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75K - PH - RESO NECESSITY 2105-2109 S BRISTOL
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2106-2109 SOUTH BRISTOL STREET (PROJECT NO. 116741) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 2105-2109 South Bristol Street (APN 015-194-41) declaring the public necessity and interest therefore. DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2018, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 4, acquisition of the parcel at 2105- 2109 South Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owner and their representative for the past 15 months. A good faith offer was made on January 30, 2017, in the amount of $1,572,965 (Exhibit 2). The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in summer 2018, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 75K-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 2105-2109 S. Bristol Street. June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $1,572,965 are appropriated in the Bristol Street Improvements Project (No. 116741), Measure M2 Street Construction Fund (Account No. 03217663-66100), for transfer to the State Treasurer's Office Condemnation Deposits Fund in FY 2016-2017. Exe6utive Director Public Works Agency FM/EWG/JG/ML Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75K-2 MATCHLINE SEE BELOW RIGHT � � �99e-3'Ss•tt i ��..7 --f--�--- i i i i �3 Vag i i i ST GERTRUDE PL I j9a6.47r-u�! i I I w w CI) J m m TS�Pa 91s�199za lI- )1'.i -19•S -POI 915.194-3Q I I ! WARNER AVENUE LEGEND= 7171 /I PROPFPr! - LUL1. -'COULS1T}pH C% 1-nrou111en PwJcrnrea � I I _..i L -1- l - ST ANDREW PL _-...r,.T.--T--T a7 --7--7. 5' CARLTON PL .-T_.T._ 7 r. 7-.7..-- o Lu � I I I ? ✓ � �- i ..L---L--L-- Cn GLENWOODPL J ---�----..T..1�•- r -- --7...7_.,..- I I Cn I I all CAMDEN PL U ------------- I �Y/I I I �3T ANNE PL J i i EXHIBIT 1 MATCHLINE SEE TOP LEFT SAIUTA ANA RESOLUTION DETERMINING PUBLIC CITY COUNCIL INTEREST AND NECESSITY FI �� AGENDA 2� 201E PFOR THE ROPERTY AT 2105-2109 1SOION OF REAL UTH BRISTOL STREET V (PROJECT NO. 116741 NONGENERAL FUND) PUBLIC WORKS MENC (Strategic Plan No. 6, 10; and 3, 2CI PAGE 1 OF 1 75K-3 Bristol Street Improvements -Warner Avenue to Saint Andrew Place Parcel File No, 015.194-41 Owners of Record; Thanh Ngoc Nguyen, as trustee, or any successor trustee, under that certain declaration of trust named Thanh Ngoc Nguyen Family Trust, created by Thanh Ngoc Nguyen, as trustor, dated October 30, 2001 Additional Owner(s) of Record: N/A Property Address: 2105-2109 S, Bristol Street, Santa Ana CA 02704 This is to acknowledge receipt of the offer package containing the following items: Offer letter dated January 30, 2017 which includes,' d Fair Market Value of the Subject Property (Exhibit A) • Preliminary Report Issued by Title Company (Attachment 1) e Property Legal Description (Attachment 2) ® Statement of Just Compensation (Attachment 3) • Summary Explanation Statement (Attachment 4) m City of Santa Ana Handbook on Acquisition (Attachment 5) e Statement of Ownership (Attachment 6) • List of Improvements (Attachment 7) • Your Rights Under Title VI (Attachment 8) ► W-9 Form (Attachment 9) Please rettirn the SIGNED Receipt of OfferPackago /n the envelope enclosed. Thanh Ngoc Nguyen, Trustee Date EXHIBIT 2 75K-4 January 30, 2017 Thanh Ngoc Nguyen 2105 S. Bristol Street Santa Ana, CA 92704 CIS OF SANTA ANA 20 Civic Center Plaza P.O. Sex 1888 Santa Ana, Callfornra 92782 714-rW-5013. W .sant(bana.erQ ACTING CITY MANAGER Gerardo Mom CITY ATTORNEY :Sonia R. Camino CLERK OF THE COUNCIL Mata: D, Huizar. Via Certified Mail SUBJECT: REVISED OFFER To ACQUIRE PROPERTY AND IMPROVEMENTS PERTAINING TO REALTY ATs 2105.2109 S. BRISTOL STREET, SANTA ANA, CA 92704 APN: 015-1914-41 Dear Property Owner; This Offer supersedes all previous Offers to Acquire, The City of Santa Ana ("City") is proceeding with Its plans to construct Phase 4 of the Bristol street improvements; Project between Warner Avenue and Saint Andrew Place. The City obtained a preliminary title report that lists Thanh Ngoo Nguyen, as trustee, or any successor trustee, under that certain declaration of trust named Thanh Ngoc Nguyen Family Trust, created by Thanh Ngoc Nguyen, as trustor, dated October 30, 2001 ,to be the vested owner of the above- mentioned property as shown in Attachment 1. The City seeks to acquire the property located at the above-mentioned address, which consists of the underlying real property as described in Attachment 2. The area to be acquired is referred to herein as the "Property",. No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title, If more than one person has an interest in the Property that the City is seeking to acquire, all parties with such interest must accept this offer. Asyouknow, the City had your Property appraised by certified appraisers for the real estate as well as improvements ;pertaining to the realty to determine its fair market value. The appraisals were conducted in accordance with commonly acceptedappraisal standards and included consideration of the highest and best use of the land, Based on the appraisals, the City offers you a total compensation of $1,672,966.00. The Fair MarketValue of the Subject Property, which serves as the basis for this offer is attached as Exhibit A. This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or bath. 75K-5 2105-2109 S. Bristol Street January 30, 2017 Page 2 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3. The City of Santa Ana Acquisition Handbook provides that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 5. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Please let us know prior to March 2, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval, It is the desire of the City to acquire private property through voluntary purchase, if possible. While the City has the power of eminent domain, condemnation has not yet been authorized with respect to your property, and no decision has yet been made to use the power of eminent domain to acquire your property. 75K-6 2105-2109 S. Bristol Street January 30, 2017 Page 3 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call City's acquisition consultant, Kathy Cabanilla from Epic Land Solutions, Inc. at (310) 626-4841. Sincerely, Jason Gabriel, Principal Civil Engineer Cc: Christopher D. Peterson, Esq. 75K-7 Bristol Street Improvements --Warner Avenue to Saint Andrew Place Parcel File No. 015-194-41 Owners of Record: Thanh Ngoc Nguyen, as trustee, or any successor trustee, under that certain declaration of trust named Thanh NgocNguyen Family Trust, created by Thanh, Ngoc Nguyen, as trustor, dated October 30, 2009 Additional Owner(s) of Record: NIA Property Address: 2105-2109 S. Bristol Street, Santa Ana, CA 92704 This is to acknowledge receipt of the offer package containing the following items:. Offer letter dated January 30, 2017 which includes: g Fair Market Value of the Subject Property (Exhibit A) • Preliminary Report Issued by Title Company (Attachment 1) • Property Legal Description (Attachment 2) • Statement of .lust Compensation (Attachment 3) • Summary Explanation Statement (Attaohment4) City of Santa Ana Handbook on Acquisition (Attachment 5) + Statement of Ownership (Attachment 6) List of Improvements (Attachment 7) Your Rights Under Title A (Attachment 8) W-9 Form (Attachment 9) Please return the SIGIVEC? Receipt of Offer Package in the envelope enclosed. Thanh Ngoc Nguyen, Trustee Date 75K-8 January 30, 2417 Thanh Ngoc Nguyen 2105 S. Bristol Street Santa Ana, GA 02704 CITY OF SANTA AN, 20 Clvlo Center Pima a P,O, Box 1089: Santa Ana, California 92742 714.647-5013 M W 6sante-ena brg ACTING CITY MANAGER Gerardo Mouet CITY ATfORNEY Sonia R. Carvalho CLERK OF THE COUNCIL. `Maria D, Hulzar Via Certified Mail SUBJECT: REVISED OFFER TO ACQUIRE PROPERTY AND IMPROVEMENTS PERTAINING TO REALTY AT: 2105-2109 Sr BRISTOL STREET, BANTA. ANA, CA 92704 APN: 015-1 tJ4-41 Dear Property Owner, This Offer supersedes all previous Offers to Acquire. The City of Santa Ana ('City") is proceeding with its plans to construct Phase 4 of the Bristol Street Improvements Project between Warner Avenue and Saint Andrew Place,. The City obtained a preliminary title report that lists Thanh Ngoc Nguyen, as trustee, or any successor trustee, under that certain declaration of trust named Thanh Ngoc Nguyen Family Trust, created by Thanh Ngoc Nguyen; as trustor, dated October 30, 2001 to be the vested owner of the above- mentioned property as shown in Attachment 1. The City seeks to acquire the property located at the above-mentioned address, which consists of the underlying real property as described in Attachment 2. The area to be acquired is referred to herein as the "Property No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title, If more than one person has an interest in the Property that the City is seeking to acquire, all parties with such interest must accept this offer. As you know, the City had your Property appraised by certified appraisers for the real estate as well as improvements pertaining to the realty to determine its fair market value. The appraisals were conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. used on the appraisals, the City offers you a total compensation of $1,572,965,00. The Fair Market Value of the Subject Property, which serves as the basis for this offer is attached as Exhibit A. This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or both. 75K-9 2105-2109 S. Bristol Street January 30, 2017 Page 2 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3. The City of Santa Ana Acquisition Handbook provides that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 5. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Please let us know prior to March 2, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. It is the desire of the City to acquire private property through voluntary purchase, if possible. While the City has the power of eminent domain, condemnation has not yet been authorized with respect to your property, and no decision has yet been made to use the power of eminent domain to acquire your property. 75K-10 2105-2109 S. Bristol Street January 30, 2017 Page 3 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call City's acquisition consultant, Kathy Cabanilla from Epic Land Solutions, Inc. at (310) 626-4841. Sincerely, Jason Gabriel, Principal Civil Engineer Cc: Christopher Q. Peterson, Esq. 75K-11 EXHIBIT A Fair Market Value of the Subject Property Land and structures $1,500,000.00 (as per attached appraisal summary statement) 1. Fixtures and equipment pertaining to realty + $ 72,965.00 (as per attached inventory — see Attachment 7) 2. Total just compensation $1,572,965.00 1. The City has not made a determination as to the ownership of the Fixtures and Equipment. Landlord and tenant will need to come to an agreement as to the ownership of these items, before compensation can be withdrawn from Escrow, 2. The total just compensation offered assumes that the property is free of any environmental contaminates or other conditions which may impact fair market value. 75K-12 CLTA Preliminary Report Form . (Rev. H(06) +1 a.5i 5 k,VI ; � First E merkan rifle ATTACHMENT 1 Order Number; 0..