compassion village feasibility study - granicus

Compassion Village Feasibility Study

County of Santa Clara

Table of Contents

FEASIBILITY STUDY1. Vicinity Map2. Site Plan3. Space Program4. Cost Model5. Schedule

APPENDIX1. Transitional Village for Homeless: Lessons Learned2. Transitional Village for Homeless: Market Research3. Flood Hazard Map4. Assessor Parcel Map5. Record of Survey6. Code Research Summary7. Preliminary Title Report

FEASIBILITY STUDY1. Vicinity Map2. Site Plan3. Space Program4. Cost Model5. Schedule

Santa Clara County

Compassion Village - Space ProgramRevised 3/7/2019

Size(NSF/Unit)

Capacity (# ppl/eqpt)

Quantity(#space)

Total (NSF) Description

Community Space 960Community area 20 32 1 640Kitchen preparation area and storage 200 1 1 200 • should include a sink. Food will be prepared off-site.

• Should be large enough for warming (meeting 2/14/19)Closet for tables 50 1 1 50 • to accommodate 8 nesting tables (of 4 people each)Janitor closet 70 1 1 70

Staff Area 368Enclosed office 120 1 1 120 • for on-site coordinator.

• Space able to accommodate 3 people (1 staff and 2 guest chairs) is adequate in size (meeting 2/14/19)Open workstation 48 1 1 48 • to accommodate for 1 staff on site at a time - one workstation is enough (meeting 2/14/19)Meeting room (4 people) 30 4 1 120 • for case management appointmentStorage / locker room 50 1 1 50 • need 1 or 2 lockers and a small closet that can be locked (meeting 2/14/19)IT closet 30 1 1 30 • for IT and security

Support Spaces 730ADA restroom for residents and staff 90 1 2 180 • staff can share restrooms with residents (meeting 2/14/19)Laundry area - machines 50 7 1 350 • 4 washing machines and 3 dryersLaundry area - folding tables 30 2 1 60Laundry area - cart area 20 2 1 40Laundry area - laundry storage area 20 1 1 20Laundry area - paying machine 20 1 1 20Laundry area - waiting area 15 4 1 60

Total (NSF) 2,058

Outdoor SpaceDog washing station 70 1 1 70Dog Toileting Area 600 1 1 600Parklet 1,200 1 1 1,200 • for residents to have an outside space to hang out and socialize; include picnic tables and benches as well

as a garbage (meeting 2/14/19)• the outside area does not include child play amenities since residents will be adults without children (meeting 2/14/19)

Bike rack 10 30 1 300 • assuming 1 bike per residentGarbage area 50 1 1 50Parking for staff 162 1 3 486 • for staff and visiting case managers - needs 3Parking for residents 162 1 5 810 • 15% of the residents have cars

Total 3,516

COUNTY OF SANTA CLARA - COMPASSION VILLAGECOST ESTIMATEUpadated 3/7/2019

QTY SIZE / UNIT (SF)

COST ASSUMPTIONS

CONSTRUCTION48' x 40' Community Building with ramp 1 1,920 300,000$ AMS portable on wood foundation, Includes delivery and install Tiny Homes 30 20,000 600,000$ Microhouse on wheels, pricing taken from Market Research provided by OSH dated

Feb. 22, 2019 Ramps 8 1,800 14,400$ Plug in number from alternate manufacturer, taken from document identified above

Power - Main Switch 180,000$ Power Pedestals - for each microhouse 30 1,000 30,000$ Grading/Site Work 381,131$ Paved surfaces are stabilized decomposed granite and pervious concreteDriveway curb cut/gutter modifications 10,000$ Sanitary Sewer 90,120$ Utility Hook up to structure 31 400 12,400$ Water 83,600$ Utility Hook up to structure 31 250 7,750$ Storm Drain 63,735$ Minimal storm drainage estimated due to use of pervious concreteBike rack (6-8 bikes each rack) 2 1,000 2,000$ Site Lighting - light poles 9 7,780 70,020$ Landscaping 3,500 7 24,500$ Standard landscape for communal areas comprised of lawn, groundcovers, minimal

shrubs and treesPerimeter Landscape Screening 5,680 9 51,120$ Primarily shrubs and treesSecurity Fencing - 6' H tube steel perimeter fencing 911 250 227,750$ Chain link fencing approx. $50 p/lfGate - manual - 6' tube steel 1 15,000 15,000$ Driveway gate (electrical entry, add $10,000)Dog park perimeter fencing - 5' chainlink 112 45 5,040$ dog park entry gate 1 1,500 1,500$ 3' man gateFire Hydrant 76,000$ On-site fire water loop with new hydrants neededSubtotal Estimated Cumulated (*) 50,961 2,246,066$

OVERHEAD AND PROFIT20.0% 449,213$ Provided by TBDSubtotal Estimated Cumulated 50,961 2,695,279$

BIDDING CONTINGENCY10.0% 269,528$ Provided by TBDSubtotal Estimated Cumulated 50,961 2,964,807$

DESIGN AND SOFT COSTConsultantsUnder Owner ContractCivil, Security, Waste Mgmt., Special Inspector Under Architect / DB Contract

1% 29,648$ Based on previous County projects

Under Architect / DB ContractBasic Services: Mech., Elect., Plumb., Fire / Safety, Geotech Other, as Required

10% 296,481$ Based upon previous County projects

Other, as RequiredCodeISD / Data LandscapeCommissioning Agent

COUNTY OF SANTA CLARA - COMPASSION VILLAGECOST ESTIMATEUpadated 3/7/2019

QTY SIZE / UNIT (SF)

