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HomeMy WebLinkAboutAgenda Report - January 6, 2021 B-01 SMAGENDA ITEM CITY OF LODI COUNCIL COMMUNICATION TM B- I AGENDA TITLE: Adopt Resolution to Ratify Purchase Agreement with Leigh Holmes and Jackleen Holmes, Owners, of Real Property Commonly Known as 301 East Lodi Avenue, for Development of the Harmony Homes Project in the Amount of $350,000 and Authorize the Appropriation of Funds in the Amount of $150,000 for Purchase of the Real Property MEETING DATE: January 6, 2021 PREPARED BY: Community Development Director & Business Development Manager RECOMMENDED ACTION: Adopt resolution to ratify purchase agreement with Leigh Holmes and Jackleen Holmes, owners, of real property commonly known as 301 East Lodi Avenue, for development of the Harmony Homes Project in the amount of $350,000 and authorize the appropriation of funds in the amount of $150,000 for purchase of the real property BACKGROUND INFORMATION: In December 2018, San Joaquin Continuum of Care (SJCoC) awarded the City $1,250,000 in HEAP grant funds for its permanent supportive housing project. On May 1, 2019, the City Council accepted the award. City staff held a town hall meeting and worked with numerous stakeholders to gather feedback on and evaluate potential project sites, including Lodi's Committee on Homelessness, homeless services providers, local advocacy groups, such as Take Back Lodi, local law enforcement, developers, residents and other interested partners. Factors for site selection were deliberated, such as undeveloped parcels, proximity to resources for project residents, compatibility with surrounding uses, compliance with zoning and development codes, concentration of similar type projects, property acquisition costs, and site development costs, including environmental assessments and clearance. As a result of this feedback, City staff and stakeholders vetted numerous sites before deciding on a proposed location at 301 East Lodi Avenue. This site meets the criteria for proximity to resources for project residents, compatibility with surrounding uses, compliance with zoning and development codes, acquisition cost within budget, ease of acquisition, and low anticipated development costs, such as environmental assessment and clearance. A Phase I and II Environmental Analysis were performed which identified no potential or existing environmental contamination liabilities. Project Description: The City's Harmony Homes Project will create four units of permanent housing for homeless individuals and families or those at risk of homelessness with expansion capacity for eight units. This supportive housing will help at -risk individuals/families move into long-term, affordable housing where they can continue their progress toward stable and independent living. APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager Adopt a resolution approving the final location for Harmony Homes Project and authorizing the City Manager to prepare a purchase agreement in a form acceptable to the City Attorney to purchase real property from Lee Holmes, property owner, of 301 East Lodi Avenue to develop the Harmony Homes Project December 2, 2020 Page 2 of 2 The Project will receive tenant referrals from local organizations including The Salvation Army, Lodi House, and Women's Center Youth and Family Services, as well as the Housing Authority of the County of San Joaquin (HACSJ). HACSJ will supply housing choice vouchers to tenants. Volunteer supportive housing services will be available for tenants, and tenants will sign lease agreements that include appropriate maintenance of each unit. The City has partnered with HACSJ to manage the construction of this Project. Also, the City will acquire and provide the land for the Project, through a ninety nine year ground lease and HACSJ will manage the Harmony Homes Project, in a manner similar to its other housing properties. Site Acquisition: On December 02, 2020 City Council approved of the final location and site acquisition of 301 East Lodi Ave per Resolution 2020-295. Subsequent to this approval, a purchase agreement with terms and conditions acceptable to the City Attorney was prepared and as authorized, the City Manager executed the Purchase Agreement for the acquisition of 301 East Lodi Avenue for the development of the Harmony Homes Project. Staff recommends that City Council adopt a resolution to ratify the purchase agreement of real property from Lee Holmes and Jackleen Holmes, property owners, of 301 East Lodi Avenue to develop the Harmony Homes Project and authorize the appropriation of funds in the amount of $150,000 from the General Fund Capital Outlay Fund account for acquisition of the property. FISCAL IMPACT: The HEAP grant awarded in 2019 will fund $200,000 of the negotiated sales price and $150,000 will be funded from the General Fund Capital Outlay Fund for a cumulative total of $350,000. FUNDING AVAILABLE: HEAP grant funds: 35584000.77020 ($200,000) General Fund Capital Outlay: 43199000.77020 ($150,000 Astrida Trupovnieks John R. Della Monica, Jr. f Business Development Manager Corrbunity Development Di Attachments: 1. Purchase Agreement for Purchase of Real Property from Leigh Holmes and Jackleen Holmes, Property Owners, of 301 East Lodi Avenue 2. Exhibit A: Recorded Grant Deed 3. Exhibit B: Signed Legal Description 4. Exhibit C: Preliminary Package Attachment 1: Purchase Agreement CONTRACT FOR ACQUISITION OF REAL PROPERTY California Government Code sections 7267.1 and 7267.2(a) Acquisition of Property by Negotiation 301 East Lodi Avenue Lodi, San Joaquin County, California APN 043-067-16 Leigh Holmes and Jackleen Holmes, husband and wife as joint tenants (hereinafter referred to as "Grantors") have conditionally delivered to the City of Lodi, a municipal corporation (hereinafter "Grantee") an executed Grant Deed conveying the real property described in attachment Exhibit "A" (attached hereto and incorporated herein by reference), commonly referred to as 301 East Lodi Avenue, located in the City of Lodi, San Joaquin County, California and designated as Assessor's Subject Property Number 043-067-16 (hereinafter referred as the "Parcel"), and all improvements thereon, if any, to Grantee. Grantor acknowledges receipt of a Statement of Summary of Basis for Appraisal prepared for the City of Lodi by William F. Bambas, MAI, dated November 10, 2020. Grantors further acknowledges that they may obtain their own appraisal of the Parcel and has declined to do so. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: A. Grantee requires the Parcel, property not now appropriated for public use, for the construction of a public project known as Harmony Homes. Harmony Homes will create four (4) units of permanent housing for homeless individuals and families or those at risk of homelessness to progress towards stable and independent living (hereinafter the "Public Project"). B. Because Grantee may exercise the power of eminent domain to acquire, Grantors are compelled to sell; and because Grantee requires the Parcel for the Public Project, Grantee is compelled to buy. As such, the acquisition of the Parcel is an involuntary conversion from a private to a public use. C. Both Grantors and Grantee recognize the expense, time, effort, and risk to both Grantors and Grantee in resolving a dispute over compensation for the Parcel by eminent domain litigation; and the compensation set forth herein is in compromise and settlement, in lieu of such litigation. D. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the Parcel and shall relieve Grantee of all further obligation or claims of whatever kind or nature on this account, or on account of the J:/CA/CITY/PropertyAcquisition/ HarmonyHomesProject/ContractForAcquisition.doc construction of the Public Project in the manner proposed, including, but not limited to, claims arising out of its location, grade, or restriction of private access rights. Grantors acknowledge that Grantee has informed Grantor as to the plans for the construction of the Public Project. 2. Grantee has opened an escrow with Old Republic Title (Escrow No. 1212025743) at 2020 W. Kettleman Lane, Suite D, Lodi, CA 95242, Attention: Pamela Cotta, Title Officer, and upon execution of this Agreement will provide instructions to carry out its terms. A. Grantors shall convey the Parcel by depositing in an escrow designated by Grantee a grant deed suitable for recordation upon the following terms and conditions: B. Grantee shall deposit in escrow the sum of $350,000 for the Parcel payable contemporaneously with the delivery of the grant deed as consideration for the Parcel and all improvements and landscaping thereon, if any. C. The Parcel shall be conveyed to Grantee free and clear of all liens and encumbrances, taxes and assessments, penalties and costs, leases and licenses (recorded and unrecorded), easements, rights-of-way, bonds and any and all restrictions of record other than items numbered 1 through 6 in Preliminary Title Report No. 1212025743 -PC, dated as of November 10, 2020, issued by Old Republic Title, a true and correct copy of which is attached hereto as Exhibit C. E. Grantee shall pay all escrow and recording fees incurred in this transaction. Grantee shall pay the cost of title insurance, if requested by i Grantor Evidence of title shall be a standard policy of tile insurance issued by the Old Republic Title. 3. The parties agree that the interests conveyed by Grantors are not eligible for relocation assistance or benefits under the California Relocation Assistance and Real Property Acquisition Guidelines. 4. Grantors acknowledge and agree that they continue to be responsible for the payment(s) of any mortgage, deed of trust, promissory note and/or liens secured by the Parcel through the close of escrow, if any. 5. In the event that a dispute arises between Grantors and Grantee or Grantors and any third -party claimant prior to payment to Grantors and it becomes necessary for Grantee to file a condemnation action then: A. The compensation provided for in this Agreement shall draw interest as prescribed at the apportionment rate calculated by the State Controller as the rate of earning by the Surplus Money Investment Fund for each six-month period. Grantors shall be entitled to receive interest on the sum received as compensation pursuant to this Agreement for Grantors' interest in the Parcel beginning at the date of possession of the Parcel by Grantee as provided for in paragraph 2B of this Agreement. B. Grantors waive all claims and defenses challenging Grantee's right to acquire the Parcel by eminent domain in the event that Grantee J:/CA/CITY/PropertyAcqu isition/HarmonyHomesProject/ContractForAcquisition.doc 2 files any subsequent eminent domain action proceeding, and agrees that the City of Lodi has the right to acquire the Parcel by eminent domain and that the public interest and necessity require the Public Project; that the Public Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; that the Parcel is necessary for the Public Project; and an offer in an amount no less than the full amount of the City's approved appraisal was made to Grantors. Grantors and Grantee agree that the total amount of compensation that shall be awarded is the sum provided in paragraph 2B of this Agreement plus interest as provided in paragraph 5A hereinabove. 6. Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To GRANTEE: City of Lodi Community Development Department 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attention: John Della Monica, Director To GRANTORS: Leigh Holmes and Jackleen Holmes 20075 North Highway 99 Acampo, CA 95220 7. This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Further, that each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Amendment or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. The parties will recognize no obligations other than those set forth in this Agreement hereto. J:/CA/CITY/Pro pertyAcquisition/H armonyHomesProject/ContractForAcquisition.doc The undersigned hereby represent and warrant that they are authorized by the parties they purport to represent to execute this Contract for Acquisition for Purchase of Real Property ("Agreement"). --h IN WITNESS WHEREOF, the parties have executed this Agreement on the 2 day of December 2020, at Lodi, San Joaquin County, California. "Owners" 'Grantors" LeigM Holmes J�� Mckleen Holmes City of Lodi, a municipal corporation By 0""j ) n, on behalf of Stephen Schwabauer City Manager Attest: Jennifer Cusmir City Clerk Approved as to Form: JANICE D. MAGDICH CITY ATTORNEY B `7G1�//GP, ✓i /1�IoL/A�/CGC By Janice D. Magdich City Attorney J:/CA/CITY/Prope rtyAcq uisition/H arrnonyHornesProject/ContractForAcquisition. doc RECORDING REQUESTED BY: Old Republic Title Company Escrow No.: 1212025743 APN: 043-067-160-000 When Recorded Mail Document and Tax Statements to: City of Lodi, a municipal corporation Community Development Dept. 227. West Pine St./ P.O. Box 3006 T.nAi rn QK9A1_1Q10 Doc #: 2020-186068 Attachment 2: Exhibit A 12/31/2020 11:43:11 AM Page 1 of 