$A-4443296 Page Number: i Updated it American Title Company 4 First American Way Santa Ana, CA 92707 Customer Reference: Order Number., OSA-4443296: (ndaa) Title Officer Solei ()vies J Ashley Aegertet- Phone: (714)250-3094 Fax NO,: 4714)913-6388 F -Mail. octitte2@firstam.com Property; 2105-2109 South grlstol Street Santa Ana, CA PRELTMLPlAV REPOPT as it Is Important to note that this -praliminary report is not a written representation as tethe condition of title and may not Inst all lfens, defects, and encumbrances affecting title tothe fond. - the issuance of a policy of Sifle e of a Policy of title Insurance, a RmtAmerican Tt'tle Page 1 of Is 75K-13 Order Numbeh OSA•444a2e6 .Page Number., 2 Dated as of August 25, 2015 at 7:30 AX The form of policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another farm or additional coverage Is desired. Title to said estate or interest at the date hereof is vested Im THANH NGQC NGUYEN, AS TRUSTEE, OR ANY SUCCESSOR.TRUSTEE, UNDER THAT CERTAIN DECLARATION OFTRUST NAMED THANH NGQC NGUYEN FAMILY TRUST, CREATED BY THANH NGQC NGUYEN, AS TRUSTOR, DATED OCTOBER 30, 2001, SUBJECTTO ITEM NOS. 11, 12 AND 13 The estate or Interest in the.land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein is described as follows: (See attached Legal pescribtiun) At the date hereof exceptions to coverage in addition to the printed Exceptionsand Exclusions in said policy form would be as follows: 1: General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. 1 The lien of supplemental taxes, If any, assessed pursuant to Chapter 3,5 commencing with Section 75 of the California Revenue and Taxation Code. 3, An easement shown or dedicated on the Map as referred to in the legal description For: PUBLIC UTILITIES and incidental purposes. 41 Covenants,_ conditions, restrictions and easements in the document recorded as HOOK 1750 PAGE 154of Official Records, which provide that a violation thereof shall not defeat or render Invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a -preference; limitation or discrimination based on race, color, religion, sex, sexual orientation, familial steals, disability, handicap, national origin, genetic Information, gender, gender identity, gender expression, source of income (as defined in California Government Code § 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.G. § 3604(c) or California Government code § 12955, 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 FhstAmerican Tile Page 2 of is 75K-14 OrderNumbet OSA-4443286 Page Number; 3 Document(s) declaring hiodlfications thereof recorded as BOOK 17b2 PAGE 4Q4 AND BOOK 4467 PAGE 433, BOTH of Official Records; 6, An easement for EITHER OR BOTH POLE LINES, CONDUITS and Incidental purposes in the document recorded as BOOK 1750 PAGE 154 of official Records. 6. An easement for EITHER OR BOTH POLE LINES, CONDUITS and incidental purposes in the document recorded as BOOK 1634 PAGE 516 of Ofticlal Records. 7. An easement for EITHER OR BOTH POLE LINES, CONDUITS and Incidental purposes in the - document Recorded as BOOK 1646 PAGE 155 of Official Records. 8. An agreementor covenant to hold land as one parcel recorded December 05, 1985 as INSTRUMENT No, 85-488047 of Official Records. 91 An agreement or covenant to hold land as one.. parcel recorded February 03, 1986 as INSTRUMENT NO. 86-46712 of official Records, 10. An easement for PUBLIC STREET PURPOSES and Incidental purposes, recorded MARCH 5, 1986 as INSTRUMENT NO. 86-88430 of Official Records, In Favor of THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION Affects: AS DESCRIBED THEREIN It. The -effect of a deed elated December 01, 2011, executed by THANH NGOC NGUYEN, AS TRUSTEE, OR ANY SUCCESSOR TRUSTEE, UNDER THAT CERTAIN DECLARATION OF TRUST NAMED THANH NGOC NGUYEN FAMILY TRU5f, CREATED 6Y THANH NGOC NGUYEN, AS TRUSTOR, DATED -OCTOBER 30, 2001, as Grantor, to THANH NGOC NGUYEN, as Grantee, recorded MARCH 7, 2012; as INSTRUMENT No, 12-128878 of Official Records. The requirement that this office he furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein, NOTE: Unable to verify If the above referenced "uninsured'" deed is a valid transfer. 12, The effect of a deed dated November 17, 2032, executed by THANH NGOC NGUYEN, AS TRUSTEE, OR ANY SUCCESSOR TRUSTEE, UNDER THAT CERTAIN DECLARATION OF TRUST NAMED THANH NGOC NGUYEN FAMILY TRUST, CREATED BY THANH NGOC NGUYEN, AS TRUSTOR, DATED OCTOBER 30, 2001, as Grantor, to 12620 BROOKHURST, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, as Grantee, recorded JANUARY 14, 2013, as INSTRUMENT NO, 13-2682Q of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no rather agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify If the abovereferenced "uninsured" deed is valid transfer, 13. The effect of a deed dated November 17, 2012, executed by BAN BINH BUT, AS TRUSTEE, OR ANY SUCCESSOR TRUSTEE, UNDER THAT CERTAIN DECLARATION OF TRUST NAMED BAN BINH BUT FAMILY TRUST, CREATED BY BAN BINH BUT, AS TRUSTOR, DATED OCTOBER 30, 2001, as Grantor, to 12620 BROOKHURST, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, as Grantee, recorded JANUARY 14, 2013, as INSTRUMENT NO. 13-26821 of Official Records, fiistAmerican TUe Page 3 of 15 75K-15 Order Number: OSA-4443296 Page Number: 4 The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein, NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 14. Any defects, liens, encumbrances or other matters which name parties with the same or similar names as THANH NGOC NGUYEN. The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or commitment, we will require a statement of information. 15. Any defects, liens, encumbrances or other matters which name parties with the same or similar names as NGUYEN TRUST. The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or commitment, we will require further documentation regarding the entity in question. 16. Any right, title or Interest of the spouse (if any) of THANH NGOC NGUYEN. 17. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require; 18. A deed from the spouse (if any) of TFIANFI NGOC NGUYEN be recorded in the public records, or the joinder of the spouse named herein on any conveyance, encumbrance or lease to be executed by said married person. The deed should contain the following statement: "It is the express intent of the grantor, being the spouse of the grantee, to convey all right, title and interest of the grantor, community or otherwise, in and to the herein described property to the grantee as Itis/her sole and separate property." 19. With respect to 12620 BROOKHURST, LLC, a california limited liability company: a. A copy of its operating agreement and any amendments thereto; In, If it is a California limited liability company, that 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 -].0) be recorded in the public records; c, If it is a foreign limited liability company, that a certified copy of its application for registration (LLC -5) be recorded in the public records; d. 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, that such document or instrument 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 document 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. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require FirstAmerlcan Title Page 4 of 1.5 75K-16 Order Number OSA-4443296 Page Number; 5 20. With respect to the trust referred to in the vesting: a. A certlficatlon pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b, 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. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 21. With respect to BAN BINH BUI, AS TRUSTEE, OR ANY SUCCESSOR TRUSTEE, UNDER THAT CERTAIN DECLARATION OF TRUST NAMED BAN BINH BUI FAMILY TRUST, CREATED BY BAN BINK BUI, AS TRUSTOR, DATED OCTOBER 30, 2001 : a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b. 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. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. FlrstAmerlcan Title Page 5 of 15 75K-17 Order Number: OSA-4443296 Page Number: 6 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 2. 3. 4. 5. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $4,664.81, PAID Penalty: $0.00 Second Installment: $4,664.81, PAID Penalty: $o.00 Tax Rate Area: 11-101 A. P. No.: 015-194.41 Supplemental taxes for the fiscal year 2014.2015 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $32.47, PAID $0.00 $32.46, PAID W1 PEN $26.25 I1-101 015-194-41.0100 According to the latest available equalized assessment roll In the office of the county tax assessor, there is located on the land a(n) COMMERCIAL STRUCTURE known as 2105-2109 SOUTH BRISTOL STREET, SANTA ANA, CA. 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 We find no open deeds of trust. Escrow please confirm before closing. The map attached, If any, may or may not be a survey of the land depicted hereon. First American 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. FrstAmerican Title Page 6 of 15 75K-18 Order Number; USA -4449286 PageNum4en 8 LEGAL DE5GI11PTION Real property in the City of Santa Ana, County of Orange, State of California,described as follows: LOTS 195 AND 199 OF TRACT NO, 11.92, AS PER MAP RECORDED IN BOOK 39 PAGES 16 AND 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APNt015-194-41 Fiis'tAmerlcan r/Ne Page of 15.. 75K-19 Order Number: OSA-4443296 Page Number: 9 L � _w m ® f ;e � le / . __ § �w•. - mg gw •\ :lr . g „g , g„g /!!•y a © o 'o~ ¥ Order Number: OSA-4443296 Page Number: 9 L � _w m ;e � le / )!