COST ASSUMPTIONS

Graphic and Wayfinding

OthersCounty Project Management 5% 148,240$ Based upon previous County projectsCounty Inspector 1% 29,648$ Based upon previous County projectsUnforeseen Conditions 0% -$ LEED Silver (feasibility unknown) 0% -$ ADA 0% -$ Design Contingency 10% 296,481$ Provided by TBDProject Construction Contingency 10% 296,481$ Provided by TBDProject Management by AE, Allow Construction Management

LS

FF&E 5% $148,240 placeholder for outdoor furnishings, community building furnishings and equipment

Temporary Space during Construction

Moving $1,000 / Pers.Lease of Temporary Space, Allow $ 60 / SFUtilitiesTemporary FF+E, Allow LSCounsel / Fire Marshal LSBuilding Operations / ISD LSPrinting / Advertisements LSStipend for Travel LSPublic Art 0% -$ No budget provided due to temporary nature of project

Subtotal Estimated Cumulated 50,961 4,210,026$

ESCALATION5.0% $210,501 Per year, from today to midpoint of constructionSubtotal Estimated Cumulated 50,961 4,420,527$

ENTITLEMENTS

CEQAPermit Cost 0%Building 2% 84,201$ Per State Legislation this project may be exemptC3 Stormwater Permit 0%Misc. Permits 1% 42,100$ Per State Legislation this project may be exempt

Grand Total Estimated Cumulated 50,961 4,546,828$

(*) Includes: Subcontractor Markups, Site Requirements, Jobsite Management, Insurance & Bonding, and Contractor Fee.

Assumptions: Items 4, 9 and 10 and start date of 38 & 39 dependent on minimal review and approval time needed by County. Actual timeline may need to be adjusted based on County purchasing protocols. Item 14 dependent upon direction provided in person or via web meeting same day. Item 23 and 24 based upon timelines provided by Facilities and Fleets Department. Items 26-31 based upon the assumption project would bid prior to permit issuance resulting in added risk to County if scope is revised during plan review process. Item 37 based upon construction duration estimate from BKF Engineers for site improvements reflected in cost estimate. Item 38 based upon estimate provided at kickoff meeting with FAF, OSH and HHS.

APPENDIX

1. Transitional Village for Homeless Lessons Learned

2. Transitional Village for Homeless Market Research

3. Flood Hazard Map4. Assessor Parcel Map5. Record of Survey6. Code Research Summary7. Preliminary Title Report

Transitional Villages for the Homeless

Program Summary

January 8, 2019

Lessons Learned from Hope Village

• Structures need to be sturdy, and the site needs some improvements and access to utilities. Hope Village is made up of individual tents for sleeping and communal tents for food and supply storage, food preparation, meal service, and community congregating. Since the establishment of Hope Village, winds have impacted and blown over the communal tents. Clients have stated that they’ve been cold overnight sleeping in tents. Organizers have mentioned that, “tents are in danger of flooding when rain is plentiful [because the] ground is hard and water pools,” as well as the need for basic utilities such as electricity and potable water. Addressing these concerns and being more intentional about the preparation of a site would contribute to more secure and humane living conditions.

• A new village may be more successful if it is not sited at a location that is already encamped. Prior to the County leasing the Ruff Drive site from the City of San Jose, approximately 30 people were encamped on or near the City-owned parcel. In addition, several other individuals were camping or staying in vehicles in the area. Hope Village established admittance criteria and screening that many of the existing campers could not meet. Because the existing campers were not welcomed into Hope Village, a tension developed between the campers and Hope Village. In addition, because the City of San Jose had not conducted recent abatements in the area, and due to the significant public attention on Hope Village, word spread among unsheltered homeless people that the area immediately adjacent to Hope Village and the nearby areas along the Guadalupe River was a safe zone from encampment abatement. As a result, the population of camped homeless people in the immediate area of Hope Village appears to have doubled. This increase in population has resulted in overcrowding, a more chaotic environment, and concerns from law enforcement. The combination of the early tension and the more chaotic environment has led to concerns for safety and security. The concerns are so heightened that the City of San Jose plans to abate the surrounding campers and nearby areas in mid-January.

• It would be advantageous for the County to vet, contract with and pay an experienced community-based organization to manage the site. Office of Supportive Housing (OSH) staff have some concerns with the current operator’s approach to Hope Village. Multiple requests for a management plan, grievance procedure, and

some other documents required by the service agreement between the operator and the County have gone unsatisfied. The admittance philosophy appears to be in conflict with the philosophies implemented in the Supportive Housing System. It is unclear whether clients are receiving assistance with long-term housing plans. Hiring a paid site operator would allow the County greater leverage in implementing a temporary housing program that is more integral to the Supportive Housing System and ensures a higher level of service for the people being served. The County should seek an operator with experience in running this type of residential occupancy situation and that would operate in partnership with the Supportive Housing System. In addition, the operator should provide clients with a role in determining the culture of the village but should not be dependent on unpaid clients to staff the site as a condition for residing on site. Proposed Program and Site Requirements

1. Target Population

a. 20 to 30 single-person or two-person households

b. Clients staying in unsheltered situations would be given priority

c. Approximately half of the households would be Permanent Supportive Housing or Rapid Rehousing clients in the housing search process or waiting for a development to open and would use the transitional village as Interim Housing

d. Approximately half of the households would be people who have been

identified through the Coordinated Assessment System (CAS) as needing minimal intervention, or who have a CAS score that would be unlikely to result in a referral for housing within 6 months

2. Housing Accommodations

a. OSH recommends 1 tiny home on wheels for each household. Self-contained

units would allow for maximum flexibility if the site is not permanent. Tiny homes could be serviced (septic dumping and water tank filling) by a mobile service, and may not need to plug in to a prepared site or the regular sewer system. In addition, it would provide the clients with more independence, which most clients report wanting. Finally, for clients who have been living unsheltered for years and are preparing to move into an apartment, a tiny home would provide an opportunity for clients to reacclimate to living indoors while not being as enclosing as directly moving into a larger building.

