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75Q - PH - RESO NECESSITY 2231 S BRISTOL
REQUEST FOR COUNCIL ACTION [elk CK01611LMIW,I=1=lI,14ITA i� JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2231 SOUTH BRISTOL STREET (PROJECT NO. 116741) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY MKNAGER RECOMMENDED ACTION 103t4:I:(•1&«Z•111i 1631ItIRi=1111581,IW i APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on Is' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 2231 South Bristol Street (APN 015-194-36) 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 2231 South Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 15 months. A good faith offer was made on January 31, 2017, in the amount of $627,075 (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. 75Q-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 2231 S. Bristol St. 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 $492,075 are appropriated in the Bristol Street Improvements Project (No. 116741), Select Street Construction Fund (Account No. 05917661-66100), for transfer to the State Treasurer's Condemnation Deposits Fund in FY 2016-2017. Funds in the amount of $135,000 are appropriated in the Bristol Street Improvements Project (No. 116741), Measure M2 Competitive Street Fund (Account No. 03217663-66100), for transfer to the State Treasurer's Condemnation Deposits Fund in FY 2016-2017. Frid Mousavipour Executive Director Public Works Agency FM/EWG/JG/ML Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: 2L7e Francisco Gutierrez Executive Director Finance & Management Services Agency 75Q-2 MATCHLINE SEE BELOW RIGHT I I I i I i 1 496-336.17 j i ST GERRUDE PL 1408471-011 I I W J CC] ols.lnn.s71; --f '015-19429, b1e-1y4-za; ' i I WARNER AVENUE LEGEND= UUBAUT PPOPEPry - FULL ,1rpW5111011 V�11J-Ad91IIM PPUPGITTIEf, I f I I I i I n ST ANDREW PL ---T..T..T._� I I � CAR PL vg!r vj, GLENWOOD PL I I I Y/.2/I J EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA ANA RESOLUTION DETERMINING PUBLIC CITY OOUNCIL INTEREST AND NECESSITY FOR THE ACQUISITION REAL V,I A AGENDA DATE= JUNE 20, 2017 PROPERTY AT 2231 SOUTH BRISTOL STREET (PROJECT NO. 116741 NONGENERAL FUND) PUBLIC 'WORKS A°EN"' (Strategic Plan No. 6, 10; and 3,201 75Q-3 PAGE 1 OF 1 MAYOR January 31, 2017 Antranik Ozbag Zorayan 1831 W. Lincoln Avenue Anaheim, CA 92801 CITY OF SANTA ANA 20 Civic Center Plaza e P.O. Box 1988 Santa Ana, California 92742 714-W,5Q13 im .santa-ana org ACTING -CITY MANAGER Gera[dz, Mouat. OITYATTORNEY Sonia R Catvall b CLERK SOF THE COUNCIL Marla A. Huizar Via Certified Mail SUBJECT: REVISED OFFER TO ACQUIRE PROPERTY AND IMPROVEMENTS PERTAINING TO REALTY AT: 2231 & BRISTOL STREET, SANTA ANA, CA 92704 APNt 015-194-36 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 IV of the Bristol Street Improvements Project between Warner Avenue and Saint Andrew Place. The City obtained a preliminary title report that lists Antranik Ozbag Zorayan, as trustee of the Zorayan Family Trust dated December 18, 2000 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, Based on the appraisals, the City offers you a total compensation of $627,075.40. 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. 75Q-4 2231 S. Bristol Street January 31, 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. 75Q-5 2231 S. Bristol Street January 31, 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 the City's acquisition consultant, Kathy Cabanilla from Epic Land Solutions, Inc. at (310) 626-4841. Sincerely, X� Jason Gabriel, Principal Civil Engineer cc: Christopher D. Peterson, Esq. 75Q-6 Fair Market Value of the Subject Property Land and structures $570,000.00 (as per attached appraisal summary statement) i. Fixtures and equipment pertaining to realty +$ 57,o75.o0 (as per attached inventory — see Attachment 7) 2. Total just compensation $627,075.00 EXHIBIT A i. 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. 75Q-7 CLTA Preliminary Report Form (itev.11/06) ,FirstAm rlc" axe ATTACHMENT 1 Order Number! OSA-4443263 Page Number: 1 Updated Fire American Title Company 4Firstprnerican Wily Santa Ana, CA 92743 Customer Reference: Order Nutnbert OSA-4443263 (bdaa) pile Officer: Bob Davies ( Ashley Aegerter Fiona: (714)250-3094 fax Nor; {7Y4}913-6388 t Mak ociitle2@firstam.com Property, 2231 South Bristol Street Santa Ana, CA PRELIMINARY REPORT Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in ExIibltA of tills report carefully. The exceptions and exclusions are meant to provide you with notice of matters which arenot covered St is important to hate that this preliminary report is nota written representation as to the: condition of titin and may not list all liens, defects, and encumhragces affectltg title to the land. This report (and any supplements or amendments hereto) Is Issued solely for the purpose of facilltadnQ the Issuance of policy'of title Insurance and no liability Is assumed hereby if it is desired that liability be assumed prior to the issuance of a policy of title Insurance,a Binder or commitment should be requested, FlrstAmedcan Title Page :i of 13 75Q-8 Order Number: OSA-4443263 Page Number: 2 Dated as of August 24, 2015 at 7:30 A. M, The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: ANTRANIK OZBAG ZORAYAN, AS TRUSTEE OF THE ZORAYAN FAMILY TRUST DATED DECEMBER 18, 2000 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 Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions In said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. 2. 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. 4. Covenants, conditions, restrictions and easements in the document recorded as Book 1750, Page 154 of 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, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants In senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded as Book 1762, Page 484 and in Book 4468, Page 121, both of Official Records. Fl/st AOyefican Title Page 2 of 13 75Q-9 Order Number: OSA-4443263 Page Number: 3 5. An easement for either or both pole lines, conduits and Incidental purposes in the document recorded as Book 1634, Page 516 of Official Records, 6. An easement for either or both pole lines, conduits and Incidental purposes in the document recorded as Book 1646, Page 155 of Official Records. 7. Rights of the public In and to that portion of the land lying within any Road, Street, Alley or Highway. 8. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey. 9. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: 10. An ALTA/ACSM survey of recent date which complies with the current minimum standard detail requirements for ALTA/AGSM land title surveys. it. With respect to the trust referred to in the vesting: 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. FirstAmerican Title Page 3 of 13 75Q-10 Order Number: OSA-4443263 Page Number: 4 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. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $1,367.49, PAID Penalty, $0.00 Second Installment: $1,367.49, PAID Penalty: $0.00 Tax Rate Area: 11-101 A. P. No,: 015-194-36 2. 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 2231 South Bristol Street, Santa Ana, CA. 3. 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 4. 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. FIrstAmericvn Title Page 4 of 13 75Q-11 order Number: 0SA•4443263 Page Number: 6 LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 187 OF TRACT 1192 AS PER MAP RECORDED IN BOOK 39, PAGES 16 AND 17 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 015-194-36 Flist Alme%lcan Title Page 6 of 13 75Q-12 Order Number: Page Number; _m � i Hlstknedconr Page 7 of 13 75Q- 3 \ \ � \ . NMI -® \ e a q G §(j cg>y. ^ ^ � y \ \ e • \ 3 G \ i, . ^ § © ® " | .(D ,__, # g Hlstknedconr Page 7 of 13 75Q- 3 \ \ \ �\ e e a q G Hlstknedconr Page 7 of 13 75Q- 3 �\ �2 Hlstknedconr Page 7 of 13 75Q- 3 ATTACHMENT 2 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: LOT 187 OF TRACT 1192 AS PER MAP RECORDED IN BCOK 39, PAGES 16 AND 17 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 015.194••36 75Q-14 ATTACHMENT 3 STATEMENT OF VALUE AND SUMMARY OF THE BASIS FOR APPRAISAL Code of Civil Procedures § 1255.010(b) THE AMOUNT ESTABLISHED AS JUST COMPENSATION Government Code § 7267.2(a) OWNERSHIP Anfranik Ozbag Zorayan, as trustee of the Zorayan Family Trust dated December 18, 2000 The following is a Statement of Value and Summary of the Basis for Appraisal and the Amount that the client established as Just Compensation ("Summary") required by the California Eminent Domain Law. The appraisal on which this summary is based was made in connection with establishing the amount of compensation as required by Code of Civil Procedure section 1255.010(b). The appraisal on which this summary is based was made in accordance with accepted appraisal principles consistent with California Valuation Law. A appraisal from which the clien of Value and Summary of the Compensation ("Summary'): BASIS OF VALUATION statement and summary described the basis for the t established compensation. There follows the Statement Basis for Appraisal and the Amount Established as Just The fair market value is based upon an appraisal prepared in accordance with accepted appraisal principles and methodologies. Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: (a) The fair market value of the property taken 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 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. (b) The fair market value of property taken for which there is no relevant comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Section 1263.330 provides that the fair market value shall not include an increase or decrease in the value attributable to the project for which the property is to be acquired. The property is being appraised for the possible full acquisition by the City of Santa Ana to assist in negotiations with the property owner for the possible full 75Q-15 acquisition of the subject property as a part of the Bristol Street Widening Improvement Project, DESCRIPTION OF THE SUBJECT PROPERTY Ownership: Antranik Ozbag Zorayan, as trustee of the Zorayan Family Trust dated December 18, 2000 Location: 2231 South Bristol Street, Santa Ana, California 92704 Assessor's Parcel No.: 015-194-36 Date of Value: December 5, 2016 Property Rights Appraised: Fee simple Site Area: Approximately 6,098 square feet, or 0.14 acre, according to public records. Zoning: According to the City, the larger parcel is designated General Commercial under the General Plan Land Use. It is zoned PCO (Park with Commercial Option), within the Bristol Street Corridor Specific Plan designated by the City of Santa Ana. Present Use Highest and Best Use (As Vacant): Highest and Best Use (As Improved): Commercial Retail development Continue the existing use Improvements: According to information obtained from public records and verified by physical measurements of the building, the building has a gross building area of ±1,296 square feet. It was originally constructed in 1963. Description of Acquisition: A full acquisition is proposed 75Q-16 SALES COMPARISON APPROACH The estimated fair market value of the subject property is based on improved sales data for other properties with essentially the same utility and amenities. The subject property is located on a primary arterial street and the property benefits from good access and visibility. To analyze the value of the subject property, a search was conducted of the market area for similar improved office building sales. Very few transactions were found in Santa Ana. The search was expanded to surrounding areas and included small office buildings that sold throughout Orange County since January 2015, built before 1990 and between 1,000 and 10,000 square feet in size. Of the comparables discovered, the five most similar properties were chosen for comparison. The comparables reflect selling prices ranging from $385,000 to $1,175,000, which is approximately $302 to $472 per square foot of building area, or approximately $52 to $161 per square foot of land area. Office buildings of this size are primarily purchased for owner -occupancy whereby the fee simple interest is conveyed. The primary approach used in this market by owner -users is the sales comparison approach. As such, the sales comparison approach is developed to provide an indication of the fee simple market value. The comparable sales are analyzed using the price per square method, which is the typical basis used by buyers in this market. This unit of measure provides a reliable basis of comparison for the assignment. As a check to the reasonableness of the conclusion price per square foot of land area is also reviewed. Adjustments are considered for transactional differences as well as for physical differences between the subject property and comparables. Included on the following page is a Comparable Improved Sales Summary. 75Q-17 75Q-18 COMPARABLE IMPROVED SALES SUMMARY Locotlon WE Data Bldg Size SF Year Built Sales Price APN Doc No. Land kea SF Site COV. Price PSF/Bldg Conneaut. Price PSF/Land SUBJECT PROPERTY 2231 S&iAel Orw WApp 1,296 1963 WApp Thembje:t property isutilired w ridentd Salta Ana, CA 02704 WFpp 6,098 21% WApp silica. located raid-blockon&idol St, with good vidbility. ADT- approx. 35,000 cod 015.194.36 Comparable No. 1 310 S Man Srce1 7/14/2016 2,120 1917 $640,090 angle -tenant mmmerdd building used coo S.Aa Ana CA92701 321338 6,025 35% $301.89 hakey for ImW 60 yeonr The broker repartee 398-2.80-08 $106,22 aw roof, aNning, voodor pant cad air canditloning unit, Grantor: Barbara Lynne 4r and Caorge Fbbxt Meaock, at a. Gent. 3641 Le Sage real Casio Ratners LLC Comparable No, 2 1517 E4ih Now 7/23/2015 1,200 1924 $305,000 Lee office building lucaled ncar the Faisal Steam Ana, 0492701 382743 7,405 16% $320,63 rami Building. Average aTed+ddhllity an $51.99 s�sndery drcel. Thebroker -Waftsthat the 398392-19 property is In werage minus condition, and In (ra�lnr: Plzelf troche nood of updating. Ranco Kumar 4, LLC Comparable No, 3 1502 NMain Basal x nw 1,767 1919 $586,123 (Ida ffRconvated for office U. Good Santa Ara, CA92701 WA 7,733 23% $331.71 acmdeebility on an arteria s:rod. Pier dein 005-153-12 $75.60 May 2913 for $449,000, or $254/,T. Gmaor: Wk Family Trud O3antea WA Comparable No. 4 924 E fhQamaa Avenue 9/29/2016 2,224 1921 $1,050,000 mnvertal SRusNd for an office. Gaud CYange CA 92866 47422 6,534 34% $472.12 aD'—&sbilliy oa an arteria drat. 390451-02 $160.70 Grantor: mast Be. i®gue, Inc, Orontes: 0.43 419 Comparable No. 5 7891 Welminder&mlerd'd 9/13/2010 2,580 1956 $1,175,000 SRoanverted forofgceuse. Avenge Weaminster, CA 92683 435061 13,876 19% $454.37 acrzJvls bili tyoa a a a-tarladred. 09&325-03, and .24 $84.68 Grantor: Rchard Lang TheNguyen Grantor LDHT Family Ro alies 75Q-18 Conclusion After adjustments for market conditions, the comparables establish a fair market value range for the subject property between $309 and $479 per square foot as shown in the following table. Comparable Nos. 1, 2 and 3 are rated inferior, while Comparable Nos. 4 and 5 are rated superior. Based on the subject property's size, location and condition, a value above $348 per square foot but below $461 per square foot is indicated for the subject property, A fair market value of $440 per square foot is concluded. Based on the preceding investigation and analysis, the fair market value of the subject property, as of December 5, 2016, is calculated as follows: INDICATED VALUE - SALES COMPARISON APPROACH 1,296 SF X $440 PSF = $570,240 ROUNDED 75Q-19 $570,000 Indicated Values Comparable Overall Indicated $/SF No. Comparability 4 Superior $479 5 Superior $461 Subject $440 2 Inferior $348 3 Inferior $315 1 Inferior $309 A fair market value of $440 per square foot is concluded. Based on the preceding investigation and analysis, the fair market value of the subject property, as of December 5, 2016, is calculated as follows: INDICATED VALUE - SALES COMPARISON APPROACH 1,296 SF X $440 PSF = $570,240 ROUNDED 75Q-19 $570,000 INCOME APPROACH The subject property is an owner -occupied, single-family residence which has been converted and utilized as a medical office building. As such, the fee simple value is analyzed using market rent and expenses. Market Rent Analysis A survey of Santa Ana and the surrounding cities for recently executed leases and asking rents for office space ranging from 656 to 3,279 square feet in size is used in the analysis. The important factors considered during selection of the comparables include location, building area, visibility and access. The search focused on properties with arterial street visibility, but data for such properties was found to be somewhat limited; however, sufficient data was available to estimate a market rental rate for the subject property. The survey properties indicate that rents are written on a triple -net, modified gross, and full service gross basis. For valuation purposes, a triple -net basis will be utilized. For triple -net leases, the tenants pay operating expenses such as property taxes, insurance, tenant utilities and janitorial, common area maintenance and utilities, building repairs and maintenance, security, parking and sometimes management (or a portion of management). These expenses are normally recouped by the landlord in the form of an expense reimbursement charge. The landlord is still responsible for non -reimbursed management (collecting the check and watching over the property) miscellaneous expenses such as those incurred between tenancy, accounting, legal, miscellaneous and replacement of short-lived items such as the roof, air-conditioning units and exterior walls, if applicable. Based on