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Notice Of Intention (Standard) (Part III)

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Notice Of Intention (Standard) (Part III) Form. This is a California form and can be use in Department Of Real Estate Statewide.

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STATE OF CALIFORNIA DEPARTMENT OF REAL ESTATE Serving Californians Since 1917 NOTICE OF INTENTION (STANDARD) RE 628 Part III (Rev. 12/08) Note: Submit this package and one photocopy of pages 1 and 2; attach ﬁling fee to page 1 photocopy. FOR DRE USE ONLY FILE NUMBER AMOUNT REQUIRED QUESTIONNAIRE $ 1. GENERAL INFORMATION (1.A–1.O) A. THIS APPLICATION IS FOR A: [Check box(es)] AMOUNT RECEIVED $ FINAL PUBLIC REPORT REFUND AMOUNT PRELIMINARY PUBLIC REPORT $ OVERALL PRELIMINARY PUBLIC REPORT (MULTI-PHASE MAP PROJECTS ONLY) AMT TRANSFERRED CONDITIONAL PUBLIC REPORT $ FOR LOTS FROM FILE # B. TYPE OF SUBDIVISION [Check box(es)] STANDARD STANDARD UNDIVIDED INTEREST STANDARD MOBILE HOME C. SUBDIVISION IDENTIFICATION AND LOCATION NAME OF SUBDIVISION TRACT NUMBER NAME TO BE USED IN ADVERTISING SUBDIVISION LOCATION (address/main access roads/cross streets) CITY COUNTY NEAREST CITY MILES/DIRECTION FROM CITY D. THIS APPLICATION IS BEING SUBMITTED AS (CHECK ONE): Single phase subdivision First phase of a multiple phase subdivision Subsequent phase to an existing subdivision. Provide DRE ﬁle number and deputy name below. MASTER FILE # DEPUTY ASSIGNED TO THE MOST RECENT SUBSEQUENT PHASE E. WILL YOU ALSO FILE WITH HUD? (Refer to Question 1.O) NO YES Check appropriate box(es) Lots/Units to be: Sold Leased All residential lots to be sold vacant All residential lots to be sold with completed residential structures. Indicate type of structure: Conventional Manufactured Factory-built Residential lots to be sold both vacant and improved with residential structures. Vacant lots to be sold under agreement obligating buyer to enter into construction contract with seller or seller controlled entity. All lots to be sold as raw land. All lots to be sold with age restrictions. At least 50% of the lots will be sold subject to affordable housing ﬁnancing programs. (Submit evidence.) H. WAS A PRELIMINARY (OR OVERALL PRELIMINARY) PUBLIC REPORT ISSUED FOR THIS FILING? NO If NO, submit basic ﬁling fee, lot fee, 15 address labels for SRP and another 15 for subdivider. YES If PRELIMINARY issued, enter assigned ﬁle number below. If OVERALL PRELIMINARY issued (covering all lots in the subdivision), enter assigned ﬁle number below and submit basic ﬁling fee (except ﬁrst phase) and 15 address labels for each party. Note: Any difference between originally paid lot fees and the current fees, plus a basic ﬁling fee, must be paid for each ﬁling in a phased project (see RE 605). __________________________ [Assigned File Number] WHEN PUBLIC REPORT IS READY: MAIL TO SRP CALL SRP FOR PICK-UP F. NOT APPLICABLE TO RE 628. G. SIZE OF THIS FILING NUMBER OF ACRES IN THIS FILING NUMBER OF LOTS continued in next column American LegalNet, Inc. www.FormsWorkflow.com I. SUBDIVIDER INFORMATION J. SINGLE RESPONSIBLE PARTY (SRP) NAME NAME ATTENTION ATTENTION BUSINESS ADDRESS BUSINESS ADDRESS CITY CITY STATE ZIP CODE STATE ZIP CODE TELEPHONE NUMBER (INCLUDE A/C) FAX NUMBER TELEPHONE NUMBER (INCLUDE A/C) FAX NUMBER K. NOT APPLICABLE TO RE 628. L. NOT APPLICABLE TO RE 628. M. OVERALL PROJECT PLAN (See Part I, Figure A, for explanation of multiple-maps and phases.) 1) This application is for: (check one box) (Enter 1st, 2nd, 3rd, etc. and 1, 2, 3, etc. in the spaces below as appropriate.) a) Single phase project. (One public report covering the entire project). b) Not applicable to RE 628. c) The ________ phase of a ________ phase project with no additional tract maps. d) This is a multiple-map ﬁling, and this application covers the ________ map of ________ total single-phase maps. e) This is a multiple-phase, multi-map ﬁling, and this application covers the _________________ phase of the ________ map. 2) If “c”, “d” or “e” is checked above, answer the following questions. What is the total number of acres in the overall project? ................................................. What is the total number of lots in the overall project? .................................................... What is the approximate completion date for the overall project? ................................... How many lots in the overall project to date, including this ﬁling? ................................. RE 628 Part III Q 1I–1M Page 2 of 25 American LegalNet, Inc. www.FormsWorkflow.com List residential lot numbers/letters for each phase in this overall project plan. DRE File Number Tract Number Phase Residential Lot Numbers N. Not Applicable to RE 628. O. Will you also ﬁle with the HUD Ofﬁce of Consumer & Regulatory Affairs, Interstate Land Sales RESPA Division (HUD-OCRA)?................................................................... Yes No A. Is subdivider a California resident? .................................................................................. If a nonresident of the State of California, submit an irrevocable consent (original and one copy of appropriate RE 608) that if any action is commenced against the subdivider in the State of California and personal service of process upon the entity or individual cannot be made in this State, a valid service may be made by delivering the Consent To Service of Process (RE 608’s) to the Department of Real Estate of the State of California. Yes No B. Is the subdivider an entity organized under the laws of a state other than California? .... Yes No If YES, see instructions in SPRAG and submit contract (deposit receipt/purchase agreement) with HUD-OCRA required provisions underlined in red. Note: If YES and you are considering obtaining a conditional public report, you should be aware that HUD has advised the Department of Real Estate that sales of a HUD project under the authority of a conditional public report would be unlawful. Also, if a conditional public report is issued, it would be without the HUD certiﬁcation. *2. SUBDIVIDER STATUS If YES, submit a Certiﬁcate of Status for the foreign entity to transact business in California, issued by the California Secretary of State. 3. LOCATION OF SUBDIVISION SALES RECORDS NAME OF CUSTODIAN TELEPHONE NUMBER BUSINESS ADDRESS (POST OFFICE BOXES ARE NOT ACCEPTABLE) CITY RE 628 Part III COUNTY Q 1M–3 ZIP CODE Page 3 of 25 American LegalNet, Inc. www.FormsWorkflow.com 4. CONDITIONAL / PRELIMINARY PUBLIC REPORT Yes A. Are you requesting a conditional public report? (B&P Code §11018.12 and Reg. 2790.2) No If YES, §11018.12(f) of the Business and Professions Code requires a subdivider, principal, or his or her agent shall provide a prospective purchaser with a copy of the conditional report and a written statement which includes all of the following: (Submit a copy of the statement.) Note: If you are considering obtaining a conditional public report and the response to question 1M above is YES, you should be aware that HUD has advised the Department of Real Estate that sales of a HUD project under the authority of a conditional public report would be unlawful. Also, if a conditional public report is issued, it would be without the HUD certiﬁcation. 1) Speciﬁcation of the information required for issuance of a public report. 2) Speciﬁcation of the information required in the public report which is not available in the conditional public report, along with a statement of the reasons why that information is not available at the time of issuance of the conditional public report. 