HomeMy WebLinkAbout05.R- Public Works i
i
f RESOLUTION (ID #2688) DOC ID: 2688
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Land Acquisition
From: Tony Frossard M/CC Meeting Date: 10/21/2013
Prepared by: Ryan Sandoval, (909) 384-5140
Dept: Public Works Ward(s): 1
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Mayor to Execute an Agreement Relative to the Purchase of Tax-Defaulted Property from the
County of San Bernardino Tax Collector, to be Designated for Water Department Use, Located
on 974 Home Avenue, Known as Assessors Parcel Number 0144-221-27-0000, in the City of
San Bernardino. (#2688)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Water Department staff anticipated this project during the current fiscal year(FY 2013-14) and
budgeted the project in the Water Fund Capital Improvement Budget titled Muscoy—EPA#109
Shallow Well. The project funding for this project is $155,000. Therefore, sufficient funds are
available for the purchase of the property.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
The San Bernardino Municipal Water Department (Water Department) owns EPA Well No. 109
(EPA Well) located at 980 West Home Avenue and has been operating the well since 2005 as
part of the Newmark Groundwater Contamination EPA Superfund Site. The parcel and structure
east and adjacent to the EPA Well parcel, 974 Home Avenue (APN 0144-221-27), has been
abandoned for many years and is frequently vandalized, is in substandard condition and
frequented by squatters. Water Department staff visits the EPA Well site 2 to 3 times per day
and this type of activity adjacent to the site is a safety and security concern. The location of the
EPA Well and the adjacent parcel are shown on the attached plat.
Furthermore, the Water Department staff and their Consent Decree Hydrogeologist Consultant,
Mark Eisen of Stantec, are considering the installation of a shallow well adjacent to the EPA
Well in an effort to improve contaminant capture performance in the shallow aquifer of the
Muscoy Operational Unit (OU). Since the current EPA Well parcel is too small to accommodate
a new well, Water Department staff is proposing the purchase of the above-mentioned
abandoned parcel adjacent to the EPA Well. This would allow the Water Department to
construct and develop the new shallow well (to be named EPA Well 109S), while simultaneously
eliminating the safety and security concern currently present.
„ " Packet Pg.339
Updated: 10/16/2013 by Georgeann Gigi Hanna
2688
Water Department staff engaged a local real estate broker (Frank Schnetz) to assist with the
potential purchase of the parcel approximately one year ago. The broker was unsuccessful in
locating the current owner. Recently, the broker was put on notice that the County of San
Bernardino (County) had declared this parcel as tax-defaulted and is subject to the power of sale
by the tax collector. As a result, the County has subsequently agreed to a tax default sale to the
Water Department. According to the County and the Preliminary Title Report, a total of
approximately $12,400.00 is owed to the County in unpaid property taxes and to the City of San
Bernardino (City) Code Compliance for unpaid citation liens.
The County prepared an Agreement to Purchase Tax-Defaulted Property (Agreement) for APN
0144-221-27 pursuant to Division 1, Part 6, Chapter 8 of the Revenue and Taxation Code and a
copy is attached for reference. The purchase price per the Agreement is $12,400,plus the cost of
giving notice. In order for the Water Department to purchase the property, staff will need to
submit an executed Agreement and adopted Resolution giving authorization to purchase tax-
defaulted property from the County. The property taxes owed on the property in the amount of
$3,922.00 will be paid to the County and the balance of the purchase price would be distributed
to the City to recompense for the liens on the property. The title to the property will be vested as
the City of San Bernardino, but will be designated for Water Department use per the attached
resolution.
On August 20, 2013, at the regular meeting of the Board of Water Commissioners, it was
unanimously voted to adopt Resolution No. 837 authorizing the agreement to purchase tax-
defaulted property from the County of San Bernardino located at 974 Home Avenue, known as
APN 0144-221-27.
The attached resolution authorizes the Mayor to execute the Agreement to purchase the property
to be used for Water Department purposes.
City Attorney Review:
Supporting Documents:
Resolution (PDF)
Exhibit 1 -Agreement to Purchase Tax-Defaulted Prop (PDF)
RCA Attachment- Plat (PDF)
Water Staff Report w-Exhibits (PDF)
SBWMD Minutes 8-20-13 (PDF)
Updated: 10/16/2013 by Georgeann"Gigi"Hanna Packet Pg'360
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
3 AGREEMENT RELATIVE TO THE PURCHASE OF TAX-DEFAULTED
4 PROPERTY FROM THE COUNTY OF SAN BERNARDINO TAX COLLECTOR, TO
BE DESIGNATED FOR WATER DEPARTMENT USE, LOCATED AT 974 HOME a
5 AVENUE, KNOWN AS ASSESSORS PARCEL NUMBER 0144-221-27-0000, IN THE o
CITY OF SAN BERNARDINO. L
6
7 WHEREAS, the City of San Bernardino Municipal Water Department (Water
8 Department) is the operator of the Muscoy Operation Unit (Muscoy OU) of the Newmark c
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9 Groundwater Contamination Superfund site; and
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WHEREAS, EPA Well No. 109 is an integral part of the Muscoy OU operation
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related to groundwater contamination cleanup; and
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13 WHEREAS,the Water Department would like to install a shallow well adjacent to the
14 existing EPA Well No. 109 site, in an effort to improve contaminant capture performance in a
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15 the shallow aquifer of the Muscoy OU; and
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16 WHEREAS, the Water Department would like to purchase tax-defaulted property 00
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adjacent to existing EPA Well No. 109 site, located at 974 Home Avenue, in the City of San
18
Bernardino, also known as Assessor's Parcel No. 0144-221-27-0000, as it is necessary for N
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access and operation of a future shallow well to be titled EPA Well 109S; and
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21 WHEREAS, the Board of Supervisors of San Bernardino County (County) have
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22 prepared an Agreement to Purchase Tax-Defaulted Property (Agreement)pursuant to Division
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23 1, Part 6, Chapter 8 of the Revenue and Taxation Code, a copy of which is attached hereto as E
24
Exhibit "I", for the sale of said tax-defaulted property to the City of San Bernardino, to be a
25
26 designated for Water Department use; and
27 WHEREAS, the Board of Water Commissioners of the City of San Bernardino
28 adopted Resolution No. 837, authorizing the purchase of said tax-defaulted property.
Packet,Pg:361
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1 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
2
SECTION 1. The Mayor is hereby authorized to execute the Agreement with the
3
4 County to purchase the above-described tax-defaulted property, stating the City's agreement
5 to the purchase price of the property described therein from the County of San Bernardino, a o
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6 copy of which is attached and incorporated herein as Exhibit
SECTION 2. Said tax-defaulted property shall be designated for Water Department
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SECTION 3. The authorization to execute the above-referenced Agreement is 3
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rescinded if the parties fail to execute the Agreement within ninety (90) days of the date of °
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
2 AGREEMENT RELATIVE TO THE PURCHASE OF TAX-DEFAULTED
PROPERTY FROM THE COUNTY OF SAN BERNARDINO TAX COLLECTOR, TO
3 BE DESIGNATED FOR WATER DEPARTMENT USE, LOCATED AT 974 HOME
4 AVENUE, KNOWN AS ASSESSORS PARCEL NUMBER 0144-221-27-0000, IN THE ^
CITY OF SAN BERNARDINO.
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor ,
6
and Common Council of the City of San Bernardino at a meeting
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8 thereof,held on the day of , 2013, by the following vote,to wit: o
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ o
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11 JENKINS
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14 SHORETT a.
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15 KELLEY a
16 JOHNSON co
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Georgeann Hanna, City Clerk
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21 The foregoing resolution is hereby approved this day of 2013. c
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23 Patrick J. Morris, Mayor E
24 City of San Bernardino
Approved as to form: a
25 JAMES F. PENMAN,
26 City Attorney
27 By: � •G��- �s2�oe. �.
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AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY
This agreement is made this day of I , by and between the Board of
Supervisors of San Bernardino County, State of California, and the City of San Bernardino ("PURCHASER"),
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pursuant to the provisions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code. p
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The real property situated within said county, hereinafter set forth and described in Exhibit "A", is tax-defaulted
and is subject to the power of sale by the tax collector of said county for the nonpayment of taxes, pursuant to
provisions of law. d
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It is mutually agreed as follows: a
1. That, as provided by Revenue and Taxation Code§3800, the cost of giving notice of this agreement shall
be paid by the PURCHASER, and 0
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2. That the PURCHASER agrees to pay the sum of$ 12,400 for the real property described in Exhibit"A"
within 15 days after the date this agreement becomes effective. Upon payment of said sum to the tax 1°
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collector, the tax collector shall execute and deliver a deed conveying title to said property to —
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3, The property sold pursuant to this agreement is offered and sold as is. The State, the County, and each
employee of those entities acting in the employee's official capacity in preparing, conducting, and selling
property under this agreement, are not liable for any known or unknown conditions of the property, a
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including, but not limited to, errors in the Assessor's records pertaining to improvement of the property.
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4. That the PURCHASER agrees to use the parcel(s)for public purpose under the following intent:
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Municipal_Z( to er Supply for the City'of San Bernardino. (For Water Department Use) Q0
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5. That, if said purchaser is a taxing agency as defined in the Revenue and Taxation Code§121 or any o
other agency that receives its revenue share under the provision of Division 1. Part 8, Chapter 3 of the •2
Revenue and Taxation Code, it will not share in the distribution of the payment required by the Agreement .5
as defined by§3791 and§3720 of the Revenue and Taxation Code.
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If all or any portion of any individual parcel described in this agreement is redeemed prior to the effective date of 0
this agreement, this agreement shall be null and void as to that individual parcel.
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The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for
said agencies.
This document is being executed in counterpart each of which constitutes an original
ATTEST:
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CITY OF SAN BERNARDINO 4)
By.
(Purchaser) PATRICK J.MORRIS, Mayor
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ATTEST: SIGNED AND CERTIFIED THAT BOARD OF SUPERVISORS
A COPY OF THIS DOCUMENT HAS BEEN a
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Laura H.Welch By
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Pursuant to the provisions of Revenue and Taxation Code §3775, the governing body of the City of San c
Bernardino, hereby agrees to the selling price as provided in this agreement. c
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ATTEST: CITY OF SAN BERNARDINO
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Pursuant to the provisions of Revenue and Taxation Code §3795, the Controller approves the foregoing r
agreement this day of Q
JOHN CHIANG, CALIFORNIA STATE CONTROLLER
By:
LINDA YAMANAKA, BUREAU CHIEF
Local Government Policy and Reporting
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EXHIBIT A
City of San Bernardino Municipal Water Department
0144-221-27-0000 $ 12,400.00
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Total: $ 12,400.00 0
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LEGAL DESCRIPTION a.