the review of the rental data and after consideration for differing property characteristics, it is concluded that a rental rate of $1.80 per square foot per month, triple -net, for the subject property is reasonable for the analysis and is used in the direct capitalization analysis. The estimated market income for the subject property is calculated in the following table: CONCLUDED MARKET RENT Building Market Rent/SF Market Annual Market Size Mo. Rent/Mo. Rent 1,296 SF $1.80 $2,333 $27,994 75Q-20 Vacancy and Collection Loss Small office buildings are most frequently purchased for owner -occupancy and are analyzed using the sales comparison approach, with values calculated assuming no vacancy or collection loss. However, from the perspective of an investor, a stabilized vacancy and collection loss within the historical range is usually applied, assuming a five- to 10 -year holding period. An estimated stabilized vacancy and collection loss of 3% is considered appropriate for the direct capitalization analysis. Expense Analysis The subject property is an owner -user office building. Typically, leases for similar buildings in this market are written on a triple -net lease basis, where the tenant Is responsible for operating expenses for the property including: taxes, insurance, utilities, common area maintenance, building repairs and maintenance. The owner is responsible for management, miscellaneous expenses, and administrative costs. The capital value analysis has been analyzed on a typical triple -net basis. Overall Capitalization Rate A review of sales and listings of office properties found that reported OARs reflect rates from 4.00% to 5.00%. These sales are considered the best evidence of an appropriate capitalization rate for the subject property. 75Q-21 DI RECT CAN TAU ZATI ON ANALYSI S Office Building 2231 S. Bristol Street Santa Ana, California INCOME: Rental I ncome $26,481 Capitalization Rate Annual Market Fbntal Income Monthlyflantal Income $1.80 PT x 12 Months $27,994 Total Leaseable Area 1,296 S= Total Potential Gross Income $27,994 Vacancy 3% $840 Effective Crass Income $27,154 REI MBURSABLE EXPENSES: $ISP Management 2.0% ($0.42) ($543) lbserves 0.101 /R1301 Total FUmbursable Expenses ($0.52) ($673) 673 Net Operating Income $26,481 Capitalization Rate 4.750 Indicated Value at Market Fsnt $557,497 ROUNDED $558,000 "Difference maybe due to round! ng. Income Approach Conclusion The direct capitalization analysis and resulting indication of market value via the income approach is shown on the following page. The indicated fair market value, as of December 5, 2016, is as follows: INDICATED VALUE - INCOME APPROACH $558,000 75Q-22 CONCLUSION Or VALUE The approaches most often relied on by buyers of this type of property have been developed. Thus, the sales comparison approach is developed as the primary value indicator. The cost and income approaches are rarely considered by buyers in this market and are less reliable than the sales comparison approach as the typical buyer of the subject property would be an owner -occupant. There are limited investor sales with reported overall capitalization rate data in this building market segment and data for signed leases Is of limited quantity and quality. The income approach has been developed, but is given less weight in the final conclusion of value, The cost approach Is rarely used by buyers in this market and does not tepid to produce reliable valuation results; the cost approach has not been developed, APPRAISAL CONCLUSION Considering the data and analyses presented, the opinion has been formed that as of December 5; 2016, the fair market value of the subject property Is: INDICATED VALUE Sates Comparison Approach $570,900 Income Approach $558,000 Reconciled Value (Rounded) $570,000 The above is a summary of my appraisalprepared at the request of, acid to be used by, the client to comply with Code of Civil Procedure Section 1255,010(b), My appraisal Is the basis for this summary and was made in accordance with accepted appraisal principles, consistent with California Valuation Law, Stephanie L. Kavanaugh, Certified General Real '=state Appraiser, Certificate No. AG030565, provided assistance in this assignment. M Elizabeth M, LAI, AI-G1S Certified General Real Estate Appraiser Certificate No, AGO05391 Expiration Date; April 13, 2018 Dated: December 5, 2016 75Q-23 CERTIFICATION We certify that, to the best of our knowledge and belief: 1. Thee statements of fact contained it this report are true and correct. 2. The seporud analyses, opinions, and conclusions are Invited only by the reported assumptions and limiting conditions and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report and no personal interest or bias with respect to the probes or parties involved, 4. We have performed no services, as appraisers or in any other capacity, regarding the property that is the subject of this report within the past three-year period iinmedia€ely preceding acceptance of ties assignment. 5. We have tic bias with respect to the property that is the subject of this report or to the parties involved in this assignment: 6, our engagement in this assiginnent was not contingent upon the developing or repotting predeteninined resrlts, 7, Out compensation is not contingent on the development or reporting of a prtdutermiued value or direction in value that favors the cause of the client, the arnount of the value opinion, the attaiament of a stipulated result, or the occurrence of a subsequent event directly related to the inteincfed use of this appraisal, g. Our analyses, opinions, and conclusions were developed; and this report has been prepared, in cordbitnitywith the Uniform Standards ofProfessional Appraisal Practice, 9. Stephanie Kavanaugh has trade a personal inspection of the property that is the subject of this: report. Elizabeth M. Kiley has not made an inspection- of the subject property, but has fully participated in the analyses, opinions and conclusions concerting real estate contained in this report and fully concurs with the conclusions expressed hereiU. 10. No one provided gigniftcatut real property appraisal assistance to the persons signing this certification, 1 1. The reported analyses, opinions and conclusions were developed, and this report has beenprepared in conformity with the Code ofProfessional Ethics and Standards of Professronal Appraisal Practice of the Appraisalftsstitute. 12, The use of this report is subject to the, requirements of the Appraisal Institute relating to review by its duty authorized representatives. 13. As of the date of this report, Elizabeth M. Kiley has completed Elie continuing education program for :Designated Mombon of the Appraisal Institute.. �i�uu�,tl�tU Elizabeth til. Kiley, .Ai, AI-GRS Stephanie L. Kavanaugh Certified General Real Estate Appraiser Certified General Real Estate Certificate No, AG005391 Certificate No. AG030565 Expiration pate: April 13, 2016 Expiration Date: April 12, 2017 75Q-24 ATTACHMENT SUMMARY EXPLANATION STATEMENT You are entitled. to receive fall payment prior to vacating the real properly 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 properly 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 in 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 fall 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 render 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. 75Q-25 UNMOOR INIMUIR ilk CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza M-36 Santa Ana, CA 92702 75Q-26 Dear property Owner: Our ,State) and Federal Constitutions recognize the need fox 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 acquired are treated fairly and consistently. This Handbook provides a brief summary of the City's acquisition procedures and various laws it is not intended to give a complete statement of all state or fedexal 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. 75Q-27 7PABLF (D1F CONTENTS PAGE WHY IS MY PROPERTY REQUIRED? I WHAT RIGHT DOES TIIE CnYHAVE TO ACQUIRE NPI PROPERTY? 1 WI -10 MAKES THE DECISION TO BUY MY PROPERTY? HOW WILL TIM CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? I 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 TIM APPRAISER? 2 ONCE. TIM CITYDETERMINES THAT MYPROPERTY IS NECESSARY FOR. A PUBLIC S PROJECT, HOW SOON WILL TAE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY�S STATEMENT OF THE BASIS FOR ITS DETERMINATION 2 OF NST COMPENSATION? 6 CAN I GET AN APPRAISAL? 3 MUST I ACCEPT THE CITY'S INITIAL OFFER? 3 MAY IHAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT THE CITY'S OFFER., HOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF I DO NOT AGREE TO TETE FINAL PURCIJASF OFFER? 4 WHAT HAPPENS F THE CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? 4 WILL I RAVE TO PAY ANY SETTLEMENT COSTS? S MAY I KEEP ANY OF TIE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? S CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? 