b. Similar to the prototype tiny home in which the County invested, the tiny homes should include:

i. Sleeping area or convertible sleeping couch (similar to some RV setups)

ii. Food preparation area with small refrigerator, microwave, cooktop, sink (prototype does not have microwave or cooktop, but it is recommended by OSH)

iii. Small table or bar area iv. Bathroom with toilet, shower, and sink v. Attached outdoor storage locker

c. 25% of the tiny homes should be accessible to people who cannot climb stairs

3. Site Components

a. One or more communal structures that would include:

i. Community gathering space that could accommodate the number of

residents of the transitional village for community meetings and occasional communal meals

ii. Minimal kitchen facilities to store food prepared off-site for communal meals, including a sink

iii. 1 small meeting room (to accommodate up to 4 people) for case management appointments

iv. 1 office for the on-site service coordinator v. Workstation or operations desk for operations staff, with lockers or

other lockable storage for personal belongings during a shift vi. Restroom for use by staff and users of the communal space

vii. Laundry facilities to accommodate the number of residents of the transitional village

b. Basic amenities such as:

i. Garbage service ii. Paved or gravel walkways

iii. External lighting iv. Toileting area for dogs (many clients will have companion animals or

pets) v. Bike rack

vi. Parking 1. 3 spaces for staff and visiting case managers 2. Spaces assuming 15% of the households may have a car

vii. Wifi viii. Security cameras

c. Design considerations:

i. The perimeter of the site should be fenced.

ii. Arranging the homes with the front doors facing a central point would create a community-minded environment. The central area should have some outdoor seating, such as benches and picnic tables.

4. Operations

a. Site would be staffed and accessible to clients 24/7.

b. The operator should seek to develop a community at the transitional village that is self-governed. The primary role of the operator’s staff would be to provide security, be a liaison for residents to address maintenance concerns, and serve in a supportive role to the residents. The operator’s staff would not be on site to govern or police the transitional village.

c. 1 “resident coordinator” onsite per shift would provide basic oversight and site security. Residents could be screened and hired to be temporary, very part-time workers to cover the mandatory lunch breaks of the operator’s staff.

d. 1.0 FTE service coordinator would provide information and referral services to

clients described above in item 1.d.

e. Depending on the site, clients’ access and transportation needs would be considered. VTA transit passes, assistance obtaining/repairing bicycles, and the use of taxis or ride sharing services could be considered.

f. Operator should provide management plan, grievance process, tenancy

documents, and other operational documents before opening the site.

1 Market Research-New Hope Village Conducted by Procurement Department for the Office of Supportive Housing

Transitional Villages for the Homeless Market Research

Procurement Department February 22,2019

I. Background: Procurement Department conducted market research based on a request from the Office of Supportive Housing for mobile homes in support of the Transitional Villages for the Homeless Program. The inquiry is for 30 housing units to provide the department’s clients access to dignified, independent living arrangements. On a parallel, there exists a project originated from the Gilroy Compassion Center (GCC) in 2015 which sponsored a Microhouse on Wheels project aimed at permanent / semi- permanent housing for clients and/or employee-volunteers of the facility. The prototype was co- designed (with Weston Miles, Architects) and built by Bill Wyrick from Los Banos RV Center at cost. This was referenced in one of the documents sent to Procurement.

II. Criteria: An inquiry was sent to the market with the following criteria provided:

• Home on Wheels for transport flexibility. The homes could be serviced (septic and water tank filling) by a mobile service and may not need to plug in to a prepared site or sewer system.

• Home should include: 1. sleeping area or convertible sleeping couch (1-2 people) 2. food preparation area with small refrigerator, microwave, cooktop, sink 3. small table or bar area 4. bathroom with toilet, shower and sink 5. attached outdoor storage locker

• 25% of homes should be accessible to people who cannot climb stairs. • Must be designed/built to DMV and/or other (CA) state “mobile housing” compliance. • Lease option.

III. Market Research:

There are three dwelling types that qualify under the criteria provided: 1. Tiny Home /Microhome on Wheels 2. Travel/Destination Trailers 3. Mobile Homes

The industry, market and products for these are diverse but deserve exploration. Examples of these three are detailed on the next page. • Clarifications: The requirement for “transport flexibility”, is a major determinant of the

type and price of the structures, and the resulting quality of the market research. The degree of mobility/transportability of the structures will determine whether it is classified as an “RV” (with DMV-type compliance required) or, as a semi-permanent structure (with residential-type standards). This also defines the dimensions of the buildings. Structural


compliance(s) would also vary accordingly. Transport flexibility will need to be further qualified to achieve best quality results. Additionally, the broadly-defined criteria led to more design and specification questions. The most prevalent questions were for the size/dimension of the structure and the budget allocated for each unit. In the interest of expediency, we allowed vendors to interpret the requirements and relied on their expertise to present their best, most cost-effective solutions. Below are compiled results from responsive vendors according to dwelling type. Tiny Home / Microhome on Wheels: Vendor: Molecule Tiny Home of Santa Cruz, CA Unit Cost (inclusive of Tax/Delivery): $28,000 Timeframe of Completion per Unit: 2-3 Weeks Lease/Rental Option: No

Molecule Tiny Home Sample Floorplan


Vendor: Timbercraft Tiny Home of Guntersville, AL Unit Cost (inclusive of Tax/Delivery): $64,500 on units 1-10, 4% discount on units 11-20, 8% discount on units 21-30. Timeframe of Completion per Unit: 1 unit per month Lease/Rental Option: No