< § �w•. \\ I +. Tel � ƒ . FirstAfneilcan Pago 9 of 1.9 75K-20 ;e �a le / 0 I +. Tel � ƒ . FirstAfneilcan Pago 9 of 1.9 75K-20 ATTACHMENT LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: LOTS 198 AND 199 OF TRACT NO. 1192, AS PER MAP RECORDED IN BOOK N PAGES 16 AND 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APN: 015-194-41 75K-21 ATTACHMENT STATEMENT OF NST COMPENSATION Assessor's Parcel: 015-194-41 Property Owner: Thanh Ngoc Nguyen, as trustee or any successor trustee, under that certain declaration of trust named Thanh Ngoc Nguyen Family Trust, created by Thanh Ngoc Nguyen, as trustor, dated October 30, 2001, Property Address: 2105-2109 South Bristol Street Santa Ana, California Location of Parent East side of Bristol Sheet, beginning 60-E feet south of Saint Gertrude Place, within Property: the corporate limits of the City of Santa Ana. Description of The property is presently improved with a commercial office building of wood Parent Property: fi•ame and stucco construction. The building contains 3,255 square feet; and was originally constructed in 1986. Other appurtenant on-site improvements located within the boundaries of the subject parcel include concrete paving, tile surfacing, concrete block walls, wrought iron fencing, business sign, concrete curbing, metal frame light standards, concrete auto stops, marked automobile parking spaces, inground irrigation system, and ornamental landscaping. Overall condition of the subject improvements is rated average -good, considering the age. The development is situated on a parcel containing 11,402 square feet of land area. Zoning: Bristol Street Corridor Specific Plan. The property has been considered and appraised ander the previous zone classification of C-5 (arterial commercial) as a means of avoiding project influence. Topography: Effectively level topography. Utilities: In place at site. Highest and Best Highest and best use is defined as the reasonably probable and legal use of land, Use: which is legally permissible, physically possible, and financially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. The results of the highest and best use analysis are: As if Vacant: Commercial development. As improved: Existing use. Date of Value: December 7, 2016 Public Use for Bristol Street Improvement Project. Property: Estate to be Fee simple acquisition of entire subject property, 75K-22 STATEMENT OF JUST COMPENSATION Acquired: Legal Description: Lot 198, Tract No. 1192, per map recorded in Book 39, Page 17 of Maps, in the office of the County Recorder, County of Orange, California. Area to be 11,402 square feet of land area (full acquisition). Acquired: Market Value: $1,500,000. Summary of the Basis for Just Compensation There are three conventional methods (approaches) which can be utilized to estimate value. They are the Sales Comparison Approach, Cost -Summation Approach, and Income Capitalization Approach, The Sales Comparison Approach and Income Capitalization approach have been applied to the subject property. The Cost -Summation Approach is without meaningful application in the subject case due to the age of die existing improvements and resultant difficulty in accurately estimating accrued depreciation. Further, market participants rarely rely on the Cost-Sununation Approach when making buy -sell decisions. Stiles Comparison Approach, The Sales Comparison Approach takes into account properties which have sold in the open market. This approach, whether applied to vacant or unproved property, is based on the Principle of Substitution, which states, "The maximum value of a property tends to be set by the cost of acquiring an equally desirable substitute property, assuming no costly delay is encountered in making the substitution." Thus, the Sales Comparison Approach attempts to equate the subject property with sale properties by analyzing and weighing the various elements of comparability. The Sales Comparison Approach has been applied to the subject property after an investigation and analysis was conducted of improved commercial office building properties located within the immediate and general subject market area. Following is a summary of those sales considered helpful when estimating the value of the subject property as presently improved. 75K-23 Land Size Corner Zoning Land/Bldg. $/SF Land Data Date Bldg Size Built Const'n. Ratio Sale Price OF Bldg. 1. 5-16 7,500 sf no CO 2.63:1 $ 900,000. $120.00 2,856 sf 1988 fin./stue. $315.13 10952 Reagan Street, Los Alamitos 2. 6-16 12,073 sf yes PC 3.54:1 $1,200,000. $ 99.40 3,413 sf 1948 fico./stuc. $351.60 9242 Walker Street, Cypress 3. 7-16 7,125 sf yes C-1 3.18:1 $1,025,000. $143.86 2,242 sf 1961 frm./stuc. $457.18 1545 Nutmeg Place, Costa Mesa 4, 8-16 8,771 sf no OTMU-15S 3.18:1 $2,225,000. $253.68 2,760 sf 1914 wd. fi7n. $806.16 615 East Chapman Avenue, Orange 75K-23 5. 9-16 22,945 sf no CG 6.20:1 $1,650,000. $ 71.91 3,700 sf 1973 fiat./stuc. $445.95 6042 Bolsa Avenue, Huntington Beach 6. 9-16 6,450 sf no O -P 2.90:1 $1,050,000. $162.79 2,224 sf 1921 frm./stuc. $472.12 924 East Chapman Avenue, Orange The improved properties surveyed contahr buildings ranging in size from 2,224 to 3,700 square feet. The buildings were constructed between 1914 and 1988, and are situated on parcels ranging in size fi•om 6,450 to 22,945 square feet of land area. The sale properties employed herein represent the most recent comparable improved sale properties available for analysis. Due to the lack of a representative number of reasonably comparable improved commercial properties having recently sold within the immediate subject market area, it was necessary to expand the geographic search area to include the greater Orange County region. Particular consideration has been assigned to general location and immediate environmental influences in the analysis of the sale properties employed herein. The purchase price per square foot of building area has been utilized as the primary unit of analysis in the Sales Comparison Approach inasmuch as it is widely used among market participants. The overall purchase prices range from $900,000 to $2,225,000, reflecting $315.13 to $806.16 per square foot of building area. All of the sales employed herein conveyed title to the foe simple interest, and represent arm's-length transactions. Financing terms of each sale were typical of the subject market area. Adjustments are not warranted for property rights conveyed, conditions of sale, or financing terms. Certain of the improved sales data considered extended over a time period back to the second quarter of 2016. The time frame permitted the development of a rather comprehensive real estate market profile. The sales employed in this report are set forth in chronological order, and took place between May, 2016 and September, 2016, inasmuch as the sales took place during stable market conditions, adjustments for same are not warranted. After viewing each of the sale properties, and obtaining certain information pertinent to value, the appraiser analyzed the various elements of comparability for each sale property which, among others, include the following: General location. Immediate environmental influences. Zoning. Vehicular and pedestrian access. Vehicular and pedestrian traffic. Building size/features. Building age and condition. Construction type and quality. Availability of public alley. Overall develepability. Site frontage/depth ratio. Site prominence and exposure. Proximity to freeway. Building remodeling, if any. On-site parking capacity. Extent of other on-site improvements. A Relative Comparison Analysis (RCA) has been conducted between the individual comparable properties and the subject property. The RCA is a qualitative technique for analyzing comparable sales, and is a valuable tool employed to illustrate whether the characteristics of a comparable property are inferior, superior, or similar to those of the property under appraisement. 75K-24 The Relative Comparison Analysis is similar to paired data analysis without the use of arbitrary or unsupportable quantitative adjustments. This technique acknowledges the imperfect nature of the subject real estate market. The primary objective is to bracket the subject property between the comparable sales with respect to the similarity, superiority, and inferiority thereof. Superior elements of comparability of an individual sale property would reflect a downward adjustment to the value indication thereof. Conversely, inferior elements suggest an upward adjustment. Additionally, it is important to note that the above elements of comparability were not assigned equal weight in making the analysis of each property. The general location, immediate environmental influences, land size, building size and features, building age/condition, as well as site prominence/exposure were considered the most important factors in the subject case. Overall marketability of each sale property was also considered. Marketability is the practical aspect of selling a property in view of all the elements constituting value, and certain economic and financing conditions prevailing as of the date of sale. Allowance was made for these factors when considered applicable. Another important factor considered in analyzing the overall purchase price per square foot of building area is that of the land/builduig area ratio. The sale properties have ratios ranging between 2.63:1 and 6.20:], The subject property has a ratio of 3.50:1. All of the sale transactions employed herein were considered helpful in the valuation analysis of the subject property. Following is a summary relating the overall comparability of fire individual sale properties to the subject site: After considering the various elements of comparability, as well as economic and financial conditions prevailing during the consummation of the various sale properties, as compared to current market conditions, it is the appraiser's opinion that the value of the subject property is estimated as follows: Building: 3,255 SF @ $465.00 = $1,513,575. Inasmuch as the subject property is an improved property, and would be acquired for the utility and/or income producing capability of the building improvements, the value indication produced by the building factor has been assigned the most weight. The value of the subject property, as presently improved, and as indicated by the Sales Comparison Approach, is adjusted to $1,515,000. Income Capitalization Approach: The Income Capitalization Approach is based on the capitalization of net income generated, or capable of being generated, by the subject property. The net operating income is the product of the estimated gross rental income, less allowances for long tern vacancy/credit loss and various expense charges. The income/expense pro forma set forth herein is intended to reflect a typical stabilized holding period. 75K-25 Overall $ Per Data Cornnarability SF Bldg. 1 inferior $315.13 2 inferior $351.60 5 slightly inferior $445.95 3 similar $457.18 Subject - - - - $465.00 6 similar $472.12 4 superior $806.16 After considering the various elements of comparability, as well as economic and financial conditions prevailing during the consummation of the various sale properties, as compared to current market conditions, it is the appraiser's opinion that the value of the subject property is estimated as follows: Building: 3,255 SF @ $465.00 = $1,513,575. Inasmuch as the subject property is an improved property, and would be acquired for the utility and/or income producing capability of the building improvements, the value indication produced by the building factor has been assigned the most weight. The value of the subject property, as presently improved, and as indicated by the Sales Comparison Approach, is adjusted to $1,515,000. Income Capitalization Approach: The Income Capitalization Approach is based on the capitalization of net income generated, or capable of being generated, by the subject property. The net operating income is the product of the estimated gross rental income, less allowances for long tern vacancy/credit loss and various expense charges. The income/expense pro forma set forth herein is intended to reflect a typical stabilized holding period. 75K-25 Following is the income and expense schedule considered applicable to the subject property. Main building 3,255 SF @ $2.20 = $7,161. Total gross annual income: $7,161 x 12 = $85,932. Vacancy and credit loss (3.0%): - 2.578. Effective gross annual income: $83,354. Annual expenses: $/SF %EGI Real estate taxes (by tenant): $0.00 0.0% $ 00. Insurance (by tenant): 0.00 0.0% 00. Management (3%): 0.77 3.0% 2,500. Legal and accounting: 0.14 0.6% 450. Maintenance/repairs: 0.77 3A°° 2,500. $1.68 6.5% Total annual expenses: - 5,450. Net annual operating income: $77,904. Capitalization of net income: $77,904 capitalized at 5,25% _ Reconciliation.