg, slleAl aidduD slew £ 8 a ................................... ............................... pajogouy ION uontpunod.Z Za2td ... .................................. ............................... I uaoeai.i ialeA\ paatuqun I sassauzM,VL g1mg 'iaplooq siyo ui paquasap sassacnleam a lenbyonea awoq aqa aue asayl, jimano6 wagi xg put A3!amp! uaajo uta not -a2ewtp aolenbgi= oa peal m uie)aaa isowit aat smsauoltam uowwoo asagy vonepunoj isod- pue -uxd a uo si uo `siiem olddua sham sty asnoq aqd'£ •uouepunoj s3i of pajogaue Xpunbape Iou si annoy ayZ•Z -jaatay jxtm paouqun ue sey annoy aql, i :2uivay 9uarns joj sanuoud mo.( aq pinoys put a2ewep aoienbyltea jo asnea ayo uaojo aue sassauoltam 2uimolioj ayd„ -a2ewtp sup >uanaud to o�npai diaq ll! m awoy inoX 2umuagAuwaS a}lenbgam ue ui pa2tunsp aq oa AIDI!l wow sr n'sassacnleam asagi jo.(ue sey awoy unoAjl Auwep asnea uea oeyo sawoq ui sassausieam aaienbyaita snouts ay saquasap aapiooq siyy sa>Ienbq»ea ut pAuwep ,(louanbwj aue sawoy sassampa& apnbipirg i Major Earthquake Weakness 1. Unbraced Water Heater The Problem If the water heater is not securely attached to the wall, it can topple during an earthquake. If gas or electrical lines are broken as it falls, this may cause a fire as well as water damage. This is a common, and serious, problem, but it is relatively easy and inexpensive to fix. How to Identify It Examine your water heater to see if there are metal straps or braces around it that are bolted to the wall. Make sure the bolts go into studs or into concrete, not just the drywall or plaster. Pull. on them to make sure they are secure and tight. What Can Be Done Using metal tubing, heavy metal strapping, and lag bolts, secure the water hearer to the wall (see Figure 1.). Flexible pipes for the gas and water lines are better in an earthquake than rigid pipes like aluminum or cop- per tubing or solid pipe. k The water heater in this home fell in the Loma Prieta earthquake of 1989; the resulting fire destroyed the home (BAREPP photo) 2" X 4" Studs behind sheetrock 5/16" x 3" lag bolt with washer 1 301, 1 -112" x 16 6 gauge ' - - - metal strap 1/2' electrical conduit tube (EMT) flattened at ends 1/2" electrical conduit WATER ' tube (EMT) flattened at ends Sheetrock HEATER ' Figure 1- You will be able to see the straps and bolts if your water + ------ ; heater is braced. Make sure that the bolts are firmly anchored to studs or masonry. (Illustration based on BAREPP detail) ' 1 -1/2" x 16 gauge metal strap Flexible gas pipe connection COPYRIGHT 01996 Property I.D. Corporatiorte All rights reserved. No part of this pultication may he reproduced, stared in a retrieval system, or transmitted, in any Propertp 311101. OF CALIFORNIA a form by any means, electronic, mechanical, photocopying, recording, or otherwise, whhoul the prior written permission of Page ES 7 Properly I.D. Corporations COPYRIGHT is not claimed as to any part of the original work prepared by a federal or state officer or employee as pan of that person's official duties. 'salNp lep6lo s,uovad legl to ped se Wgdwa io.inigo alels ro lwapal a Aq paiedaid Ipom IeAuo aqt to ped due of se pawlep IOU sl1HOIHdd00 guo6ulodro0 a I /yadad * ViNHo3l'fvD d0 • R2• (Y d ;aa f od 8 gg 39M to uolsslwaed uapwe loud aql lnogp.m asuvaglo ro' 6wpmow' 6olAd000logd 'poluegoaw'opoiloolo'sueaw due Aq wol �aIIfG. 1L Aue ul'paBlwsuwl ao'walsAs lenaulaa a ul parols'paonpwdar aq Am uoil ollgnd slgl to ped ON'pamasar stg6u py %ogerodroo.a I dpadwd 96610IRIHdd00 sgoglogouV to sdol uollepunod alalouoo .'.' wd — I hl Mo. 0 spnlS IIeM aleld IIIS X 6uuoolj 'uogvpunoJagl of alvld 1ps aql ualsvJ lvgl'laaJ g of p 61ana papvlsw'slloq logauv Jo spoor{ aq1 aas of algv aq pinogs nofi'am laglia u) rowlaq paivys alp so'alold lils aql uo hryaanp 1991 Emu slsio/ rood aql 10 (g a8vd'g am81d ui pap.gsnip sr) umivpunoJ 6nld llum alddua v ful pawloj aq flow aavds inwla s,awoq V - Z am9g slslop joold 30VdS 7M VHO '(ologd 530) 696IJO,74mb -q;lw vlaud mup'I aq1 8uunp prls puu uopvpuno(sp of palloq lysmn aauoq siU awoq ay jo aaeld 1ps aya oa uouepunoj aya BUpaau -uoa 'saaeid laaas 11Uusu110 'siloq luuads liulsul puu uouupunoj ayl oun pue aaeld llls ayo g2nonp saloq 11uQ auoCI aq uuo augA ,auloq ay oa uoraupunoj aya Supaauuoo 'saauld iaaas auaq 10 'aaeld pis aya 2uoie aaaj 9 oa 5 A1ana pallvasul sgog logauu puu 'slaysum 'sanu aSaei aya aas oa alqu oq pinogs noA (Z alnSrd aas) uonupunoj aya oa Aiolnaas uouepunoj aya jo doa aya no Alnanp sass auya pauoq pooh age -David 1ps ago uaasej legs saloq logauu jo spvaq ago aoj aaeds 1Mm age ul > oo'I 'aaeds Imm ago papea sl punoi2 put! .coop 1s1g ago uaDNwq ease aya 'punol2 ago jjo almq sl asnoy ago jo loop aslaj ago ji al Ajuuapi 01 MOH •asuwep sign nodal pue 'uonepunoj sn no > mq n and 'dn asnoy e 1jq m awsuodxa Alan s1 ai 'auloq ago jo sluanlOD aya se ilaM su SnORaauuoa Aagun lagao puu `sMopum "lleM'sloop 'uouepunoj ago Avuaep puu 'sang su2 umlo1q wo1j anj u asnoo uua slyy •palogouu aou sr n j1 uonupunoj sal jjo anoua ueo asnoy aya 'uMop puu do pue 'opls oa apls asnog u sanow aalenbgwua up wqA\ uaalgold aqy pajoypuV ioN uoutpuno3 •Z ssaua)E;oA& aa)enbylreg .aofeW Major Earthquake Weakness 3. Weak Cripple Walls Exterior Cripple Walls The Problem Wooden stud walls are sometimes used on top of an exterior foundation to support a house and create the crawl space (see Figure 3). These are called cripple walls. These short walls carry the weight of the house. When the house sways from side to side in an earthquake, these walls must be braced to resist swaying. If the cripple walls are not braced, they can collapse and the house will fall, causing damage to the foundation, floors, walls, windows, and utility connections as well as the contents of the home. It may also cause a fire from broken gas lines. It is very expensive to repair this damage. How to Identify It Go under the house to see if there are any cripple walls and, if so, whether they are braced. If you can see a cripple wall, and there is no plywood or diagonal wood sheathing (see Figure 3), the cripple walls are proba- bly inadequately braced or are unbraced. Horizontal or vertical wood siding is not strong enough to brace cripple walls. What Can Be Done Plywood panels can be nailed on the inside of the studs. This home's cripple wall failed in the Loma Prieta earthquake of 1989. When the cripple wall failed the building fell to the left, leaving the cripple wall from the side of the house behind on the ground (BAREPP photo). Dots =Nails 0 First Floor �' I I Plywood Panels Foundation r Figure 3 - If your home has a cripple wall between the foundation and the first floor, and it is not braced with plywood, the house may collapse in an earthquake. Joists F r11oil e •a � � 0 COPYRIGHT ©1996 Property I.D. Corporation �flt� All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any i9roptrtp JUM. OF CALIFORNIA ® form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of page ES 9 Property LD. Corporation COPYRIGHT is not claimed as to any part of the original work prepared by a federal or state officer or employee as parr of that persons official duties. vgnp lmWo s,uosied 1e41 to pod se Woldwa io leoylo apUs to leiape} a Aq pwedwd 3pom Imbuo a p to ped hue of se pawiep lou si 1HDWAd00 @Uogeiodio0'0'1 /,uedmd O VINU01I'IVJ d0 • s QT $g and louolssimadualpimioudegllnogym' asinuagioio' 6ulpjooal' 6ulAd000logd' ieolu eyoaw'olumyoala'sueawdueAgwol �•� dpadoad Aue u'pop meil io'walsh lenaplai e m pexis'peonpmdei eq Aew uopeolpnd slgl to wed ON pamasad sl46u IIV ®uo!leiodio0.p.l Awadwd 96610iH9I8Ad00 'oo; wagl aneq ,(ew asnoq aqa jo pale SuiAq agl;egl uouex In up si at'aaagl ale Xagl )I -algcsiA slloq aogaue gjjtA aSpaeS pagsiugun up spy asnoq aqa )I aas oI alool uea no,( Imej ainsops> p aqa ,(q paitnbai Iou si gz)ILIM 'llemiap ao aalseld aoualui SuiAouial Inoq;uti palieisui slloq aogaue peq asnoq anoA aagaagM jlaa },uea no,( !I -gicnq aaam ,(aqa uag ti pane1suc safoq aogaue uopepunoj peq AlleaauaS ,(aqa pue 'sllem alddua aneq aou op sasnoq asagy •sgpis a;aaauoz) uo Apaanp allnq ale ,iaq; asneaaq saaeds IMED aneq j uop sawoq AueW SOVIS 3.L3IIJNOJ NO .L'IIflS S3SflOH nlgngo.ut sI Il'gvls agauuoa v uo apngsvnasnogInohlj DamSiq ( soaogd uoissiuUuo') 766110 Mvnbglava oupopuwyV advD aql u} palfigs (aaogv soaogd) paa olg ui aluoq suf4 aapun uopvpunvjIsod- pun -.laid xa -aaienbTpm up ui uopepunoj sU jjo pej IOU illm asnoq ag1 Ieg1 arms aJ vw w aaeds lmvjJ ay ul slltm poomdld put Uonep -unoj mau e ppe w jjo Iailaq aq IgSIw no.( wq 'sisod ago Suiotaq Aq aajes u0nepunoj agI aaltw m alglssod a9 Avw Il uoaotnuoa uopepunoj e se llam st iaaufoua Io IOangaae ue jo aDjApe aqI annbai .few inafoid sins, auoQ aq uuD ItgA\ 'suonepunoj Isod pueaxd aatlq w gSnoua Suons IOU sr SUIprs poom ltnulaA 10 ltwozuoH •(mopq soaogd aas) ssau)leam slgl aAtq dew awoq mod 'slltm aplsmo aq1 Suuloddns (slsod poom Isn( jo) sasod poom put s aid alalauoo palaauuonun aas .(luo nox put asnoq aqI jo sllem ap!sano a4I Iapun uoptpunoj snonwxuoo a aas IOU Op no,( ji 'asnoq ay gaeawapun wo13 ai djpuapj w moH 'a>(tnbgliea up 2wanp umop iltj Am b11 '2uL(ums IsweSt paneig IOU aIt sisod ag1 jI 'sisod Dy jo apls -Ino aq1 w paptu UaIjO s1 9UIPIS 'vald alalauoo palaauuoaun uo Sunsaa sasod poom Aq palloddns si asnoq aq1 jo llem apislno aTp 'uonanllsuoa jo adAi sigl ul -sllum alddua m jrpuns Pit suonepunoj Isod - put -acid walgold any su0nppuno3 Isod- pup -said (panuixuoa) sip:A& aiddii Val •£ ssauiipag-v aaipnbgwg sofpyg Major Earthquake Weakness 4. Unreinforced Masonry Foundation The Problem Unreinforced masonry- brick, concrete block, or stone- foundations often cannot resist earthquake shaking. They may break apart, or be too weak to hold anchor bolts. Homes may shift off such foundations in an earthquake, damaging the walls, floors, utility lines, and home contents. How to Identify It If your homes foundation is brick or stone, and looks like one of the foundations shown in the photos below, it is probably unreinforced. If there is a space filled with grout between the inner and outer faces of a brick foundation (where anchor bolts and reinforcing steel would be installed), it is probably reinforced. Look underneath the house to check what your foundation is made of if the outside of the foundation is covered. Concrete block foundations should have steel reinforcing bars embedded in grout in the cells of the individ- ual blocks. Check the top of the foundation, at the sill plate, to see if there is concrete in the cells of the blocks -if cells are hollow, the foundation is probably not reinforced. What Can Be Done Strengthening an unreinforced brick or stone foundation can be expensive. There are a number of way to approach the problem; you may need the help of an architect or engineer as well as a foundation contractor. Commonly used fixes include jacking the house off the old foundation and replacing all or part of it with a poured concrete foundation. • p This is an unreinforced stone foundation, a type that typically fails during an earthquake (Commission photo). Note the bricks in an unreinforced masonry foundation. (Commission photo). COPYRIGHT ®1996 Property LD. Corporatio% All rights reserved, No pan of this publication may be reproduced, stored in a retrieval system, or transmitted, in any i9ropertp 3.0111. OF CALIFORNIA® form by any means, electronic, mechanical, ptatocoptimg, recording, or otherwise, without the prior written permission of Page ES 11 Property I.D. Corporations COPYRIGHT is not claimed as to any part of the original work prepared by a federal or state officer or employee as part of that person's official duties. sagnp pigo sposied leyl to ped se eadoldwe jo jaoipo olels io lejoA a Aq paiedoid ymm Ieudio ayl to ped AN of se pawlep lou s! 1HOIHAd00 guouwodioo'a I Apadad O VINNOdI7tl0 d0 • inf. ft' a as 0a Zi $3 a2rd to uoissmad uallum loud ayll noypm' asinva ylo io'6wp ooai'6wAd000loyd ' eaiueyoaw bivalaaa'sueaw Aue Aqw of Va LL 1L Aue ul ,papwsueil Jo'walsAS [mule] e w paiols'peonpadou aq Aew uogeoipnd slyl to ped oN'pomosa slg6u IIV ®uogeiodioo'a I Apadad 96610 iH9IYAd00 '(oloyd dd3NV8) Ilw211v4 paavAqun uv gpm 8u}pl!nq aql of a8muvp Jo!Jalui imluvisgns aql smogs gdVISOJOgd s!yi (ologd dd3N va) 6861 jo d4mibylim II!H uvBAow aql u! pal!vj Imp llvm Ilvl paanuqun uv uo lllnq 9m asnoq ap!slpq s!y p 'alts aql A01 paJaautsua RllR4uads ssalun s4 mb -qpw of algvaaulna si slsod palaauuoaun'llvl uoasnogV 'auop >Jom a43 Jab of Moy pue'duTuD4i0uDJ]s paau slp;m paaeJqun Jo ssod ayJ Jay]agm uo noA asinpe uea JaauTsw Jo JoaJiywe ud auo(:l aq ueZ) aEgA\ ']aanlSUa JO DOJTpjv ue gaim JlnsuoO of Jllem few noX soatiq Ieuo &ip JnogiiM sJsod poom JO 9waelq Iaa]s Jo 2U143 rags pOOM IV uoOuip Jo pooA%Ald JnOg]im spnJs item aas noX ji 'asnoq a gDns yvou]apun DDuds oq] auiwvx3 ]I 43Uapl OJ MOH asdeil0a Am ADg] 'paaeJq Xpado]d Jou aJe sllem Jo sJsod gans ji -(Jjal molaq wogd aas) asnoq ayJ jo JooU Jsnj Dy gmuJapun aaeds Imuia a 'uvgi JaileJ Jnq 'w Jepwis aaeds paysiugun AJel a aneq Ipm ap!s Ipgumop ayJ sawnawoS •suwnloa Jo sJsod wrq uo Jas aq .(ew n Ipq daaJs e jo ap!s aqa uo Jpnq si asnoq e jI walgo'd aq.L sisod Jo spAik jjvL uo sasnoH '5 ssou4ciAX 37nbg4xeg Earthquake Weakness G. Unreinforced Masonry Walls The Problem Houses built of unreinforced masonry - bricks, hollow clay tiles, stone, concrete blocks, or adobe -are very likely to be damaged in a strong earthquake. The morrar holding the masonry together may nor be strong enough m resist earthquake forces, and the house cannot bend a little, like a wood -frame house, and then return to its original shape. How to Identify It You can usually see bricks or stone from outside unless the walls are covered with plaster. if brick walls have "header courses" of bricks turned endways every five or six rows, or if the house was built before 1940, the walls are most likely unreinforced. If you can't tell from the outside, you can take the cover plate off one of the electrical outlet boxes on an outside wall (turn off the power first!) and look for brick or other masonry. If the wall is concrete or concrete block, it is very difficult to determine whether reinforcing steel was added during construction. An experienced testing firm may tell you whether any steel is present. Otherwise, consulting the houses plans, which may be on file with the building department, might be the only way to tell without damaging the wall. What Can Be Done This is another problem that requires the services of an architect or engineer. Strengthening may require tying the walls to the floor and roof or other measures. The plaster - covered brick walls of this building collapsed in the Coalinga earthquake of 1983 (Commission photo). Walls of unrcin forced brick may not withstand earthquake shaking. COPYRIGHT ©1996 Property I.D. Corporations All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any Vropertp 3.30. OF CALIFORNIA a form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Page ES 13 Property I.D. Corporation COPYRIGHT is not claimed as to any part of the originat wmk ptepared by a tedeal or slate officer or employee as part of that person's official duties. sailnp jepipo s,uosiad leyl to ued se eakidwa to iaoipo ,t alels io jwapal a yq pajedaid glom jeuiko ayl to lied yue of se pawm10 lou Si IH0lHAdoo luopemdioo a I /yiadwd avlNa0dl -1vD 40 -M. t' d aauQa� 91 S33*d to uoissimad uapum mud ayl lnopm'asmaylo io' 6upioa l'6wyd000loytl'le iueyaaw'aiumuaa'Sam yue yq wiol �L 11LL 1 yue ui'pollusueil io'walsys lenaplai a ui paiols'pampmdal eq An uogeoggnd slgl to lied ON paniasai sly61j ptl '�uogelodloo'o I ypadmd 9661 O illUlA d00 'ways of wig Dpseld SuiAlddie Aq aajts smopuim aSlel a7uir uED nok •papaau jI 'walgad ayI x3 put ljiwapl w moy uo noA asTApp tea lInsuoD noA acgi luuolssajwd oqy auoQ ag uED IEgA\ 'IT IIDayD w laawSua to IDaayDlt Tit Ilnsuoo pinogs noA 'Anq oa Sumuuuld alt noA awoq E to 'awoq InoA w sainmij asagl jo Plow ao Duo onogr signop aney no.(31 '2uivag30uans spoau awoy t gDns lagaagm UPI of 11nDgjip si n put 'saalenbyllua putasyaim w g2noua Suwas alu salweaj asaga yllm sawoq AuBN 11 Ajuuapl of MOH Ditnbgllta Suons E III PSETwep aPjjns .(Ew sguEq]PAo put SPgDIOd Jo 's11Em IEIn2ani 'SPIJOIS OA] segl Plow ' 1ssuI5 jo splEgs SupwaEDs 'aynbgvEa sE UI Jleaaq uED gDigml smopulm P`dltl 'sadEgs lEingwal gllm SPwOH 7pnq put pauvEld Apodwd IOu PIE sawoq Pql jl sPSs3ii juam o7nbgalEa asnED uED salnanj puE su2ISPp Pwoq awos walgoad ayy NOIS30 9WOH allpnbglaea uE Suunp saDeldalg pup sXDuwigD wolj AEmt IaS w saagwaw Allwej anoA 11a.L -Aauuwga algeuousanb a mu sxrds SunpEd ao's ajv AEId s uaapilllD 'sowed aatDOl auoQ 'asnoy aya mm Swlpj woaj auws to rTiq aya auanaad of joolal noA uagm sal`dwys ay lapun ao DpaE S,asnoy ayI uI BwllaD agl anogE slated poomAld lieu to 'AauwlyD aya PDeldai TIED nok auoQ ag uEZ) INN% 'asnoy aya w AauwlyD ay Swploy aq Plnoys ley sap ImPul ayl pug uED noA laylagm Pas w sends aoog pup Don aqI w alool -pezuy E aq Am AauwlgD ay 'jDm3pmDJDS e ylim IT it IIDid noA uaym salgwnaD auoas to IIDUq aya uaamaag aevow aya jI 'asdelloD of algelaulnA ISOw Pit s.(auwigo lapuals 'ip j 'ASea )ou si sayEnbyalea w ,IglidDPsns si AauwlyD e layaagm 2u1u1waaaPQ 31.(jpuaF] oa MOH aldoad Supnful put vin put sasnoq Su1SEwtp In Am auoas ao >IDUq ay 'vide sawoD AauwlyP ayI jI Dynbgvea up ui lano 11tj jo asdtlloD TIED put auoas ao Ipraq panlojumiun jo Ipnq ale sAauwigD AuEIN walgad aq.L SA3NNIIHO ANNOWN 030NOdNI3IiNf1 -laamSua ue to aoaaEl.woD uonepunoj e ynsuoD Plnoqs nok -uopEpunoj ayI jo awos PDEldal w paau AEw noA 'wa19oid Sly xg of auoQ ag TIED aegM 'Ianupmans u gl1m IT n jDid noA uagAt sPigwnn aaalDiloo ayI ji jo 'uoaupunej ayI jjo Suilgwnla sl miDuoDy 'aaala ioD aqI w q:)r D PSaEI PIE wags ji Pas w uouupunoj ayI aE 11ool 31 Ajpuapl w mOH 'SPDloj a>lenbgalua puElsynm w ajos ow sawoaaq uaga put salgwulD Alleiuuana aaalDuoD aya aulla os uwl -:)ED] ltDlwagD t PSnwo nyl PAD122E ]O pees jo sadAa gaim apuw clam SUOUEpunOj P]Pnuo:) Saplo awos WPlgwd DU SNOL NUISM0d 3.L3HDNOD (110 'loIDEAUOD uouppunoj l0 'laau[Sua 'JDPI -IyDIV ue jo DDJApe aqI alnnbal 11im srqa 'uoiaupunoj Aluosew paDlojuiazun ut Suptldal ao 2uivaga2uans Pjj-I wopepunoj E ppe oI paau Apw rwA 'Iueisrsal ayEnbyaapP uoptpunoj E InoyliAS Pwoq u 37w oZ auoQ ag uED IEyM uonppunoj a li3E1 AEw asnoy anoA 's11Em apsano ayI purim .(luosuw to Plznum Ave Pas I uop Inq asnoy ayI lapun IDS TIED noAjl 11 l !ImPj oI MOH 'sauy Alilun Sunleaaq put P2uwup 1tmaDnns SuisnuD 'sajunbyvta uI anow AEw sawoq asagy -11E le uopepunoj Ame Inoglim'punoA aqI uo Apaalip plul swpaq poom uo Ilmq alam sasnoq laplo awos walgold PU NO1LtlON1103 ON suiaauo:) a3pnby3aleg aay3p Protect Your Home Investment Getting the Work Done For your family's safety and financial security, you should strengthen your home to resist earthquakes. This booklet can help you decide which projects to tackle first. if your home has an unanchored water heater, and unbolted foundation, or an embraced crip- ple wall, these are the projects that will give you the most protection in return for your money. If you are a "do- it- yourselfer," you may be able to do the simple strengthening projects yourself. Your local building department can provide guidelines for the project, and a contractor may charge a nominal fee, if any, to provide advice you may need for doing the work. You will need building permits for these projects (except perhaps for strapping the water heater). The projects described in this booklet are intended only to give you an idea of what needs to be done; they are not "how -to" instructions. There are many publi- cations that go into detail about how to do these strengthening projects; see "References," page 26. You should review one or two of these publications even if you don't plan to do the work yourself, to get a better idea of what your architect, engineer, or contractor is doing. Many homeowners will find they need the assistance of an architect, engineer, or contractor, especially for the more complex pro- jects. They can help you assess the earthquake weaknesses of your house, estimate the costs of correcting these weaknesses, and pre- pare the plans and specifications that you'll need to get a building permit. For large, complicated projects, you may wish to hire an architect or engineer to evaluate and, if necessary, design the earthquake strengthening project, and then advise you about selecting a contractor. When obtaining help, make sure the professionals have experience in residential earthquake strengthening as well as the appropriate state licenses. Check references carefully. Call former customers to make sure you are contracting with reliable people, and ask for examples of previous jobs similar to yours. Talk to two or three professionals and be sure to compare their experience, ideas, and fees. Select someone you can talk to, someone who can explain what is to be done in terms that you can understand. You should get several bids for construction work. Remember, though, that the low bid may not be the best choice. Opinions on the best way to do the job may vary. Be sure to keep the plans, permits, and other paperwork related to your strengthening project to show future buyers. If your home has been designated as "historical," you will be required to comply with the State Historical Building Code. Your local building department can help you determine how this affects the methods and materials you use. Money Matters Repairing earthquake damage to a home can be very expensive. Usually it costs less to correct earthquake weaknesses than to repair earthquake damage. After an earthquake, you may have lodging costs in addition to repair costs if you can't live in your home until the damage is repaired. Strengthen or Repair? The chart on the top of the next page shows the typical range of costs to strengthen a home. The low end is the approximate cost of a simple job for materials only, assuming you do the work. The upper end is for a job done by a professional. Costs vary from job to job; ask your architect, engineer, or contractor to explain how the cost of your job was estimated. The repair costs given, which are based on 1991 prices, are for an average house on a level lot - your cost may vary. But these esti- mates give you some idea of the risks of leaving the work undone. Usually it is far cheaper and safer to strengthen your home before the earthquake that to fix it afterward. COPYRIGHT 2 1996 Property I.D. Corporations All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any ,Vropertp 337011. OF CALIFORNIA® form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Page ES 17 Property I.D. Corporationi COPYRIGHT is not claimed as to any part of the original work prepared by a federal or state officer or employee as part of that person's official duties. sapnp 10.140 goosiad legs to ped se aadoldwa io iaoipo alels io leiapal a Aq paiedaid glom pu!6po aql to ped Aue of se paw!ep lou s11H91HAd00'auogwodio0.a_I Apadoid $j $3 a�E� to uolsslwiad uagpm loud aql lnogUm'as!M1Vaglo Jo' 6uipjooaj'6ulAdwologd Ippupow'moijoale Sueaw Aue Aq wol ®V1NNOdt'NJ 30 • RR•ft' djaadoad Aue w'papusuwl io velsAs lenaplai a u! pauols 'paonpmdai aq Aew uopeoggnd sp jo ped ON paniasai slg6u IIV AIL 1L 3uolleiodio0 q l A iodad 96616 IH018dd00 00,1$ 003- lua dawduy a�yvnGyuvg .mf uanvpxq ssa7 M'I$ OOZ$ 000'OZ$ uonrpunog >lra/A Swuay 0umS 069'I$ OS$ Ooo'S$ uaQ w 32BIED SunaanuoD 009'1$ 001$ 000'01$ Iood AuiwunmSjo uowppy 005'1$ 005'1$ 0001051$ aseyasnd awol-j x 1,(auadoid MOL ounowy xeL,(aaadoud )SOD wail algexul 'uoisnpxa ayo aAlaam Oa sossasse .Uunoo mo.( yams wuoj wiEp r aly asnw noA 'awoy sno.( oa S1nan1aA0udw1 6q panajjr ay aySlw = Xmdad rood moq smogs mopq nvgo aqL saxeo Xandosd mob oo ppE aou Ipm sa>lenbyaaea asisaa awoy snod dlay oa nafoud SmwgAtions r anq 'asranw fpm II'q = dmadoud snob 'awoy mo,( w uap mau r uo lood Suiwwims a sr yons uonippE ur a>lew nodjl -snaf -old gons soj uoisnpxa = ,Gndowd e sapnoud areas aqa 'smfoid SuwagoSuans a>p:nbyosea aoalduwoo oa suaumoawoy a`desnoaua OL uoisnpxg xU /asadoud 'snedas jo ynom 00010Z$ ossy aqo .(rd osnw no,( !a&wrp a>lrnbyaara .(uu soj s.(Ed Xuvdwoo aourunsw aya asolaq asnoq 000100Z$ E oo aSewEp jo g)jOm OOO'OZ$ ueyu auow op osnw Pjunbyauea ur suraw alquanpap ouaouad 01 y anlrn maw - aaeldas s annoy aga jo auow uo 0uaasad 01 'uuaauad S jo salgwnpap Aim saugod ayy'sumEj nyao pur lasnoy unorijo adria pur. azus ay'uomDol mo.i uo Sulpuadap'Luniwaud aDuEnlsui s uaumoawoq uno.( w uomppE u> mA aad 00y$ - og$ asoa A'llrnsn saplod aourmsw ayEnbyauEg wuunsw a>lenby»Ea no,( sajjo w mrl Aq pannbau si any soj awoy uno.( swnsw nya duedwoo aawunsui iq L aaueansuj mpnby>zr3 aml!Ej siya dq p Aonsap dlaaaldwoa ay drw y iq." 'mogjo ism pnj- lr)oL, SI IMOL-000'1$ 0001ZIs-OOO'z$ buunyDSuloelda21soSupeug 4I ruio1 - 0001 $ 00015Z$ - OOZ$ annoy swood ynm aSeurq 5upuiq ZI .Irlo1- 000'1$ 000,sZ$- 000'1$ s)sodsoslfv.&,nrLSular,g 91 ' I I .1rm1- 000'51$ 000105$ - OOo'S 1$ suourpuno3 SuwayaSuasaS 01'6 Ir301 - 000' $ OOS Z$ - OO6$ sllrA% alddu:) Rupeig S .Ir>o1- 000'6Z$ 0001S$-06Z$ uourpunog Suuoyouy L P01-003 OOZ$-SZ$ uairQH aaaEA% Swarug aSrd aaS ayenbynra saujE asnoq pauagAwns -un .nrdai oa osoD nalmd sOj asoD aoaimd SwuagAwnS a>lrnbyve3 (panunuoa) jjTudag jo uayidua.ns GEOLOGIC HAZARDS Building damage caused by ground shaking isn't the only earthquake hazard that can threaten your home. Others include ground failure (landslides or liquefaction), fault rupture (breaking of the ground's surface), tsunami (earthquake- caused sea wave), and dam failure due to earthquake damage. Strengthening your home as described in this booklet will help it resist ground shaking, but you should also be aware of the actions that you and your family can take to protect yourselves against these other hazards. Some of the hazards described below are shown on maps that you can see at your local government planning department or get from the California Division of Mines and Geology (see "Resource Organizations," page 24). These hazards should also be described in the Safety Element of your city or county General Plan, also available at your local government planning department. You might want to talk with a geologist or gemcchnical engineer about your home's potential for damage due to ground shaking, ground failure, or fault rupture in an earthquake. The Division of Mines and Geology is preparing a series of maps that will show areas of high earthquake hazard all over the state, bur the first such maps will nor be available until 1995. Figure 8 - The Uniform Building Cafe has adopted stronger standards for buildings in Seismic Zones 3 and 4, including almost all of California, limn for arms in which strong earthquake slaking is less likely. ZONE = ZONE4 0 Eureka, 1954, 1980 Cape Mendocino, 1992 4 Oroville, 1975 Figure 9 - California has experienced many damaging iearthquakes in the last century. 1966 Santa Rosa, 1969 WintersVacavil le, 1892 San Francisco, 1906 Owens Valley, 1980 • Morgan Hill, 1984— • Loma Prieta, 1989 Chalfant Valley, 1986 Coalinga, 1983 Kern County, 1952 San Fernando, 1971 0 Fort Tejon, 1857 Santa Barbara, 1925 •Landers/Big Bear,1992 Sierra Madre, 1991' , Long Beach, 1933' *Palm Springs, 1986 Whittier Narrows, 1987 ` Imperial Valley, 1940, 1979, 1987 COPYRIGHT � 1990 Property I.D. Corporal' Iona All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any Propertp 313D. OF CALIFORNIA form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Page ES 19 Property 1. D. CorrporatiogsCOPYRIGHT is not claimed as to any part of the original work prepared by a federal or state officer or employee as pan of that person's official duties. sagnp Imp s,uosiad 1e41 to ped se aaloldwa to Iaolpo a�E aaejs io Ielapa� a dq paledald >flom Ieui6uo ayl to ped due of se pawiep Wu si MIBAd00'guoywodlo0 'p I dpadold ® vi N[ odl'Itl� d0 ZZ $� [I louoissiwladueaumlopdagjtnogjwasimuaylolo' 6uiplooal '6uldd000aoyd'Ieoluegaaw'Dmo oala'sueawlue6gwiol fg•,T djaadoact he u'payiwsuell lo'wa�sAS Ienauaal e w palols $oonpmdas aq dew uoyeoipnd siyl la ped ON pavasal s146p py suopesodm0'Q I Nladwd 9661 1HSIHAd00 .(sologd uolsnwuwJ) Z66110 dWmbg44va wp n aql JaVv ua> vl a lam sologd asagy -linvj vlo dol uo lllnq sawog dSmuvp um sovUns s,punoJBagl fo ainidw pasnv ajmbglJvg 'olgvd uvS umolumop sapaapun llnv� panmkvH agl aJagm smogs dvw ,oloud- jSmbIV, sma -amadm AuLu ilmej oyloads E aayaaym duipidDi uontwojui wow Juv," noAjl asi`doload t JinsuoD vintj annau umouJ t Jtau Jo auoZ swpnJs Ituads E ur S1 asnoy anoX Jou Jo JayaagM 9aplooq slya m paquasap suoune:)DA gwuuOld put owuay goms aya lit aJIEJ pinoys noA os 'aanadnJ punoJS utya 3uiygs OJ unbgaJEa Aq pAuwtp aq of Apq aaow Jtj sl asnoy Jnok gNO(I 39 NNtD IVHM 'awoy mo,( JEau s;) jvnbyvta asmz) Am JEyJ sJlntj Jayao put asayJ djuuap noA dlaq Avw utld lenw!) Aiunoa Jo .Sna Jnod jo Juawalg AJajBS ay,L aDgjns s punoJS aqa UD IOJq Stq JEga )InEj DAUaE UMOUJI E JODU JO UO SI awoq Jn OA jI no,( IIaJ IpM IEyJ'sdmu auoZ saipms IEpads , 10 , oloud- lsmbry palp 'sdtw anty pinoys auawvtdap 9wuutld .Uunoa Jo kp aq j LI A dL.LN34101, A OH Be Prepared for Earthquakes Home Contenu The Problem The contents of your home may be damaged, and can be dangerous, in earthquakes. Earthquake shak- ing can make light fixtures fall, refrigerators and other large items move across the floor, and bookcases and television sets topple. They may injure you and your family, and it can be expensive to repair and replace items that are broken. How to Identify It Look around your house for things that could fall or move during an earthquake. Could your cupboard doors fly open, allowing your dishes to shatter on the floor? Is your TV and stereo equipment fastened down, and are the shelves they sit on fastened to the wall? Do you have hanging plants or light fixtures that might fall? Is there a heavy picture or mirror on the wall over your bed? What Can Be Done If you are a "handy" homeowner, you can install door latches, braces, and fasteners to fix most of these hazards yourself. See the 'Resource Organizations" and "References" sections, pages 25 -28, for publica- tions that can help you identify these hazards and deal with them. Use the following information to reduce risks to vourself, your family, and your home. These lists are only highlights of the actions you should take; refer to the organizations and publications in "Resource Organizations" and "References," pages 25 -28, for more details. Gather Emergency Supplies Be sure you have these basic supplies on hand: 1. Fire extinguisher. 2. Adequate supplies of medications that you or family members are taking. 3. Crescent and pipe wrenches to turn off gas and water supplies. 4. First -aid kit and handbook. 5. Flashlights with extra bulbs and batteries. 6. Portable radio with extra batteries. 7. Water for each family member for at least 3 days (allow at least 1 gallon per person per day) and purification tablets or chlorine bleach to purify drinking water from other sources. 8. Canned and packaged foods, enough for several days, and a mechanical can opener. Don't forget extra pet food. 9. Camp stove or barbecue to cook on outdoors. (Store fuel out of the reach of children.) 10. Waterproof, heavy -duty plastic bags for waste disposal. Plan Ahead I. Make sure each member of your family knows what to do no matter where they are when earthquakes occur. 'Establish a meeting place where you can all reunite afterward. Find out about the earthquake plan developed by your children's school or day care. "Remember that since transportation may be disrupted, you may have to stay at your workplace for a day or two following a major earthquake. Keep some emergency supplies - food, liquids, and comfortable shoes, for example - at work. 2. Know where your gas, electric and water main shutoffs are and how to turn them off if there is a leak or electrical short - if it doubt, ask your utility companies. Make sure that all the older members of your family can shut off the utilities. COPYRIGHT© 1996 Property I.D. Corporation All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any .Vropertp 31.x. OF CALIFORNIA form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Page ES 23 Property I.D. Corporations COPYRIGHT is not claimed as to any part of the original work prepared by a federal or state officer or employee as part of that person's official duties. sa6np Iwgo s,uosiad legl to ped se ae4oldwo ro iaalpo ,Y 3�E alels ro pepal e% paiedaid yrom Indio aql to ped Rue of se pawte iou sl 1H01Hdd00'guo6erodm0 � 1/yiadwd ®VIN110d1'IVO JO•a2•(t'd ;aauoa K S3 d )o uoissiwred uapum mid apl tnoppm'aslmraplo ro' 6ompmoar '6ulAd000lopd'leoiuepoew a mpala'sueaw ue Aq wiol �a LL 11LL Aue ui'papluisuwl i0 'wa15As lenalAar e w parols'paanpmdm aq Aew uollmO nd slyl to Ued ON pavasar sty611 IN Adollmodmo 01 Apadmd 966 t O MIHM00 •splEogdna put siasop jo sloop ay vado noA uagM SaAlays jjO Sutlgwm small jo 3mm3g swab uallE& •asnog lnoX wui sase2 snouosiod Jal jo alu a ims pinoa it - dauwign pa`dEUSep t yiim aotldanj e asn a uoa 'W(nisiaije 8uunp alddw pinoa put pouaaltam aq .few Xagl mopmn ynM s,iauwrya goeoJddy sdauwrgn p 2rwep Jo paumoQ, sianpoid mnalonod Iagio jo aurlosed put 'a I 'gaealq se guns spioiew I'ijwley Appuawd Jalio to 's3nip 'saupipaw paipds ,(uE do ueaia 'silidS. 'magi girm immo uI siJa(go AuE ]O scull Jamod pauMop lonoi iou OQ 'sauy Ampin pa2EUIEp l0 pauMOQ, -Supnm asnoq ino,( O] AEwup ,(uE si alayi jt xoq Iomw aqi it Jamod Bo inlS -iurnm p1 1mala pa2EwEQ4 ssital Joj iiaayo w Xuedwoa suS ayi loj JrEm - jlasmoX no llaeq it uim i uoa -se`d itimeu jo lopo ay to sadrd uajolq jo asntoaq iitai t ioadsns no,(y Aluo aAIEA set wtw ay jjo ingS 's>teal sEa, 'Juawuedap aiij ay Joj urm i trop inq 'dlaq loj riea -.(ialerpawwr pooylogyJrau to awog Jno,( w saiij ino ind -splmq air; io alydt :spezuq loj Jpaga 'Z saun(ur snouas loj dial ieatpaw ilaas. 