6 WILL I HAVE TO PAY RENT TO THE CITY ATTER MY PROPERTY IS ACQUMD? 6 HOW SOON MUST I MOVE? 6 Am I ENTITLBD TO RECOVER LOSS OF BUSINESS GOODWILL? 6 I .AM A VETERAN, HOW ABOUT MY GI LOAN? 7 MY PROPERTY IS WORTH MORE NOW THAN WREN I BOUGHT IT. MUST I 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WHAT IF I HAVE OTHER QUESTIONS ABOUT THE PRO CBSS? 7 75Q-28 WHY 18 MY PROPERTY REQUIRED? The City of Santa ,Ana, Public Works Agency (the City), has determined that your property may be required for the improvements of Bristol Stroet, WHAT WGIRT DOES THE CITYHAVE TO.A,CQUIRE 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 us are protected by the ltii9h 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 Tito 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure. WHO MAIMS THE DECISION TO BUY MY FROPERTY? 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 the views of interested citizens. HOW WILL THE' CITY (DETERMINE HOW MUCH TO O + 4ER 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 marketvalue in an appraisal report. The City is required to offer you 'Just compensation" Por your property. This amount cannot be Iess 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 under no particular or urgent 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. 75Q-29 IitOW IiOF,S AN APPRAISER DETERMINE TM FAIR 1VARIMT VALUE OF 1VlY 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 o£real property are: Flow it compares with similax propertles in the area thathave been sold recently. How much it would cost to reproduce the buildings and other stractures, loss any depreciation. How much rental income it could produce after expenses and how investors typically value that income. WILL I7HAVE' 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 DETEWH NES THAT MY -PROPERTY IS NECESSARY I'.+OR 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 fanding; 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 acquire your property for the fall 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 truth the puraase offer is sent out and your receipt of the offer is acknowledged. WHAT TS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS IIETFWV iATION 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. 75Q-30 • The date of valuation, highest and best use, and applicable zoning of properly. • An accurate description of the propertyto be acquired. • A list of the improvements covered by the offer, • The principal transactions, reproduction or replacement 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 sball 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 AI MMSAL? YES. Pursuant to the California Code of Civil ProcedureSection 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 willnotbe 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 cosi, 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 of Santa Ana, Public Warks Agency, 20 Civic Center Plaza M-36, Santa 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 I 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 mare a revised offer. MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? YES. You may have an attorney or anyone else represent you, during your 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. 75Q-31 Blit' 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 eviden.00 is a legal record of ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgagos, liens and other instruments affecting your ownership ofthe property.) WHAT Ia APPENS I6 I DO NOT AGREE TO T11 FINVAL PURCHASE OFPER DY 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 PROPER'PY? 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 injuty; 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 must 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. .Alter the hearing, assuming need and necessity has been substantiated and determined, the City can file a condemnation suit. Diving 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 aB 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 detenvinejust compogsation. To help you in presenting your ease 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 your litigation expenses. WHAT IS AN ORDER OP 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 75Q-32 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 shave 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. NML 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. Ileal property taxes coveringthe period afterthe 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 them from the purchase price being paid to you by the City. MAY I KEEP ANY OF THE 13UTLDJNGS OR OTHER IMPROVEMENTS ON MY PROPERTY? Sometimes. improvements may exist on a property, which are not requhred by the City, If you wish to keep any of the improvements, please let your Acquisition Agent know. If 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 now location. . 75Q-33 CAIS THE CITY TAKE ONLY A PART OF' MY PROPERTY? YES. But, if the purchase of only a part of your property reduces '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 thoso circumstances, if any remaining part would have little or no utility or value to yen, the City will offer to buy that remaining part if you so desire. WLLL I HAVE TO PAY RENT TO TBE CITY AFTER MY PROPERTY I5 ACtplllt$ CID? If you (or your tenant) wish to remain in the properly 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 fan• ramal value of the property to a short team occupier or the prorated portion of the fair rental value for a typical rental period. However, the amount of tent 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 MUSTIMOVE? 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 sanitary replacement property must be available before you can be required to move. AM I ENTITLED TO RECOVER LOBS OF JIUSINESS 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 o£ Civil Procedure Section § 1263.51 b Loss oP 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 prevented by relocation of the business or by taking steps and adopting procedures that areasonably 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. 75Q-34 (4) Compensation for the loss will not be duplicated iu the compensation otheiwise 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, sk ll or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage I AM A Vt;TEIIAW, 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 neatest VA office, MY PROPERTY I5 WORTH MORE NOW THAN WHEN I DOIIGHT 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 (.[S.S) Publication 544, "Sales and tither Dispositions of Assets" is available from the M. It explains how the Federal income tax would apply to a gain or loss resulting from the condemnation of real property or its sale under the tbreat 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. 75Q-35 r 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. 75Q-36 75Q-37 ATTACHMENT 7 AKDAR HEIDARINIA, DMD, INC, DBA SOUTII COAST DENTAL GROUP IMPROVEMENTS PERTAINING TO TIIE REALTY EFFECTIVE DATE OF VALUE - OCTOBER 7, 2015 Pair Market Forced Item Value in Liquidation No. Qty, Description Place Value 1 1 Monument sign, Tx Tx 20", metal cabinet, dual -sided, $4,025 $0 interior illumination, plastic fascia, vinyl letters,. "South Coast Dental Group, with logo", brick pedestal, 34" x 32"x2l" 2 1 Building sign, 40 linear fsetx 4' high, L-shaped, metal 12,000 0 cabinet, interior illumination, plastic fascias, vinyl letters and logos, "South CoastDental Group/ Cosmetic Implant, etc, with graphic decor", wall -mounted 3 1 Lot of vinyl tetteringwindow signs and graphic d6eor, 400 0 including 1.5" to 2.5" lettering, window signs, tooth logo, etc. 4 4 Ceiling speakers, 12" diameter, including through -ceiling 500 20 audio cabling to stereo 5 1 Television wall mount, metal 80 5 6 148 Square feet of horizontal window blinds, 2" wide, plastic 675 0 7 i 1 Built-in service counter, 62" x 12", laminate, wall.. Ito 0 mounted 8 1 Pony wall/ service counter, 44" x 41" x 5", assumed to be 200 0 wood framing, plaster fascia, textured paint, with top counter, 46" x 12", laminate 9 1 Built-in reception desk, 100" x 25", laminate on wood, 1,250 0 double pedestal, 2 -door, 8 -drawer 10 12 Linear feet of built-in desktop, 24" deep, laminate, with 370 0 wall brackets 11 7 Linear feet of wall shelving, 24" high x 12" deep, wood, 110 15 2 -tier 12 1 Wall cabinet, 5'x33°x12",wood, 4 -door 475 30 75Q-37 AKBAR FIEIDARINIA, DMD, INC. DBA SOUTH COAST DENTAL GROUP IMPROVEMENTS PERTAINING TO TTIF REALTY EFFECTIVE DATE OF VALUE - OCTOBER 7, 2015 Item No. Qty. Description Fair Market Value in Place Forced Liquidation Value 13 1 Built-in desktop, 6'x 24" deep, laminate, I lower 425 0 pedestal, 30" wide, laminate on wood, 2 -door 14 1 Wall shelf, 6'x 30" x 12", wood, 3 -tier 