3 Fee: $20.00 Tax Paid: $385.00 Steve J. Bestolarides San Joaquin County Recorder Paid By: OLD REPUBLIC TITLE COMPANY I SAN SPACEABOVE 7NISUNEISFOR RECORDERS USE Grant Deed Exempt from fee per GC27388.1(a)(2); document is subject to the imposition of documentary transfer tax The undersigned grantor(s) dedare(s): Documentary Transfer Tax is $385.00 (X) computed on full value of property conveyed, or ( ) computed on full value less of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X) City of Lodi FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Leigh Holmes and Jackleen Holmes, husband and wife hereby GRANT(S) to City of Lodi, a municipal corporation that property in City of Lodi, San Joaquin County, State of California, described as: * * * See "Exhibit A" attached hereto and made a part hereof. * * * Grant Deed MAIL TAX STATEMENTS AS DIRECTED ABOVE Page 1 of 2 Date: December 29, 2020 2020-186068 Page 2 of 3 12/31/2020 11:43:11 AM f t tWeen Holmes A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of SAN JOAQUIN On DEC. 30, 2020 before me, GAVINA FRANKLIN a Notary Public, personally appeared LEIGH HOLMES and 7ACKLEEN HOLMES , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) js/are subscribed to the within instrument and acknowledged to me that he/shLd/they executed the same in his/hoer/their authorized capacity(ies), and that by hig/1 er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under \OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Signature: Name: GA NA FRANKLIN (Typed or 4n :. GAVINA FRANKLIN COMM. #2212774 z � s a Notary Public - California o Z ' San Joaquin County Comm. Expires Oct. 1, 2421 (Seal) Grant Deed Order No. 1212025743 Page 2 of 2 2020-186068 Page 3 of 3 12/31/2020 11:43:11 AM ORDER NO.: 1212025743 The land referred to is situated in the County of San Joaquin, City of Lodi, State of California, and is described as follows: Lots 7 and 8 of Block 37 of "CITY OF LODI" {formerly Mokelumne} as delineated on that Map filed in Volume 2 of Maps and Plats, Page 12, San Joaquin County Records lying northerly of the North line of Lodi Avenue. Pursuent to a "Lot Line Adjustment" recorded on November 13, 2006, in Official Records Document No. 2006-238310. APN: 043-067-16 Page 1 of 1 Attachment 3: Exhibit B EXHIBIT "A" APN: 043-067-16 301 East Lodi Avenue, Lodi, CA All that land described in Grant Deed to Leigh Holmes and Jackleen Holmes, husband and wife as joint tenants, recorded November 13, 2006 in Document Number 2006- 238310, San Joaquin County Records, situate in the State of California, County of San Joaquin, City of Lodi, more particularly described as follows: A single parcel of land comprised of those portions of Lots 7 and 8 of Block 37 of "CITY OF LODI" (formerly Mokelumne) as delineated on that Map filed in Volume 2 of Maps and Plats, Page 12, San Joaquin County Records lying northerly of the North line of Lodi Avenue. Page 1 of 1 \\cvcfilv02\pubwks$\WP\DEV_SERV\Developments\Residential\Lodi 301 E\Lodi Ave 301 E description.doc EZ Attachment 4: Exhibit C ORDER NO.: 1212025743 EXHIBIT A The land referred to is situated in the County of San Joaquin, City of Lodi, State of California, and is described as follows: Lots 7 and 8 of Block 37 of "CITY OF LODI" (formerly Mokelumne) as delineated on that Map filed in Volume 2 of Maps and Plats, Page 12, San Joaquin County Records lying northerly of the North line of Lodi Avenue. Pursuent to a "Lot Line Adjustment" recorded on November 13, 2006, in Official Records Document No. 2006-238310. APN: 043-067-16 Page 1 of 1 OLD REPUBLIC TITLE COMPANY PRELIMINARY REPORT CITY OF LODI, BUSINESS DEVELOPMENT MANAGER P.O. Box 3006 Lodi, CA 95241 Attention: ASTRIDA TRUPOVNIEKS Property Address: 301 East Lodi Avenue, Lodi, CA 95240 801 S. Ham Lane, Ste. F Lodi, CA 95242 (209) 334-3367 Fax: (209) 334-6665 Our Order Number 1212025743 -PC When Replying Please Contact: Pamela Cotta pcotta@ortc.com (209)334-3367 In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE COMPANY, as issuing Agent of Old Republic National Title Insurance Company, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit I attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the Homeowner's Policy of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit I. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit I of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of November 10, 2020, at 7:30 AM OLD REPUBLIC TITLE COMPANY For Exceptions Shown or Referred to, See Attached Page 1 of 5 Pages (1RT 41 SR -A (Rau (1R/07/OR) OLD REPUBLIC TITLE COMPANY ORDER NO. 1212025743 -PC The form of policy of title insurance contemplated by this report is: An ALTA Loan Policy - 2006. A specific request should be made if another form or additional coverage is desired. The estate or interest in the land hereinafter described or referred or covered by this Report is: Fee Title to said estate or interest at the date hereof is vested in: Leigh Holmes and Jackleen Holmes, husband and wife as joint tenants The land referred to in this Report is situated in the County of San Joaquin, City of Lodi, State of California, and is described as follows: Lots 7 and 8 of Block 37 of "CITY OF LODI" (formerly Mokelumne) as delineated on that Map filed in Volume 2 of Maps and Plats, Page 12, San Joaquin County Records lying northerly of the North line of Lodi Avenue. Pursuent to a "Lot Line Adjustment" recorded on November 13, 2006, in Official Records Document No. 2006- 238310. APN: 043-067-16 At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows: 1. Taxes and assessments, general and special, for the fiscal year 2020 - 2021, as follows: Assessor's Parcel No 043-067-16 Bill No. 043067160000 Code No. 001-001 1st Installment $938.62 NOT Marked Paid 2nd Installment $938.62 NOT Marked Paid Land Value $170,000.00 Imp. Value $0.00 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq., of the Revenue and Taxation Code of the State of California. 2 of 5 (1RT '�1 SR -R OLD REPUBLIC TITLE COMPANY ORDER NO. 1212025743 -PC 3. Redevelopment Plan, as follows: Entitled Lodi Redevelopment Project No. 1 Executed By City of Lodi Dated July 9, 2002 Recorded July 10, 2002 in Official Records under Recorder's Serial Number 2002-117708 Returned to Address 221 West Pine Street, Lodi, Ca. 95241-1910 And any amendments thereto. 4. Matters as contained or referred to in an instrument, Entitled Grant Deed Executed By Leigh Holmes and Jackleen Holmes Recorded November 13, 2006 in Official Records under Recorder's Serial Number 2006-238310 Which Among Other Things Certificate of Lot Line Adjustment is for notification purposes only and Provides does not effect or accomplish the adjustment of the property lines described in Exhibit "A" Returned to Address P.O. Box 3006, Lodi, CA 95241-1910 5. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To City of Lodi, a municipal corporation For Public utility Recorded April 22, 2009 in Official Records under Recorder's Serial Number 2009-059625 Affects As described therein 6. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To City of Lodi For Public Utilities Recorded April 22, 2009 in Official Records under Recorder's Serial Number 2009-059627 Affects A portion of said land 3 of 5 (1RT '�1 SR -R OLD REPUBLIC TITLE COMPANY ORDER NO. 1212025743 -PC 7. Any unrecorded and subsisting leases. 8. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 9. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 10. The requirement that this Company be provided with a suitable Owner's Declaration (form ORT 174). The Company reserves the right to make additional exceptions and/or requirements upon review of the Owner's Declaration. -------------------- Informational Notes ------------------- A. The applicable rate(s) for the policy(s) being offered by this report or commitment appears to be section(s) 2.2. B. The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented to reflect the following additional items relating to the issuance of an American Land Title Association loan form policy: NONE NOTE: Our investigation has been completed and said land is unimproved. Said vacant land is known as: 301 East Lodi Avenue, Lodi, CA 95240. The ALTA loan policy, when issued, will contain the CLTA Modified 100 (TIM -52) and Modified 116 (TIM -58) endorsements. The referenced modifications to both endorsements delete only non -applicable coverage relating to improvements located upon said land. Unless shown elsewhere in the body of this report, there appears of record no transfers or agreements to transfer the land described herein within the last three years prior to the date hereof, except as follows: NONE (1RT '�1 SR -R 4 of 5 OLD REPUBLIC TITLE COMPANY ORDER NO. 1212025743 -PC C. NOTE: The last recorded transfer or agreement to transfer the land described herein is as follows: Instrument Entitled Grant Deed By/From Leigh Holmes and Jackleen Holmes, husband and wife To Leigh Holmes and Jackleen Holmes, husband and wife as joint tenants Recorded November 13, 2006 in Official Records under Recorder's Serial Number 2006-238310 0. N. (1RT '�1 SR -R 5 of 5 Exhibit I AMERICAN LAND TITLE ASSOCIATION LOAN POLICY OF TITLE INSURANCE (06/17/06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE SCHEDULE B - PART I Except as provided in Schedule B - Part II, this policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy. Page 1 of 1 * OLD REPUBLIC TITLE WHAT DOES OLD REPUBLIC TITLE DO WITH YOUR PERSONAL INFORMATION? Go to www.oldrepublictitle.com (Contact Us) Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. Can you limit this The types of personal information we collect and share depend on the product or service you Republic Title have with us. This information can include: • Social Security number and employment information What? • Mortgage rates and payments and account balances • Checking account information and wire transfer instructions transactions, maintain your account(s), or respond to court orders and When you are no longer our customer, we continue to share your information as described in this No notice. All financial companies need to share customers' personal information to run their everyday How? business. In the section below, we list the reasons financial companies can share their customers' We don't share personal information; the reasons Old Republic Title chooses to share; and whether you can limit this sharing. Go to www.oldrepublictitle.com (Contact Us) Does Old Can you limit this Reasons we can share your personal information , Republic Title sharing? share? For our everyday business purposes — such as to process your transactions, maintain your account(s), or respond to court orders and Yes No legal investigations, or report to credit bureaus For our marketing purposes — No We don't share to offer our products and services to you For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes — information about your transactions and experiences Yes No For our affiliates' everyday business purposes — No We don't share information about your creditworthiness For our affiliates to market to you No We don't share For non -affiliates to market to you No We don't share Go to www.oldrepublictitle.com (Contact Us) (Page 3 Who we are Who is providing this notice?I Companies with an Old Republic Title name and other affiliates. Please see below for a list of affiliates. What we do How does Old Republic Title To protect your personal information from unauthorized access and use, we use security protect my personal measures that comply with federal law. These measures include computer safeguards information? and secured files and buildings. For more information, visit https://www.oldrepubiictitle.com/privacy-policy How does Old Republic Title We collect your personal information, for example, when you: collect my personal information? oo Give us your contact information or show your driver's license Non -affiliates 0o Show your government -issued ID or provide your mortgage information 00 Make a wire transfer We also collect your personal information from others, such as credit bureaus, Joint marketing affiliates, or other companies. Why can't I limit all sharing? Federal law gives you the right to limit only: 0o Sharing for affiliates' everyday business purposes - information about your creditworthiness 0o Affiliates from using your information to market toyou 0o Sharing for non -affiliates to market toyou State laws and individual companies may give you additional rights to limit sharing. See the State Privacy Rights section location at https://www.oldrepublictitle.com/privacy- op tjCy for your rights under state law. Definitions - - Affiliates —I& Companies related by common ownership or control. They can be financial and nonfinancial companies. • Our affiliates include companies with an Old Republic Title name, and financial companies such as Attorneys' Title Fund Services, LLC, Lex Terrae National Title Services, Inc., Mississippi Valley Title Services Company, and The Title Company of North Carolina. Non -affiliates Companies not related by common ownership or control. They can be financial