3) A statement that no person acting as a principal or agent shall sell or lease or offer for sale or lease lots or parcels in a subdivision for which a conditional public report has been issued except as provided in this article. 4) Speciﬁcation of the requirements of Section 11018.12, subdivision (e). B. If you are requesting a conditional public report, provide the name and address of the neutral escrow depository where all purchase money will be impounded, pursuant to Section 11013.2(a) or 11013.4(a) of the Business and Professions Code, until such time as the ﬁnal public report is furnished to the purchaser. NAME CODE SECTION (CHECK ONE) 11013.2(a) 11013.4(a) BUSINESS ADDRESS (POST OFFICE BOXES ARE NOT ACCEPTABLE) CITY STATE ZIP CODE C. RE 612 and 612A [Master File Item] Are you requesting a preliminary public report? .............................................................. Yes No If YES, submit: • • • The Reservation Deposit Handling Agreement (RE 612A) completed in sample form and executed with original, not photocopied, signatures of escrow holder and subdivider; The Reservation Instrument (RE 612) completed in sample form; and The original and three pink copies of the typed preliminary public report (see Part I, Section VIII for speciﬁc instructions). RE 628 Part III Q 4A–4C Page 4 of 25 American LegalNet, Inc. www.FormsWorkflow.com 5. ADVERTISING AND PROMOTION A. Indicate which of the following inducements or representations will be made in the advertising and marketing of subdivision interests. Note: If the answer to any of the following questions is YES, enter YES on item 5A(1-8) on Part II. Note: For each YES answer, submit details, copies of all documents proposed to be used, proposed ﬁnancial arrangements, e.g., bond, letter of credit or escrowing of developer’s funds, to carry out these programs, where applicable. Include RE 609, Escrow Instructions (Promotional Gifts), if item 5A(3) is answered YES. See SPRAG for further details. 1) Investment merit or appreciation potential of lots or parcels? ................................... Yes No 2) Construction or equipment guarantees, including guarantees to repair latent construction defects which extend beyond one year? .............................................................. Yes No 3) Gift, free trip, rebate or other similar promotional marketing devices? ..................... Yes No 4) Membership in club or association other than homeowners’ association or the use or availability for use, of commercial or recreational facilities (whether within or outside the boundaries of the subdivision) which will not be owned or controlled by the homeowners’ association? .................................................................................... Yes No 5) Program or arrangements for resale by purchasers of subdivision interests, money back guarantee or repurchase agreement? .................................................................. Yes No 6) Program or plan for leasing or renting of subdivision interests on behalf of nonoccupying owners? ..................................................................................................... Yes No 7) Other inducements or representations that will be a part of the sales program including any program, plan or arrangements whereby a purchaser may further divide the lot, parcel or unit being offered for sale? ................................................................... Yes No Yes No 1) If NO, will applicant be in title when ﬁnal public report is issued? ........................... Yes No C. Are there or will there be reservations of water, mineral, oil or gas rights? ..................... Yes No Yes No 8) Not applicable to RE 628. *6. TITLE/MINERAL RIGHTS A. Submit a preliminary report signed by an authorized employee of the title company, or a title policy, that shows true condition of title for this subdivision. B. Is applicant presently in title? ........................................................................................... If NO, submit evidence of future vesting including a date certain by which title must be conveyed. NA If YES, the sample grant deed (item 25) must reﬂect reservations. D. Have all rights to surface entry been waived? .................................................................. NA If NO, submit arrangements for protection against surface entry. RE 628 Part III Q 5A–6D Page 5 of 25 American LegalNet, Inc. www.FormsWorkflow.com E. Are there now any mineral rights reserved by the U.S. Government? ............................. (See SPRAG relative to this question before answering.) Yes No 1) If YES, are rights of surface entry also reserved? ...................................................... Yes No NA a) If YES, will you purchase these rights from the U.S. Government and convey them to each purchaser of a subdivision interest? ............................................... Yes No NA b) If NO, and if this is a subdivision improved with residential structures, will a title insurance policy be issued to each purchaser that includes an endorsement to insure against losses caused by surface entry? (100.29 endorsement) ............ Yes No NA F. Will lots/units be subject to transfer fees as deﬁned in Section 1098 of the Civil Code?. Yes No Yes No Yes No Yes No If yes, submit a copy of the recorded document required by Section 1098.5 of the Civil Code. *7. LEASES AFFECTING TITLE A. Are there now any leases which affect title or are there any leases proposed? ................ If YES, submit a copy of all leases affecting title. 8. COASTAL ZONE PERMIT OR EXEMPTION A. Is project located within the Coastal Zone? ...................................................................... If YES, submit copy of permit or exemption. 9. USES, ZONING, HAZARDS, AIRPORTS, NUCLEAR POWER PLANTS A. For what use or uses will the property be offered? Single-Family Residential Residential-Income Recreational Agricultural Age Restrictions Other (describe) _______________________________________________ B. Indicate the zoning of the land surrounding this project. (Use descriptive language, NOT CODES. If multi-family, specify type.) North ________________________________________________________________ South ________________________________________________________________ East ________________________________________________________________ West ________________________________________________________________ C. Is the subdivision within two (2) statute miles of any existing airport or any proposed airports shown on the general plan of the city or county? ................................................ 1) If YES, state name, location and distance to airport(s). _____________________________________________________________________________________ _____________________________________________________________________________________ RE 628 Part III Q 6E–9C Page 6 of 25 American LegalNet, Inc. www.FormsWorkflow.com 2) Is the property within an “airport inﬂuence area,” also known as an “airport referral area,” as determined by an airport land use commission? ......................................... Yes No Yes No If YES, the following statement shall be included in the public report: Notice of Airport in Vicinity This property is presently located in the vicinity of an airport, within what is known as an airport inﬂuence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. D. Are there any signiﬁcant surrounding property uses that need to be disclosed in the public report? ............................................................................................................................... 1) If YES, describe and give location, direction and distance. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ E. Are there or will there be any hazards or unusual conditions in or near this subdivision such as: railroads, rock quarries, oil sumps, high tension wires, open canals, toxic and/or solid waste dumps, freeways, neighboring agricultural production, timber land production, etc.? ........................................................................................................................... Yes No If YES, describe and give location, direction and distance. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ F. Has property in or near this subdivision been previously used as a toxic and/or solid waste dump site, oil sump, or for military training purposes? .................................................... Yes No If YES, describe and give location, direction and distance. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ G. Does this subdivision lie within a Nuclear Power Plant Basic Emergency Planning Zone? (Counties of San Luis Obispo, San Diego, Orange, Sacramento, San Joaquin and Amador only.) ................................................................................................................................ Yes No If YES, state the name of the nuclear power plant and the distance from this subdivision. _____________________________________________________________________________________ _____________________________________________________________________________________ RE 628 Part III Q 9C–9G Page 7 of 25 American LegalNet, Inc. www.FormsWorkflow.com H. Are you aware of any of the following: Substances, materials, or products which may be an environmental hazard such as, but not limited to, formaldehyde, radon gas, leadbased paint, fuel or chemical storage tanks, and contaminated soil or water on the subject property? ........................................................................................................................... Yes No If YES, explain. _____________________________________________________________________________________ _____________________________________________________________________________________ I. 1) Are you aware, or have any reason to believe, that the subject property contains any rock material which includes natural occurrences of asbestos? ................................ Yes No Yes No 3) Has any geologic testing been conducted on the property for the purpose of identifying the presence of asbestos ﬁbers?........................................................................... Yes No If yes, did the results indicate that asbestos ﬁbers are present? ........................................ Yes No Yes No Note: Serpentine rock may include asbestos ﬁbers. 2) Is the property covered by a State prepared map indicating the likelihood of the presence of natural occurrences of asbestos?................................................................... Note: You may wish to contact the State Department of Conservation, Division of Mines and Geology for information regarding available maps. Note: A YES response to 9I(1) or 9I(2) above will result in a public report disclosure regarding the possibility that this subdivision contains natural occurrences of asbestos, unless geologic testing is conducted on the property and it is determined that the subdivision does not contain naturally occurring asbestos. J. Does the subject project include residential structures built prior to 1978 (do not include properties sold at a foreclosure sale or housing designated for the elderly)? ................... If YES, pursuant to federal Real Estate Disclosure and Notiﬁcation Rule (24 CFR Part 35 and 40 CFR Part 745), the seller is required to disclose to prospective buyers that this property may contain lead-based paint and/or lead-based paint hazards as well as provide certain written materials as mandated by current law. The seller is required to offer all prospective buyers an opportunity to conduct a risk assessment for lead-based paint and lead-based paint hazards prior to being obligated under a purchase contract. This risk assessment may be waived by written agreement between buyer and seller. For more information on seller’s obligations, you should contact the local ofﬁce of the Environmental Protection Agency. K. 1) Is any part of this subdivision located within a Special Flood Hazard Area (any type Zone “A” or “V”) as designated by the Federal Emergency Management Agency (FEMA)? .................................................................................................................... If YES, pursuant to Government Code Section 8589.3, the seller shall disclose to any prospective purchaser of property within a Special Flood Hazard Area the fact that the property is within this Area. RE 628 Part III Q 9H–9K Yes No Do not know and information not available form local jurisdiction* Page 8 of 25 American LegalNet, Inc. www.FormsWorkflow.com If YES, the public report will contain the following note under the section entitled “Hazards”: The subdivider has advised that all or portions of the subdivision subject to this Public Report are located within a Special Flood Hazard Area as designated by the Federal Emergency Management Agency. Additionally, the subdivider has advised that prospective purchasers within this Area will be provided a separate disclosure required under Government Code Section 8589.3. If any disclosure, or any material amendment to any disclosure, required to be made by the subdivider regarding this natural hazard is delivered after the execution of an offer to purchase, the purchaser shall have three days after delivery in person or ﬁve days after delivery by deposit in the mail to terminate the offer by delivery of a written notice of termination to the subdivider or the subdivider's agent. 2) Is any part of this subdivision located within an Area of Potential Flooding shown on an inundation map designated pursuant to Government Code Section 8589.5? ... If YES, pursuant to Government Code Section 8589.4, the seller shall disclose to any prospective purchaser of property within an Area of Potential Flooding shown on an inundation map the fact that the property is within this Area. Yes No Do not know and information not available form local jurisdiction* If YES, the public report will contain the following note under the section entitled “Hazards”: The subdivider has advised that all or portions of the subdivision subject to this Public Report are located within an Area of Potential Flooding as shown on an inundation map. Additionally, the subdivider has advised that prospective purchasers within this Area will be provided a separate disclosure required under Government Code Section 8589.4. If any disclosure, or any material amendment to any disclosure, required to be made by the subdivider regarding this natural hazard is delivered after the execution of an offer to purchase, the purchaser shall have three days after delivery in person or ﬁve days after delivery by deposit in the mail to terminate the offer by delivery of a written notice of termination to the subdivider or the subdivider's agent. 