Timbercraft Tiny Home Sample Floor Plan 1 (196 Sq ft)

Vendor: Humble Handcraft of Ventura , CA Unit Cost (inclusive of Tax/Delivery): $60,669, Acorn Model, appliances included. Timeframe of Completion per Unit: 1.5-2 weeks per home Lease/Rental Option: No Humble Handcraft 14’ Acorn Model


Vendor: Liberty Cabins of Anderson , CA Unit Cost (inclusive of Tax/Delivery): $33,900 Timeframe of Completion per Unit: 2 weeks per unit Lease/Rental Option: No Liberty Cabins 16’ Model

Travel/Destination Trailers: Vendor: Best RV Truck of Turlock, CA Unit Cost (NOT includingTax/Delivery): Keystone Springdale $12,999 Timeframe of Completion per Unit: In Stock Lease/Rental Option: No


Item # 19861 2019 Keystone Springdale

Vendor: Art Family RV of Morgan Hill, CA Unit Cost (exclusive of Tax/Delivery): Apex Nano 185BH or 191RBS $16,500 Timeframe of Completion per Unit: 5 weeks Lease/Rental Option*: Yes (Monthly Rental)

o Approximately: $1,100-$1,400/month 17’-20’ trailers o Approximately: $1,600/month 24’-27’ trailers

*All rentals require $1,500 refundable deposit.

Apex Nano 191RBS Floorplan


Apex Nano 185BH Floorplan

Mobile Homes: Vendor: Alliance Mobile Homes Sales of Sunnyvale, CA Unit Cost (inclusive of Tax): Floorplan 1135= $39,958 + $2,000 Delivery Floorplan 1429= $43,724 + $2,000 Delivery Timeframe of Completion per Unit: 14-18 weeks Lease/Rental Option: No Floorplan 1135


Floorplan 1429

Vendor: Green Galaxy Mobile Home Sales of Santa Clara, CA Unit Cost* (inclusive of Tax/Delivery): Model No. APS-514 =$50,474 on units 1-10, $49,474 on units 11-20, $48,474 on units 21- 30 (on orders received by 12-31-2019) Timeframe of Completion per Unit: 8 Units per month Lease/Rental Option: No *estimated cost of ADA ramp=$900-$1,800 /unit Floorplan APS-514


Elevation APS-514

Vendor: Advantage Home Sales of San Jose, CA Unit Cost* (inclusive of Tax/Delivery): Model No. BD-80 =$88,413 Timeframe of Completion per Unit: 3 months/unit Lease/Rental Option: No

Floorplan BD-80


Elevation BD-80

Microhouse on Wheels: On August of 2015, Bill Wyrick, proprietor of Los Baños RV Center in Los Baños, CA partnered with Weston Miles Architects of Morgan Hill, CA to design and manufacture a prototype of a compact, permanent or sub-permanent living structure. Microhouse on Wheels (MOW) houses seven (7) people (2 of which are children) and has complete living amenities. This prototype is now in use at the Gilroy Compassion Center (GCC) as a keystone element of its Safe Parking Program, a program where high-risk individuals (e.g. pregnant/nursing women) can use the MOW as a temporary shelter for nursing and other needs. The proprietary design of the MOW allows for convertibility of use and functions within its space which maximizes its limited square footage. The prototype was drafted by Weston Miles as a pro-bono project and Mr. Wyrick donated his design and labor costs, pro-bono, as well. The project’s total cost was approximately $11,000 which was spent entirely on materials. This amount was allocated to GCC by the County of Santa Clara. The contract for the prototype did not go through a competitive process. Mr. Wyrik approximates that the production model of the MOW will cost $20,000 to produce today.


Microhouse on Wheels Elevation

Microhouse on Wheels Floor Plan


IV. Summary: Except for Green Galaxy Home Sales and Art RV, leasing/rental are not usually available. ADA accommodations were not addressed in the responses except by Green Galaxy Mobile Home Sales who estimated ADA access ramps to cost between $900-$1800 per unit. We could probably use this as a standard across all proposals. The unit costs are estimates and will vary with any changes in requirements and design. None of the prices were negotiated. In summary, the need for mobile housing can apparently be addressed in various ways by the market. Size/dimensions, level of mobility/transportability, permanence and other specs have to be firmly established to assess which option will best suit the needs of the County. There is a degree of customization available on the homes (less for the travel /destination trailers) that will affect the use/functionality/design of the units and ultimately the price. In general manufacturers were willing to work with the County to determine how to best address our needs.

USGS The National Map: Orthoimagery. Data refreshed October, 2017.

National Flood Hazard Layer FIRMette

0 500 1,000 1,500 2,000250Feet

Ü

121°

55'0.

25"W

37°25'19.39"N

121°54'22.80"W

37°24'50.82"N

SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT

SPECIAL FLOODHAZARD AREAS

Without Base Flood Elevation (BFE)Zone A, V, A99

With BFE or Depth Zone AE, AO, AH, VE, ARRegulatory Floodway

0.2% Annual Chance Flood Hazard, Areasof 1% annual chance flood with averagedepth less than one foot or with drainageareas of less than one square mile Zone XFuture Conditions 1% AnnualChance Flood Hazard Zone XArea with Reduced Flood Risk due toLevee. See Notes. Zone XArea with Flood Risk due to Levee Zone D

NO SCREEN Area of Minimal Flood Hazard Zone X

Area of Undetermined Flood Hazard Zone D

Channel, Culvert, or Storm SewerLevee, Dike, or Floodwall

Cross Sections with 1% Annual Chance17.5 Water Surface Elevation

Coastal Transect

Coastal Transect BaselineProfile BaselineHydrographic Feature

Base Flood Elevation Line (BFE)

Effective LOMRs

Limit of StudyJurisdiction Boundary

Digital Data AvailableNo Digital Data AvailableUnmapped

This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standardsThe flood hazard information is derived directly from theauthoritative NFHL web services provided by FEMA. This mapwas exported on 2/14/2019 at 8:24:46 PM and does notreflect changes or amendments subsequent to this date andtime. The NFHL and effective information may change orbecome superseded by new data over time.This map image is void if the one or more of the following mapelements do not appear: basemap imagery, flood zone labels,legend, scale bar, map creation date, community identifiers,FIRM panel number, and FIRM effective date. Map images forunmapped and unmodernized areas cannot be used forregulatory purposes.

