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HomeMy WebLinkAboutProperty Sold - Old Balboa Island Fire StationATE OF CAUFA ;RNli: STATE HISTORICAL RESOURCES COMMISSI DEPARTMENT OF PARKS AND RECREATION P. O. BOX 942696 SACRAMENTO, CA 94296 -0001 (916) 6536624 (91.6) 653 -9824 FAX JOHN 0. HENDERSON. FAIA ....Chairperson SUE SCHECHTER .... Vice Chairperson JANE FOSTER CARTER BAUMAN HERBERT H. GRIN JOHN D. HENDERSON. FAIA ROBERT L. HOOVER, PhD RUSSELL L. KALDENBERG JEFFERY B. SAMUDIO STEPHEN L. TABER. Esq. ROBERT WINTER DR. KNOX MELLON ,....Executive Secretary REC rot JL -3 Pao :44 SCI IIY OF OF NEWP9R1 BE 17 May 2001 California Register of Historic Resource Balboa Island Fire House, Balboa Island, Orange County G &AY DAVIS. Governor On 17 May 2001, at a regular meeting of the State Historical Resources Commission in San Diego, California, pursuant to California Code of Regulations, Title 14, Chapter 11.5, Sections 4855 -56, the Commission voted to designate the Balboa Island Fire House as eligible for listing in the California Register of Historical Resources, due to owners' objection to designation. However, having met the criteria for significance and integrity, it will be listed by administrative procedure without prior notice or further hearing, if and when the owner's objection to listing is withdrawn. Published herewith are the findings of the Commission. FINDINGS The State Historical Resources Commission finds the Balboa Island Fire House, located at 323 Marine Avenue, Newport Beach significant under criterion 1 for its association with the early history and development of Balboa Island, and under criterion 3 for its distinctive regional architectural style which characterized fire and police stations of that era in Southern California, for the period 1931- 1957. The City of Newport Beach reviewed the nomination which was authored by the Balboa Island Museum and Historical Society but offered no comments other than to note that local designation requires application by the owner. However, the City of Newport Beach voted to contribute $350,000 as a challenge grant to the Society's fund to buy and restore the Fire Station. K. Erik Friess of Nossaman, Gunther, Knox, Elliott. LLP filed a statement of objection to the nomination on behalf of the owners, Chong Ung Kim and Jung Sock Kim, based on the arguments that the building has no historical significance; it is not threatened; no reason exists now, or ever to protect this building by designating it; that the nomination is intended to coerce the owners into selling the building; and that all options for preserving the property have not been explored. In addition to letters from involved parties rebutting the claims of the owners, OHP has received approximately 'one hundred letters of support for the designation and preservation of the fire station, many from long -term residents who have connections to the island that go back multiple generations. Additionally, applicants have submitted copies of more than fifty questionnaires which reflect the high level of interest and support 6y local people for the acquisition, restoration, and conversion of the historic fire house to a local history museum. The Balboa Island Fire House is small one -story, wood frame with stucco, built in the California - Mediterranean style typical of government buildings in coastal Southern California at that time. The building is located in a commercial district with stores in close proximity on either side; exterior walls abutting. The front fagade features two arched bays ori.either side of a tri -part window with double hung sashes. The gently sloped roof is clay tile, a shallow gable rises above the larger of the bays. Total floor area of the building is 1,173 square feet, situated on a 2,280 square foot lot. The interior space was divided into a garage for the fire truck, bathroom and kitchen facilities, sleeping area and storage. Other than replacing the garage's original folding door with a roll -up door in the 1950s, and the effects of deferred maintenance, there have been no significant alterations to the exterior Built in 1931, as the original firehouse on Balboa Island, it served as the police and fire station for the area for many years. It is the last remaining firehouse built in the regionally significant California - Mediterranean style in Orange County as other fire and police stations built in a similar style and period have been demolished in redevelopment projects. The fire station stands as a symbol of security, protection, and community for the residents and visitors to the island. Community volunteers manned the station in the early years, responding as quickly as possible to the fire bell when an alarm was given. Although the volunteer fire department was replaced with paid professional fire fighters in 1957, the Fire Station was staffed continuously until June of 1994 when the fire department was located elsewhere on Balboa Island and the original station was sold to a private owner. The Balboa Fire Station played significant symbolic and practical roles on the Island. To residents and visitors it represented safety, protection, and community cohesion for the sparsely populated island. Now it stands as one of the few tangible reminders of life on the Island in earlier days. Let these findings show that the review of this nomination included the application and supporting information; approximately one hundred letters of support for the designation and preservation of the fire station; more than fifty copies of questionnaires which reflect the high level of interest and support by local people for the acquisition, restoration, and conversion of the historic fire house to a local history museum; the owners' statement of objection together with supporting documents; historic and contemporary photos; "Limited Appraisal, Summary Report of existing improved property located at 323 Marine Avenue Newport Beach, CA" prepared by Lawrence O'Toole, MAI; rebuttals to the owner's claims made in objecting to the nomination; maps, newspaper accounts, copies of correspondence pertaining to the Society's efforts to purchase the building; maps and other local information. With this signature, it is hereby certified that the State Historical Resources Commission adopted these findings pursuant to California Code of Regulations, Title 14, Chapter 11 .5, Sections 4855 and 4856 on the 17�h day of May 2001, and directed the recordation of eligibility for historic designation by the County Recorder of Orange County, pursuant to Public Resources Code Sections 5024.1 and 5029. John D. Henderson, Chairperson STATE OF CALIFORNIA- RESOURCES AGENCY CALIFORNIA STATE PARKS OFFICE OF HISTORIC PRESERVATION P.O. BOX 942896 SACRAMENTO. CA 929 "W1 (916)653AB24 Fax(916)054-9624 wlenpo®MO.ouks.u:pw. GRAY ONAS. 1 VT a RECEIVED `p ^% March 16, 2001 '01 MAR 22 A10 705 City Clerk, City of Newport Beach OFFICE OF THE CITY CLERX 3300 Newport Blvd. CITY OF NEWPORT BEACH PO Box 1768 New Port Beach, CA 92658 -8915 SUBJECT: California Register of Historical Resources Nomination Balboa Island Fire Station, Orange County The State Historical Resources Commission is scheduled to consider the nomination of the above named resource to the California Register of Historical Resources at its regular meeting on May 17, at the Catamaran Resort, 3999 Mission Blvd., San Diego, to begin at 9:00 am. You are invited to attend the State Historical Resources Commission meeting at which the nomination will be considered. The Commission will consider public comments related to whether the resource meets the criteria for listing in the California Register. In order for the members of the Commission to give this matter the attention it deserves, we request that if you have information or knowledge about the historical significance or integrity of the resource which you feel should be brought to the attention of the Commission, that you present it in writing at least two weeks in advance of the scheduled hearing. You may address any questions or comments about this nomination to Marie Nelson, California Register Coordinator, Office of Historic Preservation, PO Box 942896, Sacramento, CA 94296 -0001; Phor : (916) 653 -9514; Fax: (916) 653 -9824; E -mail: mnels(&ohp.parks.ca.gov. The California Register of Historical Resources is an authoritative guide to the state's significant historical and archeological resources. Historical resources listed in, or determined to be eligible for listing in, the California Register are afforded certain protections and given consideration under the California Environmental Quality Act (CEQA). Generally, there are no restrictions placed upon a private property owner with regard to normal use, maintenance or sale of a resource listed in the California Register. Projects to be carried out by public agencies which would impact historic properties are subject to environmental review as are projects involving privately -owned resources when a discretionary permit or review is required by local governments with land -use planning authority. Questions regarding historically designated properties and CEQA review should be addressed to local government planning department officials. Information about the California Register program is available through the Internet at www.ohp.cal- parks.ca.00v, as well as from the Office of Historic Preservation. Sincerely, Dr. Knox Mellon State Historic Preservation Officer Date Copies Sent To: �_ayor Council Member /A_nanager rney t 'n -�a yTemp�t S11�ron iAood. �t C7� Clrr� / Cl Balboa Isla Museum and Historical Society 16 November 2000 :1" :5,4 LaVonne Harkless Clerk of the City of Newport Beach y V Dear LaVonne, As you are probably aware, the BIMHS has been organized basically to preserve the old firehouse at 323 Marine Ave. on Balboa Island, and to restore it to its original condition. In addition, there are plans to use the facility as a Museum and visitors center where children, residents and visitors can learn of the Island and regional history. The City Council recently authorized a matching sum of $350,000 for this program as described in the enclosed news bulletin. As part of this program, the Society has decided to pursue the possibility of nominating the Fire House as a California Historic Resource. As you know, this would help in preventing any destructive action on the part of current owners or other agencies while the Society is collecting the funds and arranging for building purchase. Even the ability to have the Office simply declare the property eligible for the List would go a long way to help protect the property. Furthermore, the Nomination lends some prestige to the whole program and the Island. Enclosed is a copy of the material that will be sent to the California Office of Historic Preservation. This is for your information and in accordance with the requirements of the California Office of Historic Preservation. The local government with land use authority (City of Newport Beach) is given 90 days in which to comment on the application. The comments should be returned to the applicant, in this case the Balboa Island Museum and Historical Society. We would appreciate your expediting this as the Office of Historic Preservation will not take action to review this application until these comments are available within that 90 day period. Please call if there are any questions; we would welcome the opportunity to discuss this program with you at your convenience. Pat Buderwitz (949- 675 -901), President of BIMHS, has been our principal contact point. Thanks for your consideration. Sincerely Walt Menetrey Secretary, BIMHS 221 Sapphire Ave. , Balboa Island, CA 92662; Tel: 949 - 675 -9019 9 Harkless, LaVonne From: Wood, Sharon Sent: Monday, November 27, 2000 10:14 AM To: Harkless, LaVonne; Temple, Patty; Bludau, Homer Subject: RE: Balboa Fire Station E I think Planning should respond. I don't think they need the City designation, which requires owner approval, but it sounds like they need City support of their nomination for State designation. I don't know if they need owner approval for that. - - - -- Original Message---- - From: Harkless, LaVonne Sent: Monday, November 27, 2000 10:08 AM To: Temple, Patty; Wood, Sharon; Bludau, Homer Subject: FW: Balboa Fire Station When I talked to Walt I mentioned the City's Register, which he was unaware of, however he said that they do not have the owner's approval. From my review of the policy, it appears as if the application has to be filed by the owner. Who is the appropriate person to respond to this ?? - - - -- Original Message---- - From: Fisher, Cathy Sent: Tuesday, November 21, 2000 10:17 AM To: Harkless, LaVonne Subject: FW: Balboa Fire Station LaVonne - Homerjust came by to discuss this and said that it is not necessary for this to go to the City Council. He referenced Council Policy K -2, and said that neither D1 or D2 apply in this case. He stated that we should ask Walt if they want to apply for the State Historical Building Code and if so, follow the procedure outlined in C of K -2. Let me know if you have any questions. It seemed fine to let this wait until you got back, plus considering your mention that Walt would be reviewing the policy further. - - - -- original Message---- - From: Fisher, Cathy Sent: Tuesday, November 21, 2000 9:97 AM To: Bludau, Homer Subject: RE: Balboa Fire Station Do you know who will prepare the staff report? And, what meeting would you expect it to go to Council - December 12th? Thanks. - - - -- Original Message---- - From: Bludau, Homer Sent: Tuesday, November 21, 2000 9:92 AM To: Fisher, Cathy; Brown, Leilani Subject: FW: Balboa Fire Station For your information. - - - -- Original Message---- - From: Temple, Patty Sent: Tuesday, November 21, 2000 9:90 AM To: Bludau, Homer Subject: RE: Balboa Fire Station Procedures regarding the designation of historic properties are in City Council K -2. Absent the agreement qJ' the Property owner. onlY the City (: ouncil can make such a designation. ,Section D2 of the policy discusses this. - - -- Original Message•--- - From: Bludau, Homer Sent: Tuesday,: NoveOr 21, 2000 US AM To; Temple, Patty Subject: FW: Balboa Fire Station I wanted to make sure you were copied on this message. Do you know the answer as to whom it goes to? - - - -- Original Message - - - -- From: Fisher, Cathy Sent: Tuesday, November 21, 20009:33 AM To: Bludau, Homer; Wood, Sharon; Burnham, Bob Cc: Brown, Leilani; Harkless, LaVonne Subject: RE: Balboa Fire Station We received the packet mentioned in the below e-mail today. As you are aware, LaVonne is out of the office this week. If anyone would like to handle this prior to her return, please contact Leilani or I. 1 will place the packet in LaVonne's mail folder, in the meantime.. Thank you. - - - -- Original Message- - From: Harkless, LaVonne Sent: Friday, November 17, 2000 1:53 PM To: Bludau, Homer; Wood, Sharon; Burnham, Bob Cc: Brown, Leilani; Fisher, Cathy Subject: Balboa Fire Station I received a phone call today from Walt Menetrey, Secretary of the BI Museum & Historical Society (675- 9019), who was referred to me by Steve Bromberg. He wanted to advise me that they have just filed an application to the Office of Historic Preservation. He indicated that they are required to file it with the City, so it will be coming to me. He wasn't sure exactly what role the City plays, although he knows that the City has 90 days to comment on their application. He doesn't know who should respond, but assumed it would be me. I told him I was sure it wouldn't be me, however I didn't know who it would be. He was unaware of the City's policy regarding historic buildings, so I referred him to the Council policy on the internet. He didn't think that would work out though because at first glance it appears that the owner's approval is required, which they don't have. However, he'll review it. Please advise who I should refer this to when it comes in. i Lot 25 Block 1.3. of Section Four. Balboa Island. as shown on a Map recorded in ..00k 7, page 37, of Miscellaneous Maps. in the office of the County Recorder of Orange County. California. Ootad February 17. 1994 STATE OF CALIFORNV ) COUNTY OF IZTA G l� on eelofa coo. r perdaneeY gnwarod �U /A i�%u/•O /t�_ , Pelsonely Mmm to coo (m omc to nor on tM come nl eelmlenay avelenro) to to In o person lel wnasa MrtW 1a) elgfosubSC,NCd rotMni W n IMU-CM and aCknow ]Mq.d to ma IMI hdehenhoY o,.U1 dthe wono M h"/ Ahol, aulhalhee copaMy(toaf, mW 1MI by MLaernbe., epna- lu.a(M( an atv InshW , it ex 1 e� (3l of 9.v an1AY UR”, baton of wWh tho pvseo(u acl. I, a /'e[Uled the hSlwmaN +VITNL99 my hen 6 lklal asp. "' /// $fYMIwN /. let f THE CTYY OF NEWPORT BEACH BY: t .i ShaYRl Lyn O4 0 Damn L n f wow u, aaea a In r NYWVr nb a.tab W,fofenei ule Nt0RDEQAT7HEkM9t0F 00M0 7M COMPAW - \ 40C # 94-0443324 Order NO. EWMNo: /15315JIS 07 —J11L -1494 11'x44 AM LOW No, Recorded in Official Records .1 . 'MMEN RECORDED MAIL TO: of Orn* Costly, California Chong Vag Kim Lee A. Brand, County Recorder Pan t of 1 Feast 4. 5.00 Jung Sook Kim 1 Neymouth -Court Tans 3".50 Newport Beach, CA 92660 r SPACE ABVY2 T1a911Ne FOR eefARDEH'S YaE MA�IIL{{TAX ����STATEMENTS TO: 6 DOCUMENTARY TRANSFER TAX 34 57AD.. ..........:__.....__._....__... Uf1L N& 1.e Ah .7i_. Co npnaam the mYUwason m e9We of paw" win eyed :OR ' lame -a —" ^,. L -""IR ...... CorcWaed on YM tentlwmlon a wNa lax. IkM a mcumbnncee mnailYg ethne al ada. 1 �p „We (�• C� THE UNOFRSIGNEO GRANTOR HEREBY O_ARES�._�7 ECI.m a us— 'J+ GRANT DEED FOR A VALUABLE CONSIDERATION, recelpf of tWch is hereby acknoMedged. THE CITY OF NEWPORT BEACH hereby GRANT(S) to I CHONG ONG KIM and JUNG SOOK KIM. husband and wife as joint tenants the real property in the City of Newport Beach County M Orange State of California. de tedbed as v Lot 25 Block 1.3. of Section Four. Balboa Island. as shown on a Map recorded in ..00k 7, page 37, of Miscellaneous Maps. in the office of the County Recorder of Orange County. California. Ootad February 17. 1994 STATE OF CALIFORNV ) COUNTY OF IZTA G l� on eelofa coo. r perdaneeY gnwarod �U /A i�%u/•O /t�_ , Pelsonely Mmm to coo (m omc to nor on tM come nl eelmlenay avelenro) to to In o person lel wnasa MrtW 1a) elgfosubSC,NCd rotMni W n IMU-CM and aCknow ]Mq.d to ma IMI hdehenhoY o,.U1 dthe wono M h"/ Ahol, aulhalhee copaMy(toaf, mW 1MI by MLaernbe., epna- lu.a(M( an atv InshW , it ex 1 e� (3l of 9.v an1AY UR”, baton of wWh tho pvseo(u acl. I, a /'e[Uled the hSlwmaN +VITNL99 my hen 6 lklal asp. "' /// $fYMIwN /. let f THE CTYY OF NEWPORT BEACH BY: t .i ShaYRl Lyn O4 0 Damn L n f wow u, aaea a In r NYWVr nb a.tab W,fofenei ule M L_ T 0sidential escrofcorp. City—of Newport Beach Attn: Ken 7elino 330.0 Newport Blvd. Newport Beach, CA 92660 ESCROW CLOSING LETTER _I Escrow No. 1531 5M5 Date JUly E, 1994 Lot Tract In connection with the above numbered escrow we enclose the following documents indicated by cross (X). ❑ Policy of Title Insurance No. ❑ Note for $ q)Fheck No. 16711 ®?statement of Account ❑ Insurance Policy No. ❑ Insurance Policy No. ❑ Grant Deed ❑ Trust Deed ❑ hill of Sale from issued by executed by for 307,035.00 Lender will further advise you regarding monthly payments. to RECEIVED JUL 08 1994® v iRr Gm .:-r', ER g.O Qt.xncenor Riw Any recorded documents to which you are antitlia will be forwarded direct from the office of the County Recorder. Any Insurance in this escrow, not held by first encumbrance holder lif any) and not enclosed herewith, will be forwarded to you later. Paid notes and trust deeds are held by the trustee. It has been a pleasure to have been of service to you and trust this matter has been handled to your satisfaction. residential escrow Corp. By Ef OHiur Marilyn Sauter /sm 120 NEWPORT CENTER DRIVE, SUITE 160 • NEWPORT BEACH, CALIFORNIA 92660 • (714) 640 -8772 FORM 31A CLOSING STATEMENT SELLER ity of Newport Beach Closing Date: 300 W. Newport Blvd. July 7, 1994 ewport Beach, CA 92660 Escrow No. 15315MS Page 1 .eference: ,23 Marine Avenue,, Newport Beach, CA DEBITS: CREDITS: rotal Consideration 325,000.00 3ISBURSEMENTS PAID: -ommission 15,437.50 7718.75 Paid to: 4aterfront Homes 7718.75 Paid to: Prudential Newport Realty inspection fee 300.00 Paid To: Asbestos Detection TITLE CHARGES: Owners Title Policy Premium 1,232.50 Zounty Doc. Transfer Tax 357.50 sSCROW FEES: Secrow Fees 637.50 ;heck Herewith 307,035.00 rotals 325,000.00 325,000.00 SAVE FOR INCOME TAX PURPOSES RESIDENTIAL ESCROW CORPORA71ON METF1013ANK ®ESCROW TRUST ACCOUNT 56307 e000 BIRCH STREET 16 711 120 NEWPORT CENTER DRIVE -, SUITE 166 NEWPORT BEACH, CALIFORNIA 92M NEWPORT BEACH, CA 92980 903735 (714) 640-8772 —Tar— ESCROW NO.yiS — i�l-- PAY Thrace AnndraA Qavan Thnncand Thirty Fiva TL,l larc nnri Nn /i00---- D0L$M8*A3Dj D35.00 TO City of Newport Beach THE 3300 W, Newport Blvd. ORDER OF Newport Beach, CA 92660 111 I: VOID AFTER 180 DAYS ESCROW TRUST ACCOUNT 56307 RESIDENTIAL ESCROW CORPORATION DETACH AND RETAIN THIS STATEMENT 16 711 ESCRCMlTRUSTACCOUNT.S� -07 THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. IF NOT CORRECT PLEASE NOTIFY US PROMPTLY, NO RECEIPT DESIRED, DATE DESCRIPTION AMOUNT Escrow No 15315MS Funds due you S 307.035.