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ED Purchase of 1309 Fifth AvenueI" rr-\f ;~ -~ "r «) ~ l ;-;~y '---__ OJ' ~ :.~ ~.ljM\~'J~ . AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (INCLUDING ESCROW INSTRUCTIONS) This PURCHASE AND SALE AND SETTLEMENT AGREEMENT (this "Agreement") is made and entered into as of.N,,,,oJt.o'1k,-\ -0 ,2014 (the "Effective Date"), by and between EDEN V ANING-ROSEN, an individual ("Seller"), and the CITY OF SAN RAFAEL, a California municipal corporation ("City"). Seller and City may each be referred to as a "Party" or collectively as the "Parties." RECITALS A. Seller is the owner of the land and improvements located at 1309 Fifth Avenue in the City of San Rafael, California, and known as Assessor's Parcel Number 011-205-17, as more specifically described on Exhibit A (the "Property"). B. City desires to purchase from Seller, and Seller desires to convey to City, the Property for use or construction of a public facility and/or ancillary parking. C. In lieu of proceeding with eminent domain proceedings for the acquisition of the Property, the Parties desire to enter into this Agreement. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. Sale and Purchase of the Property. Seller agrees to sell and convey the Property to City, and City agrees to purchase the Property from Seller, on the terms and conditions set forth herein. 2. Purchase Price. The total purchase price for the Property shall be $770,000.00 ("Purchase Price"). The Parties acknowledge and agree the Purchase Price specifically includes full compensation for any interest in Seller's business operations, loss of business goodwill, severance damage, attorneys' fees or any other compensation of any nature whatsoever. 2.1 Waiver of Property Rights and Interests. Upon receipt by Seller of the Purchase Price, Seller for itself and for its agents, successors and assigns fully releases, acquits and discharges City and its officers, officials, council members, employees, attorneys, accountants, other professionals, insurers, and agents, and all entities, boards, commissions, and bodies related to any of them (collectively, the "Released Parties") from all claims that Seller, its agents, successors and assigns has or may have against the Released Parties arising out of or related to City 's acquisition of the Property and the grant of any right-of-entry, including, without limitation, all of Seller's property rights and interests in the Property, including but not OAK #4821-1748-8669 vl 1 limited to (i) any improvements, including improvements pertaining to the realty, furniture, fixture, and equipment, (ii) business goodwill and lost income (past or future) relating to the Property, (iii) lost income, (iv) relocation benefits, (v) severance damages, if any, (vi) economic or consequential damages, (vii) professional consultant fees and atlomey's fees and costs, and (viii) all other costs, and any and all compensable interests, and/or damages, and/or claims, of any kind and nature, claimed or to be claimed, suffered or to be suffered, by Seller, its agents, successors and assigns by reason of City's acquisition of the Property, provided that nothing herein shall release City from any liability resulting from City's breach of any agreement, warranty, or covenant for which it is responsible under this Agreement. 2.2 Waiver of Civil Code Section 1542. Seller, on behalf of itself and its agents, successors and assigns, expressly waives all rights under Section 1542 of the Civil Code of the State of California ("Section 1542"), or any other federal or state statutory rights or rules, or principles of common law or equity, or those of any jurisdiction, government, or political subdivision thereof, similar to Section 1542 (hereinafter referred to as a "Similar Provision'·). Thus, Seller and its agents, successors and assigns, and any business, enterprise, or venture in which they are involved, may not invoke the benefits of Section 1542 or any Similar Provision in order to prosecute or assert in any manner the matters released in Section 2.1 above. Section 1542 provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Seller's Initials: --- 2.3 Payment of Purchase Price. On or before the Close of Escrow, City shall deposit with Escrow Agent the Purchase Price, in immediately available funds, which shall be paid to Seller at Close of Escrow. 3. Conveyance of Title/Title Policy. Seller agrees to convey by Grant Deed, which is attached hereto as Exhibit B, to City marketable fee simple title to the Property, free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes except such matters which are acceptable to City in its sole discretion, following City'S review of the preliminary title report as provided in this Section 3. Within ten (10) days after the date of this Agreement, a title company chosen by City (the "Title Company") shall deliver to City a standard CLTA preliminary title report (the "Report") with respect to the title to the Property, together with legible copies of the exceptions set forth in the Report. City shall have ten (10) days from its receipt of the Report within which to give written notice to Seller of City's approval or disapproval of any of such exceptions. City'S failure to give written approval or disapproval of the Report within such time limit shall be deemed disapproval of the Report. No deeds of trust, mortgages or other liens, except for the lien of property taxes and assessments not yet due, shall be approved exceptions. If City notifies Seller of its disapproval of any exceptions in the Report, or is deemed to have disapproved the Report, Seller shall have the right, but not the obligation, to remove any disapproved exceptions within thirty (30) days after receiving written OAK #4821-1748-8669 vI 2 notice of City's disapproval or provide assurances satisfactory to City that such exceptiones) will be removed on or before the Closing. If Seller cannot or does not elect to remove any of the disapproved exceptions within that period, City shall have ten (10) days after the expiration of such thirty (30) day period to either give the Seller written notice that City elects to proceed with the purchase of the Property subject to the disapproved exceptions or to give the Seller written notice that the City elects to terminate this Agreement. City's failure to give written notice within such ten (10) day period shall be deemed City's election to terminate this Agreement. The City shall have the right to approve or disapprove any exceptions reported by the Title Company after City has approved the condition of title for the Property. Seller shall not voluntarily create any new exceptions to title following the date of this Agreement. 4. Title Insurance Policy. Escrow Agent shall, following recording of the Grant Deed, provide City with a CLTA (or ALTA, at the request of the City) policy of title insurance in the amount of the Purchase Price, issued by the Title Company, together with any endorsements reasonably requested by the City, showing fee simple title to the Property vested in City, subject only to the exceptions approved by City as set forth in Section 3 and the printed exceptions and stipulations in the policy. City shall pay the title policy premium. 5. Escrow. City and Seller have opened or shall, within five days of the Effective Date of this Agreement, open an escrow ("Escrow") in accordance with this Agreement at __ S*'Mt" :('1:\e. ("Escrow Agent"). This Agreement, together with any supplementary escrow instructions prepared by Escrow Agent and executed by City and Seller, constitutes the joint escrow instructions of City and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this Escrow in the shortest possible time. 5.1 Documents and Funds. Prior to the Close of Escrow Seller shall execute, acknowledge and deliver into Escrow the Grant Deed, as defined herein. The Certificate of Acceptance attached to the Grant Deed shall be executed, acknowledged and delivered into Escrow by City on or before the Close of Escrow. City and Seller agree to deposit with Escrow Agent any additional funds and/or instruments as may be necessary to complete this transaction. 5.2 Insurance. Insurance policies for fire or casualty are not to be transferred, and Seller will cancel its own policies after close of escrow. 5.3 Escrow Account. All funds received in the Escrow shall be deposited with other escrow funds in a general escrow accoun~(s) and may be transferred to any other escrow trust account in any state or national bank doing business in the State of California. All disbursements shall be made by check from such account. 6. Pro Rations; Tax Adjustment Procedure. Escrow Agent is authorized and is instructed to comply with the following pro ration and tax adjustment procedure: 6.1 Delinquent Taxes. Escrow Agent shall pay, and charge Seller for, any unpaid delinquent property taxes and/or penalties and interest thereon, and for any delinquent assessments or bonds against the Property. OAK #4821-1748-8669 vI 3 6.2 Current Taxes. Escrow Agent shall pay, and charge Seller for, any portion of current property taxes and assessments and any penalties and interest thereon allocable to the period prior to the close of Escrow. The portion of current property taxes which would otherwise be allocable to the period after the close of Escrow shall not be allocated, as City is exempt from payment of property taxes. 6.3 Refund of Taxes. Seller shall have the sole right, after close of Escrow, to apply to the Marin County Tax Collector for refund of any excess property taxes which have been paid by Seller with respect to the Property. This refund would apply to the period after City'S acquisition of the Property, pursuant to Revenue and Taxation Code Section 5096.7. 7. Escrow Agent Authorization. Escrow Agent is authorized to, and shall: 7.1 Pay and Charge Seller. Pay and charge Seller to place title in the condition necessary to satisfy Section 3 and for any Escrow fees, recording fees, and other costs and expenses of Escrow payable under Section 7.8, below. 7.2 Pay and Charge City. Pay and charge City for any Escrow fees, recording fees, title insurance premium and any endorsements thereto, and other costs and expenses of Escrow payable under Section 7.8, below. 7.3 Disbursement. Disburse funds, including the Purchase Price to Seller; record the Grant Deed and Certificate of Acceptance in that order; deliver the title policy, the Non-Foreign Transferor Declaration to City; and deliver conformed copies of the Grant Deed and Certificate of Acceptance to City and Seller when conditions of the Escrow have been fulfilled by City and Seller. 7.4 Close of Escrow. The term "Close of Escrow," if and where written in these instructions, shall be deemed to have occurred on the date the Grant Deed and other necessary instruments of conveyance are recorded in the office of the Marin County Recorder. Recordation of instruments delivered through this Escrow is authorized, if necessary or proper in the issuance of the policy of title insurance. 7.5 Time Limits. All time limits within which any matter specified is to be performed may be extended by mutual agreement of the parties. Any amendment of, or supplement to, any instructions must be in writing. 7.6 Time of the Essence. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND, EX5EPT AS OTHERWISE PROVIDED BELOW, ESCROW IS TO CLOSE ON OR BEFORE l\lO\JeMW a,\ i d..Oli.£ ,UNLESS SAID DATE IS EXTENDED BY THE MUTUAL WRITTEN AGREEMENT OF THE PARTIES. If this Escrow is not in condition to close by such date, then any party who has fully complied with this Agreement may, in writing, demand the return of its money or property; provided, however, no demand for return shall be recognized until five days after Escrow Agent shall have mailed copies of demand to all other parties at the respective addresses shown in the notice provisions below, and if any objections are raised within such five-day period, Escrow Agent is authorized to hold all money, papers and documents until instructed by a court of competent jurisdiction or mutual instructions. OAK #4821-1748-8669 vI 4 7.7 Escrow Agent Responsibility. The responsibility of the Escrow Agent under this Agreement is expressly limited to Sections 1 through 8 and Section 10 of this Agreement and to its liability under any policy of title insurance issued in regard to this Escrow. 7.8 Escrow Fees, Charges and Costs. Recording fees and all usual fees, charges, and costs which arise in this Escrow shall be paid in accordance with standard and customary procedures in the County of Marin. 7.9 FIRPT A. Seller and City agree to execute and deliver as directed by Escrow Agent any instrument, affidavit, and statement, including without limitation the Non- Foreign Transferor Declaration which is attached hereto as Exhibit C, if applicable, and to perform any act reasonably necessary to comply with the provisions of FIRPTA and any similar state act and regulation promulgated thereunder. 7.10 Tax Requirements. Escrow Agent shall prepare and file with all appropriate governmental or taxing authorities a uniform settlement statement, closing statement and tax withholding forms, including an IRS 1099-S form, and be responsible for withholding taxes, if any such forms are provided for or required by law. 7.11 Transfer Taxes. No transfer tax shall be due because City is a public entity. 8. Feasibility. 8.1 The "Feasibility Period" shall commence on the date of this Agreement first written above and shall terminate at 5:00 p.m. California Time on the date that is fifteen business days following such date. 8.2 Feasibility Contingency. During the Feasibility Period, City shall conduct all inspections, tests and studies of the Property as City deems necessary or desirable in connection with City'S anticipated use of the Property. IfCity disapproves in its sole and absolute discretion any condition of the Property or the feasibility of City's intended lise of the Property, City shall have the right at any time during the Feasibility Period to terminate this Agreement by written notice to Seller and Escrow Agent for any reason or for no reason whatsoever. If City so terminates this Agreement, Escrow Agent shall promptly return any portion of the Purchase Price deposited to City, Escrow Agent shall promptly deliver all documents deposited with Escrow Agent to the party that deposited such documents, City and Seller shall split all escrow and title cancellation fees and neither party shall have any further rights or obligations hereunder. 