Legend

OTHER AREAS OFFLOOD HAZARD

OTHER AREAS

GENERALSTRUCTURES

OTHERFEATURES

MAP PANELS

8

1:6,000

B 20.2

The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location.

Anderson Brulé Architects Hope Village 2.0

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Code Research Summary

Title 2. Government of the State of California

Division 1. General

Chapter 7.8 Shelter Crisis

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=1.&chapter=7.8.&lawCode=GO

V&title=2

8698.4. Specific requirements for the County of Santa Clara ‐

o (2) (A) (i) The city, county, or city and county, in lieu of compliance with local building

approval procedures or state housing, health, habitability, planning and zoning, or safety

standards, procedures, and laws, may adopt by ordinance reasonable local standards

and procedures for the design, site development, and operation of homeless shelters

and the structures and facilities therein, to the extent that it is determined at the time

of adoption that strict compliance with state and local standards or laws in existence at

the time of that adoption would in any way prevent, hinder, or delay the mitigation of

the effects of the shelter crisis. The Department of Housing and Community

Development shall review and approve the city’s, county’s, or city and county’s draft

ordinance to ensure it addresses minimum health and safety standards. The

department shall, as set forth in Section 9795, provide its findings to the Senate

Committee on Transportation and Housing and the Assembly Committee on Housing

and Community Development within 30 calendar days of receiving the draft ordinance.

(ii) During the shelter crisis, except as provided in this section, provisions of any

housing, health, habitability, planning and zoning, or safety standards,

procedures, or laws shall be suspended for homeless shelters, provided that the

city, county, or city and county has adopted health and safety standards and

procedures for homeless shelters consistent with ensuring minimal public

health and safety and those standards are complied with. Landlord tenant laws

codified in Sections 1941 to 1942.5, inclusive, of the Civil Code providing a cause

of action for habitability or tenantability shall be suspended for homeless

shelters, provided that the city, county, or city and county has adopted health

and safety standards for homeless shelters and those standards are complied

with. During the shelter crisis, the local and state law requirements for homeless

shelters to be consistent with the local land use plans, including the general

plan, shall be suspended.

(B) This section applies only to a public facility or homeless shelters reserved

entirely for the homeless pursuant to this chapter.

o (3) Homeless shelters constructed or allowed under this chapter shall not be subject to

the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division

13 of the Health and Safety Code), the Mobilehome Parks Act (Part 2.1 (commencing

with Section 18200) of Division 13 of the Health and Safety Code), or the Mobilehome


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Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of

Division 2 of the Civil Code).

We aren’t sure if this means that the County doesn’t have to adopt an ordinance since

it’s at the hierarchy as #2 above requiring the ordinance.

o (4) The California Environmental Quality Act (Division 13 (commencing with Section

21000) of the Public Resources Code) shall not apply to actions taken by a state agency

or a city, county, or city and county, to lease, convey, or encumber land owned by a city,

county, or city and county, or to facilitate the lease, conveyance, or encumbrance of

land owned by the local government for, or to provide financial assistance to, a

homeless shelter constructed or allowed by this section.

o (5) On or before July 1, 2019, the city, county, or city and county shall develop a plan to

address the shelter crisis, including, but not limited to, the development of homeless

shelters and permanent supportive housing, as well as onsite supportive services. The

city, county, or city and county shall make the plan publicly available.

o (6) On or before January 1, 2019, and annually thereafter until January 1, 2021, if the

city, county, or city and county has declared a shelter crisis, the city, county, or city and

county shall report all of the following to the Senate Committee on Transportation and

Housing and the Assembly Committee on Housing and Community Development:

(A) The total number of residents in homeless shelters within the city, county, or

city and county.

(B) The total number of residents who have moved from a homeless shelter into

permanent supportive housing within the city, county, or city and county.

(C) The estimated number of permanent supportive housing units.

(D) The number of residents who have exited the system and are no longer in

need of a homeless shelter or permanent supportive housing within the city,

county, or city and county.

(E) The number of new homeless shelters built pursuant to this section within

the city, county, or city and county.

(F) New actions the city, county, or city and county is taking under the declared

shelter crisis to better serve the homeless population and to reduce the number

of people experiencing homelessness.

o (b) For purposes of this section, the following terms have the following meanings:

(1) “Homeless shelter” means a facility with overnight sleeping

accommodations, the primary purpose of which is to provide temporary shelter

for the homeless that is not in existence after the declared shelter crisis. A

temporary homeless shelter community may include supportive and self‐

sufficiency development services.


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(2) “Permanent supportive housing” means housing for people who are

homeless, with no limit on length of stay, and that is linked to onsite or offsite

services that assist the supportive housing resident in retaining the housing,

improving his or her health status, and maximizing his or her ability to live and,

when possible, work in the community.

o (c) This section shall remain in effect only until January 1, 2021, and as of that date is

repealed.

Based on the above state legislation, it looks like the County has leeway in whether or not they want to

comply with the County’s own Floodplain Ordinance below.