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THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: JT
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LOT 20, BLOCK"A", CENTRAL HOME TRACT, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 25, PAGE 4 OF MAPS, IN o
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
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This is to notify you of the your obligations relating to the American Recovery and Reinvestment Act of 2009,
pursuant to the Contract---with San Bernardino County effective , 2013:
AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING (ARRA)
Use of ARRA Funds and Requirements
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This Contract may be funded in whole or in part with funds provided by the American Recovery and Reinvestment
Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery
funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both
as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176,140) y
used in the project are produced in the United States. A waiver is available under three limited circumstances: (i)
Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable C
quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United c.
States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic °
preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement. a.
Request for a waiver must be made to the County for an appropriate determination.
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on
projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to 0
ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality X
as determined by the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 31). This is referred H
to as the'wage rate"requirement. o
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The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements..
Contractor must contact the County contact if ft has any questions regarding the applicability or implementation of L
the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed a
information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to cn
employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be r�
required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or a
documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and
may result in the withholding of payments and termination of this Contract. 00
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Contractor may also be required to register in the Central Contractor Registration (CCR) database at _
http://www.ccr,gov and may be required to have its subcontractors also register in the same database, Contractor N
must contact the County with any questions regarding registration requirements. a
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Schedule of Expenditure of Federal Awards >
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In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and r_
reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the
expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards e
(SEFA) and the Data Collection.Form (SF-SAC) required by the Office of Management and Budget Circular A- 0
133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and
SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, :.
and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award
number consistent with the recipient reports required by ARRA Section 1512 (c). E
In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-
contract and. at the time of disbursement of funds, the Federal award number, any special CFDA number Q
assigned for ARRA purposes, and amount of ARRA funds.
Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill
any reporting requirements under ARRA described in this section. The information may be required as frequently
as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested
by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the
withholding of payments and termination of this Contract,.
Packet Pg.367
_ l do hereby acknowledge receipt of the American Recovery and Reinvestment Act(ARRA) Funding requirements
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that became effective August 12, 2009, and understand and agree to the contractual obligations stipulated herein
for contracts with San Bernardino County.
Patrick J. Morris a
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AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY a;
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This agreement is made this day of by and between the Board of o
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Supervisors of San Bernardino County, State of California, and the City of San Bernardino ("PURCHASER"),
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pursuant to the provisions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code.
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The real property situated within said county, hereinafter set forth and described in Exhibit "A", is tax-defaulted
and is subject to the power of sale by the tax collector of said county for the nonpayment of taxes, pursuant to 0
provisions of law.
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It is mutually agreed as follows:
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1. That, as provided by Revenue and Taxation Code§3800, the cost of giving notice of this agreement shall °-
be paid by the PURCHASER, and
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2. That the PURCHASER agrees to pay the sum of $ 12,400 for the real property described in Exhibit "A"
within 15 days after the date this agreement becomes effective. Upon payment of said sum to the tax 00
collector, the tax collector shall execute and deliver a deed conveying title to said property to W
PURCHASER.
3. The property sold pursuant to this agreement is offered and sold as is. The State, the County, and each c
employee of those entities acting in the employee's official capacity in preparing, conducting, and selling N
property under this agreement, are not liable for any known or unknown conditions of the property, m
including, but not limited to, errors in the Assessor's records pertaining to improvement of the property. 0:
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Municipal Water Supply for the City' of San Bernardino. (For Water Department Use) w
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5. That, if said purchaser is a taxing agency as defined in the Revenue and Taxation Code§121 or any
other agency that receives its revenue share under the provision of Division 1. Part 8, Chapter 3 of the
Revenue and Taxation Code, it will not share in the distribution of the payment required by the Agreement y
as defined by§3791 and §3720 of the Revenue and Taxation Code.
If all or any portion of any individual parcel described in this agreement is redeemed prior to the effective date of 3
this agreement, this agreement shall be null and void as to that individual parcel. a 0
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The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for a,
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said agencies. �
This document is being executed in counterpart each of which constitutes an original
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ATTEST:
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CITY OF SAN BERNARDINO By: o
(Purchaser) PATRICK J. MORRIS, Mayor
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ATTEST: SIGNED AND CERTIFIED THAT BOARD OF SUPERVISORS
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Pursuant to the provisions of Revenue and Taxation Code §3775, the governing body of the City of San
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ATTEST: CITY OF SAN BERNARDINO
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Pursuant to the provisions of Revenue and Taxation Code §3795, the Controller approves the foregoing *=
agreement this day of
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JOHN CHIANG, CALIFORNIA STATE CONTROLLER w
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LINDA YAMANAKA, BUREAU CHIEF
Local Government Policy and Reporting Q
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EXHIBIT A
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THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF a
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BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 25, PAGE 4 OF MAPS, IN
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This is to notify you of the your obligations relating to the American Recovery and Reinvestment Act of 2009, a;
pursuant to the Contract=_with San Bernardino County effective , 2013.
AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING (ARRA) a
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Use of ARRA Funds and Requirements L a
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This Contract may be funded in whole or in part with funds provided by the American Recovery and Reinvestment
Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery
funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both o
as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140)
used in the project are produced in the United States. A waiver is available under three limited circumstances: (i)
Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable o
quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United N
States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic _
preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement. 2
Request for a waiver must be made to the County for an appropriate determination. a
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Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on
projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to
ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality
co
as determined by the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 31). This is referred co
to as the"wage rate'requirement.
The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements.
Contractor must contact the County contact if it has any questions regarding the applicability or implementation of
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the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed >
information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to
employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be a
required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or 0-
documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and a
may result in the withholding of payments and termination of this Contract. m
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Contractor may also be required to register in the Central Contractor Registration (CCR) database at
http://www.ccr.gov and may be required to have its subcontractors also register in the same database. Contractor o
must contact the County with any questions regarding registration requirements.
Schedule of Expenditure of Federal Awards ai
In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and
reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the a
expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards
(SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A- c
133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and E
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SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number,
and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award �
number consistent with the recipient reports required by ARRA Section 1512 (c). Q
In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-
contract and at the time of disbursement of funds, the Federal award number, any special CFDA number
assigned for ARRA purposes, and amount of ARRA funds.
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Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill
any reporting requirements under ARRA described in this section. The information may be required as frequently
as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested E
by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the
withholding of payments and termination of this Contract.
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I do hereby acknowledge receipt of the American Recovery and Reinvestment Act(ARRA) Funding requirements a
that became effective August 12, 2009, and understand and agree to the contractual obligations stipulated herein
for contracts with San Bernardino County. ,
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974 HOME AVENUE
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CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
BOARD OF WATER COMMISSIONERS
STAFF REPORT
TO: Stacey R.Aldstadt, General Manager
FROM: Matthew H. Litchfield
SUBJECT: AUTHORIZATION TO PURCHASE TAX-DEFAULTED PROPERTY—APN
0144-221-27-0-000—974 HOME AVENUE, SAN BERNARDINO, CA
DATE: August 8, 2013
COPIES: Greg Gage (w/o attach),Mike Garland, (w/o attach), Sydney Morrison (w/attach), Sally
Duran (w/attach)
BACKGROUND:
The San Bernardino Municipal Water Department (Department) owns EPA Well No. 109 located at
980 West Home Avenue and has been operating the well since 2005 as part of the Newmark
Groundwater Contamination EPA Superfund Site. The parcel and house east and adjacent to the EPA
Well 109 parcel, 974 Home Avenue (APN 0144-221-27-0-000), has been abandoned for many years
and is frequently vandalized, is in substandard condition and frequented by squatters. The location of
the EPA Well 109 and the parcel next door can be seen on Exhibit A.
Staff visits the well site 2 to 3 times per day and this type of activity adjacent to the well site is a safety
and security concern. Furthermore, Department staff and SBMWD's Consent Decree Hydrogeologist
Consultant, Mark Eisen of Stantec, are considering the installation of a shallow well adjacent to EPA
Well 109 in an effort to improve contaminant capture performance in the shallow aquifer of the
Muscoy Operational Unit (OU). Since the current EPA 109 parcel is too small to accommodate a new
well,purchase of the parcel due east of EPA 109 would allow the Department to construct and develop
the new shallow well (to be named EPA Well 109S) while simultaneously eliminating the safety and
security concern.
Staff engaged a local real estate broker to assist with the potential purchase of the parcel approximately
one year ago. The broker was unsuccessful in locating the current owner. Recently, our broker was put
on notice that the County of San Bernardino (County) has declared this parcel as tax-defaulted and is
subject to the power of sale by the tax collector. As a result, the County has subsequently agreed to a
tax default sale to the Department. According to the County and the Preliminary Title Report, attached
as Exhibit B, a total of approximately $12,400.00 is owed to the County in unpaid property taxes and
City of San Bernardino (City) Code Compliance unpaid citation liens.
Agenda Item
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6 Stacey R.Aldstadt, General Manager
Page 2
August 8, 2013
SUBJECT: AUTHORIZATION TO PURCHASE TAX-DEFAULTED PROPERTY—APN
0144-221-27-0-000—974 HOME AVENUE, SAN BERNARDINO, CA
The County prepared an Agreement to Purchase Tax-Defaulted Pmperty (Agreement) for 974 Home Avenue
pursuant to Division 1, Part 6, Chapter 8 of the Revenue and Taxation Code and is attached as Exhibit
C. The purchase price per the Agreement is $12,400.00 plus the cost of giving notice. In order for the
Department to purchase the property, staff will need to submit an executed Agreement and a
Resolution giving authorization to purchase the tax-defaulted property from the County. The property
taxes owed on the property in the amount of$3,922.00 will be paid to the County and the balance of
the purchase price would be paid to the City to recompense for the liens on the property.
FUNDING SOURCE:
Staff anticipated this project during the current fiscal year and budgeted for a project in the Water Fund
Capital Improvement Budget titled Muscoy — EPA #109 Shallow Well. The project funding for this
project is $155,000.00. Therefore, sufficient funds are available for the purchase of the property.
RECOMMENDATION:
Staff recommends that the Board of Water Commissioners make the following motion:
• Adopt a Resolution authorizing the Agreement to purchase tax-defaulted
property from the County of San Bernardino known as Assessor's Parcel
Number 0144-221-27-0-000,974 Home Avenue, San Bernardino, California.
Respectfully submitted,
Matthew 4. Lit afield,P.E.
Director,Water Utility
MHL:swd
Attach.
W:\3010%VU Administration\Hoard Memos\Staff Report-Authorization to Purchase Tax Defaulted Property 974 Home Ave 8-2013.doc
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1 RESOLUTION NO. 837 Y
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3 RESOLUTION OF THE BOARD OF WATER COMMISSIONERS OF THE CITY
4 OF SAN BERNARDINO AUTHORIZING THE AGREEMENT TO PURCHASE TAX-
DEFAULTED PROPERTY FROM THE COUNTY OF SAN BERNARDINO LOCATED
5 AT 974 HOME AVENUE, KNOWN AS ASSESSOR'S PARCEL NUMBER 0144-221-27-0-
000,SAN BERNARDINO,CALIFORNIA.