140 15 15 1 Dental laboratory sink counter, 10.5'x 24 ", laminate on 3,575 0 woad, 4" high baoksplash, 1 drop-in sink, 24" x 10" x 22", stainless steel, single mixing faucet, plumbing, 5 lower doors, 13 -drawer, I top trash chute, 8" diameter 16 2 Wall mirrors, I- 2'x 3', 1- 23" x 30" 140 0 17 1 Monitor wall mount, metal, for 23" monitor, adjustable 90 10 18 1 Dental laboratory sink counter, IO'S" x 24", laminate on 3,600 0 wood, 4", 1 drop-in sink, 12" x 7" x 16", stainless steel, single mixing faucet, plumbing, 5 -door, 4 -drawer 19 3 Operatory/dental cabinets, 8.5' wide x 19" deep, laminate 6,000 0 on wood, 4 -door, 5 -drawer, 9" high baeksplash, 1 top shelf, 65" x 6", 1 trash chute, 6" diameter 20 5 Wall X-ray viewers, Star X-ray, 16" x 13", wall recessed, 950 75 wood frame, electrical 21 2 Operatory/ dental cabinets, 76" x 19" deep, laminate on 2,975 0 wood, 2 -door, 5 -drawer, 9" high backsplash, 1 top shelf, 70" x 6", 1 trash chute, 6" diameter 22 1 Lot of setup and installation for 2 x-ray machines, wall- 1,125 0 mounted, including calibration 23 1 Lot of setup and installation for panoramic x-ray 775 0 machine, including floor bolting 24 1 Nitrous oxide and oxygen distribution system, 1/4" metal 7,000 0 pipe through ceiling to 5 nitrous oxide and 5 oxygen wall panels, Chemetron, metal, 5" x 6" 2 75Q-38 AKBAR HEIDARINIA, DMD, INC. DEA SOUTH COAST DENTAL GROUP IMPROVEMENTS PERTAINING TO TTIE REALTY EFFECTIVE DATE OF VALUE - OCTOBER 7, 2015 Fair Market Forced Item Value in Liquidation No. Qty, Description Place Value 25 1 Lot of subterranean piping to 5 operatmy rooms, 3 -line, 3,200 0 3/4" copper for air and vacuum lines, I" steel water line, including jockey boxes and connections to dental chairs 26 1 Lot of data cabling and computer networking for 1,250 0 12 stations 27 1 Telephone system, Panasonic, Model no.: K.X-TA824, 2,000 350 hybrid system, 3 -line, full feature, including 5 hand sets, Model nos,: KX-T7730 and KX-T7731 28 1 Alarm system, Brinks Security, consisting of: 425 0 1 Code pad I Control panel 2 Motion sensors 1 Siren I Glass break detector 29 1 Lot of wall chair railing, 2 3/4" high, wood 475 0 30 1 Wall cabinet, 40" x 13" x 9", wood, 3 glass doors 135 20 31 1 Lot of electrical setup and installation for dental air 1,750 0 compressor, vacuum pump and connection for 4 operatory packages 32 1 Water heater, American Appliance, Model no.: 850 0 GWE333SN, 30 gallon, gas, with stand TOTAL IMPROVEMENTS PERTAINING TO THE REALTY Note: The following leasehold improvements were installed by the lessee. They ae included in the related real estate appraisal report: therefore, they are not included herein in order to avoid duplication of compensation. s Interior wall partitioning • Laminate tile flooring 3 75Q-39 $57,075 $540 Epic Land Soluflons, Inc, 00, 2601 Airport Drive, Suite, 130 Torrance, CA 90505 Phone. (310) 986-2960 Fax, (310) 991-3348 CITY OF SANTA, ANA TITIE VI INFORMATIONPACKAGE A da The project proposed by the agency listed above will beTeCCiVing federal financial assistance, Pursuant to Title VI of the Civil Rights Act of 1964, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or be subjected to discrimination tinder. -any program ox activity receiving Federal financial Assistance. Other staluteg pravideprotection against discrimination on the bmis of sex, age or disability. The enclosed Title VI Package is being provided for your information to further explain your rights, The Paclmge includes the following docomients. Title VI B o older Title VI of the 1964. Civil Rights Act and Related Statutes ■ Right of Way Title VI Simay Point with Self-AAdrestied Stamped Envelop(, Right of Way Title V! Disaritaination Complai'lit,Forrit The U.S. Department of Commerce Census Bureau, Language Identification Plarlicard It is xerluestcd the Right of Way Title V! Survey form be completed and returned in the self- addressed 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 cheak the appropriate box on the Language Identification Flashcard, or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the following: Jason Gabriel Principle Civil Engineer City of Santa Ana 20 Civic Center Plaza M-36 Santa Ana, CA 92702 CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD www.EpicLand.com 75Q-40 W Q14 B tip c J H v, ou E 00 > tg u �- o uj rL M o C9 cc OO o N N v NN -h G U ryry 67 o c, at' m. vNi w C `oi W w w G o w 4,11 u U_ "ry h U tis U '� Q U u _U b O tf U L d may, E N�6 6 uq o Qm v p pu` ama �v perM4 vqW 6 Q N ® QW p'1 t/Yf � C � o� N .0Gf' Quo.w 2f�7 m�ueoi ..ry3N- 9' Q wru00Qoo 75Q-41 .. =a v 'u w -a E w rya, Q Y O ,` 4-6• Q �_ u C. dR O, b y ,E 6 N Q a D 'E3 bA 4 A a- L 3 a'E " a c u Q �2 pp Q N 4 CGQ U 0. Q w E 'o g- '� c. E 0 1. v 'u w tA rs Id s v t�pts' "> p a ago a 3 3 • us -t3ol CL a �° c n � 75Q-42 -a u C. dR O, b y ,E 6 N Q a 4 A a- L 3 bIa c u Q �2 .Yt M w E 'o g- '� c. E 0 1. tA rs Id s v t�pts' "> p a ago a 3 3 • us -t3ol CL a �° c n � 75Q-42 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Page I 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, be excluded from participation in, be denied flit 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 par6eipation 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, and requires 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 denied 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. 100-209, 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 THE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDEP-AL-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: "For fair, uniform, and equitable treatment of all affected persons; ...(and) minimizing the adverse impact of displacement ... (to maintain).,. the economic and social well-being of communities; and... to establish a lead agency and allow for State certification and implementation." (UPDATED THE 1970 ACT AND CLARIFIED TIIE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75Q-43 TITLE VI OF THE 1964 CIVIL. RIGHTS ACT AND RELATED STATUTES Page 2 ot2 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 insh'urnentality 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 purposes of this section, the term 'snake 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 Slate law." • Title VIII of the 1968 Civil Rights Act, 42 U.S.C, 3601, provides that: "(1) It shall be unlawful... to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin." (PROHIBITS DISCRIMINATION IN TI4E 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 -build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each 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 FFIWA Publication No. FRWA-HCR-06-006 75Q-44 TITLE VI SURVEY PERSONAL 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 farm. The failure to provide all or any part of the requested information may delay processing of this fomr. 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 au 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 items below which best describe you and return this form in the enclosed envelope. The furnishing of this information is voluntary. Head of household: Male Female Age: _ Under 40 4 i-65 Over 65 Race/Ethnicity: _ White _ American Tribe Black Pacific Islander _Hispanic _ 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 75Q-45 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act P.L. 83.679) and the information Practices Act of 1977 (Mil Code Sections 1708, st seq), cause Is hereby given far the request of personal Information by this farm. The requested personal information Is voluntary. The principal purpose of the voluntary Information is to facilitate the processing of this form. The failure is provide all or any pact of the requested lefomralinn may delay promising of this fora,. No elect osum of it roanal Information will be mod. unless permissible ..do, Article 6, Soclion 1798.24 of the IPA of 1977. Each inclMduml has the right upon @memo Ono proper Identification, to impact all prrs... I iafmmallon In any record mrrololned on the indIvictel by an identifying parucular. Direct mor ingress an information maintenance t. your IPA Offlce Mailing Address Dist CO BASIS OF UISCIUMiNATION Rte ❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX ❑ Oiability, ❑ Low-income ❑ Non-English Speaker Provide dotes) and place of alleged discrimination Dcscribe the nature of the action, decision, or conditions arthe alleged discrimination (Attach Extra Page. If Necessary) Noma of individuals (if Known) responsible for the return, decision at condition afallaged discrimination Provide supporting information known to complainant in support of his/her allegation Identify possible wlincascs whonr the complainant believes can provide factual information about this allegation State the action requested by complainant 75Q-46 ,au�ll , yl i� W5 IS1 I I e A cStc llwwwp6,g wju.,j)wnaullnLuncs, hP6 {nnun J hWtr ttmprt"LLr 6,g 4a,j6pk,5,: n � glvp �lb,-OIi °m 7 W -T7 v 0 si wr fkq I [tUTPtii�1Piggtt9#3tiis4 Ififfmils it w1lii'fi1m vRi `1 Motka i kahhon ya yangin tineQngou' raan; itai pat Crntatigriu' kuraentos Chatnorro. baaa `Lite ovaj kvadrati6 aka eitate ill govorbe luvatski,iezik. Zaskrinete tato kolonku, poked ctete a hov®r le eesky, Kruis dit vakje aan als a Nedeilands kunt lezea of:sptelcm, Q Mark this box if you read or speak English. DQ -3399 75Q-47 1. Arabic 2. Armenian 3, Bengali 4. Cambodian 5. Chamorro 6. Simplified Chinese 7.Traditional Chinese 8.Croatian 9, Czech 10. Dutch 11. English 12. Tarsi El Cocher ici si vous lisez on parlez le frangais, Kreuzen Sie diesel Kastchen an, wenn Ste Deutsch lesen oder sprechen. £,t1l.tFvbcrYE anTO To Actium av btapcO-re 1 ViM-te EXXgVLIC&. Make kazye sa a si ou li oswa ou pale kreydl aylsyen. ® 3iTT aTriz qt� zTf qi-.'E qF-r i?f cTT w RzFu GT ftv F77rv- I ® Kos lub voj no yog koj paub twm thiab hais Ins Mwob, 7et6lje meg ezt a kockitt, ha megerti vagy besz6li a magyar ayelvet. ® Markaam daytoy nga kahon no makabasa wenno makasaoka iti Ilocano. El Marchi questa casella se legge o parla italiano. ® B�ao�a7�alv7�t), i�tr�t�ol��.