( 07/08/94 Reference: 323 Marine Avenue. Newport Beach, CA Seller: City of Newport Beach Buyer: Chong Ung Kim • 0 CITY OF NEWPORT BEACH March 8, 1994 P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 To Whom It May Concern SUBJECT: 323 MARINE AVENUE The City has owned the subject property since 1929 and the existing Fire Station was erected in 1931. A search of all available public records indicates no evidence that any fuel or contaminants were stored on the site either in underground or above ground facilities. The underlying soil is predominantly sand with a water table approximately three to four feet below the surface. Accordingly, in the opinion of this office, there are no indications and no reasons to suspect that any toxic contamination exists in the soil at this location. However, to confirm incontrovertibly this finding, only core sampling or other intrusive physical examination of the soil at this site would be necessary. Very truly yours, BUILDING DEPARTMENT aimar W. Schuller Director R WS:jf 3300 Newport Boulevard, Newport Beach TO: FROM: SUBJECT ACTION: 0 • CLOSED SESSION ITEM NO. 7 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER FEBRUARY 14, 1994 MAYOR AND CITY COUNCIL ASSISTANT CITY MANAGER BALBOA ISLAND FIRE STATION 323 MARINE AVENUE x„11 -S.L; If desired, approve sale of subject property to Mr. Chong Kim for a price of $325,000. BACKGROUND: The appraised value of this property in 1989 was $285,000 to $320,000 and the Council approved its sales for $320,000. A previous offer of $400,000 failed for lack of financing. The property has been listed since mid - December 1993 and two other offers in the $265,000 to $275,000 range have been received and rejected. The proposed buyer is the owner of a local fast food establishment and he will seek to establish a retail use on the property. The offer includes a 20 % down payment and is contingent upon receiving a first loan in the amount of $268,000. There are no contingencies except approval of a soils and asbestos report. DISCUSSION: This sale will net the City approximately $305,000 after paying the 4.75% commission and other fees. The buyer reportedly has the income and financial strength to achieve the necessary financing. RECOMMENDATION: This is a reasonable offer by a apparently qualified buyer and the property has received extensive exposure and activity. Staff recommends acceptance of this offer and authorization to the City Manager to execute this sale. Kenneth J. D lino KJD:mb 4A i ( o C'J ► s TUx-_ tom.. Y_d�•n /�iZ c s� To: From: Date: Faysal Jurdi Rick Higley February 23,1994 Subject: old Fire Station Site, Balboa Island CLAts a4-Q (� At your request I have reviewed the Building Department files to determine if any geotechnical information specific to this site exists. I have found none. In addition, I have also checked with Pat Dunnigan and lion Webb to determine if the Public Works Department has a file with any such information. They have assured me that no studies relative to the subject site exist in their department. The fire station at this site was constructed in the mid 1930's. It was not common practice at that time to evaluate subsurface soil or geologic conditions in conjunction with new construction or site grading. C2) Ae 'T5E TCfo o T� -Ft ►,5cf:::, L-.o-� 6s . A5ZE&ToS 77eTECT LC ® MCO?.OAJE F-Nc/tPLO 41T 2!/iG? /�� 4- 34 - -10(-1 G uJ PM T>- CHA.)aoGtE -S 7�/ - 95 76 . t&JD+e try i � �tirr une(e,`Grzouno� -ra�►e G-X F126 CITY COUNCIL AGENDA ITEM NO. CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER DECEMBER 13, 1993 TO: MAYOR AND CITY COUNCIL FROM: DEPUTY CITY MANAGER SUBJECT: OLD BALBOA ISLAND FIRE STATION 323 MARINE AVENUE ACTION: If desired, approve and authorize City Manager to execute a listing agreement with Waterfront Homes, Inc., to sell the subject property for an asking price of $400,000 with a 4.75 commission. BACKGROUND: The appraised value of this property in 1989 was $285,000 to $320,000, and the Council previously approved its sale for $320,000. A potential sale for $400,000 which admittedly was an impulse purchase fell out of escrow due to lack of financing. Experience related to the River Avenue property indicates that the City is best served by employing a professional real estate broker. DISCUSSION: Waterfront Homes is located nearby at 315 Marine Avenue, is very familiar with the area, and proposes a very competitive commission. Rumbold Realty, also located on Marine Avenue, submitted a proposal at $370,000 with a 5% commission. The suggested listing price reflects Waterfront's belief that interest in the property warrants the higher price. The listing agreement would have a six month term. RECOMMENDATION: Waterfront Homes is a reputable firm with long experience in the area. The Fire Department will be vacating the building in July 1994 and it is now time to sell the property. Staff recom ends the above cited action. 1JA Kenneth J. Delino KJD:mb 0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER March 10, 1992 TO: KEN DELINO FROM: City Manager SUBJECT: SALE OF OLD FIRE STATION SITE - BALBOA ISLAND The City Council on March 9th on a 4 -2 vote (Plummer and Watt voting no) authorized the staff to proceed with the sale of the existing Balboa Island fire station site and to utilize the proceeds to help construct the new fire station at 124 Marine Avenue. Let's meet on this but it would be my suggestion that you conduct a sealed bid based on a minimum price. It is my understanding that a January 1, 1991 appraisal gave a value of $360,000. A May '89 appraisal gave a value of approximately $302,500. 1 would suggest a minimum based on the January '91 evaluation. Following the opening of the sealed bids I would suggest an auction be held among those submitting bids to determine if any bidder desires to increase their bid for the parcel. The parcel could then be sold to the highest bidder. The specifications for the sale should include the provision that would allow the City to lease the existing fire station until the new fire station is completed and ready for occupancy. I believe that rather than keep the move open ended that you make an estimate of the move- date depending on the estimated completion of the building. If the building completion is extended two or three weeks, the firemen could occupy the Newport Center fire station for that short period of time. Chief Riley is willing to be consulted and to assist in this project. 1 \ � L ROBERT L. W�NN RLW:kf cc: T. Riley y.' March 9, 1992 CITY COUNCIL AGENDA ITEM NO. J-2 To: City Council From: Fire Department Subject: Sale of City property located at 323 Marine Avenue, Old Balboa Island Fire Station RECOMMENDATION: Instruct staff to proceed with the sale of the existing Balboa Island Fire Station site. 2. Utilize the proceeds from the sale of the property to offset the cost to construct the new fire station at 124 Marine Avenue. DISCUSSION: Fiscal The existing fire station located at 323 Marine Avenue is scheduled to be replaced during en-- year 1992 /93. Constructed of unreinforced masonry is 1931; the existingbuildinghas been dedare&seismicallyunsafe and.would be required td be reinforced by January; 1994 -to meet- - State of California standards for public buildings. Staff feels that the size and condition of this structure does not warrant the expense to reinforce it. Construction of the new fire station is scheduled to begin in the fall of 1992. The cost of this new public facility is currently estimated at $1,125,000.00. Staff would invite interested parties to submit sealed bids with a minimum bid of the appraised value of the property. The existing fire station site was appraised in January, 1991 at $360,000.00. Additionally, the City would be provided the option to ease the existing station site from the new property owner on a month- to-month basis. This would allow us the flexibility to maintain our present level of service on the Island while realizing the revenue from the sale of the property. Ideally, we would time the close of escrow in the best interest of the City to minimize our lease costs. A proposal to improve the existing site as a mini park with public restrooms was studied in July, 1990. At that time, it was estimated that the cost to demolish the existing structure and a mini park was $175,000.00. Including the loss of revenue from the sale of the this would mean a net cost to the City of $535,000.00 for the construction of a mini park and public resuooms. Annual maintenance costs are estimated at $8,750.00. This includes the cost to maintain the mini park as well as clean and service _the public restrooms once daily eight months of the year and twice daily during the remaining four months of the year. Timoth Rile Fire Chief CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER AUGUST 21, 1990 TO: CITY MANAGER FROM: DEPUTY CITY MANAGER SUBJECT: APPRAISAL OF EXISTING BALBOA ISLAND FIRE STATION The existing building is a single story, unreinforced masonry building containing less than 1300 square feet. The garage area is approximately 12' x 40' and the combined kitchen, bath, living area is approximately 15' x 50'. The building is unsuitable for any other use in its current state and requires earthquake reinforcement and tenant improvements. The existing building does not conform to the general plan designation which would be applied when the land is converted from the public use. Permitted uses would include approximately 1,125 square feet of retail space with five parking spaces or approximately 750 square feet of retail space plus a 1600 square foot residence with four parking spaces. The existing building encroaches into the required 10' alley setback and contains only one non - conforming parking space. While variances are always a possibility, the Planning Department stated that reuse of the building with its current deficiencies would not be favorably received. The Building Department estimates that earthquake reinforcement and tenant improvements would add a minimum cost of $100,000. Replacement of the 1300 square feet with new construction would cost about the same. The only value in the existing building is its historical or decorative aspects. Page 2 0 The value of the property on the open market is difficult to establish. Recent sales in the area (see attached table) include existing construction well in excess of what would be permitted under the current general plan. Also, recent sales include operating businesses which generate an immediate cash flow for the buyer. In contrast, the fire station site would require extensive permitting and development time. Furthermore, the amount of usable building allowable under existing codes would probably be much less than that contained in the recent sales. Another unknown is the value of a 1600 square foot residence in this location. An estimation of the total value of this property would require appraisal information on residential property and development costs. Kenneth J. elino KJD:mb Attachment U U y C N w O H O N 0 O w G y N � N •u H ti .p a; E H v > O O a cn '4 ' a oo a ^00 W o rz 4 U P H M a z za x zH °o`° coo 0000 °oo aA 0°,`° Ci oC, o° o h 60 coo vi ar M N 00 �. c i V) DO (C} 00 &4 V 6F} FR N ti 5 T N N N (J �; N V ti G" ti Q" ti N y. a CS' u CD 0 cu cq cn W � w w w c a o 0 k 0 k 0 k O k 0 n W) W) W) CD p.N pN pN pN p.O Q cn C H H cl rH rH U M O\ � .a N N N cq m CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER July 26, 1990 TO: BEN NOLAN FROM: City Manager SUBJECT: BALBOA ISLAND FIRE STATION b. �I Thank you for obtaining the opinion of Mack Brown concerning the funding of part of the cost of a fire station on Balboa Island. At this stage I prefer the 1913 -1915 Act procedure over the Mello -Roos. At this time I would propose: 1. That the 1913 -1915 Act provide for $600,000 in costs. 2. That the City will finance the demolition and construction of a mini -park at City's expense from in lieu park funds. 3. That the $600,000 be divided evenly among the parcels on the Big Island and the Little Island. It is therefore requested that you prepare an estimate of cost per parcel for the' $600,000 project. With this estimate I will . then meet with the Balboa Island Association to explain the proposal and obtain their reactions to it. The meeting I believe will not be fruitful if I do not have the approximate cost per parcel for this assessment. If the association favorably receives the proposal, I will then request the preparation of a formal petition and the preparation of an ordinance to specifically authorize fire station facilities in addition to the pipes, hydrants and appliances now mentioned in the State law. Before I prepare this ordinance, however, I need the association's support and before I can obtain their support I need your cost estimates per parcel. ROBERT L. WYNN RLW:kf cc: R. Burnham J. Reed —Z. Whitley • • No. S -2687 ASBESTOS DETECTION, INC. 12862 Garden Grove Blvd., Suite 220 • Garden Grove, CA 92643 • (714) 530 -1922 FAX (714) 530 -3756 PROPERTY 323 Marine Ave. INSPECTED (Balboa Fire Station) Newport Beach. Ca BILL Residential Escrow TO 120 Newport Ctr. Dr. #160 Newport Beach, CA 92660 Escrow #'153 -15MS TELEPHONE ORDERED BY John Cummincls 111AL631- 1400 ext. 242 TELEPHONE ORDER TAKEN BY DATE TAKEN INSPECTED BY TELEPHONE INSPECTION DATE INSPECTION TIME RF 13 -8 -94 I CA I 3 -10 -94 I 10:00 A.M. SERVICE REQUESTED: _STANDARD RESIDENTIAL INSPECTION _LIMITED BUILDING SURVEY _A.H.E.R.A. INSPECTION _AIR MONITORING xx DEMOLITION INSPECTION OTHER SPECIAL INSTRUCTIONS: Provided By: Authorization for air samples: Yes_ No xx ASBESTOS DETECTION, INC. shall perform the service hereinabove requested. ASBESTOS DETECTION, INC. makes no express or implied warranties concerning the physical composition of any material other than the sample(s) which are the subject of microscopic analysis. ASBESTOS DETECTION, INC. makes no express or implied warranties concerning the health . effects, or potential health :effects, resulting from exposure to any material inspected or microscopically analyzed, or from any fiber count determined during said service. All microscopic examinations are conducted pursuant to procedures established by the entities referred to on the Laboratory Analysis Report; and said examinations are performed solely by technicians certified in the performance of such operations. ASBESTOS DETECTION, INC. shall not be liable for any claims or damages arising from the services rendered with the exception of claims for physical property damage caused by the company at the time of on -site inspections. STATEMENT OF SERVICES Laboratory Analysis Personnel and Report Fee Bulk Samples @ $ 25.00 Air Samples @ $ 125.00 $ 175.00 TOTAL CHARGES $ 300.00 AMOUNT PAID $ -0- BALANCE DUE S 300.00 Please detach and return with remittance Mail to: No. S -2687 ASBESTOS DETECTION, INC. 12862 Garden Grove B1vd.,Suite 220 Garden Grove, CA. 92643 TOTAL PAYMENT AD ASBESTOS DETECTION, INC. 12862 Garden Grove Blvd., Suite 220 Garden Grove, CA 92643 (714) 530 -1922 TERMS AND CONDITIONS OF LIMITED BUILDING SURVEY STRUCTURAL DEMOLITION PROTOCOL PLEASE READ THIS FORM CAREFULLY! The building survey performed upon the structure(s) referenced in this report has been completed utilizing the procedures and protocol described hereafter. The procedures have been specifically approved and ordered by "CLIENT" for their sole use and purposes. The Survey does not include a determination of all possible sources of asbestos- containing materials. STANDARD LIMITED BUILDING SURVEY CLIENT has ordered a standard limited building survey to be conducted in representative accessible areas of the structure. Inaccessible areas of the structure (or any items requiring dismantling or destructive measures) are beyond the scope of this inspection. The standard survey is intended to identify reasonably accessible asbestos products in the following areas, or of the following types, and does not include any other products, systems or areas: 1. Sprayed acoustical ceiling 2. Textured wall surfacing 3. Pipe /boiler insulation 4. Attic insulation 5. HVAC duct material /insulation 6. Ceiling tiles 7. Sprayed structural fireproofing 8. Vinyl floor tiles and linoleum 9. Exterior stucco 10. Exterior siding 11. Interior plaster 12. Exterior roofing shingles /materials 13. Exhaust /flue piping Samples of suspect products involved in the standard survey were obtained as follows: Three (3) bulk sample of each apparently homogeneous suspect friable material shall be obtained from each structure surveyed. Suspect non - friable materials shall be sampled in quantities deemed sufficient by the inspector, based upon the type and surface area of the material. Client has been advised that this sampling protocol may be a reduction from E.P.A. suggested minimum sampling set forth in the A.H.E.R.A. (schools) program. ASBESTOS DETECTION CO., INC. makes no express or implies warranties concerning the physical composition of any material other than the specific sample(s) which is the subject of microscopic analysis and ASBESTOS DETECTION CO., INC. makes no express or implied warranties concerning the health effects, or potential health effects, resulting from exposure to any material surveyed or analyzed. Laboratory testing cannot, and does not, warrant that similar appearing products in adjacent areas of the structure are of identical, or similar composition and asbestos content. Assumptions based upon sample analysis are made solely at the risk of the CLIENT and ASBESTOS DETECTION CO., INC. is not liable in any manner for opinions based upon said assumptions. AD ASBESTOS DETECTION, INC. 12862 Garden Grove Blvd.. Suite 220 Garden Grove, CA 92643 (714) 530 -1922 .i • DEMOLITION INSPECTION REPORT NO. 5 -2,687 I. CLIENT: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 ATTN: Kenneth Delino, Deputy City Mgr. Bill to: Residential Escrow 120 Newport Ctr. Dr. 1160 Newport Beach, CA 92660 Agent: John Cummings II. Project address: 323 Marine Avenue (Balboa Fire Station) Newport Beach, CA III. Date of Survey: March 10, 1994 IV. Inspector Charles Ay, Certified Asbestos Consultant No. 93 -1030 V. Structure: The structure is a one -story building of approx. 2,000 square feet, presently utilized as a fire station. Renovation is planned to the building, but the extent of the renovation has not yet been determined. Therefore, a demolition protocol survey is requested which will include and sample all suspect primary building materials in the structure. VI. Systems /products surveyed: A. Acoustical ceiling material: None observed. B. Textured wall surfacing: None observed. C. Pipe /boiler insulation: None observed. Visible piping was not insulated. D. Attic insulation: None observed. The attic is not insulated. E. HVAC duct system insulation: The structure had a roof - mounted HVAC unit. Metal ducts and register boots were insulated with non- suspect fiberglass material. F. Ceiling tiles: None observed. G. Sprayed structural fireproofing: None observed. 