6
7 WHEREAS, the City of San Bernardino Municipal Water Department (Department) is the
8 operator of the Muscoy Opoerational Unit (OU) of the Newmark Groundwater Contamination
9 Superfund site; and
10 WHEREAS, EPA Well 109 is an integral part of the Muscoy OU Operation related to
11 groundwater contamination cleanup; and
12 WHEREAS, the acquisition of parcel, described as Assessor's Parcel No. 0144-221-27-0-
13 000 located at 974 Home Avenue is necessary for access and operation of a future shallow well to
14 be titled EPA Well 109S;and
15 WHEREAS, EPA 109S is necessary to improve groundwater contaminant capture in the
16 Muscoy OU shallow aquifer; and
17 WHEREAS, the parcel identified as APN 0144-221-27-0-000 has been vacant for many
18 years and poses a safety and security concern for Department staff.
19 BE IT RESOLVED BY THE BOARD OF WATER COMMISSIONERS OF THE
20 CITY OF SAN BERNARDINO AS FOLLOWS:
21 SECTION 1. The Board of Water Commissioners of the City of San Bernardino hereby
22 authorizes the purchase of tax-defaulted property, Assessor's Parcel Number 0144-221-27-0-000,
23 by agreement from the County of San Bernardino, as set forth in Exhibit "C" attached hereto and
24 incorporated by reference as though fully set forth at length herein, under applicable provisions of
25 the California Revenue and Taxation Code.
26 SECTION 2. That the final executed deed shall be submitted to the Mayor and Common
27 Council of the City of San Bernardino for acceptance and dedication of the property for Water
28 Department use.
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AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY FROM THE COUNTY OF SAN BERNARDWO LOCATED AT 974
N HOME AVENUE,KNOWN AS ASSESSOR'S PARCEL NUMBER 0144-221-27-0-000,SAN BERNARDINO,CALIFORNIA. CL
1 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Board of Y
' 2 Water Commissioners of the City of San Bernardino at a regular meeting thereof held on the a
3 20TH of August,2013 by the following vote,to-wit:
4 AYES: COMMISSIONERS CALLICOTT COCKS HENDRIX FERNANDEZ,VALLES
5 NAYS: NONE
6 ABSENT: NONE
7
8 4w:
9 Robin L. Ohama
Clerk&Ex-Officio Secretary
10
11 (SEAL)
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Vanir Development Company, Inc. Title Officer: Peggy Jones--So
290 North D Street, Suite 900 email: tu67 @ltic.com
San Bernardino, CA 92401 Phone No.: (951) 774-0825 x 617
Fax No.: (951) 781-1169
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Attn: Frank Schnetz File No.: 613672508
I Your Reference No:
Property Address: 974 Home Avenue, City of San Bernardino, California
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PRELIMINARY REPORT
Dated as of July 1, 2013 at 7:30 a.m.
In response to the application for a policy of title insurance referenced herein, Lawyers Title - IE
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or
policies of title insurance describing the land and the estate or interest therein hereinafter set forth,
insuring against loss which may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an exception herein or not excluded from coverage pursuant to the printed
Schedules, Conditions and Stipulations or Conditions of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said
policy or policies are set forth in Attachment One. The policy to be issued may contain an
arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration
clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured
as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and
ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum
Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the
policy forms should be read. They are available from the office which issued this report.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land
Title Insurance Company.
Please read the exceptions shown or referred to below and the exceptions and
exclusions set forth in Attachment One of this report carefully. The exceptions and
exclusions are meant to provide you with notice of matters which are not covered under
the terms of the title insurance policy and should be carefully considered. It is important
to note that this preliminary report is not a written representation as to the condition of
title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is
desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or
Commitment should be requested.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 1
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File No: 613672508
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SCHEDULE A M
The form of policy of title insurance contemplated by this report is:
CLTAJALTA 2010 Homeowner's Policy of Title Insurance
ALTA Loan 2006
The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
Margaret M. Leon, a widow
The land referred to herein is situated in the County of San Bernardino, State of California, and is
described as follows:
SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF
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CLTA Preliminary Report Form - Modified (11-17-06)
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EXHIBIT "A" a
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 20, BLOCK "A", CENTRAL HOME TRACT, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 25, PAGE 4 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ASSESSOR'S PARCEL NUMBER: 0144-221-27-0-000
CLTA Preliminary Report Form-Modified (11-17-06)
Page 3
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File No: 613672508 0a.
SCHEDULE B - Section A
The following exceptions will appear in policies when providing standard coverage as outlined
below:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records; (b)
proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be
ascertained by an Inspection of the Land or that may be asserted by persons in possession of the
Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land and not shown by the
Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted
under(a), (b) or(c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
CLTA Preliminary Report Form- Modified (11-17-06)
Page 4
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SCHEDULE B - Section B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in
said policy form would be as follows:
A. Property taxes, which are a lien not yet due and payable, including any assessments collected
with taxes to be levied for the fiscal year 2013-2014.
B. Said property has been declared tax defaulted for non-payment of delinquent regular taxes for
the fiscal year 2007-2008.
Amount to redeem by July 31, 2013 for the above-stated year (and subsequent years, if any) is
$3,888.35.
Amount to redeem by August 31, 2013 for the above-stated year (and subsequent years, if any) is
$3,922.46.
Amount to redeem by September 30, 2013 for the above-stated year (and subsequent years, if
any) is $3,956.57.
C. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(Commencing with Section 75) of the Revenue and Taxation Code of the State of California.
1. Water rights, claims or title to water, whether or not disclosed by the Public Records,
2. Any easements not disclosed by the public records as to matters affecting title to real property,
whether or not said easements are visible and apparent.
3. Notice of Pendency of Administrative Proceedings No. (Not Shown), and the lien of any
assessment arising therefrom by the Department of Building and Safety of the County of San
Bernardino, in the matter of unlawful or unsafe conditions on the herein described Land.
Property Owner: Margaret Leon
Recording Date: June 8, 2009
Recording No.: 2009-0248939, of Official Records
4. A lien in favor of the City/Town of San Bernardino
For: cost of abatement of nuisance
Name of Owner: Margaret Leon
Amount: $100.00
Recording Date: June 25, 2009
Recording No.: 2009-0278599, of Official Records
5. A lien in favor of the City/Town of San Bernardino
For: cost of abatement of nuisance
Name of Owner: Leon Margaret
Amount: $100.00
Recording Date: May 4, 2010
Recording No.: 2010-0173448, of Official Records
CLTA Preliminary Report Form - Modified (11-17-06)
Page 5
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6. Notice of Pendency of Administrative Proceedings No. (Not Shown), and the lien of any a
assessment arising therefrom by the Department of Building and Safety of the County of San
Bernardino, in the matter of unlawful or unsafe conditions on the herein described Land.
Property Owner: Margaret Leon
Recording Date: March 10, 2011
Recording No.: 2011-0100508, of Official Records
7. A lien in favor of the City/Town of San Bernardino
For: cost of abatement of nuisance
Name of Owner: Margaret Leon
Amount: $100.00
Recording Date: May 16, 2011
Recording No.: 2011-0196949, of Official Records
S. A lien in favor of the City/Town of San Bernardino
For: cost of abatement of nuisance
Name of Owner: Margaret Leon
Amount: $440.00
Recording Date: May 21, 2012
Recording No.: 2012-0194540, of Official Records
9. A Notice of Noncompliance - Substandard Building as disclosed by a document
Recording Date: July 18, 2012
Recording No,: 2012-0287771, of Official Records
Reference is made to said document for full particulars.
10. A lien in favor of the City/Town of San Bernardino
For: cost of abatement of nuisance
Name of Owner: Margaret Leon
Amount: $2,519.73
Recording Date: October 26, 2012
Recording No.: 2012-0444962, of Official Records
11. A lien in favor of the City/Town of San Bernardino
For: cost of abatement of nuisance
Name of Owner: Margaret Leon
Amount: $660.00
Recording Date: January 16, 2013
Recording No.: 2013-0021122, of Official Records
12. A lien in favor of the City/Town of San Bernardino
For: cost of abatement of nuisance
Name of Owner: Margaret Leon
Amount: $1,320.00
Recording Date: January 30, 2013
Recording No.: 2013-0041837, of Official Records
CLTA Preliminary Report Form- Modified (11-17-06)
Page 6
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13. A Notice of Noncompliance - Substandard Building as disclosed by a document a
Recording Date: March 1, 2013
Recording No.: 2013-0088796, of Official Records
Reference is made to said document for full particulars.
14. A lien in favor of the City/Town of San Bernardino
For: cost of abatement of nuisance
Name of Owner: Margaret Leon
Amount: $3,300.00
Recording Date: April 1, 2013
Recording No.: 2013-0131580, of Official Records
15. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should
have knowledge of any outstanding obligation, please contact the Title Department immediately for
further review prior to closing.
16. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not
disclosed by the public records.
The Company will require, for review, a full and complete copy of any unrecorded agreement,
contract, license and/or lease, together with all supplements, assignments and amendments
thereto, before issuing any policy of title insurance without excepting this item from coverage,
The Company reserves the right to except additional items and/or make additional requirements
after reviewing said documents.
END OF SCHEDULE B EXCEPTIONS
PLEASE REFER TO THE"NOTES AND REQUIREMENTS SECTION"WHICH FOLLOWS FOR
INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION
CLTA Preliminary Report Form - Modified (11-17-06)
Page 7
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File No: 613672508
REQUIREMENTS SECTION:
Req. No. 1: In order to complete this report, the Company requires a Statement of Information
to be completed by the following party(s),
Party(s): All Parties
The Company reserves the right to add additional items or make further
requirements after review of the requested Statement of Information.
NOTE: The Statement of Information Is necessary to complete the search and
examination of title under this order. Any title search includes matters that are
indexed by name only, and having a completed Statement of Information assists the
Company in the elimination of certain matters which appear to involve the parties
but in fact affect another party with the same or similar name. Be assured that the
Statement of Information is essential and will be kept strictly confidential to this file.
CLTA Preliminary Report Form- Modified (11-17-06)
Page 8
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File No: 613672508
INFORMATIONAL NOTES SECTION
Note No. 1: The information on the attached plat is provided for your convenience as a guide to
the general location of the subject property. The accuracy of this plat is not
guaranteed, nor is it a part of any policy, report or guarantee to which it may be
attached.