8.3 License to Enter Upon Land. Seller hereby grants to City and its agents and employees a license to enter upon the Property during the term of this Agreement for the purpose of conducting feasibility studies and physical examinations of the Property, including soils and environmental tests. City shall not unreasonably interfere with Seller's existing parking spaces and shall ensure that parking remains accessible. City agrees to indemnify, protect, defend and hold Seller and the Property free and harmless from and against any and all damages, claims, losses, liabilities, costs and expenses arising from such activities of City, its agents and OAK #4821-1748-8669 vl 5 employees, and from all mechanic's, materialmen's and other liens resulting from any such conduct. 8.4 Property Documents. To facilitate City's due diligence efforts, Seller shall deliver the Property Documents (as hereinafter defined) to City no later than five business days after the Effective Date. The term "Property Documents" shall mean and refer to all maps, drawings, surveys, plans, tests, studies, reports, records, permits, insurance notices and certificates, and other documents in the possession of Seller, or readily available to Seller, which refer or relate to the Property in any way. Seller shall deliver a letter to City setting forth a detailed list of the Property Documents actually delivered to City. Seller's failure to deliver the Property Documents within said three-day period, shall extend the Feasibility Period for each day until Seller has complied with this requirement. If Close of Escrow fails to occur for any reason other than breach by Seller, City shall return all Property Documents to Seller. 9. City Reimbursement of Removal Costs. There are three occupants on the Property, none of which have current leases (the "Occupants"). Seller previously initiated the process to bring Unlawful Detainer actions to evict the Occupants prior to the City issuing an offer to purchase the Property. City shall exercise reasonable efforts to assist Seller with vacating or removing the Occupants from the Property. City shall reimburse Seller for Seller's reasonable costs associated with such removal ("Removal Costs") subject to City 'S prior written approval. Prior to incurring any Removal Costs, Seller shall provide City with an estimate of such costs and City will determine whether the Removal Costs are reasonable and provide Seller with a notice of City'S determination. If City'S approves the estimate, City shall reimburse Seller the amount of the Removal Costs upon receipt of an invoice documenting the expenditures. 10. Conditions Precedent to Close of Escrow. 10.1 City's Conditions Prior to Closing. The obligation of the City to complete the purchase of the Property is subject to the satisfaction of the following conditions: (i) Seller shall deliver through Escrow the executed, acknowledged and recordable Grant Deed. (ii) Seller shall deliver through Escrow an executed Waiver and Release, in the form of Exhibit D, from each Occupant occupying the Property. (iii) The Property shall be vacant, with any and all Occupants having ceased occupancy or otherwise moved or located off the Property. (iv) Declaration, if applicable. Seller shall deliver through Escrow a Non-Foreign Transferor (v) Seller shall deliver through Escrow such other documents as are necessary to comply with Seller's obligations under this Agreement. (vi) Seller shall not be in default of any of its obligations under the terms 0 f this Agreement, and all of Seller's representations and warranties made as of the date of this Agreement shall continue to be true and correct as of the Close of Escrow. OAK #4821-1748-8669 vI 6 (vii) Escrow Agent shall have committed to deliver to City an owners title insurance policy as required by Section 3 hereof. On failure of any of the conditions set forth above, City may terminate its obligations under this Agreement with no further liability to Seller by giving notice to Seller on or before the expiration of the time allowed for each condition. In the event of such termination by the City, the Escrow Agent shall return any portion of the Purchase Price already deposited, to City. City's failure to elect to terminate its obligations shall constitute a waiver of the condition by City. 10.2 Seller's Conditions Precedent to Closing. The obligation of Seller to complete the sale of the Property is subject to the satisfaction of the following conditions: (i) City shall not be in default of any of its obligations under the terms of this Agreement, and all of City's representations and warranties made as of the date of this Agreement shall continue to be true and correct as of the Close of Escrow. (ii) City shall have deposited with the Escrow Agent the duly executed and acknowledged Certificate of Acceptance and other documents required to close Escrow, the Purchase Price in immediately available funds, and the City's share of closing costs described herein. On failure of any of the conditions set forth above, Seller may terminate its obligations under this Agreement with no further liability to City by giving notice to City on or before the expiration of the time allowed for each condition. Seller's failure to elect to terminate its obligations shall constitute a waiver of the condition by Seller. 11. Closing Statement. Seller instructs Escrow Agent to release a copy of Seller's closing statement to City. 12. Loss or Damage to Property. Loss or damage to the Property, by fire or other casualty, occurring prior to the recordation of the Grant Deed, shall be at the risk of Seller. In the event that loss or damage to the Property, by fire or other casualty, occurs prior to the recordation of the Grant Deed, City may elect to either terminate this Agreement or waive the right to terminate and close Escrow without any offset to the Purchase Price or any rights to insurance proceeds, if any. 13. Warranties, Representations, and Covenants of Seller. Seller hereby warrants, represents, and /or covenants to City that: 13.1 Pending Claims. To the best of Seller's knowledge, there are no actions , suits, claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign, except for eviction proceedings to remove the Occupants. 13.2 Encroachments. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any improvements located on the Property encroach on other properties. OAK #4821-1748-8669 vI 7 13.3 Seller's Title. Until the Close of Escrow, Seller shall not intentionally do anything which would impair Seller's title to any of the Property. 13.4 Condition of Land. To the best of Seller's knowledge, there are no substances, materials or conditions on the Land that qualify as a Hazardous Material (as defined below) or otherwise violate any Environmental Law (as defined below), except as otherwise disclosed in the Property Documents. For the purposes of this Agreement, the following items have the following meanings: (i) "Environmental Law" means any law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environment including, without limitation, CERCLA (Comprehensive Environmental Response, Compensation and Liability Act of 1980) and RCRA (Resources Conservation and Recovery Act of 1976). (ii) "Hazardous Material" means any substance, material or waste which is or becomes designated, classified or regulated as being "toxic" or "hazardous" or a "pollutant" or which is or becomes similarly designated, classified or regulated, under any Environmental Law, including asbestos, petroleum and petroleum products. 13.5 Conflict with Other Obligation. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, covenants, conditions and restrictions, or other agreement or instrument to which Seller or the Property may be bound. 13.6 Authority. Seller is the owner of and has the full right, power, and authority to sell, convey, and grant the Property to City as provided herein and to carry out Seller's obligations hereunder. If Seller is a corporation, partnership, limited liability company or other similar entity, each party executing this Agreement on behalf of Seller represents and warrants that such person is duly and validly authorized to do so on behalf of Seller. 13.7 Bankruptcy. Neither Seller nor any related entity is the subject of a bankruptcy proceeding, and permission of a bankruptcy court is not necessary for Seller to be able to transfer the Property as provided herein. 13.8 Governmental Compliance. To the best of Seller's knowledge, Seller has not received any notice from any governmental agency or authority alleging that the Property is currently in violation of any law, ordinance, rule, regulation or requirement applicable to its use and operation. If any such notice or notices are received by Seller following the date this Agreement is signed by City, Seller shall notify City within ten days of receipt of such notice. Seller then, at its option, may either elect to perform the work or take the necessary corrective action prior to the Close of Escrow or refuse to do so, in which case Seller shall notify City of such refusal and City shall be entitled to either close Escrow with knowledge of such notice(s) or terminate this Agreement. 13.9 Waiver and Release. As of the Close of Escrow, every tenant or occupant that has or had any possessory interest in the Property as of the Effective Date, whether by lease, OAK #4821-1748-8669 v1 8 license or other agreement, or has otherwise occupied the Property as of the Effective Date, has provided a Waiver and Release. 13.10 Non-Foreign Transferor. Seller is not a "foreign person" within the meaning of the Foreign Investment in Real Property Act or any similar state statute, and Seller will comply with all of the requirements of the Foreign Investment in Real Property Act and any similar state statute in connection with this transaction. 13.11 Change of Situation. Until the Close of Escrow, Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 13 not to be true as of the Close of Escrow, immediately give written notice of such fact or condition to City. 14. Post-Closing Obligations. City hereby agrees to the following obligations that survive the Close of Escrow: 14.1 Plaque. City shall install a plaque in honor of Walker Bell Vaning, Seller 's father and former San Rafael Fire Department Battalion Chief, if a new building is constructed on the Property. 14.2 Access. City shall provide Seller with access to the Property to remove any belongings from the residence thereon upon reasonable notice by Seller. 15. Survival. Any covenants, agreements, and indemnifications that this Agreement does not require to be fully performed prior to Close of Escrow shall survive Close of Escrow and shall be fully enforceable after Close of Escrow in accordance with their terms. 16. Broker's Commission. Seller and City each warrants and represents that it has not engaged the services of any agent, finder or broker in connection with the transaction which is the subject of this Agreement, and that it is not liable for any real estate commissions, broker's fees or tinder's fees which may accrue by means of the sale of the Property. Seller and City agree to and do hereby indemnify and hold the other harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, which it has employed in connection with the transaction covered by this Agreement. 17. Waiver, Consent and Remedies. Each provision of this Agreement to be performed by City and Seller shall be deemed both a covenant and a condition and shall be a material consideration for Seller's and City's performance hereunder, as appropriate, and any breach thereof by City or Seller shall be deemed a material default hereunder. Either party may specifically and expressly waive in writing any portion of this Agreement or any breach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement. All rights, remedies, undertakings, OAK #4821-1748-8669 v1 9 obligations, options, covenants, conditions and agreements contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other. Except as otherwise specified herein, either party hereto may pursue anyone or more of its rights, options or remedies hereunder or may seek damages or specific performance in the event of the other party's breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in this Agreement. 18. Attorneys' Fees. In the event any declaratory or other legal or equitable action is instituted between Seller, City and/or Escrow Agent in connection with this Agreement, then as between City and Seller, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including court costs and reasonable attorneys' fees, and all fees, costs and expenses incurred on any appeal or in collection of any judgment. 19. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by reputable overnight courier, or sent by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed received upon the earlier of: (i) if personally delivered, the date of delivery to the address of the person to receive such notice; (ii) if mailed, three business days after the date of posting by the United States post office; or (iii) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day. Notice of change of address shall be given by written notice in the manner described in this Section. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows: If to Seller: Eden Vaning-Rosen 2085 Burnice Drive Clearwater, FL 33764-4803 Telephone: :z ~ ,-L:t Y ~ ,,~~ '6 with a copy to: Henry Froneberger 24 Professional Center Parkway, Suite 200 San Rafael, CA 94903 Telephone: 4 \ 5 -l\ q \ ~ 5000 If to City: City of San Rafael 1313 Fifth Avenue San Rafael, CA 94915-1560j Attention: ."""."", ~.M S Telephone: ':\\S· q=;j\3L/ with a copy to: Burke, Williams & Sorensen, LLP 1901 Harrison Street, 9th Floor Oakland, CA 94612-3501 Attention: Benjamin Stock Telephone: (510) 273-8780 OAK #4821-1748-8669 vI 10 20. Default. Failure or delay by either party to perform any covenant, condition or provision of this Agreement. within the time provided herein constitutes a default under this Agreement. The injured party shall give written notice of default to the party in default, specifying the default complained of. The defaulting party shall immediately commence to cure such default and shall diligently complete such cure within ten days from the date of the notice. The injured party shall have the right to terminate this Agreement by written notice to the other party in the event of a default which is not cured within such ten-day period. 21. Interpretation. In this Agreement (unless the context requires otherwise), the masculine, feminine and neuter genders and the singular and the plural shall be deemed to include one another, as appropriate. The words "include" and "including" shall be interpreted as though followed by the words "without limitation." This Agreement shall be interpreted as though jointly prepared by both parties. 22. Entire Agreement. This Agreement and its exhibits constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein. 23. Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof. 24. Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California without reference to its choice of laws rules. 25. Invalidity of Provision. If any provision of this Agreement as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole. 26. Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by City and Seller. 27. Counterparts. This Agreement may be executed in any number of identical counterparts and each counterpart shall be deemed to be an original document. All executed counterparts together shall constitute one and the same document, and any counterpart signature pages may be detached and assembled to form a single original document. This Agreement may be executed by signatures transmitted by facsimile, adobe acrobat or other electronic image files and these signatures shall be valid, binding and admissible as though they were ink originals. 28. Time of Essence. Time is of the essence of each provision of this Agreement. OAK #4821-1748-8669 vI 11 29. Binding Upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof. 30. Offer. Any delivery of unsigned copies of this Agreement is solely for the purpose of review by the party to whom delivered, and neither the delivery nor any prior communications between the parties, whether oral or written, shall in any way be construed as an offer by City or Seller, nor in any way imply that City or Seller is under any obligation to enter the transaction which is the subject of this Agreement. The signing of this Agreement by Seller constitutes an offer which shall not be deemed accepted by City unless and until this Agreement has been executed on behalf of City by its City Manager or his/her designee after adoption of a resolution or minute action by the City Council of the City of San Rafael. Seller agrees that this offer shall be acceptable and cannot be revoked for a period of 30 days following presentation by Seller. 31. Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day (such as the day escrow opens), and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term "holiday" shall mean all holidays as specified in sections 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time. 32. Legal Advice. Each party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. 33. Cooperation. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement. 34. Reservation of City's Right to File Suit. Seller understands and acknowledges that if for any reason this Agreement is terminated, City expressly reserves its rights to bring an OAK #4821-1748-8669 vI 12 action in the Superior Court of the State of California, County of Marin, pursuant to the requirements set forth in the eminent domain statutes of the State of California. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. SELLER: EDEN VANING-ROSEN, an individual By: OAK #4821-1748-8669 vI 13 CITY: CITY OF SAN RAFAEL, a California municipal corporation ATTEST: ri~ ~ .~e*"-< . ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: 'I action in the Superior Court of the State of California, County of Marin, pursuant to the req*ements set forth in the eminent domain statutes of the State of California. I IN WI1NESS WHEREOF, the P~es hereto have executed this Agreement 'as of the date Irtrst written above. SEJER: ED~ V ANING-ROSEN, an individual CITY: CITY OF SAN RAFAEL, a California mtmicipal corporation By: \' -S'k:b/, ~~Ql-~ By: ~ Name: I --~------Its: OAK #4821-1748-8669 vI 13 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Exhibit A OAK #4821-1748-8669 vI Recording Requested by and After Recordation Mail to: City of San Rafael 1313 Fifth Avenue San Rafael, CA 94915-1560 Attention: EXHIBITB GRANT DEED This docllm ellf is exempt from th e payment of a recording fee pllrsllallf to Government Code § 27383 GRANT DEED For good and valuable consideration, receipt of which is hereby acknowledged, Eden Vaning-Rosen, an individual, hereby grants to the City of San Rafael, all of grantor's right, title, and interest in and to the real property located in San Rafael, Marin County, California, described in Attachment No.1 attached hereto, including but not limited to any easements, rights, and privileges appurtenant thereto and any improvements located thereon. EDEN V ANING-ROSEN, an individual By: Exhibit B OAK #4821-1748-8669 vI Certificate of Acceptance This is to certify that the interests in real property conveyed by Grant Deed dated _______ , 2014, f~om Eden Vaning-Rosen**, as grantor, to the City of San Rafael, a municipal corporation, as grantee, are hereby accepted by the City Manager of the City of San Rafael pursuant to authority conferred by Resolution No. of the City Council adopted on , and the City of San Rafael, as grantee, consents to recordation of said Grant Deed. Date: ________ ,2014 By: ___________ _ _______ , City Manager * * Successor Trustee of The Walker S. Vaning Revocable Inter Vivos Trust Agreement dated November 16, 2010 OAK #4821-1748-8669 v1 Certificate of Acceptance Attachment No.1 LEGAL DESCRIPTION OF THE PROPERTY Attachment No. 1 OAK #4821-1748-8669 v1 EXHIBITC FIRPTA AFFIDAVIT Section 1445 of the Internal Revenue Code of 1954, as amended ("Code"), provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U. S. real property interest by SSN Investment, Inc., an Hawaii corporation registered to do business in the State of California , as Transferor, the undersigned hereby certifies the following: 1. The Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder); ? The Transferor's U. S. employer identification number or social security number is 99-0338698. 3. The Transferor's office address or mailing address is 2085 Burnice Drive, Clearwater, FL 33764-4803. The Transferor understands that this Certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury the undersigned declares that he/she has examined this Certification and to the best of his/her knowledge and belief it is true , correct, and complete , and further declares that he /she has authority to sign this document on behalf of the Transferor. Dated: _______ , 2014 EDEN V ANING-ROSEN, an individual By: Exhibit C OAK #4821-1748-8669 vI EXHIBITD WAIVER AND RELEASE ___________ ("Occupant"), for itself and for its agents, successors and assigns , fully releases, acquits and discharges the City of San Rafael and its officers, officials, council members, employees, attorneys, accountants, insurers, and agents, and all entities, boards, commissions, and bodies related to any of them from any and all claims, actions, demands, liabilities or costs ("Claims") arising out of or related to the City of San Rafael's acquisition of 1309 Fifth Avenue, San Rafael, California (the "Property"),for a public facility /parking project (the "Project"), including, without limitation, Claims for compensation, business goodwill and lost income (past or future), relocation benefits, severance damages, economic or consequential damages, and other Claims of any kind and nature, claimed by Occupant, its agents, successors and assigns, by reason of the City of San Rafael 's acquisition of the Property. Occupant leased or occupied that portion of the Property known as ________ from Eden Vaning-Rosen . In connection with this Waiver and Release, Occupant expressly waives all rights under California Civil Code Section 1542, which provides that: ·'A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." [----- (INITIALS) _______________ ,a Date: ________ , 2014 By: Name: Its: Exhibit D OAK #4821-1748-8669 vI CONSENT OF ESCROW AGENT Escrow Agent hereby acknowledges receipt of this Agreement, which has been executed by the parties. Escrow Agent hereby agrees (i) to be and serve as Escrow Agent pursuant to this Agreement; and (ii) subject to further supplemental escrow instructions mutually agreeable to the parties and Escrow Agent, to be bound by the Agreement in the performance of its duties as Escrow Agent and to hold and disburse all funds received by Escrow Agent in accordance with the provisions of this Agreement; provided, however, Escrow Agent shall have no obligation, liability, or responsibility under any amendment to the Agreement unless and until the same is accepted by Escrow Agent in writing. Escrow Agent further agrees to immediately deliver to each of Seller and City 's counsel one original counterpart of this Agreement executed by the Parties and Escrow Agent. Escrow Agent has assigned this Agreement file number ------------------------- By: Name: Its: OAK#482I-I748-8669 vI Consent of Escrow Agent FROM: TO: Stewart Title of California, Inc. 2850 Cordelia Road, Suite 100 Fairfield, CA 94534 City of San Rafael 1313 Fifth Avenue San Rafael, CA 94915-1560 File No.: 01180-93138 Ltr Owner Policy Blank Addr BP seE Page 1 of2 ste\Nart title December 04 ,2014 City of San Rafael 1313 Fifth Avenue San Rafael, CA 94915-1560 Order No.: Title Unit No.: Property Address : 01180-93138 7531 1309 Fifth Avenue, San Rafael, CA 94901 Bill Curry Stewart Title of California . Inc. 2850 Cordelia Road. Suite 100 Fairfield. CA 94534 Phone : (415) 482-1241 Fax : Congratulations on the completion of your recent real estate purchase . The enclosed policy of title insurance should be kept with your other important records regarding this transaction. We are grateful for the opportunity to have provided you the very best in title insurance services, and would like to extend an invitation to keep us in mind for any of your future title and escrow needs. Everyone at Stewart Title of California, Inc. is always committed to providing you with the professionalism and expertise that you desire. Should you have any questions regarding your policy of title insurance, please do not hesitate to call. Sincerely, Bill Curry Title Officer File No.: 01180-93138 Ltr Owner Policy Blank Addr BP SCE Page 2 of2 I ' CLTA Standard Coverage Policy -1990 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of 1 . Title to the estate or interest described in Schedule A being vested other than as stated therein ; 2. Any defect in or lien or encumbrance on the title ; 3 . Unmarketability of the title; 4 . Lack of a right of access to and from the land; and in addition, as to an insured lender only; 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage; said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by: Authorized Count91S1gnatur9 Stewart Title of California, Inc . 7676 Hazard Center Drive Suite 1400 San Diego, CA 92108 Agent ID: 050203 File No.: 01180-93138 Page 1 of Policy Serial No. stewart title guaranty company 0-2228-000469355 Matt Morris President and CEO ~ Secretary CLTA Standard Coverage Policy -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs, attomeys' fees are expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental regulations (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership 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) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 . Defects, liens, encumbrances, adverse claims or other matters : (a) whether or not recorded in the public records at Date of Policy, but 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5 . Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which 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. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in this policy mean : (a) "insured": the insured named in Schedule A. and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to. heirs, distributees. devisees, survivors, personal representatives. next of kin. or corporate or fiduciary successors. The term "insured" also includes: (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however. all rights and defenses as to any successor that the Company would have had against any predecessor insured, unless the successor acquired the indebtedness as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (ii) any govemmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. or any part thereof, whether named as an insured herein or not; (iii) the parties designated in Section 2(a) of these Conditions and Stipulations. (b) "insured claimant": an insured claiming loss or damage. (c) "insured lender": the owner of an insured mortgage . (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land . (f) "land": the land described or referred to in Schedule [AJ [C], and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule [AJ [C], nor any right, title, interest, estate or easement in abutting streets, roads. avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge . (i) "unmariketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage. which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. File No .: 01180-93138 Serial No.: 0-2228-000469355 Page 2 CLTA Standard Coverage Policy -1990 2. Continuation of Insurance (a) After Acquisition of ntle by Insured Lender. If this policy insures the owner of the indebtedness secured by the insured mortgage, the coverage of this policy shall continue in force as of Date of Policy in favor of (i) such insured lender who acquires all or any part of the estate or interest in the land by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner wh ich discharges the lien of the insured mortgage; (ii) a transferee of the estate or interest so acquired from an insured corporation, provided the transferee is the parent or wholly-owned subsidiary of the insured corporation, and their corporate successors by operation of law and not by purchase , subject to any rights or defenses the Company may have against any oredecessor insureds; and (iii) any governmental agency or governmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. (b) After Conveyance of ntle by an Insured. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land , or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from an insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to an insured . (c) Amount of Insurance . The amount of insurance after the acquisition or after the conveyance by an insured lender shall in neither event exceed the least of: (i) The amount of insurance stated in Schedule A ; (ii) The amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure , amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements , but reduced by the amount of all payments made ; or (iii) The amount paid by an governmental agency or govemmental instrumentality, if the agency or the instrumentality is the insured claimant, in the acquisition of the estate or interest in satisfaction of its insurance contract or guaranty. 3. Notice of Claim to be Given by Insured Claimant. An insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in 4(a) belOW, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to that insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice . 4. Defense and Prosecution of Actions; Duty of Insured Claimant to Cooperate. (a) Upon written request by an insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of such insured in litigation in which any third party asserts a claim adverse to the title or interest as insured , but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of such insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The company will not pay any fees, costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the IiIle to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to an insured . The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph , it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy. the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, an insured shall secure to the Company the right to so prosecute or prov ide defense in the action or proceeding , and all appeals therein, and permit the Company to use , at its option, the name of such insured for this purpose . Whenever requested by the Company, an insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (i i) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend , prosecute , or continue any litigation, with regard to the matter or matters requiring such cooperation . 5. Proof of Loss or Damage. In add ition to and after the notices required under Section 3 of these Conditions and Stiputations have been provided the Company, a proof of loss or damage signed and sworn to by each insured cla imant shall be fumished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in , or lien or encumbrance on the title, or other matter insured against by this policy wh ich constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate , including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, an insured cla imant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying , at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing , for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of an insured claimant to submit for examination under oath, produce other reasonably requested information or grant permiss ion to secure reasonably necessary information from third parties as required in this paragraph, unless prohibited by law or govemmental regulation, shall terminate any liability of the Company under this policy as to that insured for that claim. File No.: 01180-93138 Serial No.: 0-2228-000469355 Page 3 CLTA Standard Coverage Policy -1990 6. Options to Payor Otherwise Settle Claims; Tennination of Liability. In case of a claim under this policy, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance or to Purchase the Indebtedness. (i) to payor tender payment of the amount of insurance under this policy together w ith any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or (ii) in case loss or damage is claimed under th is policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebtedness secured by the insured mortgage for the amount owning thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebtedness and the insured mortgage, together with any collateral security, to the Company upon payment therefor. Upon the exercise by the Company of the option provided for in paragraph a(i), all liability and obligations to the insured under this policy, other than to make the payment required in that paragraph, shall terminate , including any liability or obligation to defend , prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation . Upon the exercise by the Company of the option provided for in paragraph a(ii) the Company's obligation to an insured Lender under this policy for the claimed loss or damage, other than the payment required to be made, shall terminate , including any liability or obligation to defend , prosecute or continue any litigation . (b) To Payor Otherwise Settle with Parties Other than the Insured or With the Insured Claimant. (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together w ith any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payrnent and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or b(ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation . 7. Determination and Extent of Liability. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2 (c) of these Conditions and Stipulations ; (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of theses Conditions and Stipulations, at the time the loss or damage insured against by this policy occurs , together with interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the insured lender has acquired the estate or interest in the manner described in Section 2(a) of these Conditions and Stipulations or has conveyed the title , then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. (c) The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or. (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (d) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. S. Limitation of Liability (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a righ t of access to or from the land, or cures the claim of un marketability of title, or o'therwise establishes the lien of the insured mortgage, all as insured , in a reasonably diligent manner by any method , including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or w ith the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction , and disposition of all appeals therefrom, adverse to the tille . or, if applicable, to the lien of the insured mortgage, as insured . (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. (d) The Company shall not be liable to an insured lender for: (i) any indebtedness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or (ii) construction loan advances made subsequent to Date of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of finanCing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. Reduction of Insurance; Reduction or Termination of Liability. (a) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of insurance pro tanto . However, as to an insured lender, any payments made prior to the acquisition of title to the estate or interest as provided in Section 2(a) of these Conditions and Stipulations shall not reduce pro tanto the amount of insurance afforded under this po li cy as to any such insured, except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage , or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tanto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured thereby, with interest thereon , provided in no event shall the amount of insurance be greater than the Amount of Insurance stated in Schedule A . (c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured lender except as prov ided in Section 2(a) of these Conditions and Stipulations. File No.; 01180-93138 Serial No.: 0-2228-000469355 Page 4 ClTA Standard Coverage Policy -1990 10. Liability Noncumulative. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. The provisions of this Section shall nat apply to an insured lender, unless such insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage. 11. Payment of Loss. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been last or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of lass or damage has been definitely fixed in accordance with these Conditions and Stipulations, the lass or damage shall be payable within 30 days thereafter. 12. Subrogation Upon Payment or Settlement. (a) The Company's Right of Subrogation Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies . If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated (i) as to an insured owner, to all rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss; and (ii) as to an insured lender, to all rights and remedies of the insured claimant after the insured claimant shall have recovered its principal, interest, and costs of collection. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any lasses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected , may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation . (c) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. The Company's right of subrogation shall nat be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section 1 (a)(ii) of these Conditions and Stipulations) who acquires the Insured mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond and the obligor will not be an insured under this policy, notwithslandi ng Section 1 (a)(i) of these Conditions and Stipulations . 13. Arbitration. Unless prohibited by applicable law, either the Company or Ihe insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or ather obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitraled only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attomeys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Tille Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. Liability Limited to This Policy; Policy Entire Contract. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or nat based on negligence, and which arises out of the status of the lien of the insured mortgage or of the tille to the estate or interest covered hereby or by any action asserting such claim , sha ll be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. Severability. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16. Notices, Where Sent. All notices requ ired to be given the Company and any statement in writing required to be fumished the Company sha ll include the number of this policy and shall be addressed to the Company at P.O. Box 2029, Houston , Texas 77252-2029, and identify this policy by its printed policy serial number which appears an the bottom of the front of the first page of this policy. STEWART TITLE GUARANTY COMPANY File No.: 01180-93138 Serial No.: 0-2228-000469355 Page 5 CLTA Standard Coverage Policy -1990 SCHEDULE A File No.: 01180-93138 Policy No.: 0-2228-000469355 Amount of Insurance: $770,000.00 Premium: $1 ,767.00 Date of Policy: December 02,2014 at 1 :21 p .m. 1. Name of Insured: City of San Rafael, a municipal corporation 2. The estate or interest in the land which is covered by this policy is: Fee 3. Title to the estate or interest in the land is vested in: City of San Rafael, a municipal corporation 4. The land referred to in this policy is described as follows: The land referred to herein is situated in the State of California, County of Marin, City of San Rafael and described as follows: PARCEL ONE: Beginn ing at a point on the Southerly line of Fifth Avenue , in the City of San Rafael, distant thereon Westerly 100 feet from its intersection with the Westerly line of "C" Street,. and running thence along the said Avenue line Westerly 51 feet, thence at right angles Southerly 140 feet, thence at right angle Easterly 48 feet, thence at right angles, Northerly 62 .5 feet, thence at right angle Easterly 3 feet, thence at right angle Northerly 77.5 feet to the point of beginning. PARCEL TWO : Map of the Townsite of San Rafael Tract of Land beginning at point Westerly 1 00 feet along Southerly line 5th Avenue and at right angles Southerly 77 .5 feet from intersection of Westerly line "c" Street with Southerly line of 5th Avenue, running thence Westerly parallel with Southerly. line 5th Avenue 3 feet, Southerly at right angles 62.5 feet , Southeasterly parallel with Southerly line 5th Avenue, 3 feet thence Northerly to beginning . Being portion Block 13. APN: 011-205-17 (End of Legal Description) File No.: 01180-93138 STG CLTAStandard Coverage Policy -1990 Page 1 of 1 STEWART TITLE GUARANTY COMPANY ClTA Standard Coverage Policy -1990 SCHEDULE B PART I EXCEPTIONS FROM COVERAGE File No.: 01180·93138 Policy No.: 0·2228·000469355 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 by the records of the taxing authority that levies taxes or assessments on real property or by the public records . Proceeding by a public agency which 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 which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records . 