- Value econciliation:Value indicated by Sales Comparison Approach: Value indicated by Cost -Summation Approach: Value indicated by Income Capitalization Approach: Final Estimate of Marlret Valne: $1,483,886. Adjusted: $1,485,000. $1,515,000, Not applicable. $1,485,000, Based on the foregoing, as well as the valuation analysis set forth in the appr'aiser's file, the market value of the unencumbered fee simple interest in the subject property, exclusive of non -realty fixtures/equipment, as of the date of value employed herein, and adjusting toward the upper range of value, is estimated at $1,500,000. 75K-26 ATTACHMENT 4 SUMMARY EXPLANATION STATEMENT You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property ba accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements have been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the full amount believed by the City to be just compensation for the property taken; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for doing so, nor obliged to sell, and a buyer, •being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other will full knowledge of all the uses and purposes for which the property is reasonably adaptable and available," e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 4. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 75K-27 ATTACHMENT CITY OF SANTA ANA Public Works Agency Q Civic Center Plaza M-36 Santa Ana, CA 92702 75K-28 Dear Property Owner; Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State Legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquned are treated fairly and consistently. This Handbook provides a brief surmnary of the City's acquisition procedures and various laws it is not intended to give a complete statement of all state or federal laws and regulations pertaining to the purchase of your property for a public use, 'technical legal definitions or any form of legal advice. Recipients of offer letters from the City should be aware that such laws and procedures are subject to change by future legislation and/or court decisions. In the event the City decides to proceed with the proposed acquisition, City's acquisition consultant will contact you. 75K-29 TABLE OF CONTENTS PAGE WHY IS MY PROPERTY REQUIRED? I WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? I WHO MAKES THE DECISION TO BUY MY PROPERTY? I HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? 1 WHAT IS FAIR MARKET VALUE? I HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION 2 OF ]UST COMPENSATION? CAN I GET AN APPRAISAL? 3 MUST I ACCEPT THE CITY'S INITIAL OFFER? 3 MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT THE CITY'S OFFER, PLOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER? 4 WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? 4 WILL I HAVE TO PAY ANY SETTLEMENT COSTS? 5 MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? 5 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? 6 WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? 6 HOW SOON MUST I MOVE? 6 AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? 6 I AM A VETERAN, HOW ABOUT MY GI LOAN? 7 MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WHAT IF I HAVE OTHER QUESTIONS ABOUT THE PROCESS? 7 75K-30 WHY IS MY PROPERTY REQUIRED? The City of Santa Ana, Public Works Agency (the City), has deternuned that your property may be required for the improvements of Bristol Street. WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? Every public agency has certain powers that are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain. The rights of each of res are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of wbich are explained in this brochure, WHO MAKES THE DECISION TO BUY MY PROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain lite views of interested citizens. HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? Before making you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property values will do the appraisal. The appraiser will inspect your property and state his or her professional opinion of its current fair market value in an appraisal report. The City is required to offer you "just compensation" for your property, This amount cannot be less than the fair market value of your property, as determined by the City on the basis of its approved appraisal. WHAT IS FAIR MARKET VALUE? The fair market value of real property being taken for a public project is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but ander no particular or argent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. 75K-31 HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: • How it compares with similar properties in the area that have been sold recently. • How much it would cost to reproduce the buildings and other shuctures, less any depreciation, • How much rental income it could produce after expenses and how investors typically value that income. WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? YES. You must be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors; • The amount of work required to appraise your property, • The availability of funding; and • Possible project delays caused by factors outside the control of the City. Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acgtth'e your property for the full amount determined to be just compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not initiate negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include: • The recognized definition of the term "fair market value" or the equivalent term. 75K-32 • The date of valuation, highest and best use, and applicable zoning of property. • An accurate description of the property to be acquired, • A list of the improvements covered by the offer. • The principal transactions, reproduction or replacerrrent cost analysis, or capitalization analysis, supporting the determination of value. • The amount of the offer. • Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. • An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subject to the following conditions; • You may order your own independent appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select must be licensed with the California State Office of Real Estate Appraisers (OREA), • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of your independent appraisal. • Appraisal cost reimbursement requests must be made in writing and submitted to the City ojSanta Ana, Public Works Agency, 20 Civic Center Plaza M-36, Sauta Ana, CA 92702, within ninety days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. MUST 1 ACCEPT THE CITY'S INITIAL OFFER? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer, The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal). When fully justified by the available evidence of value, the City may make a revised offer. MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? YES. You may have an attorney or anyone else represent you during you negotiations with the City. If you choose to have representation during the negotiations, please so inform the City in writing. You will be responsible to pay the costs of any such representation. 75K-33 IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? If you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about ninety (90) days after the City signs the Purchase Agreement. If the title evidence obtained by the City indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (Title evidence is a legal record of ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other ins hvments affecting your ownership of the property.) WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE CITY? If you and the City are unable to reach an agreement through negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the property or abandon its intention to acquire the property. In the latter case, the City will give you notice of its decision as provided by law. WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? The power of eminent domain may only be exercised if. 1) the public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions. The City may only file a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution mast be adopted at a public hearing, of which the owner(s) of the property will receive written notice at least 15 days in advance of the hearing. After the hearing, assuming need and necessity has been substantiated and determined, the City can file a condemnation suit. During the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your property, The City will have the same right. After hearing the evidence of all parties, the court or a jury will determine the amount of just compensation to which you are entitled. In the State of California, a property owner and the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a jury trial, a judge can determine just compensation. To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of these professional services and other costs that you incur in presenting your case to the court are your responsibility unless the court orders that you are to be reimbursed for yew, litigation expenses. WHAT IS AN ORDER OF POSSESSION? An order of possession is a process within a condemnation action that allows the City to have the possession of your property prior to a negotiated settlement or an award of just compensation in 75K-34 court. This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City must deposit with the court an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownership problems. A withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the difference plus any interest and costs as provided by law. WILL I HAVE TO PAY ANY SETTLEMENT COSTS? If you and the City enter into an agreement for the City's purchase of your property, you will not be responsible for the reasonable and necessary costs of'. Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the City. Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith. Real property taxes covering the period after the City acquires your property. Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at that time. If you later discover other costs for which you should be repaid, you should request repayment from the City within six months after the acquisition. City will assist you in processing your claim for these costs. If there are loans or other liens and encumbrances against the property, you will be responsible for paying thein from the purchase price being paid to you by the City. MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? Sometimes improvements may exist on a property, which are not required by the City. If you wish to keep any of the improvements, please let your Acquisition Agent know. I£ you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) If you arrange to keep any improvement pertaining to the property, you will not be entitled to receive a relocation payment for the cost of moving it to a new location. 