Note No. 2: California insurance code section 12413.1 regulates the disbursement of escrow and
sub-escrow funds by title companies. The law requires that funds be deposited in
the title company escrow account and available for withdrawal prior to
disbursement. Funds deposited with the company by wire transfer may be disbursed
upon receipt. Funds deposited with the company via cashier's check or teller's check
drawn on a California based bank may be disbursed on the next business day after
the day of deposit. If funds are deposited with the company by other methods,
recording and/or disbursement may be delayed. All escrow and sub-escrow funds
received by the company will be deposited with other escrow funds in one or more
non-interest bearing escrow accounts of the company in a financial institution
selected by the company. The company may receive certain direct or indirect
benefits from the financial institution by reason of the deposit of such funds or the
maintenance of such accounts with such financial institution, and the company shall
have no obligation to account to the depositing party in any manner for the value
of, or to pay to such party, any benefit received by the company. Those benefits
may include, without limitation, credits allowed by such financial institution on loans
to the company or its parent company and earnings on investments made with the
proceeds of such loans, accounting, reporting and other services and products of
such financial institution. Such benefits shall be deemed additional compensation of
the company for its services in connection with the escrow or sub-escrow.
WIRING INSTRUCTIONS FOR THIS OFFICE ARE:
Union Bank
1980 Saturn Street, V03-012
Monterey Park, CA 91755
(800) 849-6466
ABA # 122000496
CREDIT TO: Lawyers Title - IE
ACCOUNT #: 9101081413
RE: 613672508
PLEASE INDICATE Lawyers Title - IE TITLE ORDER NUMBER
Note No. 3: Lawyers Title is a division of Commonwealth Land Title Insurance Company. The
insurer in policies of title insurance, when issued in this transaction, will be
Commonwealth Land Title Insurance Company.
Note No. 4: None of the items shown in this report will cause the Company to decline to attach
CLTA Endorsement Form 100 to an ALTA Loan Policy, when issued.
CLTA Preliminary Report Form- Modified (11-17-06)
Page 9
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Note No. 5: The following information will be included in the CLTA Form 116 or ALTA Form 22-06
Endorsement to be issued pursuant to this order:
There is located on
said Land: a Single Family Residence
Known as: 974 Home Avenue, City of San Bernardino, California
Note No. 6: There are no conveyances affecting said land recorded within 24 months of the date
of this report.
Note No. 7: The Company requires current beneficiary demands prior to closing. If the demand
is expired and a current demand cannot be obtained, our requirements will be as
follows:
(a) If this Company accepts a verbal update on the demand, we may hold an
amount equal to one monthly mortgage payment. This hold will be in addition to
the verbal hold the lender may have stipulated.
(b) If this Company cannot obtain a verbal update on the demand, we will either
pay off the expired demand, or wait for the amended demand, at our discretion.
(c) All payoff figures are verified at closing. If the customer's last payment was
made within 15 days of closing, our Payoff Department may hold one month's
payment to insure check has cleared the bank (unless a copy of the cancelled
check is provided, in which case there will be no hold.)
Note No. 8: Note: Property taxes for the current fiscal year shown below HAVE NOT BEEN PAID.
(Please refer to Default/Delinquent information shown above.) For proration
purposes the amounts were:
Tax Identification No.: 0144-221-27-0-000
0 Fiscal year: 2012
1st Installment: $354.24
2nd Installment: $354.24
Amount: $708.48
Exemption: None
Land: $6,238.00
Improvements: $13,764.00
Personal Property: None
Bill No.: 120036563
Processor: TM
Date Typed: July 15, 2013
CLTA Preliminary Report Form - Modified (11-17-06)
Page 10
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File No: 613672508 a L
ATTACHMENT ONE
AMERICAN LAND TITLE ASSOCIATION a
RESIDENTIAL TITLE INSURANCE POLICY(6-1-87)EXCLUSIONS
In addition to the Exceptions in Schedule 6, you are not insured the taking happened prior to the Policy Date and is
against loss,costs,attornoys'fees,and expenses resulting from: binding on you if you bought the land without knowing of
1. Governmental police power,and the existence or violation of the taking.
any law or government regulation.This includes building and 3. Title Risks:
zoning ordinances and also laws and regulations 0 that are created,allowed,or agreed to by you
concerning: that are known to you, but not to us, on the Policy
• land use Date—unless they appeared in the public records
• improvements on the land • that result in no loss to you
• land division 0 that first affect your title after the Policy Date—this does
• environmental protection not limit the labor and material lien coverage in Item 8 of
This exclusion does not apply to violations or the Covered Title Risks
enforcement of these matters which appear in the public 4. Failure to pay value for your title.
records at Policy Date. 5. Lack of a right:
This exclusion does not limit the zoning coverage • to any land outside the area specifically described and
described in Items 12 and 13 of Covered Title Risks. referred to in Item 3 of Schedule A
2. The right to take the land by condemning it,unless: or
• a notice of exercising the right appears in the public in streets,alleys,or waterways that touch your land
records on the Policy Date This exclusion does not limit the access coverage in Item 5 of
Covered Title Risks.
In addition to the Exclusions, you are not insured against toss, 3. Any facts about the land which a correct survey would
costs,attorneys'fees,and the expenses resulting from: disclose and which are not shown by the public records.This
1. Any rights,interests,or claims of parties in possession of the does not limit the forced removal coverage in Item 12 of
land not shown by the public records. Covered Title Risks.
2. Any easements or liens not shown by the public records. 4. Any water rights or claims or title to water in or under the
This does not limit the lien coverage in Item 8 of Covered land,whether or not shown by the public records.
Title Risks,
Attachment One(07/26/10)
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N ATTACHMENT ONE
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(Continued)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 Y
v
EXCLUSIONS FROM COVERAGE
a
The following matters are expressly excluded From the coverage (b) not known to the Company, not recorded in the public
of this policy and the Company will not pay loss or damage,costs, and not disclosed Policy, but to the Company cured cl suant
attorneys'fees or expenses which arise by reason of:
1. (a)Any law,ordinance or governmental regulation(including claimant prior to the date the insured claimant became an
but not limited to building and zoning laws, ordinances, or insured under this policy;
regulations)restricting,regulating,prohibiting or relating to(i) (c)resulting in no loss or damage to the insured claimant;
the occupancy, use, or enjoyment of the land; Ili) the (d)attaching or created subsequent to Date of Policy(except
character,dimensions or location of any improvement now or to the extent that this policy insures the priority of the lien of
hereafter erected on the land; (iii)a separation in ownership insured
material mortgage extent insurance is n for services,,
or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) as to assessments for street improvements under
environmental protection, or the effect of any violation of construction or completed at Date of Policy);or
these laws, ordinances or governmental regulations, except (e)resulting in loss or damage which would not have been
to the extent that a notice of the enforcement thereof or a sustained if the insured claimant had paid value for the
notice of a defect, lien or encumbrance resulting from a insured mortgage.
violation or alleged violation affecting the land has been 4. Unenforceability of the lien of the insured mortgage because
recorded in the public records at Date of Policy. of the inability or failure of the insured at Date of Policy,or
(b) Any governmental police power not excluded by (a) the inability or failure of any subsequent owner of the
above, except to the extent that a notice of the exercise indebtedness,to comply with applicable doing business laws
thereof or a notice of a defect,lien or encumbrance resulting of the state in which the land is situated.
from a violation or alleged violation affecting the land has 5. Invalidity or unenforceability of the lien of the insured
been recorded in the public records at Date of Policy. mortgage, or claim thereof, which arises out of the
2. Rights of eminent domain unless notice of the exercise transaction evidenced by the insured mortgage and is based
thereof has been recorded in the public records at Date of upon usury or any consumer credit protection or truth in
Policy, but not excluding from coverage any taking which lending law.
has occurred prior to Date of Policy which would be binding 6. Any claim,which arises out of the transaction vesting in the
on the rights of a purchaser for value without knowledge. insured the estate or interest insured by this policy or the
3. Defects, liens, encumbrances, adverse claims or other transaction a of the creating the
interest federD insured
dd bankruptcy,lender, to
matters:
(a)whether or not recorded in the public records at Date of insolvency or similar creditors'rights laws.
Policy, but created, suffered, assumed or agreed to by the
f insured claimant;
SCHEDULE B, PART I
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason
of:
PARTt
1. Taxes or assessments which are not shown as existing liens 4, Discrepancies, conflicts in boundary lines, shortage in area,
by the records of any taxing authority that levies taxes or encroachments, or any other facts which a correct survey
assessments on real property or by the public records. would disclose, and which are not shown by the public
Proceedings by a public agency which may result in taxes or records.
assessments,or notices of such proceedings,whether or not 5. (a)Unpatented mining claims;(b)reservations or exceptions
shown by the records of such agency or by the public in patents or in Acts authorizing the issuance thereof; (c)
records. water rights, claims or title to water, whether or not the
2. Any facts,rights,interests or claims which are not shown by matters excepted under (a), (b) or (c) are shown by the
the public records but which could be ascertained by an public records.
inspection of the land or which may be asserted by persons 6. Any lien or right to a lien for services,labor or material not
in possession thereof. shown by the Public Records.
3. Easements, liens or encumbrances, or claims thereof, not
shown by the public records.
Attachment One(07/26/10)
i
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L6 ATTACHMENT ONE a�
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(CONTINUED)
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FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92) R
WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE CL
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage as to assessments for street improvements under
of this policy and the Company will not pay loss or damage,costs, construction or completed at Date of Policy);or
attorneys'fees or expenses which arise by reason of: (e) resulting in loss or damage which would not have been
1. (a)Any law,ordinance or governmental regulation(including sustained if the insured claimant had paid value for the
but not limited to building and zoning laws, ordinances, or insured mortgage.
regulations)restricting,regulating,prohibiting or relating to(i) 4. Unenforceability of the lien of the insured mortgage because
the occupancy, use, or enjoyment of the land; (ii) the of the inability or failure of the insured at Date of Policy, or
character,dimensions or location of any improvement now or the inability or failure of any subsequent owner of the
hereafter erected on the land; (iii)a separation in ownership indebtedness,to comply with applicable doing business laws
or a change in the dimensions or area of the land or any of the state in which the land is situated.
parcel of which the land is or was a part; or (iv) 5. Invalidity or unenforceability of the lien of the insured
environmental protection, or the effect of any violation of mortgage, or claim thereof, which arises out of the
these laws, ordinances or governmental regulations, except transaction evidenced by the insured mortgage and is based
to the extent that a notice of the enforcement thereof or a upon usury or any consumer credit protection or truth in
notice of a defect, lien or encumbrance resulting from a lending law.
violation or alleged violation affecting the land has been 6. Any statutory lien for services, labor or materials (or the
recorded in the public records at Date of Policy. claim of priority of any statutory lien for services, labor or
(b) Any governmental police power not excluded by (a) materials over the lien of the insured mortgage)arising from
above, except to the extent that a notice of the exercise an improvement or work related to the land which is
thereof or a notice of a defect,lien or encumbrance resulting contracted for and commenced subsequent to Date of Policy
from a violation or alleged violation affecting the land has and is not financed in whole or in part by proceeds of the
been recorded in the public records at Date of Policy. indebtedness secured by the insured mortgage which at
2. Rights of eminent domain unless notice of the exercise Dale of Policy the insured has advanced or is obligated to
thereof has been recorded in the public records at Date of advance.