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Check your food and water supplies: *Do not eat or drink anything from open containers near shattered glass. *If power is off, plan meals to use up foods that will spoil quickly, or frozen foods. If you keep the door closed, food in your freezer should be good for at least a couple of days. *Don't light your kitchen stove if you suspect a gas leak. *Use barbecues or camp stoves, outdoors only, for emergency cooking. *If your water is off, you can drink supplies from water heaters, melted ice cubes, or canned vegetables. Try to avoid drinking water from swimming pools or, especially, spas - it may have too many chemicals in it to be safe. DO NOT... *Do not turn on the gas again if you turned it off; let the gas company do it. *Do not use matches, lighters, camp stoves or barbecues, electrical equipment - including telephones - or appliances until you are sure there are no gas leaks. They may create a spark that could ignite leaking gas and cause an explosion and fire. *Do not use your telephone, except for a medical or fire emergency. You could tie up lines needed for emergency response. If the phone doesn't work, send someone for help. *Do not expect firefighters, police or paramedics to help you. They may not be available. Resource Organizations Some of the organizations that have information to help you strengthen your home against earthquakes and help you and your family prepare a personal earthquake response plan are listed below. Other resources that can help you may be available in your community - check your local telephone directory. California DES Earthquake Programs Santa Barbara Office Coastal Region 117 West Micheltorena, Suite D 101 - 8th Street, Suite 152 Santa Barbara, CA 93101 Oakland, CA 94607 Telephone: 805 / 568 -1207 Telephone: 510/540-2713 Southern Region Main Office 1110 East Green Street, Suite 300 Pasadena, CA 91106 Telephone: 818 / 304 -8383 San Diego Office 1350 Front Street, Suite 2041 San Diego, CA 92101 Telephone: 619 / 525 -4287 Builder Education Center 812 Page Street Berkeley, CA 94710 Telephone: 510 / 525 -7610 Sources for Geologic Information California Division of Mines and Geology Department of Conservation 801 K Street Sacramento, CA 95814 Telephone: 916 / 445 -5716 United States Geological Survey Western Region Headquarters Building 3, Room 504 345 Middlefield Road Menlo Park, CA 94025 Telephone: 415 / 329 -4390 Association of Bay Area Governments P.O. Box 2050 Oakland, CA 94604 -2050 Telephone: 510 / 464 -7900 Cities and Counties *City or county building and planning department *City or county government geologist COPYRIGHT ©1996 Property I.D. Corporation All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any Propertp 130. OF CALIFORNIA a form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Page ES 25 Property I.D. Corporation COPYRIGHT Is not claimed as to any part of the original work prepared by a federal or state officer or empbyee as part of that person's official duties. sagnp lelo!po s,uosrad legl to lied se aadoldwa ro raoipo ' alels ro lerapal a dq paradard liom lew6po aql to Wed due of se pawlelo lou s! 1HJISAd00''Uogemdio0'0'I dWadord ®tllNilOdl'Itl� 30 • ,t 9Z S'd aSVd Iouoiss! wraduapumroodagllnogpm' asmagloro '5up)ooar'6u!dd000logd' lea !uegaawbiumloala'sueawduedgwrol fj•fE daaadoact jue w'pau!wsue)l ro'wa)sds lenap)2r a u! pa)o)s'paznpoda) N Few ua)palpnd sry) la lied ON pan)asa) SAL IN guoperodroo'0'I /g)admd 9661 la MIdAd00 (2ullpupy put IoOmsod 'm snld 56-4 IS `O ZL LLL / S I4 `£OIY6 VD 'oaslaupsd u9S ')aans ya5 SLZ 'syoog leawosy0) -Ord OOZ `0661 'ways nassoa )o ploA9 oa sonbwyaas spuawwowu put sps9z9y 1p)mansss put `lesmoaa -ryase 'a)2oloa2 sayuasaQ 'sp)ezpy asltnbyaxea uo xmasajai leaiuyaawou auey V 'Aauej salad d4unoD djvnbgddvj ur puryylo aavad (LZZY -£17£ / OOS 1[vo 12ailpupy soj 5$ pup xm snld 56'61$) 'suopaas oa -moy nays w a) .fnpa .f9113 sa)ms oap)n'oap)A snot' -3u0 ygDN uoppsS Sgd salaguV so-I -azjvnbyuvj dolvyy v doladvdadd o7 rnoy :aup Srg ays %uraradns (2uypupy pup "I soj 64'£$ snld 56'5$ `6LS9-Ss8 / 01S `01ZM VO'k)1X(dag'aaanS y)dnod LIS I awnogooq ssappng) -so2pd 95 •)u9jlaH EAO)puag PAM wwoH doj jvnuvpq uorranpaa pdvzvH V :alvS Rjvnbyddva (OOmsod put xp) snld OS'LI$ 'Z55I -565 / S lei '590)16 VD X !D poomppd 'OLZ wins 'anpQ uiydlo(j uTMI 555 `Ilouno:) Aolouyaal payddV) -sa2td £9 -snaalyaae pup saaaulsw It paw)e uopeunojw Immyaal -1auno0 /Solouyaal payddV -j- y- D ly'u8rrap aIV byuv7.rof aprn� P7 Jig aw oH aN1 N6'05 1$ 'VZ) 'enluoW p)utS '-auj 3utysilynd alg9)pnnoy) '8961 mad put '/papp ay) 'saupjw )oj Onn ltlaads uo se llam se looyas put 'n1po 'awoq soj suopeapda)d uo aarApV ylpgw)x piw3nn Cpvaa gvnhgidvg (3uiIP -u9y pup Amsod 2ulpnlau! 05'9$ 'ZS-Z0-?IQ30# `968Z-Za 9 / 015 'OZZY6 VD 'AaIO )lag 'pmaojypa jo ,GrssaAwn '119H aaassnA\ 06C'u2rsaQ 1e)uawuo)lnu3 soj saauaD) sArd 94 u3isaQ lew=uonnug aoj sasuDD samoH aravdj pooAj puv spdnzvy aajvnbysdvg (2ullpu9y pup 'agpasod'xB) old 56'61$'019L-SZS / 015 `0IZK VD ''(alaalaag'aaMS aged ZIS'sasua,j uopeanpg sappng) •)I wya2uaus o) op m no( apym pug asnoy )noA Amvp upa sa )jenby jn moy urpldxa o) app sny p pup suoumsuowap ansuo 'sa)ydes2 daandwoa 'uommut sasn w9sgoad oap!A asnww -SZ -aawa0 uoiannpg aappng -amoH ales aruoH :agvnbyddvg (2ullpuey pug 'a29)sod 'm snld 56'6$ '019L -5Z5 / O l5 '01Z76 VD S(alay)ag ')aaa)S DN ZI S 9ama0 uoiamnP3 aappng) 'soaoyd 09 ynm pa)pnsn11 'sArd 08 -ssaafo)d Suu)yonas .ispwud ay) mid -MM o) papaau sanbluyaa) pup stool ay) o) aping &3s- dq -da)s V -naua0 uopnnpg aapl)ng lu/urlouaa djvnbysdga w uopanpo.mj ()c9) snid 9$ `dV00006d '9 CIW VD 'PUBWO `050Z xog 'Od 's1uawwano0 past/ beg jo uopplaossV) sgwmpsp auy put soaoyd 91 'salted Z£ sajts sasnoy aaluw Os srip:a S I saanoD 'na(ad ssaupasedasd ajunbyartg leuwga2l easy Avg rfialvs wjvubyJdvj dot samoH auevdj pooh Suruays8uadrs suluay)2uans awoH -suo:tvorjgnd oydep ue paquasap sadnpdjodd ayTlo Luvlo #jnsad ays saaauvrun8 ro sasdopua uozrsruuuoD 4dIPS, arwws ayr dou vrudolrjv,7lo amS, oqa daydran/ -sadoisgooq moll pa.updo aq um uoupwolur andd inoydutt mordvnjgnd uvoj ,Cdvdgrjdadut g,'nodg7 ajgTvav adv do uortaajjoa s LPagtj jvjoj dnoiC ut Ljgvgodd adv 'suonvatjgnd dvjya!s do 'suonv.njgnd asayd auawa2putw saasesrp so saawas ,Caua2sawa jo aao ays soj s2wasy ]LlawuaaAOO /)unoD )o loin sapun Aswaanp auoydalaa snoX slnsuo0 sanuno0 pue sanD £61L-£Z8 / 514 :auoydalaL 621)6 VD'ODs'0upad ueS SO 12urplmg oasoues j ups jo o)psasd daua2y ivawa$ecrow dauasi3mg ppapag samlaia3ag uwdpya leaol snoAjo saywnu ouoyd put ssasppe aya soj (losaanp auoydalaa anol slnsuo0 ssoiD pa-d upapaurV uonpwaojul Suluueld ,buagrawg iof saadnos Quake Reprint. Sunset Magazine. A two -part series on how to strengthen your house and protect your possessions. (Sunset Magazine, 80 Willow Road, Menlo Park, CA 94025, 415 / 321 -3600, $2.50 including postage and handling) Geologic Hazards Earthquake Planning Scenario for a Magnitude 8.3 Earthquake on the San Andreas Fault in Southern California. James Davis et al. California Department of Conservation, Division of Mines and Geology Special Publication 60, 1982. Scenario of damage caused by earthquake, maps. 128 pages. (California Division of Mines and Geology, Department of Conservation, P.O. Box 2980, Sacramento, CA 95812 -2980, 916 / 445 -5716, $12.00 including postage and handling) Earthquake Planning Scenario for a Magnitude 8.3 Earthquake on the San Andreas Fault in the San Francisco Bay Area, California. James Davis et al. California Department of Conservation, Division of Mines and Geology Special Publication 61, 1982. Scenario of damage caused by earthquake, maps. 160 pages. (California Division of Mines and Geology, Department of Conservation, P.O. Box 2980, Sacramento CA 95812 -2980, 916 / 445 -5716, $12.00 including tax, postage and handling) Earthquake Planning Scenario for a Magnitude 7.5 Earthquake on the Hayward Fault in the San Francisco Bay Area, California. James Davis er al. California Department of Conservation, Division of Mines and Geology Special Publication 78, 1987. Scenario of damage caused by earthquake, maps. (California Division of Mines and Geology, Department of Conservarion, P.O. Box 2980, Sacramento, CA 95812 -2980, 916- 445 -5716, $30.00 including tax, postage and handling) Planning Scenario for a Major Earthquake on the Newport - Inglewood Fault Zone (Los Angeles and Orange Counties, California). T. Toppozada et al. California Department of Conservation, Division of Mines and Geology Special Publication 99, 1988. Scenario of damage caused by earthquake, maps. 200 pages. (California Division of Mines and Geology, Department of Conservation, P.O. Box 2980, Sacramento, CA 95812 -2980, 916 / 445 -5716 $22.00 including tax, postage and handling) Planning Scenario for a Major Earthquake in the San Diego- Tijuana Metropolitan Area Michael Reichle or al. California Department of Conservation, Division of Mines and Geology Special Publication 100, 1990. Scenario of damage caused by earthquake, maps. Preprint, 215 pages. (California Division of Mines and Geology, Department of Conservation, P.O. Box 2980, Sacramento, CA 95812 -2980, 916 / 445 -5716, $22.00 including tax, postage and handling) Fault - rupture Hazard Zones in California. James Davis et al. California Department of Conservation, Division of Mines and Geology Special Publication 42, 1988 (revised). Alquist- Priolo Special Studies Zones Act of 1972 with index to special studies zone maps. 24 pages. (California Division of Mines and Geology, Department of Conservation, P.O. Box 2980, Sacramento, CA 95812- 2980, 916 / 445 -5716, $1.00 including tax, postage and handling) Living On The Fault. A Field Guide to the Visible Evidence of the Hayward Fault. Bay Area Regional Earthquake preparedness Project, 1988, 16 pages (Available from the Association of Bay Area Governments, P.O. Box 2050, Oakland, CA 94604, 510 / 464 -7900, P88004BAR, $5.00 including postage and handling, plus tax) Living On The Fault O: A Field Guide to the Visible Evidence of the San Andreas Fault. Bay Area Regional Preparedness Project. 1990, 16 pages. (Association of Bay Area Governments, P.O. Box 2050, Oakland, CA 94604, 510/464 -7900 P90003BAR, $5.00 plus M. Earthquakes. Bruce A. Bolt. Describes the origins, impacts, and aftermath of some devastating earthquakes, and what has been learned from them to predict earthquakes more accurately, build structures that resist earthquakes better, and plan more effective emergency response. 272 pages, 1991. W.H. Freeman & Co., New York. COPYRIGHT 1996 Property LD. Corporations 7ID All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any rnertp 1.. OF CALIFORNIA ® form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Page ES 27 Property I.D, Corporatione COPYRIGHT is not claimed as to any part of the original work prepared by a federal or state officer or employee as part of that person's official duties. 8Zsa **a ams io leaape( a AQ peiedaid pm lewQio aql sagnp ppigo s,uosiad leyl awielo Wu sl IHUIdAdUJ°uuyuiwioJ- Iwwvd ®yID1y03I'iV�30'A2•fY d ;aalloa� d000loyd'leoiueyoaw olumpala'sueaw ue dq wio) VK 1L aq.few uolleapgnd sp to lied oN pamasai slg6u Iltl guogenodro0.0.16padmd 96619 1HOISAd00 (uo!ssnwwoD WJES olwSps) ungo3, sewog L --I pus Jaum3y paJ3 Bug xaf j - mode -I / u2!saa JaPloog 'mollp3P009 sawe['JauoJS '-I urlig llamsog epuasg - JoJ!pg (SHO) saawaS Aaua2Jawa 3o aaigjp 'nJaIda qog Pua!JA aQ uay - 3a2turyg wrJSO'd (ddMdV9) ooa(w(I ssaupaisdaid aJlenbgaJtg ltuon2ad vwV deg uorss!wwoD AJa3eS onwsnaS aqa Aq pagsggn 1 :soaog(1 (T66T 3o swnJeaS `669 JwdaqD) aswJoD orunwo(J utwAlgwos v Aq pwogmt OOZ 1pg AlgwassV pus (066 T 3o saJnaeaS '60,1 saidegD) sgarA uvgo j uewAlgwassV Aq PWOgJnt 6562 il!g AigwassV Aq pannbai sr uonssnwwo:) A4a3tS Orws!aS aqa Aq paidope pus padopa p uaaq seg apm2 srgy uosreis!2al $31paJD 'saoaoenuoo pun; SJaawsua 'sJowrgoJe 'sJoJoadstu awoq 3o s2unsnl Jo3 looq auogd leaol mod JlnsuoD '9609-IZ8 / 008 73 jo Jsrl ieJJa3aJ a jog - sJoJaadsul alUGHJO A3ano03 ueJnJaury 'Mgwaw pa3!lrnb3o spuJa3w Jo3 £p48-88£ / 008 pus sJagwaw Aq pwa3jo saawas uouoadsw asnoq 2unquasap Jalgdwtd e 103 Z4£L-8Y8 1009 Ir - ZZ1Z6 Vo 'o2wQ UrS '00s aarnS "JQ aSBIVA elloj tl 0L£y'uont!oossV uonaadsul nuJsa lead tiwo31e:) '166& [Vt / 916 1p'a 's]a3Ul2u3 Jo3 Jsrl lrJJa3w t jog - tnuJO3gtD 3o stud( nJnS puel pus ssaaun8ug 2unlnsuo:) „•sJO3ang3jVjo amJnsul uranauJV„ Jo3 2wrsq AJwoanp auogd -alai alnsuoo `sJaidago Tmol woJ3 algelrrne am sJOaulplz 3o sas9 ltJJa3ad - snwrgoxV Io aanansui utmijDu V aqa 3o JwdtgD aruJO3!le:) (aaJ3'ZZZZ -£9Z / 916 `££856 VD'owaweJatS 00£ annS "JQ s.70 loa!duD SESZ 'sJoAaAJn3 purl pus siaaw2ua pwo!ssajoJ(I 'umatJJSd d 3o pJeog) saasaJaS hifdaJnS' puv7 pup 2u:Jaau!2ug o1 aprnq s,JawnsuoD V 0013 `46EE'S44 / 916 `S£Z9-p1856 VO 'oauaweJOSS '0004 aa!nS 9awaS d 004 `sJawunuxg punaawngoJV 3o pJrog enwo3lleD) 73al.igjd, up BurJJH of apyzq s.earunsuoD (aaJ3 '006£-SSZ / 916 !9Z856 VD 'oJUarutJOrS '0009Z xog -0d 'pJeog asuaoiZ amS s JoaarnuoD) ao»puuoD V dqH no`T ddofag mouy pinogS noel izgl l jopanuoD io Imu$ug 'aaairgmV 9ouadsul awoH t SonnH (2u!lpurg put Amsod I$ snld 00'£$ `68Z5-6U / £IZ `/5006 VD 'sala2uV sol 'pnlg wrgsliA% OOLZ 'sswD pad urouaurV) sa2td Z5 ISSOJD pad unwury azlpnb(pdvg up ur Ipva rns pup 4YPS (n3 ieaol Jnod snld 00'5$ '£845-256 / 818 'Z 1016 VD 'rpeueD r"I `9201 xog *0d 'swrnaoSSV put A3Jai3rl) 'daJa3irl (qq!-1 4.;unwwaD pu y Tllwvy 'awoH `aaiffp rof uonurnda j dz vnbyrrpg (saapao Aanumb Jo3 llsD 2u!lpurq put a2rrsod I= gu!pnpu! 5 T'£$ '0080-045/O I S 'OZ 6 VD 'Aala>)Jag `085£ xog 0d 'sewd aaugr,N) 'saitd 4Z '0661 'unogleD JrAJ3 looygS pup 'aJp/dVOM 'awoH WI! wvj Jof 8u/uuvl(j iGu Igza,d :aprnq Ivarains a�vnbgvV-7 awoH at Sutuutld Aaua2Jaw3 Commission Staff L. Thomas Tobin, Executive Director Rita Darden Mylene de la Rosa Teri De Vriend Kathy Goodell Carment Haters Ed Hensley Chris Lindstrom Richard McCarthy Fred Turner Seismic Safety Commission Senator Aired E. Alquist (William Gates) State Senate Hal Bernson Local Government Jerry Chang Soils - Engineering Lloyd S. Cluff Utilities Assemblyman Dominic L. Cortese (Tom White) State Assembly Morgan Davis Insurance The Commission gratefully acknowledges the assistance of the following organizations Owner Builder Center of Berkeley, California American Red Cross Earthquake Engineering Research Institute Structural Engineering Association of California California Real Estate Inspection Association Southern California Association of Residential Retrofit Professions California Building Officials California Council of the American Institute of Architects Southern California Gas Company San Diego Association of Governments Paul E Fratessa, Vice Chairman Structural Engineering Fred Herman Local Government Wilfred D. Iwan, Chairman Mechanical Engineering Jeff Johnson Seismology Gary L. McGavin Architecture and Planning James E. Slosson Geology Patricia Snyder Social Services Frances E. Winslow Emergency Services American Society of Home Inspectors Pacific Bell and state agencies *California Office of Emergency Services *Bay Area Regional Earthquake Preparedness Project *Southern California Earthquake Preparedness Project *California Division of Mines and Geology *Southern California Association of Governments *California Department of Insurance COPYRIGHT 01996 Property I.D. Corporatiopq. All rights reserved. No part of this p tification may be reproduced, stored in a retrieval system, or transmitted, in any Prupertp 3.319. OF CALIFORNIA ® form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Page ES 29 Property I.D. Corporatiorlo COPYRIGHT is not claimed as to any part of the original work prepared by a federal or state officer or employee as part of that person's oHical duties. Protect Your Family From Lead In Your Home EPA United States Environmental Protection Agency • United States 11 Consumer Product Sv Safety Commission Qpp1YEN°Fh ix - United States Department of Housing u and Urban Development 9 °9h oEK� U.S. EPA Washington DC 20960 U.S. CPSC Washington DC 20207 EPA 747 -K 94 901 May 1995 COPYRIGHT qs 1996 Property I.D. Corporation �( 71� All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any Prnpertp 313. OF CALIFORNIA. form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Page LBP l Property I.D. Corporation COPYRIGHT is not claimed as to any part of the original work prepared by a federal or state officer or employee as part of that person's official duties. sapp lelalpo s,uosiod legl to lied se aaAoldwa io iaalpo a�E alels ao Impel a Aq paiedaid giom lew6uo eql to lied Aue of se pawrelo toe s118918Ad00�o6eaotlao0 a.1 AUadmd ®VINH03I -TV3 30 •p� d as doa louolsslwiaduapumiopdagllnogl! m' aslmiagloPlo' 6wpiooai' 6ulAdwologd' Imustlantlumpala'sueawdueAgwiol oie,� d Aue m'paplwsueA io'walsAs lenaplai a ui paiols'peonpmdm aq Aew uc.161gnd sail to lied oN'p wsai slg6u IIV %011eiodlo0'01 Alaadmd 966l 018918dd00 'OLZU- M-008-1 OOZ Ilea 'pwtrdwt eutaeay ay ao j (AO&asda &ojw :aauaaml) 'ZLLZ-8£9-008-T Ilya dan(ua paaelai-impoad r ao aanpoad aawnsuoo ajrsun ur aaodaa w ao 'snnpoad aawnsuoa ut peal uo uourwaojw asanbaa o,l auipnH uoassiwwoO AGajeS aanpoad aawnsuoO 'aaarm dm>luup m prat anogr vourwaojm aol T6Lt-97t-008-1 IIEJ aumpoH aaleA& 9unpauO a3eS s.Vd3 '(wO:),SIVD &3H3 wmaml `Z611-659-ZOZ -XV3) '95y5-9Z5 -008-1 (101,1P 'pifedwi fuuray ay aoj - (n- n-4Z17-008-T )r asnog2uueap s,aamaa aqa pra'sparzey peal uo uouewaojua aayao aoj 8umosaod peal woaj uaappy aaaaoad w moq weal w LI3-OV3 -I -008-1 IIE;a aaluaD uoneuuoful peal leuopeH ayl uOTIVIUro3ul alow JOj jtasanod autrd paseq -pral aAOnaaa w do >,uoO , peal utemoa dEw arga saarjms palmed uo aadedpurs dap ao 9adrns tip 'yaaw auedoad 'japurs -alaq r asn a,uoO , (samlapn2 aoj Qv-37 -a zZ -008-1 IrD) Juaarnouw ao Suyapoww uaym asnp Aral w aansodxa prone w suopneaaad ashy , 'auaed 5wddago jo dmload qa!m saarjans Sutxy anogr paolpurl mod w jjr-L , ,asnoq Juuama aaojaq saogs jjo pos acllA , saaejms aagao pur sips mopuim 'saooU urap dprin; ad , 'sparzry peat aoj pa>)aaya awoy mod aaD , spooj arj -mol 'dg3pa4 ara uaapl!go arcs ajvw , 'uaajo sdw pur 'saayurd 's, pImq 'spurq suaappy:) ysrx , dyateay =as hip y uana 'peal aoj paasaa uaappyo gunod mo:( wD :praT3o slam) y3Tq sey;)woq anoi3Iuitp not 31 spaezaH paa-1 woad Allwe.1 anoA 1391oad of sdajS aldwiS Some cities and states have their own rules for lead -based paint activities. Check with your state agency (listed below) to see if stare or local laws apply to you. Most state agencies can also provide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. State /Region Phone Number StarelRegion Phone Number State /Region Phone Number Alabama (205) 242 -5661 Louisiana (504) 765 -0219 Ohio (614) 466 -1450 Alaska (907) 465 -5152 Maine (207) 287 -4311 Oklahoma (405) 271 -5220 Arizona (602) 542 -7307 Maryland (410) 631 -3859 Oregon (503) 248 -5240 Arkansas (501) 661 -2534 Massachusetts (800) 532 -9571 Pennsylvania (717) 782 -2884 California (510) 450 -2424 Michigan (517) 335 -8885 Rhode Island (401) 277 -3424 Colorado (303) 692 -3012 Minnesota (612) 627 -5498 South Carolina (803) 935 -7945 Connecticut (203) 566 -5808 Mississippi (601) 960 -7463 South Dakota (605) 773 -3153 Delaware (302) 739 -4735 Missouri (314) 526 -4911 Tennessee (615) 741 -5683 Florida (904) 488 -3385 Montana (406) 444 -3671 Texas (512) 834 -6600 Georgia (404) 657 -6514 Nebraska (402) 471 -2451 Utah (801) 536 -4000 Hawaii (808) 832 -5860 Nevada (702) 687 -6615 Vermont (802) 863 -7231 Idaho (208) 332 -5544 New Hampshire (603) 271 -4507 Virginia (800) 523 -4019 Illinois (800) 545 -2200 New Jersey (609) 633 -2043 Washington (206) 753 -2556 Indiana (317) 382 -6662 New Mexico (505) 841 -8024 Washington, DC (202) 727 -9850 Iowa (800) 972 -2026 New York (800) 458 -1158 West Virginia (304) 558 -2981 Kansas (913) 296 -0189 North Carolina (919) 715 -3293 Wisconsin (608) 266 -5885 Kentucky (502) 564 -2154 North Dakota (701) 328 -5188 Wyoming (307) 777 -7391 EPA Regional Offices Your Regional EPA Office can provide further information regard- ing regulations and lead protection programs. EPA Regional Offices Region 1 (Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont) John F. Kennedy Federal Building One Congress Street Boston, MA 02203 (617) 565 -3420 Region 2 (New Jersey, New York, Puerto Rico, Virgin Islands) Building 5 2890 Woodbridge Avenue Edison, NJ 08837 -3679 (908) 321 -6671 Region 3 (Delaware, Washington DC Maryland, Pennsylvania, Virginia, West Virginia) 841 Cesinut Building Philadelphia, PA 19107 (215) 597 -9800 Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee) 345 Courtland Street NE Atlanta, GA 30365 (404) 347 -4727 Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin) 77 West Jackson Boulevard Chicago, IL 60604 -3590 (312) 886 -6003 Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas) First Interstate Bank Tower 1445 Ross Avenue, 12th Floor, Suite 1200 Dallas, TX, 75202 -2733 (214) 665 -7244 Region 7 (Iowa, Kansas, Missouri, Nebraska) 726 Minnesota Avenue Kansas City, KS 66101 (913) 551 -7020 Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming ) 999 18th Street, Suite 500 Denver, CO 80202 -2405 (303) 293 -1603 Region 9 (Arizona, California, Hawaii, Nevada) 75 Hawthorne Street San Francisco, CA 94105 (415) 744 -1124 Region 10 (Idaho, Oregon, Washington, Alaska) 1200 Sixth Avenue Seattle, WA 98101 (206) 553 -1200 CPSC Regional Offices Eastern Regional Center 6 World Trade Center Vesey Street, Room 350 New York, NY 10048 (212) 466 -1612 Central Regional Center 230 South Dearborn Street Room 2944 Chicago, IL 60604 -1601 (312) 353 -8260 Western Regional Center 600 Harrison Street, Room 245 San Francisco, CA 94107 (415) 744 -2966 COPYRIGHT @c 1996 Property I.D. Corporation;, All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any 30ropprtp IM". OF CALIFORNIA® form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Page LBP 9 Property L . Corporations COPYRIGHT is not claimed as to any part of the original work prepared by a federal or state officer or employee as part of that person's official duties. LN 1'#116 N;MORE TiiAN A RECEB!T .. f) Ti! A'. CONTRACT a. RD FORM DATE: at RECEIVED FROM THE SUM OF BY ❑ Cash ❑ Cashier's check ❑ Personal check Or PAYABLE TO TO BE HELD UNCASHED UNTIL ACCEPTANCE of this offer as a deposit to be applied toward the PURCHASE PRICE OF FOR PURCHASE OF PROPERTY SITUATED IN COUNTY OF DESCRIBED AS ASSESSOR'S PARCEL N 1. FINANCING: The obtaining of Buyer's financing is a contingency of this Agreement. A. DEPOSIT upon acceptance, to be deposited into B. INCREASED DEPOSIT within calendar days from acceptance to be deposited into C. BALANCE OF DOWN PAYMENT to be deposited into on of before D. BALANCE OF PURCHASE PRICE AS FOLLOWS: ,Dollars $ Dollars $ E. TOTAL PURCHASE PRICE: .................................... ......................................... .............. .......... .... ............ ......... ......... .... $ F. Buyer agrees to act diligently and in good faith to obtain all applicable financing. G. ADDITIONAL FINANCING TERMS: California, California, 2. BONDS AND ASSESSMENTS: IF ASSUMED BY BUYER: ❑ OF RECORD ❑ NOT YET A LIEN ............. ............................... $ 3. ASSUMPTION OR "SUBJECT TO ": In the stem Buyer assumes or lakes title subject to existing loan(s), bond(s) or assessment(s), Seller shall provide Buyer with copies of applicable notes, Deeds of Trust, and bond schedules. A loan may contain a number of features which affect the loan, such as interest rate changes, monthly payment changes, balloon payment(s), etc. Buyer shall be allowed calendar days after receipt of such copies to notify Seller in writing of disapproval. Buyer's approval shall not be unreasonably withheld. Difference in existing loan balances shall be adjusted in ❑ Cash, or ❑ . Paragraph 16 is incorporated herein. 6. SUPPLEMENTS: The ATTACHED supplements are incorporated herein: 5. ESCROW: Buyer and Seller shall deliver signed instructions to the Escrow Holder, within calendar days from acceptance which shall provide tot closing within calendar days from acceptance. Escrow fees to be paid as follows: Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 1 of Pages. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) THIS STANDARDIZED DOCUMENTHAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORb- (C.A.R.) IN FORM ONLY: NO REPRESENTATION IS MADE AS TO THE APPROVAL OF THE FOtiMOF ANY SUPPLEMENTS fgOTCURRENTLY PUBLISHED BY C.A.R.ORTHE LEGAL VALIDITY OR ADEQUACY OF ANY7JlYSPECIFK :TRANSACTION. IT SHOULD NOT BE USED WITH EXTENSIVE RIDERS OR ADDITIONS. tr;i: if AREAL ESTATE BROKER ISTHE PERSON OUALIFIEDTO ADVISEON REALESTATE TRANSACTIONS. IF YOU DESIRE LEDA'L'6 Ty ANAPPROPRIATEPROFESSIONAL. The Copyright laws of the United Stales (17 U.S. Cafe) forbid the unauthorized OFFICE USE ONLY reproduction of iris torn by any mate XKII Wv facsimile or NTpuleruM formM. 4. copyright° 19641995, CALIFORNIA ASSOCIATION OF REALTORS' Reviewed by Broker or Desyites 525 Soum Virgil Avenue, Los Angeles, California 99020 Date ppjpgjzMly REVISED 395 BROKER'S COPY Nye AUG 45 �._ ..SOTS AND LAND PURCHASE CONTRACT IDli PARE 1 119; rl - - -- F. _4nryaAilJ § N + "�, '.5 ;• t >M:JFr -rjy 4._ ..� Jn DATE: at California, RECEIVED FROM ( "Buyer ") THE SUM OF ..'Dollars $ BY ❑ Cash ❑ Cashier's check ❑ Personal check Or PAYABLE TO TO BE HELD UNCASHED UNTIL ACCEPTANCE of this offer as a deposit to be applied toward the PURCHASE PRICE OF Dollars $ FOR PURCHASE OF PROPERTY SITUATED IN COUNTY OF California, DESCRIBED AS ASSESSOR'S PARCEL # ' 1. FINANCING: The obtaining of Buyer's financing is a contingency of this Agreement. A. DEPOSIT upon acceptance, to be deposited into $ B. INCREASED DEPOSIT within - calendar days from acibplance to be deposited into $ C. BALANCE OF DOWN PAYMENT to be deposited into on or before $ D. BALANCE OF PURCHASE PRICE AS FOLLOWS: E. TOTAL PURCHASE PRICE: ................................................................ ....... ......... ............ ............ ......... ......... ...................... $ F. Buyer agrees to act diligently and in good faith to obtain all applicable financing. G. ADDITIONAL FINANCING TERMS: .' 1 2. BONDS AND ASSESSMENTS: IF ASSUMED BY BUYER: ❑ OF RECORD ❑ NOT YET A LIEN ............. ............................... $ 3. ASSUMPTION OR "SUBJECT TO": In the event Buyer assumes or takes title subject to existing loarl bond(s) or assessment(s), Seller shall provide Buyer with copies of applicable notes, Deeds of Trust, and bond schedules. A loan may contain a number of features which affect the loan, such as interest rate changes, monthly payment changes, balloon payment(s), etc. Buyer shall be allowed calendar days after receipt of such Copies to notify Seller in writing of disapproval. Buyers approval shall not be unreasonably withheld. Difference in existing loan balances shall be adjusted in ❑ Cash, or ❑ . Paragraph 16 is Incorporated herein. 4. SUPPLEMENTS: The ATTACHED supplements are incorporated herein: ❑ ❑ ❑ ❑ ❑ ❑ S. ESCROW: Buyer and Seller shall deliver signed instructions to the Escrow Holder, within calendar days from acceptance which shall provide for closing within calendar days from acceptance. Escrow fees to be paid as follows: Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 1 of Pages. Buyer's Initials ( ) ( I Seller's Initials ( ) ( ) THIS STANDARDIZEDDOCUMENT HAS BEEN TPU' dUA6RNNASSOCWnGN .QFREAYTORSS�(C:AAY.)1NFORM ONLY. NO REPRESlNTAYION IS MADE ASTOTHE APPROVAL A(!PF>pVEOBY .. OF THE FORM OF ANY SUPPLEMENTS NOTCURRIENTLY PUBLISHED BY C. A. R. OR THE LEGAL VALIDRYOR ADEQUACY OFANY PROVISION IN ANY SPECIFIC TRANSACTION IT SHOU.W NOT BE USED WITH EXTENSIVE RIDERS OR ADDITIONS. AREAL ESTATEBROKER IS THE PERSONQUALIFIED TOADVISEGN REALESTATETRAI NSACTION&IFYOUDWREAAM OA TAiA*a:E, T-ATIAPPHF M1 The copyright Ia.$ of me UMW Slates (n U.S. Code) forbid Ile unautWized OFFICE USE ONLY ^ ' reprodutian of fhb loanby" means 'n[1uOn91ecsimYe d oeTpAeri[ed hx . U 1 CopwighlS 1989-19%, CALIFORNIA ASSOCIATON OF REALTORS' FDate by Broker or OBSignee 525 South Virgil Avenue. Los AngeNS. California 90820 REVISED 3195 BUYER'S C OPY wAA G95 �_ LOTS AMD-LAW PURCHASE CONTRACT MILL iA MIL ' — 0 L DATE: at RECEIVED FROM THE SUM OF BY ❑ Cash ❑ Cashier's check ❑ Personal check PAYABLE TO TO BE HELD UNCASHED UNTIL ACCEPTANCE of this offer as a PURCHASE PRICE OF FOR PURCHASE OF PROPERTY SITUATED IN DESCRIBED AS • , to be applied toward the COUNTY OF ASSESSOR'S PARCEL X 1. FINANCING-,The obtaining of Buyer's financing is a contingency of this Agreement. A. DEPO*Mpon acceptance, to be deposited into B. INCREASED DEPOSIT within calendar days from acceptance to be deposited into C. BALANCE OF DOWN PAYMENT to be deposited into ,; on or before D. BALANCE OF PURCHASE PRICE AS FOLLOWS: f E. TOTAL PURCHASE PRICE: ................................................................................. F Buyer agrees to act diligently and in good faith to obtain all applicable financing. G. ADDITIONAL FINANCING TERMS: ........... $ 2. BONDS AND ASSESSMENTS: IF ASSUMED BY BUYER: ❑ OF RECORD ❑ NOT YET A LIEN ............. ............................... $ 3. ASSUMPTION OR "SUBJECT TO ": In the event Buyer assumes or takes title subject to existing loan(s), bond(s) or assessment(s), Seller shall provide Buyer with copies of applicable notes, Deeds of Trust, and bond schedules. A loan may contain a number of features which affect the loan, such as interest rate changes, monthly payment changes, balloon payment(s), etc. Buyer shall be allowed calendar days after receipt of such copies to notify Seller in writing of disapproval. Buyer's approval shall not be unreasonably withheld. Difference in existing loan balances shall be adjusted in ❑ Cash, or ❑ . Paragraph.16 is Incorporated herein. 4. SUPPLEMENTS: The ATTACHED supplements are incorporated herein: ❑ ❑ ❑ ❑ ❑ ❑ 5. ESCROW: Buyer and Seller shall deliver signed instructions to the Escrow Holder, within calendar days from acceptance which shall provide for closing within calendar days from acceptance. Escrow fees to be paid as follows: Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 1 of Pages. Buyer's Initials ( ) I-) Seller's Initials ( ) ( ) T1'lIS SfANDARD2ED.DOCUMENTHASBEEN APPROVED BYTHE CALIFOANIAASSOCIATONOFAMgttOFW (CA-R.) INFORM ONLY. NO REPRESENTATION IS MADE ASTOTHE APPROVAL OF THE FORM OFANY SUPPLEMENTS NOT CURRENTLY PUBLISHED BY C.A.R. OR THE LEGAL VALIDIjYOR ADECIUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. IT SHOULD NOT BE USED WITH EXrENSIVE RIDERS OR - ADDITIONS.' A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS: IF YOU DESIRE LEGAL OP TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL The Copyright laws of the United States (1] U.S. Code) forbid the unauthorized OFFICE USE ONLY reprodudion d this form by any means ind uding facsimile or computen sed formats. Copyrghts 1999 -1995, CALIFORNIA ASSOCIATION OF REALTORS' FDate by Broker Or Designee 525 South Vigif Avenue. Los Argelea, California 90029 C1 1 C feuu loleee REVISED 395 SELLER'S COPY n .LOTS AND LAND PURCHASE CONTRACT-Mill A -sa iiiiiiiii CALIFORNIA ASSOCIATION N ORS . DATE: ' at RECEIVED 9FAW The copyright laws of the United States (1] U.S. Cade) forbid the unauthorized California, ( "Buyei ') _ THE SUM OF BY ❑ Cash ❑ Cashier's check ❑ Personal check Or ❑ PAYABLE TO Dollars $ TO BE HELD UNCASHED UNTIL ACCEPTANCE of this offer as a deposit to be applied toward the PURCHASE PRICE OF FOR PURCHASE OF PROPERTY SITUATED IN _ COUNTY OF DESCRIBED AS Dollars $ California, ASSESSOR'S PARCEL # 1. FINANCING: The obtaining of Buyer's financing is a contingency of this Agreement. A. DEPOSIT upon acceptance, to be deposited into B. INCREASED DEPOSIT within calendar days from acceptance to be deposited into C. BALANCE OF DOWN PAYMENT to be deposited into on or before i D. BALANCE OF PURCHASE PRICE AS FOLLOWS: '^ $ $ $ O OAn�.w1Y REVISED 3/95 QUADRUPUCATE .. . MM AUG 95 .rte . ._.. _1nT9 AM111 AMD Ail AAAC.e11C at all $ E. TOTAL PURCHASE PRICE: ................................................................................................................. ..................................... F Buyer agrees to act diligently and in good faith to obtain all applicable financing. $ G. ADDITIONAL FINANCING TERMS: 2. BONDS AND ASSESSMENTS: IF ASSUMED BY BUYER: ❑ OF RECORD ❑ NOT YET A LIEN ............. ............................... $ 3. ASSUMPTION OR "SUBJECT TO ": In the event Buyer assumes or takes title subject to existing loan(s), bonds) or assessment(s). Seller shall provide Buyer with copies of applicable notes, Deeds of Trust, and bond schedules. A loan may contain a number of features which affect the loan, such as interest rate changes, monthly payment changes, balloon payment(s), etc. Buyer shall be allowed calendar days after receipt of such copies to notify Seller in writing of disapproval. Buyer's approval shall not be unreasonably withheld. Difference in existing loan balances shall be adjusted in ❑ Cash, or ❑ Paragraph 16 is Incorporated herein. 4. SUPPLEMENTS: The ATTACHED supplements are incorporated herein: - ❑ ❑ ❑ 5. ESCROW: Buyer and Seller shall deliver signed instructions to the Escrow Holder, within calendar days from acceptance which shall provide for closing within calendar days from acceptance. Escrow fees to be paid as follows: Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 1 of Pages. Buver's Initials I-) I-) Seller's Initials ( ) I-) THIS STANDARDIZED DOCUMENT HAS BEEN APPROVED BYTHE CALIFORNIAASSOCIATION OFREALTOHS- (C.A.R.) INFORM ONLY. NOREPRESENTATION IS MADE AS TO THE APPROVAL OF THE FORM OFANY SUPPLEMENTS NOT CURRENTLY PUBLISHED BY C.A.R. OR THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. IT SHOULD NOT BE USED WITH EXTENSIVE RIDERS OR ADDITIONS. A REAL ESTATE BROKER ISTHE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IFYOU DESIRE LEGALOR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. The copyright laws of the United States (1] U.S. Cade) forbid the unauthorized OFFICE USE ONLY reproduction of this form by any means including facsimile or computerized formats. Copyright -r. 1999 -1995, CALIFORNIA ASSOCIATION OF REALTORS' FDate by Broker or Designee 525 South Virgil Avenue. Los Angeles, California 90020 O OAn�.w1Y REVISED 3/95 QUADRUPUCATE .. . MM AUG 95 .rte . ._.. _1nT9 AM111 AMD Ail AAAC.e11C at Subject Property Address: , ig 6. TITLE: Title is to be free of liens, encumbrances, easements, restrictions, rights and conditions of record or known to Seller, other than the following: (a) current property taxes, (b) covenants, conditions, restrictions, and public utility easements of record, if any, provided the same do not adversely affect the continued use of the Property for the purposes for which it is presently being used, unless reasonably disapproved by Buyer in writing within calendar days from receipt of a current preliminary report furnished at Seller shall furnish Buyer at expense a expense, and (c) title policy issued by Company, showing title vested in Buyer subject only to the above. If Seller is unwilling or unable to eliminate any title matter disapproved by Buyer as above, Buyer may terminate this Agreement. If Seller fails to deliver title as above, Buyer may terminate this Agreement; in either case, the deposit shall be returned to Buyer. Paragraph 16 is incorporated herein. 