3) Is any part of this subdivision located within a Very High Fire Hazard Severity Zone pursuant to Government Code Sections 51178 or 51179? ......................................... Yes No If YES, pursuant to Government Code Section 51183.5, the seller shall disclose to any prospective purchaser of property within a Very High Fire Hazard Severity Zone the fact that the property is within this Zone and is subject to the maintenance requirements of Section 51182. If YES, the public report will contain the following note under the section entitled “Hazards”: The subdivider has advised that all or portions of the subdivision subject to this Public Report are located within a Very High Fire Hazard Severity Zone. Additionally, the subdivider has advised that prospective purchasers within this Zone will be provided a separate disclosure required under Government Code Section 51183.5. If any disclosure, or any material amendment to any disclosure, required to be made by the subdivider regarding this natural hazard is delivered after the execuRE 628 Part III Q 9K Page 9 of 25 American LegalNet, Inc. www.FormsWorkflow.com tion of an offer to purchase, the purchaser shall have three days after delivery in person or ﬁve days after delivery by deposit in the mail to terminate the offer by delivery of a written notice of termination to the subdivider or the subdivider's agent. 4) Is any part of this subdivision located within a State Responsibility Area (wildland area that may contain substantial forest ﬁre risks and hazards) as determined by the California State Board of Forestry pursuant to Public Resources Code Section 4125?..... Yes No Yes No If YES, pursuant to Public Resources Code Section 4136, the seller shall disclose to any prospective purchaser of property within a State Responsibility Area the fact that the property is within this Area and is subject to the maintenance requirements of Section 4291. If YES, the public report will contain the following note under the section entitled “Hazards”: The subdivider has advised that all or portions of the subdivision subject to this Public Report are located within a State Responsibility Area (wildland area that may contain substantial forest ﬁre risks and hazards) as determined by the California State Board of Forestry. Additionally, the subdivider has advised that prospective purchasers within this Area will be provided a separate disclosure required under Public Resources Code Section 4136. If any disclosure, or any material amendment to any disclosure, required to be made by the subdivider regarding this natural hazard is delivered after the execution of an offer to purchase, the purchaser shall have three days after delivery in person or ﬁve days after delivery by deposit in the mail to terminate the offer by delivery of a written notice of termination to the subdivider or the subdivider's agent. 5) Is any part of this subdivision located within a delineated Earthquake Fault Zone pursuant to the Alquist-Priolo Earthquake Fault Zoning Act? (Public Resources Code Section 2622).............................................................................................................. If YES, pursuant to Public Resources Code Section 2621.9, the seller shall disclose to any prospective purchaser of property within a delineated Earthquake Fault Zone the fact that the property is within this Zone. If YES, the public report will contain the following note under the section entitled “Hazards”: The subdivider has advised that all or portions of the subdivision subject to this Public Report are located within an Earthquake Fault Zone. Additionally, the subdivider has advised that prospective purchasers within this Zone will be provided a separate disclosure required under Public Resources Code Section 2621.9. If any disclosure, or any material amendment to any disclosure, required to be made by the subdivider regarding this natural hazard is delivered after the execution of an offer to purchase, the purchaser shall have three days after delivery in person or ﬁve days after delivery by deposit in the mail to terminate the offer by delivery of a written notice of termination to the subdivider or the subdivider's agent. RE 628 Part III Q 9K Page 10 of 25 American LegalNet, Inc. www.FormsWorkflow.com 6) Is any part of this subdivision located within a Seismic Hazard Zone pursuant to the Seismic Hazards Mapping Act (Public Resources Code Sections 2690-2699.6)? ........... If YES, pursuant to Public Resources Code Section 2694, the seller shall disclose to any prospective purchaser of property within a Seismic Hazard Zone the fact that the property is within this Zone. If YES, the public report will contain the following note under the section entitled “Hazards”: Landslide Zone? Yes No Liquefaction Zone? Yes No Map not yet released by state* The subdivider has advised that all or portions of the subdivision subject to this Public Report are located within a Seismic Hazard Zone. Additionally, the subdivider has advised that prospective purchasers within this Zone will be provided a separate disclosure required under Public Resources Code Section 2694. If any disclosure, or any material amendment to any disclosure, required to be made by the subdivider regarding this natural hazard is delivered after the execution of an offer to purchase, the purchaser shall have three days after delivery in person or ﬁve days after delivery by deposit in the mail to terminate the offer by delivery of a written notice of termination to the subdivider or the subdivider's agent. * Future changes which place any part of the unsold lots in this subdivision within a natural hazard area will be considered a material change requiring the ﬁling of an amended public report application. L. Is the property located within the jurisdiction of the San Francisco Bay Conservation and Development Commission? .............................................................................................. Yes No Yes No If YES, the following statement shall be included in the public report. Notice of San Francisco Bay Conservation and Development Commission Jurisdiction This property is located within the jurisdiction of the San Francisco Bay Conservation and Development Commission. Use and development of property within the commission’s jurisdiction may be subject to special regulations, restrictions, and permit requirements. You may wish to investigate and determine whether they are acceptable to you and your intended use of the property before you complete your transaction. M. Is this subdivision located within one mile of property designated as "Prime Farmland," "Farmland," "Farmland of Statewide Importance," "Farmland of Local Importance", or "Grazing Land" on the most current "Important Farmland Map" issued by the Department of Conservation, Division of Land Resource Protection?................................................. If YES, the following statement shall be included in the public report. Notice of Right to Farm This property is located within one mile of a farm or ranch land designated on the current county-level GIS "Important Farmland Map," issued by the California Department of Conservation, Division of Land Resource Protection. Accordingly, the property may be subject to inconveniences or discomforts resulting from agricultural operations that are a normal and necessary aspect of living in a community with a strong rural character and a healthy agricultural sector. Customary agricultural practices in farm operations may include, but not limited to, noise, odors, dust, light, RE 628 Part III Q 9K Page 11 of 25 American LegalNet, Inc. www.FormsWorkflow.com insects, the operation of pumps and machinery, the storage and disposal of manure, bee pollination, and the ground or aerial application of fertilizers, pesticides, and herbicides. THESE AGRICULTURAL PRACTICES MAY OCCUR DURING ANY 24-HOUR PERIOD. Individual sensitivities to those practices can vary from person to person. You may wish to consider the impacts of such agricultural practices before you complete your purchase. Please be advised that you may be barred from obtaining legal remedies against agricultural practices conducted in a manner consistent with proper and accepted customs and standards pursuant to Section 3482.5 of the Civil Code or any pertinent local ordinance. 