and non- financial companies. • Old Republic Title does not share with non -affiliates so they can market to you Joint marketing A formal agreement between non-affiliated financial companies that together market financial products or services to you. • Old Republic Title doesn't jointly market. Affiliates Who May be Delivering This Notice American First Title American Guaranty Attorneys' Title Fund Compass Abstract, Inc. eRecording Partners & Trust Company Title Insurance Services, LLC Network, LLC Company Genesis Abstract, LLC Guardian Consumer iMarc, Inc. Kansas City L.T. Service Corp. Services, Inc. Management Group, LLC Lenders Inspection Lex Terrae National Lex Terrae, Ltd. Mississippi Valley Title National Title Agent's Company Title Services, Inc. Services Company Services Company Old Republic Branch Old Republic Old Republic Escrow Old Republic Exchange Old Republic National Information Services, Diversified Services, of Vancouver, Inc. Company Ancillary Services, Inc. Inc. Inc. Old Republic Old Republic Title Old Republic National Old Republic Title Old Republic Title National Commercial and Escrow of Title Insurance Company Companies, Inc. Title Services, Inc. Hawaii, Ltd. Company Old Republic Title Old Republic Title Old Republic Title Old Republic Title Old Republic Title Company of Conroe Company of Indiana Company of Nevada Company of Oklahoma Company of Oregon Old Republic Title Old Republic Title Old Republic Title Old Republic Title Old Republic Title, Ltd. Company of St. Louis Company of Information Concepts Insurance Agency, Inc. Tennessee RamQuest Software, Republic Abstract & Sentry Abstract Surety Title Agency, The Title Company of Inc. Settlement, LLC Company Inc. North Carolina Trident Land Transfer Company, LLC Updated: January 1, 2020 Privacy Notice for California Consumers This Privacy Notice for California Consumers supplements the information contained in the Master Privacy Notice for Old Republic Title and applies to consumers that reside in the State of California. The terms used in this Privacy Notice have the same meaning as the terms defined in the California Consumer Privacy Act ("CCPA"). What Personal Information We Collect In accordance with the CCPA, personal information is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include: Information outside the scope of the CCPA such as: oo Health or medical information covered by the Health Insurance Portability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA). oo Personal Information covered by the Gramm -Leach -Bliley Act (GLBA), the Fair Credit Reporting Act (FCRA), the California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994, oo Publicly available information that is available from federal, state, or local government records, and oo De -identified or aggregated consumer information. Please see the chart below to learn what categories of personal information we may have collected about California consumers within the preceding twelve months, the sources of and business purposes for that collection and the third parties with whom the information is shared, if any. Category Examples Collected Sources Business Purpose for Collection Categories of Third Parties with Whom Information is Shared Identifiers Real name, alias, Yes Consumers, Underwriting or Service postal address, Lenders, providing other providers unique personal identifier, online Brokers, products or associated identifier, Internet Attorneys, services, with the protocol address, Real Estate responding to transaction for email address, Agents, and policyholder/consu a business account name, social Title Agents mer claims, purpose security number, associated inquiries or driver's license with the complaints, number, passport transaction detecting security number or other incidents, similar identifiers protecting against malicious, deceptive, fraudulent, or illegal activity. Other audit or operational purposes. Personal Name, signature, Yes Consumers, Underwriting or Service information social security Lenders, providing other providers described in number, physical California characteristics or Brokers, products or associated Customer description, address, Attorneys, services, with the Records telephone number, Real Estate responding to transaction for statute (Cal. passport number, Agents, and policyholder/consu a business Civ. Code § driver's license or Title Agents mer claims, purpose 1798.80(e)) state identification associated inquiries or card number, with the complaints, insurance policy transaction detecting security number, education, incidents, employment, employment history, protecting against bank account malicious, number, credit card deceptive, number, debit card fraudulent, or number, or any other illegal activity. financial information, Other audit or medical information, operational or health insurance information. purposes. "Personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. Characteristics Age (40 years or Yes Consumers, Underwriting or Service of protected older), race, color, Lenders, providing other providers classifications ancestry, national under origin, citizenship, Brokers, products or associated California or religions or creed, Attorneys, services, with the federal law marital status, Real Estate responding to transaction for medical condition, Agents, and policyholder/consu a business physical or mental Title Agents mer claims, purpose disability, sex associated inquiries or (including gender, with the complaints. Other gender identity, transaction audit or gender expression, operational pregnancy or childbirth and related purposes. medical conditions), sexual orientation, veteran or military status, or genetic information (including familial genetic information). Internet or Browsing history, Yes Consumers, To provide access Not Disclosed other search history, Lenders, to certain online electronic information about a network consumer's Brokers, services. To activity interaction with a Attorneys, understand the website, application, Real Estate interests of visitors or advertisement. Agents, and to our online Title Agents services, to associated support certain with the features of our transaction site, for navigation and to display certain features more effectively. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity. Other audit or operational purposes. Geolocation Geographic tracking Yes Consumers, To provide access Not Disclosed data data, physical Lenders, to certain online location and movements Brokers, services. To Attorneys, understand the Real Estate interests of visitors Agents, and to our online Title Agents services, to associated support certain with the features of our transaction site, for navigation and to display certain features more effectively. Other audit or operational purposes. What Personal Information We Share and Why We Share It The CCPA requires us to tell you what categories of personal information we "sell" or "disclose." We do not sell and will not sell your personal information as that term is commonly understood. We also do not sell and will not sell your personal information, including the personal information of persons under 16 years of age, as that term is defined by the CCPA. When it is necessary for a business purpose, we share or disclose your personal information with a service provider, and we enter a contract with the service provider that limits how the information may be used and requires the service provider to protect the confidentiality of the information. In the preceding twelve months, we have disclosed the following categories of personal information for the following business purposes. Where the personal information is shared with third parties, as that term is defined in the CCPA, the category of the third party is indicated. Category Examples Business Purpose for Disclosure Categories of Third Parties with Whom Information is Shared Identifiers Real name, alias, postal address, Underwriting or providing other Service unique personal identifier, online products or services, responding providers identifier, internet protocol address, email address, account name, social to policyholder/consumer claims, associated with security number, driver's license inquiries or complaints, detecting the transaction number, passport number or other security incidents, protecting for a business similar identifiers against malicious, deceptive, purpose fraudulent, or illegal activity. Other audit or operational purposes. Personal Name, signature, social security Underwriting or providing other Service information number, physical characteristics or products or services, responding providers described in description, address, telephone California number, passport number, driver's to policyholder/consumer claims, associated with Customer license or state identification card inquiries or complaints, detecting the transaction Records number, insurance policy number, security incidents, protecting for a business statute (Cal. education, employment, employment against malicious, deceptive, purpose Civ. Code § history, bank account number, credit fraudulent, or illegal activity. 1798.80(e)) card number, debit card number, or Other audit or operational any other financial information, purposes. medical information, or health insurance information. "Personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. Characteristics of protected classifications under California or federal law Age (40 years or older), race, color, ancestry, national origin, citizenship, religions or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, or genetic information (including familial genetic information). Underwriting or providing other products or services, responding to policyholder/consumer claims, inquiries or complaints. Other audit or operational purposes. Service providers associated with the transaction for a business purpose Internet or Browsing history, search history, To provide access to certain Not Disclosed other information about a consumer's online services. To understand to you: 1) the categories of personal information we have collected about you, 2) the electronic interaction with a website, application, network or advertisement. the interests of visitors to our activity online services, to support certain features of our site, for navigation and to display certain features more effectively. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity. Other audit or operational purposes. Geolocation Geographic tracking data, physical To provide access to certain Not Disclosed data location and movements online services. To understand the interests of visitors to our online services, to support certain features of our site, for navigation and to display certain features more effectively. Other audit or operational purposes. We may also transfer to a third party the personal information of a consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the business. Your Rights and Choices The CCPA provides California consumers with certain rights regarding their personal information. This chart describes those rights and certain limitations to those rights. Right What This Means Notice At or before the time your personal information is collected, you will be given written notice of the categories of personal information to be collected and the purposes for which the categories of personal information will be used. Access At your verifiable request, but no more than twice in a twelve month period, we shall disclose to you: 1) the categories of personal information we have collected about you, 2) the categories of sources for the personal information we collected about you, 3) our business and commercial purpose for collecting or selling your personal information, 4) the categories of third parties with whom we share your personal information, 5) The specific pieces of information we have collected about you, 6) the categories of personal information disclosed for a business purpose, and 7) If we sold personal information, the categories of personal information sold and the categories of third parties to whom it was sold. Deletion You have the right to request that we delete any of your personal information that we collected from you, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to delete) your personal information from our records unless an exception applies. We may deny your request if retention of the information is necessary for us or our service providers to: oo Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you. oc Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. oc Debug products to identify and repair errors that impair existing intended functionality. oo Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. oc Comply with the California Electronic Communications Privacy Act (Cal. Penal Code §1546 et seq.) oc Engage in public or peer reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent. oo Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. oo Comply with a legal obligation. oo Make other internal and lawful uses of that information that are compatible