HomeMy WebLinkAboutReso 47-14 Purchase 2 Parcels ACSPA RESOLUTION NO. 47 - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING A PURCHASE AND SALE AGREEMENT WITH THE
ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY (ACSPA)
FOR THE PURCHASE OF TWO PARCELS
AT THE CORNER OF DUBLIN BOULEVARD AND ARNOLD DRIVE
WHEREAS, the City Council ("City Council") of the City of Dublin desires to purchase two
parcels of land located at the corner of Dublin Boulevard and Arnold Drive in Dublin including
APN 986-0034-002 and APN 986-0034-006 ("Properties"); and
WHEREAS, these two parcels were identified as 8.7-acres of "Community Parkland" in
the General Plan, Eastern Dublin Specific Plan, and the Parks and Recreation Master Plan; and
WHEREAS, on November 19, 2013 the City Council adopted the Dublin Crossing
Specific Plan (DCSP) which includes the 8.7 acres owned by Alameda County Surplus Property
Authority; and
WHEREAS, the DCSP addresses the future development of the project area, which
includes the construction of a residential mixed-use project with up to 1,995 single and multi-
family residential units; up to 200,000 square feet of retail, office and/or commercial uses; and a
30-acre Community Park and a five-acre Neighborhood Park; and
WHEREAS, on November 19, 2013 the City Council amended the General Plan and
approved amendments to the Zoning Ordinance to create the Dublin Crossing Zoning District;
and rezoning the two ACSPA parcels for mixed use development, with the intention the parcels
will be swapped for 8.7 acres of parkland within the Dublin Crossing Development and located
adjacent to the 21.3-acres of community parkland being dedicated as part of the development to
make a larger and grander community park; and
WHEREAS, on November 19, 2013, the City entered into a Development Agreement with
Dublin Crossing Venture LLC that requires the City to acquire the ACSPA Property and convey
it to the Developer by December 31, 2016. In exchange, Developer has agreed to make a
contribution of 8.7 acres of community parkland in excess of what would be required by the
City's parkland dedication requirements; and
WHEREAS, the Development Agreement requires that Dublin Crossing Venture LLC
make a $2.8 million contribution toward the acquisition, and loan the City up to $6,000,000
interest-free for the acquisition of the ACSPA Parcel, and that the City repay the loan in four
equal annual installments on June 30 beginning in 2018 or the anniversary date of the loan if
executed later than July 1, 2017; and
WHEREAS, the City and ACSPA have negotiated a Purchase and Sale Agreement
substantially in the form attached hereto as Exhibit A ("Purchase and Sale Agreement"); and
Page 1 of 2
WHEREAS, pursuant to the terms of the Purchase and Sale Agreement, the City will
purchase the Property from ACSPA for $8,250,000 and close escrow no later than December
31, 2016; and
WHEREAS, the purchase price is based on the fair market value appraisal of similar
property; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Purchase and Sale Agreement with the ACSPA.
BE IT FURTHER RESOLVED that the City Council does hereby authorize the City
Manager to execute the Purchase and Sale Agreement substantially in the form attached
hereto; to make revisions to the Purchase and Sale Agreement, with the advice of counsel,
which do not materially or substantially increase the City's obligations thereunder; to sign all
documents, to make all approvals and take all actions necessary or appropriate to carry out and
implement the Purchase and Sale Agreement and to administer the City's obligations,
responsibilities and duties to be performed under the Purchase and Sale Agreement.
PASSED, APPROVED AND ADOPTED this 6th day of May, 2014, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Q4J1
Mayor
ATTEST.
afr„ L
City Clerk
Reso No.47-14,Adopted 5-6-14, Item 4.4 Page 2 of 2
PURCHASE AND SALE AGREEM ENT AND JOI NT ESCROW I NSTRUCTI ONS
THIS PURCHASE AND SALE AGREEMENT (this"Ageement")is entered into
Effective as of ,2014(the"Effective Date"), by and between Surplus
Property Authority of Alameda County, a public corporation("Seller"),and the City of Dublin,a
California munidpal corporation(collectively,"Buyer"). Seller and Buyer are hereinafter
referred to individually as a"Party" aid collectively as the"Parties"
RECITALS
A. Seller is the fee owner of that certain real property in Alameda County,
California, consisting of the following two parcels an approcimate4.51 axe parcel north of
Dublin Boulevard aid we of Arnold Road, identified as Alameda County Assessor's Parcel
Number 986-0034-006("Parcel 1")and an approximate 4.22 acre parcel adjacent to Parcel 1,
identified as Alameda County Assessor's Parcel 986-0034-002("Parcel 2"), located in the City
of Dublin,aid more particularly described in Exhibit A attached hereto and incorporated herein
by this reference(collectively,the"Land").
B. On November 19,2002, Buyer approved the Dublin Transit Center General
Ran/Specific Rai Amendment(the"2002 General Flan/Specific Ran Amendment")that,
among other thin designated the Laid as a community perk site and specified that Buyer
would acquire the Laid from the Seller.
C. On November 5,2013, Buyer approved the Dublin Crossings Specific Rai and
General Ran that changed the planning designation aid zoning for the Laid to General
Commercial/DC High Density Residerrtial.
D. I n a cordaxce with the terms and conditions contained herein aid i n satisfaction
of any aid all obligations with respect to the acquisition aid sale o of the Laid pursuant to the
2002 General Plan/Specific Ran Amendment, Buyer desires to purchase,and Seller desires to
sell,the Laid together with all improvements located thereon aid all easements, hereditaments,
aid appurtenaioes belonging to or inuring to the benefit of Seller and pertaining to the Land(all
of the foregoing ng collectively hereinafter,the"Property").
NOW,THEREFORE,for good aid valuable consideration,the receipt and sufficiency
of which are hereby acknowledged,the Pali es agree esfollows.
1. Asreement to Sell and Purchase Seller agrees to sell and Buyer agrees to
purchase the Property subject to the terms aid conditions of this Agreement. Buyer aid Seller
agree ail adkno wedge that by altering into this Agreement Seller has si died any aid all
obligations to Buyer with respect to the Property,whether under the 2002 General Rai/Specific
Ran Amendment or othewisa aid that, if thisAgreehnent is terminated for any reason other
than Seller's Default(as defined in Section 19), Seller shall have no further obligation to sell the
Property to Buyer. and Buyer agrees that Seller shall thereafter have the right to pursue the sale
of the Laid for private development,which development would be subject to applicable lags,
rules aid regulations.
al
000299.0055\3458717.3 1
2. Purchase Price The purchase price for the Property shall be Eight Million Two
Hundred Fifty Thousand and 00/100 Dollars($8,250,000.00)("Purchase Pricey). The Purchase
Price shill be paid in cash at the Closing.
3. Cenvevance of Title At the Close of Escrow (defined in Section 9),Seller shall
convey by grant deed to Buyer marketablefee simple title to the Property,free and deer of all
recorded and unrecorded I iens,encumbrances, assessments, leases and taxes except:
(a) taxes and assessments for the fiscal yea-in which the escrow for this transaction
doses,which shall be prorated as of the Close of Escrow,aid all taxes and assessments for
future periods;
(b) such other conditions, liens,encumbrances, restrictions and exceptions as may be
approved in writing by Buyer or deemed approved in accordance with the provisions of this
Agreement; and
(c) any matters of record consented to by Buyer or caused by the acts or omissions of
Buyer or its authorized representatives(collectively, "Permitted Exc;eptione).
4. Escrow; Escrav I nstructions Upon execution of this Agreement,the Parties
shall establish an escrow (the"Escrow")to consummate the purchase and site of the Property
pursuant to the Agreement, at the office of Chico Title Company("Title Company" or
"EscravAgent")located at One Kaiser Plaza,Suite745, Oakland, California 94612. When this
Agreement is executed by Seller and Buyer the Parties shell deposit with Escrow Holder a copy
of thefully executed Agreement,or of executed counterparts of this Agreement,which shall
serve as the j of nt escrow instructions of Buyer and Seller for this transaction,together with such
additional instructions consistent with this Agreement as may be executed by the Parties and
delivered to the Escrow Agent. The date of such deposit shall constitute the"Opening of
Escrow."
5. Title Documents
(A) Preliminary Title Report. Attached to this Agreement as Exhibit C is a copy of
a prel iminary report covering the Property issued by Title Company dated September 17, 2013,
Title No. 13-58205101-MG. Buyer acknowledges that Seller has previously provided Buyer
with access to legible copies of, all instruments and documents referenced in such preliminary
report as title exceptions("Title Exceptions('). The preliminary report and copies of the Title
Exceptions are referred to collective as the"Preliminary Report."
(B) Survey. Within ninety(90)days fol l owi ng expiration of the Feasi bi l ity Period
(defined below), Buyer shall, at its sole expense, obtain and furnish to Seller and Title Company
a copy of an A LTA Survey of the Property.
(C) Title Exceptions Buyer shall have thi rty(30)days fol l owi ng the Effective Date
in which to deliver written notice to Seller of any Title Exceptions disepproved by Buyer
("Disapproved Title ExceptianC). Any Title Exceptions not so disapproved by Buyer within
that 30-day period shall be cond usively deemed to have been approved by Buyer. If Buyer
disapproves of any Title Exceptions,Seller shall,within fifteen(15)daysfollowing Seller's
000299.0055\3458717.3 2
•
receipt of Buyer's notice, notify Buyer of those Disapproved Exceptionsthst Seller will or will
not(in Seller's sole discretion) remove from title or cause Title Company to endorse over
(subject to Buyer's reasonable approval). In the event that Seller does not agree to remove or
cause Title Company to endorse overall Disapproved Title Exceptions to Buyer's satisfaction,
Buyer shall ha vethe option, in its sole discretion,to terminatethisAgreement or to accept title
subject to such Disapproved Title Exceptions In the event Buyer elec tsto terminate this
Agreement,any funds and documents deposited into Escrow by or on behalf of the Paties shall
be returned to the depositing Paty,and all rights and obligations hereunder shall terminate
except for those rights and obligations which expressly survivetermination pursuant to the terms
of this Agreement.
(D) Title!nsurance. It shall be a condition to the Close of Escrow that Title
Company issue an ALTA Owner's Title Insurance Policy("Title Pdic y")in the amount of the
Purchase Price for the benefit and protection of Buyer,shaming titleto the Property vested in
Buyer,subject only to the Perrrnitted Exceptions, including such endorsements as may reasonably
be requested by Buyer, upon the Close of Escrow, and conditioned only upon the payment of the
premium for the Title Poi icy and all Buyer requested endorsements.
6. Feasibility Review.
(A) Seller's Ddivery of Due Diliaence Materials Within ten(10) Business Days
after the Effective Date, Seller shall,to the extent Seller has not previously done so,provide
Buyer with copies of all reports,studies,surveys, contracts,agreements and analyses relating to
the physical and/or environmental condition of the Property in Seller's possession or control
(collectively,the"Disclosure M ate lalsi'),ecd usive of the reports identified in Exhibit D(the
"Environmental Reports"), provided,that Seller shall not be deemed to mammy
representation to Buyer regarding the accuracy,completeness, methodology or current status of
third paty reports, nor shall Seller assume any liability with respect to my matter or information
referred to or contained in such reports, nor shall Buyer have any dam against Seller or any
Authorized Representdiveof Seller arising out of the contents of such reports Seller shall make
the Environmental Reports available to Buyer for inspection at Seller's offices at Alameda
County General Services Agency, Environmental Services Division, 1401 Lakeside Drive,
Oakland, California Seller shall further provide to Buyer my additional Disclosure Materials
relating to the physical and/or environmental condition of the Property that come into the
possession or control of Sal ler after the Effective Date aid before the Close of Escrow.
(B) Buyer's Reports Buyer shall provide Seller with copies of d I reports and
studies prepared by or on behalf or Buyer relating to the environmental condition of the Property,
provided,that Buyer and I not be deemed to make my representation to Stier regarding the
accuracy, completeness, methodology or current status of such third paty reports, nor shall
Buyer Mane any liability with respect to my matter or information referred to or contained in
such reports, nor shall Seller have my dam against Buyer or my consultant of Buyer aid ng out
of the contents of such reports.
(C) Buyer's Feasibility Period. Buyer shall have one hundred eighty(180)days
after the Effective Date in which to determi newhether to approve the condition of the Property
and my other factors that Buyer, in its sole discretion, deems relevant in connection with the
000299.0055\3458717.3 3
purchase, ownership and development of the Property(the"Feasibility Period"). Prior to the
expiration of the Feasibility Period, Buyer shall give Seller written notice either: (i)that Buyer
has approved its feesi bi I ity review and will proceed to Closing, or(ii)that Buyer has disapproved
its feesi bi I ity review, in which case this Agreement shall terminate and the Parties shall have no
further obligation to each other accept for those rights and obligations which expressly survive
termination pursuant to the terms of this Agreement. Fa lure by Buyer to give notice of approval
or disapproval of its feasi bi l ity review before the ecpi ration of the Feasi bi l ity Period shall be
deemed disapproval thereof.
(D) Site M aintenance. From and after the Effective Date, Buyer shat I assume
responsibi I ity for ma ntenance of the Property, including required weed abatement and removal
of debris from the drainage canal thereon; provided, however,that Buyer shall not assume any
responsi bi I i ty or be deemed responsible for any capital costs of improving or modifying the
Property, i nd udi ng the dra nage canal thereon,except to the ectent required by any local, State
of California,federal or other applicable governmental or quasi-governmental agency, body or
authority having jurisdiction over the Property(individually an"Authority," and collectively,
the"Authorities").
(E) Buyer's Richt of Entry. Seller hereby grants Buyer and its Authorized
Representatives(as defined in Section 37), a license to enter aid conduct upon the Property, at
Buyer's sole expenses such inspections, studies,tests, surveys and assessments with respect to
the Property and such other matters as Buyer, in its sole aid absolute discretion,deans
appropriate to perform its due diligence during the Feasibility Period, during regular business
hours and upon not Tess than three(3) Business Days' advance telephonic or email notice to
Stuart Cook ("Seller's Director")at the contact information set forth in Section 22(A),or other
Authorized Representative as designated by Seller. Buyer and its Authorized Representatives
shall comply with ail applicable laws with respect to the performance of such due di l igene, and
upon the completion thereof shall restore to Property to substantially the condition it was in prior
to conducting such due diligence. Buyer agrees to indemnify, defend aid hold Seller,the County
of Alaneda, aid their respective board members,and Authorized Representatives harmless from
any aid all claims,suits,actions,damages, costs, expenses liabilities, liens(including,without
limitation, mechanics' liens)aid encumbrances resulting from or arising out of any entry by
Buyer or Buyer's Authorized Representatives on the Property,any non-compliance with
applicable l ants, or any breach of this Agreement. Notwithstanding the above, Buyer's
obl i gations to restore the Property and to indemnify aid hold Seller harmless shall not extend to
any damage resulting from any one or more of the following: (i)the mere discovery of
Hazardous M ateri al s on the Property; or(ii) negligence or willful misconduct of Seller or its
Authorized Representatives The foregoing obligations of Buyer shall survive Close of Escrow
or termination of this Agreement.