0 0 Report No. 8 -2687 Page 2 of narrative H. Flooring: The majority of the building has a cement floor. Linoleum and /or vinyl tiles were observed in the kitchen, sleeping quarters, office and the bath areas. Where suspect mastic adhered to a sampled tile, the mastic was analyzed separately. Samples of distinctive patterns were obtained as follows: sample # Location Asbestos present 1 Sleeping quarters 9" x 9" tile Chrysotile 10 -12% lA Mastic on sample no. 1 None 2 Sleeping quarters linoleum - NE None area 3 Bathroom linoleum (same pattern Chrysotile 18 -22% in office and kitchen areas) Note: The surface area of the asbestos- containing flooring material was visually estimated to be 1) 300 square feet total in the bathroom, office and kitchen areas and 2) 200 square feet in the sleeping quarters. I. Exterior Stucco: A stucco surfacing was observed on the brick exterior of the structure. A sample was obtained as follows: sample # Location Asbestos present 5 SW side None J. Exterior siding: None observed. R. Interior Wall Materials: The interior walls in the structure were of plaster construction. Samples were obtained as follows: sample # Location Asbestos uresent 4 Bathroom plaster None L. Exterior Roofing Materials: Suspect roofing material, and approximately 15 sq. ft. of suspect mastic on roof seams and around roof penetrations, was observed and sampled as follows: Sample # Location Asbestos present 6 Roofing felt - SE area None 7 Mastic - SE seam Chrysotile 20 -25% M. Exhaust /flue Piping: One suspect flue pipe was observed venting off the water heater in the central portion of the building. This pipe is the type commonly referred to as "transite" which can be assumed to contain asbestos without the necessity of sampling. VI. Laboratory analysis: Laboratory results are summarized in section V above. Refer to the attached laboratory report sheets for specifics. • • Report No. 8 -2687 Page 3 of narrative Analysis was performed by polarized microscopy (PLM) utilizing the method described in 40 C.F.R. Chapter I (1 -8 -87 edition) Part 763, Subpart F, Appendix A pages 293 -299. The ASBESTOS DETECTION CO., INC. laboratory is accredited in this method under the National Voluntary Laboratory Accreditation Program administered by the National Institute of Standards and Technology, United States Department of Commerce, and by the Department of Health Services of the State of California. VII. Conclusions: The limited building survey protocol, and subsequent bulk sample laboratory analysis as reported herein, lead to the following conclusions: 1. Friable Materials: (E.P.A. definition of friable is that "the material, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure." A.H.E.R.A. section 763.83. The term "friable" does not necessarily indicate that any present damage, deterioration or health hazard exists.) Friable asbestos was identified in these construction materials: NONE 2. Non - friable Materials: Non - friable asbestos was identified in these construction materials: A. Floor tile in the sleeping quarters B. Linoleum in the bathroom, office and kitchen areas C. Mastic on roof seams and penetrations D. Flue pipe off water heater (by assumption) Note: The total surface area of all asbestos - containing materials identified in this survey report is in excess of 100 square feet. If applicable, the client may incorporate this report or its conclusions into a notice pursuant to the State of California Health and safety Code Section 25915 et seq. or into notification pursuant to S.C.A.Q.M.D. Rule 1403. S.C.A.Q.M.D. Rule 1403 mandates that, where a renovation will involve 100 square feet or more of asbestos - containing materials, or in any demolition activity, the property owner or renovation /demolition contractor shall provide written notice of said activity to S.C.A.Q.M.D. ten days prior to the commencement of the renovation /demolition. DATE: March 11, 1994 ASBESTOS DETECTION CO., INC. Charles W. Ay Certified Asbestos Consultant # 93 -1030 AD• ASBESTOS DETECTION, INC. 12862 Garden Grove Blvd„ Suite 220 Garden Grove, CA 92643 (714) 530 -1922 LABORATORY ANALYSIS IWORTS No. B -2687 BULK ASBESTOS ANALYB (40 C.F.R. Part 763, Subpart F. Appendix A, pages 293 -299 Client Name: City of Newport Beach Client Address: 3300 Newport Blvd. Newport Beach, CA 92663 Estimated percentages by area. Detection Limit 1% asbestos This report pertains to Bamples investigated and does not necessarily apply to other apparently identical or similar materials. This report is not to be reproduced without the express permission of Asbestos Detection Co., Inc. Sample No. 0352687 -1 ADI Lab No. 17540 Type of material: Tile Color: Tan Type(s) of Asbestos present: 1. Chrysotile Percentage: 10 -12% 2. Percentage: Other fibrous material present: None Other non - fibrous material present: Granular minerals; vinyl Analyst's comment, if applicable: Ash --------------------------------- Sample No. 0352687 -1A Type of material: Mastic on 17540 Type(s) of Asbestos present: 1. None detected 2. Other fibrous material present: None ---------------------------- ADI Lab No. 17540 -A Color: Black Percentage: Percentage: Other non - fibrous material present: Resins; granular minerals Analyst's comment, if applicable: N/A ----------------------------- Sample No. 03S2687 -2 Type of material: Linoleum Type(s) of Asbestos present: 1. None detected 2. -------------------------- ADI Lab No. 17541 Color: Tan /brown Percentage: Percentage: Other fibrous material present: Cellulose 20 -25% Other non - fibrous material present: Granular minerals Analyst's comment, if applicable: Ash 3 -10 -94 R. Frauenberaer Date Analyst Approved By AD ASBESTOS DETECTION, INC. 12862 Garden Grove Blvd., Suite 220 Garden Grove, CA 92643 (714) 530 -1922 LABORATORY ANALYSIS *ORTS No. 5 -2687 BULK ASBESTOS ANALYSIV (40 C.F.R. Part 763, Subpart F. Appendix A, pages 293 -299 Client Name: City of Newport Beach Client Address: 3300 Newport Blvd. Newport Beach, CA 92663 Estimated percentages by area. Detection Limit 1% asbestos This report pertains to samples investigated and does not necessarily apply to other apparently identical or similar materials. This report is not to be reproduced without the express permission of Asbestos Detection Co., Inc. Sample No. 0352687 -3 ADI Lab No. 17542 Type of material: Linoleum Color: Gray /white Type(s) of Asbestos present: 1. Chrysotile Percentage: 18 -22% 2. Percentage: Other fibrous material present: Cellulose 5 -8% Other non - fibrous material present: Granular minerals; vinyl Analyst's comment, if applicable: N/A --------------------------------------------------------------------- Sample No. 03S2687 -4 ADI Lab No. 17543 Type of material: Plaster Color: Tan Type(s) of Asbestos present: 1. None detected Percentage: 2. Percentage: Other fibrous material present: Cellulose <1% Other non - fibrous material present: Granular minerals Analyst's comment, if applicable: N/A ----------------------------------------- Sample No. 0352687 -5 Type of material: Stucco Type(s) of Asbestos present: 1. None detected 2. --------------------- -- - - -- ADI Lab No. 17544 Color: Gray Percentage: Percentage: Other fibrous material present: None Other non - fibrous material present: Granular minerals Analyst's comment, if applicable: N/A ,// 3 -10 -94 R. Frauenber4er 1cl Date Analyst Approved By AD ASBESTOS DETECTION, INC. 12862 Garden Grove Blvd., Suite 220 Garden Grove, CA 92643 (714) 530 -1922 LABORATORY ANALYSIS &ORTS No. 5 -2687 BULK ASBESTOS ANALYB (40 C.F.R. Part 763, Subpart F. Appendix A, pages 293 -299 Client Name: City of Newport Beach Client Address: 3300 Newport Blvd. Newport Beach, CA 92663 rmmwT. V........41. n..l �.-... Estimated percentages by area. Detection Limit 1% asbestos This report pertains to samples investigated and does not necessarily apply to other apparently identical or similar materials. This report is not to be reproduced without the express permission of Asbestos Detection Co., Inc. ------------------------------------------------------------------------- Sample No. 03S2687 -6 ADI Lab No. 17545 Type of material: Roofing Color: Black /gray Type(s) of Asbestos present: 1. None detected Percentage: 2. Percentage: Other fibrous material present: None Other non - fibrous material present: Granular minerals; tars Analyst's comment, if applicable: N/A ---------------------------------- - - - - -- Sample No. 0352687 -7 Type of material: Mastic Type(s) of Asbestos present: 1. Chrysotile 2. Other fibrous material present: None ADI Lab No. 17546 Color: Black /gray Percentage: 20 -25% Percentage: Other non - fibrous material present: Granular minerals; resins Analyst's comment, if applicable: N/A ---------------------------------- - - - - -- 3 -10 -94 R. Frauenberaer A C Date Analyst Approved By -AD, ASBESTOS DETECTION, INC. 12862 Garden Grove 81vd., Suite 220 Garden Grove, CA 92643 (714) 530 -1922 0 TERMS AND CONDITIONS OF LIMITED BUILDING SURVEY STRUCTURAL DEMOLITION PROTOCOL PLEASE READ THIS FORM CAREFULLY! The building survey performed upon the structure(s) referenced in this report has been completed utilizing the procedures and protocol described hereafter. The procedures have been specifically approved and ordered by "CLIENT" for their sole use and purposes. The Survey does not include a determination of all possible sources of asbestos - containing materials. STANDARD LIMITED BUILDING SURVEY CLIENT has ordered a standard limited building survey to be conducted in representative accessible areas of the structure. Inaccessible areas of the structure (or any items requiring dismantling or destructive measures) are beyond the scope of this inspection. The standard survey is intended to identify reasonably accessible asbestos products in the following areas, or of the following types, and does not include any other products, systems or areas: 1. Sprayed acoustical ceiling 2. Textured wall surfacing 3. Pipe /boiler insulation 4. Attic insulation 5. HVAC duct material /insulation 6. Ceiling tiles 7. Sprayed structural fireproofing 8. Vinyl floor tiles and linoleum 9. Exterior stucco 10. Exterior siding 11. Interior plaster 12. Exterior roofing shingles /materials 13. Exhaust /flue piping Samples of suspect products involved in the standard survey were obtained as follows: Three (3) bulk sample of each apparently homogeneous suspect friable material shall be obtained from each structure surveyed. Suspect non - friable materials shall be sampled in quantities deemed sufficient by the inspector, based upon the type and surface area of the material. Client has been advised that this sampling protocol may be a reduction from E.P.A. suggested minimum sampling set forth in the A.H.E.R.A. (schools) program. ASBESTOS DETECTION CO., INC. makes no express or implies warranties concerning the physical composition of any material other than the specific sample(s) which is the subject of microscopic analysis and ASBESTOS DETECTION CO., INC. makes no express or implied warranties concerning the health effects, or potential health effects, resulting from exposure to any material surveyed or analyzed. Laboratory testing cannot, and does not, warrant that similar appearing products in adjacent areas of the structure are of identical, or similar composition and asbestos content. Assumptions based upon sample analysis are made solely at the risk of the CLIENT and ASBESTOS DETECTION CO., INC. is not liable in any manner for opinions based upon said assumptions. AD' 0 ASBESTOS DETECTION, INC. 12862 Garden Grove Blvd., Suite 220 Garden Grove, CA 92643 (714) 530 -1922 DEMOLITION I. CLIENT: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 ATTN: Kenneth Delino, Deputy City Mgr. Bill toe Residential Escrow 120 Newport Ctr. Dr. ,#160 Newport Beach, CA 92660 Agent: John Cummings II. Project address: 323 Marine Avenue (Balboa Fire Station) Newport Beach, CA III. Date of Survey: March 10, 1994 0 REPORT NO. B -2687 IV. Inspector: Charles Ay, Certified Asbestos Consultant No. 93 -1030 V. Structure: The structure is a one -story building of approx. 2,000 square feet, presently utilized as a fire station. Renovation is planned to the building, but the extent of the renovation has not yet been determined. Therefore, a demolition protocol survey is requested which will include and sample all suspect primary building materials in the structure. Vi. Systems /products surveyed: A. Acoustical ceiling material: None observed. B. Textured wall surfacing: None observed. C. Pipe /boiler insulation: None observed. Visible piping was not insulated. D. Attic insulation: None observed. The attic is not insulated. E. HVAC duct system insulation: The structure had a roof - mounted HVAC unit. Metal ducts and register boots were insulated with non - suspect fiberglass material. F. Ceiling tiles: None observed. G. Sprayed structural fireproofing: None observed. • 1 • Report No. 5 -2667 Page 2 of narrative H. Flooring: The majority of the building has a cement floor. Linoleum and /or vinyl tiles were observed in the kitchen, sleeping quarters, office and the bath areas. Where suspect mastic adhered to a sampled tile, the mastic was analyzed separately. Samples of distinctive patterns were obtained as follows: sample Location Asbestos_ present 1 Sleeping quarters 9" x 9" tile Chrysotile 10 -12% lA Mastic on sample no. 1 None 2 Sleeping quarters linoleum - NE None area 3 Bathroom linoleum (same pattern Chrysotile 18 -22% in office and kitchen areas) Note: The surface area of the asbestos- containing flooring material was visually estimated to be 1) 300 square feet total in the bathroom, office and kitchen areas and 2) 200 square feet in the sleeping quarters. I. Exterior Stucco: A stucco surfacing was observed on the brick exterior of the structure. A sample was obtained as follows: Sample # LPCatiO_n Asbestq�"rasent 5 SW side None J. Exterior Siding: None observed. A. Interior :Pall Materials: The interior walls in the structure were of plaster construction. Samples were obtained as follows: Sample Location Asbestos_ present 4 Bathroom plaster None L. Exterior Roofing Materials: Suspect roofing material, and approximately 15 sq. ft. of suspect mastic on roof seams and around roof penetrations, was observed and sampled as follows: Sample # Location Asbestos present 6 Roofing felt - SE area None 7 Mastic - SE seam Chrysotile 20 -25% M. Exhaust /flue Piping: One suspect flue pipe was observed venting off the water heater in the central portion of the building. This pipe is the type commonly referred to as "transite" which can be assumed to contain asbestos without the necessity of sampling. VI. Laboratory analysis: Laboratory results are summarized in section V above. Refer to the attached laboratory report sheets for specifics. Report No. B -2687 Page 3 of narrative Analysis was performed by polarized microscopy (PLM) utilizing the method described in 40 C.F.R. Chapter I (1 -8 -87 edition) Part 763, Subpart F, Appendix A pages 293 -299. The ASBESTOS DETECTION CO., INC. laboratory is accredited in this method under the, National Voluntary Laboratory Accreditation Program administered by the National Institute of Standards and Technology, United States Department of Commerce, and by the Department of Health Services of the State of California. VII. conclusions: The limited building survey protocol, and subsequent bulk sample laboratory analysis as reported herein, lead to the following conclusions: 1. Friable Materials: (E.P.A. definition of friable is that "the material, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure." A.H.E.R.A. section 763.83. The term "friable" does not necessarily indicate that any present damage, deterioration or health hazard exists.) Friable asbestos was identified in these construction materials: NONE 2. Non - friable Materials: Non - friable asbestos was identified in these construction materials: A. Floor tile . in the sleeping quarters H. Linoleum in the bathroom, office and kitchen areas C. Mastic on roof seams and penetrations D. Flue pipe off water beater (by assumption) Note: The total surface area of all asbestos- containing materials identified in this survey report is in excess of loo square feet. If applicable, the client may incorporate this report or its conclusions into a notice pursuant to the State of California Health and safety Code Section 25915 et seq. or into notification pursuant to S.C.A.Q.M.D. Rule 1403. S.C.A.Q.M.D. Rule 1403 mandates that, where a renovation will involve 100 square feet or more of asbestos - containing materials, or in any demolition activity, the property owner or renovation /demolition contractor shall provide written notice of said activity to S.C.A.Q.M.D. ten days prior to the commencement of the renovation /demolition. DATE: March 11, 1994 ASBESTOS DETECTION CO., INC. Charles W. Ay Certified Asbestos Consultant 0 93 -1030 AD• ASBESTOS DETECTION, INC. 12862 Garden Grove Blvd., Suite 220 Garden Grove, CA 92643 (714) 530 -1922 LABORATORY ANALYSIS I ORTS No. B -2687 BULK ASBESTOS ANALYSI (40 C.F.A. Part 763, Subpart F. Appendix A, pages 293 -299 Client Name: City of Newport Beach Client Address: 3300 Newport Blvd. Newport Beach, CA 92663 Estimated percentages by area. Detection Limit 1% asbestos This report pertains to samples investigated and does not necessarily apply to other apparently identical or similar materials. This report is not to be reproduced without the express permission of Asbestos Detection Co., Inc. -----------------------------------------------------------------_______- Sample No. 03S2687 -1 ADI Lab No. 17540 Type of material: Tile Color: Tan Type(s) of Asbestos present: 1. Chrysotile Percentage: 10 -12% 2. Percentage: Other fibrous material present: None Other non - fibrous material present: Granular minerals; vinyl Analyst's comment, if applicable: Ash ----------------------------------------------------------------------------- Sample No. 03S2687 -1A ADI Lab No. 17540 -A Type of material: Mastic on 17540 Color: Black Type(s) of Asbestos present: 1. None detected Percentage: 2. Percentage: Other fibrous material present: None Other non - fibrous material present: Resins; granular minerals Analyst's comment, if applicable: N/A ---------------------------------- Sample No. 03S2687 -2 Type of material: Linoleum Type(s) of Asbestos present: 1. None detected 2. ------------------------------------ ADI Lab No. 17541 Color: Tan /brown Percentage: Percentage: Other fibrous material present: Cellulose 20 -25% Other non - fibrous material present: Granular minerals Analyst's comment, if applicable: Ash 3 -10 -94 R Frauenberger Date Analyst Approved By AD• ASBESTOS DETECTION, INC. 12862 Garden Grove Blvd., Suite 220 Garden Grove, CA 92643 (714) 530 -1922 LABORATORY ANALYSIS MPORTS No. 5 -2687 BULK ASBESTOS ANALYS (40 C.F.R.iPart 763, Subpart F. Appendix A, pages 293 -299 Client Name: City of Newport Beach Client Address: 3300 Newport Blvd. Newport Beach, CA 92663 Estimated percentages by area. Detection Limit 1% asbestos This report pertains to samples investigated and does not necessarily apply to other apparently identical or similar materials. This report is not to be reproduced without the express permission of Asbestos Detection Co., Inc. Sample No. 03S2687 -3 ADI Lab No. 17542 Type of material: Linoleum Color: Gray /white Type(s) of Asbestos present: 1. Chrysotile Percentage: 18 -22% 2. Percentage: Other fibrous material present: Cellulose 5 -8$ Other non - fibrous material present: Granular minerals; vinyl Analyst's comment, if applicable: N/A ------------------------------------------------------------------- Sample No. 03S2687 -4 ADI Lab No. 17543 Type of material: Plaster Color: Tan Type(s) of Asbestos present: 1. None detected Percentage: 2. Percentage: Other fibrous material present: Cellulose <1% Other non - fibrous material present: Granular minerals Analyst's comment, if applicable: N/A -------------------------------------------------- Sample No. 0382687 -5 ADI Lab No. 17544 Type of material: Stucco Color: Gray Type(s) of Asbestos present: 1. None detected Percentage: 2. Percentage: Other fibrous material present: None Other non - fibrous material present: Granular minerals Analyst's comment, if applicable: N/A 3 -10 -94 R. Frauenberqer Date Analyst Approved By • LABORATORY ANALYSIS ORTS No. S -2687 AD BULK ASBE8T08 ANALYS (40 C.F.R. Part 763, Subpart F. Appendix A, pages 293 -299 ASBESTOS DETECTION, INC. Client Name: City of Newport Beach 12862 Garden Grove Blvd., Suite 220 Garden Grove, CA 92643 Client Address: 3300 Newport Blvd. (714) 5301922 Newport Beach, CA 92663 BTTU• Knnnn?fi Tnlinn Estimated percentages by area. Detection Limit it asbestos This report pertains to samples investigated and does not necessarily apply to other apparently identical or similar materials. This report is not to be reproduced without the express permission of Asbestos Detection Co., Inc. ----------------------------------------------------------------------------- Sample No. 03S2687 -6 ADI Lab No. 17545 Type of material: Roofing Color: Black /gray Type(s) of Asbestos present: 1. None detected Percentage: 2. Percentage: Other fibrous material present: None Other non - fibrous material present: Granular minerals; tars Analyst's comment, if applicable: N/A ------------------------------------------------------------------- Sample No. 03S2687 -7 ADI Lab No. 17546 Type of material: Mastic Color: Black /gray Type(s) of Asbestos present: 1. Chrysotile Percentage: 20 -25% 2. Percentage: Other fibrous material present: None Other non- fibrous material present: Granular minerals; resins Analyst's comment, if applicable: N/A 3 -10 -94 R• Fraiuenberger Date Analyst WOOD DESTROYING PESTS AND ORGANISMS INSPECTION REPORT This is an inspection report only -- not a Notice of Completion ' inal OSiragmp # Date ADDRESS OF PROPERTY INSPECTED DUILDWG NO. STREET Crry LP 192662 COUNTY CODE 1 I DATEOF P15PEL HON .NUMBER OF PAGES 323 IRARINg AVENUE BALBOA ISLAND I 30 02124194 2 Afru stamp here on Board copy only NEWPORT EXTERMINATING A 11CPNSPD PEST CONTROL D OPERATOR IS AN EXPERT IN 1325 East St. Gertrude `'- WS/HER FIELD. ANY QUESTIONS Santa Ana, CA 92705 REIw77V8 PO THIS REPORT (714) 261 - 0700•(714) 495 -4184 SHOULD BE REPERRED TO II1M/IIER REGISTRATNJN I PR 0771 RESORT# STAMP /' 1IAA7AAT ESCROW # 15HI S.lNAAiLVN ORDERED BY: WATERFRONT BONES, :2436 W. COAST BIGHWAY, NEWPORT BEACH CA RE PORT SENT TO: RESIDENTIAL ESCROW 120 NOOK rVN "E4 DATV9 1168 NEWPORT BRACH CA EEO PROPERTY OWNER: CITY OF NEWPNI BRACH Iii 4APTNR AV. N9R BAIRCiA ISLAE, CA KW PARTY IN INTEREST: . ❑ � � Original Report Limited Report Supplemental Report Reins e ction Report ❑ ' inal OSiragmp # Date I N F s U D F O D E F C E s GENERAL DESCRIPT I story ION: N A O T U R T R Y U T N A M A R A U E L R C II O flatitile roof C E 5 1 I N s P E T R I N N E A E A N w 0 D T G 5 O R E R W O O P O D T T N O O D L Y G R A L L 0 s E E , v E w R L E furnished and occupied - INSPECIIONTAG POSTED: Garage OTIILRINSPECTIONTAGS: L E C T s P T E R D R D E a C D E D M O A. R `^^e A R E D E C T R AI M T Y R P s M T N A E E R I T s _EOU - E A 1 O T E E s O T T s E s C T v E t s U R S N E 1.. SUBSTRUCTURE AREA Slab 2. SI'.RLL SHOWER TEs'P� ii logi: +nTl„iE•_c + -.Sp. I ?. 3 FO U NDA-II O NS Slat _ 4. PORCHES - STEPS Slab 5. VENTILATION Slab &ABUTMENTS None 7. AIIICSPACES Not insulated 251 accessible See 17. s. GA RAGES Attached 41 access - storaaelconstr. 9. DrCKS - PATIOS None l I 1 10:0- 1'IIER- INTERIOR Interior: see Ill. I1. OTI IER.- EXTERIOR Exterior: see 111. DIAGRAM AND EXPLANATION OF FINDINGS ( This report is limited to structure or strvoures shown on diagram) +----------- - - - --+ IraB I HAIR I 11AIB I +-------------- --+ I 2A I 1A I I I I I I I CONCRETE 1 SLAB I I I I I I 111A1B I I +------------- +-------------- - - - - -+ FRONT 1IC Inspected by ROBERT SCOTT HEINEEL License No. OPE16917 Signature YOUARE-. ElsrMT EDTOOBTAINCOPIP- SOFAL L. REPORTSANDCOMPI .T?IIONNOTICESONT1115 PROPERTY FILEDNTII Ill IISBOARD DUIUNG PIUiCI:iUINGTWO YL,\PS UPONPAYMIWI-017A S -'.(IJ FIT 10 SIRU(11'R,V PI:.CT(Y1VT.R01 IUTARD. I fv1 I I(IWd A \'1 SA( "RAW ':In ( % ^°" ?