Policy, but not excluding from coverage any taking which 7 Any claim, which arises out of the transaction creating the
has occurred prior to Date of Policy which would be binding interest of the mortgagee insured by this policy,by reason of
on the rights of a purchaser for value without knowledge. the operation of federal bankruptcy, state insolvency, or
3. Defects, liens, encumbrances, adverse claims or other similar creditors'rights laws,that is based on:
matters: (i) the transaction creating the interest of the insured
(a)created, suffered, assumed or agreed to by the insured mortgagee being deemed a fraudulent conveyance or
claimant; fraudulent transfer;or
(b) not known to the Company, not recorded in the public (ii)the subordination of the interest of the insured mortgagee
records at Date of Policy,but known to the insured claimant as a result of the application of the doctrine or equitable
and not disclosed in writing to the Company by the insured subordination;or
claimant prior to the date the insured claimant became an (iii) the transaction creating the interest of the insured
insured under this policy; mortgagee being deemed a preferential transfer except
(c)resulting in no loss or damage to the insured claimant; where the preferential transfer results from the failure:
(d)attaching or created subsequent to Date of Policy(except (a)to timely record the instrument of transfer;or
to the extent that this policy insures the priority of the lien of (b)of such recordation to impart notice to a purchaser for
the insured mortgage over any statutory lien for services, value or a judgment or lien creditor.
labor or material or to the extent insurance is afforded herein
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the
following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason
of:
1. Taxes or assessments which are not shown as existing liens 4. Discrepancies,conflicts in boundary lines,shortage in area,
by the records of any taxing authority that levies taxes or encroachments, or any other facts which a correct survey
assessments on real property or by the public records. would disclose, and which are not shown by the public
Proceedings by a public agency which may result in taxes or records.
assessments,or notices of such proceedings,whether or not 5. (a)Unpatented mining claims;(b)reservations or exceptions
shown by the records of such agency or by the public in patents or in Acts authorizing the issuance thereof; (c)
records. water rights, claims or title to water, whether or not the
2. Any facts,rights,interests or claims which are not shown by matters excepted under (a), (b) or (c) are shown by the
the public records but which could be ascertained by an public records.
inspection of the land or which may be asserted by persons 6. Any lien or right to a lien for services, labor or material not
in possession thereof. shown by the Public Records.
3. Easements, liens or encumbrances, or claims thereof, not
shown by the public records.
0
Attachment One(07/26/10)
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(CONTINUED) .�
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2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(06-17-06)
EXCLUSIONS FROM COVERAGE a
The following matters are expressly excluded from the coverage (c)resulting in no loss or damage to the Insured Claimant;
of this policy, and the Company will not pay loss or damage, (d) attaching or created subsequent to Date of Policy
costs,attorneys'fees,or expenses that arise by reason of: (however,this does not modify or limit the coverage provided
1. (a) Any law, ordinance, permit, or governmental regulation under Covered Risk 11,13 or 14);or
(including those relating to building and zoning) restricting, (e) resulting in loss or damage that would not have been
regulating,prohibiting,or relating to sustained if the Insured Claimant had paid value for the
(i)the occupancy,use,or enjoyment of the Land; Insured Mortgage.
(ii) the character, dimensions, or location of any 4. Unenforceability of the lien of the Insured Mortgage because
improvement erected on the Land; of the inability or failure of an Insured to comply with
(iii)the subdivision of land;or applicable doing-business laws of the state where the Land
(iv)environmental protection; is situated.
or the effect of any violation of these laws, ordinances, or 5. Invalidity or unenforceability in whole or in part of the lien of
governmental regulations. This Exclusion 1(a) does not the Insured Mortgage that arises out of the transaction
modify or limit the coverage provided under Covered Risk 5. evidenced by the Insured Mortgage and is based upon usury
(b)Any governmental police power.This Exclusion 1(b)does or any consumer credit protection or truth-in-lending law.
not modify or limit the coverage provided under Covered 6. Any claim,by reason of the operation of federal bankruptcy,
Risk 6. state insolvency, or similar creditors' rights laws, that the
2. Rights of eminent domain.This Exclusion does not modify or transaction creating the lien of the Insured Mortgage,is
limit the coverage provided under Covered Risk 7 or 6. (a)a fraudulent conveyance or fraudulent transfer,or
3. Defects, liens, encumbrances, adverse claims, or other (b) a preferential transfer for any reason not stated in
matters Covered Risk 13(b)of this policy.
(a)created, suffered, assumed, or agreed to by the Insured 7. Any lien on the Title for real estate taxes or assessments
Claimant; imposed by governmental authority and created or attaching
(b) not Known to the Company, not recorded in the Public between Date of Policy and the date of recording of the
Records at Date of Policy, but Known to the Insured Insured Mortgage in the Public Records. This Exclusion
Claimant and not disclosed in writing to the Company by the does not modify or limit the coverage provided under
Insured Claimant prior to the date the Insured Claimant Covered Risk 11(b)_
became an Insured under this policy;
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the
following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)that arise by reason of:
1. (a) Taxes or assessments that are not shown as existing 4. Any encroachment, encumbrance, violation, variation, or
liens by the records of any taxing authority that levies taxes adverse circumstance affecting the Title that would be
or assessments on real property or by the Public Records; disclosed by an accurate and complete land survey of the
(b)proceedings by a public agency that may result in taxes Land and not shown by the Public Records.
or assessments,or notices of such proceedings,whether or 5. (a)Unpatented mining claims;(b)reservations or exceptions
not shown by the records of such agency or by the Public in patents or in Acts authorizing the issuance thereof; (c)
Records. water rights, claims or title to water, whether or not the
2. Any facts, rights, interests,or claims that are not shown by matters excepted under (a), (b), or (c) are shown by the
the Public Records but that could be ascertained by an Public Records.
inspection of the Land or that may be asserted by persons in 6. Any lien or right to a lien for services, labor or material not
possession of the Land. shown by the Public Records.
3. Easements, liens or encumbrances, or claims thereof, not
shown by the Public Records.
0
Attachment One(07126/10)
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(CONTINUED) r
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r r� FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(10-17-92)
EXCLUSIONS FROM COVERAGE 0-
The following matters are expressly excluded from the coverage 3. Defects, liens, encumbrances, adverse claims or other
of this policy and the Company will not pay loss or damage,costs, matters:
attorneys'fees or expenses which arise by reason of: (a)created, suffered, assumed or agreed to by the insured
1. (a)Any law,ordinance or governmental regulation(including claimant;
but not limited to building and zoning laws, ordinances, or (b) not known to the Company, not recorded in the public
regulations)restricting,regulating,prohibiting or relating to(i) records at Date of Policy,but known to the insured claimant
the occupancy, use, or enjoyment of the land; (ii) the and not disclosed in writing to the Company by the insured
character,dimensions or location of any improvement now or claimant prior to the date the insured claimant became an
hereafter erected on the land; (iii)a separation in ownership insured under this policy;
or a change in the dimensions or area of the land or any (c)resulting in no loss or damage to the insured claimant;
parcel of which the land is or was a part; or (iv) (d)attaching or created subsequent to Date of Policy;or
environmental protection, or the effect of any violation of (e) resulting in loss or damage which would not have been
these laws, ordinances or governmental regulations, except sustained if the insured claimant had paid value for the
to the extent that a notice of the enforcement thereof or a estate or interest insured by this policy.
notice of a defect, lien or encumbrance resulting from a 4. Any claim,which arises out of the transaction vesting in the
violation or alleged violation affecting the land has been insured the estate or interest insured by this policy, by
recorded in the public records at Date of Policy. reason of the operation of federal bankruptcy, state
(b) Any governmental police power not excluded by (a) insolvency,or similar creditors'rights laws,that is based on:
above, except to the extent that a notice of the exercise (i)the transaction creating the estate or interest insured by
thereof or a notice of a defect,lien or encumbrance resulting this policy being deemed a fraudulent conveyance or
from a violation or alleged violation affecting the land has fraudulent transfer;or
been recorded in the public records at Date of Policy. (ii)the transaction creating the estate or interest insured by
2. Rights of eminent domain unless notice of the exercise this policy being deemed a preferential transfer except where
thereof has been recorded in the public records at Date of the preferential transfer results from the failure:
Policy, but not excluding from coverage any taking which (a)to timely record the instrument of transfer;or
has occurred prior to Date of Policy which would be binding (b)of such recordation to impart notice to a purchaser for
on the rights of a purchaser for value without knowledge. value or a judgment or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage Policy will also include the
following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason
of:
1. Taxes or assessments which are not shown as existing liens 4. Discrepancies,conflicts in boundary lines, shortage in area,
by the records of any taxing authority that levies taxes or encroachments, or any other facts which a correct survey
assessments on real property or by the public records. would disclose, and which are not shown by the public
Proceedings by a public agency which may result in taxes or records.
assessments,or notices of such proceedings,whether or not 5. (a)Unpatented mining claims;(b)reservations or exceptions
shown by the records of such agency or by the public in patents or in Acts authorizing the issuance thereof; (c)
records. water rights, claims or title to water, whether or not the
2. Any facts,rights, interests or claims which are not shown by matters excepted under (a), (b) or (c) are shown by the
the public records but which could be ascertained by an public records.
inspection of the land or which may be asserted by persons 6. Any lien or right to a lien for services, labor or material not
in possession thereof. shown by the Public Records.
3. Easements,liens or encumbrances,or claims thereof,which
are not shown by the public records.
Attachment One(07/26/10)
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ui ATTACHMENT ONE a
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(CONTINUED) +�
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Y
2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(06-17-06)
EXCLUSIONS FROM COVERAGE ti
The following matters are expressly excluded from the coverage (b) not Known to the Company, not recorded in the Public
of this policy, and the Company will not pay loss or damage, Records at Date of Policy, but Known to the Insured
costs,attorneys'fees,or expenses that arise by reason of: Claimant and not disclosed in writing to the Company by the
1. (a) Any law, ordinance, permit, or governmental regulation insured Claimant prior to the date the Insured Claimant
(including those relating to building and zoning) restricting, became an Insured under this policy;
regulating,prohibiting,or relating to (c)resulting in no loss or damage to the Insured Claimant;
(i)the occupancy,use,or enjoyment of the Land; (d) attaching or created subsequent to Date of Policy
(ii) the character, dimensions, or location of any (however,this does not modify or limit the coverage provided
improvement erected on the Land; under Covered Risk 9 and 10);or
(iii)the subdivision of land;or (e) resulting in loss or damage that would not have been
(iv)environmental protection; sustained if the Insured Claimant had paid value for the Title.
or the effect of any violation of these laws, ordinances, or 4. Any claim,by reason of the operation of federal bankruptcy,
governmental regulations. This Exclusion 1(a) does not state insolvency, or similar creditors' rights laws, that the
modify or limit the coverage provided under Covered Risk 5. transaction vesting the Title as shown in Schedule A,is
(b) Any governmental police power. This Exclusion 1(b) (a)a fraudulent conveyance or fraudulent transfer;or
does not modity or limit the coverage provided under (b) a preferential transfer for any reason not stated in
Covered Risk 6. Covered Risk 9 of this policy
2. Rights of eminent domain. This Exclusion does not modify 5 Any lien on the Title for real estate taxes or assessments
or limit the coverage provided under Covered Risk 7 or 8. imposed by governmental authority and created or attaching
3. Defects, liens, encumbrances, adverse claims, or other between Date of Policy and the date of recording of the deed
matters or other instrument of transfer in the Public Records that
(a)created, suffered, assumed, or agreed to by the Insured vests Title as shown in Schedule A.