The provisions of this Section 6(E)to the contrary notwithstanding, Buyer shall
not conduct any biological investigations or studies or any invasive investigation, inspection, or
test on the Property without prior written notice to Seller's Director of the proposed
investigation, study, inspection or test(induding,with respect to any Hazardous Materials
i nvasive testing,a written plan for such testing)aid Seller's Director's approval thereof,which
will not be unreasonably withheld,conditioned or delayed and will be deemed given if Seller's
Director has not given its approval or reasonable disapproval within ten(10) Business Days after
000239.0055\3458717.3 4
receipt of Buyer's notice of the proposed investigation,study, inspection or test(aid any
required written plan). Additionally, Buyer shall provide to Seller for Seller's review aid
approval (which approval will not be unreasonably withheld,conditioned or delayed)copies of
drafts of any reports prepared in connection with any such activities prior to the reports
becoming fined and submitted to third parties(i nd uding Authorities). Seller s failure to
disapprove of any draft report within ten(10) Business Days of Sellers receipt will coed usvely
be deemed approval by Seller of the draft report in question.Seller sfalure, if ay,to approve
such draft reports shall not prevent City from relying on sad draft reports in deciding whether to
approve the condition of the Roperty.
For purposes of this Agreement,the term"Hazardous Materials" shall mean any
substaioe; product,waste or other material of aiy naturewhetsoever that is or becomes, listed,
regulated or addressed pursuait to State or federal law, including,without limitation,the
Comprehensive Environmental Response Compensation aid Liability Act,42 U.S.C.Section
9601 et seq.;the Resource Conservation and Recovery Act,42 U.S.C.Section 6901 et seq.; the
Clean Water Act, 33 U.S.C.Section 1251 et seq.; and the California Hazardous We Control
Act, Health aid Safety Code Section 21500 et seq.
(F) I_ Prior to ecerdse of the right of entry granted in Section 6(E1 by any
Authorized Representative other than an employee of the City of Dublin, Buyer shall provide
Seller with satisfactory evidence, in the form of a certificate of insurance,that Buyer's
Authorized Representative is insured under commerdal genera I iebi I ity and automobile liability
insurance pol ides terminable only after ten(10)days aivai ewritten notice to Seller,each
policy to be in an amount of not lessthat One Million Dollars($1,000,000)combined single
limit per occurrence for bodily i rj ury and property damage;and naming Seller wen additional
insured.
7. Cloeina Documents and Funds
Seller.
(a) No allater one(1)Business Day prior to theCloseof Escrow(the
"Closing(A) a'),Dat Seller shl deposit than into escrow al of thefollowing
(i) a Grant Deed,substantially in the form attached hereto as
Exhibit B("Grant Deed"), duly executed aid acknowledged,conveying to Buyer good aid
marketable fee si mple title to the Property,subject only to the Plarmitted Exceptions approved
pursuant to this Agreement;and
(ii) such additional duly executed instruments aid documents as the
Escrow Agent may reasonably require to conammate the transaction contemplated hereby.
(b) Unless Sel ler electsto have the fdlowing charges deducted from the funds
to be distributed to Seller at Close of Escrow, no later than one(1) Business Day prior to Close
of Escrow, Seller shall deposit into Escrow immediately a,alablefunds in the amount necessary
to pay any Alameda County documentay or other Alameda County traisfer tares appl icableto
the sale of the Property.
000299.005513458717.3 5
(B) Buyer.
(a) No later than one(1) Business Day prior to the Closing Date, Buyer shall
deposit into Escrow all of thefollowing:
(i) a duly executed Certificate of Accsptanoe pursuant to California
Government Code Section 27281, if applicable; and
(ii) such additional duly executed instruments and documents as the
Escrow Agent may reasonably require to consummate the transaction contemplsted hereby.
(b) No less than one(1) Busi new Day prior to the Close of Escrow, Buyer
shall deposit into escrow all of the fol lowi ng:
(i) the Purchase Prime as adjusted by my proration between the
Parties;
(ii) all appl i able recording charges;
(iii) any City of Dublin documentary or other City of Dublin transfer
taxes appl icable to the purchase of the Property;
(iv) the cost of the Title Policy aid my requested endorsements; and
(v) al other stardia-d costs and charges of the Escrow.
8. AS-I S Sale: Release.
(A) Buyer acknowledges and agrees that: (i)prior to the Closing Date, Buyer shall
have availed itself of the opportunity to perform due diligence with respect to the Property, in
Buyer's discretion, including examination of the legal, environmental,zoning, laid use seismic,
title, survey and physical characteristics aid condition of the Property; (ii)by purchasing the
Property, Buyer shall be deemed to have approved of all such characteristics and conditions; (iii)
the Property is to be purchased,conveyed to,and a cepted by Buyer in its present condition, "AS
IS" WHERE !SAND WITH ALL FAULTS, and no patent or latent defect or deficiency in the
condition of the Property,whether or not known or discovered, shall affect the rights of either
Seller or Buyer hereunder, nor shall the Purchase Price be reduced as a consequence thereof.
Except as specifically set forth in Section 14,Seller does not make any representations or
warranties of my kind whatsoever, either express or implied,with respect to the Property or my
related matters. Buyer adknowledgesthat it shall purchase the Property on the basis of Buyer's
own investigation of the physi cal and environmental conditions of the Property, including all
subsurface condi ti ons, aid Buyer assumes the risk that adverse physical, environmental or other
conditions may not have been revealed by its investigation. Buyer shall be solely responsible, at
its cost aid expense,for the extension or delivery to the Property of my aid all necessary utility
and other services including,without limitation,sanitary sewer,water,storm water, gas,
electricity and tel and for all connection fees aid costs payable to connect such
utilities to service I i nes outside of the boundaries of the Property. The provisions of this Section
shall survive Close of Escrow.
000299.005513458717.3 6
(B) Release. Effective as of the Close of Escrow, Buyer,for itself, its suoceseors and
assigns, hereby waves, releases, acquits and forever discharges Seller and its Authorized
Representatives,of and from,any dams, actions,causes of action, demands, rights,damages,
costs,ecpenses, penalties,fines or compensation whatsoever,direct or indirect,at any time on
account of or in aiy way ariang out of or in connection with the known or unknown physical,
ex waives
icons of
environmental or other condition of the Property. Buyer preeslY prow
California Civil Code§1542,which provides: "A general release does not extend to dams
which the creditor does not know or suspect to exist in hisor her favor at thefts of ecec uting
the release,which if known by him or her must have materially affected hisor her settlement
with the debtor."
9. Close cf Escrow. The Parties agree that the Cl osi ng Date will occur no leer than
December 31, 2016, unless this Agreement istermineed pursuant to the terms hereof or
ectended by mutual agreement of the Parties. Escrow Holder shall prepare and sign final
Closing Statements showing all receipts and disbursements and deliver copies to Buyer and
Seller and, if applicable;shall file with the Internal Revenue Service(with copies to Buyer and
Seller)the reporting statement required under Section 6045(e)of the Internal Revenue Code.
The Escrow Agent shall dose Escrow by: (i)causing the Grait Deed to be recorded in the
official records of Alameda County, California; (ii)issuing the Title Policy aid delivering sane
to Buyer, (iii)delivering to Seller the monies constituting the Purchase Price less prorated
amounts and charges to be pa d by or on behalf of Seller; and(iv)del iveri ng to Buyer the
original Grait Deed,together with a conformed copy thereof indicating recording information
thereon. Po sorr on of the Property shall be delivered to Buyer at the Close of Escrow. Buyer's
acceptance of the Grad Deed shat I constitute Buyer's Egreement to accept title to the Property
subject to the Permitted Exceptions,aid Buyer waives the provisions of California Civil Code
Section 1113(2)to the contrary.
10. Cimino Coda Closing costs shill be pad as set forth in Section 7 herein. Each
Party shell be responsible for the cost of its legal counsel aid other advisory profeesionals. All
other fees and misoel laieous coats not referenced in Section 7 shall I be allocated in accordance
with the custom in Alameda County.
11. Proration At the Close of Escrow,the Escrow Agent shall make the following
pro-rations (i)property taxes, if aiy,shall be prorated as of the Close of Escrow based upon the
most recent tax bill available, ind uding any property taxes which may be assessed after the
Close of Escrow but which perta n to the period prior to the transfer of title to the Property to
Buyer, regardless of when or to whom noticethereaf is delivered; aid(ii)any bond or
assessnent that constitutes a lien on the Property at the Close of Escrow shall be assumed by
Buyer.
12. Buyer's CanttionstoCloan% The Close of Escrow and Buyer's obligation to
purchase the Property ale conditioned upon: (i)the performan ebySellerofeachobligationto
be performed by Seller under this Agreement within the applicable time period,or the waiver by
Buyer of such obligation; (ii)Seller's representations and warranties contained in this Agreement
being true aid correct in ail material respects as of the Effective Date aid, subject to the
provisions of Section 14(C),as of the Close of Escrow; aid(iii)the commitment by Title
000299.005513458717.3 7
Company to issue and deliver the Title Policy,subject only to the Permitted Exceptions aid
payment of the regularly scheduled premium therefor.
Should any condition to dosing fal to occur, accepting any such conditions that have
been waved by Buyer, Buyer shall have the right,exercisable by giving written notice to Seller
and subject to the notice and cure provisions of Section 19,to cancel the Escrow,termi natethis
Agreement,and recover any and all amounts pad by Buyer to Seller or deposited with the
Escrow Agent by or on behalf of Buyer. The exercise of this right by Buyer shall not constitute a
waver by Buyer of any other rights Buyer may have at law or in equity.
13. Seller's ConditionstoClosing. The Close of Escrow and Seller's obligation to
will the Property pursuant to thisAgrearnent are conditioned upon: (i)the performance by Buyer
of each obligation to be performed by Buyer under this Agreement within the applicable time
period, or waver by Seller of such obligation; and(ii) Buyer's representations and warranties
conta ned i n this Agreement being true and correct in al I material respects as of the Effective
Date and the Close of Escrow.
Should any condition to dosing fal to occur, accepting any such conditions that have
been waved by Seller, Seller shall have the right,exerdsable by giving written notice to Buyer
and subject to the notice and cure provisions of Section 19,to cancel the Escrow and terminate
this Agreement. The exerdse of this right by Seller shall not constitute a waver by Seller of any
other rights Seller may have at law or in equity.
14. Seller's Recreeentationsand Warranties Seiler hereby represents and
warrants that,accept as disdosed in the Environmental Reports and other Disclosure Materials,
or as otherwise disclosed in writing to Buyer, as of the Effective Date (i)to Seller's actual
knowledge there are no buried or partially buried storage tanks located on the Property; (ii)
Seller has received no written notice,waning, notice of violation, administrativecomplant,
judicial complaint, or other formal or informal notice al Iegi ng that conditions on the Property are
in violation of any environmental law or informing Seller that the Property is subject to
investigation or inquiry recording Hazardous Materials on the Property or the potential violation
of any environmental law; (iii)to Sel l er's actual knowledge there is no monitoring program
required by the Environmental Protection Agency or any other governmental agency currently in
effect concerning the Property; (iv)to Seller's actual knowledge the Property has never been
used as a dump or landfill; (v)to Seller's actual knowledge Set ler has disdosed to Buyer all
material information, records,and studies in Seller's possession or reasonably aver!able to Seller
relating to the Property concerning Hazardous Materials; (vi)Seller has not received any notice
from any Authority of any threatened or pending zoning, building,fire,or health code violation
or violation of other governmental regulations concerning the Property that have not previously
been corrected; (vii) no=tales I i censes, leases or commitments regarding the ma ntenance or
use of the Property or allowing any third paty rights to use the Property are in force which affect
the Property or which will survive Close of Escrow; (viii)to Seiler's actual knowledge there are
no threatened or pending actions, suits,or admi ni strati ve proceedings agai nst or affecting the
Property or any portion thereof or the interest of Seller in the Property; (ix)to Seller's actual
knowledge there are no threatened or pending condemnation, eminent doman,or amila
proceedings affecti ng the Property or any portion thereof; (x)Seller has not received any notice
from any insurer of defects of the Property which have not been corrected; (xi)Seller has no
000299.005513458717.3 8
actual knowledge that any information that Seller has delivered to Buyer,either directly or
throw Sella°sagents, is inaocurateor incomplete in any material respect; (xii)Seller is not a
"foreign person" under Section 1445 of the Internal Revenue Code; and(xiii)Seller has
disdosed all material facts concerning the Property which are actually known to Seller.
Seller further represents aid warrants that this Agreement and all other documents
delivered or to be delivered in connection herewith prior to or at the Close of Escrow: (a)have
been duly authorized,executed,aid delivered by Seller, (b)are binding obligations of Seller;
(c)are collectively sufficient to transfer all of Seller's right,title and interest in and to the
Property; and(d)do not violate the provisions of my agreement to which Seller isa party or
which affects the Property. Seller further represents and warrants that the person(s)who has
(have)a cec uted thisAgreement on behalf of Seller is(are)authorized to do,that Seller has the
legal right to enter into this Agreement and to perform all of its terms aid conditions,and that
this Agreement is enforceable agai nst Seller in azcordance with its terms.
Each of the representations and waranties made by Seller in dauses(v), (vii), (xii)and
(xi ii)of thefirst paragraph of this Section 14 shall bedewed to be made again as of Close of
Escrow. Seller shall notify Buyer if Seller beoomesawaeof my facts that would cause any of
the representations oonta ned in thisAgreement to be material I untrue as of the Close of Escrow
aid which would adversely affect the development of the Property. If, before the Closing Dats
Buyer reasonably believesthet afact so disclosed by Seller materially(i.a, reasonably likely to
cost in excess of$100,000 to correct)and adversely affects development of the Property, Buyer
shall ham the option to terminate this Agreement by delivering written noticethereof to Seller.
In the event Buyer elects to termi nate this Agreement,any funds and documents deposited into
Escrow by or on behalf of Buyer shall be returned to Buyer,and all ri ghts and obligations
hereunder shall termi nate unless expressly stated herein to survive termi nation. In the event
Buyer elects to proceed to Close of Escrow notwithstanding Buyer's knowledge of the material,
adverse condition, Buyer shall be deemed to have accepted the subject condition to the sane
extent as if Buyer had discovered the condition itself aid had nevertheless approved sad
condition.
Seller shall indemnify,defend aid hold hamless Buyer from all loss,cost, liability,
expense;damage or other injury, induding without limitation,attorneys' fees and all other costs
and expenses incurred by reason of, or in my manner resulting from the breech of my
representation or warranty contained in this Section. This indemnification shall survive
termination of this Agreement and the consummation of theCloseof Escrow.
Seller makes no representation or warranty other than those specifically and expressly
stated in this Section 14. Seller makes no representation,express or implied,that the Property or
its condition is suitable for the Buyer's intended user As used in this Agreement,the phrase
"Seller's actual knowledge!' and other references to Seller's knowledge refers only to the actual
knowledge of Stuart Cook,without having conducted, and without my obligation to conduct,
any independent investigation or inquiry.
