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75N - PH - RESO NECESSITY 2120-2130 S BRISTOL
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2120-2130 SOUTH BRISTOL STREET (PROJECT NO. 116741) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the partial condemnation of the real property located at 2120-2130 South Bristol Street (APN 408-471-01) 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, partial acquisition of the parcel at 2120-2130 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 13 months. A good faith offer was made on January 30, 2017, in the amount of $72,400 (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. 75N-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 2120-2130 S. Bristol Street June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $72,400 are appropriated in the Bristol Street Improvements Project (No. 116741), Measure M2 Street Construction Fund (Account No. 03217663-66100), for transfer to the State Treasurers Office Condemnation Deposits Fund in FY 2016-2017. I JA Fred 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: Francisco Gutierrez Executive Director Finance & Management Services Agency 75N-2 MATCHLINE SEE BELOW RIGHT I I 1408.338.77 1 V a� I I I ST GERTRUDE PL --r------T----.—. 1408-471.011 I I i W 408.411.1 W I VJ OI � j ;r I � d08 -n71.06 I %- x--11-' Z/-- I - IC1 6154£N-23� 018-18424, 'Pt5-19h-2& 016.194-28; MA94-3y I I � WARNER AVENUE LEGEND= -SUBJECT P56PEPI r - FULL sam5?rzan -kOpCrPUD PPOPEPT[E3 I - I I I I I i3 � ry l I I _..i..i... _.i ST ANDREW PL A. CARLTON PL —7-7- v f:_ 7-'7'_�_. T.. ww GLENWOOD PL J j ! m AL r r m --t- r- -i--- j j gi w , CAMDEN PL �3T ANNE PL �J ryl I I -T`T"T-�� l of I I I EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA ANA RESOLUTION DETERMINING PUBLIC II CITY COUNCIL FOR INTEREST AND NECESSITYP W A AGENDA DATE; PROPERTY AT HE AC1©0 SOUTH BRISTOL STREET PUe�m wa� JUNE 20, 2017 (PROJECT NO. 116741 NONGENERAL FUND) (Strategic Plan No. 6, 1G: and 3, 2CJ PAGE 1 OF 1 75N-3 City of a Ana I Bristol Street Improvements -Warner Avenue to Saint Andrew Place Parcel File No. 408-471-17 Owner of Record: AU Zone Santa Ana, LLC, a California limited liability company Additional Owner(s) of Record: N/A Property Address: 2120-2130 S, Bristol Street, Santa Ana, CA 92704 This Is to acknowledge receipt of the offer package containing the following items: Offer letter dated January 30, 2017 which includes: Preliminary Report Issued by Title Company (Attachment 1) Property Legal Description & Plat Map (Attachment 2) Statement of Just Compensation (Attachment 3). Summary Explanation Statement (Attachment 4) o City of Santa Ana Handbook on Acquisition (Attachment 6) m Your Rights Under Title A (Attachment's) ® W-9 Form (Attachment 7) Please return the SIGNED Receipt of Offer Package in the envelope enclosed. AU Zone Santa Ana, LLC, a California limited liability company M Its: Date: EXHIBIT 2 75N-4 MAYOR Miguel A, Pulldo MAYOR PRO TEM Michele Martinez COUNGILMEMBERS P, David BenaVides Vicente Sarmiento Jose Solodo- sat Thojero :Juanviliegas. Janaury 30, 2017 CITY OF SANTA ANA 20 CIVIC Center Plaza PO, Box 1998 -Santa Ann, California 92702 714:647-5093 m tmit1a-ena.ti3r4 AU Zone Santa Ana LLC 5850 Canoga Avenue Suite 650 Woodland Hills, CA 91367-6573 SUBJECT: REVISED "OFFER TO ACQUIRE PROPERTY RIGHTS xrT. 2120-2130 S. BRISTOL STREET, SANTA ANA, CA 92704 APN: 408-471-17 Dear Property Owner, This Offer supersedes all previous Offers to Acquire, ACTING CITY MANAGER Gerardo Manor CITY ATTORNEY Sona R. Carvallta CLERK OF THE. COUNCIL, Maris p.. Huluar Via Certified Mail The City of Santa. Ana ("City") is proceeding with its plans to construct Phase 4 of the Bristol Street improvements Project between Warner Avenue and Saint Andrew Place, The City obtained ra preliminary title report that lists AU Zane Santa Ana, LLC,'a California limited liability company to be the vested owner of the above-mentioned property as shown in Attachment 1. The City seeks to acquire 'a portion of your property totaling 258 square feet in size on the property located at the above-mentioned address, which consists of the underlying real property as described and delineated in Attachment 2. The area to be acquired is referred to herein as the "Property Interest'. No final determination has been made as to the ownership of the above-mentioned 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 an interest therin, all parties with such interest must accept this offer. As you know, the City had your property appraised to determine its fair market value. The appraisal was conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. Based on the appraisal, the City offers to purchase the Property Interest for $72,400.00 The basis for this offer is explained more thoroughly in the attachments to this letter that are made apart of this offer by reference. 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, 75N-5 2120-2130 S. Bristol Street January 30, 2017 Page 2 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property Interests, 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 Interest, 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 Interest 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 total amount established by the appraisal as the fair market value of the Property Interest 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 Interest will be provided to you for your review and approval. It is the desire of the City to acquire private property interests 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 the Property Interests. 2120-2130 S. Bristol Street 75N-6 January 30, 2017 Page 3 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call City's acquisition consultant, Jesse Ortiz from Epic Land Solutions, Inc. at (310) 626-4843. Sincerely, X� Jason Gabriel, Principal Civil Engineer cc: Anthony Lanza, Esq. 75N-7 CLTA Preliminary Paport Farm (Rev, 11106) Customer Reference: Order Number. Title Crfficer: Phone: Fax No.: E -Mail: Property. an ATTACHMENT Order Number; C -SA -4443322 Page Number: 1 Updated; Fire American 'Title Company 323 Court Street San Bernardino, CA 92461 O -SA -4443322 (22) Matt Hooks (909}380-8739 (866)566-3986 X_mhooks@firstam:c8m 2139 South Bristol Street Santa Ana, CA may nereny reports ura2Rls prepared to'iisuef or is land and the estate or'interest therein 'live or encumbrance not shown or' referred to as. Ilbons and Stipulations of said Policy forms, Please read the exceptions shown or referred to Below and the exceptions and exclusions satfarth in Ekhiblt Aofthis report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should he carefully considered. It Is Important to note that this' preliminary report Is out'a written representation as to the condition of title and may not list all liens,defects, and encumbrances affecting title to the land. Binder First American Title page I or Is 75N-8 of a policy of title Insurance, a Order Number: O -SA -4443322 Page Number: 2 Dated as of September 01, 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: AU ZONE SANTA ANA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 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 for pole lines, conduits and incidental purposes in the document recorded June 6, 1956 in Book 3536, Page 165 of Official Records. 4. Covenants, conditions, restrictions and easements in the document recorded in Book 12561, Page 1746 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any fust mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code § 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955, Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 5. Abutter's rights of ingress and egress to or from Bristol Street, except at street intersections, have been dedicated or relinquished on the filed Map. FlrstAmerlcan Title Page 2 of 15 75N-9 ON Ga 0 10. 11. 12. 13. Order Number: a -SA -44433%7, Page Number: 3 An easement shown or dedicated on the Map as referred to in the legal description For: Public utilities and incidental purposes. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions In the document recorded February 15, 1979 in Book 13037, Page 248 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, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of Income (as defined in California Government Code § 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Note: You may wish to contact the homeowners association referred to in the above document for information regarding assessments, transfer requirements or other matters. Document(s) declaring modifications thereof recorded May 5, 1994 as Instrument No. 94- 0311627; October 28, 1997 as Instrument No. 19970539082 and January 13, 1998 as Instrument No. 19980017181, all of Official Records. An easement for underground electrical supply systems, communication systems and incidental purposes, recorded July 11, 1979 in Book 13224, Page 1211 of Official Records. In Favor of: Southern California Edison Company, a corporation Affects: 6 foot strips lying within Parcels 5 and 6 and 14 foot strips lying within all parcels An easement for Ingress, egress, parking areas and Incidental purposes in the document recorded November 12, 1980 in Book 13830, Page 712 of Official Records, An easement for public utilities and incidental purposes, recorded December 24, 1997 as Instrument No. 19970662725 of Official Records. In Favor of: The City of Santa Ana, a municipal corporation Affects: A portion of Parcels 2, 4, 5 and 6 of Parcel Map flied in Book 130, Pages 3 and 4 An easement for public utilities and incidental purposes, recorded December 24, 1997 as Instrument No. 19970662726 of Official Records, In Favor of: The City of Santa Ana, a municipal corporation Affects: A portion of Parcels 4 and 5 of Parcel Map filed In Book 130, Pages 3 and 4 An offer of dedication for public right-of-way and incidental purposes, recorded January 13, 1998 as Instrument No. 19980017927 of Official Records. To: The City of Santa Ana An offer of dedication for public right-of-way and incidental purposes, recorded January 13, 1998 as Instrument No. 19980017928 of Official Records. To: The City of Santa Ana F%CStAmertcan Tltle Page 3 of 15 75N-10 Order Number: O.5A,4443322 Page Nurrlber: 4 14. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require, 15. With respect to AU Zone Santa Ana, LLC, a California limited liability company: a. A copy of Its operating agreement and any amendments thereto; L If it is a California limited liability company, that a certified copy of its articles of organization (LLC -1) and any certificate of correction (LLC -11), certificate of amendment (LLC -2), or restatement of articles of organization (LLC -10) be recorded in the public records; c. If It is a foreign limited liability company, that a certified copy of its application for registration (LLC -5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other Information which the Company may require Rist ArnalY 7 Ttle Page 4 of 15 75N-11 Order Number: O -SA -4443322 Page Number: 5 -- ---. 1 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. 1. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $129,951.72, PAID Penalty: $0.00 Second Installment: $129,951.72, PAID Penalty: $0.00 Tax Rate Area: 11-102 A. P. No.: 408-471-17 2. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(r) Commercial Structure known as 2130 South Bristol Street, Santa Ana, California. 3. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 4. We find no open deeds of trust. Escrow please confirm before closing. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage Is expressly provided by the terms and provisions of the title Insurance policy, If any, to which this map is attached. FirstAmerican Title Page 5 of 15 75N-12 Order Number: O-SA^4443322 Page Number. 6 LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL A: PARCEL 1, AS SHOWN ON EXHIBIT "B" ATTACHED TO LOT LINE ADJUSTMENT LL 79-9 RECORDED NOVEMBER 21, 1979 W BOOK 13406, PAGE 575 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL B: PARCELS 3 AND 6, AS SHOWN ON A MAP FILED IN BOOK 130, PAGES 3 AND 4 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL C: PARCELS 1, 2 AND 3, AS SHOWN ON EXHIBIT "B" ATTACHED TO LOT LINE ADJUSTMENT LL 97- 16 (97-016) RECORDED JANUARY 23, 1998 AS INSTRUMENT NO. 19980037939 OF OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA. APN: 408-471-17 FirstAmerican Title Page 6 of 15 75N-13 Order Number: O -SA -4443322 Page Number: 7 61 -ale 88.001 Il D 'yj �r 3nN3�b= g lorox ,xr3ai U3NtlVM § � H �a N ltlltLl tl39 ]5 � 0 ems'; A SQ�M Y��Qaa 8 3�v7d �onata.�s Ys8 FlrstAmertcan Title Page 7 of 15 75N-14 ti g4O e m � o o�O m� € 7 N � g O 4 a a$ a e$ as R k h 8 3�v7d �onata.�s Ys8 FlrstAmertcan Title Page 7 of 15 75N-14 ti ATTACHMENT EXHIBIT `A' LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES —AP No. 408-471-17 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA., BEING THE EAST 5.10 FEET OF A PORTION OF PARCEL 6 PER MAP RECORDED IN BOOK 130 OF PARCEL MAPS, PAGES 3 AND 4, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 6; THENCE, ALONG THE SOUTH LINE OF SAID PARCEL, NORTH 88°13'46" WEST, 25.00 FEET TO A LINE, SAID LINE BEING THE WEST LINE OF THE EAST 25.00 FEET OF SAID PARCEL 6, AS DESCRIBED IN THAT INSTRUMENT RECORDED JANUARY 13, 1998 AS INSTRUMENT NUMBER 19980017928, OFFICIAL RECORDS OF SAID COUNTY; THENCE, ALONG SAID WEST LINE NORTH 1046'14" EAST, 37.25 FEET, PER SAID INSTRUMENT, TO THE TRUE POINT OF BEGINNING; THENCE, PER SAID INSTRUMENT, PERPENDICULAR TO SAID WEST LINE SOUTH 88013'46" EAST, 16.10 FEET; THENCE, PER SAID INSTRUMENT, PARALLEL WITH SAID WEST LINE, NORTH 1'46'14" EAST, 50.57 FEET; THENCE, PER SAID INSTRUMENT, PERPENDICULAR. TO SAID WEST LINE NORTH 88013'46" WEST, 16.10 FEET TO SAID WEST LINE; TEENCE, PER SAID INSTRUMENT, ALONG SAID WEST LINE, SOUTH 1'46'14" WEST, 50.57 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 258 SQUARE FEET, MORE OR LESS ALL AS SHOWN ON EXHIBIT T', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY. THIS DESCRIPTION HAS BEEN PREPARED BY ME ON SEPTEMBER23, 2015 ANTHONY C. CUOMO, PLS 6042 75N-15 Anthonyf Cuomo No, 42 o CU Ian1 h nr —0 z 0 o v o I Cl)o �k ¢ o gh o W W Z r W W3W 2� ` z p .. aZh d- 43- oiSylkV �4i oa. j 9 Sado Sl� P a a C �O �'O ('') 'D 1... W d W z W jgm V OOCO0 ZZZZ yds a OJ m s- o>$ J J J J W W It < 6 61=in 2 K< '1SNO3 S 101Slci z 0 J3/�SNS 3-tiT,9V-TON of �o Ea O Lo nW T-1� u� U d� i6a.a TrOz W zwa TW 00'bT b� 00'trT w d o p$p,U —. — 4 a N o N O T -1O OO i Q N Lo U)w N 00 [] N O In J of N N NLi 3 d N m O to Z N 3 0 d' to U d n r O N W W �D ti a o a J e03 ajm� ' com J .ti u 07 4 z Z Ao d < W �z�m O K�Uh r ZwEti X d ,OO 'SST 3„bT,9b-i0N 0 y 75N-16 ATTACHMENT STATEMENT OF JUST COMPENSATION Assessor's Parcel: 408-471-17 Property Owner: AU Zone Santa Ana, LLC, a California limited liability company Property Address: 2120-2130 South Bristol Street Zoning: C-2 (general commercial). Topography: Santa Ana, California Location of Parent West side of Bristol Street, beginning 265± feet north of Warner Avenue, within Property: the corporate limits of the City of Santa Ana. Description of Parent The parent property is presently improved with a shopping center Property: development comprising several buildings of reinforced concrete block and wood fi•arme construction. The center is anchored by a Food 4 Less grocery market. The development was originally constructed in approximately 1980 and renovated throughout the years. Other appurtenant on-site improvements located within the boundaries of the subject parcel include asphalt paving, concrete paving, concrete block walls, concrete curbing, light standards, Date of Value: parking signs, business monument sign, marked automobile panting spaces, inground irrigation system, and ornamental landscaping. The development is situated on a parcel containing 10,451 acres, or 455,2021 square feet of land area. Zoning: C-2 (general commercial). Topography: Effectively level topography. Utilities: In place at site. Highest and Best Use: Highest and best tue is defined as the reasonably probable and legal use of land, which is legally permissible, physically possible, and frnancially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. The results of the highest and best use analysis are: As if Vacant: Commercial development, As improved: Existing use. Date of Value: December 14, 2016 Public Use for Bristol Street Improvement Project Property: Estates to be Fee simple acquisition. Acquired: ]Legal Description: The legal description of the acquisition area was prepared by Johnson -Frank & Associates, Inc. Area to be Acquired: Acquisition area: 258 sq.ft. Total Just $72,400. Compensation: 75N-17 SUMMARY OF THE BASIS FOR JUST COMPENSATION The purpose of the appraisal study is to express an estimate of total just compensation applicable to the proposed partial acquisition of the subject parent property. Just compensation is based on a quantitative measure of market value. Market value is defined in The California Code of Civil Procedure, §1263.320, as: %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 sander 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 pr'oper'ty taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable. " Additionally, Section 1263.330 provides that the fair market value shall not include an increase or decrease in value attributable to the project for which the property is to be acquired. Accordingly, the subject property has been appraised absent any influence of the proposed freeway interchange improvement project. There are three conventional methods (approaches) which can be utilized to estimate value. They are the Sales Comparison Approach, Cost -Summation Approach, and Income Capitalization Approach, The Sales Comparison Approach has been employed herein to estimate the value of the subject underlying land parcel which will be utilized in the valuation of the proposed acquisition, The Sales Comparison Approach has been employed herein to estimate the value of the subject underlying land parcel which will be utilized in the valuation of the proposed acquisition, The Income Capitalization Approach have been applied to the relevant portion of the larger parent property for the purpose of facilitating estimation of severance damages relating to the loss of two automobile parking spaces. Certain elements of the Cost -Summation Approach have been employed herein for the purpose of estimating costs associated with reconstructing the outdoor patio seating area. Value of Parent Property Before Acquisition: Sales Comparison Approach, The Sales Comparison Approach takes into account properties which have sold in the open market. This approach, whether applied to vacant or improved property, is based on the Principle of Substitution which states, "The maximum value of a property tends to be set by the cost of acquiring an equally desirable substitute property, assuming no costly delay is encountered in making the substitution. " Thus, Ute Sales Comparison Approach attempts to equate the subject property with sale properties by analyzing and weighing the various elements of comparability. 75N-18 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Acquisition: (Continued) Sales Comparison Approach: (Continued) The Sales Comparison Approach was utilized to estimate the value of the subject land parcel after an investigation and analysis was conducted of recent sales involving reasonably comparable land parcels within the greater subject market area. Land Value: Following is a summary of those sales considered helpful when estimating the value of the subject land, as if vacant and available for a highest and best use development. C. 3-16 CC 18,225 sf* no ves Street $1,350,000. Data Date Zonula Land Size Alley Corner Frontage Sale Price $ Per SF A. 8-15 C-2 15,000 sf yes yes 250 feet $ 500,000. $33.33 NWC Walnut St. and Orange Ave., Santa Ana $ 870,000. B. 1-16 C-2, R- 34,721 sf no yes 489 feet $1,975,000. $56.88 2 E. 7-16 C-1 11,328 sf no no E/S CITand Ave., btwn. 1 ` St. and 2°d St., Santa Ana 440,000. C. 3-16 CC 18,225 sf* no ves 270 feet $1,350,000. $74.07 NWC South St. and Canmrrita Rd., Cerritos D. 7-16 CG 12,000 sf yes no 100 feet $ 870,000. $72.50 E/S Beach Blvd., 230' N/O Commonwealth Ave,, Buena Park E. 7-16 C-1 11,328 sf no no 96 feet $ 440,000. $38.84 N/S 5"' St., 306' W/O Bristol St., Santa Ana F. 8-16 CG 15,682 sf no yes 250 feet $ 630,500. $40.21 NEC Ball Rd. and Western Ave., Anaheim *Net land area, exclusive of future required sheet dedication. The properties surveyed are located within the general subject vicinity, and represent the most recent comparable land sales available for analysis, The properties range in size from 11,328 to 34,721 square feet of land area. The overall purchase prices range from $440,000 to $1,975,000, reflecting a range of value between $33.33 and $74.07 per square foot of land area. Certain of the land sales data considered extended over a time period back to the third quarter of 2015. The time frame permitted the development of a rather comprehensive real estate market profile. The sales employed in this report are set forth in chronological order, and took place between August, 2015 and August, 2016. Differing market conditions were considered in the analysis of the individual sale properties. 