with the context in which you provided it. oo Or if it is the type of personal information that falls outside the scope of the CCPA, (HIPAA, CIMA, GLBA, or publicly available information) Opt -Out of Sale With some limitations, you may direct a business that sells personal information to third parties not to sell the personal information to these third parties. A business may not sell the personal information of persons less than sixteen years of age without their affirmative consent, and in the case of those less than thirteen years of age, the consent must come from a parent. Opt -In to Sale Non -Discrimination We will not discriminate against you for exercising your rights under the CCPA. Unless otherwise permitted by the CCPA we will not: oo Deny you goods or service oo Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties oo Provide a different level or quality of goods or services oo Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services To Exercise Your Rights To Opt -out of the Sale of Your Personal Information The CCPA gives consumers the right to direct a business that sells personal information about the consumer to third parties not to sell the consumer's personal information. We do not sell and will not sell your personal information as that term is commonly understood. We also do not sell and will not sell your personal information, as that term is defined by the CCPA. To Request Access to or Deletion of Your Personal Information To exercise your access or deletion rights described above, please submit a verifiable consumer request to us by either: Calling us at 1-855-557-8437 or contacting us through our website CCPA Consumer Reauest. Only you or your representative that you authorize to act on your behalf (Authorized Agent) can make a verifiable consumer request for your personal information. You may also make a request for your minor child. The verifiable request must provide enough information that allows us to reasonably verify you are the person about whom we collected personal information. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and to confirm the personal information relates to you. We work to respond to a verifiable consumer request within 45 days of its receipt. If we require additional time, we will inform you of the extension period (up to an additional 45 days), and the reason for the extension in writing. If you have an account with us, we will deliver our response to that account. If you do not have an account with us, we will deliver our response by mail or electronically, depending on your preference. The response we provide will also explain any reasons why we cannot comply with a request. You may only make a consumer request for access twice within a twelve-month period. Any disclosures we provide will apply to the twelve-month period preceding the consumer request's receipt. Contact Us If you have any questions regarding our Privacy Notice or practices, please contact us via phone at 1- 855-557-8437 or send your written request to: CCPA(a)oldrepublictitle.com, or Old Republic Title c/o CCPA Consumer Request Group, 275 Battery Street, Suite1500, San Francisco, CA 94111-3334. N01>IOO1S NO c1 z LCL- LLJ LO N e LZLJN !! Mf of N01>IOO1S RESOLUTION NO. 2021-14 A RESOLUTION OF THE LODI CITY COUNCIL RATIFYING PURCHASE AGREEMENT WITH LEIGH HOLMES AND JACKLEEN HOLMES, OWNERS, OF REAL PROPERTY COMMONLY KNOWN AS 301 EAST LODI AVENUE, FOR DEVELOPMENT OF THE HARMONY HOMES PROJECT IN THE AMOUNT OF $350,000; AND FURTHER AUTHORIZING THE APPROPRIATION OF FUNDS IN THE AMOUNT OF $150,000 FOR PURCHASE OF THE REAL PROPERTY WHEREAS, the City of Lodi is the recipient of a Homeless Emergency Aid Program (HEAP) grant designed to provide direct assistance to cities and counties to address the homelessness crisis throughout California; and WHEREAS, the City has identified real property located at 301 East Lodi Avenue (APN 043-067-16) as the location for the development of Harmony Homes, a tiny homes project, and the City Council gave direction to the City Manager to negotiate a purchase price for the acquisition of the real property within the $200,000 budget of the HEAP grant allocation and $150,000 of General Fund Capital Outlay funds; and WHEREAS, the City Manager was authorized to execute a purchase agreement for the acquisition of the subject real property in a form approved by the City Attorney; and WHEREAS, the development and operation of the Harmony Homes Project will be promulgated under an agreement between the City of Lodi and Housing Authority of the County of San Joaquin, to be brought back to the City Council at a subsequent meeting for approval; and WHEREAS, the Lodi City Council adopted Resolution 2020-295 authorizing the final location of the Harmony Homes Project at 301 E. Lodi Avenue at its regular/special meeting on December 02, 2020. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby ratify the City Manager's execution of a purchase agreement to purchase real property located at 301 East Lodi Avenue (APN 046-067-16) from Leigh Holmes and Jackleen Holmes, owners, entitled Contract for Acquisition of Real Property (a copy of which is attached), for the Harmony Homes Project and further ratifies the appropriation of funds in the amount of $150,000 from the General Fund Capital Outlay Fund to purchase the subject real property. Dated: January 6, 2021 ------------------------------------------------------------------------ I hereby certify that Resolution No. 2021-14 was passed and adopted by the City Council of the City of Lodi in a special meeting held January 6, 2021 by the following votes: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Khan, Hothi, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None J NNIFE USMIR City Cler 021-14 Attachment 1: Purchase Agreement CONTRACT FOR ACQUISITION OF REAL PROPERTY California Government Code sections 7267.1 and 7267,2(x) Acquisition of Property by Negotiation 301 East Lodi Avenue Lodi, San Joaquin County, California APN 043-067-16 Leigh Holmes and Jackleen Holmes, husband and wife as joint tenants (hereinafter referred to as "Grantors") have conditionally delivered to the City of Lodi, a municipal corporation (hereinafter "Grantee") an executed Grant Deed conveying the real property described in attachment Exhibit "A" (attached hereto and incorporated herein by reference), commonly referred to as 301 East Lodi Avenue, located in the City of Lodi, San Joaquin County, California and designated as Assessor's Subject Property Number 043-067-16 (hereinafter referred as the "Parcel"), and all improvements thereon, if any, to Grantee. Grantor acknowledges receipt of a Statement of Summary of Basis for Appraisal prepared for the City of Lodi by William F. Bambas, MAI, dated November 10, 2020. Grantors further acknowledges that they may obtain their own appraisal of the Parcel and has declined to do so. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: A. Grantee requires the Parcel, property not now appropriated for public use, for the construction of a public project known as Harmony Homes. Harmony Homes will create four (4) units of permanent housing for homeless individuals and families or those at risk of homelessness to progress towards stable and independent living (hereinafter the "Public Project"). B. Because Grantee may exercise the power of eminent domain to acquire, Grantors are compelled to sell; and because Grantee requires the Parcel for the Public Project, Grantee is compelled to buy. As such, the acquisition of the Parcel is an involuntary conversion from a private to a public use. C. Both Grantors and Grantee recognize the expense, time, effort, and risk to both Grantors and Grantee in resolving a dispute over compensation for the Parcel by eminent domain litigation; and the compensation set forth herein is in compromise and settlement, in lieu of such litigation. D. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the Parcel and shall relieve Grantee of all further- obligation or claims of whatever kind or nature on this account, or on account of the J:(CAICITY/PropertyAcquisilion/HarmonyHomesProject/ContractForAcquisition.doc construction of the Public Project in the manner proposed, including, but not limited to, claims arising out of its location, grade, or restriction of private access rights. Grantors acknowledge that Grantee has informed Grantor as to the plans for the construction of the Public Project. 2. Grantee has opened an escrow with Old Republic Title (Escrow No. 1212025743) at 2020 W. Kettleman Lane, Suite D, Lodi, CA 95242, Attention: Pamela Cotta, Title Officer, and upon execution of this Agreement will provide instructions to carry out its terms. A. Grantors shall convey the Parcel by depositing in an escrow designated by Grantee a grant deed suitable for recordation upon the following terms and conditions: B. Grantee shall deposit in escrow the sum of $350,000 for the Parcel payable contemporaneously with the delivery of the grant deed as consideration for the Parcel and all improvements and landscaping thereon, if any. C. The Parcel shall be conveyed to Grantee free and clear of all liens and encumbrances, taxes and assessments, penalties and costs, leases and licenses (recorded and unrecorded), easements, rights-of-way, bonds and any and all restrictions of record other than items numbered 1 through 6 in Preliminary Title Report No. 1212025743 -PC, dated as of November 10, 2020, issued by Old Republic Title, a true and correct copy of which is attached hereto as Exhibit C. E. Grantee shall pay all escrow and recording fees incurred in this transaction. Grantee shall pay the cost of title insurance, if requested by GrantW Evidence of title shall be a standard policy of tile insurance issued by the Old Republic Title V 3. The parties agree that the interests conveyed by Grantors are not eligible for relocation assistance or benefits under the California Relocation Assistance and Real Property Acquisition Guidelines. 4. Grantors acknowledge and agree that they continue to be responsible for the payment(s) of any mortgage, deed of trust, promissory note and/or liens secured by the Parcel through the close of escrow, if any, 5. In the event that a dispute arises between Grantors and Grantee or Grantors and any third -party claimant prior to payment to Grantors and it becomes necessary for Grantee to file a condemnation action then: A. The compensation provided for in this Agreement shall draw interest as prescribed at the apportionment rate calculated by the State Controller as the rate of earning by the Surplus Money Investment Fund for each six-month period. Grantors shall be entitled to receive interest on the sum received as compensation pursuant to this Agreement for Grantors' interest in the Parcel beginning at the date of possession of the Parcel by Grantee as provided for in paragraph 2B of this Agreement. B. Grantors waive all claims and defenses challenging Grantee's right to acquire the Parcel by eminent domain in the event that Grantee JJCA/CITY/ProperlyAcquisition/HarmonyHomesProjecl/ContracfforAcquisition.doc 2 files any subsequent eminent domain action proceeding, and agrees that the City of Lodi has the right to acquire the Parcel by eminent domain and that the public interest and necessity require the Public Project; that the Public Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; that the Parcel is necessary for the Public Project; and an offer in an amount no less than the full amount of the City's approved appraisal was made to Grantors. Grantors and Grantee agree that the total amount of compensation that shall be awarded is the sum provided in paragraph 2B of this Agreement plus interest as provided in paragraph 5A hereinabove. 6. Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To GRANTEE: City of Lodi Community Development Department 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attention: John Della Monica, Director To GRANTORS: Leigh Holmes and Jackleen Holmes 20075 North Highway 99 Acampo, CA 95220 7. This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Further, that each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Amendment or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. The parties will recognize no obligations other than those set forth in this Agreement hereto. J:/CA/CITY/PropertyAcquisition/HarmonyHomesProject/ContractForAcquisition.doc The undersigned hereby represent and warrant that they are authorized by the parties they purport to represent to execute this Contract for Acquisition for Purchase of Real Property ("Agreement'). ,r h IN WITNESS WHEREOF, the parties have executed this Agreement on the 7- day of December 2020, at Lodi, San Joaquin County, California. "Owners"/'Grantors" LeigK Holmes *4&�" ckleen Holmes City of Lodi, a municipal corporation By 0"'A .r Xaw on behalf of Stephen Schwabauer City Manager Attest: Jennifer Cusmir City Clerk Approved as to Form JANICE D. MAGDICH CITY ATTORNEY By Janice D. Magdich City Attorney J;/CA/CITY/ProperlyAcquisition/HarrnonyftnesProject/ContraefforAcquisition.doc 4