15. Seller's Covenants Seller covenants that from the Effective(Mead through
the Closing Date,Seller: (i)shall not permit any liens,encumbrances,or easementsto be placed
on the Property, other than Permitted Exceptions (ii)shall not maket the Property or negotiate,
000299.0055\3458717.3 9
solicit,accept or enter into any letter of intent,offer, non-disclosure agreement,option
agreement, purdiase agreement, lease agreement or any other agreement regarding the use, sale,
rental, management, repair, improvement,or any other matter affecting the Property that would
be bi ndi ng on Buyer or the Property after the CI ose of Escrow without the prior written consent
of Buyer; (iii)shall not permit any act of waste or act that would tend to diminish the val ue of the
Property for any reason, except that caused by ordinary wear and tea; aid(iv)shall, except to
the extent of Buyer'sobIigions under Section 6(D)of this Agreement, mantan the Property in
its condition as of the Effective Date,ordinary wear and tear excepted,and shall manage the
Property substantially in aocordancewith Seller's established practices
16. Buyer's Representations Warranties and Covenants Buyer represents,
warrants and covenants that this Agreement aid dl other documents delivered in connection
herewith, prior to or at the Close of Escrow: (i) have been duly authorized, executed, aid
delivered by Buyer; (ii)are binding obligations of Buyer; and(iii)do not violatethe provisions
of any agreement to which Buyer is a party. Buyer further represents aid warrants that the
persons who have executed this Agreement on behalf of Buyer ae duly authorized to do,that
Buyer has the legal right to enter into this Agreement and to perform all of its terms and
conditions, aid that the Agreanent is enforceebl a agai nst Buyer in a000rdahcewith its terms
17. Indemnification.
(A) Seller Indemnification. Seller a reesto defend, indemnify aid hold Buyer
harmless from and against any aid al dams, liens, demands` losses, damages, I idai I ities, fines,
penalties, chages, administrative aid j udi cid proceedings and orders, and all costs incurred in
connection therewith (i nd udi ng without limitation actual attorneys' fees and costs of experts aid
consultants)wising from(i)any obligation of Seller not expressly assumed by the Buyer related
to the ownership or operation of the Property prior to the Closing Date, but excluding any
obligation related to existing Hazardous Material and(ii)the breach of any of Seller's
representations made under thisAgreement. The indemnity contained in this subsection shall
survive the termi nati on of this Agreement aid the consummation of the Close of Escrow.
(B) Buyer Indemnification. Buyer agrees to defend, indemnify and hold Seller
harmless from and against any and all dams, liens, demands, losses,damages, liabilities,fines,
penalties,charges,administrative and judicial proceedings and orders,and al costs incurred in
connection therewith(including without limitation actual attorneys' fees and costs of experts aid
consultants)arising from(i)any obligation of Buyer related to theownership or operation of the
Property after the Closing Date; and(ii)the breech of any of Buyer's representations made under
this Agreement. The indemnity contained in this section shed! survive the termination of this
Agreement aid the consummation of the Close of Escrow.
18. Damaoe and Destruction. In the event of any danage or other loss to the
Property,or any portion thereof,caused by fi re or other casualty prior to the Close of Escrow,
Seller shall have no responsibility therefor(except to the extent caused by the willful acts or
omissions of Seller or Seller's Authorized Representatives)and Buyer shall not be entitled to
terminate this Agreement, but shall be obl igated to dose the escrow and purchase the Property as
provided in this Agreement,without abatement in the Purchase Price.
000299.0055\3458717.3 10
19. Defaults Remedies Termination. Either Paty she! be in default of this
Agreement(°Default")if such Paty falls to keep, observe or perform any of its covenants`
duties or obligations under this Agreement,and the default continues for a period of thirty(30)
days, unless different time period is spedfied herein,after written notice thereof from the non-
defailti ng Party to the defaulting Paty,or in the case of a Default that cannot with due diligence
be aced within thirty(30)days or other time specified for herein,the defaulting Party fails to
proesarte the curing of such Default with due diligenceaid in good faith to completion. Either
Paty shall have the right to terminate this Agreement upon a Default aid expiration of any
applicable cure period,aid in accordance with the terms of this Agreement, in addition to
pursuing all remedies aralable under law or equity. Except as otherwise provided herein,the
rights End remedies of the Parties shall becumulativa provided, however,that neither Party shat
have a right to recover consequential damages.
20. Br Each Party warrants and represents to the other that no person or entity
can properly dam a right to a reel estate commission, brokeragefeea finder'sfee,or other
compensation with respect to the transaction contemplated by this Agreement as a result of that
Paty's acts. Each Party agrees to defend, indemnify and hold harmleesthe other Party from any
dams, acpenses,costs or liabilities arising in connection with a breech of this warranty aid
representation. The terms of this Section shall survive the termi nation of this Agreement and
the consummation of the Close of Escrow.
21. Assisnment. Subject to the fol lowing paragraph, Buyer may not assign this
Agreement or its rights and obligations hereunder without first obtaning Seller's written
approve of such assignment,which approve may be granted or withheld in Seller's sole
discretion.
Concurrent with the Close of Escrow, Buyer shall have the absol ute right to assign all of
its rights aid obligations under this Agreement,or substitute for itself a nominee,to any
patnership, limited liability company or corporation that will tecetitleto the Property at the
Closing, provided that sad assignee assumes the provisions of this Agreement in writing,for the
benefit of the Seller. Notice to Seller of such assignment she I be in the form of a fully-executed
original assignment and assumption agreement in the form attached to this Agreement as Exhibit
E. No such assignment shel release Buyer from its obligations under thisAgresment. Seller
shall not have the right to assign all or aiy portion of its interest in this Agreement without
Buyer's prior written consent.
22. Notices Except as otherwise specified in this Agreement,all notices to be sent
pursuant to this Agreement shall be made in writing,ail sent to the Parties at their respective
addresses specified below or to such other address as a Paty may designate by written notice
delivered to the other parties in accordance with this Section. All such notices shall be sent by:
(i) persona delivery, in which case notice is effective upon delivery;
or
(ii) certified or registered mall, return receipt requested, in which case
notice shall bedeemed delivered on receipt if delivery is confirmed by a return receipt; or
0 000299.005513458717.3 11
(iii) nationally recognized overnight courier,with charges prepaid or
charged to the sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or
(iv) email transmission, in which case notice shall be deemed delivered
upon transmittal, provided that(a)a duplicate copy of the notice is promptly delivered by fi rst-
dassor certified mail or by overnight delivery, or(b)atransmission report is generated
reflecting the accurate transmission thereof. Any notice given by email shall be considered to
have been received on the neat Business Day if it is received after 5:00 p.m. recipient's time or
on a non-Business Day.
Buyer: City of Dublin
100 Civic Plaza
Dublin, CA 94568
(925)833-6650
Attention To: Chris Foss, City Manager
Seller: Surplus Property Authority of Alameda County
224 We Winton Avenue, Room 110
Hayward, Cal i fomi a 94544
Attn.: Stuart Cook
Email: stuat.cook@acgov.orq
With a copy to: Surplus Property Authority of Alameda County
224 We Winton Avenue, Room 110
Hayward, California 94544
Attn.: Director of Community Development
Email: chrisbazaraaolov.orq
And an additional copy to Wendel, Rosen, Black& Dean LLP
1111 Broadway,Suite2400
Oakland, California 94607
Attn.: Timothy S.W l l i ams
Email: twi I I i ansCawendel.com
Title Company: Chicago Title Company
One Kaiser Plaza, Suite 745
Oakland, Cal iforni a 94612
Attn: Lauri a J. Edwards,Vice President
Email: EdwardsL@CTT.com
23. Litiaation Coots If any legal action or aiy other proceeding, including
arbitration or action for declaratory relief, is brought for the enforcement of this Agreement or
because of an alleged breech or default in connection with this Agreement,the prevailing Paty
shall be entitled to recover reasonable attorneys' fees and other cods, in addition to any other
relief to which such Party may be entitled.
000299.0055\3458717.3 12
24 Waivers Modification. No waver of ay Default or breech of any covenant or
provision of this Agreement shall be deemed a waiver of any other Default,covenart or
provision hereof,aid no waver shall bevel id unless in writing aid Executed by the waiving
Paty. An extension of time for performance of any obligation or act shall not be deemed an
extension of the time for performance of any other obligation or act, and no Extension shall be
valid unless in writing aid executed by thewavi ng Party. This Agreement may be amended or
modified only by awritten instrument executed by the Parties,
25. &Egan This Agreement dial bind and i nureto the benefit of the respective
persona representatives,successors aid alai glees of the Part es.
26. Provisions Not M eraed With Deed. None of the provisions,terms
representations warranties aid covenants of this Agreement are intended to or shall be merged
by the Grant Deed, and neither the Grat Deed nor aiy other document shall affect or impair the
provisions terms representations,warranties aid covenants contained herein. Without limiting
the generaity of the foregoing,Seller's representations,warranties at commits contained
herein shall survivethe Close of Escrow.
27. Construction. The section heacdi ngs used herein are solely for convenience aid
shall not be used to interpret this Agreement. The Paties acknowledge thet this Agreement is
the product of negotiation aid compromise on the part of both Parties,at the Parties agree,that
since both Parties have participated in the negotiation aid drafting of this Agreement,this
Agreement shall not be construed as if prepared by one of the Parties, but rather a:cordi ng to its
far meeni ng as awhole, as if both Paties had prepared it.
28. Action or Approval. Where action and/or approval by Buyer is required under
this Agreement, Buyer's City Manager may act on and/or approve such mater unless the City
Manager determines in his or her discretion that such action or approval requires referral to City
Coundl for consideration. The time periods afforded Buyer for any event, inspection,feasibility,
due diligence,eec row dosing or otherwise shall not be extended by any such referral to the City
Counci l.
29. Entire Acreement. This Agreement, including Exhibits A, B,C D aid E
attached hereto and incorpor2ted herein by this references contains the entire agreement between
the Parties with respect to the subject mater hereof,and supersedes all prior written or oral
agreements, understaili ngs, representations or statements between the Parties with respect to the
subject matter thereto.
30. Counterparts This Agreement may be executed in one or more counterparts,
each of which shall beat original and al of which taken together shall constitute one and the
sane instrument.
31. Severability. If aiy term, provision,or condition of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable,the remainder of this Agreement
shall continue i n ful I force and effect unless the rights aid obl i gati ons of the Parties have been
materially altered or abridged thereby.
030299.005513458717.3 13
32. No Third Party Benefidar lea Nothing in this Agreement is intended to or shall
confer upon any person,other than the Parties and their respective successors and assigns, any
rights or remedies hereunder.
33. Parties Not Co-Venturers Nothing in this Agreement is intended to or shall
establish the Parties as patners, co-venturers,or principal and agent with one another.
34. Non-Liability of Offidals Emokweesand Assents No member, official,
employee or agent of Buyer or Seller shall be personally I iable to the other Party or its successors
in interest in the event of any Default or breach by a Party or for any amount which may become
due to a Party or its successors in interest pursuant to this Agreement.
35. Time of the Essenc a Time is of the essence for each condi ti on,term, obligation
aid provision of this Agreement.
36. Governing Law. ThisAgreement shall be governed by aid construed in
accordance with the lags of the State of California without regard to principles of conflicts of
lama
37. Definitions In addition to other defined words and phrases in this Agreement,
the fol lawi ng defined phrases have the fol lowing meanings:
(A) "Effective Date" means the date by which Buyer has executed aid delivered the
Agreement to Seller aid theAgreement has been approved by the Alameda County Boad of
Supervisors. Seller will promptly notify Buyer of the approval of the Agreement by theAlameda
County Boad of Supervisors and will deliver a f ul l y-ececuted copy of the Agreement(including
Escrow Agent's execution of the attached Acceptance by Escrow Agent) upon execution by
Seller aid Escrow Agent.
(B) "Authorized Representatives;' refers to the directors officers, employees,
partners,agents or contractors retained by,or employed by a Party.
(C) "Business Day" means any day other that (i) a Saturday, (ii)a Sunday, or(iii)
days on which branches of national banks looted in Alameda County, California are dosed.
Any deadline, unless otherwise set forth in this Agreement,will expired 5:00 p.m., local time in
Alaneda County, California Should any deadline or date in this Agreement fall on a day other
than a Business Day, such dead)i ne or datewi I I be attended until the nett Business Day.
[SI GNATURES ON FOLLOWING PAGE]
1
000299.005513458717.3 14
I N WI TNESS WHEREOF,the Parties have ececuted this Agreement as of the date first
written above.
SELLER: BUYER:
SURPLUS PROPERTY AUTHORITY OF CITY OF DUBLIN, a California municipal
ALAMEDA COUNTY,a public corporation corporation
By: By:
Nane: Name:
Title: Title:
APPROVED AS TO FORM: APPROVED AS TO FORM:
Donna Ziegler, County Counsel
By: By:
Willian Fleishhadcer, Deputy County
Counsel
ATTEST: ATTEST:
Clerk, Board of Supervisors and Surplus
Property Authority, County of Alaneda
000299.005513458717.3 15
ACCEPTANCE BY ESCROW AGENT
Escrow Agent hereby acknowledges that it has received afully executed counterpart of
the foregoing Purchase and Sale Agreement and Joint Escrow I nstructi ons and agrees to at as
Escrow Agent thereunder and to be bound by and perform the terms thereof as such terms apply
to Escrow Agent.
CHICAGO TITLE COMPANY
Dated: , 2014 By:
Name Laurie Edwards
Title: Vice President
ii
000299.005513458717.3 16
Exhibit A
LEGAL DESCRIPTION
Parcels C and 3, Parcel Map 7395,filed October 31, 2000, Book 254 of Patel Maps, Page 28,
Alameda County Records
Assessor's Parcel No. 986-0034-002(Parcel C)and 006(Parcel 3)
001299.005513458717.3 A-1 Purchase and Sal e Agreement
Exhibit B
Reccairo Requested by
and when Recorded,return to:
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE§6103,27383
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
GRANT DEED
For val uable consideration, receipt of which is hereby acknowledged, Surplus Property
Authority of Alameda County, a public corporation, hereby grants to the[City of Dublin, a
California municipit corporation] or[ [Assignee]] all that reel property
located in the City of Dublin, County of Alameda, State of California described in Exhibit A
attached hereto aid incorporated herein.
I N WI TNESS WHEREOF, Grantor has executed this Grant Deed as of
,201_
GRANTOR
SURPLUS PROPERTY AUTHORITY OF ALAMEDA COUNTY,
a public corporation
By:
Name:
Title:
000299.005513458717.3
EXHI BIT A to Grant Deed
(Attach legal descxiption.)
000299.005513458717.3 A-1 Purchase and Sal e A greement
State of California )
)sa
County of Alameda )
On ,20 before me, , a Notary Public, in
and for sad State and County, personally appeared ,who proved to
me on the basis of satisfactory evidence to be the person(s)whose nane(s) i s/are subscribed to
the within instrument aid acknowledged to me that he/she/they executed the sane in
his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the
person(s),or the entity upon behalf of which the persons)acted,executed the instrument.
I certify under PENALTY OF PERJ J RY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seed.