75N-19 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Acquisition: (Continued) Saes Comparlson Approaek: (Continued) Land Value: (Continued) After viewing all of the sale properties, and obtaining certain information pertinent to land value, the appraiser analyzed the various elements of comparability for each sale property (as compared to the subject property) which, among others, include the following: General location. Immediate environmental influences. Zoning. Vehicular and pedestrian access. Vehicular and pedestrian traffic, Land area. Availability of public alley. Overall developability, Site frontage/depth ratio, Site prominence and exposure, Proximity to freeway, Land configuration. A Relative Comparison Analysis (RCA) has been conducted between the individual comparable properties and the subject property. The RCA is a qualitative technique for analyzing comparable sales, and is a valuable tool employed to illustrate whether the characteristics of a comparable property are inferior, superior, or similar to those of the property under appraisement. The Relative Comparison Analysis is similar to paired data analysis. This technique acknowledges the imperfect nature of the subject real estate market. The primary objective is to bracket the subject property between the comparable sales with respect to the similarity, superiority, and inferiority thereof. Superior elements of comparability of an individual sale property would reflect a downward adjustment to the value indication thereof. Conversely, inferior elements suggest an upward adjustment. Additionally, it is important to note that the above elements of comparability were not assigned equal weight in malting the analysis of each property. The general location, vehicular accessibility, overall developable density, site conditions, site prominence/exposure, and land size were considered the most important factors in the subject case. All of the sale transactions employed herein were considered helpful in the land valuation analysis of the subject property. The purchase price per square foot of land area has been utilized herein as the primary indication of value inasmuch as it is most commonly utilized by market participants. The properties have been compared to the subject property with respect to the various elements of comparability. Following is a summary relating the overall comparability of the individual sale properties employed in the subject land value analysis. Continued .. . 75N-20 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Properly, Before Acquisition: (Continued) Sales Comparison Approach. (Continued) Land Value. (Continued) Overall Data Comparabili. $ Per SF A inferior $33.33 E inferior $38.84 F slightly inferior $40.21 Subject - - - - $5.5.00 B similar $56.88 D superior $72.50 C superior $74.07 After considering the various elements of comparability, as well as economic and 'financial conditions prevailing during the consummation of the various sale properties, when compared to current market conditions, it is the appraiser's opinion that the unencumbered fee simple market value of the subject site, as if vacant and available for commercial development, is estimated at $55.00 per square foot of land area. Income Capitalization Approach: As stated, the larger subject parent ownership comprises a relatively large shopping center development situated on over 10 acres of land and anchored by a Food 4 Less grocery market. Inasmuch as the proposed acquisition area impacts a relatively minute land area compared to the larger 10± acre parcel, valuation of the larger parcel has been focused on the three -unit commercial retail building situated adjacent to the acquisition area, It is reasoned that the monetary impact resulting from the acquisition is isolated to said building and the appurtenant automobile parlcing/-landscape areas. The building has been considered and appraised as part of the larger shopping center facility. The Income Capitalization Approach is the primary valuation methodology applicable herein. The Income Capitalization Approach is based on the capitalization of net income generated, or capable of being generated, by the subject property. The net operating income is the product of the estimated gross rental income, less allowances for long term vacancy/credit loss and various operating expense charges. The income/expense pro forma set forth herein is intended to reflect a typical stabilized holding period. Following is the income and expense schedule considered applicable to the subject property. Continued .. . 75N-21 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Acquisition: (Continued) Income Capitalization Approach: (Continued) Subject building: Unit 2130 A: 2,625 SF @ $2,85 = $ 7,481. Unit 2130 B: 1,900 SF @ $2.85 = 5,415, Unit 2130 C: 950 SF @ $2.85 = 2,708. Total gross monthly income: $15,604, Total gross annual income: $15,604 x 12 = $187,248 Vacancy and credit loss (3.0%): - 5,617. Effective gross annual income: $181,631. Annual expenses: $/SF %EGI Real estate taxes (by tenant): $0.00 0.0% $ 00. Insurance (by tenant): 0.00 0.0% 00. Management (5%): 1.66 5.0% 9,080, Legal and accounting : 0.16 0.5% 850. Maintenance/repairs: 0.46 1.4% 2,500. $2.28 6.9% Total annual expenses: - 12,430. Net annual operating income: $169,201, Capitalization of net income: -- ---- - - - - - - $169,201 capitalized at 5.25% _ $3,222,876. Based on the foregoing analysis, the market value of the fee simple interest in the subject building and appurtenant on-site improvements, as indicated by the Income Capitalization Approach, and as the date of value set forth herein, is estimated at $3,222,876. Value of Part Acquired as Part of Whole, Before Acquisition: In summary, the project as it relates specifically to the parent ownership, involves a fee simple acquisition of 258 feet for the purpose of widening Bristol Street to its ultimate right-of-way width. As previously stated, the Sales Comparison Approach has been employed herein to estimate the underlying land value of the larger parent property. The acquisition area has been considered and analyzed as par( of the larger parent ownership. The fee simple land value applicable to the parent property was estimated at $50.00 per square foot of land area. 75N-22 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Part Acquired as Part of Whole, Before Acquisition: (Continued) As stated, the outdoor patio area appurtenant to the Panda Express tenancy will be displaced by the project. As compensation relating thereto, and as a means of mitigating severance damages, a new outdoor patio seating area will be constructed along the north side of the building. Relocation of the seating area will result in the permanent loss of two on-site automobile parking spaces which is an element of severance damages. Compensation has been included herein for the reworking of on-site improvements along easterly elevation of the "Panda Express" building in order to aesthetically match existing surrounding improvements. The value of the part acquired, considered as part of the whole parent ownership, before acquisition is estimated as follows: Acquisition area: Land: 258 SF @ $55,001 = $14,190. Improvements: 00.2 Total value of partial acquisition (land, improvements): $14,190. Unencumbered fee simple value of underlying land parcel. a Compensation included herein as curable damages, based on the estimated cost -to -cure. Value of Remainder, Before Acquisition: The value of the remaining portion of the subject parent land parcel based on its existing residential use, after acquisition, before consideration of severance damages and project benefits, is estimated as follows: Value of parent property, before acquisition: $3,222,876. Less value of part acquired (land value): -14 19_0. Value of remainder, after acquisition, before consideration of damages and benefits: $3,208,686. Curable Damages: Severance damages are defined in Real Estate Valuation in Litigation, published by The Appraisal Institute, Page 289, as "the diminution of the market value of the remainder area, in the case of a partial taking, which arises (a) by reason of the taking (severance) and/or (b) the construction of the improvement in the manner proposed. " It will be necessary to construct an outdoor seating area comprising 165 square feet, with adjacent landscape buffer containing 650 square feet. Proposed improvements include concrete paving, ornamental 4 -foot high wrought iron fencing, and security lighting. It is also necessary to remove remnant improvements of the former patio area (not within take area) and reconstruct on-site improvements along the new right-of-way to match existing improvements along Bristol Street. Without performing said mitigation measures, the remainder property will be adversely impacted. The value diminution resulting from the potential loss of utility and/or rental income due to the adverse conditions is judged far greater than the estimated cost -to -cure measures. 75N-23 SUMMARY OF THE BASIS FOR NST COMPENSATION (Continued) Curable Damages: (Continued) A compensation allowance has been included herein based on the replacement cost estimates applicable to retrofitting. Said estimates are based on development projects wherein actual costs for a like improvement were available for review. Further, a national cost service has also been consulted as a secondary check. The compensation amount below includes labor/material costs, as well as entrepreneurial profit and indirect costs such as management and supervision. Concrete paving: Reconstruct wrought iron fencing $ 1,127. 