County of Santa Clara Floodplain Ordinance

https://www.sccgov.org/sites/dpd/PlansOrdinances/FloodPlain/Pages/FloodPlain.aspx#01

06 ‐ Manufactured Homes, Recreational Vehicles, and Trailers in the Floodplain

RV located in the regulated flood plain must:

o Meet the elevation and anchoring requirements for manufactured homes; OR

o Be on the site for fewer than 180 consecutive days; OR

o Be fully licensed and ready for highway use (i.e. on its wheels or jacking system,

attached to the site only be quick disconnect type utilities, and with no permanently

attached additions.

Recreational vehicle or trailer means a vehicle that is: (1) built on a single chassis; (2) 400 square

feet or less when measured at the largest horizontal projections; (3) designed to be self‐

propelled or permanently towable by a light duty truck; and (4) not designed primarily for use as

a permanent dwelling but as temporary living quarters for recreational, camping, travel, or

seasonal use.

Recreational Vehicle and Trailer Parks

o If a campground or recreational vehicle park is located in the floodplain, it should have

an emergency plan that specifies how flood warnings will be received and how vehicles,

trailers, and occupants will be safely evacuated in the event of a flood. If there will not

be sufficient warning time to ensure that recreational vehicles and trailers will be

removed prior to flooding, they should either be located outside of the floodplain or

installed in a manner that meets the elevation and anchoring requirements for

manufactured homes.

If the County chooses to follow their Floodplain Ordinance and decides that the units do not qualify as

RV’s, then the following applies.

Manufactured Homes

o Manufactured homes must meet the same standards as any other residential building

for elevation of the first floor, use of flood damage‐resistant materials below the flood

protection level, and elevation or protection of utilities. The best way to meet this


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requirement is to elevate the bottom of the manufactured home chassis to the flood

protection elevation (see Floodplain Facts #4: Residential Structures in the Floodplain).

o Manufactured home means a structure, transportable in one or more sections that is

built on a permanent chassis and designed to be used with or without a permanent

foundation when connected to the required utilities. This includes older mobile homes

that pre‐date current manufactured home standards.

o Manufactured homes must be elevated on a permanent foundation and be securely

anchored to an adequately anchored foundation system to resist flotation, collapse, and

lateral movement. A “permanent foundation” means more than a stack of concrete

blocks. It should include a below‐grade footing that is capable of resisting overturning,

deep enough to account for frost depth and expected scour, and sized appropriately for

the site’s soil bearing capacity. “Adequately anchored” means a system of ties, anchors,

and anchoring equipment that will withstand flood and wind forces and will work in

saturated soil conditions. Usually this means over‐the‐top or frame tie‐downs in

addition to standard connections to the foundation.

o If a solid perimeter foundation wall (or rigid skirting that is attached to the frame or

foundation) encloses space below a manufactured home, openings are required to

relieve hydrostatic loads and minimize the potential for damage to the home and its

supporting foundation system (see Floodplain Facts #8: Enclosed Areas Below the Flood

Protection Level). Flexible skirting or rigid skirting that is not attached to the frame or

foundation does not trigger the requirement for flood vent openings, provided that the

skirting does not provide structural support and will collapse under water loads without

causing structural damage to the elevated home or the foundation.

o Replacement of an existing manufactured home with a new structure constitutes a

substantial improvement, which means that the entire structure must comply with

current elevation, construction, and anchoring requirements.

Resource: FEMA P‐85, Protecting Manufactured Homes from Floods and Other Hazards (2009)

https://www.fema.gov/media‐library/assets/documents/2574

The state legislation allows for the County to not follow the Special Occupancy Park or Mobilehome

Parks and Installation. At this point, we have adjusted the site plan to comply with the Special

Occupancy Park Article 7. Installations and Facilities for Unit Separation and Setback Requirements

Within Parks since this is for fire safety.

https://govt.westlaw.com/calregs/Document/IE2FF9BB0D45311DEB97CF67CD0B99467?viewType=FullT

ext&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

Chapter 2.2 Special Occupancy Parks

https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=IC00C9E


3/5/2019

00D45311DEB97CF67CD0B99467&originationContext=documenttoc&transitionType=Default&contextD

ata=(sc.Default)

Traditionally the community building would need to comply with Chapter 2. Mobilehome Parks and

Installations, but the State Legislation specifically states that the County does not have to comply with it.

We can provide further information regarding what would typically be required, if desired.

Order Number: NCS-948177-SC Page Number: 1

First American Title Insurance Company

First American Title Insurance Company National Commercial Services

1737 North First Street, Suite 500 San Jose, CA 95112

Ron Griswold Junior Real Estate Agent, County of Santa Clara | Facilities and Fleet Department, 2310 North First Street, Suite 200 San Jose, CA 95131

Phone: (408)993-4641

Customer Reference: 900 Thompson Street

Escrow Officer: Carol M. Herrera

Phone: (408)451-7829

Email: [email protected]

Title Officer: Mike D. Hickey Phone: (408)451-7905

Email: [email protected]

Owner: Santa Clara County

Property: 900 Thompson Street, Milpitas, CA

PRELIMINARY REPORT

In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not

shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.

The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. 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 and ALTA Homeowner's Policies of Title

Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.



Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not

covered under the terms of the title insurance policy and should be carefully considered.

It is important to note that this preliminary report is not a written representation as to the condition of title and

may not list all liens, defects, and encumbrances affecting title to the land.

This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.



Dated as of February 13, 2019 at 7:30 A.M.

The form of Policy of title insurance contemplated by this report is: To Be Determined

A specific request should be made if another form or additional coverage is desired.