NOTARY PUBLIC
000298.0055%3458717.3 A-2 Purchase and Sal e Agreement
Exhibit C
PRELIMINARY REPORT
000293.005M459717.3 A-1 Purchase and Sale Agreement
0 CHICAGO TITLE COMPANY
PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, Chicago Title Company
hereby repats that it is prepared to issue,or cause to be issued,as afthe date hereof,a policy or policies
of title Insurance describing the land and the estate or interest therein hereinafter set forth,insuring against
loss which maybe sustained by reason of any defect lien or encumbrance not shown or referred to as an
exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations or Conditions of said policy forms
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy
or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When
the Amount of Insurance is less than that set forth in the arbitration clause,all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties
Limitations on Covered Risks applicable to the CLTA andALTA Homeowner's Policies of Title Insurance which
establish a DeductbleAmountand a Maximum Diol arLimitofLiabiliityforcertain coverages are also set forth
in Attachment One.Copies of the policy forms shoukfbe read. They are available from the office which issued
this report
This report(and any supplements or amendments hereto)cs issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance,a Binder or Commitment should be requested.
The policy(s)of title insurance to be issued hereunder will be poky(s)of Chicago Title Insurance Company,
a Nebraska corporation.
Please read the exceptions shown or fattened tv herein and the exceptions and exclusions set
forth in Attachment One of this report carefully. The exceptions and exclusions are meant tv
provide you with notice of matters which are not covered under the terms of the tale
insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as tv the
condition of title and may not list all liens, defects and encumbrances affecting title to
the land.
Chicag�o�T le Company
EVAl-a) BY
0 ARM 409L............_......
Countersigned
CLTA Preliminary Report Form-Modfied(11/17/06)
14&t us on our WeEmlr: www.ctk.com
0 Chicago Title Company
MOMS 2150 John Glenn Drive,Suite 400•Concord,CA 94520
FOR 5171L007ITINQUIRE"S,CONTACT: Chicago Title Company-Oakland
1 Kaiser Plaza,Suite 745.Oakland,CA 94612
510 451-8888•FAX 510 465-0738
PRELIMINARY REPORT
Title Officer: Mark Goodrich Title No.: 13-58205101-MG
Escrow Officer: Laurie Edwards Locate No.: CACTI7701-7701-5582-0058205101
Escrow No.: 13-58205101-LE
TO: Surplus Property Authority of Alameda County
224 W. Winton Ave,Room 110
Hayward,CA 94544
ATTN: Stuart Cook
PROPERTY ADDRESS: APN 986-0034-006 and -002, Dublin,California
EFFECTIVE DATE: September 17,2013,07:30 A.M.
The form of policy or policies of title insurance contemplated by this report is:
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED
BY THIS REPORT IS:
A Fee
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Surplus Property Authority of the County of Alameda,a public corporation
3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF
SC\BS 10/08/2013
1
LTA el ni ery Report Fum-Modified(11/17106)
Tine No. 13-58205101-MG
Locate No.CA017701-7701-5582-0058205101
LEGAL DESCRIPTION
EXHIBIT"A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ALAMEDA, STATE OF
CALIFORNIA,AND IS DESCRIBED AS FOLLOWS:
Parcels C and 3,Parcel Map 7395,filed October 31,2000,Book 254 of Parcel Maps,Page 28,Alameda County
Records.
Assessor's Parcel No.986-0034-002(Parcel C)and 006(Parcel 3)
3I
1
2
CLTA Preliminary Report Fenn-Modified(11/17/06)
Title No. 13-58205101-MG
Locate No.CACT17/01-7701-5582-0058205101
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN
ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD
BE AS FOLLOWS:
1. Property taxes, which are a lien not yet due and payable, including any assessments collected
with taxes to be levied for the fiscal year 2013-2014.
2. Taxes for the fiscal year 2012-2013 are not assessed.
3. 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.
4. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a
document;
Reserved by: United States of America
Purpose: Utilities and roadway(Parcel E12)
Recorded: July 11,1969,Instrument No.69-78117,Reel 2439,Image 213,of Official
Records
Affects: Easterly 30 feet of Parcels C and 3 Parcel Map 7395
5. Covenants,conditions and restrictions,but omitting any covenant or restriction,if any,based
on race,color,religion,sex,handicap,familial status,or national origin unless and only to the extend
that said covenant(a)is exempt under Chapter 42, Section 3607 of the United States Code or(b)
relates to handicap but does not discriminate against handicap persons,contained in the Deed
From: United States of America
Recorded: August 4, 1997,Instrument No.97-194235,Official Records
NOTE: Section 12956.1 of the Government Code provides the following: If this document contains
any restriction based on race,color,religion,sex,familial status, marital status,disability, national
origin,or ancestry,that restriction violates state and federal fair housing laws and is void,and may
be removed pursuant to Section 12956.1 of the Government Code. Lawful restrictions under state
and federal law on the age of occupants in senior housing or housing for older persons shall not be
construed as restrictions based on familial status.
Easements as contained in the Declaration of Restrictions above referred to.
Affects: Parcel 3, Parcel Map 7395
3
CLTA Pnfiminery Report Farts-Modified(11/17/06)
ITEMS: (continued) Title No. 13-58205101-MG
Locate No.CACTI7701-7701-5582-0058205101
6. Three-Party Exchange Agreement
Executed by: County of Alameda, East Bay Regional Park District
And
Between: United States of America
Upon the terms, provisions,covenants and conditions contained therein.
Unrecorded Agreement disclosed by the Quitclaim Deed recorded September 24, 1994,Instrument
No.94312570,Official Records.
7. Agreement
For: Right-of-Way,Construction
Dated: 1991
Executed by: City of Dublin
and
Between: City of Pleasanton,The County of Alameda and the County of Alameda's
Surplus Property Authority
Upon the terms,provisions,covenants and conditions contained therein.
Unrecorded Agreement disclosed by Resolution No.83-94 of the City of Dublin,recorded September
22, 1994,Instrument No. 94312570,Official Records.
8. Covenants,conditions and restrictions,but omitting any covenant or restriction,if any,based
on race,color,religion,sex,handicap,familial status,or national origin unless and only to the extend
that said covenant(a)is exempt under Chapter 42, Section 3607 of the United States Code or(b)
relates to handicap but does not discriminate against handicap persons,contained in the Deed
From: United States of America
Recorded: September 22, 1994, Instrument No.94312570,Official Records
NOTE: Section 12956.1 of the Government Code provides the following: If this document contains
any restriction based on race,color,religion,sex,familial status, marital status,disability, national
origin,or ancestry,that restriction violates state and federal fair housing laws and is void,and may
be removed pursuant to Section 12956.1 of the Government Code. Lawful restrictions under state
and federal law on the age of occupants in senior housing or housing for older persons shall not be
construed as restrictions based on familial status.
Affects: Parcel C, Parcel Map 7395
9. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a
document;
Reserved by: United States of America,Department of the Army
Purpose: Gas lines, electrical lines, telephone lines, sewer lines, water lines and
drainage system
Recorded: September 22, 1994, Instrument No.94312570,of Official Records
Affects: Parcel C, Parcel Map 7395
4
CLTA Preliminary Report Form-Modified(11/17/06)
ITEMS: (continued) Tide No. 13-58205101-MG
Locate No.CACTI7701-7701-5582-0058205101
10. Easement(s)for the purpose(s) shown below and rights incidental thereto as delineated or as
offered for dedication,on the filed Map of Parcel Map 7395,filed 10/31/2000,Book 254 of P.M.,Pg.
28,Alameda County Records.
Purpose: Public service and sidewalk
Affects: Southerly 10 feet of premises
11. Option to Purchase the herein described property by
Optionor: Surplus Property Authority Alameda County,a public corporation
Optionee: Cisco Systems,Inc.,a California corporation
Recorded: January 8,2001,Instrument No. 2001006522,Official Records
12. Matters contained in that certain document entitled "Master Development Agreement"dated May
6, 2003, executed by and between City of Dublin, a municipal corporation and Surplus Property
Authority of the County of Alameda, a public corporation recorded June 16, 2003, Instrument No.
2003350407,of Official Records.
Reference is hereby made to said document for full particulars.
Matters contained in that certain document entitled "First Amendment to Master Development
Agreement" dated October 4, 2005, executed by and between City of Dublin, a municipal
corporation and Surplus Property Authority of the County of Alameda,a public coporation recorded
October 21,2005,Instrument No. 2005455434,of Official Records.
Reference is hereby made to said document for full particulars.
13. Matters contained in that certain document entitled"Agreement for the Mitigation of Development
Impacts Upon the School Facilities of The Dublin Unified School District" dated May 10, 2005,
executed by and between Alameda County Surplus Property Authority and The Dublin Unified School
District recorded October 18,2005,Instrument No. 2005448472,of Official Records.
Reference is hereby made to said document for full particulars.
14. Any rights of the parties in possession of a portion of,or all of,said land,which rights are not
disclosed by the public record.
This Company will require, for review, a full and complete copy of any unrecorded agreement,
contract, license and/or lease, together with all supplements, assignments and amendments
thereto,before issuing any policy of title insurance without excepting this item from coverage.The
Company reserves the right to except additional items and/or make additional requirements after
reviewing said documents.
5
CLTA Rreheinery Report Form-Modified(11/17/06)
ITEMS: (continued) Title No. 13-58205101-MG
Locate No.CACTI7701-7701-5582-0058205101
15. If extended coverage title insurance will be requested, or if this report has been issued to
facilitate a request for extended coverage title insurance, then the following would also be
exceptions to coverage:
Any easements,liens(induding but not limited to any Statutory Liens for labor or materials arising
from any on-going or recently completed works of improvement), encumbrances, facts, rights,
interest or claims which are not shown by the public records but which could be ascertained by an
inspection of the herein described land.
Any easements,liens(induding but not limited to any Statutory Liens for labor or materials arising
from any on-going or recently completed works of improvement), encumbrances, facts, rights,
interest or claims which are not shown by the public records but which could be ascertained by an
inspection of the herein described land.
Discrepancies,conflicts in boundary lines,shortages in area,encroachments or any other facts which
a correct survey of the herein described land would disclose which are not shown by the public
records and the requirement that said survey meets with the minimum standards for ALTA/ACSM
land title surveys.
END OF ITEMS
Note 1. The name(s)of the buyer(s)furnished with this application for Title Insurance is/are:
City of Dublin
If these names are incorrect, incomplete or misspelled,please notify the Company.
Note 2. There are NO deeds affecting said land, recorded within twenty-four(24) months of the date
of this report.
Note 3. If a county recorder,title insurance company,escrow company, real estate broker,real estate
agent or association provides a copy of a declaration, governing document or deed to any
person,California law requires that the document provided shall indude a statement regarding
any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may
be stamped on the first page of any document provided or included as a cover page attached
to the requested document. Should a party to this transaction request a copy of any document
reported herein that fits this category,the statement is to be included in the manner described.
iI
6
CLTA Preltninary Report Form-Modified(11/17/06)
NOTES: (continued) Title No. 13-58205101-MG
Locate No.CACT17701-7701-5582-0058205101
Note 4. Wiring instructions for Chicago Title Company,Oakland,CA,are as follows:
Receiving Bank: Wells Fargo
707 Wilshire Blvd., 13th Floor
Los Angeles,CA 90017
ABA Routing No.: 121000248
Credit Account Name: Chicago Title Company-Oakland
1 Kaiser Plaza,Suite 745,Oakland,CA 94612
Credit Account No.: 4121555106
Escrow No.: 13-58205101-LE
These wiring instructions are for this specific transaction involving the Title Department of the
Concord office of Chicago Tide Company.These instructions therefore should not be used in
other transactions without first verifying the information with our accounting department.It is
imperative that the wire text be exactly as indicated.Any extraneous information may cause
unnecessary delays in confirming the receipt of funds.
Note 5. Any documents being executed in conjunction with this transaction must be signed in the
presence of an authorized Company employee, an authorized employee of an agent, an
authorized employee of the insured lender,or by using Bancsery or otter approved third-party
service. If the above requirements cannot be met, please call the company at the number
provided in this report.
END OF NOTES
7
CLTA Perry Report Form-Modified(11/17106)
ATTACHMENT ONE
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY(6-1-87)EXCLUSIONS
In addition to the Exceptions in Schedule B,you are not insured 3. Title Risks
against loss,costs,attorneys'fees,and expenses resulting front E that are created,allowed,or agreed to by you
1. Govern manta police power, and the existence or violation E that are known to you, but not to us, on the Policy
of any law or government regulation.This indudes building Date-unless they appeared in the public records
and zoning ordinances and also laws and regulations E that result in no loss to you
concerning: E that first affect your title after the Policy Date-this does
E land use not limit the labor and material lien coverage in Item 8 of
E improvements on the laid Covered Title Risks
E land division 4. Failure to pay value for your title.
E environmental protection 5. Lads of a right:
This exclusion does not apply to violations or the E to any laid outside the area spedficaly described and
enforcement of these matters which appea in the public referred to in Item 3 of Schedule
records at policy date. or
This exclusion does not Ii nit the zoning coverage described E in streets,alleys,or waterways that touch your laid
in Items 12 a d 13 of Covered Title Risks, This exdusion does not limit the access coverage in Item 5
2. The right to take the laid by condermi ng it,urtle s of Covered Title Risks.
E a notice of exercising the right appears in the public
records on the Policy Date
E the taking happened prior to the Policy Date and is
binding on you if you bought the land without knowledge
of the taking
In addition to the Exclusions,you are not insured against loss, 3. Any facts about the laid which a correct survey would
costs,attomeys'fees,and the expenses resulting front discl ose and which are not shown by the public records.This
1. Any rights,interests,or darnsof parties in possession of the does not limit the forced removal coverage in Item 12 of
land not shown by the public records. Covered Title Risks.
2. Any easements or liens not shown by the public records. 4. Any water rights or dams or title to water in or under the
This does not limit the lien coverage in Item 8 of Covered laid,whether or not shown by the public records.
Title Risks.