7. VESTING: Unless otherwise designated in the escrow instructions of Buyer, title shall vest as follows: (The manner of taking title may have significant legal and tax consequences. Therefore, give this matter serious consideration.) 8. PRORATIONS: Property taxes, payments on bonds and assessments assumed by Buyer, interest, rents, association dues, premiums on insurance acceptable to Buyer and shall be paid current and prorated as of ❑ the day of recordation of the deed; or ❑ . Bonds or assessments of record shall be ❑ paid current by Seller, payments not yet due to be assumed by Buyer; or ❑ paid in full by Seller, including payments not yet due; or ❑ _ County transfer tax shall be paid by The transfer tax or transfer fee shall be paid by PROPERTY WILL BE REASSESSED UPON CHANGE OF OWNERSHIP. THIS WILL AFFECT THE TAXES TO BE PAID. A supplemental tax bill will be issued, which shall be paid as follows: (a) for periods after close of escrow, by Buyer (or by final acquiring party if part of an exchange), and (b) for periods prior 10 close of escrow, by Seller. TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. 9. POSSESSION: Possession shall be delivered to Buyer, ❑ on close of escrow, or ❑ not later than calendar days after close of escrow, or ❑ 10. SECURITY DEPOSITS: Security deposits, if any, to the extent they have not been applied by Seller in accordance with the rental agreement and current law, shall be transferred to Buyer on close of escrow. 11. TAX WITHHOLDING: (a) Under the Foreign Investment in Real Property Tax Act ( FIRPTA), IRC §1445, every Buyer of U.S. real property must, unless an exemption applies, deduct and withhold from Seller's proceeds 10% of the gross sales price. The primary FIRPTA exemptions for non - residential property are: No withholding is required if (i) Seller provides Buyer with an affidavit, under penalty of perjury, that Seller is not a "foreign person;' or (ii) Seller provides Buyer with a "qualifying statement" issued by the Internal Revenue Service. (b) In addition, under California Revenue and Taxation Code §18662, every Buyer must, unless an exemption applies, deduct and withhold from the Seller's proceeds 31/a% of the gross sales price it the Seller has a last known street address outside of California, or if the Seller's proceeds will be paid to a financial intermediary of the Seller. The primary exemptions for non - residential property are: No withholding is required if (i) the property is selling for $100,000 or less, or (ii) the Franchise Tax Board issues a certificate authorizing a lower amount or no withholding, or (iii) the Seller signs an affidavit stating that the Seller is a California resident or a corporation qualified to do business in California. (c) Seller and Buyer agree to execute and deliver as directed any instrument, affidavit, or statement reasonably necessary to carry out those statutes and regulations promulgated thereunder. 12. MULTIPLE LISTING SERVICE: If Broker is a participant of an Association /Board multiple listing service ( "MLS "), the Broker is authorized to report the sale, its price, terms, and financing for the publication, dissemination, information, and use of the authorized Association /Board members, MLS participants and subscribers. 13. FLOOD HAZARD AREA DISCLOSURE: If the subject Property is situated in a "Special Flood Hazard Area' as set forth on a Federal Emergency Management Agency (FEMA) "Flood Insurance Rate Map' (FIRM) or "Flood Hazard Boundary Map" (FHBM) then Seller shall, within calendar days from acceptance, disclose this fact in writing to Buyer. The law provides that as a condition of obtaining financing on most structures located in a "Special Flood Hazard Area;' lenders require flood insurance where the property or its attachments are security for a loan. Buyer is allowed calendar days from receipt of the disclosure, to make further inquiries at Buyer's lender, insurance agent, or other appropriate entities. When such inquiries disclose conditions or information unsatisfactory to the Buyer, Buyer shall give written notice of disapproval to Seller within this latter time period. Paragraph 16 Is incorporated herein. 14. GEOLOGIC HAZARD ZONES: If the subject Property is situated in a Special Studies Zone as designated under § §2621 -2625, inclusive, of the California Public Resources Code or in a locally designated geological hazard zone(s) or area(s) where disclosure is required by local ordinance, then Seller shall, within calendar days from acceptance, disclose this fact(s) in writing to Buyer. The construction or development of any structure for human occupancy located within a special studies zone may be subject to the findings of a geologic report prepared by a geologist registered in the State of California, unless such report is waived by the City or County under the terms of that act. Buyer is allowed calendar days from receipt of the disclosure to make further inquiries at appropriate governmental agencies concerning the use of the subject Property under the terms.of the Special Studies Zone Act and local building, zoning, fire, health and safety codes. When such inquiries disclose conditions or information unsatisfactory to the Buyer, Buyer shall give written notice of disapproval to Seller within this latter time period. Paragraph 16 Is incorporated herein. 15. ADDITIONAL TERMS AND CONDITIONS: ONLY THE FOLLOWING PARAGRAPHS A THROUGH M WHEN INITIALLED BY BOTH BUYER AND SELLER ARE INCORPORATED IN THIS AGREEMENT. Buyer's Initials Seller's Initials A. PHYSICAL AND GEOLOGICAL INSPECTION: Buyer shall have the right, at Buyer's expense, to select licensed contractors) and other qualified professional(s), to make "INSPECTIONS" (including tests, surveys, other studies, inspections, and investigations) of the subject Property including but not limited to sewerfseptic system, well, soils, percolation, geologic conditions and environmental hazards, such as but not limited to, any past or current generation, storage, release, threatened release, disposal, and presence and location of asbestos, PCB transformers, petroleum products, flammable explosives, underground storage tanks and other hazardous, toxic or contaminated substance or condition, on or about the Property. Buyer shall keep the subject Property free and clear of any liens, indemnify and hold Seller harmless from all liability, claims, demands, damages or costs, and repair all damages to the Property arising from the "INSPECTIONS." All claimed defects concerning the condition of the Property that adversely affect the continued use of the Property for the purposes for which it is presently being used (❑ or as ) shall be in writing, supported • PPo by written reports, if any, and delivered to Seller within calendar days from acceptance FOR "INSPECTIONS" OTHER THAN GEOLOGICAL, and within calendar days for GEOLOGICAL "INSPECTIONS.' Buyer shall furnish Seller copies, at no cost, of all reports concerning the Property obtained by Buyer. Paragraph 16 is incorporated herein. Buyer's Initials Seller's Initials B. UTILITIES AND SERVICES: Within calendar days from acceptance, Buyer shall have the right to determine the availability and costs of utilities and services including but not limited to sewerage, sanitation, water, electricity, gas, telephone, cable TV and drainage. When such inquiries disclose conditions or information which are unsatisfactory to Buyer, Buyer shall give written notice of disapproval to Seller within the time period herein. Paragraph 16 is incorporated herein. Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 2 of Pages. Buyer's Initials I-) ( ) Seller's Initials ( ) I-) OFFICE USE ONLY FDOate by Broker or Designee rues tow ed BROKER'S COPY " _.ter •_ — — - --- - -.... a,.awa..a. -- - --- -- -- - - - — - - -. .. _... Subject Property Address: , 19 6. TITLE: Title Is to be free of liens, encumbrances, easements, restrictions, rights and conditions of record or known to Seller, other than the following: (a) current property taxes, (b) covenants, Conditions, restrictions, and public utility easementsof record, if any, provided the same do not adversely affect the continued use of the Property for the purposes for which it is Presently being used, unless reasonably disapproved by Buyer in writing within calendar days from receipt of a current preliminary report furnished at expense, and (c) Seller shall furnish Buyer at aratirse a title policy issued by Company, showing title vested in Buyer subject only to the above. "Seller is unwilling or unable to eliminate any title matter disapproved by Buyer as above, Buyer may terminate this Agreement. If Seller fails to deliver title as above, Buyer may terminate this Agreement; in either case, the deposit shall be returned to Buyer. Paragraph 16 is incorporated herein. 7. VESTING: Unless otherwise designated in the escrow instructions of Buyer, title shall vest as follows: (The manner of taking title may have significant legal and tax consequenclitt. Therefore, give this matter serious consideration.) 8. PRORATIONS: Property taxes, payments on bonds and assessments assumeilitliy Buyer, interest, rents, association dues, premiums on insurance acceptable to Buyer and shall be paid current and prorated as of ❑ the day of recordation of the deed; or ❑ . Bonds or assessments of record shall be ❑ paid current by Seller, payments not yet due to be assumed by Buyer; or ❑ paid in full by Seller, including payments not yet due;, or ❑ . County transfer tax shall be paid by . The transfer tax or transfer fee shall be paid by PROPERTY WILL BE REASSESSED UPON CHANGE OF OWNERSHIP THIS WILL AFFECT THE TAXES TO BE PAID. A supplemental tax bill wilt be issued,41tich shall be paid as follows: (a) for periods after close of escrow, by Buyer (or by final acquiring party if part of an exchange), and (b) for periods prior 10 tot escrow, by Seller TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. 9. POSSESSION: Possession shall be delivered to Buyer, ❑ on close of escrow, or ❑ not later than calendar days after close of escrow, or ❑ 10. SECURITY DEPOSITS: Security deposits, if any, to the extent they have not been applied by Setter in accordance with the rental agreement and current law, shall be transferred to Buyer on close of escrow. 11. TAX WITHHOLDING: (a) Under the Foreign Investment in Real Property Tax Act(FIRPTA), IRC §1445, every Buyer of U.S. real property must, unless an exemption applies, deduct and withhold from Seller's proceeds 10% of the gross abfes price. The primary FIRPTA exemptions for non - residential property are: No withholding is required if (1) Seller provides Buyer with an affidavit, under penalty of perjury, that Seller is not a "foreign person;' or (ii) Seller provides Buyer with a "qualifying statement" issued by the Internal Revenue Service. (b) In addition, under California Revenue and Taxation Code §18662, every Buyer must, unless an exemption applies, deduct and withhold from the Seller's proceeds 31/3% of the gross sales price if the Seller has a last known street address outside of California, or if the Seller's proceeds will be paid to a financial intermediary of the Seller. The primary exemptions for non - residential property are: No withholding is required if (i) the property is selling for $100,000 or less, or (it) the Franchise Tax Board issues a certificate authorizing a lower amount or no withholding, or (iii) the Seller signs an affidavit stating that the Seller is a California resident or a corporation qualified to do business In California. (c) Seller and Buyer agree to execute and deliver as directed any instrument, affidavit, or statement reasonably necessary to carry out those statutes and regulations promulgated thereunder. 12. MULTIPLE LISTING SERVICE: If Broker is a participant of an Association /Board multiple listing service ( "MLS "), the Broker is authorized to report the sale, its price, terms, and financing for the publication, dissemination, information, and use of the authorized Association /Board members, MLS participants and subscribers. 13. FLOOD HAZARD AREA DISCLOSURE: If the subject Property is situated in a "Special Flood Hazard Area" as set forth on a Federal Emergency Management Agency (FEMA) "Flood Insurance Rate Map" (FIRM) or "Flood Hazard Boundary Map" (FHBM) then Seller shall, within calendar days from acceptance, disclose this fact in writing to Buyer. The law provides that as a condition of obtaining financing on most structures located in a "Special Flood Hazard Area;' lenders require flood insurance where the property or its attachments are security for a loan. Buyer is allowed calendar days from receipt of the disclosure, to make further inquiries at Buyer's lender, insurance agent, or other appropriate entities. When such inquiries disclose conditions or information unsatisfactory to the Buyer, Buyer shall give written notice of disapproval to Seller within this latter time period. Paragraph 16 is incorporated herein. 14. GEOLOGIC HAZARD ZONES: If the subject Property is situated in a Special Studies Zone as designated under § §2621 -2625, inclusive, of the California Public Resources Code or in a locally designated geological hazard zone(s) or areas) where disclosure is required by local ordinance, then Seller shall, within calendar days from acceptance, disclose this fact(s) in writing to Buyer. The construction or development of any structure for human occupancy located within a special studies zone may be subject to the findings of a geologic report prepared by a geologist registered in the State of California, unless such report is waived by the City or County under the terms of that act. Buyer is allowed calendar days from receipt of the disclosure to make further inquiries at appropriate governmental agencies concerning the use of the subject Property under the terms of the Special Studies Zone Act and local building, zoning, fire, health and safety codes. When such inquiries disclose conditions or information unsatisfactory to the Buyer, Buyer shall give written notice of disapproval to Seller within this latter time period. Paragraph 16 is incorporated herein. 15. ADDITIONAL TERMS AND CONDITIONS: ONLY THE FOLLOWING PARAGRAPHS A THROUGH M WHEN INITIALLED BY BOTH BUYER AND SELLER ARE INCORPORATED IN THIS AGREEMENT. Bayer's Initials seders Initials Z A. PHYSICAL AND GEOLOGICAL INSPECTION: Buyer shall have the right, at Buyer's expense, to select licensed contractor(s) and other qualified professional(s), to make "INSPECTIONS" (including tests, surveys, other studies, inspections, and investigations) of the subject Property including but not limited to sewer/septic system, well, soils, percolation, geologic conditions and environmental hazards, such as but not limited to, any past or current generation, storage, release, threatened release, disposal, and presence and location of asbestos, PCB transformers, petroleum products, flammable explosives, underground storage tanks and other hazardous, toxic or contaminated substance or condition, on or about the Property. Buyer shall keep the subject Property free and clear of any liens, indemnify and hold Seller harmless from all liability, claims, demands, damages or costs, and repair all damages to the Property arising from the "INSPECTIONS" All claimed defects concerning the condition of the Property that adversely affect the continued use of the Property for the purposes for which it is presently being used (❑ or as ) shall be in writing, supported by written reports, if any, and delivered to Seller within calendar days from acceptance FOR "INSPECTIONS" OTHER THAN GEOLOGICAL, and within calendar days for GEOLOGICAL "INSPECTIONS" Buyer shall furnish Seller copies, at no cost, of all reports concerning the Property obtained by Buyer. Paragraph 16 is incorporated herein. Buyer's lnBiale seller's Initials B. UTILITIES AND SERVICES: Within calendar days from acceptance, Buyer shall have the right to determine the availability and costs of utilities and services including but not limited to sewerage, sanitation, water, electricity, gas, telephone, cable TV and drainage. When such inquiries disclose conditions or information which are unsatisfactory to Buyer, Buyer shall give written notice of disapproval to Seller within the time period herein. Paragraph 16 is incorporated herein. Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 2 of Pages. Buyer's Initials I-) I-) Seller's Initials ( ) ( OFFICE USE ONLY Foals by Broker or Designee taut x)i9ar _.� _ ... BUYER'S COPY axe," v u■ . Subject Property Address: 19 6. TITLE: Title is to be free of liens, encumbrances, easements, restrictions, rights and conditions of record or known to Seller, other than the following: (a) current property taxes, (b) covenants, conditions, restrictions, and public utility easements of record, if any, provided the same do not adversely affect the continued use of the Property for the purposes for which it is presently being used, unless reasonably disapproved by Buyer in writing within calendar days from receipt of a current preliminary report furnish ad at expense, and (c) Seller shall furnish Buyer at expense a title policy issued by c... Company, showing title vested in Buyer subject only to the above. If Salle 9' unwilling or unable to eliminate any title matter disapproved y Buyer as above, Buyer may terminate this Agreement. If Seller fails to deliver title as above, Buyer may terminate this Agreement; in either case, the deposit shall.be.returned to Buyer Paragraph 16 is incorporated herein.. . 7. VESTING: Unless otherwise designated in the escrow instructions of Buyer, title shall vest as follows: (The manner of taking title may have significant legal and tax consequencoa, Therefore, give this matter serious consideration.) 8. PRORATION& Property taxes, payments on bonds and assessments assumediijr Buyer, interest, rents, association dues, premiums on insurance acceptable to Buyer and shall be paid current and prorated as of ❑ the day of recordation of the deed; or ❑ . Bonds or assessments of record shall be ❑ paid current by Seller, payments not yet due to be assumed by Buyer; or ❑ paid in full by Seller, including payments not yet due; or ❑ I . County transfer tax shall be paid by . The transfer tax or transfer fee shall be paid by PROPERTY WILL BE REASSESSED UPON CHANGE OF OWNERSHIP. THIS WILL AFFECT THE TAXES TO BE PAID. A supplemental tax bill will be issued, which shall be paid as follows: (a) for periods after close of escrow, by Buyer (or by final acquiring party if part of an exchange), and (b) for periods prior to close of escrow, by Seller. TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. " 9. POSSESSION: Possession shall be delivered to Buyer, ❑ on close of escrow, or ❑ not later than calendar days after close of escrow, or ❑ 10. SECURITY DEPOSITS: Security deposits, if any, to the extent they have not been applied by Seller in accordance with the rental agreement and current taw, shall be transferred to Buyer on close of escrow. 11. TAX WITHHOLDING: (a) Under the Foreign Investment in Real Property Tax Act ( FIRPTA), IRC §1445, every Buyer of U.S. real property must, unless an exemption applies, deduct and withhold from Seller's proceeds 10% of the gross sales price. The primary FIRPTA exemptions for non - residential property are: No withholding is required if (i) Seller provides Buyer with an affidavit, under penalty of perjury, that Seller is not a "foreign person," or (ii) Seller provides Buyer with a "qualifying statement" issued by the Internal Revenue Service. (b) In addition, under California Revenue and Taxation Code §18662, every Buyer must, unless an exemption applies, deduct and withhold from the Seller's proceeds 31/344 of the gross sales price if the Seller has a last known street address outside of California, or if the Seller's proceeds will be paid to a financial intermediary of the Seller. The primary exemptions for non - residential property are: No withholding is required if (i) the property is selling for $1oo,000 or less, or (ii) the Franchise Tax Board issues a certificate authorizing a lower amount or no withholding, or (iii) the Seller signs an affidavit stating that the.Seller is a California resident or a corporation qualified to do business in California. (c) Seller and Buyer agree to execute and deliver as directed any instrument, affidavit, or statement reasonably necessary to carry out those statutes and regulations promulgated thereunder. 12. MULTIPLE LISTING SERVICE: If Broker is 'a participant of an Association /Board multiple listing service ("ML S"), the Broker is authorized to report the sale, its price, terms, and financing for the publication, dissemination, information, and use of the authorized Association /Board members, MLS participants and subscribers. 13. FLOOD HAZARD AREA DISCLOSURE: If the subject Property is situated in a "Special Flood Hazard Area' as set forth on a Federal Emergency Management Agency (FEMA) "Flood Insurance Rate Map" (FIRM) or "Flood Hazard Boundary Map" (FHBM) then Seller shall, within calendar days from acceptance, disclose this fact in writing to Buyer. The law provides that as a condition of obtaining financing on most structures located in a "Special Flood Hazard Area :' lenders require flood insurance where the property or its attachments are security for a loan. Buyer is allowed calendar days from receipt of the disclosure, to make further inquiries at Buyer's lender, insurance agent, or other appropriate entities. When such inquiries disclose conditions or information unsatisfactory to the Buyer, Buyer shall give written notice of disapproval to Seller within this latter time period. Paragraph 16 Is incorporated herein. 14. GEOLOGIC HAZARD ZONES: It the subject Property is situated in a Special Studies Zone as designated under § §2621 -2625, inclusive, of the California Public Resources Code or in a locally designated geological hazard zone(s) or steals) where disclosure is required by local ordinance, then Seller shall, within calendar days from acceptance, disclose this fact(s) in writing to Buyer. The construction or development of any structure for human occupancy located within a special studies zone may be subject to the findings of a geologic report prepared by a geologist registered in the State of California, unless such report is waived by the City or County under the terms of that act. Buyer is allowed calendar days from receipt of the disclosure to make further inquiries at appropriate governmental agencies concerning the use of the subject Property under the terms of the Special Studies Zone Act and local building, zoning, fire, health and safety codes. When such inquiries disclose conditions or information unsatisfactory to the Buyer, Buyer shall give written notice of disapproval to Seller within this latter time period. Paragraph 16 Is incorporated herein. 15. ADDITIONAL TERMS AND CONDITIONS: ONLY THE FOLLOWING PARAGRAPHS A THROUGH M WHEN INITIALLED BY BOTH BUYER AND SELLER ARE INCORPORATED IN THIS AGREEMENT. buyer's Inaitls Seller`s Initials A. PHYSICAL AND GEOLOGICAL INSPECTION: Buyer shall have the right, at Buyers expense, to select licensed contractor(s) and other qualified professional(s), to make "INSPECTIONS" (including tests, surveys, other studies, inspections, and investigations) of the subject Property including but not limited to sewer /septic system, well, soils, percolation, geologic conditions and environmental hazards, such as but not limited to, any past or current generation, storage, release, threatened release, disposal, and presence and location of asbestos, PCB transformers, petroleum products, flammable explosives, underground storagetanks and other hazardous, toxic or contaminated substance or condition, on or about the Property. Buyer shall keep the subject Property free and clear of any liens, indemnity and hold Sefler.harmless from all liability, claims, demands, damages or costs, and repair all damages to the Property arising from the "INSPECTIONS:' All claimed defects concerning the condition of the Property that adversely affect the continued use of the Property for the purposes for which it is presently being used (❑ or as ) shall be in writing, supported by written reports, if any, and delivered to Seller within calendar days from acceptance FOR "INSPECTIONS" OTHER THAN GEOLOGICAL, and within calendar days for GEOLOGICAL "INSPECTIONS." Buyer shall furnish Seller copies, at no cost, of all reports concerning the Property obtained by Buyer. Paragraph 16 is incorporated herein. Buyer's Inaims Seller'& Innisls . B. UTILITIES AND SERVICES: Within calendar days from acceptance, Buyer shall have the right to determine the availability and costs of utilities and services including but not limited to sewerage, sanitation, water, electricity, gas, telephone, cable TV and drainage. When such inquiries disclose conditions or information which are unsatisfactory to Buyer, Buyer shall give written notice of disapproval to Seller within.the time period herein. Paragraph 16 is incorporated herein. Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 2 of Pages. Buyer's Initials I-) ( ) Seller's Initials ( ) ( ) OFFICE USE ONLY Reviewed by Broker or Designee Date rowaxrc SELLER'S.COPY 0P0PW% Subject Property Address: —.— . 19 6. TITLE: Title is to be free of liens, encumbrances, easements, restrictions, rights and conditions of record or known to Seller, other than the following: (a) current property taxes, (b) covenants, conditions, restrictions, and public utility easementsof record, if any, provided the samedo not adversely affect the continued use of the Property for the purposes for which it is presently being used, unless reasonably disapproved by Buyer in writing within calendar days from receipt of a current preliminary report furnished at Seller shall furnish Buyer at expense, and title policy issued by Company, showing title vested in Buyer subject only to the above. If Seller is unwilling or unable to eliminate any title matter disapproved by Buyer as above, Buyer may terminate this Agreement. If Seller fails to deliver title as above, Buyer may terminate this Agreement; in either case, the deposit shall be returned to Buyer. Paragraph 16 is incorporated herein. 7. VESTING: Unless otherwise designated in the escrow instructions of Buyer, title shall vest as follows: (The manner of taking title may have significant legal and tax consequences. Therefore, give this matter serious Consideration.) 8. PRORATIONS: Property taxes, payments on bonds and assessments assumed by Buyer, interest, rents, association dues, premiums on insurance acceptable to Buyer and shall be paid current and prorated as of C1 the day of recordation of the deed; or 11 . Bonds or assessments of record shall be ❑ paid current by Seller, payments not yet due to be assumed by Buyer; or ❑ paid in full by Seller, including payments not yet due; or ❑ - . County transfer tax shall be paid by by The transfer tax or transfer fee shall be paid PROPERTY WILL BE REASSESSED UPON CHANGE OF OWNERSHIP. THIS WILL AFFECT THE TAXES TO BE PAID. A supplemental tax bill will be issued, which shall be paid as follows: (a) for periods after close of escrow, by Buyer (or by final acquiring party if part of an exchange), and (b) for periods prior to close of escrow, by Seller. TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. 9. POSSESSION: Possession shall be delivered to Buyer, or ❑ ❑ on close of escrow, or ❑ not later than calendar days after close of escrow, 10. SECURITY DEPOSITS: Security deposits, if any, to the extent they have not been applied by Seller in accordance with the rental agreement and current law, shall be transferred to Buyer on close of escrow. 11. TAX WITHHOLDING: (a) Under the Foreign Investment in Real Property Tax Act ( FIRPTA), IRC §1445, every Buyer of U.S. real property must, unless an exemption applies, deduct and withhold from Seller's proceeds 10% of the gross sales price. The primary FIRPTA exemptions for non - residential property are: No withholding is required if (i) Seller provides Buyer with an affidavit, under penalty of perjury, that Seller is not a "foreign person;' or (ii) Seller provides Buyer with a "qualifying statement" issued by the Internal Revenue Service. (b) In addition, under California Revenue and Taxation Code §18662, every Buyer must, unless an exemption applies, deduct and withhold from the Seller's proceeds 31/3% of the gross sales price if the Seller has a last known street address outside of California, or if the Seller's proceeds will be paid to a financial intermediary of the Seller. The primary exemptions for non - residential property are: No withholding is required if (i) the property is selling for $100,000 or less, or (ii) the Franchise Tax Board issues a certificate authorizing a lower amount or no withholding, or (iii) the Seller signs an affidavit stating that the Seller is a California resident or a corporation qualified to do business in California. (c) Seller and Buyer agree to execute and deliver as directed any instrument, affidavit, or statement reasonably necessary to carry out those statutes and regulations promulgated thereunder. 12. MULTIPLE LISTING SERVICE: It Broker Is a participant of an Association /Board multiple listing service ("MILS"), the Broker is authorized to report the sale, its price, terms, and financing for the publication, dissemination, information, and use of the authorized Association /Board members, MLS participants and subscribers. 13. FLOOD HAZARD AREA DISCLOSURE: If the subject Property is situated in a "Special Flood Hazard Area' as set forth on a Federal Emergency Management Agency (FEMA) "Flood Insurance Rate Map" (FIRM) or "Flood Hazard Boundary Map" (FHBM) then Seller shall, within calendar days from acceptance, disclose this fact in writing to Buyer. The law provides that as a condition of obtaining financing on most structures located in a "Special Flood Hazard Area;' lenders require flood insurance where the property or its attachments are security for a loan. Buyer is allowed calendar days from receipt of the disclosure, to make further inquiries at Buyer's lender, insurance agent, or other appropriate entities. When such inquiries disclose conditions or information unsatisfactory to the Buyer, Buyer shall give written notice of disapproval to Seller within this latter time period. Paragraph 16 is incorporated herein. 14. GEOLOGIC HAZARD ZONES: If the subject Property is situated in a Special Studies Zone as designated under § §2621 -2625, inclusive, of the California Public Resources Code or in a locally designated geological hazard zone(s) or area(s) where disclosure is required by local ordinance, then Seller shall, within calendar days from acceptance, disclose this fact(s) in writing to Buyer. The construction or development of any structure for human occupancy located within a special studies zone may be subject to the findings of a geologic report prepared by a geologist registered in the State of California, unless such report is waived by the City or County under the terms of that act. Buyer is allowed calendar days from receipt of the disclosure to make further inquiries at appropriate governmental agencies concerning the use of the subject Property under the terms of the Special Studies Zone Act and local building, zoning, fire, health and safety codes. When such inquiries disclose conditions or information unsatisfactory to the Buyer, Buyer shall give written notice of disapproval to Seller within this latter time period. Paragraph 16 is incorporated herein. 15. ADDITIONAL TERMS AND CONDITIONS: ONLY THE FOLLOWING PARAGRAPHS A THROUGH M WHEN INITIALLED BY BOTH BUYER AND SELLER ARE INCORPORATED IN THIS AGREEMENT. Buyers Initials Seller's Initials A. PHYSICAL AND GEOLOGICAL INSPECTION: Buyer shall have the right, at Buyer's expense, to select licensed contractor(s) and other qualified professional(s), to make "INSPECTIONS" (including tests, surveys, other studies, inspections, and investigations) of the subject Property including but not limited to sewerlseptic system, well, soils, percolation, geologic conditions and environmental hazards, such as but not limited to, any past or current generation, storage, release, threatened release, disposal, and presence and location of asbestos, PCB transformers, petroleum products, flammable explosives, underground storage tanks and other hazardous, toxic or contaminated substance or condition, on or about the Property. Buyer shall keep the subject Property free and clear of any liens, indemnity and hold Seller harmless from all liability, claims, demands, damages or costs, and repair all damages to the Property arising from the "INSPECTIONS." All claimed defects concerning the condition of the Property that adversely affect the continued use of the Property for the purposes for which it is presently being used (❑ or as ) shall be in writing, supported by written reports, if any, and delivered to Seller within calendar days from acceptance FOR "INSPECTIONS" OTHER THAN GEOLOGICAL, and within calendar days for GEOLOGICAL "INSPECTIONS:' Buyer shall furnish Seller copies, at no cost, of all reports concerning the Property obtained by Buyer. Paragraph 16 is incorporated herein. j Buyer's Initials Seller's Initials B. UTILITIES AND SERVICES: Within calendar days from acceptance, Buyer shall have the right to determine the availability and costs of utilities and services including but not limited to sewerage, sanitation, water, electricity, gas, telephone, cable TV and drainage. When such inquiries disclose conditions or information which are unsatisfactory to Buyer, Buyer shall give written notice of disapproval to Seller within the time period herein. Paragraph 16 is incorporated herein. Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 2 of Pages. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) OFFICE USE ONLY FReviewed by B roker or Designee raa� xwew QUADRUPUCATE_ MIH AUG 95 Subject Property Address , 19 _ Buye r'a Initials seller's Initials C. SELLER REPRESENTATION: Seller warrants that Seller has no knowledge of any notice of violations of City, County, State, Federal, Building, Zoning, Fire, Health Codes or ordinances, or other governmental regulation filed or issued against the Property. If Seller receives notice of any such violations prior to close of escrow, Seller shall immediately notify Buyer Buyer is allowed calendar days after receipt of notification to give Seller written notice of disapproval. Paragraph 16 is incorporated herein. Buyer's Initials Seller's Initials Z D. CONDITION OF PROPERTY: Seller warrants, through the date possession is made available to Buyer, that Property and improvements, if any, shall be maintained in the same condition as upon the date of acceptance. Buyer's Initials Sellers Initials E. ZONING AND LAND USE: Within calendar days from acceptance. Buyer at Buyer's expense shall determine the suitability of the Property for Buyer's intended use. Buyer to make Buyer's own determination of suitability, through inquiries, investigations, studies or any other means, concerning past, present, or proposed factual matters regarding the Property including laws, ordinances, referendums, initiatives and votes. If such matters are unsatisfactory to Buyer, Buyer shall give written notice of disapproval to Seller within the time period herein. Paragraph 16 is incorporated herein. Buyer's Initials Seller's Initials I F. SURVEY, PLANS AND ENGINEERING DOCUMENTS: Within calendar days from acceptance, Seller shall, at no cost to Buyer, deliver to Buyer copies of surveys, plans, specifications and engineering documents, if any, prepared an Seller's behalf or in Seller's possession. Buyer's Initials Seller's Initials G. CHANGES DURING ESCROW: Prior to close of escrow, Seller agrees not to (1) rent or lease any part of the premises, (2) alter, modify or extend any existing rental or lease agreement or (3) enter into, alter, modify or extend any service contract(s), without first having obtained Buyer's written approval, which shall not be unreasonably withheld. Buyer's Initials Seller's Initials H. RENTAL AND SERVICE AGREEMENTS: Within calendar days from acceptance, Seller shall make available to Buyer for inspection and review all current leases, rental agreements, service contracts and other related agreements, licenses, and permits pertaining to the operation of the Property. Buyershall be allowed calendar days from receiptto notify Seller in writing of disapproval. Paragraph this incorporated herein. Buyer's Initials Seller's Initials I. ESTOPPEL CERTIFICATES: Within calendar days from acceptance, Seller shall send to all tenants written requests for estoppel certificates acknowledging that their rental or lease agreements are unmodified and in full force and effect, or if modified, stating all such modifications. Within calendar days from acceptance, Seller shall deliver to Buyer all such certificates received from tenants. Buyer's Initials Seler's Initials J. SUBORDINATION: This Agreement is contingent upon both Buyer and Seller approving a subordination clause addendum. Such addendum to be drafted at the expense of and delivered to both Buyer and Seller within calendar days from acceptance. Unless both Buyer and Seller consent, in writing, to the subordination clause addendum within calendar days from receipt of such addendum, then Buyer may waive this requirement or cancel this Agreement by providing written notice to Seller. (The manner of subordination may have significant legal consequences. Therefore, give this matter serious consideration.) Buyer's Initials Seller's Initials K. PARTIAL RECONVEYANCE: This Agreement is contingent upon both Buyer and Seller approving a partial reconveyance clause addendum. Such addendum shall be drafted at the expense of and delivered to both Buyer and Seller within calendar days from acceptance. Unless both Buyer and Seller consent, in writing, to the partial reconveyance within calendar days from receipt of such addendum, then Buyer may waive this requirement or cancel this Agreement by providing written notice to Seller. (The manner of partial reconveyance may have significant legal consequences. Therefore give this matter serious consideration.) Buyer's Initials Seller's Initials —� L. LIQUIDATED DAMAGES: Buyer and Seller agree that if Buyer fails to complete this purchase by reason of any default of Buyer: 1. Seller shall be released from obligation to sell the Property to Buyer. 2. Seller shall retain, as liquidated damages for breach of contract, the deposit actually paid. Buyer and Seller shall execute RECEIPT FOR INCREASED DEPOSITILIQUIDATED DAMAGES (C.A.R. Form RID -11) for any increased deposits. However, the amount retained shall be no more than 3% of the purchase price if Property is a dwelling with no more than four units, one of which Buyer intends to occupy as Buyer's residence. Any excess shall be promptly returned to Buyer. 3. Seller retains the right to proceed against Buyer for specific performance or any other claim or remedy Seller may have in law or equity, other than breach of contract damages. 4. In the event of a dispute, funds deposited in trust accounts or escrow are not released automatically and require mutual, signed release instructions from both Buyer and Seller, judicial decision, or arbitration award. M. MEDIATION OF DISPUTES: BUYER AND SELLER AGREE TO MEDIATE ANY DISPUTE OR CLAIM BETWEEN THEM ARISING OUT OF THIS CONTRACT OR ANY RESULTING TRANSACTION BEFORE RESORTING TO ARBITRATION OR COURT ACTION. Mediation is a process in which parties attempt to resolve a dispute by submitting it to an impartial, neutral mediator who is authorized to facilitate the resolution of the dispute but who is not empowered to impose a settlement on the parties. Mediation fee, if any, shall be divided equally among the parties involved. Before the mediation begins, the parties agree to sign a document limiting the admissibility in arbitration or any civil action of anything said, any admission made, and any documents prepared, in the course of the mediation, consistent with Evidence Cede §1152.5. In addition, if paragraph 15(0) is initialled by Broker(s), Buyer and Seller agree to mediate disputes or claims involving an initialling Broker, as defined by that paragraph, consistent with this provision. The election by Broker(s) to initial or not initial paragraph 15(0) shall not affect the applicability of this mediation provision between Buyer and Seller and shall not result in the Broker(s) being deemed parties to the purchase and sale agreement. IF ANY PARTY COMMENCES AN ARBITRATION OR COURT ACTION BASED ON A DISPUTE OR CLAIM TO WHICH THIS PARAGRAPH APPLIES WITHOUT FIRST ATTEMPTING TO RESOLVE THE MATTER THROUGH MEDIATION, THEN IN THE DISCRETION OF THE ARBITRATOR(S) OR JUDGE, THAT PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEY'S FEES EVEN IF THEY WOULD OTHERWISE BE AVAILABLE TO THAT PARTY IN ANY SUCH ARBITRATION OR COURT ACTION. However, the filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not in itself constitute a loss of the right to recover attorney's fees under this provision. The following matters are excluded from the requirement of mediation hereunder: (a) a judicial or non - judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985, (b) an unlawful detainer action, (c) the filing or enforcement of a mechanic's lien, and (d) any matter which is within the jurisdiction of a probate court. Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 3 of Pages. Buyer's Initials ( ) ( ) Seller's Initials I-) ( ) OFFICE USE ONLY Rby B roker or Designee f� n BROKER'S COPY MIP ni.G as Subject Property Address: 19 Buyer's Innials seeers Initials �.. Q SELLER REPRESENTATION: Seller warrants that Seller has no knowledge of any notice of violations of City, County, State, Federal, Building, Zon,n F - _ h Codes or ordinances, or other governmental regulation filed or issued against the Property: It Seller receives notice of any such violations prior to scrow, Seller shall immediately notify Buyer. Buyer is allowed calendar days after receipt of notification to give Seller written notice of dlsa roval. Paragraph 16 is incorporated hareftt: sum's Inmate seller's Initials D. CONDITION OF PROPERTY: Seller�tiurants, through the date possession is made av&ssWV Buyer, that Property and imprerements, if any, shall be maintained in the same condition as upon the date of acceptance: Buyer's Swiss -. Initials E. ZONING AND LAND USE: Within calendar days from acceptance, Buyer at Buyer's expense shall determine the !tabs n9 Property for Buyer's intended use. Buyer to make Buyer's own determination of suitability, through inquiries, investigations, studies or any other means, concerning past, present, or proposed factual matters regarding the Property including, laws, ordinances, referendums, initiatives and votes. If such matters are unsatisfactory to Buyer, Buyer shah give written notice of disapproval to Seller, within the time period herein. Paragraph 16 is incorporated herein. Buyer's Initials Seller's Initial. F. SURVEY, PLANS AND ENGINOMING DOCUMENTS: Within calendar days from acceptance, Seller shall, at no cost to Buyer, deliver to Buyer copies of surveys, plans, specifications and engineering documents, if any, prepared on Seller's behalf or in Seller's possession. Buyer's Initials Sellers Initials G. CHANGES DURING ESCROW: Prior to close of escrow, Seller agrees not to (1) rent or lease any part of the premises, (2) alter, modify or extend any existing rental or lease agreement or (3) enter into, alter, modify or extend any service contract(s), without first having obtained Buyer's written approval, which shall not be unreasonably withheld. Buyer's Initials Seller's Initials H. RENTAL AND SERVICE AGREEMENTS: Within calendar days from acceptance, Seller shall make available to Buyer for inspection and review all current leases, rental agreements, service contracts and other related agreements, ficenses; and permits pertaining to the operation of the Property. Buyer shall be allowed calendar days from receipt to notify Seller in writing of disapproval. Paragraph 16 Is Incorporated herein. Buyer's Initials Seller's Initials I. ESTOPPEL CERTIFICATES: Within calendar days from acceptance, Seller shall send to all tenants written requests for estoppel certificates acknowledging that their rental or lease agreements are unmodified and in full force and effect, or if modified, stating all such modifications, Within calendar days from acceptance, Seller shall deliver to Buyer all such certificates received from tenants. Buyer's Initials Wier'. Initial. L J. SUBORDINATION: This Agreement is contingent upon both Buyer and Seller approving a subordination clause addendum. Such addendum to be drafted at the expense of and delivered to both Buyer and Seller within calendar days from acceptance. Unless both Buyer and Seller consent, in writing, to the subordination clause addendum within calendar days from receipt of such addendum, then Buyer may waive this requirement or cancel this Agreement by providing written notice to Seller. (The manner of subordination may have significant legal consequences. Therefore, give this matter serious consideration.) Buyers 7wa Seler's Initials K. PARTIAL RECONVEYANCE: This Agreement is contingent upon both Buyer and Seller approving a partial reconveyance clause addendum. Such addendum shall be drafted at the expense of and delivered to both Buyer and Seller within calendar days from acceptance. Unless both Buyer and Seller consent, in writing, to the partial reconveyance within calendar days from receipt of such addendum, then Buyer may waive this requirement or cancel this Agreement by providing written notice to Seller. (The manner of partial reconveyance may have significant legal consequences. Therefore give this matter serious consideration.) Buyers Initiate Steer's Initials - -1 _�— L. LIQUIDATED DAMAGES: Buyer and Seller agree that if Buyer fails to complete this purchase by reason of any default of Buyer: 1. Seller shall be released from obligation to sell the Property to Buyer. 2. Seller shall retain, as liquidated damages for breach of contract, the deposit actually paid. Buyer and Seller shall execute RECEIPT FOR INCREASED DEPOSITILIQUIDATED DAMAGES (C.A.R. Form 81041) for any increased deposits. However, the amount retained shall be no more than 3% of the purchase price if Property is a dwelling with no more than four units, one of which Buyer intends to occupy as Buyer's residence. Any excess shall be promptly returned to Buyer. 3. Seller retains the right to proceed against Buyer for specific performance or any other claim or remedy Seller may have in law or equity, other than breach of contract damages. 4. In the event of a dispute, funds deposited in trust accounts or escrow are not released automatically and require mutual, signed release instructions from both Buyer and Seller, judicial decision, or arbitration award. M. MEDIATION OF DISPUTES: BUYER AND SELLER AGREE TO MEDIATE ANY DISPUTE OR CLAIM BETWEEN THEM ARISING OUT OF THIS CONTRACT OR ANY RESULTING TRANSACTION BEFORE RESORTING TO ARBITRATION OR COURT ACTION. Mediation is a process in which parties attempt to resolve a dispute by submitting it to an impartial, neutral mediator who is authorized to facilitate the resolution of the dispute but who is not empowered to impose a settlement on the parties. Mediation fee, if any, shall be divided equally among the parties involved. Before the mediation begins, the parties agree to sign a document limiting the admissibility in arbitration or any civil action of anything said, any admission made, and any documents prepared, in the course of the mediation, consistent with Evidence Code §1152.5. In addition, it paragraph 15(0) is initialled by Broker(s), Buyer and Seller agree to mediate disputes or claims involving an initialling Broker, as defined by that paragraph, consistent with this provision, The election by Broker(s) to initial or not initial paragraph 15(0) shall not affect the applicability of this mediation provision between Buyer and Seller and shall not result in the BnDker(s) being deemed parties to the purchase and sale agreement. IF ANY PARTY COMMENCES AN ARBITRATION OR COURT ACTION BASED ON A DISPUTE OR CLAIM TO WHICH THIS PARAGRAPH APPLIES WITHOUT FIRST ATTEMPTING TO RESOLVE THE MATTER THROUGH MEDIATION, THEN IN THE DISCRETION OF THE ARBITRATOR(S) OR JUDGE, THAT PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEY'S FEES EVEN IF THEY WOULD OTHERWISE BE AVAILABLE TO THAT PARTY IN ANY SUCH ARBITRATION OR COURT ACTION. However, the filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not in itself constitute a loss of the right to recover attorney's fees under this provision. The following matters are excluded from the requirement of mediation hereunder: (a) a judicial or nonyudicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985, (b) an unlawful detainer action, (c) the filing or enforcement of a mechanics lien', and (d) any matter which is within the jurisdiction of a probate court. Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 3 of Pages. Buyer's Initials ( I (? Seller's Initials (! ( ) OFFICE USE ONLY Rby B roker or Designee aeeeoary BUYER'S COPY wgay as Subject Property Address: - . 19 , Buyer's InlBers Seller's Initials -C. SELLER REPRESENTATION: Seller warrants that Saner has no knowledge of any notice of violations of City, County, . State, Federal, Building, Zoning, Fire, Health Codes or ordinances, or other governmental regulation filed or issued against the Property. If.Seller receives notice of any such violations prior to close of escrow, Seller shall immediately notify Buyer. Buyer is allowed calendar days after receipt of notification to give Seller written notice of disapproval. Paragraph 16 is int:orposeted herein. Buyer's Initials Seller's Initials i .D. CONDITION OF PROPERTY. SQr warrants, through the date possession is made-avagable to Buyer, that Property and improvements, if any, shall be maintained in the same condition as upon the date of acceptance. - - - Buyer's Initials Seller's Initials E. ZONING AND .LAND. USE: Within calendar days from acceptance Buyer at Buyer's expense shall _ determine the suitability of the Property for Buyer's intended use. Buyer to make Buyer's own determination of suitability, through i .;myestigations, i studies or any other means, concerning past, present, or proposed tactual matters regarding the Property including laws, ordinances, rate initiatives and votes. If such matters are unsatisfactory to Buyer. Buyer shall give written notice of disapproval to Seller within the time period herein:. Paragraph 16 is incorporated herein. Buyer's Initials Seller's Initials F. SURVEY, PLANS AND ENGINEERINSADCUMENTS: Within calendar days from acceptance, Seller shall, at no cost to Buyer, deliver to Buyer copies of surveys, plans, specifications and engineering documents, if any, prepared on Seller's.behalf or in Seller's possession. Buyer's Initials Seller's Initials - ' ZG. CHANGES DURING ESCROW: Prior to close of escrow, Seller agrees not to (1) rent or lease any part of the prernises, (2) alter, modify or extend any existing rental or lease agreement or (3) enter into, alter, modify or extend any service contract(s), without first having obtained Buyer's written approval, which shall not be unreasonably withheld. - Buyer's Initials Seller's Initials H. RENTAL AND SERVICE AGREEMENTS: Within calendar days from acceptance, Seller shall make available l; to Buyer for inspection and review all current leases, rental agreements, service contracts and other related agreements, licenses, and permits pertaining to the operation of the Property. Buyer shall be allowed calendardaysfrom receipt to notify Seller in writing of disapproval. Paragraph 16 is Incorporated herein. - j Buyer's Initials Seller's Initials ' .. 1. ESTOPPEL CERTIFICATES: Within calendar days,from acceptance, Segel shall send to all tenants written requests for estoppel certificates acknowledging that their rental or lease agreements are unmodified and in full force and effect, or if modified, stating all _ such modifications. Within calendar days from acceptance, Seller shall deliver to Buyer all such certificates received from tenants -. i' Buyer's initial Seller's Initials :p -- -� � J. SUBORDINATION: This Agreement is contingent upon both Boyer and Seller approving a subordination clause - addendum. Such addendum to be drafted at the expense Of and delivered to both .Buyer and Seller within calendar days from acceptance. Unless both Buyer and Seiler consent, in writing, to the subordination clause addendum within calendar days from receipt of such addendum, then Buyer may waive this requirement or cancel this Agreement by providing written notice -- - I 7 to Seller. (The manner of subordination may have significant legal consequences.' Therefore,. give this matter serious consideration.) Buyer's Initials Seller's Initials j K. PARTIAL RECONVEYANCE: This Agreement is contingent upon both Buyer and Seller approving a partial reconveyance clause addendum. Such addendum shall be drafted at the expense of _ and 1 delivered to both Buyer and Seller within Calendar days from acceptance. Unless both Buyer and Seller consent, in writing, to the partial reconveyance j within calendar days from receipt of such addendum, then Buyer may waive this requirement or cancel this Agreement by providing written notice {I to Seller. (The manner of partial reconveyance may have significant legal consequences. Therefore give this matter serious consideration.) Buyer's Initials Seller's Initials L. LIQUIDATED DAMAGES: Buyer and Seller agree that if Buyer fails to complete this purchase by reason of any default of Buyer: 1. Seller shall be released from obligation M self the Property to Buyer. 2. Seller shall retain, as liquidated damages for breach of contract, the deposit actually paid. Buyer and Seller shall execute RECEIPT FOR INCREASED DEPOSITILRIUIDATED DAMAGES (C.A.R. Form RID 11) for any increased deposits. However, the amount retained shall be no more than 3% of the purchase price if Property is a dwelling with no more than four units, one of which Buyer intends to occupy j as Buyer's residence. Any excess shall be promptly returned to Buyer. 3. Seller retains the right to proceed against Buyer for specific performance or any other claim or remedy Seller may have in law or equity, other than breach of contract damages. 4. In the event of a dispute, funds deposited in trust accounts or escrow are not released automatically and require mutual, signed release instructions from both Buyer and Seller, judicial decision, or arbitration award. M. MEDIATION OF DISPUTES: BUYER AND SELLER AGREE TO MEDIATE ANY DISPUTE OR CLAIM BETWEEN - THEM ARISING OUT OF THIS CONTRACT OR ANY RESULTING TRANSACTION BEFORE RESORTING TO ARBITRATION OR COURT ACTION. - Mediation is a process in which parties attempt to resolve a dispute by submitting it to an impartial, neutral mediator who is authorized to facilitate the resolution of the dispute but who is not empowered to impose a settlement on the parties. Mediation fee, if any, shall be divided equally among the parties involved. Before the mediation begins, the parties agree to sign a document limiting the admissibility in arbitration or any civil action of anything said, any admission made, and any documents prepared, in the course of the mediation, consistent with Evidence Code §1152.5. in addition, it paragraph 15(0) is initialled by Broker(s), Buyer and Seller agree to mediate disputes or claims involving an initialling Broker, as defined by that paragraph, consistent with this provision. The election by Broker(s) to initial or not initial paragraph 15(0) shall not affect the applicability of this mediation provision between Buyer and Seller and shall not result in the Broker(s) being deemed parties to the purchase and sale agreement. ! IF ANY PARTY COMMENCES AN ARBITRATION OR COURT ACTION BASED ON A DISPUTE OR CLAIM TO WHICH THIS PARAGRAPH APPLIES WITHOUT FIRST ATTEMPTING TO RESOLVE THE MATTER THROUGH (y1EDIATION, THEN IN THE DISCRETION OF THE ARBITRATOR(S) OR JUDGE, THAT PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEY'S FEES EVEN IF THEY WOULD OTHERWISE BE AVAILABLE TO THAT PARTY IN ANY SUCH ARBITRATION OR COURT ACTION. However, the filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not in itself constitute a loss of the right to recover attorney's . fees under this provision. The following matters are excluded from the requirement of mediation hereunder: (a) a judicial or non - judicial- foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985, (b) an unlawful detainer action, (c) the filing or enforcement of a mechanic's lien, and (d) any matter which is within the jurisdiction of a probate court. Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 3 of Pages. Buyer's Initials ( 1 ( ) Seller's Initials ( ) ( ) . ncnr•e use neu v _ - 0 mwtrBrtao arraansny eve AUG Subject Property Address: 19 Buyers Initials Sellers Initials C. SELLER REPRESENTATION: Seller warrants that Seller has no knowledge of any notice of violations of City, County, State, Federal, Building, Zoning, Fire, Health Codes or ordinances, or other governmental regulation filed or issued against the Property. If Seller receives notice of any such violations prior to close of escrow, Seller shall immediately notify Buyer. Buyer is allowed calendar days after receipt of notification to give Seller written notice of disapproval. Paragraph 16 is incorporated herein. Buyer's Initials Seller's initials —.L— D. CONDITION OF PROPERTY: Seller warrants, through the date possession is made available to Buyer, that Property and improvements, if any, shall be maintained in the same condition as upon the date of acceptance. Buyer's Initials Seller's Initials E. ZONING AND LAND USE: Within calendar days from acceptance, Buyer at Buyer's expense shall determine the suitability of the Property for Buyer's intended use. Buyer to make Buyer's own determination of suitability, through inquiries, investigations, studies or any other means, concerning past, present, or proposed factual matters regarding the Property including laws, ordinances, referendums, initiatives and votes. If such matters are unsatisfactory to Buyer, Buyer shall give written notice of disapproval to Seller within the time period herein. Paragraph 16 is incorporated herein. Buyer's Initials Sellers Initials F. SURVEY, PLANS AND ENGINEERING DOCUMENTS: Within calendar days from acceptance. Seller shall, at no cost to Buyer, deliver to Buyer copies of surveys, plans, specifications and engineering documents, if any, prepared on Seller's behalf or in Seller's possession. Buyer's Initials seller's Initials G. CHANGES DURING ESCROW: Prior to close of escrow, Seller agrees not to (1) rent or lease any part of the premises, (2) alter, modify or extend any existing rental or lease agreement or (3) enter into, alter, modify or extend any service contract(s), without first having obtained Buyer's written approval, which shall not be unreasonably withheld. Buyers Initials seller's Initials I H. RENTAL AND SERVICE AGREEMENTS: Within calendar days from acceptance, Seller shall make available to Buyer for inspection and review all current teases, rental agreements, service contracts and other related agreements, licenses, and permits pertaining to the operation of the Property. Buyershall be allowed calendar days from sceptic, notify Sellerinwriting ofdisapproval. Paragraph 16 isincorporated herein. Buyer's Initials Seller's Initials 1. ESTOPPEL CERTIFICATES: Within calendar days from acceptance, Seller shall send to all tenants written requests for estoppel certificates acknowledging that their rental or lease agreements are unmodified and in full force and effect, or if modified, stating all such modifications. Within calendar days from acceptance, Seller shall deliver to Buyer all such certificates received from tenants. Buyer's Initials Sellers Initials J. SUBORDINATION: This Agreement is contingent upon both Buyer and Seller approving a subordination clause addendum. Such addendum to be drafted at the expense of and delivered to both Buyer and Seller within calendar days from acceptance. Unless both Buyer and Seller consent, in writing, to the subordination clause addendum within calendar days from receipt of such addendum, then Buyer may waive this requirement or cancel this Agreement by providing written notice to Seller. (The manner of subordination may hove significant legal consequences. Therefore, give this matter serious consideration.) Buyer's Initials Seller's Inalals K. PARTIAL RECONVEYANCE: This Agreement is contingent upon both Buyer and Seller approving a partial reconveyance clause addendum. Such addendum shall be drafted at the expense of and delivered to both Buyer and Seller within calendar days from acceptance. Unless both Buyer and Seller consent, in writing, to the partial reconveyance within calendar days from receipt of such addendum, then Buyer may waive this requirement or cancel this Agreement by providing written notice to Seller. (The manner of partial reconveyance may have significant legal consequences. Therefore give this matter serious consideration.) Buyers Inittals a,%",% Initials L. LIQUIDATED DAMAGES: Buyer and Seller agree that if Buyer fails to complete this purchase by reason of any default of Buyer: 1. Seller shall be released from obligation to sell the Property to Buyer. 2. Seller shall retain, as liquidated damages for breach of contract, the deposit actually paid. Buyer and Seller shall execute RECEIPT FOR INCREASED DEPOSIT/LIQUIDATED DAMAGES (C.A.R. Form RID -11) fur any increased deposits, However, the amount retained shall be no more than 3% of the purchase price it Properly is a dwelling with no more than four units, one 01 which Buyer intends to occupy as Buyer's residence. Any excess shall be promptly returned to Buyer. 3. Seller retains the right to proceed against Buyer for specific performance or any other claim or remedy Seller may have in law or equity, other than breach of contract damages. 4. In the event of a dispute, funds deposited in trust accounts or escrow are not released automatically and require mutual, signed release instructions from both Buyer and Seller, judicial decision, or arbitration award. M. MEDIATION OF DISPUTES-. BUYER AND SELLER AGREE TO MEDIATE ANY DISPUTE OR CLAIM BETWEEN THEM ARISING OUT OF THIS CONTRACT OR ANY RESULTING TRANSACTION BEFORE RESORTING TO ARBITRATION OR COURT ACTION. Mediation is a process in which parties attempt to resolve a dispute by submitting it to an impartial, neutral mediator who is authorized to facilitate the resolution of the dispute but who is not empowered to impose a settlement on the parties. Mediation fee, if any, shall be divided equally among the parties involved. Before the mediation begins, the parties agree to sign a document limiting the admissibility in arbitration or any civil action of anything said, any admission made, and any documents prepared, in the course of the mediation, consistent with Evidence Code §1152.5. In addition, it paragraph 15(0) is initialled by Broker(s), Buyer and Seller agree to mediate disputes or claims involving an initialling Broker, as defined by that paragraph, consistent with this provision. The election by Broker(s) to initial or not initial paragraph 15(0) shall not affect the applicability of this mediation provision between Buyer and Seller and shall not result in the Broker(s) being deemed parties to the purchase and sale agreement. IF ANY PARTY COMMENCES AN ARBITRATION OR COURT ACTION BASED ON A DISPUTE OR CLAIM TO WHICH THIS PARAGRAPH APPLIES WITHOUT FIRST ATTEMPTING TO RESOLVE THE MATTER THROUGH,.MEDIATION, THEN IN THE DISCRETION OF THE ARBITRATOR(S) OR JUDGE, THAT PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEY'S FEES EVEN IF THEY WOULD OTHERWISE BE AVAILABLE TO THAT PARTY IN ANY SUCH ARBITRATION OR COURT ACTION. However, the filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not in itself constitute a loss of the right to recover attorney's fees under this provision. The following matters are excluded from the requirement of mediation hereunder: (a) a judicial or non - judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985, (b) an unlawful detainer action, (c) the filing or enforcement of a mechanic's lien, and (d) any matter which is within the jurisdiction of a probate court. Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 3 of Pages. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) OFFICE USE ONLY Reviewed by Broker or Designee low I Date �� QUADRUPLICATE.. _ _ . ...._. Subject Property Address: 19 N. ARBITRATION OF DISPUTES: Any dispute or claim in law or equity between Buyer and Seller arising out of this contract or any resulting transaction which is not settled through mediation shall be decided by neutral, binding arbitration and not by court action, except as provided by California law for judicial review of arbitration proceedings. In addition, if paragraph 15(0) is initialled by Brolu r(s), Buyer and Seller agree to arbitrate disputes or claim Involving an initialling Broker, as defined by that paragraph, consistent with this provision. The election by Broker(s) to initial or not ieipbl'paragraph 15(0) shall not affect the applicability of the arbitration provision between Buyer.and Seller, and shall not result in the Br io*) being deemed parties to the purchase and sale agreement. The arbitration shale b conducted in accordance with the rules of either the American Arbitration Association (AAA) or Judicial Arbitration and Mediation Services, Inc. (JAMS). The selection between AAA and JAMS rules shall be made by the claimant first filing for the arbitration. The parties to an arbitration may agree in writing to use different rules and /or arbitrator(s). In all other respects, the arbitration shall be conducted in accordance with Part 111, Title 9 of the California Code of Civil Procedure. Judgment upon. the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties shalt have the right to discovery in accordance with Code of Civil Procedure §1283.05. The following matters are excluded from arbitration.kerounder: (a) a judicial or non - judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sadp ntract as defined in Civil Code §2985, (b) an unlawful detainer action, (c) the filing or enforcement of a mechanics lien, (d) any matt"hich is within the jurisdiction of a probate or small claims court, and (e) an action for bodily injury or wrongful death, or for latent or patent defects, to which Code of Civil Procedure §=.1 or §337.15 applies. The filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the right to arbitrate under this provision. "NOTICE: BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS, THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION:' Buyer's Initials Seller's Initials 0. BROKERS: (if initialled.) Any Broker who initials below agrees to (a) mediate any dispute or claim with Buyer, Seller, or other initialling Broker, arising out of this contract or any resulting transaction, consistent with paragraph 15(M), and (b) arbitrate any dispute or claim with Buyer, Seller, or other initialling Broker arising out of this contract or any resulting transaction, consistent with paragraph 15(N). However, if the dispute is solely between the Brokers, it shall instead be submitted for mediation and arbitration in accordance with the Board /Association of REALTORSm or MLS rules. If those entities decline to handle the matter, it shall be submitted pursuant to paragraphs 15(M) and 15(N). The initialling of this paragraph shall not result in any Broker being deemed a party to the purchase and sale agreement. As used in this paragraph, "Broker" means a brokerage firm and any licensed persons affiliated with that brokerage firm. selling Broker Listing Broker By: By: (Initials) (Initials) 16. BUYER DISAPPROVAL: Whenever Buyer gives written notice of disapproval pursuant to paragraph(s) 3, 6, 13, 14, 15(A), 15(B), 15(C), 15(E), or 15(H), above, Seller shall have calendar days from receipt of such notice to respond in writing to Buyer's disapproval. If Seller is unwilling or unable to correct the conditions) disapproved of by Buyer, or if Seller does not respond by the time set forth herein, then Buyer may cancel this Agreement by providing written notice of cancellation to Seller within calendar days from receipt of Seller's response or from expiration of the time set for Seller's response. BUYER'S FAILURE TO GIVE WRITTEN NOTICE OF DISAPPROVAL OR CANCELLATION SHALL CONCLUSIVELY BE DEEMED APPROVAL. 