Title to said estate or interest at the date hereof is vested in:

Santa Clara County

The estate or interest in the land hereinafter described or referred to covered by this Report is:

Fee Simple

The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows:

1. General and special taxes and assessments for the fiscal year 2019-2020, a lien not yet due or payable.

2. General and special taxes and assessments for the fiscal year 2018-2019 are exempt. If the exempt status is terminated an additional tax may be levied. A.P. No.: 086-05-024.

3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.

4. Rights of the City and County of San Francisco, a municipal corporation, as contained in the Final Decree of Condemnation entered in the Superior Court of the State of California, in and for the County of Santa Clara, in that certain action entitled "City and County of San Francisco, a municipal corporation, Plaintiff vs. The County of Santa Clara, et al Defendants," Case No. 75907, certified copy of which Decree were recorded December 8, 1950 in Book 2112, Page 7 of Official Records and as amended by the Amended Final Decree in Condemnation a certified copy of which recorded July 20, 1959 in Book 4486, Page 109 of Official Records, as follows: The right to cut any and all existing fences and to install gates therein, at such points as may be necessary for the convenience of the City in the use of parcel of real property, and in the right to protect pipes and other structures or improvements of the city by means of fences or otherwise, provided, however, that the City shall not construct any other fences upon or with respect to said parcel of real property, without the consent of the owners. If the City should damage the owners road, fences or any structures permitted under the provisions of Section 2 of the covenants contained in said Decree, the City shall at its own expense, repair such damage.



5. Any claim that may exist or arise by reason of the possible encroachment of your existing structure(s) onto the lands of the City and County of San Francisco.

6. Abutter's rights of ingress and egress to or from the highway contiguous thereto, lying adjacent to the Westerly line of said land have been relinquished in the document recorded March 02, 1953 in Book 2590, Page 33 of Official Records.

7. A waiver of any claims for damages by reason of the location, construction, landscaping or maintenance of a contiguous freeway, highway, roadway or transit facility as contained in the document recorded March 02, 1953 in Book 2590, Page 33 of Official Records.

8. An easement for the construction, reconstruction, installation, maintenance and operation thereon of an electric transmission and distributing electricity and incidental purposes, recorded March 16, 1954 in Book 2834, Page 451 of Official Records. In Favor of: Pacific Gas and Electric Company Affects: as described therein

9. An easement for a line of poles, wires and incidental purposes, recorded June 03, 1970 in Book 8941, Page 101 of Official Records. In Favor of: Pacific Gas and Electric Company, a California corporation Affects: as described therein

10. Abutter's rights of ingress and egress to or from Adjoining Freeway have been relinquished in the document recorded July 03, 1970 in Book 8975, Page 149 of Official Records.

11. The fact that the land lies within the boundaries of the Milpitas Redevelopment Project Area No. 1 Redevelopment Project Area, as disclosed by the document recorded January 12, 1977 in Book C-534, Page 1 of Official Records.

12. An easement for ingress and egress to and from the right of way or strip of land (Thompson Court) and incidental purposes, recorded October 24, 2005 as Instrument No. 18637530 of Official Records. In Favor of: City of milpitas Affects: as described therein

The location of the easement cannot be determined from record information.

13. An easement for sanitary sewer and incidental purposes, recorded October 24, 2005 as Instrument No. 18637532 of Official Records. In Favor of: City of Milpitas Affects: The Southeasterly 20 feet which is adjacent to the City and

County of San Francisco's property

14. An easement for public service, utility and incidental purposes, recorded December 20, 2005 as Instrument No. 18734488 of Official Records. In Favor of: City of Milpitas Affects: The Northeasterly 10 feet which is adjacent to the city street

known as Thompson Court

15. Water rights, claims or title to water, whether or not shown by the public records.



16. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey.

17. Rights of parties in possession.



INFORMATIONAL NOTES

ALERT - CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of recording on certain transactions effective January 1, 2018. Please contact your First American Title representative for more information on how this may affect your closing.

1. The property covered by this report is vacant land.

2. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows:

None

3. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued.

4. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy:

A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's

state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated

transaction and designating which corporate officers shall have the power to execute on behalf of the corporation.

3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California.

4. Requirements which the Company may impose following its review of the above material and other information which the Company may require.

B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto

(form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the

contemplated transaction; 4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise

Tax Board of the State of California.


C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any

amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the

contemplated transaction;



4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California.


D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the

California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records;

2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required

herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILITY COMPANY: 1. A copy of its operating agreement and any amendments thereto;

2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records;

3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records;

4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate:

(i) If the limited liability company properly operates through officers appointed or elected

pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer;

(ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager.

5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise

Tax Board of the State of California.


F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to

the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which

designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require

herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information.

The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached.