75K-35 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? YES. But, if the purchase of only a part of your property seduces the value of the remaining part(s), you must be paid for the loss in value (offset by any special benefits accruing to the remainder resulting from the new public improvements). Also, under those circumstances, if any remaining part would have little or no utility or value to you, the City will offer to buy that remaining part if you so desire. WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? If you (or your tenant) wish to remain in the property after acquisition for a short term or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fair rental value of the property to a short-term occupier or the prorated portion of the fair rental value for a typical rental period, However, the amount of rent to be paid by your or your tenant shall be within your financial means or your tenant's financial means, as the case may be. HOW SOON MUST I MOVE? If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. You cannot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if you are being displaced from your residence, a decent, safe and salutary replacement property must be available before you can be required to move. AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on the property or on the remainder if the property being acquired is part of a larger parcel. Code of Civil Procedure Section § 1263.510 Loss of Goodwill Compensation Basis: (a) The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of the following: (1) The loss is caused by the, taking of the property or the injury to the remainder. (2) The loss cannot reasonably be preverited by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code, 75K-36 (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, "goodwill' consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage I AM A VETERAN, HOW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office. MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I PAY CAPITAL GAINS TAX ON THE INCREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances. Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is available from the IRS. It explains how the Federal income tax would apply to a gain or loss resulting from the condensation of real property or its sale under the threat of condemnation for public purposes. To fully understand the income tax consequences relating to the condemnation of your property, you should consult with your personal tax advisor. 75K-37 ATTACHMENT 6 STATEMENT OF OWNERSHIP PERSONAL PROPERTY, TENANT IMPROVEMENTS, FIXTURES AND EQUIPMENT PARCEL NO.: PROJECT: CCU: TENANT'S NAME: ADDRESS: CITY/STATE/ZIP CODE: The undersigned tenant agrees that the items listed on the attached inventory are owned by him or her. Date: Tenant PROPERTY OWNER'S NAME: ADDRESS: CITY/STATE/ZIP CODE: The undersigned tenant agrees that the items listed on the attached inventory are owned by him or her. Property Owner Date: Please have each signature on this document notarized. 75K-38 I ATTACHMENT THANl1 NGOC NGUYEN, DMA, INC. & ELEGANCE (SIDE BUSINESS) IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE - OCTOBER 15, 2015 Fair Market Item Value in No, Qty, Description Place I I Hand-written letter sign, 8" high, "Elegance", window $40 painted 2 1 Channel letter sign, 20" high, metal cabinet, interior 9,100 illumination, plastic fnsoia, metal trim cap, "Dentistry/ Mia Kboa/ Dentista", wall -mounted 3 1 Monument sign, 8'x 51, dual -sided, metal cabinet, plastic 6,600 fascia, plastic letters, "Trung Tam Nha IChoe/ Dentists, etc.", brick pedestal mounted, 74" x 28" x 25" 4 22 Linear feet of built-in reception desk/ service counter, 6,000 24" deep, laminate, wall partition supports, 16" deep top counter, including top window panel, wood frame, glass inlets, 8' wide x 56" high, 2 horizontal sliding windows, 1- 4' x 31, 1- Tx 3', wood flame, I window, 2'x 3' 5 1 Alarm system, Honeywell, consisting of:' 560 1 Control panel 1 Code pad 4 Motion sensbrs 1 Roof hatch contact 6 22 Linear feet of built-in reception counter, 40" high x 3,700 24" deep, laminate on wood construction, 16" deep service counter, 24" deep desktop, I pedestal, 24" wide, 3 -drawer, laminate, electrical 7 3 Surveillance cameras, manufacturer and model no. not 725 available, infrared type ' 8 199 Square feet of horizontal window blinds, 2" vinyl 775 9 1 X-ray developer desktop, 36" x 20", laminate 10 1 Wall shelf, 26" x 10", laminate 75K-39 75 20 THANH NGOC NGUYEN, DMD, INC. & ELEGANCE (SIDE BUSINESS) IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE - OCTOBER 15, 2015 Fair Market Item Value in No. Qty, Description Place 11 1 Water connection nozzle for x-ray develop, chronic, 315 plumbing 12 12 Linear feet of wall shelving, 12" deep, laminate, with 105 brackets 13 21 Linear feet of laboratory work gounter, 24" deep, 2,700 laminate, 4" high backsplash, 2 drop-in sinks, 18" x 7" x 17", stainless steel, single mixing faucet, plumbing, 1 lower pedestal, 6' wide, laminate, 3 -door, I.5' wide, laminate, 2 -door, 4 -drawer 14 1 Water fountain, Halsey Taylor, 18" wide, stainless steel, 750 plumbing 15 1 Ceiling television mount, metal 160 16 2 Operatory/ dental base cabinets, 68" x 21 ", laminate on 1,250 wood, 4" high backsplash, 2 -door, 4 -drawer 17 5 Operatory/ dental sink cabinets, 66" x 21 ", laminate on 9,600 wood, 4" high backsplash, 1 drop-in sink, 15" x 6" x 9", enamel on metal, single mixing faucet, 2 -door, 4 -drawer, plumbing 18 6 Wall cabinets, 60" x 30", laminate, 4 -door 2,875 19 144 Square feet of lead wall lining for x-ray radiation 1,825 protection 20 4 Shelves, 4'x 10", laminate, wall -mounted 140 21 4 Shelves, 2'x P, laminate, wall -mounted 70 22 1 Wall shelving unit, 10'x 8'x 5", 17 -tier 890 2 75K-40 THANH NGOC NGUYEN, DMD, INC. & ELEGANCE (SIDE BUSINESS) IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE- OCTOBER 15, 2015 35 1 Water heater, assumed to be 40 gallon, natural gas, with 900 water fi Iter 3 75K-41 Fair Market ltern Value in No. Qty, Description Place 23 16 Linear feet of wall shelf, 1' deep, laminate 140 24 8 Linear feet of wall shelf, 8" deep, laminate 60 25 1 Base cabinet, 5'x 2', 2 -door, 3 -drawer, laminate, with 1,650 stainless steel sink, 14" x 16", single mixing faucet 26 1 Base cabinet, 67" x 2', 2 -door, 3 -drawer, laminate, with 1,375 porcelain sink, 19" x 13", single mixing faucet 27 1 Wall cabinet, 5'x 30" x P, 4 -door 450 28 1 Base cabinet, 64" x Tx 22", laminate, 2 -door, 3 -drawer, 1,750 with porcelain sink, 19" x 13", single mixing faucet, plumbing 29 1 Wall cabinet, 5'x 32" x P, laminate, 4 -door 465 30 1 Base cabinet, 9'x 3', laminate, 4 -door, 4 -drawer, with 2,350 stainless steel sink, 15" x 14", single mixing faucet, plumbing 31 1 Lot of electrical connections for 5 operatory/ dental 1,750 chairs 32 1 Lot of subterranean dental process piping to 13 opexatory 9,100 stations, assumed to be 3/4" copper, 3 lines for water, copper and vacuum suction, including jockey boxes and connections to 5 dental chairs 33 1 Lot of setup, installation, wall mounting and electrical 2,000 34 1 Lot of electrical setup and installation for dental vacuum 775 and air compressor 35 1 Water heater, assumed to be 40 gallon, natural gas, with 900 water fi Iter 3 75K-41 i TFIANFI NGOC NGUYEN, DMD, INC. & ELEGANCE (SIDE BUSINESS) IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE - OCTOBER 15, 2015 Fair Madcet Item Value in No. Qty. Description Place 36 1 Lot of data cabling, computer networking and Voip 1,925 cabling, including dual wall jacks TOTAL IMPROVEMENTS PERTAINING TO THE MALTY $72,965 Note: The following leasehold improvements were installed by the lessee. They are included in the related real estate appraisal report; therefore, they are not included herein in order to avoid duplication of compensation. • Interior wall partitioning and doors • Floor covering 4 75K-42 Epic Land Solutions, Inc. 2601 Airport Drive, Suite 1.30 Terrance, CA90SOS Phoney (3 10) 986-2960 Fait (310) 891-3348 CITY OF MANTA ANA TITLE W INFORMATION PACKAGE L ! � The project proposed by the agency listed above will be receiving federal financial assistance; Pursuant to Title VI of the 0ivil Rights Act of 19,64, no person in the United States shall, on the ,ground's of race, calor, or national orighi, be excluded from participation in, be denied the benefits of,. or be subjected to discriminatiou under aay ptdg am or activity reccivipg Federal financial assistance. i?t7iet statutes provide protection against discrimination on tb&basis of sex, age or disability. The Inclosed Title V1 Package is being provided for your information to further explain your tights. Tho Package includes the followiug documents; • Title VI33ooklet r Title Vi of the 1964 Civil Rights Act and Related Statutes • Right of Way Title, VI Stuvey, Form with Self -Addressed Stamped Envelope • Right of Way Title VIIiiscrimination Complaint Form The U.S, Department of Commerce Census Bureau, Language Identification Flashcard It is requested the Right of Way Title V1 Strrveyy forts be completed and ictunred in the self- addressed selfaddressed stamped envelope. If you read or speak a language different than English, please write your name and address on, the top of the page and check the appropiatcbox on the Language Identification Flasheavd; or, if you believe yon -have been subjected to discrimination, please till out the Right of Clay Title V1 Discrimination Complaint form and rerun to the following: Jason Gabriel Principle Civil Engineer City of Santa Ana 20 Civic Center Plaza -36 Santa Ana, CA 92702 CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD www,EpicLand.com 75K-43 I U, W LU > �_ M4 6 n qo�<h W A©�{iu 6444 a� j H ;A s o cu I%T M >L- L p >o W Q 2 o opp ;� w F •00 H '^ N O fesf[[ U W phi aC.om (��[ why E mw �{1O�n N o vY Q M in Q? m M VE"1 0. N O. R F M N u u UUVI K4G W N � }"0 ❑W �.Wv 62W VK� 0 L 5 O v J � C p .S mr r. vao` rd c N_ V V m iJ M U V O O Y U_ U b N � w � �. � � y. N W V•W AA iLLj, M ll M1 0 �_ A 6 Y o qo�<h W A©�{iu 6444 75<K- I u .z ? N �U ®ai y`a '� 41 bl Ci .1J Y Ps c o t3 L •2 a N s s o N tFo m " 4" St S w ° _ ft w 75K-45 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Page 1 of NONDISCRIMINATION STATUTES • Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that: "No person in the United States shall, on the ground of race, color, or national origin, he excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) • The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides: "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 U.S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) • The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary's authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, andrequires necessary action to ensure compliance. • The 1973 Federal,aid Highway Act, 23 U.S.C. 324, provides: "No person shall on the ground of sex be excluded from participation in, be dented the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title." (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX) • The Civil Rights Restoration Act of 1987, P.L. I00-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THP NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) • The Uniform Relocation Act Amendments of 1987, P.L. 101-246, provides: "Far fait', uniform, and equitable treatment of ail affected persons; ...