Claimant;
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the
following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)that arise by reason of:
1. (a) Taxes or assessments that are not shown as existing 4. Any encroachment, encumbrance, violation, variation, or
J liens by the records of any taxing authority that levies taxes adverse circumstance affecting the Title that would be
1( or assessments on real property or by the Public Records; disclosed by an accurate and complete land survey of the
(b)proceedings by a public agency that may result in taxes Land and that are not shown by the Public Records.
or assessments,or notices of such proceedings, whether or 5. (a)Unpatented mining claims;(b)reservations or exceptions
not shown by the records of such agency or by the Public in patents or in Acts authorizing the issuance thereof; (c)
Records. water rights, claims or title to water, whether or not the
2. Any facts, rights, interests, or claims that are not shown in matters excepted under (a), (b), or (c) are shown by the
the Public Records but that could be ascertained by an Public Records.
inspection of the Land or that may be asserted by persons in 6. Any lien or right to a lien for services, labor or material not
possession of the Land. shown by the Public Records.
1 Easements, liens or encumbrances, or claims thereof, not
shown by the Public Records.
Attachment One(07/26/10)
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ATTACHMENT ONE .
(CONTINUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE(10-22-03)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE(10-22-03) a
EXCLUSIONS
In addition to the Exceptions in Schedule B,You are not insured against loss,costs,attomeys'fees,and expenses resulting from:
1. Governmental police power,and the existence or violation of b. the taking happened before the Policy Date and is
any law or government regulation.This includes ordinances, binding on You if You bought the Land without Knowing
laws and regulations concerning: of the taking.
a. building 4. Risks:
b. zoning a. that are created,allowed,or agreed to by You,whether
C. Land use or not they appear in the Public Records.
d. improvements on Land b. that are Known to You at the Policy Date,but not to Us,
e. land division unless they appear in the Public Records at the Policy
f. environmental protection Date;
This Exclusion does not apply to violations or the enforcement of cl that result in no loss to You;or
these matters if notice of the violation or enforcement appears in d. that first occur after the Policy Date—this does not limit
the Public Records at the Policy Dale. the coverage described in Covered Risk 7,8.d.,22,23,
This Exclusion does not limit the coverage described in Covered 24 or 25.
Risk 14, 15, 16, 17 or 24. 5. Failure to pay value for Your Title.
2. The failure of Your existing structures,or any part of them,to 6. Lack of a right:
be constructed in accordance with applicable building codes. a. to any Land outside the area specifically described and
This Exclusion does not apply to violations of building codes referred to in paragraph 3 of Schedule A;and
if notice of the violation appears in the Public Records at the b. in streets,alleys,or waterways that touch the Land.
Policy Date. This Exclusion does not limit the coverage described in Covered
3. The right to take the Land by condemning it,unless: Risk 11 or 18.
a. notice of exercising the right appears in the Public
Records at the Policy Date;or
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk 14,15, 16,and 18,Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Our Maximum
Dollar Limit of
Your Deductible Amount Liabilit
Covered Risk 14: 1.00%of Policy Amount $1 D.0
or
$2,500.00
(whichever is less)
Covered Risk 15: 1.00%of Policy Amount $25.000.00
or
$5.000.00
(whichever is less)
Covered Risk 16: 1.00%of Policy Amount $25.000.00
or
$5.000.00
(whichever is less)
Covered Risk 16: 1.00%of Policy Amount $5.000.00
or
$2.500.00
(whichever is less)
Attachment One(07/26/10)
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ATTACHMENT ONE M
(CONTINUED)
L6 a
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CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE(02-03-10) Y
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE(02-03-10) ti
EXCLUSIONS
In addition to the Exceptions in Schedule B,You are not insured against loss,costs,attorneys'fees,and expenses resulting from:
1. Governmental police power,and the existence or violation of those portions of any law or govemment regulation concerning:
a.building;
b.zoning;
c.land use;
d,improvements on the Land;
e.land division;and
f,environmental protection,
This Exclusion does not limit the coverage described in Covered Risk 8.a.,14,15, 16,18, 19,20,23 or 27.
2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This
Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a.that are created,allowed,or agreed to by You,whether or not they are recorded in the Public Records;
b.that are Known to You at the Policy Date,but not to Us,unless they are recorded in the Public Records at the Policy Date;
c.that result in no loss to You;or
d.that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,B.e.,25,26,27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a.to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and
b.in streets,alleys,or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal
bankruptcy,state insolvency,or similar creditors'rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk 16, 18,19,and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount Our Maximum Dollar Limit of Liability
Covered Risk 16: 1%of Policy Amount Shown in Schedule A $10,000.00
or
$2,500.00
(whichever is less)
Covered Risk 18: 1%of Policy Amount Shown in Schedule A $25,000.00
or
$5,000.00
(whichever is less)
Covered Risk 19: 1%of Policy Amount Shown in Schedule A $25,000.00
or
$5,000.00
(whichever is less)
Covered Risk 21: 1%of Policy Amount Shown in Schedule A $5,000.00
or
$2,500.00
(whichever is less)
1
Attachment One(07/26110)
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-a °
vi ATTACHMENT ONE ti
(CONTINUED)
m
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(10/13/01)
i U
EXCLUSIONS FROM COVERAGE a
The following matters are expressly excluded from the coverage Covered Risks 8, 16, 18, 19, 20, 21,22,23,24,25 and 26);
of this policy and the Company will not pay loss or damage,costs, or
attorneys'fees or expenses which arise by reason of: (e)resulting in loss or damage which would not have been
1. (a)Any law,ordinance or governmental regulation(including sustained if the Insured Claimant had paid value for the
but not limited to zoning laws, ordinances, or regulations) Insured Mortgage.
restricting, regulating, prohibiting or relating to (i) the 4. Unenforceability of the lien of the Insured Mortgage because
occupancy, use,or enjoyment of the Land; (ii)the character, of the inability or failure of the Insured at Date of Policy,or
dimensions or location of any improvements now or hereafter the inability or failure of any subsequent owner of the
erected on the Land; (iii) a separation in ownership or a indebtedness,to Comply with applicable doing business laws
change in the dimensions or areas of the Land or any parcel of the state in which the Land is situated.
of which the Land is or was a part; or (iv) environmental 5. Invalidity or unenforceability of the lien of the Insured
protection, or the effect of any violation of these laws, Mortgage, or claim thereof, which arises out of the
ordinances or governmental regulations,except to the extent transaction evidenced by the Insured Mortgage and is based
that notice of the enforcement thereof or a notice of a defect, upon usury, except as provided in Covered Risk 27, or any
lien or encumbrance resulting from a violation or alleged consumer credit protection or truth-in-lending law.
violation affecting the Land has been recorded in the Public 6. Real property taxes or assessments of any governmental
Records at Date of Policy.This exclusion does not limit the authority which become a lien on the Land subsequent to
coverage provided under Covered Risks 12, 13, 14 and 16 of date of Policy. This exclusion does not limit the coverage
this policy. provided under Covered Risks 7,8(e)and 26.
(b) Any governmental police power not excluded by (a) 7. Any claim of invalidity, unenforceability or lack of priority of
above, except to the extent that a notice of the exercise the lien of the Insured Mortgage as to advances or
thereof or a notice of a defect,lien or encumbrance resulting modifications made after the Insured has Knowledge that the
from a violation or alleged violation affecting the Land has vestee shown in Schedule A is no longer the owner of the
been recorded in the Public Records a Date of Policy. This estate or interest covered by this policy.This exclusion does
exclusion does not limit the coverage provided under not limit the coverage provided in Covered Risk B.
Covered Risks 12, 13,14,and 16 of this policy. 8. Lack of priority of the lien of the Insured Mortgage as to each
2. Rights of eminent domain unless notice of the exercise and every advance made after Date of Policy, and all
thereof has been recorded in the Public Records at Date of interest charged thereon, over liens, encumbrances and
Policy, but not excluding from coverage any taking which other matters affecting the title, the existence of which are
has occurred prior to Date of Policy which would be binding Known to the Insured at:
�. on the rights of a purchaser for value without Knowledge. (a)The time of the advance;or
3. Defects, liens, encumbrances, adverse claims or other (b) The time a modification is made to the terms of the
matters: Insured Mortgage which changes the rate of interest
(a) created, suffered, assumed or agreed to by the Insured charged, if the rate of interest is greater as a result of the
Claimant; modification than it would have been before the modification.
(b) not Known to the Company, not recorded in the Public This exclusion does not limit the coverage provided in
Records at Date of Policy, but Known to the Insured Covered Risk B.
Claimant and not disclosed in writing to the Company by the 9. The failure of the residential structure,or any portion thereof
Insured Claimant prior to the date the Insured Claimant to have been constructed before,on or after Date of Policy in
became an Insured under this policy; accordance with applicable building codes. This exclusion
(c)resulting in no loss damage to the Insured Claimant; does not apply to violations of building codes if notice of the
(d) attaching or created subsequent to Date of Policy (this violation appears in the Public Records at Date of Policy
paragraph does not limit the coverage provided under
Attachment One(07126/10)
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Sri a
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(07/26110) y
EXCLUSIONS FROM COVERAGE Y
v
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' d
fees or expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting or relating to
(i) the occupancy,use,or enjoyment of the Land;
(ii) the character,dimensions or location of any improvement erected on the Land;
(iii) the subdivision of land;or
(iv) environmental protection;
or the effect of any violation of these laws,ordinances or governmental regulations.This Exclusion 1(a)does not modify or limit the
coverage provided under Covered Risk 5,6, 13(c),13(d),14 or 16.
(b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 5,6, 13(c),
13(d),14 or 16.
2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a) created,suffered,assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk
11,16,17,18,19,20,21,22,23,24,27 or 28);or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury,or any consumer credit protection or truth-in-lending law.This Exclusion does not modify or
limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after
the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.
This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to
Date of Policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b)or 25.