17. OTHER TERMS AND CONDITIONS: Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 4 of Pages. Buyer's Initials ( ) ( ) Seller's Initials I-) ( ) OFFICE USE ONLY Reviewed by Broker or Designee Date g prn1g1°um° Subject Property Address: 19 N. ARBITRATION OF DISPUTES: Any dispute or clalm,in law or equity between Buyer and Salter arising out of this contract or any resulting transaction which is not settled through mediation shall be decided by neutral, binding arbitration and not by court action, except as provided try l:alfforuia law for judicial review of arbitration proceedings. In addition, if paragraph 15(0) is initialled by Broker(s), Buyer and Seller agree to arbitrate disputes or claims involving an initialling Broker, as defined by baf puagraph, consistent with this provision. The election by Broker(s) to iaillai or not initial paragraph 15(0) shall not affect the applicability alto arbitration provision between Buyer sad Seller, and shall not result Woe Broker(s) being deemed parties to the purchase and state agreement. The arbitration shall,* conducted in accordance with the rilftg either the American Arbitration Association (AAA) or Jullift Arbitration and Mediation Services, Inc. (JAMS). The selection between JAMS rules shall be made by the claimant first filing for the arbitration. The parties to an arbitration may agree in writing to use different rules and/or arbitrator(s). In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of the California Code of Civil Procedure. Judgment upon the award rendered by the arbitrater(s) may be entered in any court having jurisdiction thereof. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. The following matters are excluded from arbitration hereunder: (a) a judicial or non - judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985, (b) an unlawful detainer action, It) the tiling or enforcement of a mechanic's lien, (d) any matter which is within the jurisdiction of a probate or small claims court, and (e) an action for bodily injury or wrongful death, or for latent or patent defects, to which Code of Civil Procedure §337.1 or §337.15 applies. The filing of a judicial action to enable the recording of a notice.of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall nit constitute a waiver of the right to arbitrate under this provision. "NOTICE: BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION: IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION.' Buyer's Initials Sellers Initials 0. BROKERS: (If initialled.) Any Broker who initials below agrees to (a) mediate any dispute or claim with Buyer, Seller, or other initialling Broker, arising out of this contract or any resulting transaction, consistent with paragraph 15(M), and (b) arbitrate any dispute or claim with Buyer, Seller, or other initialling Broker arising out of this contract or any resulting transaction, consistent with paragraph 15(N). However, if the dispute is solely between the Brokers, it shall instead be submitted for mediation and arbitration in accordance with the Board/Association of REALTORS® or NILS rules. If those entities decline to handle the matter, It shall be submitted pursuant to paragraphs 15(M) and 15(N). The initialling of this paragraph shall not result in any Broker being deemed a party to the purchase and sale agreement. As used in this paragraph, "Broker" means a brokerage firm and any licensed persons affiliated with that brokerage firm. Selling Broker Listing Broker - By: by. ( Initals) (Inkiala) _ 16. BUYER DISAPPROVAL: Whenever Buyer gives written notice of disapproval pursuant to paragraph(s) 3, e, 13, 14, 15(A), 15(B), 15(C), 15(E), or 15(H), above, Seller shall have calendar days from receipt of such notice to respond in writing to Buyer's disapproval. If Seller is unwilling or unable to correct the condition(s) disapproved of by Buyer, or if Seller does not respond by the time set forth herein, then Buyer may cancel this Agreement by providing written Mice of cancellation to Seller within calendar days from receipt of Seller's response or from expiration of the time sec for Seller's response. BUYER'S FAILURE TO GIVE WRITTEN NOTICE OF DISAPPROVAL OR CANCELLATION SHALL CONCLUSIVELY BE DEEMED APPROVAL. - 11. OTHER TERMS AND CONDITIONS: Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 4 of Pages. Buyer's Initials I-) ( ) Seller's Initials ( ) ( ) OFFICE USE ONLY t� Rby Broker or Designee Subject Property Address: N. ARBITRATION-OF DISPUTES: Any dispute or claim in law or equity between.Buyer and Seller arising out of this contract or any resulting transaeN"ich is not settled through mediation shall be decided by neutral, binding arbitration and not by court action, except as provided by California law for judicial review of arbitration proceedings, Is add&@, H paragraph 15(D) is initialled by Broker(s), Buyer and Seller agree to arbitrate disputes or claims involving an initialling Broker, as defined by that paragraph, consistent with this provides. The election by Broker(s) to iaitistor not initial paragraph 15(01 shall not afie t the applicability of the arbitration provision between. Buyer ad Seller, and shall not result hra Broker(s) being deemed parties to the purchase ant tale agreement. The arbitration shalt d in accordance with the rAkill either the American Arbitration Association (AAA) ar Judicial Arbitration and Mediation Servic JAMS►. The selection between AAA a! JAMS rules shall be made by theciafmard first filing for the arbitration. The parties to an arbitration may agree in writing to use ditterent rules and/or arbitrator(s). In all'other respecis the arbitration shall be conducted in accordance with Part III, Title 9 of the California Code of Civil Procedure. Judgment upon the awardasadered by the arbtUater(s) may be entered in any court having jurisdiction thereof. The parties shall have the right to discovery in accardammisillixodo dCivil Procedure §1283.05. The following matters are excluded tram arbitration hereunder: (a) a jadieial or nen-judieial foreclosure or ar proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985, (b) an unlaulm4owner action, (c) the filing or enforcement of a mechanics lien, (d) any matter which is within the jurisdiction of a probate or small claims court, and (e) an action for bodily injury or wrongful death, or for latent or patent defects, to which Code of Civil Procedure §337.1 or §337.15 applies. The filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the right to arbitrate under this provision. "NOTICE: BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING 10 THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YO11*AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INOWDED IN THE `ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION.' Ituyer's Initials Sellers Initials 0. BROKERS: (If initialled.) Any Broker who initials below agrees to (a) mediate airy dispute or claim with Buyer, Seller, or other initialling Broker, arising out of this contract or any resulting transaction, consisted with paragraph 15(M), and (b) arbitrate any dispute or claim with Buyer, Seller, or other initialling Broker arwing out of this contract or any resefliq transaction, consistent with paragraph 15(N). However, if the dispute is solely between the Brokers, it shall instead be submitted for medtagsn and arbitration in accordance with the Board /Association of REALTORS® or MIS rules. If those entities decline to handle the matter it shall be submitted pursuant to paragraphs 15(M) and 15(N). The Initialling of this paragraph shall not result in any Broker being deemed a party to the purchase and sale agreement. As used in this paragraph, "Broker" means a brokerage firm and any licensed persons affiliated with that brokerage firm. Selling Broker Listing emke, By: By: (Initials) (Initials) 16. BUYER DISAPPROVAL: Whenever Buyer gives written notice of disapproval pursuant to paragraph(s) 3, 6, 13, 14,15(A), 15(B); 15(C), 15(E), or 15(H), above, Seller shall have calendar days from receipt of such notice to respond in writing to Buyer's disapproval. If Seller is unwilling or unable to correct the condition(s) disapproved of by Buyer, or if Seller does not respond by the time set forth herein, then Buyer may cancel this Agreement by providing written notice of cancellation to Seller within calendar days from receipt of Seller's response or from expiration of the time set for Seller's response. BUYER'S FAILURE TO GIVE WRITTEN NOTICE OF DISAPPROVAL OR CANCELLATION SHALL CONCLUSIVELY BE DEEMED APPPKWAL. 17. OTHER TERMS AND CONDITIONS: Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 4 of Pages. Buyer's Initials I-) I-) Seller's Initials. ( - ) ( 1 OFFICE USE ONLY Reviewed by Broker w Designee Date p Subject Property Address: 19 N. ARBITRATION OF DISPUTES: Any dispute or claim in law or equity between Buyer and Seller arising. out of this contract or any resulting transaction which is not settled through mediation shall be decided by neutral, binding arbitration and not by court action, except as provided by California law for judicial review of arbitration proceedings. In addition, if paragraph 15(0) is initialled by Broker(s), Buyer and Seller agree to arbitrate disputes or claims involving an initialling Broker, as defined by that paragraph, consistent with this provision. The election by Brokers) to Initial or not initial paragraph 15(0) shall not affect the applicability of the arbitration provision between Buyer and Seller, and shall not result in the Broker(s) being deemed parties to the purchase and sale agreement. The arbitration shall be conducted in accordance with the rules of either the American Arbitration Association (AAA) or Judicial Arbitration and Mediation Services, Inc. (JAMS). The selection between AAA and JAMS rules shall be made by the claimant first filing for the arbitration. The parties to an arbitration may agree in writing to use different rules andior arb'Itrator(s). in all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of the California Code of Civil Procedure. Judgment upon the award rendered by the arbitrators) may be entered in any court having jurisdiction thereof. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. The following matters are excluded from arbitration hereunder: (a) a judicial or non - judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code 12985, (b) an unlawful detainer action, (c) the filing or enforcement of a mechanic's lien, (d) any matter which is within the jurisdiction of a probate or small claims court, and (e) an action for bodily injury or wrongful death, or for latent or patent defects, to which Code of Civil Procedure §337.1 or §337.15 applies. The filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the right to arbitrate under this provision. "NOTICE: BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Buyer's Initials Seller's Initials 0. BROKERS: (If initialled.) Any Broker who initials below agrees to (a) mediate any dispute or claim with Buyer, Seller, or other initialling Broker, arising out of this contract or any resulting transaction, consistent with paragraph 15(M), and (b) arbitrate any dispute or claim with Buyer, Seller, or other initialling Broker arising out of this contract or any resulting transaction, consistent with paragraph 15(N). However, if the dispute is solely between the Brokers, it shall instead be submitted for mediation and arbitration in accordance with the Board /Association of RFALTORSO or MLS rules. If those entities decline to handle the matter, it shall be submitted pursuant to paragraphs 15(M) and 15(N). The initialling of this paragraph shall not result in any Broker being deemed a parry to the purchase and sale agreement. As used in this paragraph, "Broker" means a brokerage firm and any licensed persons affiliated with that brokerage firm. Selling Broker Listing Broker By: By: (Initials( (Initials), 16. BUYER DISAPPROVAL: Whenever Buyer gives written notice of disapproval pursuant to paragraph(s) 3, 4 13, 14,15(A), 15(B), 15(C), 15(E), or 15(H), above, Seller shall have calendar days from receipt of such notice to respond in writing to Buyer's disapproval. If Seller is unwilling or unable to correct the condition(s) disapproved of by Buyer, or if Seller does not respond by the time set forth herein, then Buyer may cancel this Agreement by providing written notice of cancellation to Seller within calendar days from receipt of Seller's response or from expiration of the time set for Seller's response. BUYER'S FAILURE TO GIVE WRITTEN NOTICE OF DISAPPROVAL OR CANCELLATION SHALL CONCLUSIVELY BE DEEMED APPROVAL. 17. OTHER TERMS AND CONDITIONS: Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 4 of Pages. Buyer's Initials ( ) I-) Seller's Initials ( ) ( ) OFFICE USE ONLY Reviewed by Broker or Designee r. Date � oppoll"VNITIF Subject Property Address: . 19 — 18. ATTORNEY'S FEES: In any action, proceeding or arbitration arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. 19. ENTIRE CONTRACT. Time is of the essence. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire contract. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding, # any, involving this Agreement. 20. CAPTIONS: The captions in this Agreement are for convenience of reference only and are not intended as part of this Agreement. 21. AGENCY CONFIRMATION: The following agency relationship(s) are hereby confirmed for this transaction: LISTING AGENT: (Print Firm Name) is the agent of (check one): ❑ the Seller exclusively; or ❑ both the Buyer and Seller SELLING AGENT: (Print Firm Name) (if not the same as Listing Agent) is the agent of (check one): ❑ the Buyer exclusively; or ❑ the Seller exclusively; or ❑ both the Buyer and Seller. 22. AMENDMENTS: This Agreement may not be amended, modified, altered or changed in any respect whatsoever except by a turther agreement in writing executed by Buyer and Seller. 23. OFFER: This constitutes an offer to purchase the described Property. Unless acceptance is signed by Seller and a signed copy delivered in person, by mail, or facsimile, and received by Buyer at the address below, or by who is authorized to receive it, on behalf of Buyer, within calendar days from the date hereof, this offer shall be deemed revoked and the deposit shall be returned. Buyer has read and acknowledges receipt of a copy of this offer. This Agreement and any supplement, addendum or modification relating hereto, including any photocopy or facsimile thereof, may be executed in two or more counterparts, all of which shall constitute one and the same writing. REAL ESTATE BROKER BUYER BUYER Address Address Telephone Fax Telephone ACCEPTANCE Fax The undersigned Seller accepts and agrees to sell the Property on the above terms and conditions and agrees to the above confirmation of agency relationships (❑ subject to attached counter offer). Seller agrees to pay to Brokers) compensation for services as follows: Payable: (a) on recordation of the deed or other evidence of title, or (b) if completion of sale is prevented by default of Seller, upon Seller's default, or (c) if completion of sale is prevented by default of Buyer, only if and when Seller collects damages from Buyer, by suit or otherwise, and then in an amount not less than one -half of the damages recovered, but not to exceed the above fee, after first deducting title and escrow expenses and the expenses of collection, it any. Seller shall execute and deliver an escrow instruction irrevocably assigning the compensation for service in an amount equal to the compensation agreed to above. In any action, proceeding, or arbitration between Broker(s) and Seller arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. The undersigned has read and acknowledges receipt of a copy of this Agreement and authorizes Broker(s) to deliver a signed copy to Buyer. Date Telephone Fax SELLER Address SELLER Real Estate Broker(s) agree to the foregoing. Broker ey Date Broker By Date Listing Broker Telephone form is available for entire real estate industry. The use of ,e a. as a R£ALTOe". REALTOR^' -- A Ill I Fax OFFICE USE ONLY Reviewed by Broker or Designee Subject Property Address: - . 19 18. ATTORNEY'S FEES: In any action, proceeding or arbitration arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. - - 19. ENTIRE CONTRACT: Time is of the essence. All prior agreememe yetween the parties are incorporated in this Agreement which constitutes the entire contract. Its terms are intended by the parties as a final expression 6ii'Ngir'agmement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral'menj. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding, if any, involving this Agreement. 20. CAPTIONS: The captions in this Agreement are for convenience of reference only and are not intended as part of this Agreement. 21. AGENCY CONFIRMATION: The following agency relationship(s) are hereby confirmed for this transaction: LISTING AGENT: ❑ the Seller exclusively; or ❑ both the Buyer and Seller is the agent of (check one): SELLING AGENT: - (if not the same as Listing Agent) is the agent of (check, one): (Print Firm Name) . ❑ the Buyer exclusively; or ❑ the Seller exclusively; or ❑ both the Buyer and Seller. 22. AMENDMENTS: This Agreement may not be amended, modified, altered or changed in any respect whatsoever except by a further agreement in writing executed by Buyer and Seller. 23. OFFER: This constitutes an offer to purchase the described Property. Unless acceptance is signed by Seller and a signed copy delivered in person, by mail, or facsimile, and received by Buyer at the address below, or by who is authorized to receive it, on behalf of Buyer, within calendar days from the date hereof, this offer shall be deemed revoked and the deposit shall be returned. Buyer has read and acknowledges receipt of a copy of this offer. This Agreement and any.supplement, addendum or modification relating hereto, including any photocopy or facsimile thereof, may be executed in two or more counterparts, all of which shelf constitute one and the same writing. REAL ESTATE Address Telephone Fax BUYER _ BUYER _ Addre ss _ Telephone ACCEPTANCE Fax The undersigned Seller accepts and agrees to sell the Property on the above terms and conditions and agrees to the above confirmation of agency relationships (❑ subject to attached counter offer). - - Seller agrees to pay to Broker(s) compensation for services as follows: Payable: (a) on recordation of the deed or other evidence of title, or (b) if completion of sale is prevented by default of Seller, upon Seller's default, or (c) if completion of sale is prevented by default of Buyer, only if and when Seller collects damages from Buyer, by suit or otherwise, and then in an amount not less than one -half of the damages recovered, but not to exceed the above fee, after first deducting title and escrow expenses and the expenses,of collection, if any. Seller shall execute and deliver an escrow instruction irrevocably assigning the compensation for service in an amount equal to the compensation agreed to above. In any action, proceeding, or arbitration between Broker(s) and Seller arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. The undersigned has read and acknowledges receipt of a copy of this Agreement and authorizes Brokers) to deliver a signed copy to Buyer. Date Telephone Fax Address Real.Estate Broker(s) agree to the foregoing. SELLER SELLER Broker By Date Broker By Date Listing Broker Telephone Fax OFFICE USE ONLY Reviewed by Broker or Designee 11171il I_1A IAI Subject Property Address: , 19 18. ATTORNEY'S FEES: In any action, proceeding or arbitration arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. - 19. ENTIRE CONTRACT. Time is of the essence. Ail prior agreements between the parties are incorporated in this Agreement .which constitutes the entire contract. Its terms are intended by the parties as a final.'expression of their agreement with respell to such terms as are included herein and may not be Contradicted by evidence of any prior agreement or contemporaneous oral. agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be. introduced in any judicial or arbitration proosetift, if. : any: involving this Agreement. - - -� 20. CAPTIONS: The captions in this Agreement are for convenience of reference only and are not intended as part of this Agreement. 21. AGENCY- 1c"ONFIRMATION: The following agency relationship(s) are hereby confirmed for this transaction: LISTING AGENT: - is the agent of (check one): ❑ the Seller exclusively; or ❑ both the Buyer and Seller SELLING AGENT: - I (if not the same as Listing Agent) is the agent of (check one): Prih Finn Name) ❑ the Buyer exclusively; or ❑ the Seller exclusively; or O' both the Buyer and Seller - 22. AMENDMENTS: This Agreement may not be amended, modified, altered or changed In any respect whatsoever except by= lturther agreement in - writing executed by Buyer and Seller. 23. OFFER: This constitutes an offer to purchase the described Property. Unless acceptance is signed by Seiler and a signed copy delivered in person, by mail, or facsimile, and received by Buyer at the address below, or by' who is authorized to receive it, on behalf of Buyer, within calendar days from the date hereof, this offer shall be deemed revoked and the deposit shall be returned. Buyer has read and acknowledges - receipt of a copy of this offer. This Agreement and any supplement, addendum or modification relating hereto, including any photocopy or facsimile thereof, may be executed in two or more counterparts, all of which shall constitute one and the same writing_ REAL ESTATE BROKER BUYER BUVER Address Address Telephone Fax Telephone ACCEPTANCE Fax The undersigned Seller accepts and agrees to sell the Property on the above terms and conditions and agrees to the above confirmation of agency relationships (❑ subject to attached counter offer). - - Seller agrees to pay to Brokers) compensation for services as follows: Payable: (a) on recordation of the deed or other evidence of title, or (b) if completion of sale is prevented by default of Seller, upon Seller's default, or (c) if completion of sale is prevented by default of Buyer, only if and when Seller collects damages from Buyer, by suit or otherwise, and then in an amount not less than one -half of the damages recovered, but not to exceed the above fee, after first deducting title and escrow expenses and the expenses of collection, if any. Seller shall execute and deliver an escrow instruction irrevocably assigning the compensation for service in an amount equal to the compensation agreed to above. In any action, proceeding, or arbitration between Broker(s) and Seller arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. The undersigned has read and acknowledges receipt of a copy of this Agreement and authorizes Broker(s) to deliver a signed copy to Buyer. - Date Telephone Fax Address Real Estate Broker(s) agree to the foregoing. Broker By Broker By Listing Broker Telephone Fax isW IOW b use by the shire roEl,Mtlein&W, The useh sna,i,bna Wksshtft1heuwase REALTOR -. REALTOR' -- s AUn 01 SELLER SELLER Date Date OFFICE USE ONLY - Reviewed by Broker or Designee Subject Property Address: , 19 18. ATTORNEY'S FEES: In any action, proceeding or arbitration arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. 19. ENTIRE CONTRACT: Time is of the essence. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire contract. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding, if any, involving this Agreement. 20. CAPTIONS: The captions in .this Agreement are for convenience of reference only and are not intended as part of this Agreement. 21. AGENCY CONFIRMATION: The following agency relationship(s) are hereby confirmed for this transaction: LISTING AGENT: is the agent of (check one): ❑ the Seller exclusively; or ❑ both the Buyer and Seller SELLING AGENT: (if not the same as Listing Agent) is the agent of (check one): (Print Firm Name) ❑ the Buyer exclusively; or ❑ the Seller exclusively; or ❑' both the Buyer and Seller. 22. AMENDMENTS: This Agreement may not be amended, modified, altered or changed in any respect whatsoever except by a further agreement in writing executed by Buyer and Seller. 23. OFFER: This constitutes an offer to purchase the described Property. Unless acceptance is signed by Seller and a signed copy delivered in person mail, or facsimile, and received by Buyer at the address below, or by who is authorized to receive it, on behalf of Buyer, within calendar days from the date hereof, this offer shall be deemed revoked and the deposit shall be returned. Buyer has read and acknowledges receipt of a copy of this offer. This Agreement and any supplement, addendum or modification relating hereto, including any photocopy or facsimile thereof, may be executed in two or more counterparts, all of which shall constitute one and the same writing. by REAL ESTATE BROKER By ,d Address Telephone Fax BUYER _ BUYER _ Address _ Telephone ACCEPTANCE Fax The undersigned Seller accepts and agrees to sell the Property on the above terms and conditions and agrees to the above confirmation of agency relationships (❑ subject to attached counter offer). Seller agrees to pay to Broker(s) compensation for services as follows: Payable: (a) on recordation of the deed or other evidence of title, or (b) if completion of sale is prevented by default of Seller, upon Seller's default, or (c) if completion of sale is prevented by default of Buyer, only if and when Seller collects damages from Buyer, by suit or otherwise, and then in an amount not less than one -half of the damages recovered, but not to exceed the above fee, after first deducting title and escrow expenses and the expenses of collection, if any. Seller shall execute and deliver an escrow instruction irrevocably assigning the compensation for service in an amount equal to the compensation agreed to above. In any action, proceeding, or arbitration between Broker(s) and Seller arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. The undersigned has read and acknowledges receipt of a copy of this Agreement and authorizes Broker(s) to deliver a signed copy to Buyer. Date Telephone Fax SELLER Address SELLER Real Estate Broker(s) agree to the foregoing. Broker By Date Broker By Date Listing Broker Telephone Fax real OFFICE USE ONLY Reviewed by Broker or Designee PK7 2. 3. 4. A LOTS AND, LAND- —URCHASE CONTRACT AND RECD --VT FOR DEPOSIT THIS IS MORE THAN A RECEIF,�;R MONEY. IT IS INTENDED TO BE A LEGALLY BINDIrrc.�� __ONTRACT. READ IT CAREFULLY. CALIFORNIA ASSOCIATION OF REALTORS' (C.A.R.) SfANDARD�I)RM ASSESSOR'S PARCEL N 2'•--w -D FINANCING: The obtaining of Buyer's financing is a c/optjngenL f t��ee� G 217 A. DEPOSIT upon acceptance, to be deposited into MIA v1/ B. INCREASED DEPOSIT within calendar days from acceptance to be deposited into E. TOTAL PURCHASE PRICE: ................................................. .............................. F Buyer agrees to act diligently and in good faith to obtain all applicable financing. G. Dollars S_ OO�0��— fzir-- r a b$OD, 000" BONDS AND ASSESSMENTS: IF ASSUMED BY BUYER.:,KOF RECORD LJ NOT YET A LIEN ............. ............................... d — ASSUMPTION OR "SUBJECT TO ": In the event Buyer assumes or takes title subject to existing loan(s), bond(s) or assessmeni(s), Seller shall provide Buyer with copies of applicable notes, Deeds of Trust, and bond schedules. A loan may contain a number of features which affect the loan, such as interest rate changes, monthly payment changes, balloon payment(s), etc. Buyer shall be allowed — calendar days after receipt of such copies to notify Seller in writing of disapproval. Buyer's approval shall not be unreasonably withheld. Difference in existing loan balances shall be adjusted in ❑ Cash, or ❑ . Paragraph 16 Is Incorporated herein. SUPPLEMENTS: The ATTACHED supplements are incorporated herein: ❑ ❑ E❑ ESCROW: Buyer and Seller shall deliver signed instr io from acceptance which shall provide for ❑■ Escrow Holder, within days from acceptance. Escrow fees to be paid as follows: calendar days Buyer and Seller acknowl Ipt of copy of this pa onstil, tes age 1 of Pages. Buyer's Init Is ) ( ) Seller's Initials ( ) ( ) THIS STANDARDIZED DOCUMENT HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALT .A.R.)INFORM ONLY. NO REPRESENTATION IS MADE ASTOTHE APPROVAL OF THE FORM OF ANY SUPPLEMENTS NOT CURRENTLY PUBLISHED BY C.A.R. OR THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. IT SHOULD NOT BE USED WITH EXTENSIVE RIDERS OR ADDITIONS. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL The CWyrlgM ho of me UngW Sreles O r U.S Coed Wbi 1 IM uneuthdizW OFFICE USE ONLY CooW4, IDWI 5,CALW eenaiASSOaTn*N OFRMTOuse CePPIDr'r• repre9•v. CAIFORNM ASSOCIATION OF REALTORS• Reviewed by Broker DeeignBe ST S&^ VonO Av A . Lee Arwebe. CNIAw IlOele Date _ e d�jyrr� S. TITLE: Title is to be free of liens, encumbfY,��es, easements, restrictions, rights and conditions M acord or known to Seller, other than the following: (4) current property taxes, (b) covenants, conditi, ,,, esbictions, and public utility easements of record, if aim ovided the same do not adversely affect the continued use of the Properly for the purposes for which it is presently being used, unless rably disapproved by Buyer in writing w hin 4 / calendar days from receipt of a current preliminary report furnished at _/�C� -•f T✓ // Tz^C expense, and (c) Seller shall furnish Buyer at E 45 � expense a L-% _ title policy issued by / DEG v' ??Z� _ _. Company, showing Idle vested in Buyer subject only to the above. If Seller is unwilling or unable to eliminate any title matter disapproved by Buyer as above. Buyer may terminate this Agreement. If Seller fails to deliver title as above, Buyer may terminate this Agreement; in either case, the deposit shall be returned to Buyer. Paragraph 16 is incorporated herein. 7. VESTING: Unless otherwise designated in the escrow instructions of Buyer ' e shall vest as follows' L$ f 6T�iZ c`� m -- -- -- .LIJL- -- (The manner of taking title may have significant legal and tax consequences. Therefore, give this matter serious consideration.) 8. PROBATIONS: Property taxes, payments on bonds and assessments assumed by Buyer, interest, rents, assoeiatio dues, premiums on insurance acceptable to Buyer and _._._S shall be, paid current and prorated as olMhe day of recordation of the deed; or I 1 . .. .._.__ _ . Bonds or assessments of record shall be paid current by Seller, payments not yet due to be assumed by Buyer; or paid in lull by Seller, including payments not yet due- or �.�� _. _._ ._.__ _ — _._.._.. . County transfer tax shall be paid by (v�_. fl/ sr. S�- f-c1�. _._,. The _ /T __ _ transfer tax or transfer fee shall be paid by L�[Z% - ��< -c_E'2 PROPERTY REASSESSED UPON CHANGE OF OWNERSHIP. THIS WILL AFFECT THE TAXES TO BE P D. A supplemental tax bill will be issued, which shall be paid as follows: (a) for periods after close of escrow, by Buyer (or by final acquiring party if part of an exchange), and (b) for periods prior to close of escrow, by Seller. TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. 9. POSSESSION: Possession shall be delivered to Buyer, on close of escrow, or ❑ not later than calendar days after close of escrow, or ❑ 10. SECURITY DEPOSITS: Security deposits, if any, to the extent they have not been applied by Seller in accordance with the rental agreement and current law, shall be transferred to Buyer on close of escrow. 11. TAX WITHHOLDING: (a) Under the Foreign Investment in Real Property Tax Act (FIRPTA), IRC §1445, every Buyer of U.S. real property must, unless an exemption applies, deduct and withhold from Seller's proceeds 10% of the gross sales price. The primary FIRPTA exemptions for non - residential properly are: No withholding is required if (t) Seller provides Buyer with an affidavit, under penalty of perjury, that Seiler is not a "foreign person;' or (ii) Seller provides Buyer with a "qualifying statement" issued by the Internal Revenue Service. (b) In addition, under California Revenue and Taxation Code §16662, every Buyer must, unless an exemption applies, deduct and withhold from the Seller's proceeds 31/3% of the gross sales price if the Seller has a last known street address outside of California, or if the Seller's proceeds will be paid to a financial intermediary of the Seller. The primary exemptions for non - residential property are: No withholding is required if (i) the property is selling for $100,000 or less, or (ii) the Franchise Tax Board issues a certificate authorizing a lower amount or no withholding, or (iii) the Seller signs an affidavit stating that the Seller is a California resident or a corporation qualified to do business in California. (c) Seller and Buyer agree to execute and deliver as directed any instrument, affidavit, or statement reasonably necessary to carry out those statutes and regulations promulgated thereunder. 