(and) minimizing the adverse impact o C displacement ... (to maintain)... the economic and social well-being of conmmnitics; and ... to establish a lead agency and allow for State certification and implementation." (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WhIICIii CAUSE DISPLACEMENT) 75K-46 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page2of2 • The Americans with Disabilities Act, P.L. 101-336, provides: "No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government." (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) • The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C, by adding two new sections that provided: "(b) For the proposes of this section, t'he terra °make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship, (c) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment under color of State law." • Title VIII of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that: "(I) It shall be unlawful... to refuse to sell or rent atter the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, of otherwise make unavailable or deny a dwelling to any person because of race, calor, religion or national in " (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING — HUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) • The National Environmental Policy Act of 1969, 42 U.S.C. 4321 Requires the consideration of alternatives, Including the "no.bn(ld" alternative, consideration of social, environmcntat and economic impacts, public involvement, and use of a systematic interdisciplinary approach at cacti decision making stage of Federal -aid project development. • Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances. • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: "(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Publication No. FHWA-HCR-06-006 75K-47 TITLE VI SURVEY PERSONAE INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form, The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. Expenditure Authorization (EA) NON-DISCRIMINATION All persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the iterns below which best describe you and return this form in the enclosed envelope, Tile furnishing of this information is voluntary. Head of household: Male Female Age: _ Under 40 _ 41-65 ^ Over 65 Race/Ethnicity: _ White _ American Tribe Black Pacific Islander _Flispanie _ Other Asian Language spoken, if other than English: Specify: Are you or any member of your household suffering any physical disability or medical condition? --Yes —No Are you a low-income family? Enclosure _Yes _No 75K-48 TITLE VI DISCRIMINATION COMPLAINT PURSONALINFORMATION NOTIO[ Pti snahl to the Federal Privaoy Act (RL. 03.879) and the Infmmallen Practices Ad of 1977 (Cindf Code Sections 1990 , of see.), notice Is hereby acre for the redirect of personal infmmallon by thin form. The requested personal Information is voluntary, The principal purpose ofthe voluntary, Information is to mandate the processing ofthle Point. The failure to provide all or any part or the requested Information may delay processing of this form. No disclosure of personal Influential will be made unless parrelasible under Article A, Caoellnn 1798.24 of the IPA of 1!177. Each ImlMdual has the east upon request and proper identifleslion, to Inspect all personal information In any record malreciredenthe indivldutdil au idenlilNnq padic 1 DI t y' q Itl f tl el tie aeroto your IPA Office Dist Co Rte Post BASIS OF DISCRIMINATION ❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SkrX ❑ Diale lity [] Low -Income [] Nan-P;nglish Speaker Provide datc(s) and place of alleged discrimination Ueseribe the nature ofthe action, decision, or conditions of the alleged discrimination (Attach Extra Page. UNecessary) Name of individuals (iCKnmvn) responsible For the action, decision of condition of alleged discrimination Provide supporting information known to complainant in suppnrt of his/her allegation Identify possible witnesses whom the complainant believes can provide factual in formation aboutlhis allegation State the action requested by complainant signattn'c use of the Title VI Discrindr atlon Complaint }'onn is not fl a ldatory. You may submit your conrptaint in any onion mat, contains your 75K-49 I ;q� ,ggvq �i w ails �41 sT Zi krm a1Z MMT Pm I ❑ n�ll�lsl�1����,ts�l�lcss 1iT�filf16 4��13S1tUti1fdl i'�s Motka kahhon ya yangin flnti)ngnu' manaitai pat Ant(itrgnu' kumentns Chalnotro, F i4mokU. j ❑ Oznausite ovaj kvadrad6 ako citate tti govorite hrvatski jeAk. ❑ Zagkrtnete tato kolonku, polutd ctete a hovoiite Gesky, ❑ Kruis dit vakje Ran als u Nederlands kunt lozen of spreken. �mark 11 DB -3309.___..._._ .._.__..__._............___ e......._.___________. _ U.S. DEPARTMENT OR COMMERCE Ecnnwiihe ind 6btlslj sMmlplstrmjon 75K-50 n,S,CENSUS HUMAU 1, Arabic 2. Armenian 4. Cambodian 5. Chamorro 6. Simplified Chinese 7Traditional Chinese 8.Croatian 9. Czech 10. butch 11. English 12. Farsi • Economics and 610111N. Atlm Wc1ntlon U.6, CENRU6 BUREAU 75K-51 13. French 14. German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20, Ilocano 21. Italian 22.Japanese 23. Korean 24, Laotian 25. Polish Cocher ici si vous lisez on parlez le frangais. F] Kreuzen Sic diesel KSstchen an, wenn Sic Deutsch lesen oder sprechen. E6(yxe aux6 To nXcdato av 5L(xP&(e-re 1'l I-A&re F.UIIvIK6. Make kazye sa a si on Ji oswa ou pale kreybl ayisyen. ® 37Ti 3Trcr #rTt 'fir GV uTcr ift z �v zF�FlT w ftr�7 ��' i Kos lub voj no yog koj paub twin thiab hail lus Hmoob. FJ,Iolje meg ezt a kockdt, ha megerti vagy beszeli a magyar nyelvet. Markaam daytoy nga kahon no makabasa wenno nrakasaoka iti Ilocano. ® Marchi questa Casella se legge o parla italiano. 1::El 99N'A6kfz 91 ❑ S}a-I zi 71L} %V-+ 5U°vd °I tI611 RAI a}'j A) -9-. 2tnuu�u2gee�u r)�ui�ue�u�fid�nril�a�a�o. Prosirny o zaznaczenie Lego kwadratu,jeieli poshtguje sib Pan/Pani j@zykiem polskim. ne mono U.S DEPARTMENT OF COMMERCE • Economics and 610111N. Atlm Wc1ntlon U.6, CENRU6 BUREAU 75K-51 13. French 14. German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20, Ilocano 21. Italian 22.Japanese 23. Korean 24, Laotian 25. Polish Assinale este quadrado se voc€18 ou fala portugues. ❑ insenuiali aceasta casuja daca citi(i sau vorbiii romitne§te. HOMPTM SraT xsappaTNx, ecru SSI vxTaeTe ct.nn rosopcTTe no-pycexu. 06enexcxTe onaj xsaRpaTxli yxonxxo exTaTe xnx roaopxre cpncxx jesxx. El Oznacte Lento atvor6ek, ak viete Waf alebo hovoriepo slovensky. ❑ Marque esta casilla si lee o habla espafiol. ❑ Markahan itong kmadrado kung kayo ay marunong magbasa o magsalita ng Tagalog. ❑ Ifin-&Toauli111AIIudo16-tVTudgUWTDlynnIrt-11nu. ❑ Maaka'i he puha ni kapau'oku ke lau pe lea fakatonga. ❑ BigMiTbTe WO xniTxxxy, sxulo DR vxTaeTe a6o rouoperre yxpahicsxoto Mouwo. 11 ❑ " p (il lJ Llv Is' o �s,'L�.i9sil`.V I 7 » El Xin ddnh dSu vao 6 nay n6t quf vi bi@t doc va n6i dtrdc Viet Ngrr. Da -3300 U.S. DEPARTMENT OF COMMERCE EDDIIDIn�Dp pfd htf,flo AtlWWOMW. 75K-52 U.S. CENSUS BUREAU 26. Portuguese 27. Romanian 28. Russian 29. Serbian 30. Slovak 31. Spanish 32.Tagalog 33.Thai 34.Tongan 35. Ukranian 36. Urdu 37. Vietnamese 38.Yiddish Farm W-9 Request for Taxpayer Give Form to the (Rev. Docember2014) Identification Number and Certification entities, It Is your employer identification number (EIN). If you do not have a number, see How fo gets requester, Do not Department of the Treasury TIN on page 3. send to the IRS. Internal Revenue Service 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. of 2 Business name/dlsragarded entity name, if different from above a rn ° c 3 Check appropriate box for federal tae classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to certain entities, not Individuals; see ° ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ partnership ❑ Trust/estate Instructions an page 3); 0 o ;0 single -member LLC E]Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) t Exempt payee code (If any) o Note. Fora single member LLC that is disregarded, do not check LLC; check the appropriate box In the line above for Exemption from FATCA reporting H the tax classification ofthe single -member owner. code (If any) c y ❑ Other (see instructions)► fnnP++o: mwow�„+=�mra+nedoumds ma us.r ° c 5 Address (number, street, and apt. or suite no.) Requesters name and address (optional) 0 ° a m s City, state, and Zip code m 7 List account number(.) here (optional) Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given online Ito avoid Social security number backup withholding. For individuals, this is generally your .ental security number (Sag). However, fora resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other ^ m — entities, It Is your employer identification number (EIN). If you do not have a number, see How fo gets t_L_Ll TIN on page 3. or Note. If the account is in more than one name, see the Instructions for line 1 and the chart on page 4 for I Employer Identification number guidelines on whose number to enter. n� �� F7_1 Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer. Identification number (or I am waiting for a number to be issued tome); and 2. lam not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup Withholding as a result of status to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (deflned below); and 4. The FATCA mode(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 3. bign Signature of Here I U.S, person* Date l• General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release It) Is at www.lra.gov/fw9. Purpose of Form An Individual ar entity (Form W-9 requester) Who Is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may he your social security number(SSN), individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer identification number (FIN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns Include, but are not limited to, the following: • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, Including those from stocks or mutual funds) • Form 1099 -MI SC (various types of income, prizes, awards, or gross proceeds) • Form 1091 (stack or mutual fund sales and certain other transactions by brokers) • Form logg-S (preceads from real estate lransaclions) • Form 1099-k (merchant card and third party network transactions) • Form 1998 (home mortgage Interest), 1998-E (student loan interest), 1099-T (tuition) • Form 1099-0 (canceled debt) • Farm 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S, person (Including a resident alien), to provide your correct TIN. 4you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup wlthbolding7 on page 2. By all the filled -out farm, you: 1. Certify that the TI you are giving is correct (or you are walting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S, trade or business Is not subject to the withholding tax an famiga partners' share of effectively connected Income, and 4. Certify that FATCA simulate) entered on this form (if any) Indicating that you are exempt from the FATCA reporting, Is correct. See What is FATCA reporting? on page 2 for further Information. Gat No. 10231x 75K-53 12-2014) Form W-9 (Rev. 12-2014) Note, If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TlN, you must use the requester's form if it is substantially similar to