�,I�EfJ�9717-zG7��C6\o t}�Ojs OZ;21>-+pj-4T Meq, 01 awl RA)ajAAA12. 2mwru2dee31j i1�N�u3�ut�nW�5�a�o. El Prosimy o zaznaczenie tego kwadratu, jeieli posluguje sig Pan/Pani j�zykiem polskim. DR.gln0 U.S. DEPARTMENT Or COMMERCE Emnamlas and 61a11stlea AJminlelm�lan 75Q-48 U.S. CENSUS BUREAU 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 voce le ou fala portagues, ❑ Insemnao aceasta casula daca citili sau vorbili romangte. lloMeTbTe 9TOT KaagpawK,ecru E619HTaeTe wiTroROpHTe Ho-pyccKH. El 06enewiwe onaj KBaApaTKh yKOnKKo 9HTaTe H7rK roaopr?Te cpncxH jeaHK. El OznaUe tanto "stvorcak, ak viete Maf alebo hovorif po slovensky. Marque esta casilla si lee o habla espafioh I ❑ Maekahan itong kuwadrado kung kayo ay marunong magbasa o magsalita ng Tagalog. ❑ ltimrn�in�uH�tta�ludN.tn�riTud�uHio�yNnTr�•T`1mu, ❑ Maaka 'i he puha ni kapau 'oku ke lau pe lea fakatonga. El $igMiT6Te ATO KniTm[Ky, %KMo RiT 9LrraeTe a6o rowpwc yKp ffHc6Koro MOBOTo. ❑ —lJ. IUVIf Lbs I, L,�L�%�»1.111 7 ❑ Xin d5nh dau vao 6 nay neu quy vi bi6t doc va a6i dddc Viet Ngff. ❑ .V -ON 0'w) -ly-fN u]Y»5 w 1>1N 500"1 bYT 1 17»1N1 DB.3300 US, DEPARTMENT OF COMMERCE Um, u.W [ and Shd.( [ Administre0an 75Q-49 U.S. CENSUSRUREAU 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 FarmW^?14) I sooner security numoer Request for Taxpayer `� Give Form to the (Rev. r, amber Identification Number and Certification entities, it is your employer identification number (EIN). If you do not have a number, see Hew to get a requester. Do not Oeparknenlaf th,ssary .J TIN on page 3. send tO the IRS. In[ernoI Revenue Sem I Name (as shown on your Income tax return). Name Is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above ci usm nW 3 Check appropriate box for fodoral tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to ce Main entitles, not individuals; see °❑ ndviuesproprietorrletar or C Corporation S Corporation❑PartnershlP ❑Trust/estate tructon on page 3): m c single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=portrranchlp) P Exempt payees code (I! any) --- `p Nato. Fora single -member LLG that is disregarded, do not check LLC; check the appmenade box In the line above foY Exemption from FATCA reporting the tax classltloatlon of the single -member owner, code Of any) a— e ❑ Other (see Instructions) P laaanan ron=uu,n. mar�e+maaoumm ma usJ o !� 5 Address (number, street, and apt, orsulte no.) Requester's name and address (optional) 0 at a w 6 City, state, and XIP code w m 7 List account numbers) here (aplional) Taxpayer Identification Number (TIN) Enter your TIN to the appropriate box. The TIN provided must match the name given on line 1 to avoid I sooner security numoer backup withholding. For individuals, this is generally your social security number ( page However, fora resident alien, sola proprietor, or disregarded entity, see the Part I instructions on page 3. For other `� _ entities, it is your employer identification number (EIN). If you do not have a number, see Hew to get a .J TIN on page 3. or Note. If the account Is In more khan ane name, seethe instructions for line 1 and the chart on page 4 for (-Employer identification number guidelines on whose number to enter. FFI FTTTIr Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identification number (or I am wafting for a number to he Issued to me); and 2. 1 am 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 a failure 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 (defined below); and 4. The FATCA codes) 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 certlflcatlon, but you must provide your correct TIN. See the instructions on page 3. sign Signature of Here I U.S. person P Date P General Instructions Section references are to the Internal Revenue Code unless olherwle. noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release It) Is at ww wIm.gov/rw9. Purpose of Form An Individual or 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 be your social security number (SSN), Individual taxpayer Identification number(ITIN), adoption taxpayer Identification number (ATIN), or employer identification number (EN), to report on an Information ratum the amount paid to you, or other amount reportable on an Information future. Examples of Information returns Include, but are not limited to, the following; • Form 1099 -INT (Intel car earned or paid) • Form 1091(dividends, including those from stocks or mutual funds) • Form 1099-M 180 (various types of Income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-5 (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transacilons) • Form 1096 (home mortgage Interest), 1098-E (student loan Interest), 1098-T (tulten) • Form 1099-0 (canceled debt) • Form 1099-A (acquisition or abandonment of secured propery) Use Form W-9 only If you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requesierwlth a TIN, you might be subtlest to backup withholding. See What /s backup withholding? on page 2. Sy signing the filled -out form, you: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Clalm 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 Us. trade or business Is not subject to the withholding tax on foreign f artri share of effectively connected Income, and 4. Certify that FATCA code(s) 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. Cat. No, 10231X 75Q-50 Form Form W-9 (Rev. 12-2014) Note. It you we a U,S. person and a requester gives you a farm otherthan Form W-9 to request your TIN, 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 .item, • 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); or - A domestic trust (as defined in Regulations section 301.7701-7). Special rules for pannorships. Partnerships that conduct atrade or business In the United States are generally required to pay a withholding tax under section 1445 on any foreign partnere' share of effectively connected taxable Income from such business. Further, in certain cases where a Farm W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner Is a foreign person, and pay the section 1448 withholding tax. Therefore, If you are a U,S, person that Is a partner In a pra nership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S, status and avoid sectioh 1448 withholding on your share of partnership Income. In the cases below, the following parson 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 Slates: • In the case of a dlsregarded 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 U.S. owner, generally, the U.S. grantor or other U.S, owner of the grantor trust and not the treat; and - In the case of a U.S. trust (other Ihan a grantor trust), the U.S. trust (other than a grantor trust) and hot the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign 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 5'15, Withholding of Tax on Nonresident Allons and Foreign Ehtities). Nonresident alien who becomes a resident site". Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax an certain types of income. However, most tax treaties contain a provision known as a "saving clause" Exceptions specified In the saving clause may permit an exemption from tax to continua for cedain types of Income even after the payee has otheswi.a became a U.S. resident alien for tax purposes. 11 you are a LLS. resident alien who is relying on an exception contained In the saving clause of a tax treaty to claim an exemption from U.S, tax on certain types of Income, you most attach astatement 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 as 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. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.B.