Attachment One(7/28/10)
ATTACHMENT ONE
(CONTINUED)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
Thefollowing matters Ere ecpressly excluded from the coverage (a)whether or not recorded in the public records at Date of
of this icy and the Corrpary will not pay loss or damage, R lacy, but created, suffered, assumed or agreed to by the
costs` feesa eocpenseswhich arise by reason of: insured deli-rat
1. a)Any aw, ordnance a goveirxnantal regulation (b)not known to the Company, not recorded in the public
(including but not limited to biildinrigg and Zonng lams, records at Date of Policy,butknamto the insured dement
ordnaices, or regulations) resMding, regulating, and not dsdosed in writing to the Company by the insured
prohibiting or relating(I)the occupancy,use,or enjoyment claimant prior to the date the insured clamant became an
of the laid;(id)the c herecter,dmersions or loc ion of arty insured under this policy,
improvement now or hereafter erected on the laid; (iii)a (c)resulting in no Ices or dariepeto the insured damart;
seperaticn in ownership or a chaige in the dimensions or (d)attaching or creeted�su lent to Detect Policy;a
area of the laid a my parcel of which the land is a was a (e))resulting in loss or which would not have been
violation of environmental these lams, adinaices' or effect
overnmental insured mortgage or for the stabs or interim mated by thus
rree�pulaticns, accept to the extent that a notice of the policy.
enforcement thereof or a notice of a deef�eectt, lien a 4. nenforceebility of the lien of the insuredmiatgegebeccyause
affect' the laid has been arecorrded in or the dpublic records at the inability inability or fdlure of my subsequent of of 'the
Date of Policy. indebtedness,to oorrply with the applicable doing business
(b)Any govemmenta police power not excluded by (a) laws of the state in wwfhiiich the laid is situated.
above, except to the extent that a notice of the exadse 5. Invalidity or unerrforceability of the lien of the insured
thereof a a notice ofa defect,lien or ericunbraceresulting morigsge, or claim thereof, which wises out of the
fran a violation or aleged violation affecting the laid has traisacbon evidenced by the snared • •=and is based
bean recorded in the public records at Date of Policy. upon usury or my consumer credit • • :«Ion or truth in
2. Rights of eminent domain unless notice of the exerdse lending law.
thereof has been recorded in the public records at Date of 6. Any dam,which MKS out of the transaction vesting in the
Fblicy, but not educing from coverage my biking which insured the estate or interest hissed by this policy or the
hasoccurred priato Date of Policy whichwould bebiridng trasaction creating the interest of the insured lender, by
on the rights of a purchaser for vane without knowledge. reason of the operation of fedora baikruptcy, state
3. Defects, liens, encumbraices, adverse dams, or other insolvency or simile creditors'rights laws.
matters
SCHEDULE B,PART I
EXCEPT!ONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs, attorneys'fees or expenses)which arise by
reason of:
PART I
1. Taxes or assessments which are not shown as eidsting liens 4. Disc repaides,conflicts in boundary lines,shortage in sea,
by the records of my taring authority that levies taxes or encroachments, or my other facts which a correct survey
assessments on reel property or by the public records. would disclose, and which are not shown by the public
Proceed by a public which may result in taxes or records.
assessrrherh or notices o�proceedngs,whether or not 5. (a)Unpetented mining dams(b)reservetionsor exceptions
wn
sho by the records of such agency or by the public in patents or in Acts authorizlrig the issuance thereof; (c)
records. weer rights, dams or title to water, whether or not the
2. Any facts,rights,interests or del mswhich ere not shown by matters under (a), (b), or (c) are shown by the
the public records but which could be ascertained by ai public
inspection of the laid a which may be asserted by persons 6. Any lien or right to a lien for services,labor or metaled not
in possession thereof. shown by the public records.
3. Easemients, liens or encumbrances, or dams thereof, not
shown by the public records.
Attw.J U,.ent One(7126110)
ATTACHMENT ONE
(CONTI NUED)
FORMERLY AM ERI CAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92)
WITH A.L.T.A.ENDORSEMENT-FORM 1 COVERAGE
EXCLUSI ONS FROM COVERAGE
The foil owing matters are acpressly excluded from the coverage Tabor or material or to the extent insurance is afforded herein
of this policy and the Conrpany will not pay loss or damage, as to assessments for street improvements under
costs,attorneys'fees or expenses which arse by reason 01: construction or coned at Date of Policy);or
1. (a)Any law, ordinance or governmental regulation (e)resulting in loss or damege which would not have been
(including but not United to building and zoning lags, sustained if the insured demerit had pad value for the
ordinances, or regulations) restricting, regulating, insured mortgage.
prohibiting or relating to (i)the occupancy, use, or 4. Unenforceebilityof the lienof the insured m�orttggag�eebecause
enjoyment of the laid; (ii)the character, dimensions or of the inability or failure of the insured at Date of Policy,or
location of my F provement now or hereafter erected on the the inability or failure of my subsequent owner of the
laid; (iii)a separation in ownership or a ch ge in the indebtedness,to comply with appl'cab!edoing business lams
dimensions or area of the laid or my cal of which the of the state in which the land is situated.
land is or was a part;or(iv)envi protection,or the 5. Invalidity or unenforceebility of the lien of the insured
Effect of my violation of these laws, ordinances or rortgage; or clam thereof, which aises out of the
governmental regulations,except to the extent that a notice tra section evidenced by the insured rrortgage and is based
of the enforcement thereof or a notice of a defect, lien or upon usury or any comma* credit protection or truth in
encumbrance resulting from a violation or al Ived violation lending law.
affecting the laid has been recorded in the ptklic records at 6. Any statutory lien for services, labor or materials (or the
Date of Policy. dam of priority of my statutory lien for services, labor or
(b)Any governmental police per not excluded by (a) materials over the lien of the insured rnortgege)arising from
Move, accept to the extent that a notice of the acerdse an improvement or work related to the lend which is
thereof or a notice of adefed,lien or encumbrance resulting contracted for and commenced subsequent to Dated POI icy
from a vitiation or alleged vitiation affecting the land has and is not financed in whole or in part by proceeds of the
been recorded in the public records at Date of Policy. indebtedness secured by the insured mortgage which at Date
2. Rights of eminent dorrnan unless notice of the acerdse of Policy the insured has advanced or is obligated to
thereof has been recorded in the public records at Date of advance.
Policy, but not educing from coverage my taking which 7. Any dam,which arises out of the transaction creating the
hasoccurred prior to Date of Policy which would bebindi ng interest of the mortgageeinsured by this policy,by reason of
on the rights of a purchaser for value without knowledge. the operation of federal bankruptcy, state insolvency, or
3. Defects, liens, encumbrances, adverse dams, or other similar c rectitorr rights laws,that is based on:
matters (i) the transaction cresting the interest of the insured
(a)created, suffered, assumed or weed to by the insured mat being deemed a fraudulent conveyance or
dement; fraidulent transfer;or
(b)not known to the Company, not recorded in the public (ii)the subordi nation of the interest of the insured
recorded Date of Policy,but known to the insured clamant as a result of the application of the doctrine of eq
and not disclosed in wnting to the Company by the insured subordination;or
damant prior to the date the insured dement became an (iii) the transaction creating the interest of the insured
insured under this icy; mortgagee being deemed a preferential transfer accept
(c �resulting in no or damage to the insured dement; where the prefererntial transfer results from the falue:
d)attaching or created subsequent to Dated Policy(accept (a)to timely record the instrument of transfer;or
to the extent that this policy insures the priority of the lien of (b)of such recordation to impart notice to a purchaser for
the insured mortgage over any statutory lien for services, value or a judgement or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exd unions from Coverage,the Exceptions from Covatge in a Standard Coverage poi icy will also include the
following Exceptions from Coverages
EXCEPTIONS FROM COVERAGE
This policy does not insure aganst loss or dansge(end the Company will not pay costs, attorneys'fees or acpenses)which arise by
reason of:
1. Taxes or as mints which we not shown es adding liens 4. Discrepancies,conflicts in boundary lines,shortage in area,
� rie$ i�tetbic � aent n eits onreed popyor y hpulic recor would disclose, and w c wenotsho by the public
sutvey
Proceed by a public egency which may result in taxes or records.
assessrnnein or notices of such proceedings,whether or not 5. (a)Unpatented mining darn(b)reservationsor exceptions
shown by the records of such agency or by the public in patents or in Acts authorizing the issuance thereof; (c)
records water rights, dams or title to water, whether or not the
2. Any facts,rights,interests or damswhich are not shown by matters accepted under(a),(b)or(c)0-e shown by the public
the public records but which could be ascertained by an records.
inspection of the land or which may be asserted by persons 6. Any lien or right to a lien for services,labor or material not
in possession thereof. shown by the public records
3. Easements, liens or encumbrances, or dams thereof, not
shown by the public records.
Attadment One(7/26/10)
ATTACHMENT ONE
(CONTI NUED)
2006 AMERICAN LAND TITLE ASSOCIATI ON LOAN POLICY(06-17-06)
EXCLUSI ONS FROM COVERAGE
Thefdloweng mettersareexpreasiy excluded from the coverege c resulting in no ices or dama0eto the Insured Clone!, nt;
of this policy,and the Company will not pay loss or damage, d)attaching a created to Date olicy
costs,attameye fees,or exposes that arise by reeion of: however, this does not�tor limit the coverage
1. (a)Any law,ordan
nce;permit,or governmental regulation provided under Covered Risk 11,13,or 14);or
(including those relating to builcting and coning)restricting, (e)resulting in Ices or dartUe that would not have been
regulating,prohibiting,or rafting to sustained if the Faired Claimant had paid value for the
(i) theoccx�parxy,use,or enjoyment of the Laid; Insured Mortgage.
ii ) the dierader, dimensions, or location of my 4. Unenforceability of the lien of the Insured M• •-
i erected on the Land; because of the inability a failure of en Insured to .• • y
(iii the subdivision of laid;or with applicable doing bi. nass laws of the state where he
(iv environmental protection; Land is situated.
a the effect of my violation of these laws, ordinances, or 5. Invalidity or unenforceabelity in whole or in pat of the lien
governmental regulations This Exclusion 1(a) does not of the Insured Mortgage that arises out of the transaction
modify or limit the coverage provided under Covered evidenced by the Insured Mortgege and is based upon usury
Risk 5. or any oonsurmer credit protection or truth-in-lend Iay.
(b)Any. goverruruerrtal police power. This Exclusion 1(b) 6. Any dam,by reason of the operation of federal ,
■ does not modify or limit the coverage provided under state insolvency, or similar d�tors' rights laws, that the
Covered Risk 6. transaction cresting the lien of the!rated Mort ,is
2. Rights of eminent domain.This Exdusion does not modify a afraxLient conveyance a fraudulent transfer,a
or limit the coverage provided under Covered Risk 7 a 8. b�a preferential transfer fa cry reason not stated in
3. Defects, liens, a cuTtra�ces, adverse dams, or other Risk 13(b)of this policy.
matters 7. Any lien on the Title for reel estate tares or assessments
(a)crested,suffered,assumed, or agreed to by the I nsured imposed by governmental authority and created or attaching
C(airnant; between Date of Policy and the date of recording of the
((b)not Known to the Corrpaiy, not recorded in the Public Insured Mortgg��e in the Public Records. This Exclusion
Records at Date of Policy, but Known to the Insured does not modify or limit the coverage provided under
Clamant and not disclosed in writing to the Coniperiy by the Covered Risk 11(b).
Insured Claimant prior to the date the Insured Clamant
became ai Insured under this policy;
The above policy form may be issued to afford either Staidad Coverage or Extended Coverage.
I n addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Sta dad Coverage policy will also include the
fdIowing Exceptions from Coverages
EXCEPTIONS FROM COVERAGE
This policy does not insure against Ices or dariage(aid the Corrpaiy will not pay cogs, attomeys' fees or acpenses) that arise by
reason of:
1. (a)Tensor assessmentsthat are not shown as existing liens 4. Any encroachment, encumbrance, vidation, variation, or
asaee meats reel •�= the Publics Records; disclosed by an accurate and�comtplate laid survey of the
(b)proceedings by a • • is agency that msy result in taxes Land and not shown by the Public Records.
or assessments,or notices of such proceedings,whether or 5. (a)Unpatetited mining dams(b)reservations or exceptions
not shown by the records of such agency or by the Public in patents or in Acts authorizing the issuance thereof; (c)
Records water rights, dams or title to water, whether or not the
2. Any facts,ri.1 '- interests,or daims that are not shown by rmatters accepted under (a), (b), or (c) ale shown by the
the Public -••• but that could be ascertained by an Public Records
ins ec tion of the Lend or that may be asserted by persons in 6. Any lien or right to a lien for services,labor or materiel not
possession of the Land. shown by the Public Records.
3. E liens or e cu mbrances, or dams thereof, not
shown by the Public Records.
Attachment One(7/28/10)
ATTACHMENT ONE
(CONTI NUED)
FORMERLY AM ERI CAN LAND TI TLE ASSOCIATI ON OWNER'S POLICY(10-17-92)
EXCLU9IONSFROM COVERAGE
The fdlowing matters Ere expressly excluded from the coverage 3. Defects, liens, encu trances, adverse dairrs, or other
of this policy and the Company will not pay loss or damage, matters
costs,attomeys'fees or expenses which arise by reason of: (a)created, suffered, assumed or agreed to by the insured
1. (a)Any law, ordinance or governmental regulation damant;
(including but not limited to building and zoning lams, (b)not known to the Company, not recorded in the public
ordinates, or regulations) restncting, regulating, records at Date of Policy,but known to the insured deimant
prohibiting or relating to (I)the occupancy, use, or and not disclosed in wnting to the Corrpay by the insured
enjoyment of the laid; (ii)the dealer, dimensions or daimant prior to the date the insured daiment became an
location of any i rrprover ant now or hereafter erected on the insured under this policy,
laid; (iii)a separation in ownership cc a charge in the c resulting in no toes or damegetot the insured daiment;
dimensions cc area of the laid or ay paw of which the (d)attaching a c reefed subsequent to Date of Policy,a
laid is or was a part or(iv)environmental protection,or the (e)resulting in loss or dame which would not have been
effect of ay violation of these laws, ordinates or sustained if theinsired daimannt had pad Val ue for theestate
govemrrertal regulations,accept to the edertt that a notice or interest insured by this policy.
of the enforcement thereof or a notice of a defect, lien a 4. Any darn,which arses out of the tray ion vesting in the
encumbrance resting from a violation or alleged vidadon insured the estate or interest haired by this policy,by reason
effecting affectirgthe laid has been recorded in the public records at of the operation of federal bankruptcy, stets insolvency, or
Dabs of Policy. similar creditor rights laws,that is based on:
(b)Any governmental police power not excluded by (a) (i) the tra sec.•tion creating the estate or interest insured by
above; except to the extent that a notice of the exercise this policy being deemed a fraudulent conveyance cr
thereof or a notice of a defect,lien or a currbrax a resulting fraudulent transfer;or
from a violation or alleged violation affecting the laid has (ii)the transaction creating the Mate a interest insured by
been recorded in the public records at Date of Policy. this policy being deemed a preferential transfer except where
2. Rights of eminent domain unless notice of the exercise the prefere tial transfer results from the fai!we
thereof has been recorded in the public records at Date of (a)to timely record the instrument of transfer;cc
Policy, but not acdudinng from coverage ay taking which (b)of such recordation to invert notice to a purchaser for
hasocxurred prior to Date of Policy which would be binding value or a judgement or lien creditor.
on the rights of a purchaser for value without knowledge
The above policy form may be issued to afford ether Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage pol icy wi II also include the
fdlowing Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss cc dame(aid the Company will not pay costs, attorneys'fees or expenses)which aise by
reason of:
1. Taxes or assessmaits which are not shown as existing liens 4. Disaepandes,conflicts in boundary lines,shortage in area
by the records of ay taxing authority that levies taxes a encroachments, or ay other facts which a correct survey
assessments on reel property or by the public records. would disclose, and which are not in by the public
Proceedings by a public Egad y which may result in taxes or record&
asseasrments,a notices of such proceedings,whether a not 5. (a)Unpatented mining dams~(b)reservations orecoeptions
town by the records of such agency or by the public in patents or in Acts authoriang the issuance thereof; (c)
records. water rights, dams or title to water, whether cc not the
2. Any facts,rights,interests or claims which are not shown by mattes accepted under(a),(b)or(c)are shown by the public
the public records but which could be ascertained by an records.
inspection of the land or which may be asserted by persons 6. Any lien or right to a lien for services,labor or material not
3. iE_naseriarts, liehnss oar encurnbra-i es, a claims thereof, not shnown by the public records
shown by the public records.