� `a 0 PAGE 2 OF STANDARD INSPECTION REPORT ON THE PROPERTY LOCATED AT: Address of property inspected: Bldg. No: 323 Street: 'MARINE AVENUE City: BALBOA ISLAND Stamp No: 11513887 Date of Inspection: 82124/94 Notes: IAI BATHTUB PLUMBING, ACCESS NOT INSPECTED DUB TO CONSTRUCTION STYLE; NO OUTWARD SIGNS OF INFESTATION. IBI THIS IS A LIMITED INSPECTION AND REPORT TO 323 MARINE AVENUE ONLY. ICJ FENCES NOT INCLUDED IN INSPECTION. (D) THERE IS A MINIMUM OF 5158.88 FOR REPAIR WORK COMPLETED BY NEWPORT EXTERMINATING. IBI IF A RE- INSPECTION IS RBQUES79D FOR CLEARANCE, WORE COMPLETED BY OWNER OR OTBBRS MUST BE RB- INSPECTED BY NEWPORT EXTERMINATING. RB- INSPECTION FEE $25.88. IFI PAYMENT IS TOR RESPONSIBILITY OF HOMEOWNER OR AGENT ORDERING THE WORK IF NOT PAID THROUGH ESCROW. IGl UPON REMOVAL OF WOOD, IF FURTHER DRY ROT AND/OR DAMAGE IS NOTED, A SUPPLEMENTAL REPORT WILL BE ISSUED WITH FURTHER FINDINGS, RECOMMENDATIONS AND BIDS (IF ANY(. :MPOSTANT NOTE: TER BACK OF TER FIRST PAGE OF OUR INSPECTION REPORT STATES OUR GUA6AN "EE PERIOD, TERMS, CONDITIONS ARC LIMI7AS[ONS. A SEPAS,A.TE REPORT AS B89N REQUESTED WHICH IS DEFLREL AS SECTION IjSBCTION Ii CONDITIONS EVIDENT ON THE DATE OF INSPECTION. SECTION I CONTAINS 179KS WHERE THERE IS EVIDENCE OF ACTIVE INFESTATION, INFECTION OR CONDITIONS THAT HAVE RESULTED IN OR FROM INFESTATION OR INFECTION. SECTION I? ITEMS ARE CONDITIONS DEEMED LIKELY TO LEAD TO INFESTAT CN OR INFECTION BUT WHERE NO VISIBLE E'VIGENCE OF SUCH WAS FOUND. FURTO9R !NSPECIIOR TTENS ARE DEFINED AS RECOM.R.ENDATLONS TO INSPECT AR.EAISI WSICE OURING TEE ORIGINAL INSPECTION 010 NOT ALLOW THE INSPECTOR ACCESS TO COMPLETE HIS INSPECTION AND CANNOT BE DEFINED AS SECTION I OR SECTION 11. 711 EXTERIOR SURFACE OF THE ROOF WILL NOT BE INSPECTED. IF YOU WANT TOR WATER TIGHTNESS OF THE ROOF DETERMINED, YOU SHOULD CONTACT A ROOFING CONTRACTOR WHO IS LICENSED BY TER CONTRACTOR'S STATE LICENSE BOARD. SHOWER 81A.FINDING: MISSING GROUT AND WATER DAMAGE NOTED AT STALL SHOWER AS MARRED ON DIAGRAM. RECOMMENDATION; ACID WASS GROUT AND SEAL TILE AREA, PATCH WALL AREA. SECTION I: ATTIC SPACES 6131NDING: INACCCESSIBLE AREA NOTED AT FORTIbN OF ATTIC DUB TO CONSTRUCTION STYLE AS MARKED ON DIAGRAM. RECOMMENDATION: NO RECOMMENDATION, IMPRACTICAL TO'MAKI ACCESSIBLE DUB TO CONSTRUCTION STYLE. UNKNOWN INTERIOR IBA.FINDING: WATER STAINING NOTED AT CEILING AND WALL AREA AS MARKED ON DIAGRAM. RECOMMENDATION: APPROPRIATE TRADESMAN INSPECT AND MAKE NECESSARY REPAIRS. SECTION II 18 &.FINDING: WATER DAMAGE NOTED AT WALLS AND CEILING AS MARKED ON DIAGRAM, RECOMMENDATION: APPROPRIATE TRADESMAN INSPECT AND MAKE NECESSARY REPAIRS. SECTION 11 EXTERIOR IIA.FINDING: EVIDENCE OF SUBTERRANEAN TERMITES N079D AT DOOR JAMBS AS MARKED ON DIAGRAM. RECOMMENDATION: IT IS RBCONMBNDBD THAT TOR CONCRETE SLAB BB DRILLED AT APPROPRIATE INTERVALS AND PRESSURE TREATED WITH A STATE REGISTERED CHEMICAL FOR TER CONTROL OF SUBTERRANEAN TERMITES. REMOVE ANY VISIBLE AND ACCESSIBLE MUD TUBES. BOLES TO BE PLUGGED WITH CONCRETE. SECTION I PAGE 3 OF STANDARD INSPECTION REPORT ON THE PROPERTY LOCATED AT: 0 Address of property inspected: Bldg, No: 323 Street; 'MARINE AVENUE City: BALBOA ISLAND Stapp No: 1150388T Date of Inspection: 12124194 11B.FINDING: EVIDENCE OR SUBTERRANEAN TERMITE DAMAGE NOTED AT DOOR JAMBS AS MARRED ON DIAGRAM, RECOMMENDATION: FILL DAMAGE NITS WOOD FILLER TO CORRECT (PAINTING NOT INCLUDED(. SECTION I 11C.FINDING: FUNGUS DAMAGE NOTED AT WINDOW SASE AS MARRED ON DIAGRAM, RECOMMENDATION: REMOVE FUNGUS INFECTED ANDIOR DAMAGED WOOD M6MBRRS AND REPLACE NITS NEW MATERIAL (PAINTING NOT INCLUDED(, SECTION ; IN ACCORDANCE WITS THE LAWS AND REGULATIONS OF TBE STATE OR CALIFORNIA, WE ARE REQC:RED TO PROVTDR YOU WITS TEE FOLLOWING INFORMATION PRIOR. TO APPLICATION OR TERMITICIDES TO YOUR PRCERRTY: VP SL'PTERR.ANEAN TERMITE PKCBSS, THE RO'AWING CHEMICAL WILL BE CSEC': 'ACTIVE INGREDIENTS OF DURSBAN T.C., AS FOLLOWS: 42,8A CHLORPYRIFOS (O,O- DIETHYL O- (3,5,6,- TRICBLORO- 2- PYRIDYL( PBOSPBOROTHIOATE), + 57,24 INERT TNGREDIENTS. TOTAL COST: 31205,81 - Inspection fee: 58.81 + Itel 1's: 102AIS485 (11A(5395 (11BIS50 (11CIS2715 (17A(NONE flwlli)mERS 323 0 WOOD DESTROYING PESTS AND ORGANISMS INSPECTION REPORT This is an inspection report only -- not a Notice of Completion ADDRESS OF PROPERTY INSPECTED MEET City 7p COUNTY DATE OF CODE Ur"ECFION AYBNUI BALBOA ISLAND 38 1 02124194 NUMBER of PAGES AtTu stamp here on Board copy only NEWPORT EXTERMINATING A LICFNSED Pest CONTROL NE NE East St. Gertrude OPERATOR IS AN EXPERT IN wS/HER FIELD. ANY QUESTIONS Santa Ana, CA 92705 RELATIVE TO THIS REPORT (k (714)261 - 0700•(714)495.4184 SHOULD HE REFERRED TO IIIM/l IER - PR 0371 1 1 1151388 ORDERED BY: NATRRPRONT HONKS, 2436 W. COAST BIGBWAY, NRIPORT BEACH CA NTORTSENTTO: RRSIDRNTIAL RSCRON 121 NRWFORT CEN ".RR HIVR. 1161 HKORT BBACB CA 92668 PROPVRTYOWNER: CITY OF NEWPORT BRACH 37? *NAPINR AVRNiIR RATA A 1SIANP CA 9'6f' PARTY I N INT'E REST: Original Report Limited Report[] ❑ Su PP lemenial Report Reins ! ction Rc P° rt . Original 'Stamp N Date 1 story. I N N O F U S 9 D R F U O t 0 A E A F A C E E X S H GENERAL DESCRIPTION: T flat /tile roof C E S a N S P E T u R N T A E A w. ° O D T G ss D R E R W O ° P o 0 D t T N• w O O D L r G R A L ° L O S E E S Y E µ E R L A furnisl'ed and occupied INSPECIIONTAG POSTED: Garage OTI IU R INSPECTIO NTAGS: L E G i S P t E R D R D E R C D E D M O N _ E M Y I1 O S None A R D C t MR I t R E S t T A L E B R S T A ° E S T S S T E S R S I I s I I I E I. SUR.STRUCTURE.AREA Slat i 2`SI'ALL SHOWER TFS :ems Vi 1 ;'!;ic'Fa- +RC 17 _ 3. FOUNDATIONS Slab I 4.. PORCHES - STEPS Slab 5. VENTILATION Slab 6. ABUTMENTS Rane T. ATTIC SPACFS Not Insulated. 251 accessible Se 7. 8. GARAGES Attached 511 access -storage/constr. 9.. BECKS - PATIOS None 10. 0"'1ER- INTERIOR Interlor see 111: 11. OTHER- EXTERIOR Rxtetloi: see III. DIAGRAM AND EXPLANATION OF FINDINGS ( This report is limited to sirvourc or structures shown on diagram) 116B IIA /B I IIA /B 1 2A 1 I IA I I I 1 CONC9979 I SLAB I I I I I I 111A1B I I 41 ---- --4--- ---------- --- ---{ PRONT 11C Nspectcd by ROBERT SCOTT HRINRRL License No. OPP.16911 Signature all N'OUARE EN'MI.FDTO OBTAIN COPIFS OFAI.L RL'PORI-SANT) COMPLETION NOTICF_S ONTI US PRO PFRTY FILFDN'Pll ill ❑5 BOARD Ul'lilNC i PIU:('F;DING'IU'i)1' I MF.SUI'ONPnYS}PNTOPA S' rK11TF.TOS1 kkVIVR,Al P1 �l CONI'R01 It() YRI). I lli�l 111N'I: A\ I: SNCRAN11 • 0 PAGE 2 OF STANDARD INSPECTION REPORT ON THE PROPERTY LOCATED AT: Address of p[ope[ty Suspected, Bldg. Not 323 St[eet: 'MARINE AVENUE City: BALBOA ISLAND Stamp No: 1156388T Date of Inspection: 62!24/94 Not es: IAi BATHTUB PLUMBING ACCESS NOT INSPECTED DUE TO CONSTRUCTION STYLI; NO OUTWARD SIGNS OF INFESTATION. IS) THIS IS A LIMITED INSPECTION AND REPORT TO 323 MARINE AVENUE ONLY, ICI FENCES NOT INCLUDED IN INSPECTION, SDI THREE IS A MINIMUM OF S151.88 FOR REPAIR WORE COMPLETED BY NEWPORT EXTERMINATING. IRE IF A RB- INSPECTION IS REQUESTED FOR CLEARANCE, WORK COMPLETED BY OWNER OR OTHERS MUST BE RE-INSPECTID BY NEWPORT EXTERMINATING. RI- INSPECTION FEE $25.88. IF) PAYMENT IS TOR RESPONSIBILITY OF HOMEOWNER OR AGENT ORDERING THE WORK IF NOT PAID THROUGH ESCROW. !G) UPON REMOVAL OF WOOD, IF FURTHER DRY ROT AHDIOR DAMAGE 16 NOTED, A SUPPLEMENTAL REPORT WILL BE ISSUED WITS FURTHER FINDINGS, RECOMMENDATIONS AND BIDS (IF ANYI• IMPORTANT NOTE; THE BACK OF THE FIRST PAGE OF OUR INSPECTION REPORT STATES OUR GUARAFTRE PERIOD, TERMS, CONDITIONS AND LIMITATIONS. A SEPARATE REPORI AS B93N REQUESTED WHICH IS DEFINED AS SECTION IISSCTION I1 CONDITIONS EVIDENT ON TEE DATE OF INSPECTION. SECTION I CONTAINS ITEMS WHERE THERE IS EVIDENCE OF ACTIVE INFESTATION, INFECTION OR CONDITIONS TEAT HAVE RESULTED IN OR FROM INFESTATION OR INFECTION. SB`T10N If ITEMS ARE CONDITIONS D984RD LIKELY TO LEAD TO INFESTATON OR INFECTION BUT W ?ERE NO VISIBLE EVIDENCE OF SUCH WAS FOUND, FURTHER INSPECTION ITEMS ARE DEFINED AS RECOMMENDATIONS TO INSPECT AREAISI WHICH DUPING THE ORIGINAL INSPECTION DID NOT ALLOW THE INSPECTOR ACCESS TO COMPLETE HIS INSPECTICN ANS CANNOT BE DEFINED AS SECTION I OR SECTION II. TER RETIRIOR SURFACE OF THE BODY WILL NOT BE INSPECTED. IF YOU WANT TER WATER TIGHTNESS OF TEE ROOF DETERMINED, YOU SHOULD CONTACT A ROOFING CONTRACTOR WHO IS LICENSED BY TER CONTRACTOR'S STATE LICENSE BOARD. SHOWER 82A.FIND:NG: MISSING GROUT AND WATER DAMAGE NOTED AT STALL SHOWER AS MARRED ON DIAGRAM. RECCMMRNOATION: ACID WASH GROUT AND SEAL TILE AREA, PATCH WALL AREA. SECTION II A "SIC SPACES 8'A.FINDING: INACCCESSIBLE AREA NOTED AT PORTION OF ATTIC DUE TO CONSTRUCTION STYLE AS MARKED ON DIAGRAM. RRCOMMRNDATION: NO RECOMMENDATION, IMPRACTICAL TO MARK ACCESSIBLE DUE TO CONSTRUCTION STYLI. UNKNOWN INTERIOR IAA.FINDING: WATER STAINING NOTED AT CEILING AND WALL AREA AS MARKED ON DIAGRAM. RECOMMENDATION: APPROPRIATE TRA.DESKAN INSPECT AND MAKE NECESSARY REPAIRS. SECTION 11 18B.FINDING: WATER DAMAGE NOTED AT WALLS AND CEILING AS MARKED ON DIAGRAM. RECOMMENDATION: APPROPRIATE TRADESMAN INSPECT AND MAKE NECESSARY REPAIRS. SECTION 11 EXTERIOR 11A.FINDING: EVIDENCE OF SUBTERRANEAN TERN179S NOTED AT DOOR JAMBS AS MARRED ON DIAGRAM. RECOMMENDATION: IT IS RECOMMENDED THAT TEE CONCRETE SLAB BE DRILLED AT APPROPRIATE INTERVALS AND PRESSURE TREATED WITH A STATE REGISTERED CHEMICAL FOR TIE CONTROL OF SUBTERRANEAN TIRMITES. RRMOVI ANY VISIBLE AND ACCESSIBLE MUD TUBES. BOLES TO BE PLUGGED WITS CONCRETE. SECTION I • 0 PAGE 3 OF STANDARD INSPECTION REPORT ON THE PROPERTY LOCATED AT; Address of property inspected: Bldg. No: 323 Street: 'MARINE AVENUE City: BALBOA ISLAND Stamp No: 11513087 Date of inspection: 12121191 IIB.P:NDING: EVIDENCE OF SUBTERRANEAN TERMITE DAMAGE NOTED AT DOOR JAMBS AS NARF.ED ON DIAGRAM. RECOMMENDATION: FELL DAMAGE WITH WOOD BILLER TO CORRECT (PAINTING NOT INCLUDED), SECTION I 11C.PINDING: FUNGUS DAMAGE NOTED AT WINDOW SASE AS MARKED ON DIAGRAM. RECOMMENDATION, REMOVE FUNGUS INFECTED ANDIOR DAMAGED WOOD MEMBERS AND REPLACE WITH NEW MATERIAL (PAINTING NOT INCLUDED). SECTION I IN ACCORDANCE WITS THE LAMS AND REGL'LATICNS OF THE STATE OF CALIFORNIA, WE ARE RE4'J:PED TO PROVIDE YOU WITH THE FOLLOWING INFORMATION PRIOR TO APPLICATION OF TERMITICIDES TO YOUR PROPERTY: ROR SCRTERRANEAN TEcNiIE RR CBS$, THE FOLLOWING C3R4:CAL WILL BE USED; 'ACTIVE INGREDIENTS OF DURSBAN T.C., AS FOLLOWS: 42.81 CHLOPPYRIFOS 10,O-DIETHYL 0- (3,5,6,- TRICELORO- 2-PYRIDYLI PBOSPBOROTB:OATE(, + 57.21 INERT INGREDIENTS. TOTAL COST: $1205.18 = Inspection fee: $0.88 + Item 1's: (62A)S185 111A1$395 (11BIS51 IIIC)$275 187A)HONE I11A.GESiOTSERS i • residential 9 escrowcorp, AMENDMENT AND /OR SUPPLEMENT TO ESCROW INSTRUCTIONS Escrow No.: 15315MS Re: 323 Marine Avenue, Newport Beach, CA TO: RESIDENTIAL ESCROW CORPORATION Date: June 27, 1994 My previous instructions in the above numbered escrow are hereby amended and /or supplemented in the following particulars only: The breakdown of the total consideration is amended as follows: INITIAL DEPOSIT $20,000.00 BALANCE OF CASH THROUGH ESCROW $305,000.00 TOTAL CONSIDERATION $325,000.00 Buyer will hand you the sum of $325,000.00, of which the sum of $20,000.00, has been deposited with escrowholder. Upon request of escrowholder the balance of cash through escrow plus closing costs will be deposited within two (2) working days prior to the close of escrow in the form of a CALIFORNIA CASHIER'S CHECK payable to Residential Escrow or WIRE TRANSFERRED to escrowholders trust account. Page 2, Items (3) and (1) regarding financing as contained in original escrow instructions dated February 17, 1994, are hereby deleted in their entirety. VESTING IS AMENDED TO READ AS FOLLOWS: CHONG UNG KIM AND JUNG SOOK KIM, husband and wife, and ALEXANDER CHONG KIM, a single man, as joint tenants. By signing these instructions the Seller instructs escrowholder to correct the vesting on the grant deed to read as stated above and over Sellers signature(s). It is mutually agreed between the parties hereto that the close of escrow date is amended to on or before July 7, 1994. Termite work as required in termite inspections report dated February 24, 1994, issued by Newport Exterminating will not be completed by Buyer prior to the close of escrow. Buyer will complete the work at their option and in their time frame after the close of escrow, a matter with which escrowholder is not to be concerned and /or have any duty. It is understood and agreed between the partieG hereto there shall be no proration of property taxes for the subject property, at the close of escrow, as the property is exempt from taxes until the close of escrow. Property taxes will be assessed as of the close of escrow. All other terms and conditions to remain the same. END OF AMENDMENT SELLER: BUYER: The City of Newport Beach M Chong Ung Kim Alexander Kim Jung Sook Kim N TEL No.714 -640 -1732 • Jul 6,94 20:42 No.008 P.02 • residential escrow corp. Escrow No.: 15315MB Res 323 Marine Avenue, Newport Beach, CA TO: AMENDMENT AND /OR eUPPLEM6NT TO ESCROW INSTRUCTIONS ESCROW CORPORATION Dates June 30, 1994 My previous instructions in the above numbered escrow are hereby amended and /or supplemented in the following particulars onlys VESTING IS AMENDED TO READ AS FOLLOWS: CHONG UNG RIM and JUNG BOOK RIM, husband and wife, as joint tenants. By signing these instructions the undersigned Seller instructs escrowholder to correct the venting on the grant dead to read as stated above and over their signature(a). All other terms and conditions to remain the same. END OF AMENDMENT SELLERS BUYER: Chong Un Xim Jung Sook Kim DISCL RIDING REAL ESTATE AGENCY 1LATIONSHIPS e:,xxxr (As required by the Clva code) A-A93OCIATION OF REALTORR {GI)A)$fANDARD_EORM .. When you enter into adiscussion with areal estate: agent regarding areal estate transaction, you should from the outset understand what type of agencyretelionship or representation you wish to have with the agent In the transaction. - - SELLER'S AGENT A Seller's agent under a listing agreement with Seller acts as the agent forthe Seller only. A Seller's agent or a subagent of that agent has the following affirmative &gwjone: -. To the Seller: _ (a) A Fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. . To the Buyer & the Seller (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. b) A duty of honest and fair dealing and good faith. - (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtainpdfrom the other parry which does not involve the affirmative duties set forth above. BUYER'S AGENT A selling agent can, with :a Buyer's Consent, agree to act as agent for the Buyer only. In these situations; the agent is not the Seller's agent, evemifbyagreemem the ' agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer. To the Buyer & Seller: (a) Diligent exercise of reasonable Skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. c) A.duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within: the diligent attention and observation of, the parties. - An agent is not obligated to reveal to eitherparly anyconfidential information ci "ned from the other parrywhich does not involve the affirmative duties sett forth above. AGENT REPRESENTING BOTH SELLER & BUYER A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either Seller or the Buyer. (b). Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or a Buyer from the responsibility to protect their own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read 'its contentseach time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of article 2.5 (commencing with Section 2373) of Chapter 2 of Title 9 of Part 4 of Division 3 of the Civil Code set forth on the reverse hereof. Read it carefully. IIWE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE. AGENT +a- �$.F%+- •.•r':rV °r..85 Sr+�. By -J /-A - C (Please Primi, (Associate Date Time AM /PM Date Time AM /PM L F•tG.S. -� Date xL i,6 'T3 • Disclosure form must be provided as follows: (a) From a Listing Agent to a Seller prior to entering into the listing. (b) From an Agent selling his/her own listing to a Buyer prior to execution of the offer. (c) From a Selling Agent to a Burr prior to execution of the offer. d) From Selling Agent to a Seller prior to presentation: of the offer. • onflrmation form must be provided as follows: (a) From a Listing Agent to a Seller prior to or at the time Seller executes the deposit receipt. (b) From an Agent selling his/her own listing to a Buyer prior to or at the time Buyer and Seller execute the deposit receipt. (C) From Selling Agent to a Buyer prior to or at the time Buyer and Seller execute the deposit receipt. (d) From a Selling Agent to a Seller prior to or at the time Buyer and Seller execute the deposit receipt. It not necessary nor required to confirm an agency relationship using this Confirmation form if the agency confirmation in the Real Estate Purchase Contract is properly completed infull. - Confirming;single agency with a Seller at the time of taking a listing could result in the need to amend the confirmation if the Agent subsequently represents both the Seller and the Buyer in the resulting transaction. Confirming dual agency with a Seller at the time of taking a listing could result in the need to amend the confirmation if the Agent subsequently represents the Seller exclusively in the resulting transaction. In order to avoid the need to amend the confirmation as outlined above, it issuggested that the confirmation bythe Listing Agent take place after the Buyer is located. CONFIRMATION REAL ESTATE AGENCY RELATIONSHIPS Subject Property Address 3Z_'S /Lla2s,Aic-* A,-&�J­6- I?Ao goa sr:- .Arlo. 7L66 Z The following agency relationship(s) is/am hereby confirmed for this transaction: LISTING AGENT. 2— o-1-7 6 0^ CSS - '�'"rL • SELLING AGENT, is the agent of (check one): (if not the same as Listing Agent) Athe Seller exclusively; or is the agent of (check one): ❑ both the Buyer and Seller ❑ the Buyer exclusively; or ❑ the Seller exclusively; or ❑ both the Buyer and Seller I/WE ACKNOWLEDGE RECEIPT OF COPY OF THIS CONFIRMATION.. Seller Date Buyer Date Seller Date Buyer Date. Listing Agent Itr4,1XI --r- � 0-2 J" By Date (Please Print) (Associate Licensee or Broker Signature) Selling Agent By Date Please Print) (Associate Licenses or Bmkar- Signature) THIS STANDARDIZED DOCUMENT FOR USE IN SIMPLE TRANSACTIONS HAS BEEN APPROVED BY THE CALIFORNIA. ASSOCIATION OF REALTORS- IN FORM ONLY NO REPRESENTATION IS MADE AS TO THE APPROVAL OF THE FORM OF ANY SUPPLEMENTS NOT CURRENTLY PUBLISHED BY THE CALIFORNIA ASSOCIATION OF REALTORS° OR THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION.. IT SHOULD NOT BE USED 1N COMPLEX TRANSACTIONS OR 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. This form is available for use by the entire . real estate industry The use of this form is not intended identity the user as a REALTOR• REALTORa is a registered C011edive membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS and who Subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the OFFICE USE ONLY unauthorized mpra0uction of this form by any means including facsimile or computerized formats l FRevyemad,,�)y Broker O/ D(Signee Copyright � 1989: CALIFORNIA ASSOCIATION of REALTORS• 525 South Virgil Avenue, Los Angeles; Calilorma 90020 Da 6yaeaNml REVISED. srez FORM AD- 11/AC -6 M -SEP -m (combined) EXCLUSIVE RIGHT TO SELL: I here employ and grant hereinafter called Broker," the exclF�R� and interieCable right commewd midnight on +g_9� , to sell or excli8 County of 0.9 r^ tJ 6 E TERMS OF SALE: The purchase price shall be 3. MULTIPLE LISTING SERVICE (MLS : Broker is a Participant of AIF— .l3 — A4L <A AS PSI Multiple Listing Service (MLS) and this listing information will be provided to the MILS to be published and disseminated to ftsParticipants in accordance with its Rules and Regulations. Broker is authorized to cooperate with other real estate brokers, to appoint subagents; and to report tllesafe, its price, terhts and financing torthe publicatipn, dissemination, information and use by authorized AssociationfBoard members, MLS Participants and Subscribers. 4. TITLE INSURANCE: Evidence of title shall be a Cafl mia Land Title Association policy of title insurance in the amount of the selling price. Notice: The amount or rate ot real estate commostonsIsnotfixedbylaw. TheyamsetbyeachBrokerindividuallyandmaybenegotiablebetweenthe Selier and Broker. 5. COMPENSATION TO BROKER: I hereby agree tttatur tpenests Broker, irrespectkte,of agency relationships , as follows: (a) y � percent of the selling price, or $ if iheproperty is soktdurmgthe term hereof, orany extension thereof, by Broker or through any other person, or by me on thatemrs herein set forth, or any other price and terms I may accept, or S(�Spercent of the price shown in 2, or dsaidpro (kAptyis withdrawn from sale`#ansf W'1conveyed,.1ii or rented without the Consent of Broker, ormade unmarketable by my voluntary act dunng the tarnr'h treof or any extension1 reof. (b) The compensation provided for in subparagteyth`( &) at re if property is sold; conveyed x aihanvisaliartsferredwithin calendar days after the termination of this authority or any eztenstorr tfleteDf to anyone with whom Broker has had negt#ralioits prior to final termination, provided I have received notice in writing, including the namesofdieprospeaiVe purchasers, before or upon terrain ofthis agreement or any Extension hereof. However, Ishall with another licensed real estate broker and a Sala; lease or exchange of the property is made during the term of said valid listing agreement. (c) I authorize, Brokerto cooperate with otherbrokeis, t6appointsubagerds, and todividewithotharbmkarseuch compensation inanymannaracaeprabletobrokers, (d) In the event of an exchange, permissli;;n isher'laby 0;6h Brokerto represent all parties and colfictotrinpiensation or commissions it= them, provided there is full disclosureto all principals of such agency. 