-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 a resident alien for tax purposes If his or her stay In the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Anldo 20 to continue to apply even after the Chinese student becomes a resident alien of the United States, A Chinese student who qualifies 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 ora foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What la backup withholding? Persons making cedain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments, This Is called "backup withholding." Payments that may be subject to backup withholding include Intel ash tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, honempioyee pay, payments made In settlement of payment card and third party network transactions, and certain paymenefrom fishing boat operators. Real estate h'ansactlons are not 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 cedifloatlons, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding ifi 1. You do not furnish your TIN to the requester, 2. You do not codify your TIN When required (see the Part 11 Instructions an page 3 for details), Page 2 3. The IRS tells the requester that you furnished an Incomect 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 tax return (for roportabla Interest and dividends only), or 5. You do not codify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend aceounls opened after 1983 only). Certain payees and payments are exempt from backup withholding. Sea Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 far more Information. Also see Special rules tarparinershlps above. What is II reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA me acting. See Exemptlan from FATCA reporling code on page 3 and the Instruotans for the Requester of Form W-9 for more Information. Updating Your Information You most provide updated Information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments In the future from this person. For example, you may need to provide updated Information If you are a G corporation that elects to be 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 treat dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of S50 for each such failure unless your failure Is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you ore subject to a $500 penally. Criminal penalty for falsifying Information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines serer Imprisonment. Misuse of TI Ns. If the requester discloses or uses TINS In violation of federal law, the requester may be subject fo civil and cdminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Farm W-9 IS fora 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 Adminisbntien (SBA) of the name change, enter your IIrst name, the last name M 3119Wn On your social security card, and your new last name. Note. ITIN applicant: Enter your Individual nems 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 Form 1040/104 OMI 04OEZ you filed with your application. F. Sole proprietor or single -member LLC. Enter your Individual name as shown on your'1040/1040AI1040EZ an line 1. You may enter your business, trade, or "doing business as" (DBA) name on Ilea 2, c. Partnership, LLC that is not a single -member LLC, C Corporation, .,S Corporation. Enter the entity's name as shown on the entity's tax return online 1 and any business, trade, or DBA name on line 2. it. Other entities. Enter your name as shown on required U.S. federal tax documents online 1. This name should match the name shown on the charterer other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. a. Disregarded entity. For U.S. federal lax purposes, an entity that is dim'agarclod as an entity separate from its owner is It rated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The carne on line 1 should he the name shown on the income tax mium 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 lire 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that Is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity Is aforeign person, the owner must ..moral. so appropriate Form W-8 Instead of a Form W-9. This Is the case even If the foreign parson hes a U.S. TIN, 75Q-51 Form W-9 (Rev. 12-2014) Page 3 Line 2 11 you have a business name, trade name, DBA 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 an line t is an LLC treated as a partnership for U.S. federal tax purposes, check the "Limited Liability Company" box and enter 'Pe In the space provided. If the LLC has filed Form 8822 or 2553 to be laxed as a corporation, check the "Limited Liability Company" box and In the space provided enter "O" for C corporation or "S" for S corporation, If it is a single -member LLC that is adisregarded entity, do not check the "Limited Liability Company" box: Instead check the fist box In line 3 "Individual/sole proprietor or single -member LLC." Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter In the appropriate space in line 4 any code(s)that may apply to you. Exempt payee code. Generally, individuals (including sole proprietors) are not exempt from backup withholding, a Except as provided below, corporations are exempt from backup Withholding for certain payments, Including Interest and dividends. a Corporations are not exempt from backup withholding for payments made In settlement of payment card or third party network transactions. a Corporations are not exempt from backup withholding with respect to attorneys' fees or grass proceeds paid to attorneys, and corporations that provide medical or health care services 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 401(Tf(2) 2—The United States or any of its agencies or Instrumentalities 3—A state, the Meat of Columbia, a U.S. commonwealth or possesslon, or any of their political subdivislons or instrumentalilles 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 Stales, the District of Columbia, or a U.S, commonwealth orposses tion 7—A futures commission merchant registered with the Commodity Futures Trading Commission 6—A real estate Investment trust 8—Ah entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a 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 train backup withholding. The chart applies to the exempt payees listed above, l through 13. IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncevered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to he Generally, exempt payees reported and direct sales over $5,000' 1 through 52 Payments made In eetllement of &t payees 1 through 4 payment card or third party network transactions I See Form 1099-MISC, Miscellaneous Income, and Its Instructions. 'However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding; medical and health care payments, atlerneys' fees, gross proceeds paid to an attorney reportable under section 6045th and payments for services paid by a federal executive agency. Exemption from FATCA reporting coda. The following codes Identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, If you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncedaln 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 section 60 Us) or any Individual retirement plan as defined in section 77DI(a)(37) B—Tho United States or any of its agencies or Instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities D—A corporation the stock of which Is mg ularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(.)(1)(1) E—A carpomlion that la a member of the same expanded affiliated group as a corporation described In Regulations section 1.1472-1(.)(1)01 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 851 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 ..defined In section 561 I broker L—A trust exempt from tax under section 664 or described In section 4947(a)(1) M—A tax exempt trust under section 403(6) plan Or ... unit 457(8) plan Nate. You may wish to consult with the financial Institution requesting this form to determine whether the FATCA code 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 Farm W-9 will mail your Information returns. Line 6 Enter your city, state, and ZIP code. Part I. 