12. MULTIPLE LISTING SERVICE: If Broker is a participant of an Association /Board multiple listing service ( "MLS "), the Broker is authorized to report the sale, its price, terms, and financing for the publication, dissemination, information, and use of the authorized Association /Board members, MLS participants and subscribers. 13. FLOOD HAZARD AREA DISCLOSURE: If the subject Property is situated in a "Special Flood Hazard Area" asset forth on Federal Emergency Management Agency (FEMA) "Flood Insurance Rate Map" (FIRM) or "Flood Hazard Boundary Map' (FHBM) then Seller shall, within calendar days from acceptance, disclose this fact in writing to Buyer. The law provides that as a condition of obtaining financing on most structures located in a "Special Flood Hazard Area;' lenders require flgod insurance where the property or its attachments are security for a loan. Buyer is allowed _l calendar days from receipt of the disclosure, to make further inquiries at Buyer's lender, insurance agent, or other appropriate entities. When such inquiries disclose conditions or information unsatisfactory to the Buyer, Buyer shall give written notice of disapproval to Seiler within this latter time period. Paragraph 16 Is incorporated herein. 14. GEOLOGIC HAZARD ZONES: If the subject Properly is situated in a Special Studies Zone as designated under § §2621 -2625, inclusive, of the California Public Resou as Code or in a locally designated geological hazard zone(s) or area(s) where disclosure is required by local ordinance, then Seller shall, within _ 7 calendar days from acceptance, disclose [his fact(s) in writing to Buyer. The construction or development of any structure for human occupancy located within a special studies zone may be subject to the findings of a geologic report prepared by a geologist registered in the State of California, unless such report is wa. d by the City or County under the terms of that act. Buyer is allowed �Iendar days from receipt of the disclosure to make further inquiries at appropriate governmental agencies concerning the use of the subject Properly under the terms of the Special Studies Zone Act and local building, zoning, fire, health and safety codes. When such inquiries disclose conditions or information unsatisfactory to the Buyer, Buyer shall give written notice of disapproval to Seller within this latter time period. Paragraph 16 Is Incorporated herein. 15. ADDITIONAL TERMS AND CONDITIONS: ONLY TH LOWING PARAGRAPHS A THROUGH M WHEN INITIALLED BY BOTH BUYER AND SELLER ARE INCORPORATED IN THIS AGREEMENT. Bu neWe elNr'e lnlll -Q A. PHYSICAL AND GEOLOGICAL INSPECTION: Buyer shall have the right, at Buyer's expense, to select licensed c c traclor(s) and other qualified prolessional(s), to make "INSPECTIONS" (including tests, surveys, other studies, inspections, and investigations) of the subject Property including but not limited to sewer/septic system, well, soils, percolation, geologic conditions and environmental hazards, such as but not limited to, any past or current generation, storage, release, threatened release, disposal, and presence and location of asbestos, PCB transformers, petroleum products, flammable explosives, underground storage tanks and other hazardous, toxic or contaminated substance or condition, on or about the Properly. Buyer shall keep the subject Property free and clear of any liens, indemnify and hold Seller harmless from all liability, claims, demands, damages or costs, and repair all damages to the Property arising from the "INSPECTIONS." All claimed defects concerninAt4 condition of the Property that adversely affect the continued use of the Properly for the purposes for which it is presently being sad j5<cr as C /T1,/ 1�. 2LL ___I shall be in writing, supported by written re orls, if any, and delivered to Seller within � calendar days from acceptance FOR "INSPECTIONS" OTHER THAN GEOLOGICAL, and within .7 cal der days for GEOLOGICAL "INSPECTIONS" Buyer shall furnish Seller copies, at no cost, of all reports concerning the Properly obtained by Buyer. P mph 18 is Incorporated herein. Bu I ale Ilfr'$ liters _ .:J L - B. UTILITIES AND SERVICES: Within �� calendar days from acceptance. Buyer shall have the right to determine t vailability and costs of utilities and services including but not limited to sewerage, sanitation, water, electricity, gas, telephone, cable TV and drainage. When such inquiries disclose conditions or information which are unsatisfactory to Buyer, Buyer shall give written notice of disapproval to Seller within the time period herein. Paragraph 16 Is Incorporated herein. Buyer and Seller ackn receipt of copy of this pa h consti� tees /page 2 f :� n" Pages. Buys mlials (_ _) ( ) Seger's Initials A&LA ) ( �t.�.r'1 OFFICE USE ONLY IIIIf Reviewed by Broker or Designee Sublecl Properly Address —� f r i_ •._'_ -.i. _.'___ ,�!� —• !__— .-- ___ —__ ._. ...J:d /. f._i Y-w _.. riteFederal. C. SELL,.rAEPRESENTATION: Seller warrants that Seller hasree„,nowledge of any notice of violations of City, County, Building, Zoning, Fife, Health Codes or ordinances, or other governmental regulation filed o`ris /syyyeeed against the Property. If Seller receives notice of any such violations prior to close of escrow, Seller shall immediately notify Buyer. Buyer is allowed calendar days after receipt of notification to give Sell r written notice of disapproval. Paragraph 16 Is Incorporated herein. lsls lsri Inlll 1 ID. CONDITION OF PROPERTY: Seller warrants, through the date possession is made available to Buyer, that Property and improvements, it any, shall be maintained in the same condition as upon the date of acceptance. BUVW 1. alter i lnitl E. ZONING AND LAND USE: Within 1;2) calendar days from acceptance, Buyer at Buyer's expense shall etermme the suitability of the Property for Buyer's intended use. Buyer to make Buyer's own determination of suitability, through inquiries, investigations. studies or any other means, concerning past, present, or proposed factual matters regarding the Property including laws, ordinances, referendums. initiatives and voles. If such matters are unsatisfactory to Buyer, Buyer shall give written notice of disapproval to Seller within the time period herein. Paragraph 16 Is Incorpora d here ; 8 / tls se lsri Intl ,, _._L__ F. SURVEY, PLANS AND ENGINEERING DOCUMENTS: Wnhirl�� calendar days from acceptance, Seller shall. at no cost to Buyer, deliver to Buyer copies of surveys, plans, specifications and engineering documents, if any, prepared on Seller's behalf or in Seller's possession. _�e 1.1• altar's Inlll.b n _ y� - L�r.�G. CHANGES DURING ESCROW: Prior to close of escrow, Seller agrees not to (1) rent or lease any part of the premises. (2) alter, modify or extend any existing rental or lease agreement or (3) enter into, alter, modify or extend any service contract(s), without first having obtained Buyer's written approval, which shall not be unreasonably withheld. euyr' • *1161•• Initial H. RENTAL AND SERVICE AGREEMENTS: WilhinL � calendar days from acceptance, Seller shall make available t Buyer for inspection and review all current leases, r tat agreements, service contracts and other related agreements, licenses, and permits pertaining to the operation of the Properly. Buyer shall be allowed calendar days from receipt to notify Seller in writing of disapproval. Paragraph 16 is Incorporated hereln. Buye i Initials Seller's lnlllel• I, ESTOPPEL CERTIFICATES: Within calendar days from acceptance, Seller shall send to all tenants written requests for estoppel certificates acknowledging that their rental or lease agreements are unmodified and in full force and effect, or if modified, stating all such modifications. Within calendar days from acceptance, Seller shall deliver to Buyer all such certificates received from tenants. Buyr•• Initials Seller's Initials J. SUBORDINATION: This Agreement is contingent upon both Buyer and Seller approving a subordination clause addendum. Such addendum to be drafted at the expense of _ and delivered to both Buyer and Seller within _ calendar days from acceptance. Unless both Buyer and Seller consent, in writing, to the subordination clause addendum within calendar days from receipt of such addendum, then Buyer may waive this requirement or cancel this Agreement by providing written notice to Seller. (The manner of subordination may have significant legal consequences. Therefore, give this matter serious consideration.) Buyers Initials sell* i Inlllel• K. PARTIAL RECONVEYANCE: This Agreement is contingent upon both Buyer and Seller approving a partial reconveyance clause addendum. Such addendum shall be dratted at the expense of _ and delivered to both Buyer and Seller within calendar days from acceptance. Unless both Buyer and Seller consent, in writing, to the partial reconveyance within calendar days from receipt of such addendum, then Buyer may waive this requirement or cancel this Agreement by providing written notice to Seller. (The nor of artlal reconveyance may have significant legal consequences. Therefore give this matter serious consideration.) Buy: • sells.: mulsl� MG 92.. LIQUIDATED DAMAGES: Buyer and Seller agree that if Buyer fails to complete this purchase by reason of any default of Buyer: 1. Seller shall be released from obligation to sell the Properly to Buyer. 2. Seller shall retain, as liquidated damages for breach of contract, the deposit actually paid. Buyer and Seller shall execute RECEIPT FOR INCREASED DEPOSITILIQUIDATED DAMAGES (C.A.R. Form RID-11) for any Increased deposits. However, the amount retained shall be no more than 3% of the purchase price If Property is a dwelling with no more than tour units, one of which Buyer intends to occupy as Buyer's residence. Any excess shall be promptly returned to Buyer. 3. Seller retains the right to proceed against Buyer for specific performance or any other claim or remedy Seller may have in law or equity, other than breach of contract damages. 4. In the event of a dispute, funds deposited in trust accounts or escrow are not released automatically and require mutual, signed release instructions from both Buyer and Seller, judicial decision, or arbitration award. M. MEDIATION OF DISPUTES: BUYER AND SELLER AGREE TO MEDIATE ANY DISPUTE OR CLAIM BETWEEN THEM ARISING OUT OF THIS CONTRACT OR ANY RESULTING TRANSACTION BEFORE RESORTING TO ARBITRATION OR COURT ACTION. Mediation is a process in which parties attempt to resolve a dispute by submitting it to an impartial, neutral mediator who is authorized to facilitate the resolution of the dispute but who is not empowered to impose a settlement on the parties. Mediation fee, if any, shall be divided equally among the parties involved. Before the mediation begins, the parties agree to sign a document limiting the admissibility in arbitration or any civil action of anything said, any admission made, and any documents prepared, in the course of the mediation, consistent with Evidence Code §1152.5. In addition, if paragraph 15(0) is initialled by Broker(s), Buyer and Seller agree to mediate disputes or claims involving an initialling Broker, as defined by that paragraph, consistent with this provision. The election by Broker(s) to initial or not initial paragraph 15(0) shall not affect the applicability of this mediation provision between Buyer and Seller and shall not result in the Broker(s) being deemed parties to the purchase and sale agreement. IF ANY PARTY COMMENCES AN ARBITRATION OR COURT ACTION BASED ON A DISPUTE OR CLAIM TO WHICH THIS PARAGRAPH APPLIES WITHOUT FIRST ATTEMPTING TO RESOLVE THE MATTER THROUGH MEDIATION, THEN IN THE DISCRETION OF THE ARBITRATOR(S) OR JUDGE, THAT PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEY'S FEES EVEN IF THEY WOULD OTHERWISE BE AVAILABLE TO THAT PARTY IN ANY SUCH ARBITRATION OR COURT ACTION. However, the tiling of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not in itself constitute a loss of the right to recover attorney's fees under this provision. The following matters are excluded from the requirement of mediation hereunder: (a) a judicial or non - judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985, (b) an unlawful detainer action, (c) the filing or enforcement of a mechanic's lien, and (d) any matter which is within the jurisdiction of a probate court. Buyer and Seller ack eceipt of copy of this p ich constitutes ge 3 07 Pages. Buyer's ) I—) oiler's Initials ) OFFICE USE ONLY R &oker or Designee bUbtecl Y,uperly Address. ��! <.!_til_ _.__.. /l iY I I _ �. +—I !�'_._...., N. ARP 'ATION OF DISPUTES: Any dispute or claim it i or equity between Buyer and Seller arising out of Ihi$ contract or any resulting transaetton which is not settled through mediation shin q decided by neutral, binding arbitration and not by court action, except as provided by California law for judicial review of arbitration proceedings. In addition, if paragraph 15(0) is initialled by Broker(s), Buyer and Seller agree to arbitrate disputes or claims involving an initialling Broker, as defined by that paragraph, consistent with this provision. The election by Broker(s) to initial or not initial paragraph 15(0) shall not affect the applicability of the arbitration provision between Buyer and Seller, and shall not result in the Broker(s) being deemed parties to the purchase and sale agreement. The arbitration shall be conducted in accordance with the rules of either the American Arbitration Association (AAA) or Judicial Arbitration and Mediation Services, Inc. (JAMS). The selection tetween AAA and JAMS rules shall be made by the claimant first filing for the arbitration. The parties to an arbitration may agree in writing to use different rules and /or arbitrator(s). In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of the California Code of Civil Procedure. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties shall have the right to discovery in accordance with Cade of Civil Procedure §1283.05. The following matters are excluded from arbitration hereunder: (a) a judicial or non - judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985, (b) an unlawful detainer action, (c) the filing or enforcement of a mechanic's lien, (d) any matter which is within the jurisdiction of a probate or small claims court, and (e) an action for bodily injury or wrongful death, or for latent or patent detects, to which Code of Civil Procedure §337.1 or §337.15 applies. The filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the right to arbitrate under this provision. "NOTICE: BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVEJREAD AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'AR ATION OF DJRUYES' PROVISION TO NEUTRAL ARBITRATION" Bu In nla. s IInY Inlll 1 r 0. BROKERS: (If initialled.) Any Broker who initials below agrees to (a) mediate any dispute or claim with Buyer, Seller, or other initialling Broker, arising out of this contract or any resulting transaction, consistent with paragraph 15(M), and (b► arbitrate any dispute or claim with Buyer, Seller, or other initialling Broker arising out of this contract or any resulting transaction, consistent with paragraph 15(N). However, if the dispute is solely between the Brokers, it shall Instead be submitted for mediation and arbitration in accordance with the Board /Association of REALTORS'" or MLS rules. If those entities decline to handle the matter, it shall be submitted pursuant to paragraphs 15(M) and 15(N). The Initialling of this paragraph shall not result in any Broker being deemed a party to the purchase and sale agreement. As used in this paragraph, "Broker" means a brokerage firm and any licensed persons affiliated with that brokerage firm. Selling BroMe, Listing BroMer By: Onnbiq imua 16. BUYER DISAPPROV/1L: Whenever Buyer gives written notice of disapproval pursuant to paragraph(s) 3, 6, 13, 14,15(A), 15(0),15(C), 15(E), or 15(H), above, Seller shall have l calendar days from receipt of such notice to respond in writing to Buyer's disapproval. II Seller is unwilling or unable to correct the'condition(s) disapproved of by Buyer, o if Seller does not respond by the time set forth herein, then Buyer may cancel this Agreement by providing writ notice of cancellation to Seller within —1F' calendar days from receipt of Sellers response or from expiration of the time set for Seller's respon . YER'S FAILURE TO GIVE WRITTEN NOTICE OF DISAPPROVAL OR CANCELLATION SHALL CONCLUSIVELY BE DEEMED APPROVAL. 17. OTHER TERMS AND CONDITIONS: Buyer and Seller acknowledge receipt of copy of this pa ns uutes ge 4�ges. Buyer'sfndiels I—) ( ) Settersmnials ) OFFICE USE ONLY ^ F by Broker or Design" . Subject Properly Address: _1 --±.�i [ F Y '.__._ .._ .__.f1 18. ATTORNEY'S FEES: In any action, proceedi' it arbitration arising out of this Agreement, the pre g party shall be entitled to reasonable attorney's fees and costs. 1,. 19. ENTIRE CONTRACT: Time is of the essence. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire contract. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any Judicial or arbitration proceeding, it any, involving this Agreement. 20. CAPTIONS: The captions in this Agreement are for convenience of reference only and are not intended as part of this Agreement. 21. AGENCY CONFIRMATION: The following agen nship(s) are he confirmed to to his transaction: LISTING AGENT r�v.���r -114, v,�/ 211A ,ls• N nt of (check one): (Print Firm Name) the Seller exclusively; or ❑ both the Buyer and Seller SELLING AGENT: (Pond Firm Name) (it not the same as Listing Agent) is the agent of (check one)'. ❑ the Buyer exclusively; 9) ❑ the Seller exclusively; or ❑ both the Buyer and Seller. 22. AMENDMENTS: This Agreement may not be amended, modified, altered or changed In any respect whatsoever except by a further agreement in writing executed by Buyer and Seller. 23. OFFER: This constitutes an offer to purchase the described Property. Unless acceptance is signed by Seller and a signed copy delivered in person, by mail, or facsimile, and received by Buyer at the address below, or by who is authorized to receive it, on behalf of Buyer, within ___ calendar days from the date hereof, this offer shall be deemed revoked and the deposit shall be returned. Buyer has read and acknowledges receipt of a copy of this offer. This Agreement and any supplement, addendum or modification relating hereto, including any photocopy or facsimile thereof, may be executed in REAL ESTATE By Address _ Telephone _ Fax The undersigpkqseller accepts and agrees to sell relationshi ject to attached counter offer). Seller agrees t pay to Broker(s) compensation for services as follows: _ of which shall constitute one and the same writing. BUYER Address39r 6,itltOL L-0 P U o-t L 14- q'LG 2)' Telephone l LS* `%-1 d 10 Fax —7Z' 4" 00C) ACCEPTANCE the Property on the above terms and conditions and agrees to the above confirmation of agency Payable: (a) on recordation of the deed or other evidence of title, or (b) if completion of sale is prevented by default of Seller, upon Seller's default, or (c) if completion of sale is prevented by default of Buyer, only it and when Seller collects damages from Buyer, by suit or otherwise, and then in an amount not less than one -half of the damages recovered, but not to exceed the above fee, after first deducting title and escrow expenses and the expenses of collection, if any. Seller shall execute and deliver an escrow instruction irrevocably assigning the compensation for service in an amount equal to the compensation agreed to above. In any action, proceeding, or arbitration between Broker(s) and Seller arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. The undersigned has read and acknowledges receipt of a copy of this Agreement and authorizes Broker(s) to deliver a signed copy to Buyer. Dale _:4 ` _q[ ,Telephone Fax Address Real Estate Broker(s) agree to th of Broker S/ ELLER/Y / LL<j S% Listing Broker Telephone _7� l2�- a g_1 Fax /���`���5 Tme lam I. MIeeN WN eN by me •Miry real eWM kraeNr Via vwa OFFICE USE ONLY IMa Item N me mneded W idefty IN we, u• REMTOR' REALTOR• r• Y I. "NOW c .mwnewemPmwk Mete IN, W Used edle by net RNlevreC by BroMr or Designee .. eNw kcer,eeee wino we mwee.rs a me NATIONAL ASSOCIATION OF wrN roi.e IIEMIONS'rwe wed wrescr,ee bee f:awWEwu Page 5 o _._-_..Pages. DstO ........ .. ... eleOAllNn V A niemN, q the fun IAn glas Heal Estate Services Group, Inc. IL3a�rrwdn-7 (For use by Sailor or Buyer. May be used for Multiple Counter Offer.) THIS IS INTENDED TO BEA LEGALLY W,' 7 AGREEMENT — READ IT CAREFULLY. CALIFORNIA AS SOCIATION OF RE..~ IC.A.R.) STANDARD FORM This is a counter oiler to the: .Offer, ❑ Counter Offer, ❑ Other dated S ' 3 �"�1G regardin roperty address): between A +r+rTlne+�rfCJ NL Ate+ +y - "Buyer," and L._ "SelleC-S 1. TERMS: The terms and conditions of the above referenced document are accepted subject to Ehe following: A. Paragraphs in the purchase contract (offer) which require Initials by all parties, but are not Initialed by all parties, are excluded from the final agreement unless specifically referenced for inclusion in paragraph 1C of this or another Counter Offer. B. Unless otherwise specified In writing, down payment and loan amount(s) will be adjusted In the same proportion as In the original offer. 2. 3. 4. D. The following attached supplements are Incorporated in this Counter Offer: ❑ ❑ ❑ (If Checked:) MULTIPLE COUNTER OFFER: Seller is making a Counter Offer(s) to another prospective buyer(s) on terms which may or may not be the same as in this Counter Offer. Acceptance of this Counter Offer by Buyer shall not be binding unless and until it is subsequently re- signed by Seller in paragraph 7 below and returned to Buyer or Buyer's agent. Prior to the completion of all of these events, Buyer and Seller shall have no duties or obligations for the purchase or sale of the Property. RIGHT TO ACCEPT OTHER OFFERS: Seller reserves the right to continue to offer the Property for sale or for other transaction, and to accept any other offer at anytime prior to communication of acceptance, as described in paragraph 4. Seller's acceptance of another offer prior to Buyer's acceptance and communication of acceptance of this Counter Offer shall revoke this Counter Offer. EXPIRATION: Unless acceptance of this Counter Offer is signed by the person receiving it, and communication of acceptance is made by delivering 3 +fined c py In person, by mall, or by facsimile which is personally received, to the person making this Counter Offer or to by 5:00 PM on the third calendar day after this Counter Offer is written (or, if checked, ❑ date: time AM /PM), this Counter Offer shall be deemed revoked and the deposit shall be returned to Buyer. This Counter Offer may be executed in counterparts. As the person s) making this Counter Otter on the terms above, receipt of a copy Is acknowledged. Date: Time: AU/PM S. ACCEPTANCE: I /WE accept the above Counter Offer (If receipt of aAopy. Date: Time: AM /PM TO THE ATTACHED COUNTER OFF FA) and acknowledge / Date: Time: � PM Date: 0 NCKN0WLEDGMENT OF RECEIPT. Receipt of signed acceptance on (date) by the maker of the Counter Offer, or other person designated in paragraph 4, is acknowledged. //V Time: _ AM /PM at AM /PM, (— /) (Initials) MULTIPLE COUNTEROFFER SIGNATURE LINE: (Paragraph 7 applies only if paragraph 21s checked.) By signing below, Seller accepts this Multiple Counter Offer, and creates a binding contract. (NOTE TO SELLER: Do NOT sign in this paragraph until after Buyer signs the acceptance in paragraph 5, and returns to Seller for re- signing.) Date: Time: AM /PM Date: Time: _ AM /PM THIS STANDARDIZED DOCUMENT HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS- ( C.A.R.) INFORM ONLY. NO REPRESENTATION IS MADE AS TO THE APPROVAL OF THE FORM OF ANY SUPPLEMENTS NOT CURRENTLY PUBLISHED BY C.A.R. OR THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. IT SHOULD NOT BE USED WITH EXTENSIVE RIDERS OR ADDITIONS. A REAL ESTATE BROKER IS THE PERSON OUAUFIED 10 ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX,ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by the entire real estate Industry. The use of this form is not intended to identify the user as a REALTOR". REALTOR^ is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS' who subscribe to its Code of Ethics. The honhehr IAea c In Oni Aw sty p1 ons Cove) rorDld IM OFFICE USE ONLY ^ The CDruaerttIfte, 0 me thane Sue,rrymasm lrcoaste W the _ or compoeftrod Revhwed by Brolne or Designs � r, trw.n- rasa teas r.t WMWA AK%M.IAfKW0F REArroae• RRf 1KFR R rnPV .. Cdpf OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 December 13, 2000 Mr. Dennis Aldridge Vice President Golden Bear Arborists, Inc. 146 E. Railroad Avenue Monrovia, CA 91016 Subject: Balboa Peninsula Gateway Park, Lido Gateway Park, and Sound Wall Landscape Improvements (C -3155) Dear Mr. Aldridge: On June 13, 2000, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond six months after Council acceptance. The Labor & Materials Bond was released on July 20, 2000. The Surety for the contract is Fireman's Fund Insurance Company, and the bond number 11133468618. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department Horst Hlawaty, Construction Engineer enclosure 3300 Newport Boulevard, Newport Beach July 20, 2000 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Mr. Dennis Aldridge Vice President Golden Bear Arborists, Inc. 146 E. Railroad Avenue Monrovia, CA 91016 Subject: Balboa Peninsula Gateway Park, Lido Gateway Park, and Sound Wall Landscape Improvements (C -3155) To Whom It May Concern: On June 13, 2000, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 15, 2000, Reference No. 20000316035. The Surety for the contract is Fireman's Fund Insurance Company, and the bond number is 11133468618. Enclosed are the Bidders Bond and the Labor & Materials Payment Bond. Sincerely, f /. d i- LaVonne M. Harkless, CMC /AAE City Clerk LMH:Iib cc: Public Works Department William Patapoff, Project Manager 3300 Newport Boulevard, Newport Beach 6 a ." Recorded in Official Records, County of Orange RECORDING REQUESTED BY AND Gary Granville, clerk- Recorder WHEN RECORDED RETURN TO: 1,i�i ` i��ii�������iiii� ,��1ji1'��i��i1111NO r[E City Clerk V N�z 0000316035 02,23pm 06115100 „a City of Newport Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0-00 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt rom recording pursuant to Government Code Section 6103" NOTICE OF COMPLETION i NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Golden Bear Arborists, Inc. of Monrovia, California, as Contractor, entered into a Contract on August 23, 1999. Said Contract set forth certain improvements, as follows: Balboa Peninsula Gateway Park, Lido Gateway Park, and Sound Wall Landscape Improvements Project, C -3155 Work on said Contract was completed on December 13, 1999, and was found to be acceptable on June 13, 2000, by the City Council. Title to said property is vested in the Owner, and #die Surety for said Contract is Fireman's Fund Insurance Company. Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on V BY City Clerk c_IS CC) c, , at Newport Beach, California. :> - M ,V 0 • Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on V BY City Clerk c_IS CC) c, , at Newport Beach, California. • t APPROVED TO: Mayor and Members of the City Council 0 ( Fish c- �, June 13, 2000 CITY COUNCIL AGENDA ITEM NO. 14 FROM: Public Works Department SUBJECT: BALBOA PENINSULA GATEWAY PARK, LIDO GATEWAY PARK, AND SOUND WALL LANDSCAPE IMPROVEMENTS, CONTRACT NO. 3155 - COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond six months after Council acceptance. DISCUSSION: On August 23, 1999, the City Council authorized the award of Balboa Peninsula Gateway Park, Lido Gateway Park, and Sound Wall Landscape Improvements contract to Golden Bear Arborists, Inc., of Monrovia, California. The contract provided for the construction of two landscaped sites known as Balboa Peninsula Gateway Park and Lido Gateway Park near the intersection of Newport Boulevard and Via Lido. The contract has now been completed to the satisfaction of the Public Works Department with the exception of the City Logo and signage on the wall. The contractor was unable to provide the required lettering for the walls and requested relief from the City for this item. Staff concurred and deducted the full lump sum bid item of $3,360 for the logos and signs that were installed. A summary of the contract cost is as follows: Original bid amount: $310,494.05 Actual amount of bid items constructed: 312,301.51 Total amount of change orders: 12,458.29 Final contract cost: $324,759.80 The increase in the amount of actual bid items constructed over the original bid amount resulted from quantity increases exceeding the bid item quantities. The final overall construction cost including change orders was 4.6% over the original bid amount. C- QN�OR\r,�u �C nY Mot Gea,parEd With RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 • Recorded in Official Records.. County of Orange Gary Granville, Clerk- Recorder l!!! II:.' i ' If l!1Iiii11111ij11111111111fal'il !!l 1jn PFP 20000316035 02:23pm 06115100 114 21 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Golden Bear Arborists, Inc. of Monrovia, California, as Contractor, entered into a Contract on August 23, 1999. Said Contract set forth certain improvements, as follows: Balboa Peninsula Gateway Park, Lido Gateway Park, and Sound Wall Landscape Improvements Project, C -3155 Work on said Contract was completed on December 13, 1999, and was found to be acceptable on June 13, 2000, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fireman's Fund Insurance Company. City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed ont BY 2<L) City Clerk at Newport Beach, California. 0 Gwl P. RosENSdN 933 Via Lido Soudd` C Y i- NEWPORT BEACH, CA 92661 TEIEPIIONE (949) 7235768 JpN 31 P9 .Z8 FAX (949) 723,6460 pcF11 E CF ?u !cjiT ENClt CIT OF . -.:,N ,, b Mr. John Noyes Mayor City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 January 27, 2000 Re: City Parks at Newport Boulevard and Via Lido Dear Mr. Noyes; A short note, but a big thank you for your support on the development of our two wonderful parks on Newport Boulevard and Via Lido. It was a pleasure working with the Newport city staff, and especially Dave tiff, Sharon Wood, Don Webb, and Lloyd Dalton. We are fortunate to have this high caliber of people working for our city. Sincerely, Gail P. Rosenstein V 9.0 Date Copies Sent W May n manager Member Manaages 0 Attocney C3`__ 0 —�� ACO7MCLENNAN DATE 09/19 9 09ro9 /1999 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE J &H MA OF ILLINOIS, INC. OLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 500 WEET, SUITE 2300 CHICAG SFP 17!` COMPANIES AFFORDING COVERAGE COMPANY ZURICH INSURANCE COMPANY .A INSURED TRUGREEN /CHEMLAWN DBA GOLDEN BEAR ARBORISTS, INC. COMPANY B AMERICAN GUARANTY & LIABILITY INSURANCE P.O. BOX 17167 MEMPHIS, TN 38187 COMPANY C AMERICAN- ZURICH INSURANCE COMPANY COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED S Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIODnY) PoLICY EXPIRATION DATE (MMIDD/VY) LIMITS GENERAL LIABILITY GLO 8343888 -03 4/1/99 4/1/02 GENERAL AGGREGATE $ 50,000,000 PRODUCTS. COMP /OP AGO $ 1000000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR PERSONAL 8 ADV INJURY $ 11,000,000 EACH OCCURRENCE $ 1000000 OWNER'S B CONTRACTOR'S PROT FIRE DAMAGE (Anyone fire) $ 1.000,000 MED EXP (Anyone person) S 5,000 A AUTOMOBILE LIABILITY ANY AUTO BAP 8343900- 03(AOS) TAP 8343892 -03 (T)O 4/1/99 4/1/02 COMBINED SINGLE LIMIT $ 1000000 X ALL OWNED AUTOS BAP 8343897 -03 (VA) BODILY INJURY $ SCHEDULED AUTOS (Per person) BODILY INJURY (Per accident) § HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE § i GARAGE LIABILITY AUTO ONLY - EA ACCIDENT § OTHER THAN AUTO ONLY ANY AUTO EACH ACCDENT $ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE 8 UMBRELLA FORM AGGREGATE $ S OTHER THAN UMBRELLA FORM WORKER'SCOMPENSATIONAND WC 8343880 -03 (AOS) 411/99 4/1/00 WC X TOR+"MTS °ER EL EACH ACCIDENT $ 1 000 000 A EMPLOYERS' LIABILITY WC 8343878 -03 (IL) C B THE PROPRIETOR/ INCL PARTNEReIEJtE`�T OFFICERSARE: EXCL WC 8343870- 03(CA) WC 8343864 -03 OR, WI ( ) EL DISEASE. POLICY LIMIT $ 1,000,000 ELDISEASE.EA EMPLOYEE S 1,000,000 OTHER DESCRIPTION OF OPERATION AL ITEMS THE CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS BUT ONLY AS RESPECTS TO WORK PERFORMED BY THE NAMED INSURED. THIS INSURANCE SHALL BE PRIMARY AND WITHOUT RIGHT OF CONTRIBUTION FROM ANY INSURANCE CARRIED BY THE CITY OF NEWPORT BEACH. WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF NEWPORT BEACH. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF NEWPORT BEACH, PUBLIC` WORKS DEPT. 3300 NEWPORT BLVD. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL &W'V hv� MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, NEWPORT BEACH, CA 92658 AUTHORIZED SENT VE / _ ... -/icy POLICY NUMBER: '• GLO 3888 -03 . COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED.- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any entities as may be added by Certificates of Insurance (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) - , i WHO IS AN INSURED (Section 11) is amended to include asIan insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 ❑ CITY CLERK CITY OF NEWPORT BEACH aS_ & /a3 /9j NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 11th day of August 1999, at which time such bids shall be opened and read for BALBOA PENINSULA GATEWAY PARK, LIDO GATEWAY PARK, AND SOUND WALL LANDSCAPE IMPROVEMENTS Title of Project Contract No. 3155 $250,000 Engineer's Estimate Approved by William Phthpoff City Engineer Prospective bidders may purchase bid documents for $25.00 per set at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. Please refer questions concerning the plans and specifications to Lloyd Dalton, Project Manager at (949) 644 -3328. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA GATEWAY PARK, LIDO GATEWAY PARK, AND SOUND WALL LANDSCAPE IMPROVEMENTS CONTRACT NO. 3155 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................1 BIDDER'S BOND ............................................................................... ..............................3 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5 NON-COLLUSION AFFIDAVIT .......................................................... ..............................6 NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7 CONTRACT...................................................................................... ..............................8 LABOR AND MATERIALS BOND .................................................... .............................14 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL.................................................................................... ...........................PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA GATEWAY PARK, LIDO GATEWAY PARK, AND SOUND WALL LANDSCAPE IMPROVEMENTS CONTRACT NO. 3155 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. PAGE 2 The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 416776 C61/D4%C27,A Contractor's License No. & Classification Golden Bear Morists, Inc. Bidder 45�* / 2'.e —A2; Pn "is Aldridge, Vice President Authorized Signaturerritler Date PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA GATEWAY PARK, LIDO GATEWAY PARK, AND SOUND WALL LANDSCAPE IMPROVEMENTS CONTRACT NO. 3155 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. 2. 3. 4. 5. 6. 7. 8. 9. 10. Subcontract Work Subcontractor Address Golden Bear Arborists, Inc. A�1 1� -- Dennis Aldrid e, Bidder Authorized SignatureTtl Vice President PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA GATEWAY PARK, LIDO GATEWAY PARK, AND SOUND WALL LANDSCAPE IMPROVEMENTS CONTRACT NO. 3155 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Completed Name /Agency See Attached Person Telephone To Contact Number Goilaen Bear Arborists, Ific. CC��� Anis Aldridge, Bidder Authorized Signature/Title Vice President GOLDEN BEAR ARBORISTS, INC. LANDSCAPE CONSTRUCTION REFERENCES City of Los Angeles Board of Public Works 433 S. Spring St., Room 600 Los Angeles, CA 90014 Planting of Various Trees in the Parkways of Griffin Ave. — 2434 & Certain Other Streets John Hansen (818) 756 -8335 Inspector Contract Awarded: May 1998 Duration: 50 Working Days Contract Amount: $ 184,266 Under this project, Golden Bear Arborists will provide and plant various tree species. Also, construct and/or placement of tree wells, root control barriers, standard well covers, and modify well covers City of Newport Beach Marla Matlove (949) 644 -3311 Dept. of Public Works Project Manager 3300 Newport Blvd. Contract Awarded: June 1998 Newport Beach, CA 92658 -8915 Duration: 45 Working Days Peninsula Park Irrigation and Field Renovation Contract Amount: $ 142,849.21 Golden Bear Arborists was awarded the Peninsula Park Irrigation and Field Renovation. Works includes topsoil preparation and conditioning, fertilizing, mulching, seeding, and planting (trees & shrubs). Ground cover, vine planting, lawn planting, and weed abatement, and tree relocation. Irrigation system installation, sprinkler head installation and adjustments, and flushing, testing, and maintenance and plant establishment. City of Covina Parks & Recreation Department 125 E. College Street Covina, CA 91723 Jalapa Park Renovation Robert Staples (626) 858 -7270 Sr. Management Analyst Contract Awarded: July 1998 Duration: 25 Working Days Contract Amount: S 30,381.00 Golden Bear Arborists was awarded the contract for Jalapa Park Renovation which includes the following cope of work: Site concrete work, landscaping, irrigation, and concrete formwork, concrete reinforcement, cast -in place concrete and metal fabrications. City of Temple City William Hart (626) 285 -2171 9701 Las tunas Drive Public Service Director Temple City, CA 91780 -2219 Contract Awarded: July 1998 Landscape Improvements @ Live Oak Park Duration: 30 Working Days Contract Amount: $ 24,711.58 This project is for Landscape Improvements at Live Oak Park. Work includes soil testing, weed abatement, soil preparation, finish grading and place and set curbing in landscape areas. Preparation of all planting holes, furnishing and installing plant materials and clearing and grubbing planting areas and seed turf areas. Furnish and install all required fertilizers, planting backfill materials, top dressing and miscellaneous materials. Plus staking and tying trees and furnishing and installing root barriers. Provide plant and landscape maintenance periods. Also, earthwork and irrigation system. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA GATEWAY PARK, LIDO GATEWAY PARK, AND SOUND WALL LANDSCAPE IMPROVEMENTS CONTRACT NO. 3155 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ) PAGE Dennis Aldridge , being first duly sworn, deposes and says that he or she is Vice President of Golden Bear Arborists, Iric. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 1 declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Golden Bear Arborists, Inc. 1015r 4 �nis Aldridge, Vice President Bidder Authorized Signature/Titl Subscribed and sworn to before me this it day of August , 19 99 . Notary Public [SEAL] My Commission Expires: CALIFORNIA ALL - PURPOSE &NOWLEDGMENT State of California County Of Los Angeles • On August 11, 1999 before me, Therese Bova., Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Dennis Aldrfdqe NAMES) OF SIGNER(S) ® 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 ac- knowledged to me that he /she/they executed - s the same in his /her /their authorized M BO VA capacity(ies), and that by his /her /their THEME 41 i �^�°n' c bD� signature(s) on the instrument the person(s), -: ND10IY PUO'C Oou�N A�'/C des JI 1320D1 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS L-Ad" �bq - my hand and official sseeall., / 9�Tv((' SIGNATURE OF NOTARY OPTIONAL No. 5807 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Vira- PrPcidant TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENM(tES) DESCRIPTION OF ATTACHED DOCUMENT NODCollusion Affidavit TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Rammet Ave., P.O. Box 7184 - Canoga Park. CA 91309 -7184 0 0 PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA GATEWAY PARK, LIDO GATEWAY PARK, AND SOUND WALL LANDSCAPE IMPROVEMENTS CONTRACT NO. 3155 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • CERTIFICATE(S) OF INSURANCE • GENERAL LIABILITY INSURANCE ENDORSEMENT • AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 0 0 PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA GATEWAY PARK, LIDO GATEWAY PARK, AND SOUND WALL LANDSCAPE IMPROVEMENTS CONTRACT NO. 3155 CONTRACT THIS AGREEMENT, entered into this 23rd day of August, 1999, by and between the CITY OF NEWPORT BEACH, hereinafter "City,' and Golden Bear Arborists, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BALBOA PENINSULA GATEWAY PARK, LIDO GATEWAY PARK, AND SOUND WALL LANDSCAPE IMPROVEMENTS Project Description 3155 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3155, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. PAGE C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Three Hundred Ten Thousand Four Hundred Ninety Four Dollars and Five Cents ($310,494.05). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Lloyd Dalton (949) 644 -3328 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Golden Bear Arborists, Inc. 146 East Railroad Avenue Monrovia, CA 91016 626- 359 -6647 Attention: Dennis Aldridge, Vice President Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that PAGE 10 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 0 0 PAGE 11 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract PAGE 12 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 9 0 Page 13 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CLERK APP =FORM: •- CITY OF NEWPORT BEACH A Municipa orporation Dennis D. O'Neil, Mayor CONTRACTOR By: Authorized Signature and Tit Dennis Aldridge, Vice P'resfdent t\users\pbw\shared \contract \masters\formal contract master.doc 0 &24199 •Sep -09 -99 03:49PM From - GOLDEN BEAR ORIST 16263575260 T -041 P.02/03 F -256 {�nl x.:/�t,. , a_� _Ah a'i '.,.�. JI4- ..,�YL,_. 11,Y J.I:.'•.,Lt• L ,.. ADDUCER DATB(MM)ODIYY) w'� 09R19 /1999 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE J &H MARSH A MCLENNAN OF ILLINOIS, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 500 WEST MONROE STREET, SLATE 2300 CHICAGO, IL 608513830 ALTER THE C13VOUR AfEgRUSQ _. _COMPANIESAFFORDJ GOOVERAGE•,,,_ COMPANY A ZURICH INSURANCE COMPANY TRUOREEN! CHEMLAWN D13A GOLDEN BEAR ARBORISTS, INC. COMPANY AMERICAN GUARANTY & LIABILITY INSURANCE _..._ •.•.. __ P.O, BOX 17167 MEMPHIS, TN 38187 COMPANY AMERICAN•ZURICH INSURANCE: COMPANY C _ — _ COMPANY I I D �j ., ^'�.�., �d," F. L �',� :) 1 ^ , .y}.. Ju ',p6an@ .4 41. •,y. ,y �'. y , -I Aw,J✓x.X 1 L:In, "' ••, )�.YIfYi0G"J..IC.LLiw�•^•^• •,IL:L.:..S.mIIPr:,k�.,'" � �:��i+ � THIS B TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTW ITHSTANDNNG ANY REQUIREMENT, TCRM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WRH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAW, THIN INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITICNO OF LUCH FOUCIES, LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CI.NPAB. _..._ _... .. .... _... ...... . TR TYPE OFANiD.. URANCE POLICY NUMBER POLICY EFF4CTIVG PO41CY EAPIRATwN LIMITS OATS(MM1DOrYY( DATE(MMAVYY) A GENERAL X LIABILITY CONRAERCIALOENERALUANLITY GLO 8343888 -03 411/99 411102 GENERAL AGGREGATB GG .. .. PROOxTS- GOMProPAm S 90,000 ODD, _ _ ,., i 1.000,000 CLAIMS MADE l j] OCCUR PERSONAL L ADV INJURY T 1 000 DOD OWNER'S 6 COWAACTOR'S PROT EACH OCCURRENCE i 11 OOQ,ODO FIRE DAMAGE Wy Rka) i 1.000,000 MSOW(Any am Fai6a10 S 5,000 A IIUTOM081LFLIAe)LrTY X ANYAUTO BAP 834390043 (AOS) TAP 8343892- 03(TX) 411199 411/02 COMBINED SINGLE LIMIT 1,000,000 HOMY INJURY (Par parson) AU.OWNEDAUTOS SCHEDULED AUTOS BAP 8343899 -03 (VA) E HIRED AUTOS NON-OWNEDAUTOS (PBOWOILRY - .— PROPERTY ORMACE S 6ARAG6 I.Ad0.1TY AUTO ONLY• FA ACCDENT OTHER THAN AUTODNLY: ANY AUTO , - -� EACH ACCDENT T ._ AGGREGATi E%CESS LIABILITY EACH OCCURRENCE S q UMBRELLA FORM ROOREOATE OTHER THAN UMBRELLA FORM 9 WORKERS COMPENAATION AND WC 8343880 -03 (AOS) 411199 411 /00 X I?9r`�we s _- A EMPLOYERS' L"IUTY WC 8343878 -03 (IL) EL EAGn ACC DENT s 1.000 a00 C B TNEFOYUEmw INa CiFIC SAKE: T "E CifKEflSAAE EXCL WC 834387003(CA) WC8343864.03(OR WI) i ELrnsEASE•POUCriIn+T ELDISGASE.EAEMPLOYEE , a 1LppODDO i 1 DOO,D00 OTHER 1 'HE CITY OF NEWPORT BELCH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS BUT INLY AS RESPECTS TO WORK PERFORMED 8Y THE NAMED INSURED. THIS INSURANCE SHALL BE PRIMARY AND WITHOUT RIGHT OF :ONTRIBUTION FROM ANY INSURANCE CARRIED BY THE CITY OF NEWPORT BEACH. WAIVER DF SUBROGATION IN FAVOR OF THE CITY OF IEWPORT REACH. pp; 5,0 5HO4I.D ANY OF TPE ABOVE 005CRIBRB POLICIES AE CANCSLLBD BEFORE THE CITY OF NEWPORT BEACH, PUBLIC WORKS DEPT. 3300 NEWPORT BLVD. EXPIRATION DATE THEREOF. THE 15541100 COMPANY WILL *AXAIXM MAIL 30 DAYS YrRITTFN NOTICE TO THE CERTWICATS"CLORR NAMED TO THE LEFT, NEWPORT BEACH, CA 92858 wam gj�C AUTNO111,99P REPRE TATIVIL 'fo'S'& I r ',,i 1�i Ti '�,..a.._ {. d::.�:n •myFYRiyy .,: .vwwrw,,,,e,apy A++�+rrs� ,ecL�r. y; .. .. - 't....LLLllL7 ,Sep-,09-99 03:51pm From - GOLDEN BEAR BORIST 16263575260 T -041 P.03/03 F-256 POLICY NUMBER: ? QWWA 34188-0.1 •COMMERCIAL GENERAL L1ABiLIT$ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONACONTRACTORS FORM B) E8SEES OR This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any entities as may be added by Cartificacen of Insurance . (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section Iq is amended to Include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. t CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 .0 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA PENINSULA GATEWAY PARK, LIDO GATEWAY PARK, AND SOUND WALL LANDSCAPE IMPROVEMENTS CONTRACT NO. 3155 To The Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: Page PR -1 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3155 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization A- t- bollars o �I�a.kct��nd Cents $ bD Per Lump Sum 2. 625 S.F. 6" PCC Alley Pavement Dollars and Cents $ 11 .50 quare Foot 3. 200 S.F. 4" PCC Walkway @ YI: Dollars and Cents $ `� Z'n $ Per Squai a Foot 4. 128 L.F. 5. 169 L.F 6. 53 1=11m. 158 L.F. 7. 21 368 L.F. 8. Lump Sum 9. Lump Sum 6" PCC Curb @ ss,.h true Dollars and Cents Per Linear Foot 10' -10" or 12' -10" Wall w/ Cap c.46W Dollars -� and .Q Cents Per Lin ar oot 3'-4" Wall w/ Cap @ a... Dollars rcc and Cents r Ujn6ar Foot 22" Wall w/ Donor Block Cap @ea.¢ 4& d. Dollars 41,4-c and ' Cents Per i e rFoot Signage & City Logo @jb(IY.Wi{.+ olollars l IwG .a' -P'4 nts Per Lump Su 3" Atrium Drain System, Complete .wdu yx and 17A-, Cents Per Lump Sum Page PR -2 (Rev.) $ -vs - - 1 $ Z, 944. $� /�a $ so $ It) .- 6" $ 1 3 S3 f:Uzw5Ww%sn8reditnmad * WOOQa ar parks, balboa a Rao c- 31&00roposaf "155.00c. $ $ �d � ��• • . � � �' :y i. c. S'.Y:.. �. . ". ":. � `w7 , 1k �.rS:a. ,��' '.:F.d�_at'�tw,. � ., ,u iz- ,..�r.�:u > .. =Y • • Page PR -3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 537 C.Y. Soil Export @,,fi,tc Dollars and nA 0 Cents $ Per Cubic Yana 11. 657 C.Y. Topsoil Import & Rough Grading @ , r Dollars and Cents $ S ' $ 22! Per Cubic Yard 12. 9,600 S.F 13. 2 Each 14. 5 Each 15. 36 Each Soil Preparation & Fine Grading @ '2�ti Dollars and Ce -w Cents $ rs $ er Square Foot 12" BTF Palm @ 3a ollars ,,-v Cents $ r✓ BUD - $ /y yoo Per Each 36" Box Multi -trunk Tree @ Q, A Lawollars and Cents Per Each 24" Box Tree @-4.16 l ui,.44Dollars �Ve and Cents $ $ C " Per Each t: \users\pbw\ shared \contracts \y 99-00\gateway Packs, balboa 8 lido o-31551proposal c- 3155.doc G r • • Page PR-4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 19 Each Trees —15 Gallon @12y4 liuudx ollars and r <. Cents Per Each 17. 519 Each Shrubs & Vines — 5 Gallon @ h A /"te Dollars and u0 Cents $ 13— $ 7 Per Each 18. 319 Each Shrubs —1 Gallon @ Dollars and Cents $ $ 7 S� 5-b 44/4 er E ch 19. 8,885 S.F. Ground Cover Flats @ Za Dollars and Cents $ -7 ' / &. Sv Per Sq�Foot 20. 91 C.Y. Mulch 3" (Forest Floor) @ Gr ,v Dollars and A)d Cents $ '30.- Per Cubic Yard 21. Lump Sum Maintenance (3 months) @ ,e - fGAUr-�$Ilars and iIA/ Cents $_ Per Lump Sum fAusers\pbw\shared \contracts\fy 99- 00\gateway parks. balboa & lido 03155\proposal 03155.doc � s • . Page PR -5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 9,600 S.F. Irrigation Systems @ Dollars and Ar .w ro e Cents $ /. 2 $ 16)'7V3 - Per Square Foot 23. 2 Each Flow Sensor @ e.,n4j�iw h ollars itio i Cents $ 1919S_ $ / 7 -7 y - Per Each 24. 2 Each Controller fiu�_4 e.,rpollars 4iuQr4P and V" Cents $ 3 ya $ & ' $G'6 Per Each 25. 2 Each Backflow Preventer @ Dollars �'S {4 and 5 b _, `Cents $ Per Each 26. 2 Each Pressure Regulator @ 41AI" ollars and Cents $ 2'L l $ Lf y 1 Per Each 27. 2 Each Master Valve @ 1• c l< f ollars and 1A__0 Cents $ �✓yy- $ �DIX� Per Each f :\users\pbw\Shared\contracts \fy 99- 00\gateway parks. balboa & lido c- 3155\proposal o-3155.doc . , ,. • • Page PR -6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. 2 Each Ball Valve @ 4/14 Dollars and u.v Cents $ qU__ $ Per Each 29. 13 Each Control Valve @5LDollarS Sov a-2 and -1" Cents 30. 5 Each 31. 1 Each Per Each Quick Coupler // @�tuk &gX 4h Dollars and Cents Per Each 2" Water Service @ 5-- Sollars and Cents Per Each 1¢. $ Ito- 32. 1 Each Electrical Service & Lighting (Balboa) $ems — Dollars sw,a,,-".4 '��- 'AAA-and nd G1 'J 410" "r4a Cents $ p 7 % a 7 PeFEach fAuserstpbwlsharedtcontractslfy 99- 00\gateway parks, balboa & lido c- 3155\proposal 03155.doc $ y� - ' Page PR -7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 33. 1 Each Electrical Service & Lighting (Lido) ( &- 1 , n11�9s and Cents Per ach TOTAL PRICE IN WRITTEN WORDS -7! / _ n / At n 8/11/99 Date 626/359 -6647 Bidder's Telephone Number 416776 C61/D49,C27,A Biddel'eLicense No(s). and Glassification(s) and Cen $ ZZv r 7b 9, 3 6 Total Price (Figures) Golden Bear Arborists, Inc. Bidder '9,/�e nis Aldridge, Bidder's horized Sign ure and Titidlice Presiden 146 E. Railroad Ave., Monrovia, Ca. 91016 Bidder's Address f:\USerS\pbw\Shared\0ontraCtSVy 99- 00\gateway Parks, Balboa & lido c- 3155Woposal c- 3155.doc t .' Page 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 Balboa Peninsula Gateway Park, Lido Gateway Park, and Sound Wall Landscape Improvements CONTRACT N 955 DATE: August 6, 1999 BY: Public Works Director TO: ALLPLANHOLDERS 1. NOTICE INVITING BIDS Change Engineer's Estimate to $275,000. 2. PROPOSAL Insert and submit bids using attached Page PR -2 (Rev.) 3. SPECIAL PROVISIONS Revise INTRODUCTION as follows: (4) the Standard Specifications for Public Works Construction (1997 Edition, including supplements); 4. STANDARD SPECIFICATIONS Replace Section 3 -3.2.3 as follows: Page 2 of 2 3 -3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractors actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." 5. PLANS Sheet 1-3: Note concerning HYDRAULIC - POINT OF CONNECTION should refer to a proposed 2" (not 1 ") water meter that will be furnished and set by City. Sheet 1-4: Reduced Pressure Backflow Preventer listed in IRRIGATION LEGEND is not existing, but will be furnished and installed by Contractor as specified in IRRIGATION LEGEND shown on Sheet L3. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached in full. I have carefully examined this Addendum and have included full payment in my Proposal. Golden Bear Arborists, Inc. Bidder's Name (Please Print) 8/11/99 Date ennis Aldridge, Vice President Authorized Signature & T le f:\users�pbvAsharedicontracts\fy 99- 00\gateway parks, balboa & lido 03155\addendum.doc BY THe CIT.' CG!_; CITY OF NPAYCRT E_'. ',CH E 2 3 i August 23, 1999 CITY COUNCIL AGENDA APPROVED ITEM NO. 8 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BALBOA PENINSULA GATEWAY PARK, LIDO GATEWAY PARK, AND SOUND WALL LANDSCAPE IMPROVEMENTS — AWARD OF CONTRACT NO. 3155 RECOMMENDATIONS: 1. Approve the Plans and Specifications. 2. Reject the bids of Green Giant Landscape, Inc., and JDC, Inc., as being non- responsive. 3. Award Contract No. 3155 to Golden Bear Arborists, Inc., for the Total Bid Amount of $310,494.05, and authorize the Mayor and the City Clerk to execute the contract. 4. Approve a budget amendment to appropriate a new revenue contribution of $78,886.00 to Account No. 7251- C5100372. 5. Establish an amount of $20,000 to cover the cost of testing and unforeseen work. DISCUSSION: At 11:00 A.M on August 11, 1999, the City Clerk opened and read the following bids for this project: TOTAL BID CORRECTED TOTAL BIDDER AMOUNT BID AMOUNT Low Green Giant Landscape, Inc. $289,034.25 Non - responsive 2 Golden Bear Arborists, Inc. $310,709.30 $310,494.05 3 R. Fox Construction, Inc. $326,499.40 $327,536.35 4 JDC, Inc. $352,775.00 Non - responsive 5 4 -Con Engineering, Inc. $409,988.50 $386,588.50 The apparent low bidder, Green Giant Landscape, Inc., and another bidder, JDC Inc., did not insert Page PR -2 (Rev.) into their proposals as required by an addendum (copy attached) nor did they submit bids based upon the revised bid quantities that were included in the addendum. As a consequence, their bids are incorrectly computed and totaled, and are recommended to be rejected as being non - responsive. The City Attorney concurs in this matter. The other three bidders did insert Page PR -2 (Rev.) into their proposals. The correctly - submitted low total bidder, Golden Bear Arborists, Inc., is 13% above the revised SUBJECT: Balboa Peninsula Gfway Park, Lido Gateway Park, and Sound Andscape Improvements — Award of Contract No. 3124 August 23, 1999 Page: 2 Engineer's Estimate of $275,000. Golden Bear Arborists, Inc. possesses a General Engineering Contractor "A" License as, required by the project specifications, and has recently satisfactorily performed contract work for the City. The Gateway Park improvements provide for "passive" use of the two sites. They are intended to be landscaped "gateways" onto the Peninsula and Lido Isle. The conceptual plans were approved by the City Council on September 22, 1997. The improvements will be built on two parcels of vacant land adjacent to the intersection of Newport Boulevard and Short Street/Via Lido. In addition to the park improvements, the sound wall along Newport Boulevard between Short Street and the bridge will be landscaped. The conceptual plans are attached. The improvements include removing unsuitable soil and replacing it with imported topsoil; constructing stuccoed concrete block "donor" walls and retaining walls; installing subdrains, irrigation, and lighting systems; planting trees, shrubs, and ground cover; installing signage and decorative City seals; providing a 90 -day plant maintenance and establishment period; and guaranteeing plant materials, depending on size, for 90 days or one year after completing the maintenance and plant establishment period. The Lido Gateway Park improvements were previously bid on June 9, 1998 and on July 15, 1998. The City Council rejected the bids on both occasions because 1) only two bids were received each time, 2) the low bids were above the Engineer's Estimate, and 3) insufficient funds were available to award the contract and have enough remaining to landscape the Balboa Peninsula Gateway site. The City Council also directed Staff to consider ways to reduce the park improvement costs, to rebid the park improvements in a combined contract, and to meet with donor groups to examine ways to raise additional revenues. The plans have been modified to eliminate some walls; reduce site grading, signage, and sizes of some plant materials; and eliminate decorative fiber optic lighting. The bids received reflect these changes and are reasonable based on the prepared estimates. Balboa Peninsula Gateway Park will be constructed on a 1/3 -acre former service station site that has been owned by the City since May of 1997. An Orange County Sanitation District (OCSD) sewage pump station project is nearing completion on the site. The final items of OCSD's work will not interfere with the park construction. OCSD is contributing $78,886 to the City for the easement to construct and maintain the new pump station and related sewer mains on the site. Lido Gateway Park will be constructed on a 1/6 -acre former service station site that is currently owned by the State. On November 27, 1995, the City executed a Purchase and Sale Agreement and deposited $1450 with the State as a 10% down payment towards its purchase. A Right of Entry from the State will allow the City to construct park improvements on the parcel, until the Director's Deed transfers ownership of the land to the City. 0 SUBJECT: Balboa Peninsula GaMay Park, Lido Gateway Park, and Sound WalllOdscape Improvements — Award of Contract No. 3124 August23,1999 Page: 3 Funding for the parks will come from the currently budgeted Park -In Lieu account and from the OCSD funds that need to be appropriated to the Contributions account. The funding breaks down as follows: Park -in -lieu Account No. 7021- C5100372 $ 251,608.05 OCSD Contribution Account No. 7251- C5100372 $ 78.886.00 Total $ 330,494.05 A budget amendment is needed to appropriate new revenue of $78,886.00 to a new contributions Account No. 7251- C5100372. The "Gateway to Newport's Balboa Peninsula Citizens Committee" raised over $205,000 from approximately 170 individuals to fund the purchase of the park property and the construction of the parks. In recognition of their donations, engraved "donor blocks" will be placed atop short walls that will be built along the perimeters of the sites. The City will purchase, engrave, furnish, and map the locations of donor blocks atop the walls for the contractor's use. During the planning process a number of groups were involved, (including the Park and Open Space Committee; the Park, Beaches, & Recreation Commission; the Harbors, Beaches and Parks Committee and the Balboa Peninsula Beautification Committee), in . developing the landscape plans for the sites. Materials, lettering, coloring, and motif have been coordinated with the beautification that is proposed to be installed elsewhere on the Peninsula. The Coastal Commission granted approval for the park construction as a component of the Coastal Development Permit for OCSD's pump station. A .mitigated negative declaration has been certified under the provisions of the California Environmental Quality Act for these past improvements. Work is to be completed within 45 consecutive working days or by November 19, 1999, whichever occurs first. Liquidated damages are $250 per calendar day. 4Re ectfully submitted, PUBLIC WORKS DEPARTMENT Richard M. Edmonston, Acting Director 441"E� Lloyr VDalton, Project Engineer n Attachment: EXHIBIT - Conceptual Plans- Addendum No. 1 Bid Summary f:\users\pbvAsharedtcounciN %00\august- 231gateway packs o-S1 55.doc FA . Page 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT . ADDENDUM NO. 1 Balboa Peninsula Gateway Park, Lido Gateway Park, and Sound Wall Landscape Improvements CONTRACT N 155 DATE: August 6, 1999 BY: Public Works Director TO: ALL PLANHOLDERS 1. NOTICE INVITING BIDS Change Engineer's Estimate to $275,000. 2. PROPOSAL Insert and submit bids using attached Page PR -2 (Rev.) 3. SPECIAL PROVISIONS Revise INTRODUCTION as follows: (4) the Standard Specifications for Public Works Construction (1997 Edition, including supplements); 4. STANDARD SPECIFICATIONS Replace Section 3 -3.2.3 as follows: 11 • • Page 2 of 2 3 -3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." 5. PLANS Sheet 1-3: Note concerning HYDRAULIC - POINT OF CONNECTION should refer to a proposed 2" (not 1 ") water meter that will be furnished and set by City. Sheet 1-4: Reduced Pressure Backflow Preventer listed in IRRIGATION LEGEND is not existing, but will be furnished and installed by Contractor as specified in IRRIGATION LEGEND shown on Sheet 1-3. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached in full. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) Date Authorized Signature & Title f: \users\pbvAshared \contracts \fy 99 -00\gateway parks, balboa & lido o-3155\addendum.doc (:tuserstpbvAsharedtconbactstfy 99- 00\gateway parks, balboa & lido o-3155\proposal 03155.0oc • • • Page PR -2 (Rev.) ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 128 L.F. 6" PCC Curb @ Dollars and Cents $ $ Per Linear Foot 5. 169 L.F. 10' -10" or 12' -10" Wall w/ Cap @ Dollars and Cents $ $ Per Linear Foot 6. 53 L.F. 3'-4" Wall w/ Cap 158 L.F. @ Dollars and Cents $ $ Per Linear Foot 7. 210 L.F. 22" Wall w/ Donor Block Cap 368 L.F. @ Dollars and Cents $ $ Per Linear Foot 8. Lump Sum Signage & City Logo @ Dollars and Cents $ Per Lump Sum 9. Lump Sum 3" Atrium Drain System, Complete @ Dollars and Cents $ Per Lump Sum (:tuserstpbvAsharedtconbactstfy 99- 00\gateway parks, balboa & lido o-3155\proposal 03155.0oc • � . � � 0 � $ �« I �. • � {• m \ $ i• )� « )� } \ � # ƒ� #® § / §/ .» C- a) % \j)\ B -�%): @ $/; /[ k� � / ! | |. � \ |" \\ �/ < tQ \ « ! } ®' & q m )� } \ � # ƒ� #® § / §/ .» C- a) % \j)\ B -�%): @ $/; /[ k� � / ! | |. � \ |" � . _z-�V t ; � 4 / Q � � \ r } f \{§ � ) §!\ ± k # ! •� \k� \! / k \ Q � � \ \ � £ � / j 0 ; z � 00 WI Q a Z U W UJ W � ma �a a 0 Y yy 1. 0 O U U Co IL Z 0 m W Q 0 W u W 2 U W J m AdftL C 0 0 a s x N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 S o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O~ 0 O 0 V1 0 O 0 1D 0 0 0 0 0 0 m 10 O O 0 O 0 O 0 N 0 V1 0 � In N 0 11J 0 O 0 O 0 G 0 G 0 O 0 O 0 O 0 O 0 C 0 O 0 G 0 O 0 O N c Z O O h m 0 10 m O N O m O m m O 0 O Ilf N �+ 10 m O m O O O O m O h M h m m y P 10 M O h N I� O O O N O b N h Vl O Vl N Vf N O Ill O P O b O In m m O O -. 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S Q 6 u E O C 0 ih V m 6 f m V N W ^I N M P N 10 h m m O N N M V 10 ti m� N ,Vfy N N N N N N N N N M M M M C 0 0 a s x N (Wy of Newport BeaC* NO. BA- 005 BUDGET AMENDMENT l 1999 -00 AMOUNT: S7a,sas.00 . . ECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates 8 Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations X No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues from undesignated fund balance PYPI ANATION: This budget amendment is requested to provide for the following: To increase revenue estimates by a contribution from Orange County Sanitation District and appropriate the funds to improve Balboa Peninsula Gateway Park Lido Gateway Park and Sound Wall Landscaping. There are no prior budget amendments. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Account 250 4858 EXPENDITURE APPROPRIATIONS (3603) Description Refunds & Rebates - From Government Amount Debit Credit $78,886.00 Description Division Number 7251 Contribution Account Number C2100372 Balboa Peninsula Gateway Park $78,886.00 Division Number Account Number Division Number Account Number /� • Automatic System Entry. Signed: Fin�a(ciial Approval: Finance Director Date Signed: JY h*� ✓� • / !7 V Administrative A roval: City Manager to Signed: City Council Approval: City Clerk Date C& of Newport Bead* NO. BA- 005 BUDGET AMENDMENT 1999 -00 .. FECT ON BUDGETARY FUND BALANCE: �X Increase Revenue Estimates X Increase Budget Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from undesignated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: S�s,ess.00 P XIncrease in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance Aug 23 To increase revenue estimates by a contribution from Orange County Sanitation District and appropriate the funds to improve Balboa Peninsula Gateway Park, Lido Gateway Park and Sound Wall Landscaping. There are no prior budget amendments. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description 010 3605 Fund Balance Control ' REVENUE APPROPRIATIONS (3601) Fund /Division Account Description 250 4858 Refunds & Rebates - From Government $78,886.00 EXPENDITURE APPROPRIATIONS (3603) Signed: Approval: Finance Director Signed: Administrative A rr�--^ --ooval::City Manager Signed: 4 mow Q y4�� be" City Council Approval: City Clerk —/6 —Fi' Date Date Description Division Number 7251 Contribution Account Number C2100372 Balboa Peninsula Gateway Park $78,886.00 Division Number Account Number Division Number Account Number ' Automatic System Entry. Signed: Approval: Finance Director Signed: Administrative A rr�--^ --ooval::City Manager Signed: 4 mow Q y4�� be" City Council Approval: City Clerk —/6 —Fi' Date Date 3i55 (3�) • Newport Beach City Council AGENDA ITEM 9 August 10, 1998 Council Meeting TO: MAYOR AND CITY COUNCIL BY THE CITY COUNCIL FROM: KEVIN J. MURPHY, CITY MANAGER CITY OF NEWPORT BEACH BY: DON WEBB, DIRECTOR OF PUBLIC WORKS DAVE KIFF, ASSISTANT TO THE CITY MANAGER SUBJECT: LIDO GATEWAY PARK — CONTRACT #3155 F.�,3vgVl ISSUE: A request that the City Council formally reject the bids submitted to construct and landscape Lido Gateway Park and to direct staff to re -bid a different project that includes a modified scope of work and a larger project containing both the Lido Gateway and Balboa Peninsula Gateway park parcels. BACKGROUND: • The City has proposed constructing and landscaping two parcels near the entrance to the Balboa Peninsula as passive parks. These "Gateway Parks" consist of the Lido Gateway Park (the east parcel) and the Balboa Peninsula Gateway Park (the west parcel). A chronology of events since the project's inception is included as Attachment A. 0 The Public Works Department bid out the construction and landscaping for the first parcel (the east parcel) this Spring. When the initial bids came in significantly higher than projected in the Engineer's Estimate, the City Council directed staff to adjust and re -bid the project. On July 15, 1998, the City Clerk opened the SECOND bids for Lido Gateway (east) parcel. The following bids were read: BIDDER BASE BID AMOUNT W /ADDITIONAL ITEM LOW Katibeh Construction Company $118,195.00 $134,195.00 2 Metro Builders & Engineers Group $167,167.00 $217,161.00 Public Works Staff again notes that the low base bid is 12.5% above the revised Engineer's Estimate of $105,000. The low base bidder, Katibeh, is a well - qualified General Engineering Contractor who has not performed previous contract work with the City; however, Staffs check with their references and the Contractor's State License Board indicates that Katibeh has successfully completed similar contracts for other Southern California agencies and has no pending actions detrimental to their contractors license, respectively. Newport Beach City Council 0 Agenda Item 9 Pape 2 DISCUSSION and UPDATE: 0 During the week of August 3, 1998, City staff met with park supporters Gail Rosenstein and Helen Japenga to discuss various alternatives in light of the small number (2) of bids received in the second bidding process. The group discussed: • Scaling down the parks' design, especially the lighting and the wall height and length; • Revisiting the type of landscaping proposed for the parks; • Seeking a wider distribution of bid respondents; • Determining whether park supporters would be willing to make additional donations; and • Bidding both parcels together as one project (an action that will delay any park construction until after CSDOC is done with the pump station construction). Park supporters expressed a preference that the designs for the parks should not be diminished. Staff noted that at least two factors may have contributed to the small number of responses to the bid request — (1) the current business activity levels in the region means that fewer bidders are seeking additional work; and (2) the small size of the proposed project Oust the east parcel) may have led some bidders to avoid the project. The group as a whole agreed to recommend that the Council reject the latest bids, re- advertise both projects together, and to seek a wider distribution of respondents. In the meantime, City staff and park supporters would attempt to generate additional donations for the project. Please see Attachment B for a summary of funding actions since the project's inception. RECOMMENDED ACTION: (1) Reject all bids for Contract No. 3155; (2) Revise the Scope of Work to combine the east and west park parcels along Newport Boulevard as one project and to consider any additional cost - saving design modifications; and (3) Continue meeting with donor groups to examine ways to raise additional revenue, if needed. 