8rdcerisauthodzedl rodrvide with other brokers suohoompensation orcommissions in anymanneracceplable to brokers. (e) Seller shall execute and deliver an escrow instruction irrevocably assigning Broker's comps rosin an amount equal to the compensation provided in subparagraph (a) ((above) from the Sellers proceeds. 6. DEPOSIT. Broker is authorized to accept and hold on Seller's behalf a deposit to be applied tows urchase price. 7. NOME PROTECTION PLAN: Seller is informed that home protection plans are a0ilable. Such plans may provide additional protection and benefit to a Seller and Buyer. Cost and coverage may vary. }6: KEYBOX; I authorize Broker to install a KEYBOX: tfo ltn YES (_J) NO O Refer to reverse side for important kkeeyybox information. 9. SIGN: Authorization to install a f-OR.SALE/SOLD .sign on the property: emm.n YES (J) NO (_J) 10. PEST CONTROL: Seller shalt furnish a current Structural Past Control Report of the main boildfhg ' '( . and all structures of the property, except analap YES ( 1�'^.- / ) NO (f ) 11. DISCLOSURE: Unless exempt, Seller shall provide a Real Estate Transfer Disclosure Statement concerning the condition of the property. I agreetO save and hold Broker harmless from all claims, disputes, litigation, and/orjudgments arising from any incorrect information supplied by me, or from any material fact known by me which 1 fail to disclose. (ine }12. TAX WITHHOLDING: Seller agreesto perform any act reasonably necessary tocarryout the provisions of FIRFIA, (Internal Revenue Code §1445) andCakfomia Revenue and Taxation Code § §16605 and 26131, and regulations promulgated thereunder. Refer to the reverse side for withholding provisions and exemptions 13. EQUAL HOUSING OPPORTUNITY: This property is o Bred in compliance with federal, state, and local anti - discrimination laws. 14. ARBITRATION OF DISPUTES: Any dispute or claim in law or equity arising out of this contract or any resulting transaction shall be dechm 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. 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 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 ;ined in Civil Code §2985 tb) an unlawful detainer action, (c► the Oling orerdorcemerd of a mecirartieh Ren, (d) any matter which Is within the dictioto which Cede of CEvll Procedure .1 or for order of attachment, receivers Injunction, or other provisional remedies, shall not censtitute a lrniver of the right ro arbitrate under the 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' PRGYlSWDECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE fiiVRtG 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 TINS ARKTRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE 10 SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION.' enman BROKER,( `) SELLER.:.,(_ `' J . ') 15. ATTORNEYS FEES: In any action, proceeding orarribitration arising out of this agreement, the prevailing party shall be entitled to reasDnatdeaftDnWsfees and costs. 16. ADDITIONAL TERMS: 17. ENTIRE AGREEMENT: I, the Seller, warrant that I am the owner of the property or have the authority to execute this agreement. The Seller and Broker further intend that this agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever maybe introduced in dnv judicial or arbitration proceeding, if any, involving this agreement. I acknowledge that I have read and understand this agreement, including the information on the rMr%Kslde, and have received a copy. Date ^./ %?-.'�, 19_ ). , Califomia Seller '' Address Seller P city State_ Tip f' ,S In consideration of thJ above, Broiler agAes to' use diligence in procuring purchaser. / — - Phone a Alf — 100 4 ,Real Estate Broker ! �JAj ism ✓ r— Hod t _L"<,r By Address 24/ ?A Cky,&e C1 rl.'ar u Date sz /z_F lR� PROVISION IN ANY SPECIFIC TRANSACTION. IT SHOULD NOT BE USED IN COMPLEX TRANSACRONSOR WITH EXTENSIVE RIDERS OR A00TITONS.' :.: A REAL .ESTATE BROKER IS THE PERSON OUALIFIEO;TD ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CpTL4UtT AN APPafM?flWEPt;ILL. This form is availatile for use by the emirs real estate industry The use of this form is not intended to identify the user as a REALTOR°. REALTOR* is a registered mRectire nremberalile Mara which may rM,alad rnFyMmal ebtare licensees who era member of the NATIONAL ASSOCIATION OF TIEALTORSs and who subscribe to its Code ol Ethics. } REFER TO REVERSE SIDE FOR ADDITIONAL INFORMATION. 'OFFICE USE ONLY TM capydghI laws or the United Stares (17 U.S. Cade) forbid the unauthorized - reproduction dNis farm by amy means including facsimile w computerized formats. Reviewed by Broker arDeargnee Copyright ©1888, CALIFORNIA ASSOCIATION OF REALTORS' 525 Si uth Virgr Avenue, Los Angeles, California 80020 FOAM A -14 REVIEWED MI - Iw- Pm -rvaz SELLER'S COPY 0 CHAPTER 2 OFTITLE 4 OF PART 4 O DIVISION 3 OF THE CIVIL CODE Article 2.5. Agency Relationships in Residential Real Property Transactions - ° "f'' 2373. As used in this article, the following terms have the following meanings: ` isir- (a) "Agent" means a person acting under provisions of this title in a real properly transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part of Division 4 of the Business &Professions Code, and under whgse license a listing is executed or an offer to purchase is obtained. flat "Associate licensee' means a person who is licensed as a real estate broke, a salesperson under Chapter 3lcommencing wW Secbon t 01.301 of Part 1 of Division 4 ofthe Business & Professions Code and who is either licensed under a broker or has ente-ea i:;a- ;.titan contract with a'arnkcr to act as the broker's agent in connection with acts requiring a real estate license and to function under.ffte broker's supervision in the capacity of ao assccate licansal The agent in the real property transaction bears responsibility for his or net assoc me Icensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller4fte is not a principal. in a real property transaction Thin duty is equivalent to the duty owed to that party by the *taker far wfiorn the associate licensee .functions. to) "Buyer" means a transferee in areal property transaction, and includes a person who executes an offer to purcha .eln p 1 er y homy i'e: through an agent, or who seeks the services of an agent in mule'nae a casual, trans". or preliminary manner. with the object of entering into a real p peryy eaneeraon. 'Buys * includes voodoo cr lessee (d) "Dual agent" means an agent acting, either directly or through an associate ficertsee, as agent for both the seller and the buyer in a real property transaction. let "Listing . agreement" means a contract between an owner a itat property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer (f) 'Listing agent' means a person who has obtained a listing of real property to actial n agent for compensation. (g) "Using price" is the amount expressed in dollars specified in the i sting :for wlach the seller is wilting to sell the real property through the listing agent. of "Offering price" is the amount expressed in dollars specified in an o "et to purchase for whit. ^, the buyer is willing to buy the real property. (ij "Offer to purchase" means a written contract executed by a buyer acting through a selling: agent which . becomes the contract for the sale of the real property upon acceptance by the seller. (jI "Real property" means any estate specified by subdivision (1) or (21 of Section 761 in property which constitutes or is improved with one to four dwelling units, any leasehold in this type of property exceeding one year's duration, and mobilehomes.'when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business & Proessions Code. - (kJ 'Real property transaction" means' atransaction.for the sale of real property in which an agent is employed by one or more of the principals to act In that transaction, and includes a listing or an offer to purchase. (1). "Sell, "sale, or "sold " refers toga transaction for the transfer of real property from be seller to the buyer, and includes exchanges at real property between the seller and buyer. transactions for the creation of a real property sales contract within the meaning of Section 2965, and transactions for the creation of a leasehold exceeding one year's duration. (in) 'Seller" means the translator In a real property transaction, and includes an owner who lists real property With an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. Seller" includes both a vendor and a lessor. (n) 'Selling agent'means a listing agent who acts aloft, "oran agent who acts In cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property. or an agent who locates property for a.buyer for the property for which no listing exists and presents an offer to purchase to the seller. (o) " Subagent' means a person to whom an agent delegates agency powers as provided in Article 5(commencing with Section 2349) of Chapter 1. However. "subagent" does not include an associate licensee who is acting under the supervision of an agent in a real property transaction. 2374.. Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy ofthe disclosure form specified in Section 2375, and, except as provided in subdivision fc). shall obtain a signed acknowledgement of receipt from that seller or buyer. except as provided in this section of Social 2374.5, as follows ". (a) The listing agent, it any, shall provide the disclosure form to the seller prior to entering thin the ns`Ing agreement: (b) The selling agent shall provide the disclosure form to the seller as soon as practicable prior to ore- `nWg the seller with an offer to purchase, unless the Selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision (al. it,! `Nhere the seltng actent -down ldealon a face- to- tace basis with the seller, the disclosure form .parad by the sellino agent may be furnished re, the seller a, d'acknowledgementof rece,probternedfa to .a;ngag i'.m ,.eseller)bythe lisiingagar+: or lhcseting agent may dohs fa, m:;cicsurelonp'rycertified met addrAssedlo the Soifer at his Erhef last known . address, in wiaich case no sight +(kri medgement or receipt is regwren. tot Tne selling agent shelf provide me disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase, except that it the offer to purchase is not - liLpaledbytheS2 business day affer the selling agent receives the Liver to purchase from thi, m''ler. 23745 canycvcumsstan_c: , niererd'JYP.nc,u..._ to S;y_y a..t :.x.c]o ..ent ofreceru pssi :so in Sect;`, Kq4 -the agent, co an assoc. ale licensee acting for an agent; shall set !U.i Sign and Oale n +, T : ,,. rota 1,, he li ,_ �' i , rrt•'vsal 23755:4, HY Soon aS a, ....Its: II _ace;ss shut1 ;saaet, ii1c .. lkiruOr whehhw live 5[ e,'tel. :.... Jn if f yelp :opeM transBdlon axe: fib.,., aE the buyers agent. e:¢as the ; a.,. y2. `. A -lnsl rice t,epre u ;ng oe+h.,.: :oiyei arothasealer ai:d ul s,,. nv; s *+,.s �� :.he „ ,eGtithe contracttopurc h'so arro still real prope[tyor in a seaebu4 wndu;g_ _. :.3 or avanOwleOged 4y the se ; :er.9he ouya-, and the Whop agent print is city ,::a iwen executon of that contrac.b'yme buyer and No Seller, respectively. it' . AS Soon asi) .a n „!he!is,..._ge:t 51all (- s::.as2Uthase'2rwhatrrerthe listing ac et), esenfing bet _t.yer hnd.>en. and jgrr<atoi ship shall be confirni the contre s it ar antl the 1:51'1.1 agehl pnef to or EemGdem wan me execution on that contract by the .) The confkrneUUn reoudrec cy subcsVSlrs+s hnJ and to) shall be in the Ipnowing fopn _ -is the agent of ccheck one;: l ]the seller exclusively; or j } :born the buyer and seller. act rg' :;he real pmpror, f!ansachon exclusvely as the selier's agent, or as a dual agent . rohasc ard'.i rejl poperty Orin a separate wilting erecu!ed or acknowledged by the Is the agent of (check one); ! i the buyer exclusively: or Ithe seller exclusively'. or I I both the cover andseiler. ftl) The disclosures and confirmation required by this section shall be- in addition to the disclosure required by Section: 2374. 2376 No selling agent in a real property transaction may act as an agent for the buyer only, when me selling agent is also acting as the listing agent in the transaction. 2377. The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinativebi a panicuian agency relationship between an agent and the selleror buyer. A listing agent and a selling agent may agree to share any " "compensation or commission paid. ur any right to any compensation or commission for which an obligation arises as the result of a. real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2378. Nothing . in this article prevents an agent from selecting, as a condition of agents employment. a specific form of agency relationship not Specfically prohibited by this article h the requirements of Section 2374 and Section 2375.5 are complied with. - 2379. A dual agent shall not disclose to (he buyer that the seller is willing to sell the property at a price less than the listing price. without the express written consent ofthe seller: Actual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the express written consent of the buyer This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2380. Nothing in this article precludes a listing agent from also being a selling: agent, and the combination of these functions in one agent does not, of itself, make that agent a dual agent. 2381. Acontract between the principal and agent may be modified or altered to change the agency relation ship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. 2382, Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers slid sellers by agents and their associate licensees. subagents . and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure. 4 8. KEYBOX:. Akeybox designed asa repository ofa key to the above prem Service (MLS), their authorized licensees and prospective buyers. lip .permission for use of the keybox. Neither listing nor selling broker. . ML9 to the use of keypoR::SELLER Is advised to verify the existence of. or will permit access to p*ftiterior of the premises by Participants of the Multiple-Listing tyris not seller occupied, seller shall be responsible for obtaining occupants' written W'dot REAL F is an iff6urer againstihef . loss, vandalism or damage attributed in,approptWiii:insurance through theit�giii .insurance broker. 12. TAX WITHHOLDING (aju'' er the Foreign Investment in Real Property Tax Act (F), IRC§ 1445, every Buyer oLU.S. real property must Unlessan exemption applies, deduct and with" Seller's proceeds 10% of the gross sales , rice. The primary FIRPTAexempiions are: No withholding is required if (if Se{(er provides Buyer with an affidaw u6der penalty of perjury, that Seller is not a foreign oerson. `or (ii) Seller provides Buyer with a "qualifying statement' issued by the Internal Revenue. Service. or (iii) Buyer purchases real property for use as a residence and the purchase price is $300,000 or lessand Buyer or a member of Buyer's family has definite plans to reside at the property for at least 50% of the number of days it is in use during each of the first two 12 -month periods after transfer. (b) In addition, under California Revenue and Taxation.Gode § §18805 and 26131. every Buyer must. unless an exemption applies. deduct and withhold from the Seller's proceeds 3�`;%of the gross sales price if the SAthas a last known street address outside of California, ocif the Sellers proceeds will be paid toa financial intermediary of the Seller. The primary exemptions are: ._. oidmgis required if( i) the Seller hasa homeowner's exemption lor [he subject property, for local pro pertytaxes, fortheyearin' whichthetitletransfersor(iijthr - yis selling for $ 100. 000or less. orfii) the Franchise Tax Board issues acertificate author rFJWii war amount or no withholding, or (iv) the Seller signs avit stating that the Seller is a Califonia resident or a corporation qualified to do business in CeiWia. (c) Seller and Buyer agree to execute and deliver as2directed any instrument. affidavit: or statement reasonably necessary to carry out those statutes and regulations promulgated thereunder: 14. ARBITRATION: Arbitration is the referral of a dispute to one or more impartial persons for final and binding determination. It is private and informal, designed for quick, practical. and inexpensive settlements. Arbitration is an orderly proceeding, governed by rules of procedure and standards otconduct prescribed bylaw. j. ENFORCEMENT OF ARBITRATION AGREEMENTS UNDER CALIFORNIA CODE OF CIVIL PROCEDURE SECTIONS 1281, 1282.4, 1283.1, 1283.05, 1287.4 & 1287.6 § 1281. A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irreversible, save upon such grounds as exist for the revocation of any contract. § 1282.4. A party to the arbitration has the right to be represented by an attorney at any proceeding or hearing in arbitration under this title. A waiver of this right may be revoked; but if a party revokes such waiver, the other party is entitled to a reasonable continuance for the purpose of procuring an attorney. § 1283.1. (a) All of the provisions of Section 1283.05 shall be conclusively deemed to be incorporated into, made a part of, and shall be applicable to, everyagreement to arbitrate any dispute, controversy, or issue arising out of or resulting from any injury to; or death of, a person caused by the wrongful act or neglect of another. (b) Only if the parties by their agreement so provide, may the provisions of Section 1283.05 be incorporated into, made a pert of, or made applicable to, any other arbitration agreement. § 1283.05. To the extent provided in Section 1283.1 depositions may be taken and discovery obtained in arbitration proceedings as follows: (a) After the appointment of the arbitrator or arbitrators, the parties to the arbitration shall have the right to take depositions and to obtain discovery regarding the subject matter of the arbitration, and, to that end, to use and exercise all of the same rights, remedies, and procedures, and be subject to all of the same duties, liabilities, and obligations in the arbitration with respect to the subject matter thereof, as provided in Chapter 2 (commencing with Section 1985) of, and Article 3 (commencing with Section 2016) of Chapter 3 of, Title 3 of Part 4 of this code, as if the subject matter of the arbitration.were pending in a civil action before a superior court of this state, subject to the limitations as to depositions set forth in subdivision (e) of this section. (b) The arbitrator or arbitrators themselves shall have power, in addition to the power of determining the merits of the arbitration, to enforce the rights, remedies, procedures, duties, liabilities, and obligations of discovery by the imposition of the same terms, conditions, consequences, liabilities, sanctions, and penalties as can be or may be imposed in like circumstances in a civil action by a superior court of this state under the provisions of this code, except the power to order the arrest or imprisonment of a person. (c) The arbitrator or arbitrators may consider, determine, and make such orders imposing such terms, conditions, consequences, liabilities, sanctions, and penalties, whenever necessary or appropriate at any time or stage in the course of the arbitration, and such orders shall be as conclusive, final, and enforceable as an arbitration award on the merits:. if the making of any such order that is equivalent to an award or correction of an award is subject to the same conditions, if any, as are applicable to the making of an award or correction of an award. (d) For the purpose of enforcing the duty to make discovery, to produce evidence or information, including books and records, and to produce persons to testily at a deposition or at a hearing, and to impose terms, conditions. consequences. liabilities, sanctions, and penalties upon a party for violation of any such duty, such party shall be deemed to include every affiliate of such party as defined in this section. For such purpose: (1) The personnel of every such affiliate shall be deemed to be the officers; directors, managing agents, agents, and employees of such party to the same degree as each of them, respectively, bears such status to such affiliate; and (2) The files, books, and records of every such affiliate shall be deemed to be in the possession and control of, and capable of production by, such party. As used in this section, "affiliate" of the party to the arbitration means and includes any party or person for whose immediate benefit the action or proceeding is prosecuted or defended, . or an officer, director, superintendent, member, agent, employee, or managing agent of such party or persons. (e) Depositions for discovery shall not be taken unless leave to do so is first granted by the arbitrator or arbitrators. § 1287.4. If an award is confirmed, . judgment shall be entered in conformity therewith. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, .a judgment in a civil action; and it may be enforced like any other judgment of the court in which it is entered. § 1287.6. An award that has not been confirmed or vacated has the same force and effect as a contract in writing between the parties to the arbitration. • 6 CITY COUNCIL AGENDA ITEM NO. 16 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER DECEMBER 13, 1993' TO: MAYOR AND CITY COUNCIL FROM: DEPUTY CITY MANAGER SUBJECT: OLD BALBOA ISLAND FIRE STATION 323 MARINE AVENUE ACTION: If desired, approve and authorize City Manager to execute a listing •agreement with Waterfront Homes, Inc., to sell the subject property for an asking price of $400,000 with a 4.75% commission. BACKGROUND: The appraised value of this property in 1989 was $285,000 to $320,000, and the Council previously approved its sale for $320,000. A potential sale for $400,000 which admittedly was an impulse purchase fell out of escrow due to lack of financing. Experience related to the River Avenue property indicates that the City is best served by employing a professional real estate broker. DISCUSSION: Waterfront Homes is located nearby at 315 Marine Avenue, is very familiar with the area, and proposes a very competitive commission. Rumbold Realty, also located on Marine Avenue, submitted a proposal at $370,000 with a 5% commission. The suggested listing price reflects Waterfront's belief that interest in the property warrants the higher price. The listing agreement would have a six month term. •RECOMMENDATION: Waterfront Homes is a reputable firm with long experience in the area. The Fire Department will be vacating the building in July 1994 and it is now time to sell the property. Staff recom ends the above cited action. lw i Kenneth J. Delino KJD:mb a TEL No.714 -640 -1732 READ AND APPROVED FOR PAY14FO BY Jul 5,94 20 :08 roe._.� No.011 P.02 NO. 8 -2687 ASBESTOS DETECTION, INC. 12862 Garden Grove Blvd.. Suite 220 • Garden Grove, CA 92843 • (714) 530 -1922 FAX (714) 530 -3756 PROPERTY 323 Marine Ave. BILL Rglidential E5Orow INSPECTED (Balboa Fire Station) TO 120 Newport Ctr, Dr. 0160 Newport Beach, Ca Newport Beach, CA 92 §§0 Escrow ¥153 -15MS TELEPHONE TELEPHONE ORDERED BY John Cummings (7141 631 -1400 ext. 242 TELEPHONE' ORDER TAKEN BY DATE TAKEN INSPECTED BY INSPECTION DATE INSPECTION TIME RF 13 -8 -94 I CA I 3 -10 -94 I 10:00 A.M. SERVICE REQUESTED: _STANDARD RES' _A.H.E.R.A. INSPECTION _OTHER SPECIAL INSTRUCTIONS: DENTIAL INSPECTION _LIMITED BUILDING SURVEY _AIR MONITORING DEMOLITION INSPECTION Provided By: Authorization for air epmples: Yes, No xx ASBESTOS DETECTION, INC. shall perform the service hereinabove requested. ASBESTOS DETECTION, INC. makes no express or implied warranties concerning the physical composition of any material other than the sample(e) which are the subject of microscopic analysis. ASBESTOS DETECTION, INC. makes no express or implied warranties concerning the health effects, or potential health effects, resulting from exposure to any material inspected or microscopically analyzed, or from any fiber count determined during said service. All microscopic examinations are conducted pursuant to procedures established by the entities referred to on the Laboratory Analysis Report; and Said examinations are performed solely by technicians certified in the performance of such operations. ASBESTOS DETECTION, INC. shall not be liable for any claims or damage$ arising from the services rendered with the exception of claims for physical property damage caused by the company at the time of on -site inspections. STATEMENT OF SERVICES Personnel and Report Fee Laboratory Analysis 7 Bulk Samples @ _5.25.00 Air Samples @ Mail to: S__125.00 8.175,00 1�"�q I- TOTAL CHARGES $ 39g.00 AMOUNT PAID S -0- BALANCE DUE S 300.00 --------------------------------------------------------- Please detach and return with remittance NO. 8- 2687 ASBESTOS DETECTIONe INC. 12862 Garden Grove B1Vd.,Suite 220:,.., Garden Grove, CA. 92643 TOTAL PAYMENT S REAL.ESTATE TRANSFER DISCLOSURE STATEMENT ... i. :(CALIFORNIA CIVIL CODE 1102, ET SEO.) - ❑ .; CALIFORMA'ASSOCIATION OF REALTORS® (CAR) STANDARD FORM - THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF Nr �r %/gJyG[ -f COUNTY OF 072r4rf� �" STATE OF CALIFORNIA, DESCRIBED AS 3 Z3 , "IS- `7"2 46:E THIS STATEMENT ISA DISCLOSURE OF THE CONDITION OFTHEA6 VEDESCRIBEDPROPERTYINCOMPLIANCE WITf14ECTION 1102 OF THE CIVIL CODE AS OF 19. IT IS NOT A WARRANTY OF A , D.BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND 1 SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. COORDINATION WITH OTHER DISCLOSURE FORMS This Real Estate Transfer Disclosure Statement is made pursuant to Section 1102 of the Civil Code. Other statutes require disclosures, depending upon the details Of the particular real estate transaction (for example: special study zone and purchase -money liens on residential property). Substituted Disclosures: The following disclosures have or will be in connection with this real estate transfer, and are intended to satisfy the disclosure obligations on this form, where the subject matter is the same: SELLER W ORMATION The Seller discloses the following informatton iIiihtheknowledget6ateventhoughthisIsnotawarTanty ,prospectiveBuyersmayrelyonthis information in deciding whether and On 'terms to purchase the subject property: Seltar hereby authorizes any agent(s) representing any principal(s) in this transaction to prmlMea. copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.. THE FOLLOWING ARE REPRESENT ,MADE BY THE SELLER(S) AND ARC CIIOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS I IS -A DISCLOSURE AND IS N.Of "INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYERJi:SfLLER. Seller ❑ is ❑ is not occupying the property. A. The subject property has the items cchh ked below (read across): L1 Range LI Oven ❑ Dishwasher ❑ Trash Compactor ❑ Washer /Dryer Hookups nQMindow Screens ❑ Burglar Alarms M smoke Detector(s) ❑ TV. Antenna ❑ Satellite Dish ❑ Central Heating ❑ Central Air Conditioning ❑ Wall/Window Air Conditioning ❑ Sprinklers ❑ Septic Tank ❑ Sump Pump ❑ Patio/Decking ❑ Built -in Barbeque ❑ Sauna ❑ Pool ❑ Security Gate(s) Q' Automatic Garage Door Opener(s)* Garage: Attached ❑ Not Attached Pool /Spa Heater: p Gas ❑Solar Water Heater: MGas ❑ Solar Water Supply: City ❑ Well Gas Supply: Utility ❑ Bottled Exhaust Fan(s) in 220 Volt Wiring Fireplace(s) in ❑ Gas Starter ❑ Roof(s): Type: ❑ Other: ❑ Microwave ❑ Garbage Disposal ❑ Rain Gutters ❑ Fire Alarm ❑ Intercom ❑ Evaporator Cooler(s) B'Public Sewer System ❑ water Softener ❑ Gazebo ❑ Spa ❑ Hot Tub ❑ Number of Remote Controls ❑ Carport ❑ Electric ❑ Electric ❑ Private Utility ❑ Other Are there, to the best of your (Seller's) knowledge, any of the above that are not in operating condition? ❑ Yes describe. (Attach additional sheets if necessary): (approx.) If yes, then B. Are you (Seller) aware of any significant defects /malfunctions In any of the following? L"Yes ❑ No If yes, check appropriate space(s) below. ❑ Interior Walls ❑ Ceilings ❑ Floors ❑ Exteriorwalls ❑ Insulation ❑ Roof(s) ❑ Windows ❑ Doors ❑ Foundation ❑ Slab(s) ❑ Driveways ❑ Sidewalks ❑ walls/Fences ❑ Electrical Systems ❑ Plumbing/Sewers/Septics ❑ Other Structural Components If any of the above is checked, explain. (Attach additional sheets if necessary): *This garage door Opener may not be in compliance with the safety standards relating to automatic reversing devices as set forth in Chapter 12.5 (commencing with Section 19890) of Part 3 of Division 13 of the Health and Safety Code. Buyer and Seller acknowledge receipt of copy Of this page, which constitutes Page 1 of 2 Pages. Buyer's Initials --). =( ) OFFICE USE ONLY CwrigM© 1990. CALIFORNIA ASSOCIATION OF REALTORS' BROKER'S COPY Reviewed by Broker or Designee 925 South Virgil Avenue. Lae Angeles, Calm 16'90020 IRP 9T801:v IN COMPLIANCE WITH CIVIL CODE SECTION 1102.0 / EFFECTIVE JULY 1, 1991. Date SAL ESTATE TRANSFER DISCLOSURE -STATEMENT (TDS -1t PAW 1 OF 21 aiiia WAS REAL,ESTATE TRANSFER DISCLOPPRE'STATEMENT �. (CALIFORNIA CIVIL CODE 1102, I IA ASSOG ATM OF.REALMAS® (CAR) STANDARD FORM - THIS DISCLOSURE STATEMENT ONCE iHE'REAL PROPERTY SITUATED'IN THE CITY OF COU IrOF STATE OF CALIFORNIA, DESCRIBED AS 32-3 h" t L6GZ THIS STATEMENT ISADISCLOSURE'OF THE C NDITION fr- MEABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH SECTION 1102 OF THE CIVIL CODE AS OF 19_. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OWANY AGENT(S) REPRESENTING ANY'PRINCIPAL(S) lit.-THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS .OR WARRANTIES THE PRINCIPAL(S)1NAY WISH TO OBTAIN: r` COORDINATION WITH OTHER DISCLOSURE FORMS This Real Estate Transfer Disclosure Statement is made pursuant to Section 1102 of the Civil Code. Other statutes requlradisclosuresi depending upon the details of the - particular real estate transaction (for example: special study zone and purchase -money, liens on residential property). Substituted Disclosures: The4ollowing disclosures have or will be in connection with this real estate transfer, and are intended to satisfy the disclosure obligations on this form, where the subject matter is the same: it SELLER.W"bWORMATION The Seller discloses the following information with the knowledge that even though this is not a warranty; prospective Buyers may rely on this information in deciding whether and on wfiatiferms:ro purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s)in this transaction to prowdea opy of this statement to any person or entity in connection with any actual oranticipated sale of the property. THE FOkLOWING ARE REPRESENZWK M. MADE BY THE SELLER(%AND ARE NOT THE REPRESENTAnOW'�oF. THE AGEI(T(S), IF ANY. THIS INFT1pN IS,ik.01SCLOSURE AND IS NOT INTENDED TO BE PART CONTRA&VETWEEN THE BUYER AND SELLER. Seller ❑ is .d is not occupying the property. A.. The subject property has the items c�h(f_Cked below (read across): I, L7 Range LJ Oven A ❑ Microwave P ❑ Dishwasher ❑ Trash Compactor ❑ Garbage Disposal ❑ Washer/Dryer Hookups Ind El Screens Rain Gutters r El Burglar Alarms �moke Detector(s) ❑ Fire Alarm ❑ T.V. Antenna ❑ Satellite Dish ❑ Intercom ❑ Central Heating 'Central Air Conditioning . ❑3 Evapora r(s) El Wall/Window Air Conditioning ❑ Sprinklers ff erSystem ❑ Septic Tank ❑ Sunk Pump ❑ Water Softener ❑ Patio/Docking ❑ Built -in Sgrbeque. ❑ Gazebo ❑ Sauna ❑ 1 °,„ ❑ Spa ❑ Hot Tub . O Security Gates) Automatic Gara'* r Opener(s)* ❑ Number of Remote Controls Garage: (!Attached ❑ Not Attached < Pool /Spa Heater:p Gas ❑ Solar ❑ Water Heater. ff) as Solar Water Supply: City ❑ Well Gas Supply! Utility ❑ Bottled ExhaustFan(s) in 220 Volt Wiring Fireplace(s) in ❑ Gas Starter ❑ Roof(s): Type: ' ❑ Other: ❑ Carport ❑ Elgctric ❑ Electric ❑ Private Utility ❑ Other Are there, to the best of your (Seller's) knowledge, any of the,above that are not in operating condition? ❑ Yes E°f No - If Yes,-then describe. (Attach additional sheets if necessary.): B. Are you (Seller) aware of any significantdefects/ malf unctions in any ofthefollowing? ErYlea ❑No Ifyes,check appropriate spaces) below. Q Interior Walls ❑ Ceilings ❑ Floors ❑ Exterior Walls ❑ Insulation ❑ Roof(s) ❑ Windows ❑ Doors ❑ Fountetion ❑ Slab(s) ❑ Driveways ❑ Sidewalks ❑ Walls/Fences-\C3 Electrical Systems ❑ Plumbing /Sewers/Septics ❑ Other Structural Components If any of the above is checked, explain. (Attach additional sheets if necessary): *This garage door opener may not be in compliance with the safety standards relating to automatic reversing, s as set forth in Chapter 12.5 (commencing with Section 19890) of Part 3. of Division 13 of the Health and Safety Code. Buyer and Seller acknowledge receipt of p copy. of this;page, which constitutes Page 1 of 2'Pages. Buyer's Initials ( ) ( ) Seller's Initials OFFICE USE ONLY wy 9 BUYER'S COPY Y g n C r1 South 1990. CALIFORNIA ASSOCIATION aEALT'ORS* Reviewed Broker or Designee i 525 South Vn911 Avenue, Los Angela's; C "a9t8m16 90020 oI`vogrueiiv IN COMPLIANCE WITH CIVIL CODE SECTION 1102.6 / EFFECTIVE JULY 1, 1991. D619. �.-.. UF.nPF:93 CALIFORNIA -- ASS OCIAFI9N OF REAL TOGS ■ THIS DISCLOSURE STATEMENT /->,-- nc...e 1 ATE TRANSFER DISCLOSIRE STATEMENT T _ (CAUFORM CIVIL CODE 1102, EA C) ASSOCIATION OF REALTORS® (CARi"SIANQgpp THE REAL PROPERTY SITUATED:IN THE CITY OF_ 1 Y OF .. cpt. cTATF DESCRIBED AS -S Z- s M/l,t 'X THIS STATEMENT IS A DISCLOSURE OF THE C01 WITH SECTION 1102 OF THE CIVIL CODE AS OF OF ANY KIND BY THE SELLER(S).OR ANY AGEN AND IS NOT A SUBSTITUTE FOR ANY INSPECTI CALIFORNIA,. THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE , 19. IT IS NOT A. WARRANTY ING ANY PRINCIPAL(S)IN THIS TRANSACTION, NT,IES THE PRINCIPAL(S) MAY WISH TO OBTAIN.' . COORDINATION WITH OTHER DISCLOSURE FORMS This Real Estate Transfer Disclosure Statement is made pursuant to Section 1102 of the Civil Code. Other statutes require disclosures, depending upon the details of the particular real estate.transaction (for example: special study zone and purchase -money liens an residential property). Substituted Disclosures: The following disclosures havea•will be in connection with this real estate transfer, -and are intended to satisfy the disclosure Obligations on this form, where the subject.matteris the same: The Seller discloses the following informatlon*411t.the knowledge that even"lli Otis is not a warranty, prospective Buyers may rely on this information in deciding whether and on what tsrmblopurchase the subje)gkoiroperty. Seller hereby authorizes any agent(s) representing an y principal (s) In this transaction to pnovIde;b4o0y4f this statement to' 8rypemon or entity in Connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS-MADE BY THE SELLER(S) AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFOF001TION'IS A DISCLOSURE AND IS NOT':INTENDED TO BE' PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. Seller ❑ is ❑ is not Occupying the property. A. The subject property has the items ,chh$cked below (read across): L"f Ran a Cl n g Oven Microwave ❑ Dishwasher ❑ Trash Compactor ❑ Garbage Disposal ❑ Washer /Dryer Hookups Indow Screens ❑ Rain Gutters ❑ Burglar Alarms Smoke Detector(s) ❑ Fire Alarm ❑ T.V. Antenna ❑ Satellite Dish ❑ Intercom ❑ Central Heating ❑. Central Air Conditioning ❑ Evapor!L% r(s) ❑ Wall/Window Air Conditioning ❑ Sprinklers I _vbW`Sewerr System ❑ Septic Tank ❑ Sump Pump ❑ Water Softener ❑ Patio /Decking ❑ Built -in Barbeque ❑ Gazebo ❑ Sauna [],Pool ❑ Spa ❑ Hot Tub ❑ Security Gale(s) 11 Automatic Garage Door Opener(s)* ❑ Number of Remote Controls ' Garage: Attached ❑ Not Attached ❑ Carport Pool /Spa Heater: ,O Gas ❑ Solar ❑ Electric Water Heater/Mas ❑Solar ❑Electric Water Supplyity ❑ Well ❑ Private Utility ❑ Other Gas Supply: lity ❑ Bottled Exhaust Fan(s) in 220 Volt Wiring in Fireplace(s) in ❑ Gas Starter ❑ Roof(s): Type: Age: (approx.) ❑ Other: Are there, to the best of your (Seller's) knowledge, any of the above that are not in operating condition? ❑ Yes No If yes, then describe. (Attach additional shoots if necessary.): B. Are you (Seller) aware of any significant defects /malfunctions in any of the following? Yes ❑ No It yes, check appropriate space(s) below. ❑ InteflorWWIs ❑ Collings ❑ Floors ❑ EMeriorWalls ❑ Insulation ❑ Roof(s) ❑ Windows ❑Doors ❑ Foundation ❑ Slab(s) ❑ Driveways ❑ Sidewalks ❑ Walls /Fences' Electrical Systems. ❑ Plumbing /Sewers/Septics ❑ Other Structural Components (Des Ibe: y `• T: Z Ji (E>-;yS !✓A 5 CDA/Sf7CJ<7`E',�! Tb / YSO S7A-N1nAC>S. ) If any of the above is checked, explain. (Attach additional sheets if necessary): *This garage door opener may not be in compliance with the safety standards relating to automatic reversing devices as set forth in Chapter 125 (commencing with Section 19890) of Part 3 of Division 13 of the Health and Safety Code. Buyer and Seller acknowledge receipt of copy<g( lump ®e, which constitutes Page t of 2 Pages. Buyer's Initials ( ) '( ) Sellers TnIo OFFICE USE ONLY CopyrigMQ 1990, CAUFORNA ASSOCIATION OF REALTORS* SELLER'S COPY Reviewed by Broker or Designee 5 525 South Virgil Avenue, Los An9ele6, CaliMmLa'900'N - DdIO OPVOArUN11v IN COMPLIANCE WITH CIVIL CODE SECTION 1192.6 / EFFECTIVE JULY 1, 1991. eFArP.b9 REAL ESTATE TRANSFER DISCLOSURE STATEMENT REAL ESTATE TRANSFER DISCLOSPRE STATEMENT (CALIFORNIA CIVIL CODE 1102, ET-sEO.) ❑ CALIFORNIA ASSOCIATION OF REALTORSe(CAR) STANDARD FORM THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF COUNTY OF✓W Sri.. STATE OF CALIFORNIA, DESCRIBED AS 3 M/t f1 w- -1 • �• c` /� - '7 T_! C THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OFTHE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH SECTION 1102 OF THE CIVIL CODE AS OF , 19. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. COORDINATION WITH OTHER DISCLOSURE FORMS This Real Estate Transfer Disclosure Statement is made pursuant to Section 1102 of the Civil Code. Other statutes require disclosures, depending upon the details of the particular real estate transaction (for example: special study zone and purchase -money liens on residential property). Substituted Disclosures: The following disclosures have or will be in connection with this real estate transfer, and are intended to satisfy the disclosure obligations on this form, where the subject matter is the same: (LISTALL SUBSTITUTED OISCLA RE FORMS 10 BE USED IN CONNECTION WITH THIS TRANSACTION) ,� 11 SELLER'S INFORMATION The Seller discloses the following information with the knowledge that even though this is not awarranty, prospective Buyers may relyon this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity In connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. Seller ❑ is ❑ is not occupying the property. A. The subject property has the Items c cked below (read across): N Range Oven ❑ Dishwasher ❑ Trash Compactor ❑ Washer /Dryer Hookups gw endow Screens ❑ Burglar Alarms ff) Smoke Detectors) ❑ TV Antenna ❑ Satellite Dish El Central Heating ❑ Central Air Conditioning ❑ Wall/Window Air Conditioning ❑ Sprinklers ❑ Septic Tank ❑ Sump Pump ❑ Patio/Decking ❑ Built -in Barbeque ❑ Sauna ❑/Pool ❑ Security Gate(s) 15 Automatic Garage Door Opener(s)* Garage: ErAttached ❑ Not Attached Pool /Spa Heater:,? Gas ❑ Solar Water Heater: El as ❑ Solar Water Supply: City ❑ Well Gas Supply: Utility ❑ Bottled Exhaust Fan(s) in 220 Volt Wiring it ❑ Microwave ❑ Garbage Disposal ❑ Rain Gutters ❑ Fire Alarm ❑ Intercom ❑ Evaporator Cooler(s) Public Sewer System ❑ Water Softener ❑ Gazebo ❑ Spa ❑ Hot Tub ❑ Number of Remote Controls ❑ Carport ❑ Electric ❑ Electric ❑ Private Utility ❑ Other Fireplace(s) in ❑ Gas Starter ❑ Roof(s): Type: Age: (approx.) ❑ Other: Are there, to the best of your (Seller's) knowledge, any of the above that are not in operating condition? ❑ Yes KNo If yes, then describe. (Attach additional sheets if necessary.): B. Are you (Seller) aware of any significant defects/malfunctions in any of the following? LPrYes ❑ No Ryes, check appropriate space(s) below. ❑.Interiorwalls ❑ Ceilings ❑ Floors ❑ EzteriorWalls ❑ Insulation ❑ Roof(s) ❑ Windows ❑ Doors ❑ Foundation ❑ Slab(s) ❑ Driveways ❑ Sidewalks ❑ Walls /Fences ❑ Electrical Systems ❑ Plumbing /Sewers/Septics ❑ Other Structural Components If any of the above is checked, explain. (Attach additional sheets if necessary): *This garage door opener may not be in compliance with the safety standards relating to automatic reversing devices as set forth in Chapter 12.5 (commencing with Section 19890) of Part 3 of Division 13 of the Health and Safety Code. Buye"nd Seller acknowledge receipt of copy- of.thIk.,p4a e, which const' tes Page 1 of.2.Bages. Buyer's Initials ( ) ( ifRA ) Seller's In °' .) T- ) - i OFFICE USE ONLY Copyright© 1990, CALIFORNIA ASSOCIATION OF REALTORS® QUADRUPLICATE Reviewed by Broker or Designee 525 South yirgll Avenue. Los Angeles, CelOomle 90020 [wrrxoumc IN COMPLIANCE WITN S CIVIL CODEEC71ON 1102.6 / EFFECTIVE JULY 1, 1991. Date ewpsrunm OF -APR9! REAL ESTATE TRANSFER DISCLnSUM&' cT X —_NT Subject Property Address: Z3 /3 7 Z G Z V—/ : 19 , C. Are you (Seller) aware of any of the following: 1. Substances, materials, or products which may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon gas, lead -based paint, fuel or chemical storage tanks, and contaminated soil or water on the subject property ................................................ ............................... ❑ Yes ❑ No 2. features of the property shared in common with adjoining landowners, such as walls, fences, and driveways, whose use or responsibility for maintenance may have an effect on the subject property ...................... ❑ Yes ❑ No 3. Any encroachments, easements or similar matters that may affect your interest in the Subject property. ......... ❑ Yes ❑ No 4. Room additions, structural modifications, or other alterations or repairs made without necessary permits. ....... ❑ Yes ❑ No 5. Room additions, structural modifications, or other alterations or repairs not in compliance with building codes. ... ❑ Yes ❑ No 6. Landfill (compacted or otherwise) on the property or any portion thereof . .. ............................... ❑ Yes 0-No 7. Any settling from any cause, or slippage, sliding, or other soil problems .... ............................... ❑ Yes ❑ No 8. Flooding, drainage or grading problems ............................. ............................... El Yes 11 No 9. Major damage to the property or any of the structures from fire, earthquake, floods, or landslides ............... ❑ Yes ❑ No 10. Any zoning violations, nonconforming uses, violations of "setback" requirements ........................... ❑ Yes ❑ No 11. Neighborhood noise problems or other nuisances ..................... ............................... ❑ Yes ❑ No 12. CC &R's or other deed restrictions or obligations . ..................... ............................... ❑ Yes ❑ No 13. Homeowners' Association which has any authority over the subject property ............................... ❑ Yes ❑ No 14, Any "common area" (facilities such as pools, tennis courts, walkways, or other areas co -owned in undivided interest with others).. . ..: .... ...........:...::............. ............................... ❑ Yes ❑ No 15. Any notices of abatement or citations against the property.. .................. . ........................ ❑ Yes ❑ No 16. Any lawsuits against the seller ing to or affectingfllfe real property . . ............................. ❑ Yes ❑ No If the answer to any of these is yes, explain; {Attach additionalshe" if necessary.): Seller certifies that the information ltsrn n is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. 111 AGENT'S INSPECTION DISCLOSURE (To be completed only if the seller is represented by an agent in this transaction.) THE UNDERSIGNED, BASED ON THE ABOVE INQUIRY OF THE SELLER(S) AS TO THE CONDITION OF THE PROPERTY AND BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY IN CONJUNCTION WITH THAT INQUIRY, STATES THE FOLLOWING: ST7t,scr.r+ nlrr'T �> ta�S r i Li �s c_�T �rc� Colt 1ZE� ez fug ION(i / ��ai -S Tl� ri��T. i�N -/5�� _S.�lasrTza�! /F ✓d. x,47 -YZ,J Agent (Broker Representing Z /_3�_ /9 `f IV AGENT'S' INSPECTION DISCLOSURE (To be completed only if the agent who has obtained the offer is other than the agent above.) THE UNDERSIGNED, BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY, STATES THE FOLLOWING: Agent (Broker obtaining the Offer) By Date (PLEASE PRINT) (ASSOCIATE LICENSEE OR BROKER-SIGNATURE) V BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND /OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER AND SELLER(S) WITH RESPECT TO ANY ADVICE /INSPECTIONS /DEFECTS. I /WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. Buyer Buyer. Agent (Broker Representing Date Agent (Broker obtaining the Offer) By Date (PLEASE PRINT) (ASSOCIATE LICENSEE .ORBROKER-SIGNAR1RE) A REAL ESTATE BROKER IS OUALIFIED TO ADVISE ON REAL ESTATE, IF YOU DESIRE LEGAL. ADVICE, CONSULT YOUR ATTORNEY. .e RFJ,LroR®REAOOa_ BROKER':SCOPY emm,xsn.ws. rnow memovm w.vN tr,V+AVx.ruel�sv - aEAUOe OFFICE USE ONLY r Copyright© 1890, CALIFORNIA. ASSOCIATION OF REALTORS" Revfawed by BfDkBf Of DBSigOBB 11 525 South Virgil Avenue. Los Angeles. California 9DD20 Dele Page 2 of Pages. OF -MP:B3 REAL ESTATE'TFf NT (TDS -14 PAGE 2 OF 2) 3 Z � / `/l R i "^` /S�r•. T 7 2 G—' 6 Subject Property Address: . 19 C. Are you (Seller) aware of any of the following: 1. Substances, aWterials, or products which maybe an environ ental hazard such as, but not limited to, asbestos, ,, and contaminated soil or-water on the fo7maldehyderraden lead, -wed paint, fuel or hems stoFaye tanf)S �a a. /.._: .. r ,_ ... p pert.... .....,. ............ subject property ❑ Yes ❑ No 2. Features of the property shared in common with adjoining landowners, such as walls, fences, and driveways, whose use or responsibility for maintenance may have an effect on the subject property ...................... ❑ Yes ❑ No 3. Any encroachments, easements onsimilar matters that may affect your interest in the subject property . ......... ❑ Yes ❑ No 4. Room additions, structural modifications, or other alterations or repairs made without necessary permits. ....... ❑ Yes ❑ No 5. Room additions, structural modifications, or other alterations or repairs not in compliance with building codes.... ❑ Yes ❑ No 6. landfill (compacted or otherwise) on the property or any portion thereof . .. ............................... ❑ Yes ❑ No 7. Any settling from any cause, or slippage, sliding, or other soil problems .... ............................... ❑ Yes ❑ No 8. Flooding, drainage or grading problems ............................. ............................... ❑ Yes ❑ No 9. Major damage to the property or any of the structures from fire, earthquake, floods, or landslides ............... ❑ Yes ❑ No 10. Any zonfny;vtolations, nonconforming uses; violations of "Setback" requirements ........................... ❑ Yes ❑ No 11. Neighbaltftood noise problems or other nuisances .................... . . ............................... C3 Yes ❑ No 12. CC &R's or other deed restrictions or obligations . ...................... ............................... ❑ Yes ❑ No 13. Homeowners' Association which has any authority over the subject property .............................. ❑ Yes ❑ No 14. Any "common area" (facilities such as pools, tennis courts, walkways, or other areas co-owned in undivided interest with others) ......... . ...........::::, .,:........... ............................... ❑ Yes ❑ No 15. Any notices of abatement or citations against the pro pert :`r ............ ............... El Yes ❑ No 16. Any lawsuits against the sellerthreatenlhg =to or affecting this real property . ............................... ❑ Yes ❑ No If the answer to any of these is yes, explain. (Attsfch additional sheets if necessary.) Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. 7 III AGENT'S INSPECTION DISCLOSURE (To be completed only If the seller is represented by an agent in this transaction.) THE UNDERSIGNED, BASED ON THE ABOVE INQUIRY OF THE SELLER(S) AS TO THE CONDITION OF THE PROPERTY AND BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY IN CONJUNCTION WITH THAT INQUIRY, STATES THE FOLLOWING: /'>Ni] /�Cat�tTY��iS �h�r %. sJ- tSS�s'�_ <. >?�5C'f_ra,.! /E ✓llc�/�il� Agent (Broker . fl' p Z / Representing Seller) (PLEASEr4 B (AOATELICENSE �7 T ORBROKER- SIGNATURE) IV AGENT'S INSPECTION DISCLOSURE (To be completed only if th agent who has obtained the offer is Other than the agent above.) THE UNDERSIGNED, BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY, STATES THE FOLLOWING: Agent (Broker obtaining the Offer) By Date (PLEASE PRINT) (ASSOCIATE LICENSE–E-011 . BROKE IGNAWRE V BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND /OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEENrBttYER AND SELLER(S) WITH RESPECT TO ANY ADVICE /INSPECTIONS /DEFECTS. I /WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. Sell aI Date Buyer Seller Date Buyer Agent (Broker i Representing Seller) �°"`T� °r5•LBy�" ll G^^'^1H�S Date Z (3 Agent (Broker obtaining the Offer) By Date (PLEASE PRINT) 7 OCIATE:LICENSEE OR BROKERSIGNA7URE A REAL ESTATE BRdkER IS OUALIFIED TO ADVISE ON REAL. ESTATE. IF YOU DESIRE LEGAL ADVICE_, CONSULT_YOUR ATTORNEY. BUY'S COPY '' OFFICE USE ONLY Copyright© 1990, CALIFORNIA. ASSOCIATION OF REALTORS° Reviewed by Broker or Designee 525 South Virgil Avenue. Los Angeles, California 90020 Page 2 of .Pages. Date we= IIFAPR. -9a REAL ESTATE T (TDS -14 PAGE 2 OF 21 Subject Property Address: -3 Z 1A l%l12 �.:' `7 Z GG Z Z / 74 19 C. Are you (Seller) aware of any of the following: 1. Substances, m@terials, or products which may be an environmental hazard such as, but not limited to, asbestos, fdrrrialdehyde,radlin gas„lea .ba(sed paint fuel or Fhemldal storage tanks and contaminated soil or-water on the subjectproperty....... ............................ ......... ................. E] Yes ❑ No 2. Features of the property shared in common with adjoining landowners, such as walls, fences, and driveways, whose use or responsibility for maintenance may have an effect on the subject property ...................... ❑ Yes ❑ NO 3. Any encroachments, easements or similar matters that may affect your interest in the subject property. ......... ❑ Yes ❑ No 4. Room additions, structural modifications, Or other alterations or repairs made without necessary permits. ....... ❑ Yes ❑ NO 5. Room additions, structural modifications, or other alterations or repairs not in compliance with building codes. ...El Yes ❑ NO 6. Landfill (compacted or otherwise) on the property or any portion thereof . .. ............................... ❑ Yes ❑ No 7. Any settling from any cause, or slippage, sliding, or other soil problems .... ............................... ❑ Yes ❑ No 8. Flooding, drainage or grading problems ............................. ............................... ❑ Yes ❑ No 9. Major damage to the property or any of the structures from fire, earthquake, floods, or landslides ............... ❑ Yes ❑ NO 10. Any zoning violations, nonconforming uses, violations of "setback" requirements ........................... ❑ Yes ❑ No 11. Neighborhood noise problems or other nuisances ..................... ............................... ❑ Yes ❑ No 12. CC &R's or other deed restrictions or obligations . ..................... ............................... ❑ Yes ❑ No 13. Homeowners' Association which has any authority over the subject property ............................... ❑ Yes ❑ No 14. Any "common area" (facilities such as pools, tennis courts, walkways, or other areas co -owned in undivided interest with others).. : .................. . .............. ............................... ❑ Yea ❑ NO 15. Any notices of abatement or citations against the proprty .................... ...........:.......:..... El Yes ❑ No 16. Any lawsuits against the seller threateningto or affecting this real property . ............................... ❑ Yes ❑ No If the answer to any of these is yes, explain. (Attach additional sheets if necessary.): Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. III AGENT'S INSPECTION DISCLOSURE (To be completed only if the seller is represented by an agent in this transaction.) THE UNDERSIGNED, BASED ON THE,ABOVE INQUIRY OF THE SELLER(S) AS TO THE CONDITION OF THE PROPERTY AND BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY IN CONJUNCTION WITH THAT INQUIRY, STATES THE FOLLOWING: f: Ci:'Si , G, `�jTR.�c�'�i2a _ /l%, -.' G >R- I1c.:. -� -T'" 13. re r-,;L tis c- Co/Z. %lE =vki7 �"?EnA� /�/�r7 /z`u"h1cTZ�S TL` -T (�,. a.I� i �f'l'S.l'cs!1L = ..�TL.E-T_.�.�! /E.V![�v/+ie�r✓ Agent (Broker Representing Seller) CJnTt=!4 ' //? /sue IV AGENT'S INSPECTION DISCLOSURE (To be completed only If th ' agent who has obtained the offer is other than the agent above.) THE UNDERSIGNED, BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY, STATES THE FOLLOWING: Agent (Broker obtaining the Offer) By Date (PLEASE PRINT) (ASSOCIATE .LICENSEE OR BROKER-SIGNATURE) V BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND /OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN QUYER AND SELLER(S) WITH RESPECT TO ANY ADVICE /INSPECTIONS /DEFECTS. I I /WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. Date Buyer `6�. Date Agent (Broker _ t11 Representing Seller) t'" `�'�r�7�°"`7°r^`5., By ,f`"/" (- .^"!�^AZ'"G Date z t� �7 (PLEASE PRINT) (ASSOCIATE LICENSEE OR BR ERSIGNA7URE) Agent (Broker obtaining the Offer) By Date (PLEASE PRINT) ( OCIATELICENSEE OR BROKERSIGNATBRE) A REAL ESTATE BR&ER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR AVIDIIII This ftrni is available fa use by the entire real estate indu r The use of ' i Nis lormsnm inlendbdb identify .,he user ase REALTOR! REAOfMe. isere9ulered C011eutivememberahipmarkwhlth he - ee6te.' app ae .... \.. - OFFICE USE ONLY = Copyr ght@ 1990. CALIFORNIA ASSOCIATION OF REALTORS® Revie d by Broker or Designee 525 South Virgil Avenue. Los Argebs, California 90020 - ^-: Page .2.1rt Pages. Da(v REAL ESTATE T NT rTDS_i4 PAGE 2 OF 21 Subject Property Address: Z �� % �/L R r - '4L - 7 / .;,7 19 ! C. Are you (Seller) aware of any of the following: 1. Substances, mAiterials, or products which may be an environmental hazard such as, bM not limited to, asbestos, formaldehyde, radon gas, lead -based paint fuel or chemical storagetanks and contaminated soil or water on the subject property :... .... :... ................................. ..............................❑ Yes ❑ No 2. Features of the property shared in common with adjoining landowners, such as walls, fences, and driveways, whose use or responsibility for maintenance may have an effect on the subject property ...................... ❑ Yes ❑ No 3. Any encroachments, easements or similar matters that may affect your interest in the subject property. ......... ❑ Yes ❑ No 4. Room additions, structural modifications, or other alterations or repairs made without necessary permits. ....... ❑ Yes ❑ No 5. Room additions, structural modifications, or other alterations or repairs not in compliance with building codes. ... ❑ Yes ❑ No 6. landfill (compacted or otherwise) on the property or any portion thereof . .. ............................... ❑ Yes ❑ No 7. Any settling from any cause, or slippage, sliding, or other soil problems ................................... . ❑ Yes ❑ No 8. Flooding, drainage or grading problems ............................. ............................... ❑ Yes ❑ No 9. Major damage to the property or any of the structures from fire, earthquake, floods, or landslides ............... ❑ Yes ❑ No 10. Any zoning violations, nonconforming uses, violations of "setback" requirements ........................... ❑ Yes ❑ No 11. Neighborhood noise problems or other nuisances ..................... ............................... ❑ Yes ❑ No 12. CC &R's or other deed restrictions or obligations . ..................... ............................... ❑ Yes ❑ No 13. Homeowners' Association which has any authority over the subject. property.._ ....................... ..... ❑ Yes ❑ No 14. Any "common area" (facilities such as pools, tennis courts, walkways, or other areas co-owned in undivided interest with others) ......... ,..i :.. .......... rc.., ..................... El Yes El No 15. Any notices of abatement or citatwnsboW the r ,.j :............ .: =z, ................... El Yes El No 16. Any lawsuits against the seller t oraffectin 'i sal property. ................... ❑ Yes ❑ No If the answer to any of these is yes, explasl h additional sheets iE,1 0easary): Seller certifies that the signed by the Seller. and knowledge as of the date III AGENT'S INSPECTION DISCLOSURE (To be completed only if the seller is represented by an agent in this transaction.) THE UNDERSIGNED, BASED ON THE ABOVE INQUIRY OF THE SELLER(S) AS TO THE CONDITION OF THE PROPERTY AND BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OFTHE PROPERTY IN CONJUNCTION WITH THAT INQUIRY, STATES THE FOLLOWING:' �Nr� /7.. .�;�?,r � %l:._ T....1 ' I {'i r_..., ,✓�[:.. L,..�i:.:.C7- .:r�.�E. VFl c..u/t/ � +i✓ J /'= j'F� .alb.. -° Agent (Broker / Representing Seller) (,­1^ i �L r:. /1 gY ' i r /; . r r Date (PLEASE PRINT) (ASSOCIATE LICENSEE OR BROKER-SIGNATURE) IV AGENT'S INSPECTION DISCLOSURE (To be completed only if the agent who has obtained the otter is other than the agent above.) THE UNDERSIGNED, BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY, STATES THE FOLLOWING: Agent (Broker obtaining the Offer) By (PLEASE PRINT) (ASSOCIATE LICENSEE OR BROKER-SIGNATURE) V BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND /OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER AND SELLER(S) WITH RESPECT TO ANY ADVICE /INSPECTIONS /DEFECTS: I /WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. Seller Date Buyer Date_ Seller Date Buyer Date— Agent (Broker j Representing. Seller) f,-/V( T ��rrc,�, By j,.�; (- .c'.vMGY�- Date' / (PLEASE PRINT) (ASSOCIATE LICE SEE OR BROKERSIGNATURE) Agent (Broker obtaining the Offer) By Date (PLEASE PRINT) (ASSOCIATE LICENSEE OR BROKER-SIGNATURE) A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE t.E,GAL ADVICE, CONSULT YOUR ATTORNEY. QUADRUPLICATE . Cop, ighaQ 199, CALIFORNIA ASSOCIATION OF REALTORSa 525 South Virgil Avenue, Los Angeles,. California 90M Page 2 of OFFICE USE ONLY Hevlewecl by Broker or Designee 11211 Pages. Date x°n � UFMR: 83 REAL ESTATE I NT' WOOD DESTROYING PES ND ORGANISMS 1NSPECnON REPORT I This is an inspection repeal' -not a Notice of Completion _ ADDRESS OF I°ROpERT3 #IMCTED OUII�BiG NO. CffY 7D COUNTY DATEOF' NVMBER OF CODE INSPECTION PAGFS 323' *N B AYNNUB PLHtp 42662 31 12124 Afrw stamp here on Board copy only NEWPORT EXTERMINATING A LICENSED PEST CONTROL P OPERATOR IS AN .EXPERT IN 7325 :Feat St Gertrude IBS/HER FIELD. ANY QUESTIONS Santa Ana, CA 92705 RELATIVE TO THIS REPORT (714) 261- 0700•(714) 495 -4184 SHOULD BE REFERRED TO tmw/IER. -77"7 ' - PR 0371:: .? IliA388P o 1531511111ILIN 993 '- ORDERED BY: �i3-,77436 W. COAST REPORTSENTTO: " 1 JZI RAWPOFf - r-NNTKF DRIVE, . 1... , , PRWPOPT PIACU CA 92661 ` PROPER-ii OOftE`R CITY OP IMPORT BIACI 323 INARINI AVENUE, BALBOA ISLAND, CA 92662 PARTYINt: Original Report Limited Report Supplemental Report ❑ ReinspeMion. Report . •Stampe# Date - - GENERALDESCRIPTION: 1 ✓li(ffy flat/tile faaf 1 N e E. $ a 1. B. E A R E A s N 0 T I N S P E C T E D F U T U R L N S' P E C T 1 0 N s T9T gfi I A N AE A T E M I T E' D R W 0 0 D T E R M 1 T E s I F U G a o R D R Y It 0 T I 0 T E R W 0 0 D P E 3 T s L D A P WO 0 D T E. R M 1 T E a E A T H.. W 0 0 D C 0 T A C T F A L Y G It A D E L E. V E C E U I' 0 S E D E B R I s E X E 5 1 V E M 0' 1 s T U R E s I W E R L E A K s- Ara an O- ..... INSPECPIONTAG POSTED: Gene" OTHCRIN§PECTIONTAGS: Norte .LSUB.S _O REA Slain - _ 2.SrALLSHOWER Tested No leaks indicated. See 12. 3. FOUNDATIONS Glib 4. PORCHES - SIEPS 91 at' S. VENTILATION Man 6. ABUTMENTS One 7. ATTIC SPACES Not insulated 251 accessible ,522 17. Y Ix 8. GARAGES Attacked ' i access -storage1COn8tr. 9. DECKS - PATIOS None 10.OTTIER- INTERIOR Titer 8CN Set 11. OTHER- EXTERIOR gxteriori see Ill. fl. ` DIAGRAM AND EXPLANATION OF FINDINGS:( This report is limited to structure or struetums shown on dialram) Inspected by rl YOUAREE PREP ROBIRT SCOTT IRINAIL +-- .---- -...,- - +. IiIB I I:1AA I IIAiB ----------- .:.._; 2A I I j lA i l I I I C(1NCRUll l SLAP I I I I s 1. 11AA I f' +-- --------- -- +----- - ------ - -- - -+ "UT llc License No. OPRIE917 Signature � � , PAGI 1 OF STANDARD INSPECTION REPORT ON TNI PROPERTY LOCATFU AT: ACAress of Probsrty (gs@ected: BIAS. No, 313 St[eet: 'NARINI AVSHUI Cityi BALM ISUK.- Stop Not 11563061' We of IMPeetl0 ,li ,''14194 y` Nine. A} BATBTUP PLUMBING ACCESS NOT INSPBCTIID DUE 10 OBSTRUCTION ST'iLB; NO !OUTWARD SIGHS OF IgPHSTATIQU. !nl THIS IS A LIMITID INSPECTION AND REPORT T0423 MARINE AVENUE iUJLY. !C'l FENCES No INCLUDED IN INSPICTIOI. ID1 THRRI 19 A MINIMUM OF 6150, @@ FOR REPAIR WORK COMPLETED BY NEWPORT IBTIRMINAT'„NG. Ill IF A PE- INSPECTION IS RIQUISTID FOR CLIANANCB, WORT COMPLETED BY MR OR 'rom9g, MUST BE RE- IiispFf ED BY NEWPORT EXTERMINATING. PT IUGPRCTION FIR S25.I6. j IF} PAYNINT IS TUN RBSPDNSISILITY DF AORNOWHIR OR AGENT DRORRING THE WORE IF NOT PAID THROUGH ESCROW. IGI UPON RINOVAL OR WOOD; IF FURTHER DRY ROT ANDIOR DAMAGE IS NOTED A SUPPLIM88TAL REPORT PILL BE ]MID NITS FURTHER 11001111 PImMMNN WIO1S Al0JW IIF �AMF±. IMPORTANT NOTE: tRS e !'9 FIRST PAGE OF OUP INSPECTION REPORT STATES O1IP GUARP.NTIB IHHAID, TERMS, tiOMDITIONS AND LIMITATIORS. A SIPAEATI REPORT AS BAAH MWISTID Ww'(R IS DEFIHNI� AS SECTION I'SACTION If "OHDITIONS BVIDINT ON THE DATE OF IN6PECTIDN. SISTION I CONTAINS ITEMS NEEIE TSBRI 16 EVIDENCE OF ACTIVE INFESTATION, IRFICTIOR +:,R CONDITIONS TEAT BAVI RESULTED IN OR FROM INFESTATION OR INFECTION. SECTION II ITRNS ARE CONDITIONS DEEMED LIKED TO = TO INFESTATION OF INFECTION BUT VMU 10 VISIBLI IVIDENCI OF SUCH WAS FOUND. FURTHER INEF)II iTINS ARE DEFINED AS RSCONMEIN}AFIO Tli;:8(T ARIAIS) WMICB DURING 2EF ORIr,IIAL INSt!ICTIDN O(D #02.JOM TBA INSPECTO6 ACCESS TO CORPLBTE Hit INSPEMION AND CANNOT BE, WIMED AS SECTION I OR RCTIOH II: MY 111 RIOR SWACI OF THI EOOF WILL MY N INSPBCTMD. IF YOU WANT THE WATER TICS M OF TRI'MY DITEBIIINID, YOU EOULD CONTACT A WFIMG COMTRACTOY 60 IS LICENSND BY THE Cliff UCTWS STATE LIMB BOW. f�IS 61A.FINDING, MISSING GROUT IND WATER DAMAGI NOTED AT STALL MIR AS WARIER ON DIAGRAM. W01111ENDATION: ACID WASH GROUT AND SEAL TILL AREA, PATCH WALL AREA, SUCTION II ATTIC 6PACIS 61A.FINDING: INACCCASSIBLA ARIA NOTED AT PORTION OF ATTIC DUI Tv" CONSTRUCTION STYLI AS MARRID ON DIAGRAM. RECOMMINDATION: RO RECONMIROATION, IMPRACTICAL TO MALE ACCISSIBLE DUE TO CONSTRUCTION STYLI. UNKIIOWN LNTERIOR 160INDING: MATIF STAINING NOTED AT COILING AND WALL AREA AS MARKED ON DIAGRAM. EECONMIRDITION: APPROPRIATE TRADESMAN 1NSPIC,T AND KAKI RRC98SARV RIPAIRS. SECTION II 1@B.FIgDING1 WATER DAMAGE NOTED AT WALLS AND CEILING AS MANED ON DIAGRAM. BSCDNMINDATION, APPROPRIATE TRADESMAN IRSPECT AND MAIN NECESSARY RIPAIRS, SECTION II IY.TEPIOR 11A. FINDING: BVIDINCB OF SIIBTIRRARIAN TIRMITIS NOTED At DOOR JAMBS A5 NAMED 08 bilW - RRCOMINDATIONi IT IS RECOMMENDED THAT TEE CONCRITE SLAB BI DRILLED AT APPPOPP.IATB IBTIRVALS AND PRISSURI TREATED WITH A STATE REGISTERED CBRKICA.L FOR 711 CONTROL OF SUBTERRANEAN TBRMITIS. RE140118 ANY VISIBLI ARD ACCISSIBLI MUD TUOES, BOLIS TO BE PLUGGED NITS CONCRETE, SECTION I PAGI 3 OF STANDARD INSPICTIOA,RIPORT ON TOR PBOPMY AOCATID AT, &fress of propettp laspFcte4! R1Sy N,; 3.3 St[ '! IAB;AP {NON city; OAL94 ISLAND Stfl�p W5. lISB3OST @9EBd�BCCi�R�.Aai' ?9,'i4 IIB:RINDIVt . MOWS OF GODURRAMIAN.TARNITI'DUMI,POTRD AT ii)OR JANPS AS IIARIID ON DIAGRAM. RICONMBRDATION: PILL DAMAGI VITO WOOD FILLIH TO CORRACT (MINTING NOT lµ:'LIIDIDJ. SNCTIOf+ I 1IC.FIRDING: FUNGUS DAMAGI NOTRD AT WINDOW SASH AS AARAHD ON DIAR M., RICONASNDATIONt RIMOYI FUNGUS IRFNCTID ANDi4R DAMAGID WOOD ARAB /RS Rid RAPLACE WITS NRW NATIRIAL (PAINTING NOT INCLUDIDj. SIMON I IN ACCORDANCA MITI TII GAMS AND RAGULATIONS OF TOR STATB OF CALIFORNIA, WA ARR NIQUIRED TO PROYIDI YOU WITH TOR FOLLOWING INFORMIOR PRIOR TO APPLICATION OF TIRMITICIDIS ?n YOUR PROPIRTY: FOR SUBTIRRANIAN MRIMPROCBSS, THE F +ILTANFIMG CINMICAL WILL PI USID: 'ACTIYB INGIIOI"'t$ OF DUBSBAN Tx., AO POLw"' 42.81 CIIt18PYWiRO6 10,0-0IETBYL 7-43,9;6 •YPICILORO 2 PYHIDYLJ PROSPB4R4TSIOATJ,- ' t 57.71 [NIRT 1*01OtINTS,- TOTAL COLT, S1245,00 - inspection fee: HM + Its& I'oi 10A)M5 01AJS395 j1101950 JIIC�� "75 �AiA►NONI �IIAi18B�OTIB88' .. . i u rz i „� aEAt.ECAu irc � r ASBOCUa'IOt+ This is a counter offer to the: deal Estate Purchase Contract and Receipt for Deposit, ❑ Mobile Home Purchase Contract and Receipt for Deposit, ❑ Busines/� Purchase Contract and Receipt for Deposit, ❑ Other dated a73?s • 't` 19 C? on property known as: 32 3 MAftSrZ42—` A�,� <�� �E�- Fa/tT' 6k4C14_, <::::;A -7 in which iIAK • k--,Lid, and c::— Y ox=- N Al. CHANGES/AMENDMENTS: is referred to as Buyer is referred to as Seller. Seller accepts all other terms and conditions In the above designated agreement. A2. RIGHT TO ACCEPT OTHER OFFERS: Seller reserves the right to continue to offer the Property for sale and to accept any offer acceptable to Seller at any time prior to Buyer's acceptance and communication of acceptance as described in paragraph A3. A3. EXPIRATION: Unless this counter offer is accepted and a copy signed by Buyer is personally nee /ceejved by Seller or �-�'f 14 • �++�•�S who is authorized to receive it for Seller, on or before M O , 197 at : 110 AM( I0 it shall be deemed revoked and the deposit shall be returned to Buyer. Seller's acceptance of another offer prior to Buyer's acceptance and communication of acceptance to Seller shall revoke this counteroffer. Communication of acceptance of this counter offer may be in person, by mail, or by facsimile, and personally received by Seller or other person designated in this paragraph. This counter offer 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. Seller acknowledges receipt of a copy and authorizes Broker(s) to deliver a signed copy to uy r. Date _ Z-. ��° 1-4 /7r SELLER �•\ �'�'I Time SELLER AV A4.. ACCEPTANCE: Buyer accepts the above counter offer and acknowledges receipt of a copy. Date' '�G"" t'D ��q I 18. BUYER L` Time . O t'M BUYER A5. COMMUNICATION OF ACCEPTANCE: Receipt of signed acceptance on 1`S —at AM/PM,bySeller or other person designated in paragraph A3 Is acknowledged. (Initials) (Imeln) COUNTER TO COUNTER OFFER B1. CHANGES /AMENDMENTS: Buyer accepts all other terms and conditions In the above counter offer. B2. EXPIRATION: Unless this counter to counter offer is accepted and a copy signed by Seller is personally received by Buyer or , who is authorized to receive it for Buyer, on or before , 19 at AM /PM, it shall be deemed revoked and the deposit shall be returned to Buyer. Communication of acceptance of this counter to counter offer maybe in person, by mail, or by facsimile, and personally received by Buyer or other person designated in this paragraph. Date Time 19_ B3.. ACCEPTANCE: Seller accepts Buyer's counter to counter offer and agrees to sell on the above terms and conditions. Seller acknowledges receipt of acopy and authorizes Broker(s) to deliver a signed copy to Buyer. Date Time 19 SELLER SELLER 134. COMMUNICATION OF ACCEPTANCE Receipt of signed acceptance on ,19_at AM /PM,by Buyer or other person designated in paragraph 82 is acknowledged. (Initials) (Initials) HismAwUAI1pr 000cUMENT EONUSE IN sIMPLETRANSACTIC10 9EENAPPRIME44y I WFORNIA ASSOCIATION OFREAI.1M- UNIFORM ONLY. NOREPRESENTATIONfSMADE ASTOTHE.APPAGUAL, TfIE FORM OF ANY SUPPLEMENTS NOFCIIRRENTIY PUBUSNED OYTlE£ 1( AZFBf1OWTI0N OFRMORS•.0 THE LEGAL yALIUITYOR ADEQUACY OF ANYVROJISION IN ANY SPECIE TRANSACTION.. R SHOULD NOT BE USED IN COMPLEX TROISACRONSOR.WITH E%TEtSIvItil S4Ut mnoNS A REAL ESTATE BROKER IS THE PERSON DIW.97ED'TO ADVISE ON REAL ESTATE TRANSACTIONS.'1F 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 REALTORS. REALTD.R• is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS- and who subscribe to its Code of Ethics. The copyright Iowa of the united States (17 U.S. Code) forbid the unauthorized - OFFICE USE ONLY reproduction of this loan by any mean including facsimile or compufari ed formals Copyrigme) lm IMgN.OF REALTORS' ..._..-A USER'S COPY Reviewed by Broker or Designee Re". wA�r : FORM CO -14 Da M M -PM -10/93 • C 2170 CITY COUNCIL AGENDA ITEM NO. 16 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER DECEMBER 13, 1993 TO: MAYOR AND CITY COUNCIL FROM: DEPUTY CITY MANAGER SUBJECT: OLD BALBOA ISLAND FIRE STATION 323 MARINE AVENUE DEC 1 31993 ACTION: If desired, approve and authorize City Manager to execute a listing agreement with Waterfront Homes, Inc., to sell the subject property for an asking price • of $400,000 with a 4.75% commission. BACKGROUND: The appraised value of this property in 1989 was $285,000 to $320,000, and the Council previously approved its sale for $320,000. A potential sale for $400,000 which admittedly was an impulse purchase fell out of escrow due to lack of financing. Experience related to the River Avenue property indicates that the City is best served by employing a professional real estate broker. DISCUSSION: Waterfront Homes is located nearby at 315 Marine Avenue, is very familiar with the area, and proposes a very competitive commission. Rumbold Realty, also located on Marine Avenue, submitted a proposal at $370,000 with a 5% commission. The suggested listing price reflects Waterfront's belief that interest in the property warrants the higher price. The listing agreement would have a six month term. RECOMMENDATION: Waterfront Homes is a reputable firm with long experience •in the area. The Fire Department will be vacating the building in July 1994 and it is now time to sell the property. Staff recom ends the above cited action. I uVAU,�— Kenneth J. Delino KJD:mb CRl1i0RNIP As50r1AT10N Gn PFAllORS EXCL1,114) AUTHORIZATION AND RIGHT *ELL MULTIPLE LISTING AUTHORIZATION THIS IS IN, _ .OEO TO BE A LEGALLY BINDING AGREEMENT — READ I. .;4REFULLY. CALIFORNIA ASSOCIATION OF REALTORS° (CAR) STANDARD FORM EXCLUSIVE RIGHT TO SELL: I hereby employ and grant TE R- J-.rGpyfT y c N F hereinafter called "Broker," the exG vie and in l6ble right commencing on midnight on ��..� Ja:.O °'''c�9 , to sell or exchange the real property situated in the City of County of OF -Ar-1C E' California described as follows:' 2. TERMS OF SALE: The purchase price shall be 19 93 , and expiring at 4- Sr. L'-[- lL ), to be paid as follows �A «-I '� -� The following items of personal property are included in the above stated price: a MULTIPLE LISTING SERVICE (MLS11:Broker is a Participant of ASSOCIATION /BOARD OF REALTORS° Muaiple Listing Service ( MLS) and this listing information will be provided to the MLS to be published and disseminated to iMParticipants in accordance with its Rules and Regulations. Broker is authorized to cooperate with other real estate brokers, to appoint subagents and to report thasalee,, its price, terms and financing for the publication, dissemination, information and use by authorized Association/Board members, MILS Participants and Subscit Is.! 4. TITLE INSURANCE: Evidence of title shall be a California Land Title Association policy of title insurance in the amount of the selling price. Notice:. The amount or rate of real estate commissions is not fixed by law. They are set by each Broker individually and may be negotiable between the Seller and Broker. 5. COMPENSATION TO BROKER: I hereby agree to compensate Broker, irrespective of agency relationship(s), as follows: (a) Z%7 percent of the selling price, or$ , ifthe property issold during theterm hereof, oranyextension thereof, byBroker or through any other person, or by me on the terms herein set forth, or any other price and terms I may accept, or kIrpercent of the price shown in 2, or $ , if said property is withdrawn from sale, transf erred, conveyed, leased, or rented without the consent of Broker. or made unmarketable by my voluntary act during the term hereof or any extension thereof. (b) The compensation provided for in subparagraph (a) above if property is sold, conveyed or otherwise transfe rad within calendar days after the termination of this authority orany extension thereof to anyone with whom Broker has had negotiations prior to final termination,. provided I have received notice in writing, including the names of the prospective purchasers, before or upon termination of this agreement orarry extension hereof. However, I shall not be obligated to pay the compensation provided for in subparagraph (a) if a valid listing agreement tis entered into during the term of said protection period with another licensed real estate broker and a sale, lease or exchange of the property Is made during the term of said valid listing agreement. (c) I authorize Broker to cooperate with other brokers, toappoint subagents, and todivide with other brokerssuch compensation in any manner acceptable to brokers. (d) In the event of an exchange, permission is herebygiven Brokerto represent all parties and collect compensation orrommissions from them, provided there is full disclosure to all principalsof such agency. Broker isauthorized to divide with other brokers such compensation or commissions in arty manner acceptable to brokers. (e) Seller shall execute and deliver an escrow instruction irrevocably assigning Broker's compe sation in an amount equal to the compensation provided in subparagraph (a) (above) from the Seller's proceeds. ".. 66 DEPOSIT Broker is authorized to accept and hold on Sellers behalf a deposit to be applied towa d purchase price. 7. HOME PROTECTION PLAN: Seller is informed that home protection plans are available. Such plans may provide additional protection and benefit to a Seller and Buyer, Cost and coverage may vary. `8. KEYBOX: I authorize Broker to install a KEYBOX: onalen YES (_ /� NO ( .%�� Refer to reverse side for important keybox information. 9. SIGN: Authorize on to install a f -0R SALEISOLD sign on the property: gnmo YES( O 10. PEST CONTROL: Seller shall furnish a current Structural Pest Control Report of the main building ' and all structures of the property, except gnitleg YES (� NO (__ /_ I 11. DISCLOSURE: Unless exempt, Seller shall provide a Real Estate Transfer Disclosure Statement concerning the Condition of the property. i agree to save and hold Broker harmless from all claims, disputes, litigation, and /orjudgments arising from any incorrect information supplied by me, orfrom any material fad known by me which I fail to disclose. p," (�) `12. TAX WITHHOLDING: Seller ag roes to perform any act reasonably necessary to carry out the provisions ofFIRPTA (internal Revenue Code §1445) and California Revenue and Taxation Code § §18805 and 26131, and regulations promulgated thereunder. Refer to the reverse side for withholding provisions and exemptions. 13. EQUAL HOUSING OPPORTUNITY: This property is offered in compliance with federal, state, and local anti-discrimination laws. `14. 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 Mrjudicfal review of arbitration proceedings. Judgment upon the award rendered by thearbitrator(s) may be entered in any court having jurisdiction thereof. The parties shall have the rightto discovery In accordance with Code of Civil Procedure §128M The following matters are excluded from arbitration hereunder: (a) a judicial or non - judicial foreclosure or other action or proceeding to enforce a deed Gf 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 matterwhich is within the jurisdiction of probate court, or (e) an action for bodily Injury or wrongful death, or forlatent 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 DISPUTESr 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 AGREEMENTTO 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 :' onxwr BROKER,( ; SELLER(_) 15 ATTORNEYS FEES: In any action, proceeding or arbitration arising out at this agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs, 111 ADDITIONAL TERMS: 17. ENTIRE AGREEMENT: I, the Seiler, warrant that I am the owner of the property or have the authority to execute this agreement. The Seller and Broker further intend that this agreement constitutes the complete and exclusive statement of Its terms and that no extrinsic evidence whatsoever may be introduced in 11Z \ judicial or arbitration proceeding, if any, Involving this agreement. I acknowledge that 1 have read and understand this agreement, Including the information on the r#ve rb side, and have received a copy. Date �1 /f �<t 19 _ California sea. ' — ' Address C� Seller _0;,l1,LDAi N A U P Q State O_ zip R" 5- In consideration of th 'above, BroVer agAes to use diligence in procuring a purchaser. Phone k4 - ��C'C` a ,Real Estate Broker /�JA-M JR �jLrsCi_ 0�.. =4 r . By Address 2,S/ T t5 <T �' /J; G. i r >� � City � • " %<= "esc i-t Date. V �z,' /4 ?? PROVISION IN ANY SPECIFIC. TRANSACTION. IT SHOULO NOT BE USED IN COMPLEX TRANSACTIONS OR WITH EXTENSIVE RIOERS OR AUTATIONS. A REAL ESTATE BROKER IS THE PERSON OUALIFIEO TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU OESIRE.LEGAL OR TAX ADVICE, CONSULT AN APPROPnmm PROFESSIONAL This rpm is avadabla for use by the entire real sales, lndusgry, The use of this 1 m is not intended 10 identity li,e user as a REALTOR'. REALTOR" is a registered cotlectiw membership madlwhlch may be mesa only by Teal estate licensees who are members of the NATIONAL ASSOCIARON OF REALTORS* and who sebs•ribe to hs Code Of Elnice: e REFER TO REVERSE SIOE FOR ADOITIONAL INFORMATION. OFFICE USE ONLY TheCrpyrlght yea of the United Stales (17 U.S. Code) lorbid the uneutho !..-ad reproduction of thlo form by any means including facsimile or cdnPuted:ed Wmat,. Reviewed by Broker Or Designed CaPYrightO 1988, CALIFORNIA ASSOCIATION OF REALTORS' 525 Sw Virgil Avenue, Lot Angeles. California 90020 FORM A -14 Date CITY COUNCIL AGENDA ITEM NO. a3J CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER SEPTEMBER 13, 1993 TO: MAYOR AND CITY COUNCIL FROM: DEPUTY CITY MANAGER SUBJECT: OLD BALBOA ISLAND FIRE STATION 323 MARINE AVENUE SEP 1 3 1993 ACTION: If desired, approve and authorize City Manager to execute a listing •agreement with Waterfront Homes, Inc., to sell the subject property for an asking price of $400,000 with a 4.75% commission. • BACKGROUND: The appraised value of this property in 1989 was $285,000 to $320,000, and the Council previously approved its sale for $320,000. Experience related to the River Avenue property indicates that the City is best served by employing a professional real estate broker. DISCUSSION: Waterfront Homes is located nearby at 315 Marine Avenue, is very familiar with the area, and proposes a very competitive commission. No other realty company was invited to submit. The suggested listing price reflects their belief that interest in the property warrants the higher price. The listing agreement would expire on January 30, 1994. RECOMMENDATION: Waterfront Homes is a reputable firm with long experience in the area. The Fire Department will be vacating the building on the first of the new year due to its seismic condition and it is now time to sell the property. Staff recommends the above cited action. �\ KJD:mb (7j) To: City Council From: Fire Department BY THE CITY COUNCIL CITE OF NEWPORT BEACH MAR 91992 APPROVED Subject: Woof City Property located at.323 Marine Avenue, sbtioe-+ RECOMMENDATIO -: DISCUSSION: March 9, 1992 CITY COUNCIL AGENDA TEEM NO. J -2 Instruct staff to proceed with the sale of the existing Balboa Island Fire Station site. 2. Utilize the proceeds from the sale of the property to offset the cost to construct the new fire station at 124 Marine Avenue. The existing fire station located at 323 Marine Avenue is scheduled to be replaced during Fiscal Year 1992 /93. Constructed of unreinforced masonry in 1931, the existing building has been declared seismically unsafe and would be required to be reinforced by January, 1994 to meet State of California standards for public buildings. Staff feels that the size and condition of this structure does not warrant the expense to reinforce it. Construction of the new fire station is scheduled to begin in the fall of 1992. The cost of this new public facility is currently estimated at $1,125,000.00. Staff would invite interested parties to submit sealed bids with a minimum bid of the appraised value of the property. The existing fire station site was appraised in January, 1991 at $360,000.00. Additionally, the City would be provided the option to lease the existing fire station site from the new property owner on a month- to-month basis. This would allow us the flexibility to maintain our present level of service on the Island while realizing the revenue from the sale of the property. Ideally, we would time the close of escrow in the best interest of the City to minimize our lease costs. A proposal to improve the existing site as a mini park with public restrooms was studied in July, 1990. At that time, it was estimated that the cost to demolish the existing structure and construct a mini park was $175,000.00. Including the loss of revenue from the sale of the property, this would mean a net cost to the City of $535,000.00 for the construction of a mini park and public restrooms. Annual maintenance costs are estimated at $8,750.00. This includes the cost to maintain the mini park as well as clean and service the public restrooms once daily eight months of the year and twice daily during the remaining four months of the year. G �G Timoth Rile Fire Chief 0 CITY COUNCIL AGENDA ITEM F -2(b) THE CITY COUNCIL CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER 1 d�l OCTOBER 22, 1990 TO: MAYOR AND CITY COUNCIL FROM: DEPUTY CITY MANAGER SUBJECT: INTENT TO CONDEMN BALBOA ISLAND FIRE STATION SITE The negotiations between the City and UNOCAL for the acquisition of the abandoned gas station site on the corner of Marine and Park Avenues on Balboa Island are nearing completion. The City received an appraisal for $670,000 and offered that amount to UNOCAL which indicated verbally its acceptance within the next week to ten days. Acquisition of this site will enable the construction of the new fire station to proceed. The County Health Department has supervised the removal of all contaminated soil and is prepared to issue a clearance for construction on the site with a requirement for continued ground water monitoring. UNOCAL will be responsible for this monitoring and will retain liability for any lingering contamination. Funds for this acquisition have been budgeted and the attached Resolution provides certain tax advantages to UNOCAL and serves as an inducement for them to complete this sale. I AAA Kenneth J. elino (� 3J • RESOLUTION NO. 90 -102 a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH OF PUBLIC NECESSITY AND INTENT TO CONDEMN BY EMINENT DOMAIN CERTAIN REAL PROPERTY SITUATED AT 122 -124 MARINE AVENUE, BALBOA ISLAND, CALIFORNIA, NEEDED FOR THE CONSTRUCTION OF A FIRE STATION. WHEREAS, this Resolution is adopted pursuant to California Code of Civil Procedure Section 1245.230; and WHEREAS, in accordance with California Code of Civil Procedure Section 1245.235, notice was given to the property owner stating the intention of the City Council to adopt a resolution of public necessity for the acquisition of the entire parcel at 122 -124 Marine Avenue, Balboa Island, California; the subject property is more particularly described as follows: The real property situated in the State of California, County of Orange, City of Newport Beach, being: Lots 17 and 18, Block 2, Section 4, Balboa Island, in the City of Newport Beach, as per map recorded in Book 7, Page 37, Records of Orange County, California, excepting therefrom the westerly ten feet thereof; and WHEREAS, the real property to be acquired is located within the City limits and shall be used for construction of a fire station; and WHEREAS, the right of the City to acquire and hold real property for purposes necessary to carry out any of its powers or functions is authorized by virtue of the Statutes of the State of California and Section 200 of its Charter, and the power to acquire property by eminent domain is provided in California Government Code Section 37350.5; and WHEREAS, a hearing was duly held on October 22, 1990 and the representatives of the owner were given an opportunity to be heard; and 1 WHEREAS, the City Council finds and determines that the public interest and necessity require the construction of a fire station on Balboa Island because the restricted single access street to Balboa Island makes fire protection for residents and businesses on the Island difficult due to high public and tourist traffic; and WHEREAS, the City Council finds and determines that the project is planned and located in a manner consistent with the City's general plan, which will be most compatible with the greatest public good and least private injury; and WHEREAS, the City Council further finds and determines that the taking of the subject property is necessary for the project because the property is twice the area of the current fire station site, would better meet the needs of the residences and businesses on Balboa Island and is located for improved access to all areas of Balboa Island; and WHEREAS, the City Council further finds and determines that-an offer was made to the owner of the subject property to purchase for a sum the City Council believes would constitute just compensation as required by California Government Code Section 72.67.2. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: 1. The public interest and necessity require the proposed project. 2. The City Manager and Director of Finance are authorized and directed to take such actions as are deemed necessary to acquire the subject property. 3. In the event negotiations for the purchase of the real property are unsuccessful, the City Attorney is hereby authorized and directed to institute as necessary, an action in eminent domain to acquire the real property referred to herein and to seek immediate possession thereof. F a 4. The Director of Finance is hereby authorized and directed to draw such warrants as may be required by the Court as deposit of probable just compensation to comply with California Code of Civil Procedure Section 1255.010, et seq. ADOPTED, this 22nd day of October 1990 MAYOR LTTRRT. 7