this Form W-9, Definition of a U.S. person, For federal tax purposes, you are considered a U.S. person if you are: • An Individual who Is a U.S. citizen or U.S, resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); w • Adomestic trust (as defined In Regulations section 301.7701-7). Spa clal rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable, Income from such business. Further, In certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a ppartner Is a foreign person, and pay the section 1446 withholding tax. Tharstore, if you are a U.S. person that Is a partner In a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S, status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on Its allocable share of net Income from the partnership conducting a trade or business In the United Staten: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other LLS, owner, generally, the U.S, grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of aforeign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entitles). Nonresident often who becomes a resident alien. Generally, only a nonresident alien Individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of Income, However, most tax treafles contain a provision known as a "saving clause." Exceptions specified In the saving clause may permit an exemption from tax to continua for certain types of Income even shot the payee has otherwise become a U.S. resident alien for tax purposes. If you are a PA. resident allen who Is relying an an exception contained In the saving clause of atax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax in a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) In the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax, S. Suglcieot facts to Justify the exemption from tax under the terms of the treaty article. example, Article 20 of the US: China Income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present In the United States. Under U.S. law, this student will become aresident ellen for lax purposes If his or her stay in the United Stales exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S: China treaty (dated Apd130, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who quallfias for this exception (under paragraph 2 of the first protocol) and Is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that Includes the Information described above to support that exemption. If you are a nonresident alien or a !amigo anti ly, give the requester the appropriate completed Form W-8 or Farm 8233, Backup Withholding What Is backup withholding? Persona making certain payments to you must under certain conditions withhold and pay to the IRS 286/o of such payments. This Is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in said Insured of payment card and third party network transactions, and certain payments from fishing boat operators. Ross estate transactions are net subject to backup withholding. You will not be subject to backup withholding on payments you receive If you give the requester your correct TIN, make the proper cedificatlans, and report all your taxable Interest and divldands on your tax return. Payments you receive will be sobleet to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part 11 Instructions on page 3 for details), 3. The IRS tells the requester that you furnished an Incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your lax return (for reportable Interest and dividends only), or S. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accounts opened after 1983 only-). Certain payees and payments are exempt fmm backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more Information. Also see Special rules forpartnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial insiilullon to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instruct one for the Requester of Form W-9 for more Information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee If you are no longer an exempt payee and anticipator receiving reportable payments In the future from this person. For example, you may need to as updated Information If you are a C corporation that elects to he an S corporation, or if you no longer are tax exempt, in addition, you must furnish a new Form W-9 If the name or TIN changes for the account; for example, If the grantor of a grantor trust dlas. Penalties Failure to to relish TIN. If you fall to furnish your correct TIN to a requester, you are subject to a penally of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penally ter false information with respect to withholding. If you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty, Criminal penalty for falsifying Information. Willfully falsifying cedlflcatlons or affirmations may subject you to criminal penalties Including fines and/or Imprisonment. Mlsuse of TINs. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties, Specific Instructions Line Y You most enter ane of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 Is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, elder your first name, the last name as Shown on your social security card, and your new last name. Note. ITIN applicant: Enter your individual name as It was entered on your Form W-7 application, line Ia. This should also be the same as the name you entered on the Farm 1040/104ON104DEZ you filed with your application. b. Solo proprietor or single -member I.I.C. Enter your Individual name as shown on your 1040/1 g40AM 040EZ on line 1, You may enter your business, trade, or "doing business as" (DOA) name on Ilse 2. c. Partnership, _bC that Is not a single -member LLC, C Corporation, or Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d, Other entities. Ester your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on Ilne 2. e. Disregarded entlty. Far U.S. federal tax purposes, an eniftylhat is disregarded as an entity separate from Ito owner is treated as a "disregarded entity." See Regulations sections 301.7701-2(c)(2)(if). Enter the owner's name an line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the Income tax return on which the Income should be reported. For example, If a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that Is a U.S. person, the U.S. owner's name Is required to be provided on the 1. If the direct owner of the entity In also a disregarded entity, enter the first ownerthat is not dismgarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name," If Be owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 Instead of a Form W-9. This is the case even If the foreign person has a U.S. TIN. 75K-54 Form W-9 (Rev. 12-2014) Line 2 Ifyou have a business name, trade name, D13A name, or disregarded entity name, you may enter it an line 2. Line 3 Check the appropriate box In line 3 for the U.S, federal tax classification of the person whose name Is entered on line 1. Check only one box In line 3. Limited Liability Company (LLC). If the name on line 1 Is an LLQ treated as a partnership for U.G. federal tax purposes, check the "Limited Liability Company" box and enter "P" In the space provided. It the LLC ries filed Form 8832 at 2553 to be taxed as a corporation, check the "Limited Uability, Comryany" box and in the space provided anter "C" for corporation or "S" for S corporation. If it Is single -member LLC that Is a disregarded entity, do not check the "Limited Llahlllty Company" box: instead check the first box In line 3 "Individual/sole proprietor or single -member LLC:' Line 4, Exemptions If you are exempt from backup withholding and/or FATGA reporting, enter in the appropriate apace in line 4 any coda(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. * Except as provided below, corporations are exempt from backup withholding for certain payments. Including Interest and dividends. • Corporations are not exempt from backup withholding for payments matte In settlement of payment card or third party network transactions. • Corporailons are not exempt from backup withholding Win respeclto ahomeys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health are servloes are not exempt with respect to payments reportable on Form 1099-MISC. The following codes Identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) If the account satisfies the requirements of section 48'1(1)(2) 2—The United States or any of Its agencies or Instrumentalities 3—A .fate, the Dlolrlct of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer In securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 0—A real estate Investment trust 9—An entity registered at all times during the tax year under the investment Company Act of 1940 10—A common trust fund operated by bank under section 584(a) 11—A financial institution 12—A middleman known in the Investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described In section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. ... THEN the payment is exempt for... ayments All exempt payees except for 7 7Hthmugh Exempt payees 1 through 4 and 6 through 11 and all C corpnratlons. S corporations must not enter an exempt peyes code because they are exempt only for sales of noncovered as acquired prior to 2012. Bader exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over$fi0o required to be Generally, exempt payees reported and direct.alas over 85,0001 1 through 52 Payments made In settlement of Exempt payees l through payment card or third party network transactions 'See Form 1099-MISC, Miscellaneous Income, and Its Instructions. 'However, the following payments made to a corporatlon and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fens, gross proceeds paid to an attorney reportable under section 6045(1), and payments for services paid by a federal executive agency. Exemption it am FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to parsons submilllnq this form for accounts maintained outside of the United States by certain foreign financial Institutions. Therefore, If you am only submitting this form far an account you hold In the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution Is subject to these requirements. A requester may Indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar Indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under eecelon 501(a) or any individual retirement plan as depend in section 7701(a)(37) B—The United States or any of its agencies or Instrumentalities C—A slate, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdlvistons or Instrumentalities D—A corporation the stock of which Is regularly traded on one or more established securities markets, as described In Regulations sectlon 1.1472-1(c)(1)(I) E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer In securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options)that is registered as such under the laws of the United States or any state G—A real estate Investment trust H—A regulated Investment company as defined In section 651 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined in section 584(a) J—A bank as defined In section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403@) plan or section 457(9) plan Nate. You may wish to consult with the financial Institution requesting this form to determine Whether the FATCA coda and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your Information returns. Line 6 Enter your city, state, and ZIP code. Part 1. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS Individual taxpayer Identification number (ITIN). Enter It in the social security number box. If you do not have an [TIN, sae How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LUG that Is disregarded as an entity separate from Its owner (sea Limited Liability Company (LLC) on this page), enter the owner's SSN (or LIN, If the owner has ane). Dc not enter the disregarded entity's FIN. If the LLC is classified as a corporatlon or partnershlp, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. Now to gata TIN, If you do not have a TIN, apply for one Immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local SSA office or gel this form online at wu w.ssa.gov. You may also get this form by calling 1-800.772-1213. Use Farm W-7, Appllcatlon for IRS Individual Taxpayer Identlfloatlon Number, to apply for an [TIN, or Form SS -A, Application for Employer IdenilHoutlon Number, to apply for an EIN. You can apply for an FIN online by accessing the IRS webslle at www.in.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 -800 -TAX -FORM (f-890-829-3676). If you are asked to complete Form W-0 but do not have a TIN, apply for a TIN and write "Applied For' in the space for the TIN, sign and date the farm, and give It to the requester. For Interest and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to get a TIN and give It to the reque.ter before you are subject to backup withholding on payments, The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you Intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign ownermust use the appropriate Form W-8. 75K-55 Form W-9 (Rev. 12-2014) Part IL Certification To establish to the withholding agent that you or a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even If Items 1, 4, or 5 below Indicate otherwise For ajoint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as Indicated In items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must glveyour correct TIN, but you do not have to sign the codification. 2. Into rest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sigh the certification or backup withholding wilt apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out Item 2 In the certification before signing the form. 3, Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certlticatlon unless you have been notified that you have previously given an incorrect TIN, "Other payments" Include payments made In the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and heatth care services (including payni to corporatlons), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gloss proceeds paid to attorneys (including payments to corporations). S. Mortgage Interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 629), IRA, CaveYdeil ESA, Archer MSA or HSA contributions or distributions, and pension distributions, You must give your correct TIN, but you do not have to sign the certlllcatlon. What Name and Number To Give the Requester For this type of account: ' Give name and SSN ot; 1. Individual The individual 2. Two or more Individual. (Joint The actual owner of the account or, account) If combined funds, the first Individual on the account' 3. Custodian account of a mint The minor' (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor -trustee' trust (grantor Is also trustee) b. So-called trust account that Is The actual owner' not a legal or valid trust under state law 5. Sole proprietorship or disregarded Tha owner' entity owned by an Individual 6. Grantor trust filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(p (A)) For tills type of account; Give name and EIN of: 7. Disregarded entity not owned by an The owner individual 8. A valid trust, estate, or pension trust Legal entity 9. Corporation or LLC electing The corporation corporate status on Farm 8832 or Form 2553 10. Association, club, religious, The organization charitable, educational, or other tax- exempt organization 11. Partnership or multi -member LLC The partnership 12. A broker or registered norolrea The broker or nominee 13. Account with the Department of The public entity Agriculture In the name of a public amity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Farm Tho trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(h List flat vad none the name of the person whose number you fumish. If only one peraonon a joint account has on SSN, that person's number must be furnished. °Girds the minor's name and furnish the minor's SSN. °You must show your Individual name and you may also anter your business or DBA name on the "Business name/dirogarded entity' name line. You may use either your Si or EIN Of you have one), but the IRS encourages you to use your SSN. List first and curie the name of the trust, estate, or pension treat, (0o not furnish the TIN of the personal representative or trustee unless the legal entity Itself is not designated In the account line.) Also see Special sufm fur padnamhlps on page 2. 'Note. Granter, also must provide a Form W-9 to trustee of treat. Note. If no name Is circled when more than one name Is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal Information such as your name, SSN, or other identifying Informatton, without your conclusion, to commit fraud or other crimes. An Identity thief may use your SSN to get a Job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer Is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by Identity theft and you receive a notice from the IRS, respond right away to the name and Shane number printed on the IRS notice or letter. If your tax records are not currently affected by Identity theft but you think you am at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more Information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of Identity theft who we experiencing economic harm or a system problem, or are cooking help In resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You ran reach TAS by calling the TAS tell -free case Intake line at 1-877.777-4778 or TTY/TDO 1-600-829-4059. Protect yourself from auspicious ematls or clashing schemes. Flushing is the creation and use of email and websites designed to mimic legitimate business smalls and websites. The most common act Is eonding an email to a user falsely claiming M be an established legitimate enterprise in an attempt to some the user Into surrendering private information that will be used for Identity theft. The IRS does not Initiate contacts with taxpayers via smalls. Also, the IRS does not request personal detailed Information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited small claiming to be from the IRS, forward this message to phll Bing@)Im.gov. You may also report misuse of the IRS name, [ago, or other IRS property to the Treasury Inspector General for Tax Administration (rIGTA) at 1-600-366-4484. You can forward suspicious ematls to the Federal Trade Commission at: spam®uce.gov or contact them at wwM./tc,govlidthaft or 1-877-I0THEFT (1-877-438-4336). Visit IRS,gov to learn more about identify theft and how to reduce your risk. Privacy Act Notice Section 6100 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file Information returns with the IRS to report Interest, dividends, or certain other Income paid to you; mortgage Interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file Information returns with the IRS, reaching the above Information. Routine uses of this information include f ivtng it to the Department of Justice for civil and criminal litigation and to titles, states, the District of Columbia, and U.S. commonwealths and possessions for use In administering their laws. The information also may be disclosed to other countries under atl'ealy, to federal and stale agencies to enforce civil and criminal laws, or to federal law enforcement and Intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent Information. 75K-56 6/20/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2105-2109 S. BRISTOL STREET (APN 015-194-41) FOR THE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was Exhibit 3 Resolution No. 2017 -XXX Page 1 of 6 75K-57 prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The property located at 2105-2109 S. Bristol Street (APN 015-194-41), as described in Exhibit A and graphically depicted in Exhibit B, is necessary for the proposed project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 4 of the Bristol Street Widening Project ("Project'). The location of the Project is between Warner Avenue and St. Andrew Place for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Resolution No. 2017 -XXX Page 2 of 6 75K-58 6/20/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: 4 90r, JW M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75K-59 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Clerk of the Council City of Santa Ana 75K-60 LEGAL DESCRIPTION Real p operb/ In the City of Santa Ana, County of Orange, State of California, described as follows: LOTS 198 AND 199 OF TRACT NO. 1192, AS PER MAP RECORDED IPI BOOK 39 PAGES 16 AND 17 OF MISCEL.IANEOUS MAPS, IN THE OFFICE OF TI IC COUNTY RECORDER OP SAID COUNTY. APPI: 015-199-91 75K-61 6/20/17 Resolution No. 2017 -XXX Page 5 of 6 EXHIBIT B kF.._au w„aa. g E3' ^1��O^ -- 7 Jyygqlrrc�' 0 C); � 0 O C) 0 .N.I...:._ 1.._�-4..."' f't kL grreruvtW a. �„� O . - 0 ED 'lWti__ CC n O RO ya O O O O to O -JU bN a a . n� �•u't O �. O O s:ie/�.u' � O a O' i �- �N..�_..�— U 1O — WdBNLR—mttroua/ AV[NVF' in 410-43 ID :.�agWnN 3Gu�) 96UE vv -V50 :/a9uIDN /eP/U Resolution No. 2017 -XXX Page 6 of 6 75K-62 r 75K-63 06/15/2017 THU 10:21 FAX PETERSON LAW GROUT IN E � ��` PROFESSIONAL CORPORATION 21 SUITE290 19800 MACARTHUR BOULEVARD GITY OF SANTA ANA IRVINE, CALIFORNIA 92612 ftEM OF CCILINCIL TELEPHONE (949) 955.0127 FACSIMILE (949) 955-9007 June 15, 2017 Clerk of the Council City of Santa Ana, City Hall 20 Civic Center Plaza, M-30 Santa Ana, CA 92702 Facsimile: 714-647-6956 U001/001 Via Personal Delivery and Facsimile Re: Hearing on Resolution of Necessity — Thanh Ngoc Nguyen Bristol Street Widening Project APN 015-194-41 2105-2109 S. Bristol Street, Santa Ana, CA ('Subject Property") Dear Members of the City Council: This office represents Thanh Ngoc Nguyen, owner of the Subject Property. Request is hereby made that this letter be made part of the record, and that we be given the opportunity to be heard at the hearing on the Resolution of Necessity. Ms. Nguyen does not challenge the Resolution of Necessity for the Subject Property. However, the prelitigation offer pursuant to section 7267.2 of the California Government Code is inadequate and does not rise to the fair market value standard. The offer reflects a depression in the surrounding area caused by the project, and thus the offer is project influenced. We look forward to working with the City in reaching a fair and just resolution of the acquisition of the Subject Property that complies with the fair market value standard, CDP: cl Very truly yo Christopher D. Peterson 75K-64