Attar meat One(7/28/10)
I
ATTACH M ENT ONE
(CONTINUED)
2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(06-17-06)
EXCLUS ONS FROM COVERAGE
Thefdlowing matersare expressly e cduded torn the coverage `b)not Known to the Compay, not recorded
Known to the Insured
of this policy, and the Company will not pay lose or damage, Records at Date of Policy, to the
costs,attorneys;fees,or acpenses that also by reason of: Claimant and not disclosed in writing Company by
1. a)Any Iaw,ordinate,pemit,or govenmental regulation Insured Clamant prior to the date the Insured Claimant
(including those relating to building and zoning)restricting, became an Insured under this policy;
regulating,prohibiting,or relating to c)resulting in no lass or damage to the I nsured Cl n e*
(i) theoccupency,use,or enjoyment of the Land; d)attad�ing a seated to Date of Rdicy
ii) the character, dirnensons, or location of any however, this does not or limit the coverage
improvement erected on the Laid; provided under Covered Risk 9 aid 10);or
(iii)the subdivision of laid;or (e)resulting in loss or dame that would not have been
(iv) environmental protection; sustained if the Insured Claimant had paid value for the
or the effect of ay violation of these lams, ordinances, or Title.
governmental regulations This Exclusion 1(a) does not 4. Any dam,by reason of the operation of federal bankruptcy,
modify or limit the coverage provided under Covered state insolvency, or simile cxeditorg rights lays, that the
Risk 5. transaction vesting the Title as shown in WI. eduieA,is
(b)Any goverxnenta police power. This Exclusion 1(b) a a fraudulent conveyance or frax�lent transfer,,or
does not modify or limit the coverage provided under (b)a preferential transfer for any reason not stated in
Covered Risk 6. Covered Risk 9 of this policy.
2. Rights of eminent darnel n.This Exclusion does not modify 5. Any lien on the Title for reel estate taxes or arse meats
or limit the coverage provided under Covered Fisk 7 or 8. imposed by governmental authority and created or attaching
3. Defects, liens, exxrrbrances, adverse dams, or other between Date of Policy aid the deteof recording of the deed
maters or other instrument of transfer in the Public Records that
(a)seated,suffered, assured, or agreed to by the Insured vests Title as shown in Schedule A.
Clamant;
The above policy form may be issued to afford ether Standad Coverege or Extended Coverage.
I n addition to the above Exdusions from Coverage,the Exceptions from Coverage in a Staidad Coverage policy will also include the
following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or daTrge(aid the Company will not pay costs, attorneys' fees or expenses) that also by
reason of:
1. (a)Taxes or assessments that are not shown as editing liens 4. Any eicroactxnent, a cuntrance, vidation, variation, or
by the records of ay taxing authority that levies taxes or adverse dreumsta>ce affecting the Title that would be
assessments on reel property or by the Public Records; (b) disclosed by an accurate and complete la survey of the
proceeds by a public c agen y that may resit in taxes or Laid and not shown by the Public Records.id
assessment or notices of such proceedings,whether or not 5. (a)Unpatented mining dams(b)reservationsor exceptions
shown by the records of such agency or by the Public in patents or in Acts athoriarg the issuance thereof; (c)
Records water rights, dams or title to water, whether or not the
2. Any facts,rights,interests,or dams that as not shown by matters accepted under (a), (b), or (c) ale shown by the
the Public Records but that could be ascertained by an Public Records
inspection of the Laid or that may be asserted by persons in 6. Any lien or right to a lien for services,labor or meteid not
possession of the Laid. shown by the Public Records.
3. E liens or enccrribrances, or dams thereof, not
shown by the Public Records.
Attachment One(7/29/10)
ATTACHMENT ONE
(CONTINUED)
CLTA H OM EOWNER'S POLICY OF TITLE INSURANCE 10-22-03
ALTA HOMEOWNER'SPOLICY OF TITLE INSURANCE(10.22-03)
EXCLUSIONS
In addition to the Exceptions in Schedule B,You are not insured against Ions,costs,attomeys'fees,and acpenses resulting front
1. Governmental police power, and the edstence or violation b. the taking happened before the Policy Date and is
of any lam or government regulation. This includes binding on You if You bought theLaid without Knowing
ordinances,lays and regulations conce ring: of thetalcing.
a building 4. Risks
b. zoning a that are created,allowed,or agreed to by You, whether
c. Laid use or not they appear in the Public Records;
d. improvements on Laid b. that are Known to You at the Policy Date,but not to Us,
a Land dvision unless they appear in the Public Records et the Policy
f. environmental Data
This Exclusion does not apply to violations or the enforcernent c. that result in no loss to You or
of thew matte's if notice of the vidationor errforcement appeas d. that first occur after the Policy Date-this does not limit
in the Public Records at the Policy Date. the coverage described in Covered Risk 7,8.d,22,23,24
This Exdu.sion does not limit the coverage described in or 25.
Covered Rick 14, 15, 16, 17 or 24. 5. Failure to i value for Your Title.
Your 2. The failure of Yo edsting structures,or any part of them, 6. Lads of a right:
to be constructed in accordance with applicable building a to ary Land outside the aee spedfically described and
codes. This Exclusion does not apply to vitiations of referred to in paalraph 3 of Schedule A;and
buildingeodesifnoticeoftheviolation mows in the Public b. in streets,alleys,or waterway that touch the Laid.
Records Et the Policy Date. This Exclusion does not limit the coverage described in
3. The right to take the Lard by condemning it,unless Covered Risk 11 or 18.
a notice of exercising the right appears in the Public
Records at the Policy Date;or
LIMITATIONSON COVERED RISKS
Your i nsura ce for the following Covered Risks is I i mited on the Owner's Coverage Statement
Es fdlows
E For Covered Risk 14, 15, 16 and 18,Your Deductible Amount and Our Maximum Dollar
Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A Ee as fat lows
Your Deductible Amount Our Maximum
Dollar Limit of
Liability
Covered Risk 14: 1_00%of Policy Amount $10.000.00
or
00
$ �icxver is less)
Covered Risk 15: of of Policy Amount $25.000.00
or
$5.000.00
(whichever is less)
Covered Risk 16: 1.00%of Policy Amount $25,000.00
or
$5,000.00
(whichever is less)
Covered Risk 18: 1_00%of Policy Amount $5,000.00
or
$2.500.00
(whichever is less)
Attactrna t Or (7/28/10)
ATTACHMENT ONE
(CONTINUED)
CLTA HOM EOWNER'S POLI CY OF TI TLE INSURANCE 02--03-10
ALTA HOMEOWNER'SPOLICY OF TITLE INSURANCE(02- 03.10)
EXCLUSIONS
In addition to the Exceptions in Schedule B,You we not insured ISO nst loss,costs,attorneys fees,and expenses resulting front
1. Governmental police power,and the adste ce or violation b. that we Known to You at the Fblicy Date,but not to Us,
of those portions of any lams or government regulation unless they we recorded in the Public Records at the
concerning. Policy Data
a building; a that result in no loss to Vac or
b. Ming; d. that first occur after the Wlicy Date-this does not limit
c. land use; the coverage described in Covered Risk 7, 8.e.,25,26,
d. improvements on the Laid; 27 or 28.
a landdlvision;and 5. Failure to value for Vox Title.
f. environmental protection. 6. Lads of a right
This Exclusion does not lint the coverage described in a to any laid outside the a-ea specifically described and
Covered Risk&a,14,15,16,18,19,20,23 or 27. referred to in paragraph 3 of SciieduleA;and
2. The failure of Your existing structures,or any pat of thorn, b. in streets,alleys,or wataways that touch the Laid.
to be constructed in acoordence with applicable building This Exclusion does not limit coverage described in
codes.This Exd usi on does not Unit the coverage described Covered Risk 11 or 21.
in Covered Risk 14 or 15. 7. The transfer of the Title to You is invalid as a preferential
3. The right to take the Land by condemning it.This Exclusion transfer or as a fraudulent transfer or conveyance under
does not limit the coveragedescribed in Covered Risk 17. federal bankruptcy, state insolvency, or sinila creditors
4. Risks rights laws.
a that are created,allowed,or agreed to by You,whether
or not they we recorded in the Public Records;
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement
as follows
E For Covered Risk 16, 18, 19 and 21,Your Deductible Amount and Our Maximum Della
Limit of Liability shown in Schedule A.
The deductible amounts and m®cimum dollar limits shown on ScheduleA are es follows
Your Deductible Amount Our : m
P. ii
Covered Risk 16: 1. /o of Policy Amount $10.000.00
�n in ScheduieA
or
$ 500.00
( iwFi chever is less)
Covered Risk 18: 1_0096 of Policy Amount $25.000.00
Shown in ScheduleA
or
$(w hc suer is less)
Covered Risk 19: 1_00%of Policy Amount $25.000.00
Shown in ScheduieA
or
$5.000.00
(whichever is less)
Covered Fisk 21: 1.00%of Policy Amount $5.000.00
Shown in ScheduieA
or
$itgirever is less)
Attachment One(7!2(3110)
ATTACHMENT ONE
(CONTI NUED)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(10/13/01)
EXCLUSIONS FROM COVERAGE
The fdlowing matters are expressly aid uded from the coverage Covered Risks 8, 16, 18, 19,20,21,22,23,24,25 and 26);
of this policy and the Company will not pay loss or damage, or
costs,attorneys' fees or expenses which aim by reason of: (e)resulting in loss or damage which would not have been
1. (a)Any law, ordinance or governments regulation sustained if the Insured Clarriait had pad vane for the
(including g but not limited to zoning Taws, ordinaries, or Insured Mortgage.
regulations)restricting,regulating,prohibiting or relating to 4. Unenforcesbiility of the lien of the Insured Mortgage
(i)the occupancy, use, or enjoyment of the Land; (ii)the because of the inability or falure of the Insured et Date of
character,di mensionsorlocstionof any improvements now Fblicy,or the inability orfalureof ny subsequent owner of
or hereafter erected on the Laid; (iii)a separation in the indebtedness,to comply with applicable doing business
ownershipor ac harge in the dimensionsor areas of the Lad laws of the state in which the Laid is situated.
or ay pacel of which the Laid is or was a pert; or 5. Invalidity or unenforceebility of the lien of the Insured
(iv)environmental protection,or the effect of ay vitiation Mortgage, or dam thereof, which arises out of the
of these laws, ordinatoes or governments regulation%, transaction evidenced by the Insured Mortgage and is based
except to the extent that a notice of the enforcement thereof upon usury,except as provided in Covered Risk 27,or ay
or a notice of adefect,lien or ehcurrt rax;e resulting from a consumer credit protection or truth in lending law.
violation or aimed violation affecting the Lad has been 6. Reel property taxes or essessmertts of any governmental
recorded in the Public Records s Date of Policy. This authority which become a lien on the Laid subsequent to
exclusion does not limit the coverage provided under Date of Policy.This exclusion does not limit the coverage
Covered Risks 12, 13, 14,ad 16 of this policy. provided under Covered Risks 7,8(e)aid 26.
(b)Any governmental police power not excluded by(a) 7. Any damof invalidity, unenforceability or lads of priority
above, except to the extent that a notice of the exercise of the lien of the !flared Mortgage as to advances or
thereof or a notice of adefect,lien or encumbrance resulting modifications made after the Insured has Knowledgethat the
from a vidation or alleged vitiation affecting the Lail has vestee shown in Schedule A is no longer the owner of the
been recorded in the Public Records at Date of Policy.This estate or interest covered by this policy.This exclusion does
exdusion does not Iimit the coverage provided under not limit the coverage provided in Covered Risk 8.
Covered Risks 12, 13, 14,ad 16 of this policy. 8. Lads of priority of the lien of the Insured Mortgage as to
2. Rights of eminent domain unless notice of the exercise each aid every advance made after Date of Policy, aid all
thereof has been recorded in the Public Records at Date of interest charged thereon,over liens,a cuntraic sa and other
Fol icy, but not occluding from coverage any taring which matters affecting the title,the existence of which are Known
has occurred prior to Date of Policy which would be bi ndi ng to the Insured at:
on the rights of a purchaser for value without Knowledge (a)The time of the advance;or
3. Defects, liens, ecumbraices, adverse dams or other (b)The time a modification is made to the toms of the
mattes Insured Mortgage which changes the rate of interest
(a)created, suffered, assumed or weed to by the Insured cha9ed, if the rate of interest is greeter as a result of the
Clamant; modification that it would have been before the
(b)not Known to the Company, not recorded in the Public modification. This exclusion does not limit the coverage
Records at Date of Policy, but Known to the Insured provided in Covered Risk 8.
Claimant and not disclosed in writing to the Company by the 9. Thefa l ureof the residential structure,or any portion thereof
Insured Claimant prior to the date the Insured Clamant to have been constructed before,on or after Date of Policy in
became an Insured under this policy; accordance with applicable building codes. This exdussion
c)resulting in no loss da Ege to the Insured Clamant; does not apply to violations of building codes if notice of the
(d)attaching or created subsequent to Date of Policy (this violation appears in the Public Records at Date of Policy.
paegraph does not limit the coverage provided under
Attachment One(7/28110)
ATTACH M ENT ONE
(CONTI NUED)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(07/26110)
EXCLUSIONS FROM COVERAGE
Thefollowing matters are ecprerlyaxc lude:I from the coverege Insured Mortg�e
of this policy and the Corrpary will not pay Ines or carnage, 4. UnenforceebIIity of the lien of the Insured M M. •-
casts,attorneys' fees or acpenses which arise by reason of: because of the inbility or failure of en Insured to •• • y
1. a)Any law,ordinaice,permit,or govemmenta regulation with applicable doing business laws of the state where -
(including those relating to building and zoning)restricting, Laid is atueted.
regulating,prohibiting,or relating to 5. Invalidity or unenforoeability in whole or in pat of the lien
(i) the occupa icy,use,or err oyment of the Land; of the Insured Mortgage that arises out of the traisac.�tion
i i ) the character, dimensions, or location of my evidenced by the Insured Mortgage and is based upon usury,
i erected on the Laid; or my consumer credit protection or truth•in-lending Iay.
(ui the subdivision of lend;or This Exclusion does not modify or limit the °overage
iv environmental protection; provided in Covered Risk 26.
or effect of any vidation of these laws,ordinances,or 6. Any dam of invalidity,a nenforceebility or lads of priority
governmental regulations.This Exclusion 1(a)does not of the lien of the Insured Mortgage as to Advances or
modify or limit the coverage provided unider Covered modifications made after the Insured hasKnavledgettial the
Risk 5,6,13(c), 13(d),14 or 16. vestee shown in ScheduleA is no longer the owner of the
(b)Any governmental police power. This Exdusion 1(b) estate or interest covered by this policy.This Exdusiondoes
does not modify or limit the coverage provided under not modify or limit the coverage provided in Covered
Covered Risk 5,6, 13(c),13(d), 14 or 16. Risic 11.
2. Rights of eninent domain.This Fxdusion does not modify 7. Any lien on the Title for reel estde taxes or assessments
or limit the coverage provided under Covered Risk 7 or 8. imposed by governmental authority ad created or attaching
3. Defects, liens, enaxnbra1ces, adverse dams, or other subsequent to Die of Policy. This Exclusion does not
matters modify or limit the coverege provided in Covered FBsk 11(b)
((a))created,suffered, assumed, or agreed to by the Insured or 25.