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or other facts which a correct survey would disclose , and which are 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 . File No.: 01180-93138 STG ClTA Standard Coverage Policy -1990 Page 1 of 1 STEWART TITLE GUARANTY COMPANY CL TA Standard Coverage Policy -1990 SCHEDULE B PART II File No.: 01180·93138 Policy No.: 0·2228·000469355 Taxes: A. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2014 -2015 : 1st Installment $4,080 .87 Paid 2nd Installment $4,080.87 Open Land $401,816 .00 Improvements $140,635.00 Exemption $None Code Area 008-023 Assessor's Parcel No . 011-205-17 B. 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 . C. Assessments, if any, for Community Facility Districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. Exceptions: File No .: 01180-93138 STG CLTA Standard Coverage Policy -1990 SCE Page 1 of 1 (End of Exceptions) STEWART TITLE GUARANTY COMPANY STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business-to process transactions and maintain customer accounts . In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes-to process your transactions and maintain your account. This may include running the Yes No business and managing customer accounts , such as processing transactions, mailing, and auditing services , and respond ing to court orders and legal investigations . For our marketing purposes-to offer our products and services to Yes No you . For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes-information about your transactions and experiences . Affiliates are companies related by common ownership or control. They can be financial and Yes No non-financial companies . Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes-informati on No We don't share about your creditworthiness . For our affiliates to market to you -For your convenience , Yes Yes, send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required . Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591 . For non-affiliates to market to you. Non-affiliates are companies No We don't share not related by common ownership or control. They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate . [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example , when you personal information? • request insurance-related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies . What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01180-93138 Page 1 Revised 11-19-2013 fi!!? Cl.1Il III (l !! ~. 'tj CD "' .... no o b ' D ", e ~' t:I ' "' .. ~' g @ MISSION to 14 10 : ~, 0 11 , e:' Iij 10<' !-' ,~, . ... '~ f: ; ~, ... < • 0 I\) ~ ... c FIFTH ~ .... II Q g , Q.' 'tI . Do ' ~ III , 10< tu ' III ~ 10< ~ ~ n .... .. , . . ~ J C . ~ ~@ , ~ S ~ . I ~ " 6 "® ~ @ @l ~ w~~@ /U.34·a4 ~ '@ .. @ .-® . ,6&& . @ L 3 ~ 2 ~ a g I I ~ I i ..... - .. S4 .• NU FOURTH @ I~ I I ~ Townsite of 50n Rafasl, Raclr i ~ Tax Rate Area 11-20 8-023 I '\' I @ { { I ( I AVE. i , '"' I \ -_.:. .. ~ 1"-;.:1. F----------I 11) ,"'''' c.J 22 I , @ @ I. -I \ \ teD, 15 \ I , I ' •..•. n" I M .... AVE. , .. ' ,sr •• S'.I • PAII7-79 . . · .! . . · . ~ @ e @) . ~ ~ ! -~. @~ ~ Pc' A .. , · r ----. '"'' "j~ p I I .. I I • . , ; r8~: ~ . , .:~ I , I LCI.J ,~ , ~ ~ @) 1- @ ® .@ 13 ~ '4S.'~ ., ; . ~ : .' . ~. . l ~~ /2 .@I" I , .. .I r . , . ,." u' K' ® @) '$oIl' ~ @ ~ 6 @ 2 e p re-, ~@ "@ -u . .. ~ @' @ ~ : . 2 ~ , . . . .. ~ S .,' IS ' ~ . S I . . ,.' Ik I,; '-@ I : I I Pul/4 NOTE -Assessors Block Numbers Shown in ElIips.s. Asssssor's Pan:e{ Numb81'S Shorrtl in Clrt:les. . , .... . '~JT IU' ~@ , I F " .. ~ 3 • I , .. iuJ . .. ST. 1:1 CITY OF SAN RAFAEL Assessor's Map Sk.lt -Pg.2D County of Marin, Calif, , stewart title December 02,2014 City of San Rafael P.O. Box 151560 San Rafael, CA 94915 Attn: Tom Adams RE: Escrow No. Property Address 01180-93'138 1309 Fifth Avenue, San Rafael, CA 94901 Stewart Title of California, Inc. 700 Irwin Street, Suite 203 San Rafael, CA 94901 Phone (415) 454-9323 Fax (415) 454-7301 The above escrow closed on December 02,2014; in connection therewith we enclose the following: Check in the amount of $349.39 Final Closing Statement (PLEASE RETAIN FOR TAX PURPOSES) I Recorded documents to which you are entitled will be mailed to you by the County Recorder's Office. Any other documents to which you may be entitled will be forwarded to you as soon as they are available COUNTY TAXES ON REAL PROPERTY ARE DUE AS FOLLOWS: First installment due November 1 st and delinquent after December 10th -and Second installment due February 1 st and delinquent after April 10th. If you do not receive a Tax Bill one month prior to the due date, please contact your County Tax Collector. Thank you for the opportunity to be of service to you in this transaction. We look forward to working with you again. Escrow No.: 01180-93138 Close Letter Buyer 1 BP SCE Page 1 of 1 r··~~~~""'-~ --"" .. ,~~~""", .. ~-..-.....'-'" ""~~u=u~ ... " '--.~ ----'-....Q _ .. -.. ~ ----r.::::tAL1E~ ------=..:::~.:.,...;;..;o; ..l-. \ . / Stewart Title of California, Inc. Comerica Bank . Escrow Trust Account EI Segundo, CA 90245 700 Irwin Street, Suite 203, San Rafael, CA 94901 (415) 454-9323 Pay Three Hundred Forty Nine Dollars and Thirty Nine Cents 750411817 12/2/2014 File: 01180-93138 $349.39 TO THE ORDER OF City of San Rafae.1 P.O. Box 151560 //.-_/--~ San Rafael, CA 94915-1560 Attn: Tom Adams III 7 5 0 ~ J. J. 8 J. 7 III I: J. 2 J. J. :l 7 5 2 2 I: Stewart Title of California, Inc. File: 01180·93138 Associated File No .: Escrow Officer: Jackie Boccabella Marketing Representat ive : Buyer: City of San Rafael Seller: Eden Vaning Rosen, Successor Trustee of The Walker S . Vaning Revocable Inter Vivos Trust Agreement Property Address: 1309 Fifth Avenue, San Rafael, CA 94901 Details: Cash to borrower -$349.39 -,9" 750411817 12/2/2014 $349.39 c ·File U1180-93138 12/2/20143:03 PM . Final Buyer's Closing Statement .---.-'------------------·----------Stewarr'ritfe-of caJffori1ia;lnc~tew art T it le-of Calif ornia ,Trlc:---------------------- 700 Irwin Street, Suite 203, San Rafael, CA 94901, (415) 454-9323 Buyer(s )------CityofSanRafaer-------.---------------- Seller(sj Eden Vaning Rosen, Successor Trustee of The Walker S. Vaning Revocable Inter Vivos Trust Agreement , 2085 Burnice Drive, Clearwater, CA 33764 Lender(s) Property 1309 Fifth Avenue San Rafael, California 94901 011-205-17 Closing Date 12/212014 Disbursement Date 12/2/2014 Proration Date 12/212014 Sales/Price Contract sales pr ice Additio-nal -Credits Deposit to escrow from City of San Rafael Prorations -------County taxes 12/212014 to 1/1/2015 :Title -Ctiarges ---------- Settlement or closing fee to Stewart Title of California , Inc Owner's title insurance to Stewart Title of California, Inc Owner's title policy limit $770,000.00 Additional Cha-rges . Eviction Services to DeMartini & Walker Services rendered to Chuck Edwards Debit Credit $770,000 .00 _______ _ $657.47 $933 .00 $1,767 .00 $4,884.81 $510 .24 -.-.-------- ------------ Subtotal: $778,752.52 -$779,101.91 Balance due to Buyer: ___ ....-::=='$~3-=4":"'9.-=3":"'9 ----==-:-=":"'-=:"7" Totals: $779,101 .91 $779,101.91 Page 1 !~~f f:-n :::~~nin~.9 ~':~~;':';€;11~ as. ~rnl:~tt.;:~ c·f the ~.r!a~kef s. \f,~~~~'~r{g ~·~(:\!t.'~~.G~d.:.t;.: ljnle~'V~IJ'~:'s --r~ us¥ ... rt: L.~'::~~::' ~10·S(:. s-3e£n~j;:Hh"1'!~ r~!~ch(~e! t .. ~oi~oskL et ai C'(;LT~: i\fii\J\ii'4 (":{)UNTY SLJ?2F~f (!r.; ~'~T)!J~~~ .;. Clt}~.~~t t.f.: C:l\i '1 f..:O~)i3i~() ~~ife ~~: 140111 ~~(lT Cy \ii:"~ r~J,' (1r p, \tij~iT (:'17 EXEC:ijTt::);'.~ ;-l)F\ !:C)::·.SE;::~·S;O;'·J c)r.:-~?Gri.L PF~C)P[ :~'i '(, r~iE i·:;~i'Ei'/!i::~r:s I)r=,s,( f~!~F:1 J /\, .. ;; Ft-}LL(;\fir,';' iJ,C;S PEf:[\: REST('REL~ T() T'·iE ,J;.lt)(3t\!tEr,I'r C~~:.~~:~)i-C~)~~ [!\!Tf-~\"" LIP~"d'~ THf~~; r~f':/.L rJf«J!':"ERT( 8\( THE JU[~G'fvi2~··rr [;Ei~,-(Of~ FEF~SONS F'!Er\aC)'~l l:C' t:. ~I TH!~) c;PFfC:r:. (;;:::: ':~)0Y 1:·t:!·~!:)!)f'.! r~~(}" Ji.\JT~·~~{)RiZEfJ G'); T!~E. .JUDGlvlEr'4T l~R:::[)iTC}f~ iVL!\\( SlH3JECT ;-7-;;:;:/1 -reJ A.PRE.S'" F'LJF~St;;;,;.r;~ Tel ~':::~._(: TtC:<\!~) ~{-~~~ ,t\~\!L) 60~2l PF':Nt\L C~{J[jE /\LL PE.:~~:;:~:(_~f)f~L F:-~':()FEi~"f"Y ' L~F '~ C)i-J T:-{E. pr~Et'i'i:SES I!f.l~S 8EC::!'-J TVRr··JE[~ O\jEr~ Tt) 1l·-tl: Pi?C:s[-,~f~~ T 't C)~-J\;'jl.JEi.~. T!-·tC f:'F·;oeER1 .... !' (i\Ni\lEf.! 1:3 RESPCJPJSiSL.I= F(lR T~1E ~}AFr:. KE:EFilt··~G CJf' T~·~'i··.~l\; ;·r:.:;. ?r:~.\!J[E T-.' !=-(JF; F'F"rF:Et\~ ClS) {)(:I.YS. :"::t:. P!~·()PER-r·{ c;\/vr'lER :"f:,~\"'( Cl-i!q~GE ;\ F~r.:}\S(}N!\~n.r.: ~T·:~?f\(:jC: r::~·~.E f,:,~l": ;'01;/;.71'-1 ·r.~\n\·!IP(-~ H~. ~:;f;.::ri!:rEi;·~~: ;-~r)\:H ~\/E!~ ~JPtn'·~ ~ ~:-:.l\!!:\tH) i.J~ ·n··H~ 'rEf;j/;~lJTT "rH.F: P~~(i'--~::F:TY ·)'·I'-H·h':.I: .. , I I _' ...... ' .. U~ Io-'I 't \. ..1: .";'-':" ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, slale bar number, and address): Vincent J. DeMartini rVincent J. DeMartini, SB #70621 DeMartini & Walker LLP 175 N. Redwood Dr., Ste. 250 Sari Rafael, CA 94903 TELEPHONE NO.: (415 ) 4 7 2 - 7 8 8 a FAX NO. (OplionaQ . (4 15 ) 4 7 2 - 7 950 E·MAILADORESS (Optional): vincedw@sbcglobal. net ATTORNEY FOR (Name): EDEN VANING ROSEN SUPERIOR COURT OF CALIFORNIA, COUNTY OF Marin STREET ADDRESS: 3501 Civic Center Dr., Rm. 116 MAILING ADDRESS' CITY AND ZIP CODE : San Rafael, CA 94903 BRANCH NMI E: PLAINTIFF: EDEN VANING ROSEN, AS TRUSTEE OF THE WALKER S. VANING REVOCABLE INTERVIVOS TRUST DEFENDANT: LISA ROSE BERNBAUM, MICHAEL JOKOSKI, ROB JUDGMENT-UNLAWFUL DETAINER 00 By Clerk 00 By Default 0 After Court Trial o By Court [][] Possession Only 0 Defendant Did Not Appear at Trial JUDGMENT 1. ex] BY DEFAULT a. Defendant was properly served with a copy of the summons and complaint. FOR COURT USE ONLY IOCT 2 0 2014. CASE NUMBER: CIV1403660 b. Defendant failed to answer the complaint or appear and defend the action within the time allowed by law. c . Defendant's default was entered by the clerk upon plaintiff's application. UD-110 d . [XJ Clerk's Judgment (Code Civ. Proc., § 1169). For possession only of the premises described on page 2 (item 4). e . D Court Judgment (Code Civ. Proc., § 585(b)). The court considered (1) 0 plaintiff's testimony and other evidence. (2) 0 plaintiff's or others' written declaration and evidence (Code Civ. Proc., § 585(d)). 2 . C] AFTER COURT TRIAL. The jury was waived. The court considered the evidence. a . The case was tried on (date and time): before (name of judicial officer): b . Appearances by: o Plaintiff (name each): o Continued on Attachment 2b (form MC-025). o Defendant (name each): o Continued on Attachment 2b (form MC-025). o Plaintiffs attorney (name each): (1 ) (2) D Defendant's attorney (name each): (1 ) (2) c. 0 Defendant did not appear at trial. Defendant was properly served with notice of trial. d. 0 A statement of decision (Code Civ. Proc., § 632) 0 was not 0 was requested . Pago' of 2 Form Approved for Oplional Usa JUdicial Council 01 Califomia UO·ll0 INew January 1. 2003) JUDGMENT-UNLAWFUL DETAINER Sofu1lf~s' Code of Civil Procedure, §§ 415.46. 585(dl . 664 .6. 1169 t:e..Plus PLAINTIFF: EDEN VANING ROSEN, AS TRUSTEE OF THE WALKER S. VANING REVOCABLE INTERVIVOS TRUST DEFENDANT : LISA ROSE BERNBAUM, MICHAEL JOKOSKI, ROB JUDGMENT IS ENTERED AS FOLLOWS BY: D THE COURT 3. Parties. Judgment is CASE NUMBER: CIV1403660 rn THE CLERK a. IJD for plaintiff (name each): EDEN VANING ROSEN, AS TRUSTEE OF THE WALKER S. VANING REVOCABLE IN'l'.8RVIVOS TRUST and against defendant (name each): LISA ROSE BERNBAUM, MICHAEL JOKOSKI, ROB WHITE D Continued on Attachment 3a (form MC-025). b. 0 for defendant (name each): 4. IJO Plaintiff D Defendant is entilled to possession of the premises located at (street address, apartment, city, and county): 1309 FIF'l'H AVENUE, SAN RAFAEL 94901, MARIN COUNTY 5. [X] Judgment applies to all occupants of the premises including tenants, subtenants if any, and named claimants if any (Code Civ. Proc ., §§ 715.010,1169, and 1174.3). G. Arjl0unt and terms of judgment a··O Defendant named in item 3a above must pay plaintiff on the complaint: (1 ) 0 Past-due rent $ (2) D Holdover damages $ (3) D Attorney fees $ (4) D Costs $ (5) D Other (specify): $ (6) TOTAL JUDGMENT $ c. 0 The renta l agreement is canceled . D The lease is forfeited . b. 0 Plaintiff is to receive nothing from defendant named in item 3b. o Defendant named in item 3b is to recover costs: $ D and attorney fees : $ 7. C'] Conditional judgment. Plaintiff has breached the agreement to provide habitable premises to defendant as stated in Judgment-Unlawful Detainer Attachment (form UD-11 OS), which is attached. 8 . C] Other (specify): o Continued on Attacllment 8 (form MC-025). Date: D JUDICIAL OFF I CE~r\ j' T '~ r~ i' .V {': l_. ,_I •• _ ...;.. "' __ .~ ... .....L q "!' .. ~t .\!... Date: . 00 Clerk, by R SMITH , Deputy (SEAL) CLERK'S CERTIFICATE (Optional) I certify that this is a true copy of the original judgment on file in the court . Date: Clerk, by _________________ , Deputy UD·110 [New January 1, 2003[ JUDGMENT-UNLAWFUL DETAINER Pago 2 of 2 ~EG@R9BJj AT REQUESr or sff!WART TITLE ~O\·ATO OFFICE Recording Requested by and After Recordation Mail to: 111 11 11 11 1111 11111 11111 11 111 1111 111 111 1'11 11 2014-0050325 Recorded I REC FEE 0.00 Official Records I County of I tlarin I RICHARD N. BENSON I Assessor-Recorder I County Clerk I I a 01:21PN 02-Dec-2014 I Page 1 of 4 This document is exemptfrom the payment of a recording fee pursua7lt 1'0 Government Code § 27383 II A5~~ Qccr~iri\1 fl'rofUy .I<-~ 7 II if 2. 