8. The failure of the residential structure,or any portion of it,to have been constructed before,on or after Date of Policy in accordance with
applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction creating
the lien of the Insured Mortgage,is
(a)a fraudulent conveyance or fraudulent transfer,or
(b)a preferential transfer for any reason not stated in Covered Risk 27(b)of this policy.
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Phone: (951) 774-0825
Fax: ( ) IL
Order No. 613672508
Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial,
Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate
filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be
aware that the provision of this notice does not constitute a waiver of the consumer's right to be
charged the filed rate. As such, your transaction may not qualify for the below discounts.
You are encouraged to discuss the applicability of one or more of the below discounts with a Company
representative. These discounts are generally described below; consult the rate manual for a full
description of the terms, conditions and requirements for such discount. These discounts only apply to
transactions involving services rendered by the FNF Family of Companies. This notice only applies to
transactions involving property improved with a one-to-four family residential dwelling.
FNF Underwritten Title Company FNF Underwriter
LTC — Lawyers Title Company CLTIC — Commonwealth Land Title Insurance Co.
Available Discounts
DISASTER LOANS (CLTIC)
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or
refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by
the government of the United States or the State of California on any land located in said area, which
was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate.
EMPLOYEE RATE (LTC and CLTIC)
No charge shall be made to employees (including employees on approved retirement} of the Company
or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection
with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of
such charges is authorized only in connection with those costs which the employee would be obligated
to pay, by established custom, as a party to the transaction.
Notice of Available Discount Mod. 10/21/2011
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L6; Effective Date: 5/1/2008
Fidelity National Financial, Inc.
Privacy Statement
Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your
non-public personal information ("Personal Information") and protecting your Personal Information is
one of our top priorities. This Privacy Statement explains FNF's privacy practices, including haw we
use the Personal Information we receive from you and from other specified sources, and to whom it
may be disclosed. FNF follows the privacy practices described in this Privacy Statement and,
depending on the business performed, FNF companies may share information as described herein.
Personal Information Collected
We may collect Personal Information about you from the following sources:
• Information we receive from you on applications or other forms, such as your name, address,
social security number, tax identification number, asset information, and income information;
• Information we receive from you through our Internet websites, such as your name, address,
email address, Internet Protocol address, the website links you used to get to our websites, and
your activity while using or reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others,
such as information concerning your policy, premiums, payment history, information about your
home or other real property, information from lenders and other third parties involved in such
transaction, account balances, and credit card information; and
• Information we receive from consumer or other reporting agencies and publicly recorded
documents.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from consumer or other
credit reporting agencies) to various individuals and companies, as permitted by law, without
obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures.
Disclosures may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you
with services you have requested, and to enable us to detect or prevent criminal activity, fraud,
a material misrepresentation, or nondisclosure in connection with an insurance transaction;
• To third-party contractors or service providers for the purpose of determining your eligibility for an
insurance benefit or payment and/or providing you with services you have requested;
• To an insurance regulatory authority, or a law enforcement or other governmental authority, in a
civil action, in connection with a subpoena or a governmental investigation;
• To companies that perform marketing services on our behalf or to other financial institutions with
which we have joint marketing agreements and/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an
interest in title whose claim or interest must be determined, settled, paid or released prior to a
title or escrow closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such
disclosure is reasonably necessary to comply with the law or to protect the safety of our customers,
employees, or property and/or to comply with a judicial proceeding, court order or legal process.
Page 1 of 2
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Disclosure to Affiliated Companies - We are permitted by law to share your name, address and facts
about your transaction with other FNF companies, such as insurance companies, agents, and other ti
real estate service providers to provide you with services you have requested, for marketing or
product development research, or to market products or services to you. We do not, however, disclose
information we collect from consumer or credit reporting agencies with our affiliates or others without
your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law.
Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our
customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise
permitted by law.
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that
information to provide products or services to you. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard Personal Information.
Access To Personal Information/
Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information, under
certain circumstances to find out to whom your Personal Information has been disclosed, and request
correction or deletion of your Personal Information. However, FNF's current policy is to maintain
customers' Personal Information for no less than your state's required record retention requirements
for the purpose of handling future coverage claims.
For your protection, all requests made under this section must be in writing and must include vour
notarized signature to establish our identity. Where permitted by law, we may charge a reasonable
fee to cover the costs incurred in responding to such requests. Please send requests to:
Chief Privacy Officer
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, FL 32204
Changes to this Privacy Statement
This Privacy Statement may be amended from time to time consistent with applicable privacy laws.
When we amend this Privacy Statement, we will post a notice of such changes on our website. The
effective date of this Privacy Statement, as stated above, indicates the last time this Privacy
Statement was revised or materially changed.
Page 2 of 2
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AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY
CL
This agreement is made this day of by and between the Board of
Supervisors of San Bernardino County, State of California, and the City of San Bernardino Municipal Water
Department ("PURCHASER"), pursuant to the provisions of Division 1, Part 6, Chapter 8, of the Revenue and
Taxation Code.
The real property situated within said county, hereinafter set forth and described in Exhibit "A", is tax-defaulted
and is subject to the power of sale by the tax collector of said county for the nonpayment of taxes, pursuant to
provisions of law.
It is mutually agreed as follows:
1. That, as provided by Revenue and Taxation Code §3800, the cost of giving notice of this agreement shall
be paid by the PURCHASER, and
2. That the PURCHASER agrees to pay the sum of$ 12,400 for the real property described in Exhibit "A"
within 15 days after the date this agreement becomes effective. Upon payment of said sum to the tax
collector, the tax collector shall execute and deliver a deed conveying title to said property to
PURCHASER.
3. The property sold pursuant to this agreement is offered and sold as is. The State, the County, and each
employee of those entities acting in the employee's official capacity in preparing, conducting, and selling
property under this agreement, are not liable for any known or unknown conditions of the property,
including, but not limited to, errors in the Assessors records pertaining to improvement of the property.
4. That the PURCHASER agrees to use the parcel(s)for public purpose under the following intent:
Municipal Water Supply for the City of San Bernardino.
5. That, if said purchaser is a taxing agency as defined in the Revenue and Taxation Code§121 or any
other agency that receives its revenue share under the provision of Division 1. Part 8, Chapter 3 of the
Revenue and Taxation Code, it will not share in the distribution of the payment required by the Agreement
as defined by§3791 and§3720 of the Revenue and Taxation Code.
If all or any portion of any individual parcel described in this agreement is redeemed prior to the effective date of
this agreement, this agreement shall be null and void as to that individual parcel.
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The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for
said agencies.
This document is being executed in counterpart each of which constitutes an original
ATTEST:
By:
(Purchaser)
(seal)
ATTEST:SIGNED AND CERTIFIED THAT BOARD OF SUPERVISORS
A COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD
Laura H. Welch By —
Clerk of the Board of Supervisors
of the County of San Bernardino
By - By-
Deputy Janice Rutherford, Chair
(seal)
Pursuant to the provisions of Revenue and Taxation Code §3775, the governing body of the City of San
Bernardino, hereby agrees to the selling price as provided in this agreement.
BOARD OF WATER COMMISSIONERS
ATTEST: CI OF SAN BERNARDINO
By
Deputy esident
(seal)
Pursuant to the provisions of Revenue and Taxation Code §3795, the Controller approves the foregoing
agreement this day of
JOHN CHIANG, CALIFORNIA STATE CONTROLLER
i3y:
LINDA YAMANAKA, BUREAU CHIEF
Local Government Policy and Reporting
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EXHIBIT A a
City of San Bernardino Municipal Water Department
0144-221-27-0000 $ 12,400.00
Total: $ 12,400.00
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This is to notify you of the your obligations relating to the American Recovery and Reinvestment Act of 2009,
190W pursuant to the Contract+_with San Bernardino County effective , 2013. a
AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING(ARRA)
Use of ARRA Funds and Requirements
This Contract may be funded in whole or in part with funds provided by the American Recovery and Reinvestment
Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery
funds for a project for the construction, alteration, maintenance or repair of a public building or public work(both
as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140)
used in the project are produced in the United States. A waiver is available under three limited circumstances: (i)
Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable
quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United
States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic
preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement.
Request for a waiver must be made to the County for an appropriate determination.
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on
projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to
ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality
as determined by the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 31). This is referred
to as the"wage rate"requirement.
The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements.
Contractor must contact the County contact if it has any questions regarding the applicability or implementation of
the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed
information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to
employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be
required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or
documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and
may result in the withholding of payments and termination of this Contract.
Contractor may also be required to register in the Central Contractor Registration (CCR) database at
http://www.ccr.goy and may be required to have its subcontractors also register in the same database. Contractor
must contact the County with any questions regarding registration requirements.
Schedule of Expenditure of Federal Awards
In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and
reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the
expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards
(SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-
133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and
SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number,
and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award
number consistent with the recipient reports required by ARRA Section 1512 (c).
In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-
contract and at the time of disbursement of funds, the Federal award number, any special CFDA number
assigned for ARRA purposes, and amount of ARRA funds.
{
Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill
any reporting requirements under ARRA described in this section. The information may be required as frequently
as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested
by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the
withholding of payments and termination of this Contract.
9
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1 do hereby acknowledge receipt of the American Recovery and Reinvestment Act(ARRA) Funding requirements m
that became effective August 12, 2009, and understand and agree to the contractual obligations stipulated herein
for contracts with San Bernardino County. a.
Stacey R. Aldstadt
Printed Name
ignature
General Manager
Title
City of San Bernardino Municipal Water Department
Company or Organization
N/A
Contract Number(s)
Date
MINUTES
BOARD OF WATER COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
j REGULAR MEETING
AUGUST 20, 2013
Water Department Board Room a
300 North "D" Street, 5`'Floor o
San Bernardino, California w
9:30 a.m.
The Regular Meeting of the Board of Water Commissioners of the City of San Bernardino was
called to order by President Callicott at 9:30 a.m. on August 20,2013 in the Board Room of the o
Water Department Offices, 5th Floor, 300 North "D" Street,San Bernardino, California. �-
d
ROLL CALL: Roll call was taken by the Secretary with the following being present: President
Calhcott; Commissioners Cocke, Hendrix,Fernandez and Valles; staff Aldstadt, Ohama,Litchfield, o
Claus, Shepardson, and Kolbow; Henry Empefio,City Attorney's Office; Pat Rogers, Information x
Technology Manager,Amy Casas, Executive Secretary.
w
0
1. CLOSED SESSION: President Calhcott adjourned the Regular Meeting of the Board of
Water Commissioners to a Closed Session. At 9:31 a.m., the Regular Meeting of the Board
of Water Commissioners was recessed and a Closed Session was called to order in
accordance with the following Government Code Sections: a
A. Conference with legal counsel—existing litigation—pursuant to Government Code
Section 54956.9(a) In Re Cily of San Bernardino, California, United States Bankruptcy Court, co
Central District of California (Riverside), Case No. 6:12-bk-28006-MJ. too
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B. Conference with legal counsel—anticipated litigation— significant exposure to litigation r
—pursuant to Subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9 (1 c°v�
claim). 00
W
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1. Regarding the claim of Angelica Martinez, Claim No. 13-110,involving bodily injury
to Ms. Martinez, on February 11, 2013, after she stepped from a car into an open
utility box in the sidewalk. Field verification from Water Department staff
determined the box did not belong to the Water Department. The Board of Water
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Commissioners,upon motion by Commissioner Cocke, duly seconded by m
Commissioner Valles, unanimously voted to deny the claim. c
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ROLL CALL: Roll call was taken by the Secretary with the following being present: President ca
Calhcott; Commissioners Cocke, Hendrix, Fernandez and Valles; staff Aldstadt, Ohama,Litchfield, ca
Claus, Shepardson, and Kolbow; Henry Empeno, City Attorney's Office;Amy Casas,Executive
Secretary.