Clamant; 8. Thefalureof the residential structures or any portion of it,to
L)not Known to the Company, not recorded in the Public have been constructed before,on or after Date of Policy in
Records at Date of Fblicy, but Known to the Insured acoardance with applicable building codes.This Exclusion
Clamiant and not disclosed in writing to the Company by the does not modify or lirrit the coverage provided in Covered
Insured Clamant prior to the date the Insured Clamant Risk 5 or 6.
becamie an Inured under this policy; 9. Any dal m,by reason of the operation of federal bankruptcy,
rreacting in no loss or dame to the Insured Gamhait; state insolvency_ or simile creditors' rights laws, that the
attaching or created subeegyuerrt to Date of Policy transaction creating the lien of the l hared Mortgage;is
owever, this does not miodi or limit the aovar�e ((a))a ftaudulerht°onveyahoe'Tor trahsfer,or
provided under Covered Risk 11, 16, 17, 18, 19,18, 19,20,21,22, (b) a preflantia tranfer for ay reason not stated in
23,24,27 or 28);or Coovered Fisk 27(b)of this policy.
(e)resulting in loss or dative that would not have been
sustained if the Insured Clamant had pad value for the
Attadment One(7/28110)
(pdvacy)(05-08)
Page 1 of 2
Effective Date: 5/1/2008
Fidelity National Financial,Inc.
Privacy Statement
Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal
information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy
Statement explains FNFs privacy practices, including how we use the Personal Information we receive from you and from
other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy
Statement and,depending on the business performed, FNF companies may share information as described herein.
Personal Information Collected
We may collect Personal Information about you from the following sources:
• Information we receive from you on applications or other forms,such as your name,address,social security number,tax
identification number,asset information,and income information;
• Information we receive from you through our Internet websites, such as your name, address,email address, Internet
Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our
websites;
• Information about your transactions with or services performed by us, our affiliates, or others, such as information
concerning your policy, premiums, payment history, information about your home or other real property, information
from lenders and other third parties involved in such transaction,account balances,and credit card information;and
• Information we receive from consumer or other reporting agencies and publicly recorded documents.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from consumer or other credit reporting
agencies)to various individuals and companies,as permitted by law,without obtaining your prior authorization. Such laws
do not allow consumers to restrict these disclosures. Disclosures may include,without limitation,the following:
• To insurance agents, brokers, representatives,support organizations,or others to provide you with services you have
requested,and to enable us to detect or prevent criminal activity,fraud,material misrepresentation,or nondisclosure in
connection with an insurance transaction;
• To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or
payment and/or providing you with services you have requested;
• To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in
connection with a subpoena or a governmental investigation;
• To companies that perform marketing services on our behalf or to other financial institutions with which we have joint
marketing agreements and/or
• To lenders,lien holders,judgment creditors,or other parties daiming an encumbrance or an interest in title whose claim
or interest must be determined,settled,paid or released prior to a title or escrow closing.
We may also disclose your Personal Information to others when we believe,in good faith,that such disclosure is reasonably
necessary to comply with the law or to protect the safety of our customers,employees,or property and/or to comply with
a judicial proceeding,court order or legal process.
(PrivacY)
Page 2 of 2
Effective Date: 5/1/2008
Disclosure to Affiliated Companies-We are permitted by law to share your name,address and facts about your transaction
with other FNF companies,such as insurance companies,agents,and other real estate service providers to provide you with
services you have requested,for marketing or product development research,or to market products or services to you.We
do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others
without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law.
Disclosure to Nonaffiliated Third Parties-We do not disclose Personal Information about our customers or former customers
to nonaffiliated third parties,ecept as outlined herein or as otherwise permitted by law.
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that information to provide
products or services to you.We maintain physical,electronic,and procedural safeguards that comply with federal regulations
to guard Personal Information.
Access To Personal Information/
Requests for Correction,Amendment,or Deletion of Personal Information
As required by applicable law,we will afford you the right to access your Personal Information,under certain drcumstances
to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal
Information. However, FNFs current Policy is to maintain customers' Personal Information for no less than your state's
reauired record retention requirements for the purpose of handling future coverage claims.
For your protection,all requests made under this section must be in writing and must include your notarized signature to
establish your identity.Where permitted by law,we may charge a reasonable fee to cover the costs incurred in responding
to such requests. Please send requests to:
Chief Privacy Officer
Fidelity National Financial,Inc.
601 Riverside Avenue
Jacksonville,FL 32204
Changes to this Privacy Statement
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this
Privacy Statement,we will post a notice of such changes on our website.The effective date of this Privacy Statement,as
stated above, indicates the last time this Privacy Statement was revised or materially changed.
Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial,Inc.and its subsidiaries
("FNF') must deliver a notice of each discount available under our current rate filing along with the delivery of escrow
instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a
waiver of the consumer's right to be charged the filed rate.As such,your transaction may not qualify for the below discounts.
You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative.These
discounts are generally described below; consult the rate manual for a full description of the terms, conditions and
requirements for such discount These discounts only apply to transactions involving services rendered by the FNF Family
of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential
dwelling.
FNF Underwritten Title Comoanv FNF Underwriter
CTC-Chicago Title Company CTIC-Chicago Title Insurance Company
Available Discounts
CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON
SUBSEQUENT POLICIES(CTIC)
Where no major change in the title has occurred since the issuance of the original report or commitment,the order may be
reopened within 12 or 36 months and all or a portion of the charge previously paid for the report or commitment may be
credited on a subsequent policy charge.
FEE REDUCTION SETTLEMENT PROGRAM(CTC and CTIC)
Eligible customers shall receive a$20.00 reduction in their title and/or escrow fees charged by the Company for each eligible
transaction in accordance with the terms of the Final Judgments entered in The People of the Slate of California et al v.
fidelity Nationa/Ti1kInsurance Company et al.,Sacramento Superior Court Case No. 99AS02793,and related cases.
DISASTER LOANS(CTIC)
The charge for a Lender's Policy(Standard or Extended coverage)covering the financing or refinancing by an owner of record,
within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of
California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the
appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS(CTIC)
On properties used as a church or for charitable purposes within the scope of the normal activities of such entities,provided
said charge is normally the church's obligation the charge for an owner's policy shall be 50%or 70%of the appropriate title
insurance rate, depending on the type of coverage selected.The charge for a lender's policy shall be 32% or 50%of the
appropriate title insurance rate,depending on the type of coverage selected.
CA Discount Notice(notdisc-ct) Effective Date: 7/1/2010
ASSESSOR'S MAP 986 Co OsPna Plea MOM
j I/A, W P.M33Y5 wow j II 100 P.M.7 t moo
34 w.r r.,�e A P.M 1276 ama 7R 7525 swp w.
A PM7as ,wlo
i
• v i ARNOLD
NM •
� r�1'
8. •
`3
I
•1
e I NO1 r .Or <
I-
„'
2
mous Dare
8011-
off 101
r••,U. j Y n
•
y emir I HORSE maw M i
v ..- 1
I «o
0
r0
To Cos 1 , "el 0.-
J
0 ; ;0
a e 0
n V•
r
,off .,
-e °e
lie
Z 1
WMOL W1R 1
J
4 e a
o -0i
. Ispommt Tab pie Is Not s eery. It Is 6reNUrd as a
aauedenselsleatses lad IR rain IDEOM%*sok
.andr Mr MI NOT is porahsaq dieseslos.d . '
ifa j
. de k
a
Ma s Na ,lama Its . Len sow .
Dal rtpeian: Alameda,CR Assessor Kw - Poak.Pago 984.34 Page: 1 of 1
Coders 0 Comment:
i
i
I
Exhibit D
ENVIRONMENTAL REPORTS
000299.005513458717.3
R`11• t AKI K.NAKAO,Director
4 1401 LAKESIDE DRIVE,OAKLAND,CALIFORNIA 94612 510 208 9700 FAX 510 208 9711 www.acgov.org/gsa/
January 30, 2014
TO: Stuart Cook, Project Director,Surplus Property Authority
FROM: Rod Freitag, Environmental Program Manager, GSA-TSD
SUBJECT: SANTA RITA PROPERTY- ENVIRONMENTAL REPORTS FROM
GOVERNMENT SOURCES AND INVESTIGATIONS CONDUCTED BY
OTHERS
The fol lowing is a listing of the Santa Rita Property reports we have on fi le from government
sources and from due dil igence i nvestigations conducted by prospective purchasers:
• 47-Acre Surplus Property Parcel at Parks Reserve ForcesTraningArea, Dublin, California,
Prel iminary Aseeesrnent Screening; Environmental SdenceAssociates, Inc.; September,
1991. [ParcelsA, B& C]
• 40-Acre Surplus Parcel Preliminary Assessment Screening, Paks Reserve Forces Training
Area, Dublin, California VVbodwa d-Clyde Federal Servicesti February 3, 1994. [Parcels D-
1, D-2, E-1, E-2& 9
• Draft Environmental Impact Report, Dublin Transit Center; City of Dublin; July,2001.
• Prel imi nay Assessment, Pats Reserve Forces Training Area, Dublin, Cal ifornia;
V4bodwad-GydeFederal Services; May, 1994. [Transit Center]
• Phase I Environmental SiteAssmanent, Gleason Drive Property, Dublin, California Aqua
Science Engineers, Inc.; January 8, 1998. [Parcel 1]
• Draft Phase I Environmental SiteAssessment, Emerald Glen Pak, Dublin, California
Treadwel I & Rol l o; September 11, 1998. [Parcel 2]
• Phase I I SurfaceSoil Investigation, Emerald Glen Park Site, Dublin, California, Treadwell &
Rol l o; January 13, 1999. [Parcel 2]
• Phase I Environmental SiteAssesanent, Proposed Residential Development, Emerald Glen,
Dublin, California Terrasearch, Inc.; September 28, 1998. [Parcel 4]
• Phase I Environmental SiteAssessrnent, 15Acres, Northwest Side of 1-580 End Tassajaa
Road, Dublin, California; EnecoTech;August 29, 1997. [Parcel 5A]
• Preliminary Laboratory Analytical Results for Buried Debris, ....., Dublin, California;
Terrasearch, Inc.; October 5, 1999. [Parcel 5A]
Page
January 30, 2014
• Phew)I Environmental SteAssessrent, Kol I Dublin Corporate Center Property, Dublin
Blvd.aid Tassejaa Road, Dublin, California; CET Environmental Services, Inc.;April 14,
1998. [Parcel 5B]
• Phew l Environmental SiteAssessnent,Autonation USA, Dublin Boulevard Property,
Dublin, California Klei nfelder, Inc.; December 12, 1996. [Parcel 6]
• Phase I Environmental SiteAsseesnent aid Prel i mi nary Weetl a ids'Endangered Species
Information Review Report, Dublin Boulevard Property, Dublin, California; Kleinfelder,
Inc.; December 17, 1996. [Parcel 7]
• Environmental Services Report, Dublin Boulevard Property, Dublin, California; Klei nfelder,
Inc.; Mach 3, 1997. [Parcel 7]
• Phase I Preliminary Environmental SiteAssessrnent, California Creeks de Residential
Development, Dublin, California; LowneyAssociates; October 17, 1995. [Parcel 8]
• Soil aid Ground Water Quality Evaluation, California Creeksde Red dential Development,
Dublin, Cal ifomi a; Lowney Associ aces; December, 1995. [Paced 8]
• Phase I Environmental SiteAseessl ent, 12.3 Acre Property, Dublin Boulevad and Hacienda
Boulevard, Dublin, California; Pi nnacl a Environmental; Mach 17, 1997. [Patel 9]
• Phase I Environmental SiteAsseessrnent Report, Dublin Elementary School Site, Dublin,
California; Kid nfelder, Inc.; January 15, 1996. [Parcel 10]
• Interim Report, Rd i mi nay Environmental Site Survey, East Dublin Elementary School Site,
Dublin, California; BSK & Associates; December 16, 1997. [Parcel 10]
• Report of Phase I Environmental SiteAsesessment,Santa Rita Property, Central Parkway and
Hacienda, Dublin, California Law Engineering aid Environmental Services, Inc.; July 25,
1997. [Parcel 11A]
• Report of Phase I I Environmental SiteAsseeenent,Santa Rita Property, Central Parkway and
Hacienda Drive, Dublin,California; Law Engineering aid Environmental Services, Inc.;
September 22, 1997. [Panel 11A]
• Phase I Environmental SiteAssessnent on 62 Acre Parcel, Proposed Residential
Development-Summer Glen, Dublin, California; Terraeseach, Inc.; October 9, 1997. [Parcel
11B]
• Testing of Fill Soil, Hacienda Drive, Dublin, California Anderson Consulting Group;April
5, 1996. [Parcel 15B]
j
Pale
January 30, 2014
• Phase I and Phase I I Envi rorinental SteAssessment for Parcel 15,Salta Rita Property,
Dublin, California; Erler& Kalinowski, Inc.; Mach 7, 2000. [Parcel 15B]
• Results of Soil and Groundwater I nveetigetions aid Screening Humai Health Risk
Assessment for Properties Looted at Hacienda Drive and Dublin Boulevard in Dublin, CA;
Erler& Kal i nowski, Inc.; June 19, 1998. [Parcels D-1, D-2& 16]
• Magnetic Investigation on Panels F, 15A aid 16A at the Proposed Cisco Site 9, Dublin,
California J RAssocietes November 15,2000. [Parcels F, 15A and 16A]
• Phase I Environmental SiteAseesement and Soil end Ground Water Quality Evaluation,
Cisco Systems Ste 9, Dublin, California; LowneyAssociateg November 30,2000. [Panels
F, 15A aid 16A]
• Phase I Environmental SiteAssessrnent of Parcel B- Undeveloped Lot, Dublin Transit
Center, Dublin, California; Environ International Corporation; October 19, 2001. [Patel B]
• Phase I Environmental SiteAssessment of Parcel C-BART Surface Parking, Dublin Transit
Center, Dublin, California; Environ International Corporation; October 19, 2001. [Panel C]
• Preliminary Geotechni cal Investigation and Fault Hazard Evaluation, Oracle Dublin Canpus,
Dublin, California Harding ESE; January 31,2001. [Parcel D-2]
• Phase I and I I Environmental SiteAssessment, Dublin Transit Center Parcel D-2, Dublin,
California; Hording ESE; February 21,2001. [Panel D-2]
• Phase I Environmental SiteAssessrnent, Parcels E-1 aid E-2, Dublin Boulevard, Dublin,
California; Environmentel and Occupational Risk Management; February, 2001. [Parcels E-
1 and E-2]
• Phase I I Environmental SiteAssessment, Panels E-1 and E-2, Dublin Boulevard, Dublin,
California; Environmental and Occupational Risk Management; Februay, 2001. [Parcels E-
1 and E-2]
• Phase I Environmentel SiteAssesanent, SiteA-2 Dublin Transit Center, Dublin, CA;ACC
Environmental Consultants, Inc.; December 1, 2003. [Parcel A-2]
• Soil Sampling Report, Dublin Boulevard& DeMacusBoulevard, Dublin, CA;ACC
Environmental Consults ts, Inc.;January 30, 2004. [Parcel A-2]
• Report of F ndi ngs- Phase I Environmental SiteAssessrnent, Dublin Transit E-1 Site, Iron
Horse Parkway and Dublin Boulevard; Tetra Tech EM, Inc.; June 14,2005. [Patel E-1]
Page 4
January 30,2014
• Subsurface Investigation Report, Dublin Blvd. at Campbell Lane.; PSI; Sept.20,2007.