'L GRANT DEED For good and valuable consideration, receipt of which is hereby acknowledged, Eden Vaning-Rosen, Successor Trustee of The Walker S. Vaning Revocable Inter Vivos Trust Agreement dated November 16, 2010, hereby grants to the City of San Rafael, a municipal corporation, all of grantor's right, title, and interest in and to the real property located in San Rafael, Marin County, California, described in Attachment No.1 attached hereto, including but not limited to any easements, rights, and privileges appurtenant thereto and any improvements located thereon. Dated: November 18, 2014 The Walker S. Vaning Revocable Inter Vivos Trust Agreement dated November 16, 2010 Eden Vaning-Ros ,Successor Trustee also known as Stephanie Eden Vaning GENERAL CALIFORNIA ACKNOWLEDGEMENT ~l-b\I..\'\) K State of GaIiforniao County of ~ \Y) ellC\'l } } 55. } On.A::hLml?e C l'h / li Lj boloro mo Asw ~\~h Gio rc'\c1l Notary Public (here Insert name and title of the officer) personally appeare E~ e f1 I ) a)" (' ry p.. () f e i/l ;, a,#..c.:;,., s \-e(>bcW\1-e £Oe.'(\ \)0..\'\\0:6 who proved to me on the basis of satisfactory evidence to be the person(s), whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hls/herlthelr authorized capacity(les), and that by hislherltheir . signature(s) on the Instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) I)ASHLEIGH GORDON NOTARYPUBUC <if STATE OF FLORIDA • • Camrri# FF158926 Expires 911012018 Order No.: 01180-93138 Escrow No.: 01180-93138 ., All-aek ~ell\.+ !J 0, 1. EXHIBIT "An LEGAL DESCRIPTION ., The land referred to herein is situated in the State of California, County of Marin, City of San Rafael and described as follows: PARCEL ONE: Beginning at a point on the Southerly line of Fifth Avenue, In the City of San Rafael, distant thereon Westerly 100 feet from its intersection with the Westerly line of ·C· Street,. and running thence along the said Avenue line Westerly 51 feet, thence at right angles Southerly 140 feet, thence at right angle Easterly 48 feet, thence at right angles. Northerly 62.5 feet, thence at right angle Easterly 3 feet. thence at right angle Northerly 77.5 feet to the point of beginning. PARCEL TWO: Map of the Townsite of San Rafael Tract of Land beginning at point Westerly 100 feet al()ng Southerly line 5th Avenue and at right angles Southerly 77.5 feet from intersection of Westerly line ·C· Street with Southerly line of 5th Avenue. running thence Westerly parallel with Southerly. line 5th Avenue 3 feet. Southerly at right angles 62.5 feet, Southeasterly parallel with Southerly line 5th Avenue, 3 feet thence Northerly to beginning. Being portion Block 13. APN: 011-205-17 (End of Legal Description) Certificate of Acceptance This is to certify that the interests in real property conveyed by Grant Deed dated November 18 ,2014, from Eden Vaning-Rosen**, as grantor, to the City of San Rafael, a municipal corporation, as grantee, are hereby accepted by the City Manager of the City of San Rafael pursuant to authority conferred by Resolution No. _13811_ of the City Council adopted on _September 15, 2014 __ , and the City of San Rafael, as grantee, consents to recordation of said Grant Deed. Date: JO\l~ a5' ,2014 , By: /t-Mc-~~ Nancy Mack e, CIty Manager "''''Successor Trustee of The Walker S. Vaning Revocable Inter Vivos Trust Agreement dated November 16,2010 OAK #4821-1748-8669 vI Certificate of Acceptance § :: ;:: § l:: ~ ............................. ~ OFFICE OF THE ASSESSOR RECORDER-COUNTY CLERK .;~c;:~;:~""';' ... -.... (--;;----Richard N. Benson IMPORTANT NOTICE Assessor -Recorder -COllnty Clerk CITY OF SAN RAFAEL ATTN: ADAMS TOM NOTICE 10 : DATE OF NOTICE: 14-160372 12/18/2014 011-205-17 PARCEL NO.: PO BOX 151560 SITUS ADDRESS: SAN RAFAEL CA 94915-1560 1309 FIFTH AVE SAN RAFAEL CA 94901 The following information concerns new, revised, or escape assessments which affect property identified by the parcel number above. NOTICE OF SUPPLEMENTAL ASSESSMENT REVENUE & TAXATION CODE, SECTION 75.31jASSESSMENT RATIO-100% --------------------------------------------------------------------------- EVENT DATE: 12/02/2014 TYPE:ACQUISITION OF A PROPERTY BY A PUBLIC AGENCY ROLL-YEAR AFFECTED 2014/15 NEW VALUE PRIOR VALUE NET CHANGE Land $ 0 $ 401,816 $ 401,816- Improvements $ 0 $ 140,635 $ 140,635- Total Real Property $ 0 $ 542,451 $ 542,451- Exemption $ 0 $ 0 $ 0 Taxable Value $ 0 $ 542,451 $ 542,451- The above Supplemental Assessment(s) will provide a basis for a Supplemental Tax Bill(s) and the Changed Assessments(s) below NOTICE OF CHANGED ASSESSMENT REVENUE & TAXATION CODE, SECTION 4831 et seq.jASSESSMENT RATIO-100% ROLL-YEAR AFFECTED 2014/15 NEW VALUE 542,451 PRIOR VALUE NET CHANGE $ $ 542,451 $ 0 NOTE: Revisions and changes to assessments involve complicated processes which may take several months to complete. Other county departments contribute to the process which eventually results in a refund or an additional billing. PLEASE REFER ANY QUESTIONS REGARDING: Change in value- Assessor's Valuation Division Assigned Staff Member or Appraiser -473-7215, Tax calculations or refunds- Dept. of F i nance -473-6168, Tax billings -Tax Collector's Office -473-6133 - --THIS IS NOT A TAX BILL - - - 1250-576 (REV.120211) SEE REVERSE FOR ADDITIONAL ASSESSMENT INFORMATION Page P.O. BOX C · SAN RAFAEL, CA 94913 • (415) 473-7215 • FAX (415 ) 473-6542 1 of 1 EXCLUSIONS FROM REASSESSMENT You may qualify for exclusion from reassessment on all or part of the assessment activity which led to this notice. Such exclusion may occur if the assessment activity involves any of the following or other exclusions: (1) Replacement of a principal residence by a property of equal or lesser value by a person over age 55, or any severely and permanently disabled person within two years of selling the former home. Both properties must be located in Marin County. (2) Transfer of title between parent(s) and child(ren) after November 5, 1986, involving a principal residence or other qualifying property (or grandparent(s) and grandchild(ren) after March 26,1996). (3) New construction which may be excluded from supplemental assessment if the property is not intended to be occupied or used by the owner and the owner has filed an application with the Assessor prior to or within 30 days of the start of construction. If you believe you qualify for any of these, or other exclusions, or to inquire about other exclusions. Contact the Assessor's Office as soon as possible to avoid further tax bill processing. YOUR RIGHT TO AN INFORMAL REVIEW If you believe this assessment is incorrect, you have the right to an informal review with the Assessor or a member of the staff. You may contact the Assessor's Office for an informal review at (415) 473-7215. Please request informal reviews promptly after this notice date. REASSESSMENT DUE TO MISFORTUNE OR CALAMITY One or more proposed assessments may have been determined for the property shown on the front of this notice from damage or destruction as a result of a misfortune or calamity, or from property hav ing completed repair, restoration, or reconstruction. If an appeal is requested, it must be filed with the Clerk of the Appeals Board within six months of the date of mailing of this notice. SUPPLEMENTAL ASSESSMENTS: GENERAL INFORMATION One or more supplemental assessments may have been determ ined f or the property shown on the front of this notice. Supplemental assessments are determined in accordance with the California Constitution , Article XIII A, which generally requires a current market value reassessment of real property that has either undergone a change in ownership or is newly constructed, A supplemental assessment represents the difference between a property 's new taxab le value (for example, current market value) and its prior taxable value. If the change in ownership or completion of new construction occurs betwee n January 1 and May 31, two supplemental assessments are issued: one for the remainder of the fiscal year in which the event occurs and one for the following fiscal year. If the event occurs between June 1 and December 31, there will be only one supplemental assessment for the remainder of that fiscal year. If the supplemental assessment is a negative amount, the Dept of Finance will make a refund of a portion of taxes paid on assessments made on the current assessment roll or the roll being prepared, or both . SUPPLEMENTAL ASSESSMENTS : EXEMPTIONS Owners claiming eligibility for an exemption (Homeowners ', Veterans, Disabled Veterans, Welfare or Religious organizations) shall file a claim on or before the 30th calendar day following the notice date shown on the front of this notice. If no exemption, or a different exemption amount to which you may be entitled, exists on the current roll (see front), your exemption amount may be adjusted on the Supplemental Assessment. Owners eligible for the Disabled Veterans' exemption, may be entitled to a cancellation or refund of taxes paid for property acquired after lien date. A Homeowners', Veterans, Disabled Veterans (except low income), or Religious organization exemption claim filed pursuant to this notice may be considered an early filing for the next regular roll, Any other exemption claim may require an annual filing, If this notice involves a property which may qualify for a Homeowners' Exemption, a claim form is enclosed. Please read the instructions carefully on the Homeowners' claim form before filing. SUPPLEMENTAL ASSESSMENTS; YOUR RIGHT TO APPEAL AND FILING DEADLINES You have the right to a formal appeal of the assessment which involves (1) the filing of a valid application, (2) a hearing before an appeals board, and (3) a decision. An Application for Changed Assessment form is available from, and should be filed with, the Clerk of the Appeals Board. You may contact the Clerk's Office at (415) 473-7345. A formal appeal may be filed within 60 days of the date of mailing printed on the tax bill that will result from the supplemental assessment, or the postmark date for the tax bill, whichever is later. An application is considered timely filed if (1) it is sent by U,S, mail, properly addressed with postage prepaid, postmarked no later than the filing deadline; OR (2) the Appeals Board is satisfied that the mailing occurred by the filing deadline, If the filing deadline falls on a Saturday, Sunday, or a legal holiday, an application that is mailed and postmarked on the next business day shall be considered timely filed. In any case, an application may be filed within 12 months following the month in which this notice is received if you and the Assessor agree that there is an error in assessment resulting from the Assessor's judgment in determining the value of the property AND a written stipulation is filed with the Appeals Board. SUPPLEMENTAL ASSESSMENTS: ADDITIONAL APPEAL RIGHTS Under Article XIII A of the California Constitution, the new base year value establishes a ceiling on the property's taxable value for subsequent assessment years; once the new base year value is determined, for each subsequent assessment year the Assessor will enroll the lower of (1) the property's new base year value, adjusted annually for inflation by no more than two percent, or (2) the property's current market value, taking into account declines in value due to damage, depreciation, obsolescence, changes in market conditions, or other factors, If no timely application is filed for the supplemental assessment, the new base year value may still be appealed. Specifically, an appeal of the new base year value must be filed between July 2 and November 30 for the current assessment year or in any of the three following assessment years. Any reduction made as the result of such an appeal will, however,apply only to the assessment year for which the appeal is filed and assessment years thereafter; neither the supplemental assessment nor the values for assessment years prior to the year for which the appeal was initially filed would be reduced. REGULAR & CHANGED ASSESSMENTS: GENERAL INFORMATION /I REVENUE & TAXATION CODE SEC.S 51.5. 531 ET SEQ., 619. 4831 ET SEq. The new assessed value shown on the front of this notice, plus any other taxable property and less any exemptions (such as Homeowners' Exemption) for which you may qualify, will be the basis of your property tax bill for the fiscal year indicated. [n addition to a change in ownership or new construction, an assessment notice may also result from: a Land Conservation Contract Adjustment, an escape assessment (unassessed or underassessed property), or other change in assessment (such as an Appeals Board action). You have the right to a formal appeal of the assessment which involves (1) the filing of an Application for Changed Assessment, (2) a hearing before an appeals board, and (3) a decision by the Appeals Board. An Application for Changed Assessment form is available from, and should be filed with, the Clerk of the Appeals Board, You may contact the Clerk's Office at (415) 473-7345, A formal appeal may be filed within 60 days of the date of mailing printed on the tax bill or the postmark date on the envelope in which the tax bill was mailed, whichever is later. An application is considered timely if: (1) it is sent by U.S. mail. properly address with postage prepaid, postmarked on or before the filing deadline; OR (2) the Appeals Board is satisfied that the mailing occurred by the filing deadline. If the filing deadline falls on a Saturday, Sunday, or a legal holiday, an application that is mailed and postmarked on the next business day shall be considered timely filed. In any case, an application may be filed within 12 months following the month this notice is received if you and the Assessor agree that there is an error in assessment resulting from the Assessor's judgment in determining the value of the property AND a written stipulation is filed with the Appeals Board. You may appeal a regular assessment during the next regular July 2 through November 30 filing period or the regular filing period for any of the three following years for a base year change. However, any reduction by the Appeals Board of the regular assessment for that year will not result in a retroactive reduction of the supplemental or of any of the preceding regular assessment rolls. Pursuant to Revenue and Taxation Code Sections 