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 SEN, your TIN is your IRS individual taxpayer Identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to gat 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 LLC that Is disregarded as an entity separate from Its owner (see Limited Liability Company (LLC) on this page), enter the owner's SEN (or EIN, If the owner has one). Do not enter the disregarded entity's EIN. If the LLC Is classified as a corporation or partnership, enter the entity's FIN, Note. See the chart on page 4fer further clarification of name and TIN combinations. How to gat a TIN. If you do not have aTIN , 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 get this form online at www.ssa,gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application far IRS Ihall Taxpayer droll ligation Number, to apply for an ITIN, or Form SS -4, Application for Employer Identl(!.alien Number, to apply for an FIN. You can apply for an EN online by accessing the IRS website at www3nrGoWbuslnesses and clicking on Employer Identlflcatlon Number BIN) under Starting a Business. You can get Forms W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1-600-TAX-FOHM (1-000-029-3676). if you are asked to complete Form W-9 but do not have a TM, apply for a TIN and write "Applied Far" In the spaca for the TIN, sign and date the form, 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 requester 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: Adisregarded U.S. chilly that has a fomlgn owner must use the appropriate Form Ill 75Q-52 Farm W-9 (Rev. 12-2014) Page 4 Part H. Certification To establish to the withholding agent that you are 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 a joint 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 payea code earlier. Signature requirements. Complete the certification as Indicated In Items i through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered Inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must crass out Item 21n the certification before signing the form. S. Real estate transactions. You must sign the cartificallon. You may cross out Item 2 of the certification. 4, Other payments. You must give your correct Tl N, but you do not have to sign the c ntificatlon 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 rants, royalties, goods (other than bilis for merchandise), medical and health care services (including payments to corporations), 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 gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage Interest paid by you, acquisition or abandonment of secured property, can collation of dubt, cru allfied tuition program payments (under section 529), IRA, Covardell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you de not have to sign the certification. What Name and Number To Give the Requester For this type of account: Give name and SEN of: 1. Individual The Individual 2, Two or more Individuals dolor The actual owner of the account or, account) if combined funds, the first individual on the account' S. Custodian account of a minor Tho mint' (Uniform Gift to Minam Aot) 4. a, The usual revocable savings The grantor -trustee' trust (grantor Is also trustee) b. So-called trust account that Is The actual owner' hat a legal or valid trust under state law 5. Sale proprietorship or disregarded The 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)(i) (A)) Far this type of acca unt: Give name and FIN of: 7. Disregarded entity not owned by an The owner Individual 3. A valid frust, estate, or pension trust Legal entliv 9. Corporation or LLC electing The corporation corporate status on Farm 8032 or Form 2553 10. Association, club, religious, The organization charitable, educational, or other tax- exempt organa ation 11. Partnership or multi -member LLC The partnership 12. A brokeror registered nominee i' he broker or nominee 13. Account with the Department of The public entity Agriculture In The name of a public entity (such as a state or local government, school district, or prison) that reserves agricultural program payments 14. Grantor trust flung under the Form The fru at 1041 Filing Method or the Optional Farm 1099 Filing Method 2 (see Regulations section 1.871-4(6)(2)(1) (B)) ' L181 fist and circle the nem. of the porion whose number you furnish, if only one person on a joint account has an SSN, that person's number must be fumerhed. 'Circle the rnlnor's name and furnish the miner's SSN. o You must show your individual name and you may also enter your business or DBA mama on the "Busloona gameldroucadrded entity" memoirs. You may use either your SSW or FIN (lives have one), but the IRS encourages you to use your SEN. ' List Iloet and chole the name of the trust, estate, or pension trust (Do not furnish the TIN of the personal representative or trustee unless the legal amity Itself Is not designated Inthe account title.) Also one Special miss for pad arthips on page 2. *Note. Grantor also must provide a Form W -g to uustea of trust. Note. If no name Is elected when more than one name Is listed, the number will be considered to he 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 Information, without your permission, to commit fraud or other crimes. An Identity thief may use your SSN to get a job or may (Ile 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 carefut when ohousing a tax preperec If your tax records are affected by Identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by Identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit second, contact the IRS Identity Theft Hotline at 1-800-988-4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance, Victims of Identity theft who are experiencing economic berm or a system problem, or are seeking help In resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (YAS) assistance. You can reach TAS by calling the TAS tell -free case Intake line a1 1-877-777-4778 or 7TY77DD 1400-829-4059. Protect yourself from suspicious emails or phishing schemes. Phiching is the creation and use of email and websites designed to mimic legitimate business amatls and wobstios. The most common act is sending an email to a user falsely assuming to bean established legitimate enterprise In an attempt to scam the user into surrendering private Information that will be used for Identity theft. The IRS does not Initiate contacts with taxpayers via emells. 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 email claiming to be from the IRS, forward this message to plashlogrifougov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tau Administration (TIGTA) at 1-800-366-4484. You can forward suspicious amatls to the Federal Trade Commission at: spam®uce.gov or contact them at www.1lc,gov1idthaR or 1-877-IDTHEFr (1-877-438-4338). Visit IRS.gov to learn more about Identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to parsons (Including taboret agencies) who are required to file Information returns with the IRS to report interest, dividends, or certain other Income paid 10 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 Ole Information returns with the IRS, reporting the above infohnetion. Routine uses of this Information Include giving It to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use In administering their laws. The In€ormallon also may be disclosed to other countries under a treaty, to federal and state ageneles 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 life a tax return. Under section 3408, payers must generally wlItihold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give aTIN to the payer. Certain penalties may also apply for providing false or fraudulent Information. 75Q-53 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 2231 S. BRISTOL STREET (APN 015-194-36) 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 prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. Resolution No. 2017 -XXX Exhibit 3 Page 1 of 6 75Q-54 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 2231 S. Bristol Street (APN 015-194-36), 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 75Q-55 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: V�- /yam, f J066 M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75Q-56 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 75Q-57 6/20/17 Exhibit "A" Legal Description A,P,N,: 015-19436 Real property In the City of Santa Ana, County of Orange, State of Californla, described as follows: LOT 187 OF TRACT 1192 AS PER MAP RECORDED IN BOOK 39, PAGES 16 AND 17 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Resolution No. 2017 -XXX Page 5 of 6 75Q-58 EXHIBIT B :u ZI NX��ECe �O 0 Cc) (&,�J�,, 51'f:'F)FU0.'G YIE 0v �l \'� e4 1 _oo & O U(V� 0}� b _ Vl O U O ) a O 1.3 Y M Ste" �i i ij W 0 O O O i. tee;_$.=_-�.r«_. •_ ,.a3 ..,< q O @ 0 O O O k ® (D ci U Y ��N x , m.�_ ....,.�5�• I4�ews wrr_ @ e O O Q g'� •ea 4 'V' N ":,Y K. S e 5.e[tL.. W-- i2 e6lL_ { -- suis -- iMMN£R-/enm.vµ/ AI•ENIM Q ., x10.43 Resolution No. 2017 -XXX Page 6 of 6 75Q-59 75Q-60 75Q-61 06/15/2017 THV 10:22 FAX PETERSON LAW GROURi7 gN ! AES 10: 21 PROFESSIONAL CORPORATION SUITE 290 19800 MACARTHUR BOULEVARD MTY OF SANT. ANA IRVINE, CALIFORNIA 92612 CLERK OF COUNI IL 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 4001/001 Via Personal Delivery and Facsimile Re: Hearing on Resolution of Necessity — Antranik Ozbag Zorayan Bristol Street Widening Project APN 015.194.36 2231 S. Bristol Street, Santa Ana, CA ("Subject Property") Dear Members of the City Council: This office represents Antranik Ozbag Zorayan, 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. Mr, Zorayan 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 75Q-62