37 LF @ $157.50 = 5,828. Landscape area: 650 SF @ $ 6.56 = 4,264. Irrigation system: 650 SF @ $ 1.31 = 852. Rework on-site improvements: 500 SF @ $ 5.25 = 2,625. Total mitigation costs: $14,696. Value of Remainder, Cured, After Acquisition: In the "after" condition, the land area of the parent ownership will be 454,944 square feet. The main buildings and a majority of the on-site improvements will not be physically impacted by the partial acquisition. Other property features such as drainage, present use, configuration, highest and best use, along with overall building condition remain unchanged. The most significant impact to the parent property is relocation of the Panda Express outdoor seating area which, in -turn, results in the permanent loss of two automobile parking spaces adjacent to the three -unit commercial retail building. It is anticipated that a reduction in the monthly rental rates of the three adjacent retail units will be required due to the loss of "premium" automobile parking spaces. Upon completion of the mitigation measures, it is judged that the property will fimction in a generally similar fashion as in the "before" condition, albeit at a lower monthly income stream. Other property features such as drainage, present use, vehicular accessibility, configuration, highest and best use, along with overall building condition remain unchanged. The value of the remaining portion of the subject parent property, as cured, after acquisition, before consideration of permanent severance damages and project benefits, is estimated by application of the Income Capitalization Approach in a similar fashion as in the "before" condition analysis. The Income Capitalization Approach is based on the same leasable building area as employed in the previous "before" analysis. As noted, the development will lose two automobile parking spaces as a result of the street improvement project. It is anticipated that the fair market rental rates will be reduced by approximately 2% (compared to before condition analysis) due to the reduced parking capacity and resultant inconvenience to tenants/patrons. The vacancy/credit loss factor and overall capitalization rate remain unchanged from the "before" condition analysis. 75N-24 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Remainder, Cured, After Acquisition: (Continued) The estimated annual operating expenses total $12,270, which reflects $2.25 per square foot of leasable building area, and approximately 6.9% of the effective gross annual income. Said expense factors reflect ratios generally similar to those employed in the "before" analysis. Following is a summation of the Income Capitalization Approach applicable to the subject parent properly in the "af1'er" condition. .Income Capitalization. Approach. Subject building: Unit 2130 A: 2,625 SF @ $2.80 = $ 7,350. Unit 2130 B: 1,900 SF @ $2.80 = 5,320. Unit 2130 C: 950 SF @ $2.80 = 2,660. Total gross monthly income: $15,330. Total gross annual income: $15,330 x 12 = $183,960 Vacancy and credit loss (3.0%): - 5,519. Effective gross annual income: $178,441. Annual expenses: /SF % EGI Real estate taxes (by tenant): $0.00 0.0% $ 00. Insurance (by tenant): 0.00 0.00/. 00. Management (5%): 1.63 5.001. 8,920. Legal and accounting: 0.16 0.5% 850. Maintenance/repairs: 0_46 1.40/ 2,500. $2.25 6.9% Total annual expenses: - 12,270. Net annual operating income: $166,171. Capitalization of net income: $166,171 capitalized at 5.25% _ $3,165,162. Permanent Severance Damages: Monetary compensation applicable to permanent severance damages reflects the difference between the value of the remainder as part of the whole and the value of the remainder after acquisition, before consideration of benefits, as follows: 75N-25 SUMMARY OF THE BASIS FOR .JUST COMPENSATION (Continued) Permanent Severance Damages: (Continued) Value of remainder, before acquisition: $3,208,686. Value of remainder, cured, after acquisition: - 3,165,162. Indicated permanent severance damages: $ 43,524. Project Benefits: Qualitative benefits to the general community in the "after" condition include increased roadway capacity and improved circulation resulting in enhanced safety conditions for vehicular and pedestrian traffic. Project benefits, relating specifically to the subject parent property, have not been monetarily quantified. Recapitulation: Based on the foregoing, the total just compensation applicable to the partial acquisition of the subject parent property is estimated as follows: Acquisition area: Land value: Improvements: Total value of partial acquisition (land, imps.): Curable damages: Permanent severance damages: Value of remainder, as part of whole; Value of remainder, after acquisition: Total: Project benefits (none quantified): Net severance damages: Total estimated just compensation: $3,208,686. - 3.165,162. $ 43,524. 11 $14,190. 00. $14,190. 14,696. 43,524. $72,410. Adjusted: $72,400. California Code of Civil Procedure Section 1263.330 requires that the subject parent property be appraised absent any impact (either positive or negative) resulting from the public project, eminent domain proceeding, or other preliminary activities of the acquiring agency. Market research and analysis of such impacts is inconclusive. Valuation of the subject parent property in the "before" condition is based on an extraordinary assumption that there is no impact resulting from the project. An extraordinary assumption is defined in the Dictionary of Real Estate Appraisal, fourth Edition, Page 106-107, published by the Appraisal Institute as "An asssmrplion, directly related to a specific assignment, ii,hich, if found to be false, could alter the appraiser's opinions or conclusions. Extraordinary asstinnptions presume as fact otherivise uncertain information about 75N-26 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Recapitulation: (Continued) physical, legal, or economic characteristics of the subject property; or about conditions external to the property such as market conditions or trends; or about the integrity of data used in an analysis. " Further, valuation of the remainder parent property in the "after" condition employs a hypothetical condition that the public project has been completed in accordance with the plans and specifications described herein. A hypothetical condition is defined in the The Dictionary of Real Estate Appraisal, 4 I Edition, Page 141, published by The Appraisal Institute, as, "That which is contrary to what exists but is supposedfor the purpose of analysis. Hypothetical conditions assume conditions contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data arses in an analysis. " In the event conditions relating to the use of extraordinary assumption and the hypothetical condition do not materialize, assignment results set forth herein might be affected. 75N-27 ATTACHMENT SUMMARY EXPLANATION STATEMENT You are entitled to receive full payment prior to vacating the real property being purchased urdess you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property 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 full amount believed by the City to be just compensation for the property taken; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other will full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 4. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with, the laws of the State of California. 75N-28 ATTACHMENT 5 75N-29 Dear Property Owner: Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State Legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be 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 federal laws and regulations pertaining to the purchase of your property for a public use, technical legal definitions or any form of legal advice. Recipients of offer letters from the City should be aware that such laws and procedures are subject to change by future legislation and/or court decisions. In the event the City decides to proceed with the proposed acquisition, City's acquisition consultant will contact you. 75N-30 TABLE OF CONTENTS PAGE WHY IS MY PROPERTY REQUIRED? I WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? I WHO MAKES THE DECISION TO BUY MY PROPERTY? 1 HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? 1 WHAT IS FAIR MARKET VALUE? I HOW DOES AN APPRAISER DETERMINE THE PAIR MARKET VALUE OF MY PROPERTY? 2 WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION 2 OF JUST COMPENSATION? CAN I GET AN APPRAISAL? 3 MUST I ACCEPT THE CITY'S INITIAL OFFER? 3 MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER? 4 WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? 4 WILL I HAVE TO PAY ANY SETTLEMENT COSTS? 5 MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? 5 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? 6 WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? 6 HOW SOON MUST I MOVE? 6 AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? 6 I AM A VETERAN, HOW ABOUT MY GI LOAN? 7 MY PROPERTY TS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST 1 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WHAT IF I HAVE OTHER QUESTIONS ABOUT THE PROCESS? 7 75N-31 WHY IS 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 Street, WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? Every public agency has certain powers that are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain. The rights of each of its are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure. WHO MAKES THE DECISION TO BUY MY PROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain the views of interested citizens. HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER- ME FOR MY PROPERTY? Before making you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property values will do the appraisal. The appraiser will inspect your property and state his or her professional opinion of its current fair market value in an appraisal report. The City is required to offer you "just compensation" for your property. This amount cannot be less than the fair market value of your property, as determined by the City on the basis of its approved appraisal WHAT IS FAIR MARKET VALUE? The fair market value of real property being taken for a public project is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but 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. 75N-32 HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors as appraiser typically considers in estimating the value of real property are: How it compares with similar properties in the area that have been sold recently. How much it would cost to reproduce the building's and other structures, less any depreciation. How much rental income it could produce after expenses and how investors typically value that income. WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? YES. You mast be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors: • The amount of work required to appraise your property, • The availability of funding; and • Possible project delays caused by factors outside the control of the City. Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property for the full amount determined to be just compensation, and it will do so promptly, Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not irutiato negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged, WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include: • The recognized definition of the term "fair market value" or the equivalent term. 75N-33 • The date of valuation, highest and best use, and applicable zoning of property. • An accurate description of the property to be acquired, • A list of the improvements covered by the offer, • The principal transactions, reproduction or 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 shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. • An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil Procedure Section 1263,025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subject to the following conditions; • You may order your own independent appraisal. Should you enter into a contact with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select must be licensed with the California State Office of Real Estate Appraisers (OREA). • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of your independent appraisal. • Appraisal cost reimbursement requests must be made in writing and submitted to the City of Santa Ana, Public Works 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 Rill 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 mast 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 make a revised offer. MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? YES. You tray bavc 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. 75N-34 IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? If you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about ninety (90) days after the City signs the Purchase Agreement. If the title evidence obtained by the City indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (Title evidence is a legal record of ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other instruments affecting your ownership of the property.) WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE CITY? If you and the City are unable to reach an agreement through negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the property or abandon its intention to acquire the property. To the latter case, the City will give you notice of its decision as provided by law. WHAT HAPPENS IFTHE CITY CONDEMNS MY PROPERTY? The power of eminent domain may only be exercised if. 1) the public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions. The City may only file a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution 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. After the hearing, assuming need and necessity has been substantiated and determined, the City can file a condemnation suit, r During the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your property. The City will have the same right. After hearing the evidence of all parties, the court or a jury will determine the amount of just compensation to which you are entitled. In the State of California, a property owner and the City have a constitutional tight to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to ajury trial, a judge can determiuejust compensation. To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of these professional services and other costs that you incur in presenting your case to the court are your responsibility unless the court orders that you are to be reimbursed for your litigation expenses. WHAT IS AN ORDER OF POSSESSION? An order of possession is a process within a condemnation action that allows the City to have the possession of your property prior to a negotiated settlement or an award of just compensation in 75N-35 court, This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City must deposit with the court an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownership problems. A withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the difference plus any interest and costs as provided by law. WILL I HAVE TO PAY ANY SETTLEMENT COSTS? If you and the City enter into an agreement for the City's purchase of your property, you will not be responsible for the reasonable and necessary costs of: Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to 4'ansfer ownership to the City. Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith. Real property taxes covering the period after the City acquires your property, Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at tbat 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 he responsible for paying them from the purchase price being paid to you by the Ci ty. MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? Sometimes improvements may exist on a property, which are not required by the City. If you wish to keep any of the improvements, please let your Acquisition Agent know. 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 proving it to a new location. 75N-36 CAN 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 roust be paid for the loss in value (offset by any special benefits accruing to the remainder resulting from the new public improvements). Also, under those circumstances, if any remaining part would have little or no utility or value to you, the City will offer to buy that remaining part if you so desire. WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? If you (or your tenant) wish to remain in the property after acquisition for a short term or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fair rental value of the property to a short-term occupier or the prorated portion of the fair rental value for a typical rental period. However, the amount of rent to be paid by your or your tenant shall be within your financial means or your tenant's financial means, as the case may be. HOW SOON MUST I MOVE? If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. You cannot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if you are being displaced from your residence, a decent, safe and sanitary replacement property mast be available before you can be required to move. AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on the property or on the remainder if the property being acquired is part of a larger parcel. Code of Civil Procedure Section § 1263.510 Loss of Goodwill Compensation Basis: (a) The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of the following: (I) 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 a reasonably prudent person would take and adopt in preserving the goodwill. (3) Compensation for the loss will not be included in payments tinder Section 7262 of the Government Code. 75N-37 (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, "goodwill' consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or gnality, and any other circumstances resulting in probable retention of old or acquisition of new patronage I AM A VETERAN, HOW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be. permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office. MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I PAY CAPITAL GAINS TAX ON THE INCREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances. Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is available from the IRS. It explains how the Federal income tax would apply to a gain or loss resulting from the condemnation of real property or its sale tinder the threat of condemnation for public purposes. To fully understand the income tax consequences relating to the condemnation of your property, you should consult with your personal tax advisor. 75N-38 Epic Land Soluf on , Inc. 000 2601 Airport Drive, Suite 130 Torrance, CA 90505 Phone: (310) 986-2960 t=ax: (310) 891-3348 CITY OF SANTA ANA TITLE VIt INFORMATION PACKAGE The tiroject proposed by the agency lasted alcove will be receiving federal financial assistanoe. Pursuant to Title VI of the Civil Rights Act of 1,964, no person in the United States shall, on the grounds of race, calor, or national otr'gm, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal, financial assistance, Other statutes provide protection against discrimination on the basis of sex, age or disability. The enclosed Title VI Package is being provided for your information to further explain your rights. The Package includes the following documents: T tlo VI Booklet Title VI of to 1464 Civil Iligbta Act and Related Statutes Right of Way Title VI Survey Form with Self -Addressed Stamped Envelope Right of Way Title VI Disorfinination ComplaintForn The LI,S. Department of Commerce Census Bureau, Language Identification Flasbeard' 11:18 requested the Right of Way Title VI 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 check the appropriate box. on the Language Sdentilicatfon Flasheard; or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and retro- to the following: .Eason Gabriel Principle Civil Engiucer City of Santa Ana 20 Civic Center Plaza M36 Santa Ana, CA 92702 CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD www.EpicLand.corn 75N-39 z �n CJ w > s r n }. iii ro r w O u C "rJ i T s O - cu J Wo N V - &d W ea o� z c e` M -- — m NJ :c .� 0 o N f w o s � a c 0 u W C �j U U` N f.', rVae U M U d 'm _ m p.C) o m :0YwM wH Z4 :Emi.. M > L NE �. F b M 4 M UQ N ro�� rvq ¢¢can C u h N %m mry VarpU uuvUN 'u �vh uuiN UufyO u l�ry ,r bb O 7 w. 4� c N u O tom. N �7y rti Vi0 o.ti o Omg o 0 °� o ®T"'i in p N Fnm Ov °a% isOP2u 0.0O�3 wo a. O 75N-40 75N-41 =W �v .i� 4 •' :�. a h �4 s a v b '= ,3 _b c .Z C N O O cCq 0 75N-41 =W �v .i� 4 •' :�. a h �4 s a b U _b c .Z a. r4 L 75N-41 =W �v a h �4 s _b bp a ww TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Page 1 of 2 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 the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) • The Age Discrimination Act of 1975, as amended 42 U.S,C. 6101, provides: "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) • The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of dte 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 assis twice under this Title or carred on tinder 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 TIIE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) • The Uniform Relocation Act Amendments of 1987, P.L. 101-2.46, 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 comrirunities; and ... to establish a lead agency and allow for State certification and implementation" (UPDATED TIIE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75N-42 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page2of2 The Americans with Disabilities Act, P.L. 101-336, provides: "No qualified individual with a disability shall, by reason of such disability, be excluded from the participation hi,'be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government." (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: "(b) For the purposes of this section, the term `make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment corder color of State law." . Title VIII of the 1968.Civil Rights Act, 42 U.S.C. 3601, provides that: "(I) It shall be unlawful... to refuse to sell or rent 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 THE SALE OR RENTAL OF HOUSING -- HUD is the prhnary interest agency, but FEWA 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 FHWA Pahlication No. PIIWA-I-ICR-06-006 75N-43 TITLE VI SURVEY PERSONAL INFORMATION NOTICE Pursuant to the federal Privacy Act (PL. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will he made unless permissible under Article 6, Section 1793,24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. Expenditure Authorization 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 ^ 41-65 —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? _ Yes —No Enclosure 75N-44 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Putauaut to Ins Fedeml Pdvacy Act P.L. 93-579) and the Information Purchase Act of 1977 (Civil Cade Socllons 1799 , at aogJ, nonce Is hereby given far the request of personal inrormalfon by this form. The requested pamonal harmanon Is m u ttery. The pdooli al purpose of the voluntary Information is to portals the processing of this fans. The (allure In provide all or any part of the requested information may delay processing of this forth. No dlsolosure of p,.are Infomation will be made unless permissible under Adicls 6, Section 1790.24 or the IPA of 1977. Each Individual has the right upon request and proper Identi talion, be Inspect all personal Warranties In any record niaintainedenth indrvdualby,anidenti in articular. Cheer any in airies on lnlormatten maintenance, to your IPA On Dist Nam: of Complainant Co Rte BASIS Or DISCRIMINATION Post ❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX ❑ Liability ❑ Lmv-meront ❑ Noll -English Speaker Provide date(s) and place of alleged dcauhninatinn Describe the nature ofthe action, decision, or conditions of the alleged discrimination (Attach Extra Page. If Necessary) Name of individuals (if Knows) responsible for the action, decision or condition of alleged discrimination Provide supporting information known to co nplainont in support of his/her allegation Identify possible witnesses whom the complainant believes can provide factual information about this allegation Slate the action requested by complainant 75N-45 T� IM: -:ft -:ft %7R-(ffl °Rum -I 7TF17 Zl ff� -4M Win M7- f. ® clyit3tssl�l���jcsxsssso s���si11a f��9SPltilfi1�51 tis ti Motka t kabhon ya yaugin fintAngnW many tai pat flntAngnu' kumeiitos Chamorro. Oma6ite'oval kvadrati6 ako 61tate ili govorite hrvatski jezik. LJ Zaskkrtnete into kolonku, pokad Mete a hovoYfte 6esky. Xruis dit vakje aan als a Nederlands kuntlezen of spreken. Mark this box if you read or speak English. 75N-46 1. Arabic 2.. Armenian 4. Cambodian 5. Chamorro 6. Simplified Chinese ZTraditional Chinese 8.Croatian 9, Czech 10, Dutch 11, English 12. Fars DB -3309 75N-47 U,S, DEYABIMMI OF UUMMtHUt Eaanomloa antl 6lalltlloa Atlminlq,nlmn U.S. CENSUS SUNEAU 13. French 14. German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20. Ilocano 21. Italian 22. Japanese 23, Korean 24. Laotian 25. Polish Cocher ici si vous lisez ou parlez le frangais. Kreuzen Sie dieses Kistchen an, wenn Sie Deutsch lesen oder sprechen. Er)peuboTE auto ro nXaiato av &apd(ere r) pt)<are EXXgvnca. Make kazye sa a si ou Ii oswa ou pale kreyol ayisyen. ® 3PTC 3TTsf r c off m: w-F�r f M .v qw q ft MITO I ® Kos lub voj no yog koj paub twm thiab hais lus Hmoob. ® Jelolje meg ezt a kock6t, ha megdrd vagy besz€li a magyar nyelvet. ® Markaam daytoy nga kahon no makabasa wenno makasaoka iti Ilocano. Marchi questa casella se legge o parla italiano. [3�oo*LTa�lvt"t). �tf�al�ol��`I�EI]*�T�17"Z<��L\o ' n T °j. 0 ,A 01}°��J.� ® 2m"w7u2�2e�� tjouioue�ua�d�nw�a�a�o. Plosimy o zaznaczenie tego kwadratu, jeieli posluguje sig Pan/Pani jgzykiem polskim. DB -3309 75N-47 U,S, DEYABIMMI OF UUMMtHUt Eaanomloa antl 6lalltlloa Atlminlq,nlmn U.S. CENSUS SUNEAU 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 voc6 lg ou fala portugues. ❑ 9nsenmali aceasta casula data cltili sau vorbili romane¢te. LomeTbTe aTOT xeagpaTttx, ecru sbt MMeTe taitn roaopnTe no-pyccKn. El 06enex xre ouaj xnagparxYa yxonxxo Yurare xnx roeopxre cpncxx jeaxK. Oznacte tento sstvorcek, ak viete Utaealebo hovorit'po slovensky. ❑ Marque esta casilla si lee o habla espanol. ❑ Markahan itong kuwadrado kung kayo ay marunong rnagbasa o magsal'ite ng Tagalog. EJ I9unnt inauuauaa9urooa nrnutnuntalyFlnnralnu. ® Maaka'i he puha ni kapau 'oku ke lau pe lea fakatonga. ❑ liljjMlT6Te I{K) KJIITHHKy, AKII{O nn YNT3ETe a60 rOSOPNTe yxpalHCbROKI MOBO[o. ❑ Xin clank dan vao & nzy neu Any vi biet clot va not Hndc Viet NgiY. ❑ .vJ�'t>M uTY� lY1M u1Y»7 �+x s>tM 7vvyp aY� un»yHo n113309 U.S. D9FARTMENT OF COMMERCE Economics .ne statistic. Aemin faimdon 75N-48 U.S. CENSUS BUREAU 26. Portuguese 27. Romanian 28, Russian 29, Serbian 30, Slovak 31. Spanish 32. Tagalog 33.Thai 34,Tongan 35. Ukranian 36, Urdu 37. Vietnamese 38.Yiddish Form W-9 Request for Taxpayer Give Form to the (Rev. December 2014) Identification Number and Certification requester. Do net Department of the Treasury send to the IRS. Internal Revenue 8aNlce 1 Name (as shown on your Income tax return). Name is required on frits line; do not leave this line blank. 2 Business name/disregarded entity name, if different korn above N m of n e 3 Check appropriate box for federal tax classification; check only one of the following seven boxes; 4 Exemptions (codes apply only to cousin entitles, not Individuals; sea ° ❑Individual/sole proprietor or ❑ C Corporation L]5 Corporation [I Partnership Ttnst/estote Instructions on page 3): s, o ti single -member LLC Limited liability Company. Enter the tax classification fC=C corporation, 3=9 corporation, P= artnershlp) P Exempt payee code Of any) `o Note. For a single-m er LLC hthat is disregarded, do not check ULC; check the appropriate box in the line above for Exemption from FATCA reporting � f the tax clas.lticatlon oof the single -member owner. code (If any) ic G ❑ Char is.. Instructions) P (A,ls.bo .vua telmalned aW!ae the us) o lE 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) q (p ) U N B W m 6 City, state, and ZIP code v m 7 List account numbers) here (optional) utl Taxpayer Identification Number (TIN) Enteryour TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding. For individuals, this is generally your social security number (Sae. However, fora m T resident alien, Bele proprietor, or disregarded entity, sea the part I Instructions on page 3. For other entitles, it is your employer Identification number (EIN). If you do not have a number, see Now to Beta TIN on page 3. of Note. if the account is In mom than one name, see the Instructions for line 1 and the chart on page 4 for I Employee Identification number guidelines on whose number to enter. F—T-1 F—F—T—F-F-F-F—I Under penalties of perjury, I certify that: 1. The number shown on this farm is my correct taxpayer identification number (or I am waiting for a number to be 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, citimn or other U.S. person (defined below); and 4. The FATCA. code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not rsquired to sign the certification, but you must provide your correct TIN. See the instructions an page 3. Sign Signature of Here I U.S. person Date t" General instructions Section references are 1. the Internal Revenue Cade unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release Il) Is at www.hs gov/fw9. 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 ldentificatlon number (ATIN), or employer Identification number(EIN), to report on an Information return the amount paid to you, or otherafaDme reportable on an information return. Examples of Information returns Include, but are not limited to, thefollowing: • Form 1099 -INT (Interest earned or paid) • Form io99-DN (dividends, including those from stocks or mutual funds) • Form im l-MISC (varloustypos of Income, prizes, awards, or gross proceeds) • Form 11 (.fork or mutual fund sales and certain other transactions by brokers) • Form 1099-3 (proceeds from real estate transactions) • Form 'I099 -K (merchant card and third party nate ork tmnsactlons) • Form 1098 (home mortgage interest), 1098-E (student loan In forest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-0 only If you are a U.S, person (Including a resident alien), to provide your correct TON. If you do not relurn Form W-9 to the requester with a TIN, you might be sub/act to backup withholding. See What Is backup withholding? on page 2. By 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. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a US. person, your allocable share of any partnership Income from a U.S. trade or business Is not subject to the withholding tax on foreign partners' share of effeollvaly connected Income, and 4, Certify that FATCA equals) 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. 1023ix 75N-49 Form W-9 (Rev. 12-2014) Farm W-9 (Ras. 12-2014) Note. If you are a U.S. person and a requester gives you a form other than Form W-8 to request your TIN, you must use the requester's form If It is substantially similar to this Farm 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 ellen; • A partnership, corporation, company, or association created or organized In the United States or under the laws of the United Stales; • An estate (other than a forelgn estate); or • A domestic trust (as datlned In Regulations section 301.7101-7). Spacial rules for perinereh(ps. Partnerships that conduct a trade or business in the United State. are generally required 10 pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable Income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a padnelis a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S, person that Is a partner in a partnershtp conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding en your share of partnership Income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on its allocable share of net Income from the partnership conducting atrade or business In the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the granter trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person, If you are aforeign person or the U.S. branch o1 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-3 or Form 0233 (sea publication 5151 Withholding of Tax on Nonresident Aliens and Foreign Entitles). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien Individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of Income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified In the saving clause may permit an exemption from tax to continue for certain types Of Income even after the payee has otherwise became a U.S, resident alien for tax, purposes. If you are a U.S. resident alien who Is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S, lax on certain types of Income, you most attach a statement to Form W-9 that specifies the following five Items: L The treaty country. Generally, this must be the same treaty under which you 'clowned 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 farm tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. At dole 20 of the U.S.-China Income tax treaty allows an exemption from tax far 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: Ghina treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United Steles. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and Is relying an this exception to claim an exemption from tax on his or bar 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 In backup withholding? Persons making certain payments to you must under certain conditions withheld and pay to the IRS 28% at such payments. This Is called "backup withholding." Payments that may be subject to backup withholding Include Interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made In settlement of payment card and third party network transactions, and cerialn payments from fishing boat operators. Real estate transactions 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 certifications, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding rh 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (sec the Part II instructions on page 3 for details), Pago 2 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable Interest and dividends only), or S. You do not certify to the requester that you are not subject W backup withholding under above (for reportable Interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Farm W-9 for more Information. Also see Special rules forpartnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a particlpating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See EXanifyi from FATCA Micart(ng code on page 3 and the Instructlons forthe Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments In the future from this parson. For example, you may need to provide updated Information If you are a C 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 trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 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 bads that results In no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines evictor Impdaemment Misuse of TINs. If the requester discloses cruses TINS In violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the fallowing an this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-0 Is for a joint account, list first, and then circle, the name of the person or entity whose number you entered In Pad 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 Administmtlon (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note, ITIN applicant: Enter your individual name as It was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/l040 EZ you filed with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 1040/1040A71040EZ on line 1. You may enter your business, trade, or"doing business as" (CDA) name on line 2. a Partnership, LLC that to not a single -member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or USA name online 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents an line 1, This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or CRA name on line 2, e, Disregarded entity. For U.S. federal tax purposes, an entity that Is disregarded as an entity separate from Its owner is treated ss a "di.regorded entity." Sea Regulations section 301.7701-2(cj(2)(iiq. Enter the owner's name on line 1. The name of the entity entered on lime 1 should never be a disregarded entity. The name on line'I should be the name shown on the Income tax return on which the Income should be reported. For example, If a foreign LLC that Is treated as a disregarded entity for U.S. federal tax purposes has a single owner that Is a U.S. person, the U.S. owner's name Is required to be provided on line 1. If the client owner of the entity Is also a disregarded entity, enter the first owner that is not disappointed for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the Owner of the disregarded entliy Is a forelgn person, the owner most complete an appropriate Farm W-8 Instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. 75N-50 Form W-9 (Rev. 12-2014) Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it an line 2. Line 8 Check the appropriate box In line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Chock only one box In 11 n 3. Limited Liablllty Com pang fLLC). If the name on line 1 Is an LLC treated as a partnership for U.S. federal tax purposes, check the "Limited Liability Company" box and enter "P" in the space provided. It the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the "Limited Liablllty, Company" box and in the space provided enter "G" for C corporation or "S" for S corporation. If it Is a aingle-member LLC that is a disregarded entity, do not check the "Limited Uablllly, Company" box; instead check the first box in line 3 "Individual/sato proprietor or single -member LLC." Lino 4, Exemptions If you are exempt from backup withholding and/or FATCA reparling, enter in the appropriate space In line 4 any codes) that may apply to you. Exempt payee code. • Generally, Individuals (including sale proprietors) era not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including Interest and dividends. • Corporations are not exempt from backup withholding for payments made In settlement of payment card or third party network transactions, • Corporatlons are hot exempt from broths withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Farm 1099-MISG. The following codes identify payees that are exempt from backup withholding. Enter the appropriate cede in the space In line 4. 1—An organliation exempt from tax under section tight (a), any IRA, or a custodial account under section 403lb)(7) If the account satisfies the requirements of section 401(f)(2) 2—The United Slates or any of Its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities 4—A foreign government or any of Its political subdivisions, agencies, or instrumentalities 5—A corporation e—A dealer In securities or commodities required to mglster in the United States, the District of Columbia, ora U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission e—A real estate Investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1640 10—A common trust fund operated by a hank under section 584(a) 11—A finmCka institution 12—A middleman known in the IltVeddeent community as a nominee or custodian 13—A trust exempt from tax under section 664 or described In section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is far... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Brefow ransarld.ns 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 noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees i through patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,000' 1 through 5' Payments made In settlement of Exempt payees l through payment card or third party network transactions I Sae Form loo9-MISG, Miscellateaus Income, and Its Instructions. 'However, filo fallowing payments made to a corporation and reportable on Form 1099-MISG are net exempt from Lookup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 60458, and payments forsetvicaa paid by a federal executive agency. Exemption from FATCA reporting code. The fallowing codes identify payees that are exempt from reporting under FATCA. These codes apply to persons remelting this form for accounts maintained outside of the United States by certain foreign financial Ihatita tlorm 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 farm If you are uncertain if the financial Institution is subject to these requirements. A requester may indicate that a code Is not required by providing you with a Form W-9 with "Not Applicable" (or any similar Indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any Individual retirement plan as donned in section 7701(a)(37) B—Th. 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 regularly If deed on one or more established securities markets, as dawallbod In Regulations section 1.1472-1(c)(1)(I) E—A corporation that Is a member of the same expanded affiliated group as a corporation described in Regulations section 1.14724(c)(1)(i) F—A dealer in securities, commodities, or derivative financial Instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate Investment trust H—A regulated Investment company as defined in section 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 es defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt If under a section 403(b) plan or section 467(g) plan Note. You may wish to consult with the fihardal 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 Form W-9 will mail your Information returns. Line 6 Enter your city, state, and ZIP code. Part 1. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS Individual taxpayer Identification number (ITIN), Enter It in the social security number box. If you do not have an ITIN, sae How to get a TIN below. If you are a sole propi later 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-membetLLC that is disregarded as an entity separate from Its owner (see Llmffed Liability Company (LLC) on this page), enter the owner's SSN (or EIN, If the owner has one). Do not enter the disregarded entity's EIN. If the LLG is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinatime. Haw to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local SSA office or get this form online at wwwssa.gov, You may also get this term by calling 1-600-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply tot an ITIN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS wehshe at www.lrs.gowbus/nesses and clicking on Employer Identification Number (EIN) Under Starting a Business. You can gat Forms W-7 and SS -4 from the IRS by Vlahing IRS.gov or by calling 1 -800 -TAX -FORM (1-800-829-3676), If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and data the from, 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 "Applled For" means that you have already applied for aTIN or that you Intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign ownermust use the appropriate Farm W-8. 