10. FIRE PROTECTION A. Will the subdivision be served by ﬁre hydrants? .............................................................. Yes No If NO, describe what provisions, if any, are available for ﬁre protection and identify the ﬁre protection water source. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ B. Is the subdivision within ﬁve miles of a ﬁre station and served by a public ﬁre protection agency (other than volunteer ﬁre department, U.S. Forest Service or California Department of Forestry)? ............................................................................................................. Yes No If YES, name the ﬁre protection agency, state distance from ﬁre station to project. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ If NO, to A or B above, describe what ﬁre protection service, if any, is available and submit the ﬁre protection agency will-serve letter as outlined in SPRAG. If there is no ﬁre protection service, so state. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ C. Does this subdivision lie within the boundaries of land classiﬁed as State Responsibility Area (wildland area that may contain substantial forest ﬁre risks and hazards) as determined by the California State Board of Forestry pursuant to Section 4125 of the Public Resources Code? ............................................................................................................... Yes No NA Note: Maps of State Responsibility Areas should be on ﬁle with the County Planning Department or County Assessor’s Ofﬁce. Note: Check NA, if this subdivision is located in any of the following counties: Kern, Los Angeles, Marin, Orange, San Francisco, Santa Barbara, Sutter or Ventura. If YES, submit a will-serve letter from ﬁre protection agency, if any, providing structural ﬁre protection and a will-serve letter from the appropriate Ranger Unit of the California Department of Forestry as to wildland ﬁre protection. If the California Department of Forestry is the sole provider of ﬁre protection, the will-serve letter requested under item B above will sufﬁce. RE 628 Part III Q 9K–11C Page 12 of 25 American LegalNet, Inc. www.FormsWorkflow.com 11. SEWAGE DISPOSAL Yes A. Will the project use public sewers?................................................................................... If YES, list the name of the sewer system and the service charge per lot. ....................... No $ ________________ _____________________________________________________________________________________ Yes No Yes B. Will the project use private sewers? ................................................................................. No If YES, comply with 1, 2 and 3 below. 1) Furnish the name and address of the sewer entity. NAME ADDRESS CITY STATE ZIP CODE 2) Submit evidence of ﬁnancial arrangements for installation of the sewer system OR veriﬁcation that it is already installed. 3) Submit evidence of clearance by the Public Utilities Commission, if applicable. C. Will the purchaser be responsible for any of the following public/private sewer system costs (excluding septic systems): 1) Installation of system? ................................................................................................ If YES, state estimated cost per lot. ........................................................................... 2) Extension to lot? ......................................................................................................... If YES, state estimated cost per lot. ........................................................................... 3) Hookup fees for vacant lots (including meter or other fees)? .................................... If YES, state estimated cost per lot. ........................................................................... D. Will the project use septic systems or other individual sewage systems? ........................ $ ________________ Yes No $ ________________ Yes No $ ________________ Yes No If YES, submit a letter from the local health authority stating that a septic tank or other individual sewer system is the acceptable method of sewage disposal and will be permitted on each and every lot included in the application. If the letter from the local health authority does not specify each and every lot as suitable for the proposed sewage disposal system, the sample escrow instructions and the sample sales agreement must provide that no sale will be closed until the purchaser has received a written opinion, satisfactory to the purchaser, from the local health authority, a registered civil engineer or a geologist, that the lot/parcel is suitable for installation of a septic system or other individual sewer system and a permit would be issued on the date of the opinion, if an application for a permit were made in compliance with local permit requirements on that date. If purchaser is to pay for installation, state estimate of cost and date estimate was made. If none, so state. ................................................................................................................ RE 628 Part III Q 11A–11D $ ________________ ______________ (date) Page 13 of 25 American LegalNet, Inc. www.FormsWorkflow.com 12. SOILS, FILLED GROUND & GEOLOGICAL INFORMATION A. Give the name and street address of the local public agency where information concerning soil conditions and/or ﬁlled ground, and/or geologic conditions in this project will be available. If such reports were not prepared speciﬁc to this subdivision, ﬁll-in “none.” NAME OF SOIL PUBLIC AGENCY ADDRESS CITY STATE ZIP CODE STATE ZIP CODE STATE ZIP CODE NAME OF FILLED GROUND PUBLIC AGENCY ADDRESS CITY NAME OF GEOLOGICAL REPORT PUBLIC AGENCY ADDRESS CITY B. Soils Report — Check applicable box: Conversion project — soils report not required. Soils report waived. Not applicable, if a public agency is listed in item 12A above. C. If vacant lots will be offered, will there be any special costs incurred by the lot buyer as a result of the installation of a building foundation or any other construction due to unusual soil conditions? ................................................................................................................. Yes No NA Note: Check NA, if no vacant lots will be offered. If YES, explain and provide an estimate of such costs: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ D. Check applicable box: There will be no ﬁll in excess of two feet. Some lots have or will have ﬁll in excess of two feet. All lots have or will have ﬁll in excess of two feet. 13. NOT APPLICABLE TO RE 628 RE 628 Part III Q 12A–13 Page 14 of 25 American LegalNet, Inc. www.FormsWorkflow.com 14. WATER SUPPLIER (If WELLS, answer NA to questions 14A-14D and proceed to question14E.) NA A. State name and address of water supplier: SUPPLIER NAME ADDRESS CITY STATE ZIP CODE B. Water supplier: Yes No 2) Is water supplier a mutual water company? ............................................................... Yes No a) If YES, was the mutual water company formed prior to January 1, 1998? ......... Yes No NA Yes No NA 1) Is water supplier one of the following? ...................................................................... (If yes, check appropriate box.) municipality county water district community service district NA irrigation district state water district (1) If YES, submit either a copy of the current permit to issue shares granted by the Department of Corporations or all of the items under (2) below. (2) If NO, submit all of the following: • Executed RE 699B (Mutual Water Company Certiﬁcation); • A copy of the certiﬁcate