4831 et seq. and 4986, if an assessment roll correction increases an assessment you may, upon satisfactory proof, apply for relief as set forth by those Sections by contacting the Assessor or the Appeals Board. Applications for Changed Assessment must be submitted on prescribed forms available from the Clerk of the Marin County Assessment Appeals Board. According to California Revenue and Taxation Code Section 51, each lien date, -the Assessor shall enroll the lesser of either the factored base year value or the current market value. The factored base year value may increase up to a maximum of 2% per year according to the California Consumer Price Index. Pursuant to Revenue and Taxation Code Section 1602, the assessment roll or a copy thereof is available for inspection at the Assessor's office by all interested parties during regular office hours. FOR FURTHER INFORMATION AND ASSISTANCE Marin County Assessor-Recorder -County Clerk, P.O. Box C, San Rafael, CA 94913. Telephone: (415) 473-7215 Fax: (415) 473-6542 e-mail: AssessorMailbox@marincounty.org Web Site: www.marincounty.org/depts/AR/main/index.cfm Office Hours: M-F 9:00AM -4:00PM at 3501 Civic Center Drive, Room 208 Clerk of the Marin County Assessment Appeals Board-cIa Bd. of Supervisors, 3501 Civic Center Dr., Rm. 329, San Rafael, CA 94903 (415) 473-7345 1250-576 (REV. 120211) Notice of Exemption To: Office ofPlmming and Research P.O. Box 3044, Room 212 Sacramento, CA 95812-3044 County Clerk County of _M_A_RI_N _________ _ 3501 Civic Center Drive, Room 290 From: (Public Agency) City of San Rafael P.O, Box 151560 San Rafael, CA 94915-1560 (Address) Form D SEP 1 8 2014 San Rafael, CA 94903 RICHARD N. BENSON ffi COUNT'LCLERK B "?111iMWk DepuIy Project Title: City of San Rafael Purchase of Real Property-1309 5th Ave (APN 011-05-17) Project Location -Specific: 1309 5th Avenue, San Rafael, CA (APN 011-205-17). Property is located between C and D Streets Project Location -City: SAN RAFAEL Project Location -County: MAR IN ------------ Description of Nature, Purpose and Beneficiaries of Project: City of San Rafael is proposing to purchase real property located at 1309 5th Avenue, which is presently developed with a residential structure. The property is contiguous to two City-owned properties and is key to planning for future public facilities. Upon purchase, the City would demolish the residential structure and develop an interim surface parking lot. Ultimate property reuse will be determined when the City completes a Citywide Public Facilities Study. Name of Public Agency Approving Project: -,C...:ITY...:...::..:OF...:S...:A...:N ...:RA...:FA...:E...:L _________________ _ Name of Person or Agency Canying Out Project: TOM ADAMS, ECONOMIC DEVELOPMENT COORDINATOR Exempt Status: (check one) o Ministerial (Sec. 21 080(b)( 1); 15268); o Declared Emergency (Sec. 21080(b)(3); 15269(a)); o Emergency Project (Sec. 21 080(b)(4); 15269(b)(c)); 00 Categorical Exemption. State type and section number: 15303 (new constr5uction of small structures/improvements) D Statutory Exemptions. State code number: ------------------------- Reasons why project is exempt: Minor site improvements. Lead Agency Contact Person: Paul Jensen If filed by applicant: 1. Attach certified document of exemption finding. Area Code/TelephonelExtension: 415_.4_8_5_,_50_6_4 ____ _ 2. Has a Notice of Exemption been filed by the public agency approving the project? IKI Yes DNa Signature:cJ2-tutl. PI (U{/t4-i~ . (j o SIgned by Lead Agency Date: 9-18-14 Title: Comm Dev Director Date received for filing at OPR: _________ _ o Signed by Applicant Revised 2005 28 [P"OSTED Notice of Exemption To: Office of Planning and Research P.O. Box 3044, Room 212 Sacramento, CA 95812-3044 County Clerk Countyof _M~A~RI~N __________________ __ From: (P u blic Agency) City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 (Address) Form D 3501 Civic Center Drive, Room 290 SEP 1 8 2014 San Rafael, CA 94903 SON RI~rARg~~~LERK B~Fi~ , Deputy Project Title: City of San Rafael Purchase of Real Property-1309 5th Ave (APN 01'f1l0b-17)- Project Location -Specific : 1309 5th Avenue, San Rafael, CA (APN 011-205-17). Property is located between C and D Streets Project Location -City: SAN RAFAEL Project Location -County: MAR IN Description of Nature, Purpose and Beneficiaries of Project: City of San Rafael is proposing to purchase real property located at 1309 5th Avenue, which is presently developed with a residential structure. The property is contiguous to two City-owned properties and is key to planning for future public facilities. Upon purchase, the City would demolish the residential structure and develop an interim surface parking lot. Ultimate property reuse will be determined when the City completes a Citywide Public Facilities Study. Name of Public Agency Appro v ing Project: -=C~ITY..:....=.:OF-=S::..:AN~R:..::.A::..:FA..:.:E:.:..L __________________________________ _ Name of Person or Agency Carrying Out Project: TOM ADAMS. ECONOMIC DEVELOPMENT COORDINATOR Exempt Status: (check one) D Ministerial (Sec. 21080(b)(I); 15268); D Declared Emergency (Sec. 21080(b)(3); 15269(a»; D Emergency Project (Sec. 21 080(b)( 4); 15269(b)(c)); 00 Categorical Exemption. State type and section number: 15303 (new constr5uction of small structures/improvements) D Statutory E'{emptions. State code number: --------------------------------------------- Reasons why project is exempt: Minor site improvements. Lead Agency Contact Person: Paul Jensen If filed by .applicant: I. Attach certi tied document of exemption finding . Area Code /Telephone /Extension: 415.485.5064 2. Has a Notice of Exemption been filed by the public agency approving the project? 00 Yes 0 No S;goatm,,(jJ) au L 11 '~A.-Oateo 9-18-14 r;rk, Comm Dev Director o Signed by Lead Agency Date recei ved for fil ing at OPR: ______ ---'--__________ _ o Signed by Applicant Re vised 2005 18 ( Notice of Exemption To: Office of Planning and Research P.O. Box 3044, Room 212 Sacramento, CA 95812-3044 County Clerk County of _M_A_RI_N _________ _ From: (Public Agency) City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 (Address) Form D 3501 Civic Center Drive, Room 290 SEP 1 8 2014 San Rafael, CA 94903 ENSON F\1~rARg~rJv CLERK B~I~ , Deputy Project Title: City of San Rafael Purchase of Real Property-1309 5th Ave (APN of11lDs:17)- Project Location -Specific: 1309 5th Avenue, San Rafael, CA (APN 011-205-17). Property is located between C and D Streets Project Location -City: SAN RAFAEL Project Location County: MAR IN ----------- Description of Nature, Purpose and Beneficiaries of Project: City of San Rafael is proposing to purchase real property located at 1309 5th Avenue, which is presently developed with a residential structure. The property is contiguous to two City-owned properties and is key to planning for future public facilities. Upon purchase, the City would demolish the residential structure and develop an interim surface parking lot. Ultimate property reuse will be determined when the City completes a Citywide Public Facilities Study. Name of Public Agency Approving Project: _C_ITY_OF_S_AN_R_A_FA_E_L _________________ _ Name of Person or Agency Canying Out Project: TOM ADAMS, ECONOMIC DEVELOPMENT COORDINATOR Exempt StanIs: (check one) D Ministerial (Sec. 21080(b)( I); 15268); D Declared Emergency (Sec. 21080(b)(3); 15269(a)); D Emergency Project (Sec. 21 080(b)( 4); I 5269(b )( c)); 00 Categorical Exemption. State type and section number: 15303 (new constr5uction of small structures/improvements) D Statutory Exemptions. State code number: ------------------------- Reasons why project is exempt: Minor site improvements. Lead Agency Contact Person: Paul Jensen If filed b y applicant: Area Code/TelephonelExtension: 415.485.5064 I. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? 00 Yes 0 No S;goaru",(!}Y,CLC 11 '~/'-' D,t" 9-18-14 HI" Comm Dev Director o Signed by Lead Agency Date received for filing at OPR: ___ ---'-_____ __ o Signed by Applicant Revised 2005 28 State of California-Natural Resources Agency DEPARTMENT OF FISH AND WILDLIFE 2013 ENVIRONMENTAL FILING FEE CASH RECEIPT PR k appropriate box): Local Public Agency o School District Other Special District ::HECK APPLICABLE FEES: o Environmental Impact Report (EIR) o Mitigated/Negative Declaration (ND)(MND) o Application Fee Water Diversion (State Water Resources Control Board Only) o Projects Subject to Certified Regulatory Programs (CRP) -&:' County Administrative Fee ~r~t that is exempt from fees -;fD Notice of Exemption o DFW No Effect Determination (Form Attached) o Other ___________________ _ :JAYMENT METHOD: o Cash Check o Other 31GNATURE WHITE -PROJECT APPLICANT YELLOW -DFW/ASB PINK -LEAD AGENCY RECEIPT# 444421 STATE CLEARING HOUSE # (Ifapplicable) State Agency o Private Entity $2,995.25 $ $2,156.25 $ $850.00 $ $1,018.50 $ .5'JJ;rJ t) $50.00 $ $_------- FROM : TO: Stewart Title of California, Inc. 2850 Cordelia Road, Suite 100 Fairfield, CA 94534 City of San Rafael 1313 Fifth Avenue San Rafael, CA94915-1560 File No.: 01180-93138 Ltr Owner Policy Blank Addr BP SeE Page 1 of2 ste\Nart title December 04,2014 City of San Rafael 1313 Fifth Avenue San Rafael, CA 94915-1560 Order No.: Title Unit No.: Property Address: 01180-93138 7531 1309 Fifth Avenue, San Rafael, CA 94901 Bill Curry Stewart litle of California, Inc. 2850 Cordelia Road, Suite 100 Fairfield, CA 94534 Phone: (415) 482-1241 Fax: Congratulations on the completion of your recent real estate purchase. The enclosed policy of title insurance should be kept with your other important records regarding this transaction. We are grateful for the opportunity to have provided you the very best in title insurance services, and would like to extend an invitation to keep us in mind for any of your future title and escrow needs. Everyone at Stewart Title of California, Inc. is always committed to providing you with the professionalism and expertise that you desire. Should you have any questions regarding your policy of title insurance, please do not hesitate to call. Sincerely, Bill Curry Title Officer File No.: 01180-93138 Ltr Owner Policy Blank Addr BP SCE Page 2 of2 CLTA Standard Coverage Policy -1990 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of 1 . Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3 . Unmarketability of the title; 4. Lack of a right of access to and from the land; and in addition, as to an insured lender only; 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage; said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by: Authorized Counl91Slgnature Stewart Title of California, Inc. 7676 Hazard Center Drive Suite 1400 San Diego, CA 92108 Agent 10: 050203 File No.: 01180-93138 Page 1 of Policy Serial No. stewart title guaranty company 0-2228-000469355 Matt Morris President and CEO ~ Secretary CLTA Standard Coverage Policy -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees are expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulations (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership 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) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 . Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 . Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which 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. 6 . Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors . The term "insured" also includes: (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured, unless the successor acquired the indebtedness as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (iI) any govemmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage, or any part thereof, whether named as an insured herein or not; (iii) the parties designated in Section 2(a) of these Conditions and Stipulations . (b) "insured claimant": an insured claiming loss or damage. (c) "insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land . (f) "land": the land described or referred to in Schedule [AJ [C], and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule [AJ [C], nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys , lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge . (i) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage , which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. File No .: 01180-93138 Serial No.: 0-2228-000469355 Page 2 CLTA Standard Coverage Policy -1990 2. Continuation of Insurance (a) After Acquisition of Title by Insured Lender. If this policy insures the owner of the indebtedness secured by the insured mortgage, the coverage of this policy shall continue in force as of Date of Policy in favor of (i) such insured lender who acquires all or any part of the estate or interest in the land by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage; (ii) a transferee of the estate or interest so acquired from an insured corporation, provided the transferee is the parent or wholly-owned subsidiary of the insured corporation, and their corporate successors by operation of law and not by purchase, subject to any rights or defenses the Company may have against any predecessor insureds; and (iii) any govemmental agency or govemmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. (b) After Conveyance of Title by an Insured. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from an insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to an insured . (c) Amount of Insurance. The amount of insurance after the acquisition or after the conveyance by an insured lender shall in neither event exceed the least of: (i) The amount of insurance stated in Schedule A; (ii) The amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of all payments made; or (iii) The amount paid by an govemmental agency or govemmental instrumentality, if the agency or the instrumentality is the insured claimant, in the acquisition of the estate or interest in satisfaction of its insurance contract or guaranty. 