75N-51 Form W-9 (Rev. 12-2014) Page 4 Part U. Certification To establish to the withholding agent that you are a U.S. person, or resident ailen, sign Form W-9. You may he 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 Seempf payee code earlier. Signature requirements. Complete the certification as indicated in Items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the celtlfication. 2, Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered Inactive during 9983. You must sign the cedlriealion 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 erose out Item 2 In the petrification before signing the form. 3. Real estate transaction.. You must sign the certification. You may crass out Item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an Incorrect TIN. "Other payments' include payments made In the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and 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 grace proceeds paid to attorneys (including payments to corporations). S. Mortgage interest paid by you, acquielfor or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 629), IRA, Coverall ESA, Archer MSA or NSA contributions or distributions, and pension distributions, You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of aoceunl: Give name and SSN of: 1. Individual The individual 2. Two or more individuals (joint Th. actual owner of the account or, account) it combined funds, the first Individual on the account' 3. Custodian account of a minor The miner' (Uniform Gift to Minors Act) 4. R. The usual revocable savings The gmnfor-truslae' imat (grantor Is also trusted) Is. So-called trust account that is The actual owner' not a legal or valid trust under elate law 5. Sole pmpdamrahip or dleregarded The owner' entity owned by an individual 6. Grantor trust filing under Optional The grardor' Form 1099 Filing Method 1 (see Regulations section 1,671-4(b)(2)(1) (Al) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner Individual 8. A valid trust, estate, or pension trust Legal entity' 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10. Association, club, religious, The organization charitable, educational, or other tax- exempt organization 11. Partnership or mulfl-member LLC The partnership 12. A broker or registered nominee The 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 receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method crthe Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i) IN ' List Bml and oleate the name of the parson whose number you furnish. reply one parsonon a ].lot account hes an SSN, that person's number net be furnished. °Chale the mtnm's name and furnish the minor's SSN. 'You must ehaw your Individual name and you may also entaryour business or OBAname on the "Business n univdisregarded entity" name tine. You may use.Itmuy..r SSN cr EIN Of you have ene),but the IRS enceuragos you to use your BSN. ' Llan fest and elude the name of the trust, estate, or pension trust. (Go not furnish the TIN of the pemonal representative or trustee unless the legal entity Itself Is not deralpnated In the account title.) Also see Special vies for podnorshlre on page 2. 'Note. Grantor also must provide a Form W-9 to trustee of must. Note. If no name Is circled when more than one name ie listed, the number will be considered to be that of the first name listed, Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal Information such as your name, SSN, or other Identifying information, with ut your permission, to commll fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund, To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax proposer, If your tax records are affected by Identity theft and you receive 3 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 report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form '14039. For more Information, see Publication 4535, Identity Thelt Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm 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 (TAS) assistance. You can reach TAS by calling the TAS toll -true case Intake line at 1-877-777-4778 or TTY/7DD 1-800-829-4059. Protect yourself from suspicious emalls or Clutching schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emalls and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to seam the user into surrendering private Information that will be used for Identity theft. The IRS does not initiate contacts with immayers via emalls, 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 uncoliclled email claiming to be from the IRS, forward this message to phishing®im.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emalls to the Federal Trude Commission at: spareQucegov or contact them at www. efc.9ov/ldtheR or 1-877-IDTR EFT (1-B77-438-4338). Visit IRS.gov to learn more about Identify theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires youto provideyour correct TIN to persons (including federal agencies) who are required to file Inimmu en returns with the IRS to report interest, dividends, or certain other Income paid to you; mortgage Interest you paid; the aequlsitlon or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, of RSA. The person collecting this form uses the Information on the for to file Information returns with the IRS, reporting the above Information. 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 US commonwealths and possessions for use in administering their laws. The Information also may be disclosed to other countries under closely, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and imalligence agencies to combat terrorism. You must provide your TIN whether or not you are required to fife a tax return. Under section 3406, payers must generally withhold a percentage of taxable Interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent Information. 75N-52 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 A PORTION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2120-2130 S. BRISTOL STREET (APN 408-471-17) 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. Exhibit 3 Resolution No. 2017 -XXX Page 1 of 6 75N-53 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. A portion of the real property located at 2120-2130 S. Bristol Street (APN 408-471-17) in the City of Santa Ana, California consisting of approximately 258 square foot of property to be acquired in fee title 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 75N-54 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 kl By. J n M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75N-55 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 75N-56 6/20/17 EXHIBIT A LEGAL DESCRIPTION Real Pt'o9etty W the City of Semta Ana, CPUUty of Ola"Be, Slate of C'jRP''llla, AescribeU as UUW9: PARCEL A: PARCEL 1, AS SI -IOW N ON EXFI IBIT "B" Al'FACI IED TO LOT LINE ADJUSTMENT LL 79-9 RECORDED NOVEMBER 21, 1999 IN BOOK 1341113, PAGE 576 OF 01 -FICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, PARCEL B: PARCELS 3 AND 8, AS SHOWN ON A MAP FILED IN BOOK 130, PAGES 3 AND 4 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL C: PARCELS 1, 2 AND 3, AS SHOWN ON EXHIBIT'S" ATTACI iCO TO LOT LINE. ADJUSTMENT 1.1,97- 1E (97-OL6) RECORDED JANUARY 23, 1998 AS INSTRUMENT NO. 19980037939 OF OFFICIAL RECORDS OF ORANGE COUNT' CALIFORNIA. APN: 400-471-17 Resolution No. 2017 -XXX Page 5 of 6 75N-57 EXHIBIT B o N01'46' 14" E 155, DO' 0o z JyJr(7C O z 'f V d uZl z O "o s&I z z L Q� z P W OZ Q1 O i W mm e.e i 61 A o g U Z co 01 z ro o my I s N 0 7� UI O A N O U n I N Ln wUI N° L4 _1 _ L-3 -1IL4,,..� L3 y" 14.001, L4` $ 14.00' `J s ZOO •� �ay CI I LS m,�iW (7 cn I LS --- I o Q y� o I I o P w ._C_..._ . I ___ L 1 1 NOl°46'14"E SURVEY --JJ Z .BRISTI7L ST & CONST. -" nro vow m :E�o awnri� •d r �ay ZZZz O�WOQ mzm aaq — mwmm 0�s or a'y ntidAry �Si mm� mem 17 mm ytl rm (� cogQz cn.-wcn O U,1I(A 4 0Dy14 5 UINO Resolution No. 2017 -XXX Page 6 of 6 75N-58 CORRESPONDENCE 75N-59 75N-60 Lanza &Smith 1017 JUPJ 15 1,M 11: 17 A PROFESSIONAL LAW CORPORATION CITY OF SANTA ANA 3 PARK PLAZA, SUITE 1650 IRVINE, CALIFORNIA 92614-8540 CLERK OF C(?URICII, TELEPHONE: (949) 221-0490 FACSUvaLE: (949) 221-0027 June 15, 2017 Via Facsimile & US Mail: 714-647-6956 Clerk of the Council City Hall, City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana CA 92702 Re: Bristol Street Improvement Project 2120-2130 S. Bristol St., Santa Ana CA 92704 AUZone Santa Ana, LLC I APN 408-471-17 Dear Clerk of the Council: As per our notice provided in 2016, this this law firm represents AU Zone Santa Ana, LLC, with regard to the efforts by the City of Santa Ana initiated in or about April 2016 to acquire the above referenced parcel of land, roughly 258 square feet. Based on notification dated June 1, 2017, we understand that the City Council hearing regarding the adoption of a resolution of necessity to acquire the parcel by eminent domain is scheduled at 5:45 pm on June 20, 2017. As you are likely aware, AU Zone has been working with, and continues to work with, your consultants to reach an amicable solution. We are close to a resolution, and in fact expect that a confirming agreement will be drafted by legal counsel for the City shortly — Scott Ditfurth. There are related issues being addressed, such as the Panda Express restaurant (patio and parking), older pylon signs for some commercial tenants, including Aaron's and Goodwill, which are at least in part in effect through grandfathered provisions, and a dedication of certain land at the parcel. This letter shall serve as our objection to the proposed resolution of necessity and any potential eminent domain proceedings: Notably, our assessment is that the proposed taking is not appropriate because 1) the public interest and necessity to not require the project; 2) the project is not planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3) the subject project is not necessary for the project; and/or 4) an appropriate offer with supporting. data has not been provided to the owner. Please advise whether it is necessary to object in person on June 20, or whether you deem this written notice sufficient to preserve all objections. XAD\231-01\Co=ponden=\Santa Ana City —June 15, 2017 76N a61 City of Santa Ana June 15, 2017 Page 2 Despite this objection, we look forward to continued efforts in working with you and your consultants in hopes of avoiding an eminent domain lawsuit. Feel free to call anytime. Very truly yours, & SMITH cc: Susan Loh, Esq., Lanza & Smith, PLC Scott Ditfiuth, Esq. Best, Best & Krieger, LLP 3390 University Av., 56' floor Riverside, CA 92501 Luca Giovanardi Leasing & Development NewMark Merrill Companies 5850 Canoga Avenue, Suite 650 Woodland Hills, CA 91367 XAD1231-0I\Cort pondence\Santa Ma City -- June 15, 2017 7W-162 2