ADJOURN CLOSED SESSION: At 10:05 a.m., the Closed Session of the Board of Water
Commissioners adjourned to the Regular Meeting of the Board of Water Commissioners in
the Water Department Board Room.
Packet p .412
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ROLL CALL: Roll call was taken by the Secretary with the following being present: President
Callicott-, Commissioners Cocke, Hendrix, Fernindez and Valles; staff Aldstadt, Ohama,Litchfield,
Claus,Shepardson, and Kolbow; Henry Empeno,City Attorney's Office; Pat Rogers, Information
Technology Manager;Amy Casas, Executive Secretary.
David Arciniega and four family members arrived at 10:16 a.m.
1 ANNOUNCEMENTS BY MEMBERS OF THE BOARD OF WATER o
COMMISSIONERS: None L
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3. CONSENT CALENDAR: Upon motion by Cotntnissioner Hendrix, duly seconded by
Commissioner Cocke,it was unanimously voted to approve the following Consent Calendar,
Agenda Items 3A through 3E: 0
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A. WAIVE FULL READING OF RESOLUTIONS: Waive full reading of the
resolutions on the regular or supplemental agendas of the Board of Water =
Commissioners. m
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B. PAYROLL M
Water Fund Sewer Fund Total ,-
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Claims: 219832-220169 m
Accounts Payable $3,386,358.15 $798,129.77 54,184,487.92
j Gross Payroll: 07/15/13-
07/28/13 282,927.94 190,424.92 473352.83 a
TOTALS 53,669,286,0 5988,554.69 $4,657,840.7
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Payroll for the pay period of July 29, 2013 to August 11, 2013.
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C. CONTRACT'S AND BILLS: Contracts and bills presented at this meeting. N
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D. MINUTES: August 6, 2013 c
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E. PERSONNEL ACTIONS: 0
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1. APPOINTMENT: Enrique Degortari, Water Reclamation Trainee, Range 128, S
Section 4020, ratify effective August 12, 2013.
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2. PROMOTION: Devin Arciniega, Office Assistant, Section 2050, Range 128, to
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Senior Office Assistant, Range 136, Section 2050, effective August 19, 2013, u)
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END OF CONSEJ1\TT CAI—FNDAR E
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4. ADDITIONS TO THE AGENDA: None. Q
5. AUTHORIZATION TO PURCHASE TAX-DEFAULTED PROPERTY —APN 0144-
221-27-0-000- 974 HOME AVENUE SAN BERNRARDINO CA: The San Bernardino
Municipal Water Department (Department) owns EPA Well No. 109 located at 980 West
Home Avenue and has been operating the well since 2005 as part of the Newmark
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Groundwater Contamination EPA Superfund Site. The parcel and house east and adjacent
to the EPA Well 109 parcel,974 Home Avenue (APN 0144-221-27-0-000), has been
abandoned for many= years and is frequently vandalized,is in substandard condition and
frequented by squatters. Staff visits the well site two to three times per day and this type of
activity adjacent to the well site is a safety and security concern. Department staff and
SBMWD Consent Decree Hydrogeologist, Mark Eisen of Stantec,are considering the
installation of a shallow well adjacent to EPA Well 109. The purchase of the parcel due east
of EPA 109 would allow the Department to construct and develop the new shallow well, o
while simultaneously eliminating the safety and security concern. The County of San
Bernardino (County) declared this parcel as tax-defaulted and is subject to the power of sale
by the tax collector. A total of approximately$12, 400.00 is owed to the County in unpaid ,
property taxes and City of San Bernardino (City) Code Compliance unpaid citation liens. In
order for the Department to purchase the property, staff will need to submit an executed a
Agreement and a Resolution giving authorization to purchase the tax-defaulted property a`
from the County. The property taxes owed on the property in the amount of$3,922-00,%u 0
be paid to the County and the balance of the purchase price would be paid to the City to
recompense for the liens on the property. Staff anticipated this project in the Water Fund „a
Capital Improvement Budget titled Muscoy—EPA #109 Shallow bell,with funding in the o
amount of$155,000.00.
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Upon motion by Commissioner Valles, duly seconded by Commissioner Cocke,it was m
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unanimously voted to adopt the resolution authorizing the agreement to purchase tax-
defaulted property from the County of San Bernardino known as Assessor's Parcel Number
0144-221-27-0-000, 974 Home Avenue, San Bernardino, California. ti
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G. ACCEPTANCE OF WATER UTILITY EASEMENT FOR THE OMNITRANS SBX a
PROJECT (EPN 2009-004. The Omnitrans sbX Project involves street widening for
f Hospitality Lane, "E" Street, and Kendall Drive. The street widening requires that 00
relocation of numerous Department facilities including fire and domestic water services, N
j geothermal services, fire hydrants, two water pipelines, and other appurtenances. The ce)
j additional Right of Way obtained by the sbX Project is insufficient, in some instances, to c
accommodate the relocation of large domestic and fire service vaults owned by the C�CO
Department; therefore, easements will be needed. The existing fire service that serves the
property= known as APN 0141-402-30 will require an easement for the proposed vault
relocation. Omnitrans has provided the Department with easement documents for
execution. o
Upon motion by Commissioner Hendrix, duly seconded by Commissioner Femindez,it was
unanimously voted to accept the Grant of Easement from IHOP Real Estate, LLC, a
Delaware limited liability company within the property known as APN 0141-402-30 and as 4)
described in the easement documents; the Secretary was authorized to submit the easement
documents to the City Clerk for signature and recordation.
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7. ACCEPTANCE OF WATER UTILTI'Y EASEMENT FOR THE OMNITRANS SBX
PROJECT (FPN 2009-002 The Omnitrans sbX Project involves street widening for
Hospitality Lane, "E" Street, and Kendall Drive. The street widening requires that
relocation of numerous Department facilities including fire and domestic water services,
geothermal services, fire hydrants, two water pipelines, and other appurtenances. The
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08/20/2013
d additional Right of Way obtained by the sbX Project is insufficient, in some instances, to
accommodate the relocation of large domestic and fire service vaults owned by the
Department; therefore, easements will be needed. The existing fire service that serves the
property known as APN 0141-402-40 will require an easement for the proposed vault
relocation. Omnitrans has provided the Department with easement documents for
execution.
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Upon motion by Commissioner Hendrix, duly seconded by Commissioner Cocke, it was o
unanimously voted to accept the Grant of Easement from N and D Restaurants, Inc.,a
Florida corporation within the property known as APN 0141-402-40 and as described in the
easement documents;the Secretary was authorized to submit the easement documents to the
City Clerk for signature and recordation.
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8. PROFESSIONAL SERVICES AGREEMENT WITI 1 URBAN FUTURES,_INC.: This
item was removed from the Agenda. m
9. CHANGE ORDER NO 2 TO CONTRACT NO 1560 — PROJECT MANAGEMENT
SERVICES FOR THE RELOCATION OF THE CI"IY OF SAN BERNARDINO o
ANIMAL SHELTER FACILITIES AND RELATED ACTIVITIES: In 2012, the
Department contracted with independent consultant, Charles J. Diamond, for project ~
management assistance with the City of San Bernardino's Animal Shelter relocation efforts °
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off of the Water Reclamation Facility at 1397 Chandler Place. Change Order No. 1 was co
previously processed to increase the length of the contract to the end of Fiscal Year 2013-14. L
Change Order No. 2 in the amount of$14,850.00 has been prepared for additional work to a
be performed by Charles Diamond under Contract No. 1560. The funding source for this co
Change Order is the capital project titled Animal Shelter Relocation (Design) (C.O. 10659),
which currently has a total of$100,000.00 in unencumbered funds.
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Upon motion by Commissioner Hendrix, duly seconded by Commissioner Cocke, it was N
unanimously voted to approve Change Order No. 2 to Contract No. 1560 with Charles J. M
Diamond, in the amount of$14,850.00; the General Manager was authorized to execute the c
change order. �
10. CHANGE ORDER REPORT—JUNE AND JULY 2013: In accordance with Policy 3
51.020—Modifications to Professional Services and Competitively Bid Contracts, staff has
prepared the Change Order Report for JUNE AND JULY 2013. (INFORMATION p
ITEM ONLY)
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11. CLAIMS SETTLEMENTS—QUARTERLY REPORT: In accordance with Policy 20.090
—Claims Handling, the Environmental and Regulatory Compliance Division has prepared
the Quarterly Claims Settlements Report detailing all claims processed for the period of E
APRIL, through JUNE 2013. (INFORMATION ITEM ONLY) r
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12. QUARTERLY BUDGET REPORT — PERIOD ENDING JUNE 30, 2013: Staff will
present, on a quarterly basis, a budget report that reports the Department's performance
against the budget to the Board of Water Commissioners. (INFORMATION ITEM
ONLY)
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13. PRESENTATION OF RESOLUTION NO 835: Resolution No. 835 was presented to
David Arciniega recognizing him for more than thirty--six years of dedicated service to the
City of San Bernardino Municipal Water Department.
14. REPORT'S:
A. Report of the President: None
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B. Report of the Commissioners: None
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C. Report of the Directors: None
D. Report of the General Manager: a,
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1. General Manager Aldstadt reported that she traveled to Sacramento to meet with M
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Senator Norma Torres to discuss Bill S$-7. 3
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15. PUBLIC COMMENTS: This is the time specified for public comments concerning specific o
items not on the agenda or matters of general interest. There being none, the matter was
closed. ~
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16. ADJOURN MEETING: The meeting adjourned at 10:26 a.m. to the next Regular Meeting
to be held on Tuesday, September 3, 2013,at 9:30 a.m. in the Water Department Board L
Room. d
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BY: M
TOE I CALLICOTT c
President
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BY: ' 7 _ g
ROBIN? L. OHANIA o
Deputy t3
De u City Clerk &
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Ex-Officio Secretary
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