[Parcel A-1]
• Subsurface Investigation Report, Dublin Blvd. at Campbell Lane.; PSI; Sept.20, 2007.
[Pagel A-3]
• Phase I Environmental SiteAssessrient, Property at Southwest Corner of Dublin Boulevard
and Hacienda Drive, Dublin, California Kleinfelder, November 2,2011. [Parcel 16A]
• DRAFT- Limited Phase I I Environmental SiteAssessrneit Summery Letter, Property at
Southwest Corner of Dublin Boulevard and Hacienda Drive, Dublin, California; Kleinfelder,
November 23, 2011. [Parcel 16A]
• LS:oratory Analytical Oda for Soil,Soil Vapor, aid Groundwater Samples Collected From
BoringsAdvaced et the Sited Hacienda Drive aid Dublin Boulevad in Dublin, CA.Zone
7 Water Agency Permit#2011121; Kleinfelder; Janue y 13, 2012. [Parcel 16A]
• Phase I Environmental SiteAssessment, Parcel 16A,Southwest Corner of Dublin Boulevard
and Hacienda Drive, Dublin, CA 94568;Terraphase Engineering; September 12, 2012.
[Pagel 16A]
• Phase I I Environmental SiteAssesenent, Parcel 16A, Southwest Corner of Dublin Boulevard
aid Hacienda Drive, Dublin, CA 94568;TerephaseEngineering; September 12,2012.
{ [Parcel 16A]
• Phase I Environmental &teAneit, Dublin Transit SiteA-1, Dublin, CA; Engeo Inc.;
August 16, 2013. [Parcel A-1]
RDF:rdf:i: en\projechenv a-&\SertaRtaRtopertyReport List-Buyers'Inveatipatians1/30'14
Ct,
MCI K. NAKAO,Director
7, -...7 .'‘''
Mi 1401 LAKESIDE DRIVE,OAKLAND,CALIFORNIA 94612 510 208 9700 FAX 310 208 9711 www.acgov.org/gsa/
July 11,2007
TO: Pak Caetxnan, Project Director, Surplus Property Authority
FROM: Rod Freitag, Environmental Program Manager, GSA-TSD
SUBJECT: UPDATED LISTING OF SANTA RITA REPORTS
Following is a I i st of the"Environmental Reports" for GSA-TSD projects`
• Gregg& Associates, Inc.; Underground Storage Tank Management Ran; June, 1988.
• Gregg&Associates, Inc.; Underground Tank Removal and Site Remediation Report,Santa
Rita RehebiIitation Center et Old Boiler Plait,Tanks2942-1,2& 3; May 1988.
• ESE; Report of Stodcpi led Soil Sampling, UST 1, 2 aid 3 Ste,Santa Rita Correctional
Facility, Dublin, California December 7, 1993.
• ESE; Report of Stockpiled Soil Spreading and Disposal, UST 1,2, 3 Site, Santa Rita
Correctional Faci l ity, Dublin, California; June 20, 1994.
• ESE; SiteAssessrnerit Report,Alameda County UST 1,2, 3 Site,Santa Rita Correctional
Facility, Dublin, California; December 21, 1994.
• ESE; Quarterly Monitoring Report,Alameda County UST 1,2,3 Site, Santa Rita
Correctional Facility, Dublin, California; January 30, 1995.
• ESE; Quarterly Monitoring Report,Alaneda County UST 1, 2, 3 Site;Santa Rita
Correctional Facility, Dublin, California; Math 13, 1995.
• ESE; Quarterly Monitoring Report,Alaneda County UST 1, 2, 3 Sites Santa Rita
Correctional Faci l ity, Dublin, Cal ifomi a; June 19, 1995.
• ESE; Report of Additional SiteAssessment, UST 1, 2, 3 Site Santa Rita Correctional
Faci l ity, Dublin, California; February 1996.
• ESE; Closure Report for Underground Storage Tank(UST) numbers 2942-4,2942-4A and
2942-4B, Santa Rita Ja l, Dublin, California; July 20, 1992.
• ESE; Report of Stockpi l ed Soil Sampling,4th aid Madigan Sites Santa Rita Correctional
Facility, Dublin, California November 22, 1993.
• Versar, Inc.; Contaminant Modeling Using Sesoil for the 4th aid Madigan Ste, Santa Rita
Correctional Facility,Alameda County, California; December 28, 1993.
Page 2
July 11, 2007
• ESE; Spreading of Stockpiled Soil,4th and Madigan Site, Santa Rita Correctional Facility,
Dublin, California; June 26, 1995.
• Versa, Inc.; Subsurface I nvesti gati on Report,4th Street and Madigan Avenue on the Santa
Rita Property,Alameda County, California; October 23, 1995.
• ESE; Soil Sampling,4th and Madigan Site Santa Rita Correctional Facility, Dublin,
California; February 7, 1996.
• ESE; Closure Report for Underground Storage Tank(UST) number 2942-5, Santa Rita Jal,
Dublin California; July 20, 1992.
• Certified Environmental Consulting, Inc.; Santa Rita Tank Removals- USTs 2942-6, 7, 9&
10; December 11, 1990.
• Versar, Inc.; Installation of One Monitoring Wbl I and Performance of the First of Four
Quatersof Groundwater Monitoring, Santa Rita Property, Former Underground Storage
Tank#9 Site; July, 1994.
• Versa, Inc.; Second Quarter Groundwater Monitoring Report for the Former Underground
Storage Tank#9,Santa Rita Property, Santa Rita California November 29, 1994.
• Versa, Inc.; Third Quater Groundwater Monitoring Report for the Former Underground
Storage Tank#9,Santa Rita Property, Santa Rita California; February 27, 1995.
• Versa, Inc.; Fourth Quater Groundwater Monitoring Report for the Former Underground
Storage Tank#9,Santa Rita Property, Dublin, California Mach 30, 1995.
• Versa, Inc., Groundwater Monitoring Abandonment Report for Former Underground
Storage Tank#9 at the Santa Rita Property,Santa Rita California June 30, 1995.
• ESE; Closure Report for Underground Storage Tank(UST) Numbers 2942-11,2942-12 and
2942-12A, Santa Rita Jail, Dublin, California; .Daly 20, 1992.
• ESE;Vehicle Fueling Area, Old Graystone, Santa Rita Correctional Faa I ity, Dublin,
California; January 7, 1993.
• Report on Soil and Ground Water I nvesti gation at Old Graystone Fueling Facility, Santa Rita
Correctional Facility, Dublin, California; January 15, 1993.
• ESE; CorrectiveAction Report for Old Graystone Fuel ingArea,Santa Rita Correctional
Facility, Dublin,Alameda County, California Mach, 1993.
li
Page 3
July 11, 2007
• ESE; Report of Stockpiled Soil Confirmation Sampling, Old Graystone Fueling Area, Santa
Rita Correctional Facility, Dublin, California;August 9, 1993.
• Versar, Inc.; Final Contaminant Modeling using Sesoil for Old Graystone Fueling Area, Sarta
Rita Correctional Facility,Alameda County, California; January 6, 1994.
• ESE; SteAseessrnent Report, Old Graystone Fuel ingAres, Santa Rita Correctional Facility,
Dublin, California; February 21, 1994.
• ESE; Quaterl y Monitoring Report, First Quarter 1994,Old Graystone Fuel i ng Arai,Santa
Rita Correctional Facility, Dublin, California February 25, 1994.
• ESE; Quarterly Monitoring Report,Second Quarter 1994, Old Graystone Fueling Area, Santa
Rita Correctional Facility, Dublin, California; July 12, 1994.
• ESE; Quarterly Monitoring Report,Third Quarter 1994, Old Graystone Fueling Ares,Santa
Rita Correctional Facility, Dublin, California; September 8, 1994.
• ESE; Report of Limited Cleanup at Four Sites, Santa Rita Correctional Facility, Dublin,
California; March 3, 1995.
• ESE; Report of SiteActivities, Old Graystone Fueling Area,Salta Rita Correctional Faci l ity,
Dublin, California; June 15, 1995.
• ESE; Closure Report for Underground Storage Tank(UST) numbers 2942-18 and 2942-19;
Salta Rita Jail, Dublin California; July 20, 1992.
• ESE;Additional Clarification Concerning Activities Performed at the UST 18& 19 Site,
Santa Rita Correctional Facility, Dublin, California June26, 1995.
• ESE; Report of Stockpiled Soil Sampling, UST 18& 19 Site; Santa Rita Correctional
Facility, Dublin, California July 11, 1995.
• Versar, Inc.; Disposal of Stockpiled Soil, Santa Rita Correctional Facility Site, Dublin,
California; September 12, 1995.
• ESE; Report of SiteActivities, UST 18& 19 Sites Santa Rita Correctional Facility, Dublin,
California; December 4, 1995.
• Envi ropur VVest; Non-PCB Containing Transformer Oil Spi l l Cleanup; November 1994.
• Versa, Inc.;Asbestos Survey and Engineering Cost Estimate for the County of Alameda,
Santa Rita Property, Dublin, California; December 10, 1993.
Page
July 11, 2007
• Versa, Inc.; Phase I Environmental SiteAssessment, County of Alameda,Santa Rita
Property; January 11, 1994.
• ESE; Report of Limited Excavation and Disposal, Northwest of Former Boiler Room, UST
18& 19 Site,Santa Rita Correctional Facility, Dublin, California; November 29, 1995.
• Versa, Inc.; Project Oversight for Hazardous Waste Removal Services, County of Alameda,
Former Santa Rita Hospital Facility; November 17, 1995.
• Versa, Inc.; Summary of Soil Sampling Procedure and Analytical Results[Santa Rita
Greenhouse];April 29, 1996.
• Versa, Inc.; Summary of Soil Sampling Procedure and Analytical Results[Santa Rita
Greenhouse]; May 22, 1996.
• Versa, Inc.; Limited Subsurtace Investigation Conducted at the Santa Rita Property[ Former
Evans Brothers'Site]; June 13, 1997.
• PSI, Inc.; Construction Inspection/Demolition Report, Former Santa Rita Military Hospital;
April 24, 1997.
• Versa, Inc.; Subsurface Investigation Report, Santa Rita Property- Parcel 15, Dublin,
California;April 30, 1998.
• All Chem; UST Removal & Closure; Santa Rita Property-Parcel 11B; June4, 1998.
• All Chem; UST Removal & Closure; Santa Rita Property- Hibernia Drive; October 15,
1998.
• All Chem; UST Removal & Closure; Salta Rita Property- Parcel 1; January 7, 1999.
• PSI, Inc.;Asbestos Containing Pipe Removal; Santa Rita Property- Parcels 2,3,4A& 4B;
December 17, 1998.
• PSI, Inc.;Asbestos Contai ni ng Pipe Removal; Santa Rita Property- Parcel 1; January 15,
1999.
• RGA Environmental, Inc.; Phase I ESA for the INS Property(Santa Rita Property- Parcel 3);
January 19, 1999.
• PSI, Inc.;Asbestos Cleanup& Ape Removal; Salta Rita Property- Parcels 10, 11A, 11 B &
14; January 22, 1999.
•
Pages
July 11,2007
• Versa, Inc.; Investigation of Residual VOCs, Santa Rita Property- Parcel 15, Dublin,
California; June 21, 1999.
• J. R.Associates Magnetic Investigation at Parcel 15, Dublin, California; March 21,2000.
• Gettler-Ryan, Inc.; Soil Sampling During UST Removal at Parcel 15-Salta Rita Property,
Dublin, Califomia; May 10,2000.
• Gettler-Ryan, Inc.;Air Pressure Tank Removal at Parcel 15-Santa Rita Property, Dublin,
California; June 2,2000.
• J. R.Associates Magnetic Investigation at Parcel 15, Dublin, Califomig July 21,2000.
• PSI, Inc.; Removal of Asbestos Insulated Piping; Santa Rita Property—Parcel 15;August 15,
2000.
• J. R.Associates Magnetic I nvesti gation at the Option Area Parcel (Parcel D), Dublin,
California; November 22,2000.
• Buried Debris Investigation at Patel D—Santa Rita Property; Gettler-Ryas, Inc.;April 19,
2001.
• AsbestosAbatement Monitoring Report, Underground Pipe Excavation and Removal, Digital
Drive ail Pacel 16A, Dublin, CA; RGA Environmental, Inc.; November 6, 2001.
• Geotechnical Observations Following Pipeline Removal Activities, Digital Driveand Pacel
16A Sites, Dublin, CA; Subsurface Consultants, Inc.; December 14, 2001.
• Summery of Investigation aid Remediation Activities,Suspected Petroleum Hydrocarbon
Impacted Sites on Parcels 15A aid 16A, Dublin, CA; Subsurface Consultants, Inc.; January
8, 2002.
• Investigation and Remediation, Former Incinerator/Burn Dump, Parcel 16A aid Digital
Drive, Santa Rita Property; Subsurface Consultants, Inc.; Mach 25,2002.
• Characterization of Aggregate Material Imported to County Property in Dublin, California,
Pacel A;Vesar, Inc.;August 26, 2002.
RDF:rdti:VA em1prajedlernAcotra taRiteRopeityPepart Li at
Exhibit E
ASST GNM ENT AND ASSUMPTION OF PURCHASE AGREEM ENT
THIS ASSI GNM ENT AND ASSUMPTION OF PURCHASE AGREEM ENT("Assignment")is
made as of , by and between the CITY OF DU BL I N,a California municipal
corporation("Assignor"), and ,a
("Assignee").
RECITALS. ThisAssgment is made with reference to the fdIowingfactsaid objectives
Assignor,as"Buyer," and Surplus Property Authority of Alameda County,a pal is
corporation,as"Sel I er," ere parti es to that Rrdnase and Sale Agreement and Joint Escrow Instructions dated
,2014(the"Agreement"), pursuant to which Seller agreed to sell to Assignor aid
Assignor agreed to purchaeefrom Seller two parcels of reel property containing approxi metely 8.73
aggregate ems located in the City of Dublin,California as more partial al y described in the Agreaa n t(the
"P1 ope'`7
Assignor des res to assn gn to Assignee,and Ass ghee desires to assume,al of the rights and
obl igations of Ass gnu under theAgeement.
Assignment by Assignor. Assignor hereby assigns and transfers to Assignee all of Assignor's right,
title and interest in,to and under theAgreemant.
Assumption by Assignee. Assignee hereby accepts the forego ng assignment and assures and
agrees to perform al of the duties,obligations and responsibilities of Ass gnor under or in connection with
theAgreanent. Such assumption by Assi gnee wi II not release Assignor from any of its obligations or
I i abi l ity under the Agreement.
Counterparts This Assignment may besgned in two or more counterparts,each of which will be
deemed an original, but all of which together will be deemed one and the same Veanernt.
ASSIGNOR: ASSIGNEE:
CITY OF DUBLIN,a California munidpal
corporation
By: By:
Nama Nana
Its Its
APPROVED AS TO FORM:
By:
ATTEST:
•
2239100.1
00029900E6\3458717.3