of the State Director of Health Services satisfying Sections 116300 to 116385 of the Health and Safety Code; • A copy of the statement signed either by the engineer who prepared the engineer’s report pursuant to Section 14312(a)(7) of the Corporations Code or a person employed or acting on behalf of the public agency or other independent qualiﬁed person, that the water supply and distribution system has been examined and tested and operates in accordance with the design standards of Chapter 2, Part 7 of Division 3, Title 1 of the Corporations Code; and • Evidence of completion of the water supply and distribution system which will serve all lots to be covered by the public report. b) Will purchaser have to pay to acquire shares? ..................................................... If YES, state an estimate of the total per lot cost to secure water service: .......... $ ________________ 3) Is water supplier a public utility? ............................................................................... Yes No a) If YES, is the subdivision located entirely within the existing service area of one of the exempt suppliers listed here?..................................................................... Yes No Apple Valley Ranchos Water Co. California American Water Co. California Water Service Co. Golden State Water Co. Great Oaks Water Co. NA Park Water Co. San Gabriel Valley Water Co. San Jose Water Co. Suburban Water Systems Valencia Water Co. If NO, submit conﬁrmation of PUC approval. See SPRAG for details. RE 628 Part III Q 14A–14B Page 15 of 25 American LegalNet, Inc. www.FormsWorkflow.com C. Have water lines been, or will they be, installed by the subdivider? ................................ Yes No NA 1) Was a master geographic letter in effect at the time the subdivision map was conditionally approved by the city or county which covered installation of water lines?... Yes No NA Yes No NA a) If NO, submit a letter from the water supplier including: (1) A statement that ﬁnancial arrangements for installation of water lines have been made. (2) Ample water for normal use and ﬁre protection (if any) will be available. (3) Water will be furnished on demand, without exception, to each and every lot, OR, if there are exceptions, list the lots excepted and the reason(s) for the exceptions. (4) Water is potable. b) If YES, did the master geographic letter indicate that domestic water to be served to residents in this subdivision is potable, and there is ample water for normal use to serve each and every lot on demand and for ﬁre protection? .................... (1) If NO, submit a letter from the water supplier including the information in 14C1(a)(2), (3) and (4). c) State approximate date water system is expected to be completed. .................... d) Will lot purchaser have to pay for installation of service to dwelling? ............... If YES, state approximate cost. ........................................................................... D. Will the purchaser have to pay for installation of water lines?......................................... ______________ (date) Yes No NA $ ________________ Yes No Yes No Yes No NA If YES, submit a letter from the water supplier indicating: 1) It will supply water to this subdivision. 2) Approximate present cost to install water lines from nearest water main to farthest lot to be included in the offering. 3) Ample water for NORMAL household use and ﬁre protection (if any) is available. 4) Water will be furnished on demand, without exception, to each and every lot. 5) Water is potable. E. Will the purchaser have to drill a well? ............................................................................ If YES, comply with 1, 2 and 3 below: 1) Submit the following: a) A letter from a California licensed well driller giving estimated cost for drilling and casing a well, cost of pressure pump and system and any required conditioning equipment; and depth at which water may be found. b) A letter from local health authority stating that individual wells will be permitted; the type of sewage disposal system permissible with wells on the size of lot proposed; and that the water is potable. 2) Is a geologist’s report as to availability of underground water required by local authorities? ..................................................................................................................... NA If YES, submit report. Upon review of your ﬁle, the Department may require a geologist’s report even if one is not required by local authorities. RE 628 Part III Q 14C–14E Page 16 of 25 American LegalNet, Inc. www.FormsWorkflow.com 3) Are there any special requirements or conditions imposed by local city/county authorities for the installation of individual wells? ........................................................ Yes No Yes NA No If YES, submit a statement or notice from the local authority citing the special requirements or conditions. Note: Subdivider should check with the local authorities to determine if there is a requirement that a well must be installed on each lot at the subdivider’s expense prior to closing the escrow or, alternatively, that a statement from the purchaser must be obtained waiving installation of the well as a condition of sale. If the subdivider must/will install a well on each lot and the offering is vacant lots, submit exhibit 14E(1)(b) and veriﬁcation of installation or pertinent escrow instructions. F. Was this subdivision subject to the imposition of a condition pursuant to subdivision (b) of Section 66473.7 of the Government Code?................................................................. If YES, submit a copy of the written veriﬁcation of the available water supply obtained pursuant to Section 66473.7 of the Government Code. 15. SERVICES AND SCHOOLS A. Complete the following information regarding utilities: GAS COMPANY CITY (NOT APPLICABLE IF "800" TELEPHONE NUMBER PROVIDED.) TELEPHONE NUMBER ELECTRIC COMPANY CITY (NOT APPLICABLE IF "800" TELEPHONE NUMBER PROVIDED.) TELEPHONE NUMBER TELEPHONE COMPANY CITY (NOT APPLICABLE IF "800" TELEPHONE NUMBER PROVIDED.) TELEPHONE NUMBER B. Will the subdivider extend the above-listed gas, electric and telephone lines to the project? (Note: If utility supplier lines are already adjacent to the project, mark NA.) 1) Gas 2) Electric 3) Telephone Yes Yes Yes No No No NA NA NA For each YES answer to 1, 2 or 3, submit evidence of ﬁnancial arrangements for extension/installation. C. Will the purchaser have to pay the cost for installation and/or extension of utility service from the suppliers named above, other than a normal connection charge? 1) Gas 2) Electric 3) Telephone Yes Yes Yes No No No NA NA NA If YES, to 15C 1, 2 or 3 above, submit a letter from the appropriate utility company estimating the cost to purchaser of bringing lines to the farthest lot in the tract, and stating distance of free extension and extension cost per foot. RE 628 Part III Q 14E–15C Page 17 of 25 American LegalNet, Inc. www.FormsWorkflow.com D. Has a statement been approved by the school district (one for each school district serving the subdivision) that shows the location of every school serving the subdivision? .......... Yes No If YES, submit statement(s). If NO, submit documentation that a statement to that effect was asked of the governing body of the school district and a copy of the letter requesting this information. 16. OFF-SITE IMPROVEMENTS A. List the off-site improvements which the subdivider is/was required to construct for this subdivision, such as streets, drainage, cable television, etc. If none, so state. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ B. Will off-site improvements be covered by an agreement with the local governing body secured by a bond, cash deposit or instrument of credit? ................................................. Yes No NA Note: If the city or county has a current master geographic letter (MGL) on ﬁle with the Department of Real Estate which speciﬁcally covers each improvement listed above, check NA. 1) If YES, submit the agreement(s) and copy of the bond(s), instrument(s) of credit, or evidence(s) of cash deposit. 2) If NO, submit evidence that adequate ﬁnancial arrangements have been made for all off-site improvements included in the offering or submit evidence of completion. C. State the amount of indebtedness, if any, which is a lien upon the subdivision or any part thereof under provisions of Section 66499(a)(4) of Government Code (Map Act), and which was incurred to pay for the construction of any off-site improvements. ............... $ ________________ 17. FLOOD AND DRAINAGE A. Is this project covered by a current Master Geographic Letter (RE 665), containing a ﬂood clause, on ﬁle with the DRE? .................................................................................. Yes No Yes No Yes No If NO, submit a report on ﬂood and drainage conditions from the local ﬂood control agency or a similar authority. Note: If the local ﬂood agency will not issue a report until after ﬁnal map approval, submit a statement to that effect, signed by the subdivider, and tabbed as 17A. Then submit the report as soon as it is available (prior to issuance of the ﬁnal public report). B. Is the project located within the San Joaquin and/or Sacramento Drainage Districts? .... If YES, submit evidence that the property does not lie within the areas covered by ﬂoodway or ﬂood plain maps of the Reclamation Board. C. Were you required to secure an approved application from the Reclamation Board for work within or near the channel of any stream or other areas subject to ﬂooding? ......... RE 628 Part III Q 15D–17C NA Page 18 of 25 American LegalNet, Inc. www.FormsWorkflow.com 18. TAXES, SPECIAL DISTRICTS AND SPECIAL ASSESSMENT DISTRICTS A. Taxes 1) What is the tax area code for this subdivision? .......................................................... ___________________ 2) What is the total tax rate for this subdivision (use the most recent tax rate information available)? .................................................................................................................. $ ________________ 3) List the tax year. ......................................................................................................... ___________________ B. Does this project lie within a landscape lighting district (LLD) or a county service area (CSA)? .............................................................................................................................. Yes No 1) If YES, name and describe the function of the LLD or CSA. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 2) Name the administrating agency of this district. _____________________________________________________________________________________ $ ________________ 3) What is the assessment for the current tax year? ....................................................... What is the anticipated assessment if not currently assessed? ................................... 4) Does this district or agency have authorized but unissued bonds? ............................ $ ________________ Yes No Yes No If YES, submit RE 624C. C. 1) Does the project lie within a community facilities district? ....................................... 2) If YES, name the district(s). If district not yet formed, complete RE 624C. _____________________________________________________________________________________ _____________________________________________________________________________________ D. 1) Does this project lie within a special district or special assessment district? ............ Yes No 2) If YES, name and describe function of the district and submit RE 624C. _____________________________________________________________________________________ _____________________________________________________________________________________ 3) If D(1) was answered YES, does this district have any authorized but unissued bonds? Yes No NA If YES, submit RE 624C. What is the current per lot/unit assessment for the district(s)? .................................. $ ________________ List the tax year. ......................................................................................................... ___________________ RE 628 Part III Q 18A–18D Page 19 of 25 American LegalNet, Inc. www.FormsWorkflow.com 19. STREETS, COMPLETION AND MAINTENANCE A. Describe the roads within (interior) and to (access) the subdivision with some speciﬁcity (e.g. gravel, bladed, county standard asphalt, decomposed granite, etc.) also describe any special conditions (e.g., road maintenance agreement, not improved to county maintenance standard, not regularly snow-plowed in winter, subject to ﬂooding in rainy season, etc.). Access: ______________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Interior: ______________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ B. Are all streets (including driveways or easements which provide access) to the subdivision maintained by a public agency (city, county, etc.)? .................................................. Yes No C. Are all streets (including driveways or easements which provide access) to the individual lots within the subdivision maintained by a public agency (city, county, etc.)? ............... Yes No D. Are there streets and/or driveways providing access to lots in or to the subdivision which are not publicly maintained? ............................................................................................. Yes No E. Will all streets and/or private driveways providing access to lots be fully improved at the time of ﬁnal map approval? .............................................................................................. Yes No If NO, is there a master geographic letter on ﬁle which includes ﬁnancial assurances for street and/or private driveway completion? ...................................................................... Yes No Yes No If YES, submit a registered civil engineer’s letter stating the total number of linear feet of streets to be privately maintained, the annual cost per linear foot to maintain, the per lot annual maintenance obligation and the information requested in 19A. NA 1) If NO, submit evidence of adequate ﬁnancial arrangements to assure completion of streets and/or private driveways providing access to lots. *20. PURCHASE MONEY HANDLING A. Is there a blanket encumbrance now or will there be at the time of sale or lease? ........... B. Will all money of purchaser, lessee or contract vendee be impounded in a neutral escrow or trust account, (see NOTE below), until proper releases are obtained from all blanket encumbrances, if any, and until legal title, or leasehold interest, as applicable, is conveyed to the purchaser, lessee or vendee [Section 11013.2(a) or 11013.4(a) of the Business and Professions Code]? (Check code section.) ........................................................................ 1) If YES, list where purchase money will be impounded. Yes No §11013.2a §11013.4a NAME BUSINESS ADDRESS (POST OFFICE BOX IS NOT ACCEPTABLE) CITY RE 628 Part III STATE Q 19A–20B ZIP CODE Page 20 of 25 American LegalNet, Inc. www.FormsWorkflow.com Note: A trust account may only be used if there is no blanket encumbrance. It may not be used as compliance with Section 11013.2(a) Business and Professions Code. 2) If NO, will a blanket bond (RE 600A) covering multiple projects be submitted (or has one been submitted) to the State of California pursuant to Section 11013.2(c) [bond], 11013.4(b) [bond], of the Business and Professions Code? (Check code section.)