3. Notice of Claim to be Given by Insured Claimant. An insured shall notify the Company prompUy in writing (i) in case of any litigation as set forth in 4(a) belOW, (ii) in case knowledge shall come to an insured hereunder of any claim of tille or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if tille to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to that insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. Defense and Prosecution of Actions; Duty of Insured Claimant to Cooperate. (a) Upon written request by an insured and subject to the options contained in Section 6 of these COnditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of such insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of such insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The company will not pay any fees, costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the tille to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to an insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligenlly. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, an insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for this purpose. Whenever requested by the Company, an insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an insured to fumish the required cooperation, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and swom to by each insured claimant shall be fumished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the tille, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation , with regard to the matter or matters requiring such proof of loss or damage . In addition, an insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books , ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of an insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless prohibited by law or govemmental regulation, shall terminate any liability of the Company under this policy as to that insured for that claim. File No.: 01180-93138 Serial No.: 0-2228-000469355 Page 3 CLTA Standard Coverage Policy -1990 6. Options to Payor Otherwise Settle Claims; Termination of Liability. In case of a claim under this policy, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance or to Purchase the Indebtedness. (i) to payor tender payment of the amount of insurance under this policy together with any costs, attomeys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or (ii) in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebtedness secured by the insured mortgage for the amount owning thereon together with any costs, atlomeys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebtedness and the insured mortgage, together with any collateral security, to the Company upon payment therefor. Upon the exercise by the Company of the option provided for in paragraph a(i), all liability and obligations to the insured under this policy, other than to make the payment required in that paragraph, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation . Upon the exercise by the Company of the option provided for in paragraph alii) the Company's obligation to an insured Lender under this policy for the claimed loss or damage, other than the payment required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. (b) To Payor Otherwise Setlle with Parties Other than the Insured or With the Insured Claimant. (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attomeys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or b(ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. Determination and Extent of Liability. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2 (c) of these Conditions and Stipulations; (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of theses Conditions and Stipulations, at the time the loss or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the insured lender has acquired the estate or interest in the manner described in Section 2(a) of these Conditions and Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. (c) The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (d) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. Limitation of Liability (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of un marketability of title, or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage unUi there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, or, if applicable, to the lien of the Insured mortgage, as insured . (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. (d) The Company shall not be liable to an insured lender for: (i) any indebtedness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or (ii) construction loan advances made subsequent to Date of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. Reduction of Insurance; Reduction or Termination of Liability. (a) All payments under this policy, except payments made for costs, attomeys' fees and expenses, shall reduce the amount of insurance pro tanto. However, as to an insured lender, any payments made prior to the acquisition of title to the estate or interest as provided in Section 2(a) of these Conditions and Stipulations shall not reduce pro tanto the amount of insurance afforded under this policy as to any such insured, except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tanto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured thereby, with interest thereon, provided in no event shall the amount of insurance be greater than the Amount of Insurance stated in Schedule A. (c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured lender except as provided in Section 2(a) of these Conditions and Stipulations. File No.: 01180-93138 Serial No.: 0·2228·000469355 Page 4 CLTA Standard Coverage Policy -1990 10. Liability Noncumulative. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. The provisions of this Section shall not apply to an insured lender, unless such insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage . 11. Payment of Loss. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be fumished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 12. Subrogation Upon Payment or Settlement. (a) The Company's Right of Subrogation Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies . If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated (i) as to an insured owner, to all rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss; and (ii) as to an insured lender, to all rights and remedies of the insured claimant after the insured claimant shall have recovered its principal, interest, and costs of collection. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected, may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if an y, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation . (c) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds. notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. The Company's right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section 1 (a)(ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity. guarantee, other policy of insurance. or bond and the obligor will not be an insured under this policy, notwithstanding Section 1 (a)(i) of these Conditions and Stipulations . 13. Arbitration. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitra tion Rules of the American Arbitration Association . Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation . All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or. at the option of the insured. the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attomeys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator( s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. Liability Limited to This Policy; Policy Entire Contract. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby or by any action asserting such claim. shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. Severability. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be fumished the Company shall include the number of this policy and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252-2029, and identify this policy by its printed policy serial number which appears on the bottom of the front of the first page of this policy. STEWART TITLE GUARANTY COMPANY File No.: 01180-93138 Serial No.: 0·2228·000469355 Page 5 CLTA Standard Coverage Policy -1990 SCHEDULE A File No.: 01180-93138 Policy No.: 0-2228-000469355 Amount of Insurance: $770,000 .00 Premium: $1,767 .00 Date of Policy: December 02,2014 at 1 :21 p.m. 1. Name of Insured: City of San Rafael, a municipal corporation 2. The estate or interest in the land which is covered by this policy is: Fee 3. Title to the estate or interest in the land is vested in: City of San Rafael, a municipal corporation 4. The land referred to in this policy is described as follows: The land referred to herein is situated in the State of California. County of Marin. City of San Rafael and described as follows: PARCEL ONE : Beginning at a point on the Southerly line of Fifth Avenue, in the City of San Rafael. distant thereon Westerly 100 feet from its intersection with the Westerly line of "C" Street,. and running thence along the said Avenue line Westerly 51 feet, thence at right angles Southerly 140 feet. thence at right angle Easterly 48 feet. thence at right angles. Northerly 62 .5 feet, thence at right angle Easterly 3 feet, thence at right angle Northerly 77.5 feet to the point of beginning. PARCEL TWO : Map of the Townsite of San Rafael Tract of Land beginning at point Westerly 1 00 feet along Southerly line 5th Avenue and at right angles Southerly 77 .5 feet from intersection of Westerly line "c " Street with Southerly line of 5th Avenue, running thence Westerly parallel with Southerly. line 5th Avenue 3 feet, Southerly at right angles 62.5 feet. Southeasterly parallel with Southerly line 5th Avenue. 3 feet thence Northerly to beginning . Being portion Block 13. APN: 011-205-17 (End of Legal Description) File No.: 01180-93138 STG CLTAStandard Coverage Policy -1990 Page 1 of 1 STEWART TITLE GUARANTY COMPANY CLTA Standard Coverage Policy -1990 SCHEDULE B PART I EXCEPTIONS FROM COVERAGE File No.: 01180·93138 Policy No.: 0·2228·000469355 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 by the records of the taxing authority that levies taxes or assessments on real property or by the public records. Proceeding by a public agency which 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 which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records . 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or other facts which a correct survey would disclose, and which are 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. File No.: 01180-93138 STG CL TA Standard Coverage Policy -1990 Page 1 of 1 STEWART TITLE GUARANTY COMPANY CLTA Standard Coverage Policy -1990 SCHEDULE B PART II File No.: 01180·93138 Policy No.: 0·2228·000469355 Taxes: A. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2014 -2015: 1st Installment $4,080.87 Paid 2nd Installment $4,080.87 Open Land $401,816.00 Improvements $140,635 .00 Exemption $None Code Area 008-023 Assessor's Parcel No. 011-205-17 B. 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 . C. Assessments, if any, for Community Facility Districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. Exceptions: File No.: 01180-93138 STG CLTAStandard Coverage Policy -1990 SCE Page 1 of 1 (End of Exceptions) STEWART TITLE GUARANTY COMPANY STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business-to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes-to process your transactions and maintain your account. This may include running the Yes No business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations . For our marketing purposes-to offer our products and services to Yes No you. For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes-information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and Yes No non-financial companies . OUf affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes-information No We don't share about your creditworthiness. For our affiliates to market to you -For your convenience, Yes Yes. send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591 . For non-affiliates to market to you. Non-affiliates are companies No We don't share not related by common ownership or control. They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal Information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices .] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? • request insurance-related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g ., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No .: 01180-93138 Page 1 Revised 11-19-2013 a~ ~ ~ '. ~. ." III n-.... no i e: e ~. ::s . n-.. ;. &1 : MISSION to III 11): Ill . III 0 11 . m: v1!"i. Iij ~-~ r ,~ ~~ ~ ; :0 \ ~'tNvft ,) 7 ~ ~ . . ... : .... .- I\) Q 11:1 : FIFTH ~ -III <l .Sf' . . :ii . Q,' @) ",: III ' ~ ~ II 'i Ill · ... tu : .. III S ~ @ H "'@ IQ 111 ... L 3 ~ i ~ I I ~ ..... ..,... ., I 7. FOURTH ;l f..: (/) Q: ~ ~ i i ~ Tax Rate Alea J/-2 8-023 o ~~~ I I I \O,;? @ I I @ ~~~ I I I I , ..,.,Y/.~ I I , ~r I ~// I I AVE. ~! I I ~".?,~ I I : r--#w i/j:t,.n -1,"-12. ,-fU' . ,,,,,. ~--------1-= , . .. 1 II) / , I tJ .' . ! I ~®l ~@ . 1 22 1 < • ~~ @) @Di I ~ 2 I ~ IS \@ @ '" 5 ~ I. ~ ; I !l! I ~ , ~ I .iI I u .. ~ ti n,. '4 •.• • m~ I 141." ~I AVE. .14" ..... .. . ".D" ...... .... _P""7-79 fir '.~~ II I I .. r . I , • • I . . ~ . . ~8:: ,tI . I ~ @ '! . , :~ , . . I , . . ~ @ t ® ~ L.,J ,IL ~ . ~ 1 • ~ < @) I-.~® ~ .~ ~ ! @ ® , ~~ @>. @~ f"~ f§!) 13 ~ @) ~ 11.5.34-84 PeL A ~ss.~" .. ~. . , ." , .... r.: .... @ ~ . ' , ~ .. @ '~@ r ----. ~ .... 9 ~ . i . ~/2 .. ... , ... "'" ® @l '$.'" • J'@ I ~ 12' 1«<Ii . "",I I @ 6 ~@ I! @ ro 'VI e • -@) "@J ... @ z· , @zo "'0 2 ~ , ~ ~ . , ... ~~ ~ , I : ~ I! I -r ~ ., 3 ; . • I: . . I ...... NT,Z' u' .... -.,' #'-"I_h' .. ...M' .' r .... . '0 '" \@ ST. I I I I I I 1-= """ @ """ II) II) II) 41 C tJ Townsite of San Rafael. Racl'" Pul/4 NOTE -AssessOI"s BfocIc Numbats Shown in Ellipses. CITY OF SAN RAFA EL -Pg.20 Calif. Assessor's Pan:eJ Numbet!l Shown in Cln:/Qs. Assessor's Map Bk.I! County of Marin,