LEGAL DESCRIPTION

Real property in the City of Milpitas, County of Santa Clara, State of California, described as follows: PARCEL B, AS SHOWN ON THAT CERTAIN RECORD OF SURVEY BEING A PORTION OF LOS ESTEROS AND MILPITAS RANCHOS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MARCH 7, 1963, IN BOOK 157 OF MAPS PAGE(S) 56. EXCEPTING THEREFROM THAT PORTION CONVEYED TO STATE OF CALIFORNIA BY GRANT DEED RECORDED JULY 3, 1970 AS INSTRUMENT NO. 3833540 IN BOOK 8975, PAGE 149 OF OFFICIAL RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF PARCEL "B", AS SAID PARCEL IS SHOWN ON THAT MAP ENTITLED "RECORD OF SURVEY", FILED MARCH 7, 1963, IN BOOK 157 OF MAPS, AT PAGE 56, IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL NORTH 64° 02' 30" EAST, 26.43 FEET; THENCE SOUTH 9° 27' 11" EAST, 139.90 FEET; THENCE SOUTH 14° 19' 40" EAST, 140.48 FEET; THENCE SOUTH 75° 40' 20" WEST, 14.00 FEET TO THE WESTERLY LINE OF SAID PARCEL; THENCE ALONG LAST SAID LINE NORTH 14° 19' 40" WEST, 274.55 FEET TO THE POINT OF COMMENCEMENT. ALSO EXCEPTING THEREFROM THAT PORTION WHICH LIES NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF THE PARCEL THAT WAS DESCRIBED IN THAT CERTAIN RIGHT OF WAY DEDICATION AND GRANT OF EASEMENT (FOR THOMPSON COURT) TO THE COUNTY OF SANTA CLARA RECORDED OCTOBER 24, 2005 AS INSTRUMENT NO. 18637530 OF OFFICIAL RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF "PARCEL B", AS SAID PARCEL IS SHOWN ON THAT CERTAIN RECORD OF SURVEY MAP FILED MARCH 7, 1963 FOR RECORD IN BOOK 157 OF MAPS, AT PAGE 56, SANTA CLARA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF ABEL STREET, 90 FEET WIDE, AS SHOWN ON SAID MAP, WITH THE PROLONGATION OF THE NORTHERLY LINE OF "PARCEL B", AS SHOWN ON SAID MAP; THENCE RUNNING ALONG SAID NORTHERLY LINE AND THE PROLONGATION THEREOF A.) SOUTH 64° 01' 00" WEST, A DISTANCE OF 1,825.87 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT ALSO BEING ON A CURVE TO THE RIGHT, FROM WHICH THE RADIUS POINT BEARS SOUTH 25° 59' 00" EAST, A RADIAL DISTANCE OF 45.50 FEET; THENCE LEAVING SAID NORTHERLY LINE 1.) SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 142° 55' 16", A DISTANCE OF 113.50 FEET TO THE BEGINNING OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET; THENCE 2.) SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 39° 49' 17", A DISTANCE OF 17.38 FEET; THENCE 3.) SOUTH 12° 53' 01" EAST, A DISTANCE OF 413.45 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 370.00 FEET; THENCE 4.) SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02° 39' 10"; A DISTANCE OF



17.13 FEET TO THE SOUTHERLY LINE OF SAID "PARCEL B"; THENCE RUNNING ALONG SAID SOUTHERLY LINE 5.) SOUTH 66° 02' 30" WEST, A DISTANCE OF 61.20 FEET; THENCE LEAVING SAID SOUTHERLY LINE 6.) NORTH 13° 46' 24" WEST, A DISTANCE OF 21.90 FEET; THENCE 7.) NORTH 12° 53' 01" WEST, A DISTANCE OF 422.57 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET; THENCE 8.) NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 37° 36' 17"; A DISTANCE OF 16.41 FEET TO THE BEGINNING OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 45.50 FEET; THENCE 9.) NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 114° 30' 18", A DISTANCE OF 90.93 FEET TO THE TRUE POINT OF BEGINNING.

APN: 086-05-024



NOTICE I

Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title

company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after

deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details.

NOTICE II

As of January 1, 1991, if the transaction which is the subject of this report will be a sale, you as a party to the transaction, may have certain tax reporting and withholding obligations pursuant to the state law referred to below: In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the

proceeds be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be

withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any

amount or be subject to penalty for failure to withhold if:

1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a

corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being

conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement.

The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis.

The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. The Seller May Request a Waiver by Contacting: Franchise Tax Board Withhold at Source Unit P.O. Box 651 Sacramento, CA 95812-0651 (916) 845-4900



Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether

in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as

necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.



CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS

In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:

(a) building; (d) improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection.

This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.

2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.

3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks:

(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or

(d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.

5. Failure to pay value for Your Title. 6. Lack of a right:

(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and

(b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21.

7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws.

LIMITATIONS ON COVERED RISKS

Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.

Your Deductible Amount Our Maximum Dollar Limit of Liability

Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00

ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)

EXCLUSIONS

In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and

zoning ordinances and also laws and regulations concerning:

(a) and use

(b) improvements on the land

(c) and division

(d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.

This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date

(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks:



(a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date -- unless they appeared in the public records

(c) that result in no loss to you (d) that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 of Covered

Title Risks 4. Failure to pay value for your title.

5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR

(b) in streets, alleys, or waterways that touch your land

This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.

2006 ALTA LOAN POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE

The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,

prohibiting, or relating to

i. the occupancy, use, or enjoyment of the Land;

ii. the character, dimensions, or location of any improvement erected on the Land;

iii. the subdivision of land; or iv. environmental protection;

or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.

b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters

a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;

c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.

6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).

The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

EXCEPTIONS FROM COVERAGE

This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or

assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an



accurate and complete land survey of the Land and not shown by the Public Records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.

6. Any lien or right to a lien for services, labor or material not shown by the public records.

2006 ALTA OWNER'S POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,

prohibiting, or relating to

i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land;

iii. the subdivision of land; or iv. environmental protection;

or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.

b.Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters

a. created, suffered, assumed, or agreed to by the Insured Claimant;

b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant;

d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction

vesting the Title as shown in Schedule A, is a. a fraudulent conveyance or fraudulent transfer; or b. a preferential transfer for any reason not stated in Covered Risk 9 of this policy.

5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between

Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions

from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

EXCEPTIONS FROM COVERAGE

This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason

of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or

assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments,

or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the

Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an

accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,

claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records.

ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)

EXCLUSIONS FROM COVERAGE



The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,

attorneys' fees, or expenses that arise by reason of:

1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to

i. the occupancy, use, or enjoyment of the Land;

ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection;

or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or

limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.

b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6,

13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters

a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;

c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not

modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made

after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.

8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.

9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.

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