... Yes No §11013.2c §11013.4b NA Yes No §11013.2a §11013.4a NA Note: All purchase money received under the authority of a conditional public report must be placed in a neutral escrow depository per Section 11013.2a or 11013.4a. Refer to question 4 for identiﬁcation of the escrow depository to be used under a conditional public report. a) If YES, submit original blanket bond (RE 600A). If already on ﬁle, submit a copy and compete the following: SECURITY NUMBER AMOUNT PRINCIPAL ISSUER b) Will funds received in excess of the security be impounded in a neutral escrow or trust account, pursuant to Section 11013.2(a) or 11013.4(a) of the Business and Professions Code? (Check code section.) ..................................................... (1) If YES, complete the following information. NAME CHECK ONE ESCROW TRUST ACCOUNT BUSINESS ADDRESS (POST OFFICE BOX IS NOT ACCEPTABLE) CITY STATE ZIP CODE (2) If NO, is some other arrangement proposed? (Check code section) ............ If YES, explain fully on a separate sheet. C. Does the owner, subdivider or agent have an interest equal to, or greater than, 5% ownership in the entity shown in 20B(1) or (2) above? ............................................................. Yes No §11013.2d §11013.4f Yes No Yes NA No If YES, see SPRAG regarding Section 2995 of the Civil Code. *21. REAL PROPERTY SALES CONTRACTS A. Do you intend to use real property sales contracts with installment payments (also known as contracts of sale or land contracts), other than Cal-Vet loans?..................................... If YES, see SPRAG for details and submit sample documents. 22. NOT APPLICABLE TO RE 628 RE 628 Part III Q 20B–22 Page 21 of 25 American LegalNet, Inc. www.FormsWorkflow.com *23. SAMPLE DEPOSIT RECEIPT/AGREEMENT TO PURCHASE A. Submit a copy of the purchase agreement (deposit receipt) to be used, completed in sample form, to show the substance of a typical transaction (must be in compliance with Regulation 2791 and applicable sections of the Civil Code), signed by the subdivider to afﬁrm that all purchase agreements will conform to the sample. If the purchase agreement is pre-approved, submit the approval letter with the agreement. If a conditional public report will be issued the sales agreement must provide for the return of the entire sum of money paid or advanced by the purchaser if the ﬁnal subdivision public report has not been issued within six months of the issuance date of the conditional public report or the purchaser is dissatisﬁed with the ﬁnal public report because of a change pursuant to Section 11012. In addition, purchase money received under the authority of a conditional public report must be placed in a neutral escrow depository per Section 11013.2a or 11013.4a. See SPRAG for details. 24. FINANCING A. Will the buyer be offered ﬁnancing by other than a state- or federally-regulated lender? Yes No Yes No Yes No Yes No Yes No If YES, submit exemplar promissory note(s) and deed(s) of trust completed in sample form. Note: Entities licensed by the Department of Real Estate do not qualify as “state regulated lenders” for purposes of this question. B. Will you be offering loans with balloon payments, subsidized interest and loan payments, “creative ﬁnancing” plans, equity sharing plans, any type of “affordable housing” ﬁnancing or other similar ﬁnancial programs? ........................................................................... If YES, submit all details along with documents (including fact sheets, if any, for approval) which will be used. C. Are sales in this subdivision subject to the requirements of Sections 2957 or 2963 of the Civil Code? ....................................................................................................................... See SPRAG for information concerning “arranger of credit” obligations. *25. SAMPLE GRANT DEED A. Will you be offering only leasehold estates? .................................................................... If NO, submit a copy of the proposed grant deed completed in sample form. See SPRAG for details. *26. LEASING/RENTING A. Is it your present intention to rent any interests in this subdivision? ................................ If YES, approximately how many interests do you intend to rent, rather than to sell? .... RE 628 Part III Q 23A–26A __________________ Page 22 of 25 American LegalNet, Inc. www.FormsWorkflow.com B. Will the subdivider be offering lease options or leasehold estates for terms of one year or longer? .......................................................................................................................... If YES, submit proposed copies of the lease and/or lease option completed in sample form, and, if known, indicate the approximate number of interests to be leased. ............ Yes No ___________________ *27. SUBDIVISION MAP Yes No Yes No C. Is this a vacant lot offering? .............................................................................................. Yes No 1) If YES, will any special fees be charged to the lot purchaser when said purchaser obtains a building permit or prior to occupancy for school impact, sewer, water, drainage, trafﬁc mitigation, park, street tree, transportation improvement, ﬁre and/ or police department impact, etc.? ............................................................................. Yes No 2) If YES, will there be any special building requirements imposed upon a purchaser due to any existing hazards or unusual uses on or near the property or due to any natural hazard area? .................................................................................................... Yes No A. Are you submitting a recorded subdivision map or waiver at this time? ......................... If NO, submit a tentative subdivision map and submit evidence of tentative map approval. A recorded map or waiver must be submitted before a ﬁnal public report can be issued. B. Is there additional information pertinent to this subdivision ﬁled or recorded in the city or county which is not fully set forth on the recorded map, i.e., a “separate document” or “additional map sheet” pursuant to Government Code §66434.2? ................................... If YES, submit a complete set of copies of any and all such “separate documents” or “additional map sheet”. NA If YES, describe. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ D. If this is a vacant lot offering, will purchasers be required as a condition of purchase to enter into an agreement with the subdivider to build his/her residential dwelling? ......... Yes No NA If YES, submit a copy of the agreement together with a detailed explanation of the program. 28–29. NOT APPLICABLE TO RE 628. 30. VICINITY MAP A. Submit a large scale, legible vicinity map showing the location of the subdivision and identifying “landmarks” to help locate the subdivision. 31–38. NOT APPLICABLE TO RE 628. RE 628 Part III Q 26B–38 Page 23 of 25 American LegalNet, Inc. www.FormsWorkflow.com *39. ESCROW INSTRUCTIONS A. Submit a copy of escrow instructions, completed in sample form, to show the substance of a typical transaction. If a conditional public report is to be issued, include information from item 1(a) and 1(b) below or an additional copy of escrow instructions must be submitted containing additional provisions referred to in item 1(a) and 1(b). In addition to any other applicable provisions, escrow instructions