0 • • Agenda Item 9 Pape-3 Attachment A Balboa Peninsula Gateway Park Chronology of Events • March 1996 -- City proposes purchasing 3531 Newport Boulevard (the "west parcel ") for the Balboa Peninsula "Entryway' Park. Newport Beach resident Jim Thompson proposes raising money from other local residents to purchase the property and then to donate the property to the City for park purposes. • April 1996 — Thompson proposes raising $400,000 — with $300,000 to go towards the parcel's purchase and $100,000 for landscaping. Thompson asks that City cover any landscaping costs above $100,000. City expected to maintain park at about $1,200 per year. • June 1996 — City Council approves "in concept" the donation of the west parcel after purchase by Mr. Thomson. • September 1996 — Thompson adds east parcel (3600 Newport Boulevard) to fundraising effort. Caltrans' asking price is $14,000. Thompson notes that he has raised $50,000 by this date. Council item notes that Thompson and City discuss City paying for Y2 of purchase price of both parcels ($314,000!2 = $157,000). Agenda item notes that "City would then budget funds in FY 1997 -98 to landscape (both) parcels as passive parks." Council approves expenditure of $157,000 from Park -in -Lieu fees to "be used as matching funds" to purchase the west (Balboa side) and east (Lido side) parcels. • November 1996 — Thompson notes that he has pledges for $160,000 to cover private donations towards purchase price. Council authorizes staff to work with west parcel owner (Chevron) to purchase property for $300,000. • January 1997 — Council authorizes staff to complete purchase of west parcel. • May 2, 1997 — City completes wire transfer of $302,298.55 to buy west parcel. Funds include $205,735.70 from Park Donation Fund and $96,562.85 from City CIP funds. • June 1997 — City Council approves $40,000 in budget to "augment the Orange Consolidated Sanitation District of Orange County ( CSDOC) contribution of $60,000 to landscape the Balboa Peninsula Gateway Park (west parcel)" • April 1998 — As Arches Interchange project continues, CSDOC begins construction on pump station on west parcel — completion of both Arches Interchange and CSDOC pump station estimated by Spring 1999. • June 1998 — By close of budget year, City spent $24,545 of $40,000 budgeted in FY 97 -98 for Parks. Majority ($22,800) to Lyn Capouya, Inc. for park design work. • June 1998 -- City Council approves $175,000 in FY 1998 -99 budget (including what is now $75,000 from CSDOC) to "provide for the construction of retaining walls and landscape improvements on the 1110 acre park site located along Newport Boulevard at Short Street." • June 22, 1998 — City Council rejects FIRST bids for Lido Gateway (east) parcel — oniy two bids received. Lowest bid is 42% higher than Engineer's Estimate. At Council direction, City Public Works staff "reviews scope of work, finds areas to reduce the cost of the project, and rebids project." The re -bid reduces tree sizes, changes the materials for the City's seal, and asks respondents to bid on the park construction and landscaping in the "base bid" and the fiber optic lighting as an "additional bid item." • July 15, 1998 — City Clerk opens SECOND bids for Lido Gateway (east) parcel. Agenda Item 9 Paae 4 Attachment B Funding Summary • PURCHASE COSTS. The City Council committed to $157,000 to assist in the purchase of the two parcels. To date, the City has paid $96,562.85 toward the purchase of the west parcel, now under title to the City. The east parcel, valued at about $14,000, remains under Caltrans' ownership. Private donations towards the purchase of both parcels have exceeded $214,000.00, with $9,771 in the park donation fund today. . LANDSCAPING COSTS. The City budgeted $40,000 in the FY 1997 -98 CIP and $175,000 in the FY 1998 -99 CIP for park construction and landscaping costs. The City spent $24,545.68 in FY 1997 -98, primarily for architectural services associated with both parks' design. • RECONCILIATION. Given the Council's earlier direction, the City is obligated fund another $60,500 towards park purchase costs in addition to the $175,000 detailed in the FY 1998 -99 CIP. The Engineer's Estimate for the east parcel (Lido side) was $105,000. Assuming that the west parcel's estimate may be 1.5 times the cost of the east parcel, the west parcel's construction and landscaping cost may be $157,500. For both parcels, then, the estimated construction and landscaping cost may be about $262,500. Adding the engraved donor blocks ($2,000.00) and a 10% contingency equates to a $290,750.00 project. Unless modified per the recommended actions, the Gateway Parks project may be about $45,541 short of the funds necessary for completion. # # # 1 • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Wakeham -Baker Inc. 3152 E. LaPalma Ave., Suite 1 Anaheim, CA 92806 Gentlemen: (714) 644 -3005 August 6,1998 Thank you for your courtesy in submitting a bid for the Lido Gateway Park (Contract No. 3155) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach i 6 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Katibeh Construction Co. 32 Thicket Irvine, CA 92614 Gentlemen: (714) 644 -3005 August 6,1998 Thank you for your courtesy in submitting a bid for the Lido Gateway Park (Contract No. 3155) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, r y/1 / v r_t_ w LaVonne M. Harkless, CMC/ AAE City Clerk 3300 Newport Boulevard, Newport Beach THE NEWPORT BEACH r COSTA MESA 0:8=011V�� Dear Advertiser: 0 C_2)�ss Client Reference # Daily Pilot Reference # 1 0� Enclosed please find clipping of r ad from the first publication, beg y uinning q�j If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ Thanks for your cooperation and patronage. 330 West Bay Street, Costa Mesa, CA 92627 (714) 642 -4321 FAX (714) 646 -5008 Bouwmd,. P.O. Box 1768, Newport Beach, CA 92658- 8915 until 11:00 a.m. on the 15th dayy of July, 1998. at which time such bids shall be opened and read for: LIDO GATEWAY PARK Contract No. 3155 Engineer's Estimate: $130,000 Appioved by Bill Patapolf, City Engi. neer Prospective bidders may obtain one set of bid docu- ments at no cost at the of- fice of the Public Works Department, 3300. Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658. 8915. For further Information, call Lloyd Datum, Project Manager, at (949) 644- 3326. Published Newport Beath -Costa Mess Daily PAW June 29, 90, 19K P7299 Sincerely, y 0 tting Manager Legal Advertising Department 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Katibeh Construction Company 1720 East Garry Avenue, Suite 231 Santa Ana, California 92705 Gentlemen: (714) 6443005 July 6, 1998 Thank you for your courtesy in submitting a bid for Lido Gateway Park (Contract No. 3155) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, CAA U:l,Liu </J ?. X"-", LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Metro Builders & Engineers Group Ltd. 2610 Avon Street, Unit A Newport Beach, California 92663 Gentlemen: (714) 6443005 July 6, 1998 Thank you for your courtesy in submitting a bid for Lido Gateway Park (Contract No. 3155) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, ov2lliriL,�. LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach C� • L� C -3155 June 22, 1998 CITY COUNCIL AGENDA ITEM NO. 20 IA �BY HE CITY 67U' 'EE TO: Mayor and Members of the City Council JUN 2 2 FROM: Public Works Department SUBJECT: LIDO GATEWAY PARK— CONTRACT NO. 3155�ro` RECOMMENDATION: Reject all bids and direct staff to review the scope of the project, find areas to reduce the cost, and re- advertise for bids. DISCUSSION: At 11:00 am on June 10, 1998, the City Clerk opened and read the following bids for this project: Bidder Total Bid Amount Low Katibeh Construction Co. $141,788.80 2 Metro Builders & Engineers Group Ltd. 145,188.40 The low bid is 42% above the Engineer's Estimate of $100,000. i Considering the disparity between the Engineer's Estimate and the low bid, plus the receipt of only two bid proposals, staff recommends that the City Council reject bids and direct staff to review the scope of the project, find areas to reduce the cost and re- advertise the project. This action will give staff the opportunity to revise the plans and specifications in an effort to reduce costs and re- advertise with a longer period of time for submission of bids. This contract provides for constructing park beautification improvements upon a parcel that was a former service station site. This parcel is presently owned by the State of California; however, on 11/27/95 the City executed a Purchase and Sale Agreement (copy attached) for the site. Staff anticipates receiving a Right of Entry from the State prior to construction so that the landscaping work may proceed without delay. The site plan provides for "passive" use in the park; that is, it is intended to be a beautification "entry gateway" into the Lido area, as approved in concept by the City SUBJECT: LIDO GATEVVPPARK— CONTRACT NO. 3155 • June 22, 1998 Page 2 Council on September 22, 1997(see attached Agenda Item). Improvements to the site will include removing unsuitable soil and replacing it with imported topsoil; constructing stuccoed concrete block "donor walls ", retaining walls and curvilinear stucco block walls ranging from 4 to 12 feet tall; installing subdrain, sprinkler and lighting systems; planting trees, shrubs and groundcover; providing a 90-day plant maintenance and establishment period; and guaranteeing plant materials for 90 days after completion of the maintenance period and final acceptance. Staff has worked with the Park and Open Space Committee, the PB &R Commission, the Harbors, Beaches and Parks Committee, the Balboa Peninsula Beautification Committee, the "Gateway to Newport's Balboa Peninsula Citizens Committee ", and the Park and Tree Superintendent to develop the landscape plan for this site. Materials, lettering, colors and motif have been coordinated with beautification /signage that is proposed to be installed down the Peninsula. The donor block wall is a 22" high coping that will be built along the Newport Boulevard perimeter of the site. The top of the wall is sloped at 200 and capped with "donor blocks'; that is, 4" x 8" clay tiles that have been engraved to recognize those who have donated to the park site improvements. Approximately %z of the donors will be recognized with donor blocks placed at this site. The remaining donors will be recognized with donor blocks that will be placed next spring at the Peninsula Gateway Park site catty- corner from Lido Gateway Park. The City is responsible for ordering and furnishing engraved donor blocks to the contractor to install atop the wall. The contractor will furnish and install the remaining non -engraved blocks. Plans, specifications and estimate (PS &E) for the landscaping and lighting portions of the contract were prepared by Lynn Capouya, Landscape Architects. PS &E for the walls included in the contract were prepared by Jerry Tucker & Associates, Inc., Consulting Structural Engineers. Konsortum 1 provided PS &E for the landscape lighting and the fiber optic lighting that will be included in the caps of the larger walls. The larger walls will also include a bronze City seal and park site identification signage by Joseph Ross. All walls will be covered with anti - graffiti coating. The contract provides that all work shall be completed within 35 consecutive working days (approximately 7 weeks). The work consists of minor alterations to an existing public facility, the project is categorically exempt from the provisions of the California Environmental Quality Act. Staff has received a Coastal Development Permit (CDP) to improve the site. The site was included in the Staffs CDP application to. construct similar improvements and an Orange County Sanitation Districts pump station within the former service station site catty-comer from the Lido Gateway Park site. r1 �J E 0 E .The preliminary FY 1998 -99 budget contains a $175,000 item for constructing "Balboa Peninsula Gateway Park ". The two park sites will be similarly - landscaped to create an attractive entrance onto Balboa Peninsula, where there are few landscaped areas in comparison to the rest of the City. If the Lido Gateway Park contract is awarded after July 1", then the Balboa Peninsula Gateway Park funds could fund the Lido Gateway Park work. However, after the Sanitation District's pump station is completed next year, additional funding would be needed to construct Balboa Peninsula Gateway Park. Respectfully %sud, Public Works Department Don Webb, Director by Lloy, Dalton, P.E. Design Engineer Attachment: Council Memo date September 22, 1997 • 9 0 September 22, 1997 CITY COUNCIL AGENDA ITEM NO. 17 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: BALBOA PENINSULA GATEWAY PARK AND LIDO VILLAGE GATEWAY PARK - CONTRACT NO. 3155 RECOMMENDATION: Approve the schematic designs for the two park sites, and direct staff to prepare construction plans and specifications for the projects. DISCUSSION: The current budget contains an appropriation for design and construction of "Balboa Peninsula Gateway Park" improvements upon two parcels of land located at the intersection of Newport Boulevard and Via Lido (see attached exhibit). Those parcels are the 1/6 acre former Chevron service station site (which was purchased by the City last spring) and a 1/12 acre former service station site (which is owned by the State). The County Sanitation Districts of Orange County ( CSDOC) will be building a pump station upon the southwesterly corner of the former Chevron service station site, thereby replacing the 60 -year old Lido Pump Station, located approximately 200 feet away at Short Street. In exchange for an easement to use the site, CSDOC will contribute to the City it's proportionate share (approx. $60,000) of the $300,000 purchase price of the park site. Upon completion of CSDOC's new pump station (anticipated during January of 1999), the City's new Balboa Peninsula Gateway Park will be built upon the parcel. The parcel for Lido Village Gateway Park is owned by the State. Given that the City desires to construct a park upon the parcel, we have deposited $1,450 with the State as a 10% down payment towards it's purchase. Staff anticipates that the State will allow us to construct park improvements upon the site this winter, even though the deed may not have been transferred to the City by then. Staff retained the landscape architecture firm of Lynn Capouya, Inc., to meet with the "Gateway to Newport's Balboa Peninsula Citizens Committee" and City staff to develop • schematic designs for the two park sites. Those designs (copies attached), which have been reviewed by the Park & Open Space Committee and the PB &R Commission and SUBJECT: BALBOA PENALA GATEWAY PARK AND LIDO VILLAGE GOWAY PARK CONTRACT NO. 3155 September 22, 1997 Page 2 recommended for approval by the Harbor, Beaches and Parks Committee, will be the basis for preparing final plans, specifications and estimates (PS &E) for the parks. Staff requests that the City Council review and approve the schematic designs so that a consultant may be retained to prepare the final PS &E for the parks. Staff will expedite PS &E preparation for Lido Village Gateway Park so that it's construction contract may be awarded at the first meeting in January. Assuming the January award, the park site improvements should be completed by May. Based on the schematic plans it is estimated that the two parks will cost $225,000 to $275,000 to design and construct. Funds for the purchase of the former Chevron Service station site and for design and construction of park improvements thereon have been raised through solicitation by the "Gateway to Newport's Balboa Peninsula Citizens Committee ". The following funds have been allocated to date for the Gateway parks: Account Name Amount CBDG - Design $25,000 1997 -98 Capital Budget $40,000 County Sanitation District of Orange County $60,000 Contribution 1997 -98 Neighborhood Improvement Funds $40,000 Total $165,000 The Citizen's Committee has also offered to solicit further community donations. However, given the current funds allocated, future budget amendments will be required to complete the funding needed to award the construction contracts. Respectfully submi ed, PLI L WORK DEPARTMENT Don Webb, Director r Attachments: Exhibit 0 Schematic designs (2) %.12 524 ��6 22452, S18 518 s� 0 s°o 516 s& 514 112 s 512 510 s s °s °s 508 506 504 624 ! 22624? s221? 620 '9 1 610 606 6pq C 602 GOO P see 3401 a AVE. x 0 / 3958 8 A ym �P P LIDO V I L4 4746v C4 A P14 14 L fDo BALBOA PENINSULA GATEWAY PARK N SCR-E V=100' EXHIBIT • oai7 aV i 3 5 a j i � b i JJ ',,py1 V X C QQ �`KI 4 .i) 1 Q l r.a . qt2 1 k N m 0 0 RECORDING REQUEST AND WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659 -1768 Space is Recorded in the County of Orange, California Gary L. Granville, Clerk /Recorder ,������������������������������������������������ No Fee 19980184805 1; 53pm 03/31/98 005 19005516 19 04 E02 6 6.00 21.00 0.00 0.00 0.00 0.00 this line for Recorder's use only. XEMPT RECORDING REQUEST PER EASEMENT AGREEMENT GOVERNMENT CODE 6103 THIS AGREEMENT is made and entered into this -2-5 day of 1998, by and between County Sanitation District No. 5 of Orange County, California, (hereinafter "DISTRICT "), and the City of Newport Beach, California, a municipal corporation organized and existing under and by virtue of its Charter and the constitution and the laws of the State of California, (hereinafter "CITY "); WITNESSETH: WHEREAS, CITY is widening Newport Boulevard, a portion of which right of way is encumbered by DISTRICT's present location of Lido Pump Station, and WHEREAS; on February 26, 1997, CITY and DISTRICT entered into a Cooperation and Reimbursement Agreement pertaining to the design, construction, and easement for PERMITTED IMPROVEMENTS; and WHEREAS, DISTRICT desires to construct sanitary sewer improvements shown on DISTRICT construction plans known as "Relocation of Lido Pump Station, Contract No. 5 -41 -1" (hereinafter "PERMITTED IMPROVEMENTS "), encroaching into a ten foot setback for Alley 337A and within a vacant parcel of CITY park property located between Newport Boulevard, Short Street, and Alley 337A, known as 3531 Newport Scu!cvord and !Pgally described as Parcel 1 of Lot Line Adjustment No. 80 -1, recorded in Book 14016, Page 73, of Official Records in the office of the County Recorder of Orange County, California (hereinafter "PARCEL "); and 1 0 0 WHEREAS, said PERMITTED IMPROVEMENTS may interfere with CITY's future ability to construct, operate, maintain and replace certain alley and park facilities and improvements within the setback for Alley 337A and within PARCEL; and WHEREAS; CITY desires to maintain a five foot minimum width pedestrian access walkway through PARCEL to facilitate use of the public parking areas located adjacent to Alley 337A; and WHEREAS; on September 23, 1997, CITY approved Modification Permit No. 4601, thereby permitting a five foot encroachment of PERMITTED IMPROVEMENTS into the ten foot setback for Alley 337A; and WHEREAS; the parties hereto desire to execute an easement agreement (hereinafter "AGREEMENT ") to provide the conditions under which CITY will grant an easement to DISTRICT to construct and operate said PERMITTED IMPROVEMENTS ; NOW, THEREFORE, in consideration of their mutual needs, the parties hereto agree as follows: 1. PERMITTED IMPROVEMENTS shall be defined as a pump station entrance, a below -grade sewage pump station, a control building, utility service conduits, gravity and pressure sewer mains, manholes, etc., as shown on the plans and specifications for PERMITTED IMPROVEMENTS dated November 18, 1997. 2. CITY will grant an easement to DISTRICT to construct, maintain, operate, repair, and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto within the setback for Alley 337A and within PARCEL, more particularly set forth in the legal description Exhibit "A" and its sketch Exhibit "B ", both of which are attached hereto and incorporated herein by reference, all in conformance with the plans and specifications for PERMITTED IMPROVEMENTS. CITY will also allow DISTRICT to take reasonable measures necessary or convenient to accomplish aforesaid activities. 3. DISTRICT and CITY further agree as follows: 2 9 0 a. All specific obligations of the aforementioned Cooperation and Reimbursement Agreement shall remain in effect as agreed therein, except that the purchase price of the easement shall be $78,886, equal to that area of PARCEL occupied by DISTRICT's pump station entrance, sewage pump station and control room (known as "Parcel A" in the easement) multiplied by CITY's 1997 purchase price for PARCEL ($300,000) divided by the total area of PARCEL. Easement areas required for utility service conduits, gravity and pressure sewer mains, manholes, etc. shall not enter into the purchase price of the easement. CITY and DISTRICT shall also modify the Cooperation and Reimbursement Agreement to include CITY's reimbursement to DISTRICT for CITY sewers, sewer rehabilitation, manholes, traffic control and appurtenances that are to be built by DISTRICT as portion of PERMITTED IMPROVEMENTS. The amount of reimbursement shall be as identified as line items in DISTRICT's awarded schedule of prices for PERMITTED IMPROVEMENTS. b. DISTRICT shall clean and maintain PERMITTED IMPROVEMENTS in accordance with general prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. c. DISTRICT shall provide for and maintain a five foot minimum width pedestrian walkway over the at -grade roof of their sewage pump station, except during periods of DISTRICT maintenance, repair or replacement of PERMITTED IMPROVEMENTS. d. If any present or future CITY facility or improvement is damaged as a result of the installation, maintenance or operation of PERMITTED IMPROVEMENTS, DISTRICT shall be responsible for the cost of repairing the damage; however, nothing herein shall be construed to require DISTRICT to otherwise maintain, replace or repair any present or future CITY facility or improvement. 4. DISTRICT and CITY shall indemnify and hold harmless each other, their City Council, their District Board, their boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when outside attorneys are so 3 • • utilized), regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of PERMITTED IMPROVEMENTS. 5. The parties hereto agree that this AGREEMENT shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of interest in the AGREEMENT; and shall be recorded in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on the day and year first -above written. APPROVED AS TO FORM: By: Zj , - City Attorney ATTEST: City Clerk APPROVED AS TO FORM: �tiZ'CEdi "�, By: , District Counsel CITY OF a Munich 0 BEACH, COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY: By: Chairman, Board of Directors J By: Board Abcret6fry 4 0 0 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On S 1998, before me, OW44yFf personally appeared 7 , personally known to me be the person(.&) whose nameW is/afe subscribed to the within instrument and acknowledged to me that -he/she/" has executed the same in flis /her /them authorized capacity(ies), and that by his /her /tkeif- signature*) on the instrument the- peF588(s) 9 the entity upon behalf of which the person acted, executed the instrument. WITN S my hand andpfficial seal. Public in and for said (This area for official notarial seal) Thomas L. Woodruff V Comm. 41145500 n/�1 • NOTARY PUBLIC - CAUFORNLQ ORANGE COUNTY n Cynm. Exp. July 3.2001 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On ll/f!CE/ 2 , 1998, before me, �ff + 5� g/L"1182JFf personally appeared 14 personally known to me to be the person(a) whose namefs) isfere subscribed to the within instrument and acknowledged to me thatke /she /t#ley has executed the same inf4s /her /theif authorized capacity(ies), and that by -Ipis /her /th& signature(* on the instrument the -pef9eR(G) OF the entity upon behalf of which the person acted, executed the instrument. WITNESS y hand and o�ffirmial seal. 2U OY� F� Notaa Public in and for said State (This area for official notarial seal) F: \USERS \PB W\LDALTON W GREEMTS \CSDOC- EA.doc Thomas L. Woodruff; 0 COmm. 41145500 O (� NOTARY PUBLIC CALIFORNII�" I ORANGE COUNTY () Comm. Exp. July 3, 2001 (This area for official notarial seal) F: \USERS \PB W\LDALTON W GREEMTS \CSDOC- EA.doc 0 EXHIBIT "A" EASEMENT FOR SEWER AND PUMP STATION PURPOSES That certain land situated in the City of Newport Beach, County of Orange, State of California being a portion of Parcel 1 of Lot Line Adjustment No. 80 -1 recorded as Document No. 12616 in Book 14016, Page 73 of Official Records in the office of the County Recorder of said County and more particularly described as follows: Parcel A The southerly 52.23 feet of the westerly 43.71 feet of said Parcel 1. Said westerly 43.71 feet being measured along the southerly line of said parcel. Parcel B A strip of land, 16.00 feet wide, the centerline of which is described as follows: Commencing at the southwesterly corner of said Parcel 1; thence along the southerly line of said parcel S 77 °01'08" E 28.71 feet; thence N 12'58'5T 'E 52.23 feet to the True Point of Beginning; thence N 12059'52" E 88.90 feet; thence N 15 026'01" E 30.28 feet to the northerly line of said parcel. The side lines of said 16.00 foot strip to be extended or shortened to terminate at the northerly line of said Parcel 1. Parcel C A strip of land, 10.00 feet wide, the centerline of which is described as follows: Commencing at the southwesterly corner of said Parcel 1; thence S 77 °01'08" E 43.71 feet; thence N 12 058'52" E 31.17 feet to the True Point of Beginning; thence S 77 °01'08" E 18.48 feet to the easterly line of said parcel. The side lines of said 10.00 foot strip to be extended or shortened to terminate at the easterly line of said Parcel 1. F. is It 0 r E r O ti q 4 \ V 3 ii nP <z3- 10' 0 cq c/ VICINI T Y MAP ch w FALb0 \ i_ A i'T r ThY ) t . F' A % ' Y Y fTi 1. I.,IDO PUIMP STATIO \! EASEMENTS Ci'Y PARK — 870033 PARCEL A — 2257.78 s:,.`:. PARCEL B — 189n.28 PARCEL C ISQ 670 2287.78 sq.fL 8'00.33 f i. sq. SWO K .. .263 Comrihd i/V °, by cod licyd Dolor. a EXHIBIT "B" G N O R T H 1 , sHO� S2, T tt, 5 AP 423 - Q 101-15 A-P 423 - 1o1-14 r �1 1 ,r c/ VICINI T Y MAP ch w FALb0 \ i_ A i'T r ThY ) t . F' A % ' Y Y fTi 1. I.,IDO PUIMP STATIO \! EASEMENTS Ci'Y PARK — 870033 PARCEL A — 2257.78 s:,.`:. PARCEL B — 189n.28 PARCEL C ISQ 670 2287.78 sq.fL 8'00.33 f i. sq. SWO K .. .263 Comrihd i/V °, by cod licyd Dolor. a EXHIBIT "B" G N O R T H PARCEL, c DETAIL T: a. �1 1 1 , PARCEL, c DETAIL T: a. �1 1 CALIFORNIA ALL - PURPOSE • ACKNOWLEDGMENT • State of CX. County of On VAo•-n cam. a 3-, \cII \ g before me, DATE personally appeared l G V personally known to me - ysrr,• '' s ?�% lot No. 5907 NAME(S) OF SIGNER(S) to be the person(s) whose name(s) K /are subscribed to the within instrument and ac- knowledged to me that *Ke /they executed the same in % /I)�r /their authorized capacity(ies), and that by % /ptdar /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NESS my hand and official seal. IGN URE O NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL a El ATTORNEY -IN -FACT TRUSTEE(S) G UARDIANICONSERV ATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT ECI)W'/\tA. k NStt N• TITLE OR TYPE OF DOdUMENT 9 NUMBER OF PAGES DATE OF DOCUMENT 3 r SIGNER(S) OTHE HAN NAMED ABbV— F--' 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave,. P.O. Box 7184 -Canoga Park, CA 913097184 NA , ITLE OF OFFICER ER- E. .,''JANE DOE, NOT UtBLIC' IA L. ��� `t \ � \ 3 t JA \ �. "rX, 1 l / J \ I) NAME(S) OF SIGNER(S) to be the person(s) whose name(s) K /are subscribed to the within instrument and ac- knowledged to me that *Ke /they executed the same in % /I)�r /their authorized capacity(ies), and that by % /ptdar /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NESS my hand and official seal. IGN URE O NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL a El ATTORNEY -IN -FACT TRUSTEE(S) G UARDIANICONSERV ATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT ECI)W'/\tA. k NStt N• TITLE OR TYPE OF DOdUMENT 9 NUMBER OF PAGES DATE OF DOCUMENT 3 r SIGNER(S) OTHE HAN NAMED ABbV— F--' 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave,. P.O. Box 7184 -Canoga Park, CA 913097184 September 22, 1997 • S P 2 21997 CITY COUNCIL AGENDA APPR�VF�.. ITEM NO. 17 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: BALBOA PENINSULA GATEWAY PARK AND LIDO VILLAGE GATEWAY PARK - CONTRACT NO. 3155 RECOMMENDATION: Approve the schematic designs for the two park sites, and direct staff to prepare construction plans and specifications for the projects. DISCUSSION: The current budget contains an appropriation for design and construction of "Balboa Peninsula Gateway Park" improvements upon two parcels of land located at the . intersection of Newport Boulevard and Via Lido (see attached exhibit). Those parcels are the 116 acre former Chevron service station site (which was purchased by the City last spring) and a 1/12 acre former service station site (which is owned by the State). The County Sanitation Districts of Orange County ( CSDOC) will be building a pump station upon the southwesterly corner of the former Chevron service station site, thereby replacing the 60 -year old Lido Pump Station, located approximately 200 feet away at Short Street. In exchange for an easement to use the site, CSDOC will contribute to the City it's proportionate share (approx. $60,000) of the $300,000 purchase price of the park site. Upon completion of CSDOC's new pump station (anticipated during January of 1999), the City's new Balboa Peninsula Gateway Park will be built upon the parcel. The parcel for Lido Village Gateway Park is owned by the State. Given that the City desires to construct a park upon the parcel, we have deposited $1,450 with the State as a 10% down payment towards it's purchase. Staff anticipates that the State will allow us to construct park improvements upon the site this winter, even though the deed may not have been transferred to the City by then. Staff retained the landscape architecture firm of Lynn Capouya, Inc., to meet with the "Gateway to Newport's Balboa Peninsula Citizens Committee" and City staff to develop • schematic designs for the two park sites. Those designs (copies attached), which have been reviewed by the Park & Open Space Committee and the PB &R Commission and SUBJECT: BALBOA PPSULA GATEWAY PARK AND LIDO VILLAG*TEWAY PARK CONTRACT .3155 September 22, 1997 Page 2 recommended for approval by the Harbor, Beaches and Parks Committee, will be the • basis for preparing final plans, specifications and estimates (PS &E) for the parks. Staff requests that the City Council review and approve the schematic designs so that a consultant may be retained to prepare the final PS &E for the parks. Staff will expedite PS &E preparation for Lido Village Gateway Park so that it's construction contract may be awarded at the first meeting in January. Assuming the January award, the park site improvements should be completed by May. Based on the schematic plans it is estimated that the two parks will cost $225,000 to $275,000 to design and construct. Funds for the purchase of the former Chevron Service station site and for design and construction of park improvements thereon have been raised through solicitation by the "Gateway to Newport's Balboa Peninsula Citizens Committee ". The following funds have been allocated to date for the Gateway parks: Account Name Amount CBDG - Design $25,000 1997 -98 Capital Budget $40,000 County Sanitation District of Orange County $60,000 Contribution • 1997 -98 Neighborhood Improvement Funds $40,000 Total $165,000 The Citizen's Committee has also offered to solicit further community donations. However, given the current funds allocated, future budget amendments will be required to complete the funding needed to award the construction contracts. Respectfully submi ed, PU L WORK DEPARTMENT Don Webb, Director by: 4/du&7— � . t. n Engineer Attachments: Exhibit Schematic designs (2) • �26�9 2 '22 ? 620 614 1 610 6(76 V 6ol C sot 60, t�2 s, Slg 0 sow 516 e s Sl2 3421 o^, Sly 39(5 s 3413 so os Sge "' 3411 506 3409 3405 504 500 340, A F'NLEY AVE, x a • n3ISO r O Qy� o C �h h hV I b rj' P LIbo Vpo ! 4 Lf�o BALBOA PENINSULA GATEWAY PARK N SCRLE 1' =100' EXHIBIT 0 Z 1yoyS J' 0.l a L n L� v J -_I � e 5�` w I U LU �O.�A uj - III.1.� L n L� v J -_I 5�` w U LU uj III.1.� i C7 • , -1 Oo17 -° V j VVV I V C m J Q • I 1 e z V a j e N � e x u � N c � • N /�fI V C m J Q I 1 V C m J CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 8, 1999 Green Giant Landscape, Inc. 941 -A Macy Street La Habra, CA 90631 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Gateway Park, Lido Gateway Park, and Sound Wall Landscape Improvements (Contract No. 3155) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 8, 1999 JQC P. O. Box 3448 Rancho Cucamonga, CA 91729 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Gateway Park, Lido Gateway Park, and Sound Wall Landscape Improvements (Contract No. 3155) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CIA OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 8, 1999 R. Fox Construction, Inc. 1191 N. Knollwood Circle Anaheim, CA 92801 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Gateway Park, Lido Gateway Park, and Sound Wall Landscape Improvements (Contract No. 3155) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk . 3300 Newport Boulevard, Newport Beach 071� OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 8, 1999 4 -Con Enigineering, Inc. 14771 Washington Drive Fontana, CA 92334 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Gateway Park, Lido Gateway Park, and Sound Wall Landscape Improvements (Contract No. 3155) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach