STATE OF CALIFORNIA DEPARTMENT OF REAL ESTATE SUBDIVISIONS WORKSHEET – COMMON INTEREST DUE DATE RE 622A (Rev. 9/10) REPORT TYPE CONDITIONAL RENEWAL CONDOMINIUM PLANNED DEVELOPMENT LIMITED TERM FINAL APPLICANT’S NAME(S) AMENDED COMMUNITY APARTMENT FILE NUMBER ISSUED AMENDMENT/RENEWAL DATE EXPIRES TRACT NUMBER COUNTY TRACT NAME DEPUTY INITIALS DEPUTY EMPLOYEE # MANAGER’S INITIALS American LegalNet, Inc. www.FormsWorkFlow.com Use the following if applicable. THIS REPORT COVERS ONLY DOES NOT INCLUDE LOT(S) UNIT(S). __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ SPECIAL INTEREST AREAS IN THIS CONDITIONAL FINAL SUBDIVISION PUBLIC REPORT: YOUR ATTENTION IS ESPECIALLY DIRECTED TO THE PARAGRAPH(S) BELOW CONDITIONAL SUBDIVISION PUBLIC REPORT EASEMENTS FINANCING, ENTITLED: MANAGEMENT AND OPERATION, SOILS AND GEOLOGIC CONDITIONS UTILITIES AND USES/ZONING/HAZARD DISCLOSURES, OTHER SERVICES NOTE: IN ADDITION TO THESE AREAS, IT IS IMPORTANT TO READ AND THOROUGHLY CONDITIONAL FINAL UNDERSTAND THE REMAINING SECTIONS SET FORTH IN THIS SUBDIVISION PUBLIC REPORT PRIOR TO ENTERING INTO A CONTRACT TO PURCHASE. Use only when issuing a Conditional Public Report for this file. CONDITIONAL SUBDIVISION PUBLIC REPORT THIS IS NOT A FINAL SUBDIVISION PUBLIC REPORT (“FINAL PUBLIC REPORT”), THIS IS WHAT IS KNOWN AS A CONDITIONAL SUBDIVISION PUBLIC REPORT (“CONDITIONAL PUBLIC REPORT”). IT IS “CONDITIONAL PUBLIC REPORT” SINCE THE SUBDIVIDER HAS NOT YET SATISFIED ALL OF THE CONDITIONS NECESSARY FOR THE ISSUANCE OF A “FINAL PUBLIC” REPORT. UNTIL ISSUANCE OF THE “FINAL PUBLIC REPORT” NO ESCROW SHALL CLOSE, NO FUNDS SHALL BE RELEASED FROM ESCROW TO THE SUBDIVIDER, AND NO TITLE SHALL BE CONVEYED FOR ANY PORTION OF THE SUBDIVISION COVERED BY THIS “CONDITIONAL PUBLIC REPORT”. HOWEVER, THE SUBDIVIDER A MAY ENTER INTO A BINDING AGREEMENT WITH YOU FOR THE PURCHASE OR LEASE OF A LOT IN THIS SUBDIVISION IF: CONDOMINIUM UNIT (A) THE SUBDIVIDER FIRST PROVIDES YOU WITH A COPY OF THIS CONDITIONAL PUBLIC REPORT AND A WRITTEN STATEMENT CONTAINING CERTAIN DISCLOSURES REQUIRED BY BUSINESS & PROFESSIONS CODE SECTION 11018.12(f); (B) PROVISION IS MADE IN THE PURCHASE AGREEMENT/CONTRACT AND ESCROW INSTRUCTIONS FOR THE RETURN OF THE ENTIRE SUM OF MONEY PAID OR ADVANCED (“PURCHASE MONEY”) BY YOU IF A FINAL PUBLIC REPORT HAS NOT BEEN ISSUED DURING AS MAY BE EXTENDED. THE TERM OF THIS “CONDITIONAL PUBLIC REPORT” (C) PROVISION IS MADE IN THE PURCHASE AGREEMENT/CONTRACT AND ESCROW INSTRUCTIONS FOR THE RETURN TO YOU OF THE ENTIRE SUM OF MONEY PAID OR ADVANCED BY YOU IF YOU ARE DISSATISFIED WITH THE “FINAL PUBLIC REPORT” BECAUSE OF A MATERIAL CHANGE IN THE SETUP OF THE OFFERING. (REFER TO BUSINESS & PROFESSIONS CODE SECTION 11012.) (D) AS A CONDITION OF THE PURCHASE, DELIVERY OF LEGAL TITLE OR OTHER INTEREST CONTRACTED FOR WILL NOT TAKE PLACE UNTIL ISSUANCE OF A FINAL PUBLIC REPORT. American LegalNet, Inc. www.FormsWorkFlow.com BEFORE ENTERING INTO A CONTRACT UNDER THE AUTHORITY OF THIS “CONDITIONAL PUBLIC REPORT”, YOU SHOULD REVIEW THE PURCHASE AGREEMENT/CONTRACT CAREFULLY TO MAKE SURE THAT YOU WILL BE ABLE TO HONOR YOUR OBLIGATIONS WHEN IT IS TIME TO CLOSE ESCROW. FOR EXAMPLE, IF YOU DO NOT HAVE FUNDS TO COMPLETE THE PURCHASE MONEY LOAN, YOU MAY BE OBLIGATED UNDER THE PURCHASE AGREEMENT/CONTRACT TO KEEP AN ADEQUATE LOAN COMMITMENT IN EFFECT UNTIL THE “FINAL PUBLIC REPORT” IS ISSUED AND IT IS TIME TO COMPLETE THE PURCHASE. YOU SHOULD CAREFULLY CONSIDER WHETHER THERE WILL BE CHANGES IN YOUR INCOME, ASSETS OR LIABILITIES THAT COULD MAKE YOUR LENDER UNABLE TO FUND THE LOAN. YOU SHOULD ALSO CONSIDER YOUR PERSONAL SITUATION BEFORE ENTERING INTO A CONTRACT AS YOUR DESIRE AND ABILITY TO COMPLETE THE PURCHASE MAY CHANGE. THE DEPARTMENT OF REAL ESTATE HAS REVIEWED THE PURCHASE AGREEMENT/CONTRACT FORM BUT HAS NOT REVIEWED ANY ARRANGEMENTS YOU MAY ENTER INTO WITH YOUR PURCHASE MONEY LENDER. YOU SHOULD CAREFULLY REVIEW YOUR ARRANGEMENTS WITH THE LENDER. Always included YOU SHOULD READ AND THOROUGHLY UNDERSTAND ALL SALES CONTRACT AND LOAN DOCUMENTS. IF YOU DO NOT UNDERSTAND THE TERMS OF YOUR CONTRACT OR LOAN DOCUMENTS, YOU MAY WISH TO CONSIDER CONSULTING WITH YOUR OWN ATTORNEY BEFORE ENTERING INTO A CONTRACT TO PURCHASE THE PROPERTY. Use the following for initial issuance of a conditional SIX THIRTY MONTHS. THE INITIAL TERM OF THIS “CONDITIONAL PUBLIC REPORT” IS WHEN THE “CONDITIONAL PUBLIC REPORT” EXPIRES, YOU MAY WISH TO CONSIDER CONTACTING THE SUBDIVIDER TO DISCUSS THE STATUS OF YOUR CONTRACT, SINCE A “CONDITIONAL PUBLIC REPORT” MAY BE RENEWED FOR ONE ADDITIONAL SIX MONTH TERM. Use the following if renewing the conditional THE INITIAL TERM OF THIS “CONDITIONAL PUBLIC REPORT” WAS SIX THIRTY MONTHS AND HAS BEEN RENEWED FOR ONE ADDITIONAL SIX MONTH TERM. WHEN THIS “CONDITIONAL PUBLIC REPORT” EXPIRES, YOU MAY WISH TO CONSIDER CONTACTING SUBDIVIDER TO DISCUSS THE STATUS OF YOUR CONTRACT. THIS “CONDITIONAL PUBLIC REPORT” ALLOWS THE SUBDIVIDER TO ENTER INTO A BINDING CONTRACT WITH YOU, SUBJECT TO YOUR RECEIPT, EXAMINATION, AND ACCEPTANCE OF A “FINAL PUBLIC REPORT” WITHIN THE TIME PERIOD INDICATED IN YOUR PURCHASE AGREEMENT/CONTRACT. THE FOLLOWING CONDITIONS MUST BE SATISFIED BY THE SUBDIVIDER BEFORE A “FINAL PUBLIC REPORT” CAN BE ISSUED: (complete list of conditions) __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ American LegalNet, Inc. www.FormsWorkFlow.com Use the following if a conditional public report has been issued for this file. CONDITIONAL SUBDIVISION PUBLIC REPORT IF YOU ENTERED INTO A PURCHASE AGREEMENT/CONTRACT TO PURCHASE OR LEASE AN INTEREST IN THE SUBDIVISION UNDER AUTHORITY OF A CONDITIONAL SUBDIVISION PUBLIC REPORT (“CONDITIONAL PUBLIC REPORT”), THE PURCHASE AGREEMENT/CONTRACT AND THE ESCROW INSTRUCTIONS CONTAINED ARRANGEMENTS FOR THE RETURN TO YOU OF MONIES PAID OR ADVANCED IF YOU ARE DISSATISFIED WITH THIS FINAL SUBDIVISION PUBLIC REPORT (“FINAL PUBLIC REPORT”) BECAUSE OF A MATERIAL CHANGE IN THE SETUP OF THE OFFERING COVERED BY BUSINESS & PROFESSIONS CODE SECTION 11012. YOU ARE ADVISED TO CAREFULLY READ THIS FINAL PUBLIC REPORT SINCE IT CONTAINS INFORMATION THAT IS MORE CURRENT AND POSSIBLY DIFFERENT FROM THAT INCLUDED IN THE CONDITIONAL PUBLIC REPORT. Use the following if a Preliminary Public Report has been issued for this Subdivision. PRELIMINARY SUBDIVISION PUBLIC REPORT IF YOU HAVE RECEIVED A PRELIMINARY SUBDIVISION PUBLIC REPORT FOR THIS SUBDIVISION, YOU ARE ADVISED TO CAREFULLY READ THIS FINAL PUBLIC REPORT SINCE IT CONTAINS INFORMATION THAT IS MORE CURRENT AND PROBABLY DIFFERENT FROM THAT INCLUDED IN THE PRELIMINARY PUBLIC REPORT. THE USE OF THE TERM “PUBLIC REPORT” SHALL MEAN AND REFER TO THIS FINAL PUBLIC REPORT CONDITIONAL OVERVIEW OF SUBDIVISION Location: City only. This subdivision is located at __________________________________________________________________ and _____________________________________________________________________________ within the city limits of ______________________________________________________. Prospective purchasers should acquaint themselves with the kinds of city services available. County only. This subdivision is located in___________________________________________________________ County at _____________________________________________________________________________________ and ____________________________________________________________________________________ approximately ___________ miles from _____________________________________________________ Type of Subdivision: This subdivision is a common interest development of the type referred to as a incorporated owners association community apartment. It will be operated by an association. condominium unincorporated owners American LegalNet, Inc. www.FormsWorkFlow.com This subdivision is a common-interest development of the type referred to as a planned development. It includes common areas and common amenities and common facilities which will be maintained by an unincorporated owners association. incorporated owners association Always included. Interests to Be Conveyed: You will receive fee title to a specified an exclusive right to occupy a specified unit tenant in common in the common area a lease to a specified an undivided fractional fee interest lot unit, leasehold interest as together with a membership in the _________________________________ _____________________________________________ Association (“Association”) and rights to use the common area. About This Phase: Use in Planned Developments. This is a single phase subdivision which consists of approximately ___________ acres divided into __________ lots parcels including in addition to the common area which consists of _________ Lot(s)___________________________________________________________________________________ This Public Report is for the _______________ (first, second, etc.) phase which consists of approximately ___________ acres divided into _____________ in addition to lots parcels and includes Lots ______, including the common area which consists of Lot(s)________________________________________________________. Common amenities and/or facilities consisting of _____________________________________________ _____________________________________________ on the common area in this Phase. will be constructed have been constructed The estimated completion date is __________________________. This phase is part of a total subdivision which, if developed as proposed, will consist of a total of ____________________ phases containing ____________ lots within the overall projected subdivision. The estimated completion date is __________________________. Do not include unless completed or financially assured. Additional common amenities and/or facilities consisting of _____________________________________ phase will be constructed ____________________________________________ in the __________ have been constructed. Use in Condominiums and Community Apartments. This is a single phase subdivision which consists of approximately _____ acres on which ________ building(s) containing _________ units and will be constructed _____ garages has been constructed ________ carports _______ open parking spaces have been constructed. This is the ________________ (first, second, etc.) phase which consists of approximately _________ acres on which ______________ building(s) containing ________________ units and _____________ garages American LegalNet, Inc. www.FormsWorkFlow.com __________ carports constructed __________ open parking spaces will be constructed has been have been constructed. Common amenities and/or facilities consisting of __________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ also will be constructed have been constructed on (identify common area) ___________________ __________________________________________________________________________________________ The estimated completion date is __________________________. This phase is part of a total subdivision which, if developed as proposed, will consist of a total of phases and __________ units within the overall projected subdivision.. _______________ Use on all phased communities. There is no assurance that the total subdivision will be completed as proposed. Do not include unless completed or financially assured. Additional common amenities and/or facilities consisting of _________________________________________ phase will be constructed have __________________________________ in the _____________ The estimated completion date is been constructed within the overall projected subdivision. __________________. Use the following when issuing on a community consisting of both residential and commercial unit. If the HOA is not a corporation, check “income tax” at the end of the paragraph not “bank and corporation tax.” THIS CONDOMINIUM DEVELOPMENT PLANNED DEVELOPMENT IS A COMBINATION RESIDENTIAL AND COMMERCIAL SUBDIVISION. THE NON-RESIDENTIAL PORTION OF THE COMMUNITY COMPRISES 15 PERCENT OR MORE OF THE TOTAL SQUARE FOOTAGE OF ALL THE UNITS. UNDER INTERNAL REVENUE REGULATION SECTION 1.528-4(B), THE HOMEOWNERS’ ASSOCIATION DOES NOT QUALIFY AS A TAX-EXEMPT ORGANIZATION, AND THE CALIFORNIA FRANCHISE TAX BOARD HAS TAKEN THE SAME POSITION. THEREFORE, THE TAXABLE INCOME STATE OF THE ASSOCIATION WILL BE SUBJECT TO FEDERAL INCOME TAXATION AND STATE INCOME TAX. BANK AND CORPORATION TAX Use in all phased communities. FUTURE DEVELOPMENT OF THE SUBDIVISION CANNOT BE PREDICTED WITH ACCURACY. THE SUBDIVIDER HAS THE RIGHT TO BUILD MORE OR FEWER THAN THE NUMBER OF HOMES CURRENTLY PLANNED, CHANGE PRODUCT LINES, ENLARGE OR DECREASE THE SIZE OF HOMES, ADDING LARGER, SMALLER OR DIFFERENTLY DESIGNED MODELS OR CHANGING (PARTIALLY OR IN TOTAL) DESIGNS AND/OR MATERIALS, AT ANY POINT DURING DEVELOPMENT. American LegalNet, Inc. www.FormsWorkFlow.com DUE TO THE INABILITY TO PREDICT FUTURE MARKET CONDITIONS WITH ACCURACY, THERE ARE NO ASSURANCES THAT THE SUBDIVISION WILL BE BUILT AS CURRENTLY PLANNED, OR PURSUANT TO ANY PARTICULAR BUILD-OUT SCHEDULE. TOPOGRAPHICAL MAPS IN THE SALES OFFICE, LOT PLOTTING MAPS, MAPS OFFERED BY SUBDIVIDER AND OTHER FORMS SHOWING “COMPLETE” SUBDIVISION PROJECTIONS DO NOT NECESSARILY COMMIT THE SUBDIVIDER TO COMPLETE THE SUBDIVISION OR, IF COMPLETED, TO COMPLETE THE SUBDIVISION AS SHOWN. THE SUBDIVIDER MAY SELL AT ANY TIME, ALL OR ANY PORTION OF THE LOTS OR CONDOMINIUM UNITS WITHIN THE SUBDIVISION TO ANY THIRD PARTY, INCLUDING OTHER DEVELOPERS OR BUILDERS. Use as applicable Conversion: This subdivision is a conversion of an existing was completed in ______________ (year). apartment hotel to condominium use. The structure The Subdivider will provide you with a written statement listing all substantial defects or malfunctions in the a written statement disclaiming knowledge of any substantial major systems in your unit and common areas Such statement disclaimer is required by Civil Code Section 1134. defects or malfunctions. The Subdivider has not furnished inspection reports from licensed contractors or engineers concerning the current condition of major building components. Consequently, cost estimates for possible future repairs are not available. This means the estimates of remaining useful life in such building components may not be accurate and the Association’s budget may not be sufficient to pay for unexpected repairs. It may be necessary to levy special assessments against the unit owners to pay for such repairs. Use as applicable. Sale of All Residences: The Subdivider has indicated that he intends to sell all of the units in this subdivision; subject to the following resale however, any owner, including the Subdivider, has a legal right to rent or lease the units restrictions:___________________________________________________________ _____________________________________________________________________________________________ The Subdivider indicates in addition to the sales program the Subdivider will lease approximately _______________ units in the subdivision. Leases will be for a term of _____________________________________________ or more. Always included. Subdivider and Purchaser Obligations: IF YOU PURCHASE FIVE OR MORE SUBDIVISION INTERESTS LOTS CONDOMINIUM UNITS MEMBERSHIPS FROM THE SUBDIVIDER, THE SUBDIVIDER IS REQUIRED TO NOTIFY THE REAL ESTATE COMMISSIONER OF THE SALE. IF YOU INTEND TO SELL YOUR INTERESTS OR LEASE THEM FOR TERMS LONGER THAN ONE YEAR, YOU ARE REQUIRED TO OBTAIN AN AMENDED FINAL PUBLIC REPORT BEFORE YOU CAN OFFER THE INTERESTS FOR SALE OR LEASE. LOT CONDOMINIUM UNIT TO SOMEONE ELSE, YOU MUST GIVE NOTE: WHEN YOU SELL YOUR THAT PERSON A COPY OF THE DECLARATION OF RESTRICTIONS, ARTICLES OF INCORPORATION, ASSOCIATION, THE BYLAWS AND A TRUE STATEMENT CONCERNING ANY DELINQUENT ASSESSMENTS, PENALTIES, ATTORNEYS FEES OR OTHER CHARGES, PROVIDED BY THE RESTRICTIONS LOT CONDOMINIUM UNIT OF THE DATE THE OR OTHER MANAGEMENT DOCUMENTS ON THE STATEMENT WAS ISSUED. American LegalNet, Inc. www.FormsWorkFlow.com WARNING: IF YOU FORGET TO DO THIS, IT MAY COST YOU A PENALTY OF $500.00 – PLUS ATTORNEY’S FEES AND DAMAGES (CIVIL CODE SECTION 1368) Completion Of Common Area: Use as applicable. The Subdivider has posted a bond will post a bond has made financial arrangements will make in the amount of $ _____________ to financial arrangements acceptable to the Department of Real Estate located outside the residential buildings described in the assure completion of common area improvements bond security instrument. The estimated completion Planned Construction Statement attached to the date for these improvements is _____________________________. Use with no bond or alternative security for completion of common area. The Subdivider estimates all common area improvements, amenities, and facilities including residential in the total subdivision in this phase will be completed by approximately structures ___________________________ (date). No escrows will close until all common area improvements, amenities, and facilities, renovations and residential units in a designated cluster all residential structures residential lots of in this phase have been completed and a Notice of Completion has been filed and all claim of liens have expired. If the period for all claim of liens has not expired a title policy (paid by the subdivider) shall be issued to each purchaser and or to the Association containing an endorsement against all claims of liens. (Section 11018.5 of the Business and Professions Code ) Use for RE 621. The Subdivider estimates all common facilities including residential structures excluding residential in the total subdivision structures in this phase will be completed by approximately __________________ (date). No escrows will close in this phase until completion of all common area improvements, amenities, and facilities or, as an alternative, the Subdivider has submitted a bond or other security acceptable to the Department of Real Estate under the provisions of Section 11018.5 of the Business and Professions Code to assure lien free all common areas common amenities common facilities and residential completion of this phase of this condominium subdivision a designated cluster this units in subdivision. Use only if a single lot phased condominium per §11018.5(a)(2)(D) This is a phased subdivision on one lot. Use the following in condominium subdivisions filed under the provisions of §11018.5(a)(2)(D) B&P Code. The Subdivider of this subdivision has not furnished any financial guarantees that any residential units other than this building (describe) __________ those in American LegalNet, Inc. www.FormsWorkFlow.com ___________________________________________________________________________________________ building number ________________________________ will be completed. ______________________ If the Subdivider does not complete the remaining residential units in exact accordance with the recorded condominium plan, the interest you purchase in this subdivision may not be qualified for refinancing which would make the unit you purchase unmarketable. Prior to entering into a purchase agreement/contract, you should consult an attorney for advice. The Subdivider advises that each purchaser and the Association will receive a special title endorsement insuring him/her against future mechanic liens which may be incurred in the construction of units in the additional phases of this one lot subdivision. The title endorsement provides that the total liability of the title company is limited to the face amount of the title policy only. The insurance will contain the following endorsement: “The Company hereby insures the insured against loss or damage which the insured shall sustain by reason of: any statutory lien for labor or materials attaching to the Land, arising out of any work of improvement under construction or completed at the date of policy as to the condominium building in which the insured’s separate unit is located, and/or by reason of any statutory lien for labor or materials attaching to the Land arising out of any work or improvement within Lot No._______ of Tract _______ whether such improvements have been completed, are under construction or are to be constructed after the Policy Date.” Should the owner of a unit in this subdivision sell his/her unit to another purchaser prior to the completion of the final phases, he/she should inform the new purchaser that a special future mechanic lien endorsement should be obtained from their title insurance company. Always included. NOTWITHSTANDING ANY PROVISION IN THE PURCHASE CONTRACT TO THE CONTRARY, A PROSPECTIVE BUYER HAS THE RIGHT TO NEGOTIATE WITH THE SELLER TO ALLOW AN INSPECTION OF THE PROPERTY BY THE PURCHASER OR THE PURCHASER'S DESIGNEE UNDER TERMS MUTUALLY AGREEABLE TO THE PROSPECTIVE BUYER AND SELLER. MANAGEMENT AND OPERATION: Always included. Association Obligations and Governing Documents. The Association, of which you become a member at time of purchase, is governed by and manages, maintains, and operates the subdivision in accordance with the Covenants, Incorporation, Association (“Articles”) , and the Conditions and Restrictions (the “CC&Rs”), the Articles of Bylaws. In addition, the Association has the right to adopt rules and regulations and guidelines for the subdivision and which will include subdivision design/architectural guidelines which will set forth the guidelines and procedures for design/architectural review within the subdivision. There may also be supplementary declarations or notices of annexation (“Supplementary Declarations”) which will be recorded against portions of the subdivision which may set forth additional restrictions and easements covering the areas covered by the Supplementary Declaration(s) (the CC&Rs, Bylaws, Articles, Supplementary Declaration (s) and rules and regulations and design/architectural guidelines may hereinafter be referred to as the “Governing Documents”). You should review each of these documents carefully. NOTE: For Class C voting, please provide appropriate language pursuant to the Governing Documents. ______________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ American LegalNet, Inc. www.FormsWorkFlow.com Use if HOA not yet formed. Initial Meeting: THE ASSOCIATION WILL BE FORMED PURSUANT TO THE TERMS AND PROVISIONS OF GOVERNING DOCUMENTS. SINCE THE COMMON AREA IMPROVEMENTS, AMENITIES, AND FACILITIES WILL BE MAINTAINED BY THE ASSOCIATION, IT IS ESSENTIAL THAT THIS ASSOCIATION BE FORMED EARLY AND PROPERLY. THE ASSOCIATION MUST HOLD THE FIRST (if the public MEMBERSHIP MEETING AND ELECTION OF THE ASSOCIATION’S GOVERNING BODY report authorizes the sale of less than 50 subdivision interests) WITHIN SIX MONTHS AFTER THE CLOSING OF THE SALE OF THE FIRST SUBDIVISION INTEREST UNDER THE FIRST FINAL PUBLIC REPORT FOR THE (if the Public Report authorizes the sale of 50 or more subdivision interests) WITHIN 45 DAYS SUBDIVISION AFTER 51% SELL OUT OF THE INTERESTS AUTHORIZED FOR SALE UNDER THE FIRST FINAL PUBLIC REPORT FOR THE SUBDIVISION. HOWEVER, IN NO EVENT SHALL THE MEETING BE HELD LATER THAN SIX MONTHS AFTER THE CLOSING OF THE SALE OF THE FIRST SUBDIVISION INTEREST. (REGULATIONS 2792.17 AND 2792.19) THE ASSOCIATION MUST ALSO PREPARE AND DISTRIBUTE TO ALL HOMEOWNERS A BALANCE SHEET AND INCOME STATEMENT. THEREAFTER THE ASSOCIATION MUST HOLD ELECTIONS OF THE ASSOCIATION’S GOVERNING BODY IN ACCORDANCE WITH THE GOVERNING DOCUMENTS. THE ASSOCIATION MUST THEN ALSO PREPARE AND DISTRIBUTE TO ALL HOMEOWNERS A BALANCE SHEET AND INCOME STATEMENT AND A SUMMARY OF THE ASSOCIATION’S RESERVES BASED UPON THE MOST RECENT REVIEW OR STUDY CONDUCTED PURSUANT TO SECTION 1365.5 OF THE CIVIL CODE. Use if the HOA has been formed. Existing Association: SINCE THE COMMON AREA IMPROVEMENTS, AMENITIES, AND FACILITIES ARE MAINTAINED BY THE ASSOCIATION, THE ASSOCIATION MUST HOLD ELECTIONS OF THE ASSOCIATION’S GOVERNING BODY IN ACCORDANCE WITH ITS GOVERNING DOCUMENTS. THE ASSOCIATION MUST ALSO PREPARE AND DISTRIBUTE TO ALL HOMEOWNERS A BALANCE SHEET AND INCOME STATEMENT AND A SUMMARY OF THE ASSOCIATION'S RESERVES BASED UPON THE MOST RECENT REVIEW OR STUDY CONDUCTED PURSUANT TO SECTION 1365.5 OF THE CIVIL CODE. Always included. The CC&Rs: This subdivision is subject to the CC&Rs will be subject to the CC&Rs to be recorded in the Office of the _______________________________ County Recorder, Book __________ Page(s) __________ through __________ on _____________________________ (date) as amended on __________________________________, Instrument Number ____________________, Book __________ Page(s) __________ which include among other provisions, the following: __________________________________________________________________________________________ __________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ FOR INFORMATION AS TO YOUR OBLIGATIONS AND RIGHTS, YOU SHOULD READ THE RESTRICTIONS. THE SUBDIVIDER MUST MAKE THEM AVAILABLE TO YOU. Use the following note when we are required to place special provisions in the CC&Rs to allow the Subdivider to take advantage of such financing. American LegalNet, Inc. www.FormsWorkFlow.com TO SECURE FINANCING FOR THIS SUBDIVISION ACCEPTABLE FOR ACQUISITION BY (FEDERAL HOME LOAN MORTGAGE (FEDERAL NATIONAL MORTGAGE ASSOCIATION) CORPORATION), IT HAS BEEN NECESSARY FOR THE SUBDIVIDER TO INCORPORATE INTO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND OTHER MANAGEMENT INSTRUMENTS, PROVISIONS WHICH GIVE THE MORTGAGE LENDER A VOICE IN THE AFFAIRS OF THE HOMEOWNER’S ASSOCIATION AND IN THE MANAGEMENT AND OPERATION OF THE SUBDIVISION WHICH A LENDER DOES NOT ORDINARILY HAVE. Always included. Documents to be Furnished: THE SUBDIVIDER STATED HE WILL FURNISH WILL NOT FURNISH THE CURRENT BOARD OF OFFICERS OF THE ASSOCIATION AND EACH INDIVIDUAL PURCHASER WITH THE DEPARTMENT OF REAL ESTATE REVIEWED ASSOCIATION BUDGET. WILL FURNISH THE SUBDIVIDER STATED HE PURCHASER WITH THE CONDOMINIUM PLAN. WILL NOT FURNISH EACH INDIVIDUAL THE SUBDIVIDER MUST MAINTAIN AND DELIVER TO THE ASSOCIATION THE SPECIFIC RECORDS AND MATERIALS LISTED IN REAL ESTATE COMMISSIONER’S REGULATION 2792.23 WITHIN THE STATED TIME PERIOD. THESE RECORDS AND MATERIALS DIRECTLY AFFECT THE ABILITY OF THE ASSOCIATION TO PERFORM ITS DUTIES AND RESPONSIBILITIES. (SECTION 11018.5 OF THE BUSINESS AND PROFESSIONS CODE AND SECTION 1363 OF THE CIVIL CODE.) ARTICLES, THE BYLAWS, AND THE CC&RS THE SUBDIVIDER SHALL MAKE A COPY OF THE AVAILABLE FOR EXAMINATION BY A PROSPECTIVE BUYER BEFORE EXECUTION OF AN OFFER LOT CONDOMINIUM. A COPY OF EACH MUST ALSO BE GIVEN TO EACH TO PURCHASE A BUYER AS SOON AS PRACTICABLE BEFORE CLOSE OF ESCROW.. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS, PRIVILEGES, USE, OBLIGATIONS, AND COSTS OF MAINTENANCE AND OPERATION. YOU SHOULD READ AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO LOT CONDOMINIUM UNIT. (BUSINESS AND PROFESSIONS CODE SECTION PURCHASE A 11018.6). MAINTENANCE AND OPERATIONAL EXPENSES Use in all Public Reports. Association to Levy Assessments. THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS, AMENITIES AND FACILITIES, AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS LIMITED TO THE RIGHT OF YOUR ELECTED REPRESENTATIVES TO VOTE ON CERTAIN PROVISIONS AT ASSOCIATION MEETINGS. Use for Final Public Reports with no interim budget. Proposed Budget. The Subdivider has submitted a budget for the management, maintenance and operation of the Association obligations and for long-term reserves. This budget was reviewed by the Department of Real Estate in _________________ _________ (month-year). You should obtain a copy of this budget from the prorated average monthly assessment against each lot Subdivider. Under this budget, the condominium unit will be $_______________ ranges from $_______________ to $_______________ of which $___________to $_____________ is a monthly contribution to long-term reserves and is not to pay for current management, maintenance and operating expenses. American LegalNet, Inc. www.FormsWorkFlow.com Use for Final Public Reports with an interim budget. Proposed Budgets. The Subdivider has submitted budgets for the maintenance and operation of the Association and obligations and for long-term reserves when the community is substantially completed (built-out budget) an interim budget applicable to this phase. These budgets were reviewed by the Department of Real Estate in ______________ (month-year). You should obtain copies of these budgets from the Subdivider. prorated average monthly assessment against each lot Under the built-out budget, the condominium unit will be $_______________ ranges from $_______________ to $_______________. The Association may or may not elect to use this budget when additional phases are annexed. Under the interim budget, the prorated average monthly assessment per interest phase budget ranges from $_______________ to $_______________. Of these amounts, the will be $_______________ monthly contributions toward long-term reserves are not to be used to pay for current management, maintenance and operating expenses are $_________and $_______, respectively.. YOU SHOULD BE AWARE THAT IF, AND WHEN ADDITIONAL PHASE(S) ARE ANNEXED INTO THE LOT CONDOMINIUM UNIT SUBDIVISION, THE MONTHLY ASSESSMENTS AGAINST YOUR MAY INCREASE OF DECREASE DEPENDING UPON, AMONG OTHER THINGS, THE NUMBER OF CONDOMINIUM UNITS BEING ANNEXED IN SUCH SUBSEQUENT PHASE(S) AND LOTS WHETHER ANY ADDITIONAL COMMON AREA AND/OR COMMON FACILITIES ARE ALSO BEING ANNEXED AS PART OF ANY SUCH PHASE(S). According to the Subdivider, assessments under the interim budget should be sufficient for proper management, maintenance and operation of Association obligations until the subdivision is completed at which time it may be anticipated that assessments will be adjusted. Included unless using range of assessments. IF THE BUDGET FURNISHED TO YOU BY THE SUBDIVIDER SHOWS A MONTHLY ASSESSMENT FIGURE WHICH IS AT LEAST 20% MORE OR AT LEAST 10% LESS THAN THE ASSESSMENT IN THE FINAL IN THIS PUBLIC REPORT, YOU SHOULD CONTACT THE AMOUNT SHOWN DEPARTMENT OF REAL ESTATE BEFORE ENTERING INTO AN CONTRACT TO PURCHASE. Use for Final Public Reports with range of assessments. Proposed Budgets. The Subdivider has submitted budgets for the management, maintenance and operation of the Association obligations and for long-term reserves when the subdivision is substantially completed (built-out budget) and interim budgets applicable to these phases. These budgets were reviewed by the Department of Real Estate in __________________________________. You should obtain copies of these budgets from the Subdivider. Due to uncertainty in the sequence in which the phases in this subdivision will close escrows in individual housing types located in the overall subdivision, it is difficult to predict at this time the amount of the monthly lot condominium unit in the subdivision. assessment which will be assessed against each As the overall subdivision is developed and additional phases of the subdivision become subject to assessment, the level of monthly assessments in existing phases of the subdivision may increase or decrease, subject to the limitations in the CC&Rs or Bylaws. Under the interim budget on file with the Department of Real Estate, the range of monthly assessments during the development period will be between ________________ and _______________. Of these amounts, the monthly contributions toward long-term reserves which are not to be used to pay for current management, maintenance and operating expenses will be between $_______and $_____. According to the Subdivider, assessments under the interim budget should be sufficient for management, maintenance and operation of the Association’s obligations until the subdivision is substantially completed at which time it may be anticipated that assessments will be adjusted. Prior to the close of escrow for the sale of American LegalNet, Inc. www.FormsWorkFlow.com your lot condominium unit, the Subdivider will provide you with a copy of the budget for your phase, reflecting the amount of the initial assessment you will actually pay to the Association. Included for Public Reports with range of assessments. IF THE BUDGET FURNISHED TO YOU BY THE SUBDIVIDER SHOWS A MONTHLY ASSESSMENT FIGURE WHICH IS OUTSIDE OF THE RANGE OF ASSESSMENTS REFLECTED IN THE PUBLIC REPORT, YOU SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE ENTERING INTO A CONTRACT TO PURCHASE. Use first sentence only if budget has been reviewed. NOTE: THE BUDGET INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF EXPENSES OF OPERATION ARE THE DATE OF BUDGET REVIEW AS SHOWN ABOVE. DIFFICULT TO PREDICT AND EVEN IF ACCURATELY ESTIMATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACILITIES AND WITH INCREASES IN THE COST OF LIVING. Always included. Budget Information Provided by Subdivider. DELINQUENCIES IN THE PAYMENT OF ASSOCIATION ASSESSMENTS AFFECT THE ABILITY OF THE ASSOCIATION TO PERFORM ANY OR ALL OF ITS RESPONSIBILITIES AND COULD ALSO RESULT IN UNFORESEEN SPECIAL ASSESSMENTS LEVIED AGAINST ALL HOMES OR A SIGNIFICANT REDUCTION IN BUDGETED ASSOCIATION SERVICES. THE SUBDIVIDER MUST IMMEDIATELY NOTIFY THE DEPARTMENT OF REAL ESTATE IN WRITING, IF DELINQUENT ASSESSMENTS HAVE CAUSED THE ASSOCIATION TO RECEIVE TEN PERCENT (10%) LESS INCOME THAN REFLECTED IN THE THEN CURRENT ASSOCIATION BUDGET (REGULATION 2800K). THE SUBDIVIDER MUST MAKE AVAILABLE TO YOU A STATEMENT CONCERNING ANY DELINQUENT ASSESSMENTS AND RELATED CHARGES AS PROVIDED BY THE GOVERNING DOCUMENTS AND, IF AVAILABLE, CURRENT FINANCIAL INFORMATION AND RELATED STATEMENTS (BUSINESS AND PROFESSIONS CODE SECTION 11018.6). In addition to other documentation provided to each prospective Buyer, a copy of the current financial information, and related statements, to the extent available, as specified by Section (a) of Civil Code Section 1365 must be made available Lot Condominium. A copy for examination by a prospective Buyer before the execution of an offer to purchase a of this financial information must also be given to each Buyer as soon as practicable before close of escrow. YOU SHOULD PAY SPECIAL ATTENTION TO THIS FINANCIAL INFORMATION, AS IT PERTAINS TO CURRENT AND POSSIBLE FUTURE FINANCIAL OBLIGATIONS AFFECTING ALL HOMEOWNERS WITHIN THE SUBDIVISION ASSOCIATION. If you do not understand the contents of these financial documents, you may wish to consult with your own professional advisors. Should the amounts collected by the Association prove insufficient to properly maintain, operate, repair or replace the common facilities, the Association may increase Regular Assessments or levy one or more Special Assessments in accordance with the Governing Documents in order to provide such funding, which may affect your ability to purchase, or, as an alternative, the Association may decide to defer maintenance or eliminate services. Use if Regulation 2792.16© is included in the CC&Rs Exemptions from Association Regular Assessments: The Covenants, Conditions and Restrictions provide that the subdivider or other owner of a subdivision interest will be allowed to defer from payment, that portion of any assessment which is directly attributable to any structural improvement and/or common facility that is not complete at the time assessments commence. The American LegalNet, Inc. www.FormsWorkFlow.com amount of the deferment may be a fixed amount, or may vary based upon dates of completion or use. Once the established criterion is met and the authority allowing the deferment is eliminated, all owners must pay the full amount of the monthly assessment as outlined herein. The limitations of this allowance are specifically set forth in the Restrictions. (Regulation 2792.16c). Use as applicable. Utility Rates: The utility rates used for the calculations within the above referenced budgets are based on information available at the time of the budget review dates (as shown above). Increases in assessments may be required as a measure to provide adequate funds to compensate for potential utility rate increases. Purchasers should be aware of the possible affect these increases may have on their assessments. Always included. Assessments Increases/Decreases: The Association may increase or decrease assessments at any time in accordance with the procedure prescribed in the CC&Rs or Bylaws. In considering the advisability of a decrease (or a smaller increase) in assessments, care should be taken not to eliminate amounts attributable to reserves for replacement or major maintenance. lots Commencement of Assessments: Regular assessments for the Association will commence on all in this phase, in the phases covered by this Public Report, on the first day of condominium units, immediately following the conveyance of the first subdivision lot condominium unit the month in the phase. The Subdivider must pay assessments to the Association for all unsold lots in this phase (Regulations 2792.9 and 2792.16) . condominium units Failure to Pay: The remedies available to the Association against owners who are delinquent in the payment of assessments are set forth in the CC&Rs. These remedies are available against the Subdivider as well as against other owners. has posted a bond will post a bond has Subdivider’s Assessment Security: The Subdivider will deposit funds in escrow has made financial arrangements will deposited funds in escrow make financial arrangements as partial security for the obligation to pay these assessments. The governing body of the Association should assure itself that the Subdivider has satisfied these obligations to the Association with respect to the payment of assessments before agreeing to a release or exoneration of the security. Describe subsidy program — see Section 2792.10 of Regulations. Subsidy: The Subdivider has entered into an agreement with the Association to temporarily subsidize a portion of your monthly assessment. __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ American LegalNet, Inc. www.FormsWorkFlow.com __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ USES/ZONING/HAZARD DISCLOSURES Always included. The Subdivider has set forth below references to various uses, zoning, hazards and other matters based on information from a variety of sources. You should independently verify the information regarding these matters, as well as all other matters, that may be of concern to you regarding the subdivision and all existing, proposed or possible future uses adjacent to or in the vicinity of the subdivision. At the time this public report was issued, some of the land uses that surround the subdivision include, but are not limited to, the following: Zoning North East South West _____________________________________ _____________________________________ _____________________________________ _____________________________________ Uses Mention if different from the offering, i.e., commercial adjacent to residential, etc. __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Hazards Mention only actual hazards, otherwise list under Uses and Zoning or not at all. The following hazard(s) exist(s) within or near this development: __________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Include as applicable. 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. American LegalNet, Inc. www.FormsWorkFlow.com 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. 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. 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 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. 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. 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. Use if property is within an “airport influence area” also known as an “airport referral area,” as determined by an airport land use commission. 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. Civil Code Section 1353 provides an "airport influence area", also known as an ‘"airport referral area", is the area in which current or future airport-related noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses as determined by an airport land use commission. Use as applicable. American LegalNet, Inc. www.FormsWorkFlow.com 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. Always include If any disclosure, or any material amendment to any disclosure, required pursuant to 1103 et seq 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. Always include if this subdivision is included in one or more natural hazard areas or not yet mapped If your lot condominium unit is located within one or more Statutory Natural Hazard Areas, your ability to further develop the real property, to obtain insurance, or to receive assistance after a disaster may be affected. You should therefore contact your lender and insurance carrier for more information regarding types of insurance and costs to cover your property. Additionally, since purchasers are not required to receive a separate disclosure for property owned by the Association, you should also contact the Association regarding any assessment increases due to additional insurance costs associated with the Statutory Natural Hazard Areas which may affect the Association maintained areas, if any. Use the following if Subdivider indicates that naturally occurring asbestos may be found in or near the subdivision: Naturally Occurring Asbestos: The Subdivider has advised that natural occurrences of asbestos-containing rock may be found in or near this community. Naturally occurring asbestos may pose a health hazard to those exposed to ambient asbestos fibers. Such fibers may be found in serpentine rock used as a surface material for unpaved roads. The California Air Resources Board has advised that asbestos emissions can occur when asbestos-containing rocks are crushed or broken, such as occurs when vehicles pass over unpaved roads or parking lots, or during construction activities. General information on emissions and health impacts from naturally occurring asbestos can be obtained from the Air Resources Board Web site at www.arb.ca.gov/toxics/asbestos. To obtain specific information on your lot, you may wish to contact the Subdivider or consult with an appropriate expert who can identify and test any exposed asbestos-containing rock that may either exist on the property or within its vicinity to determine whether it will present a health risk. Use the following if Subdivider does not provide evidence that geologic testing results concluded that NO naturally occurring asbestos containing materials may be found in or near the subdivision and the subdivision is included on El Dorado County map: Naturally Occurring Asbestos: This community is in an area included on a map titled "Areas More Likely to Contain Natural Occurrences of Asbestos in Western El Dorado County, California," released by the California Department of Conservation, Division of Mines and Geology, dated March 2000. You may obtain more information regarding the map and accompanying report by contacting the Department of Conservation, State American LegalNet, Inc. www.FormsWorkFlow.com Mining & Geology Board, 801 K Street, Room 1400, Sacramento, California, 95814, (916) 322-1082, or their web site at www.consrv.ca.gov. Naturally occurring asbestos may pose a health hazard to those exposed to ambient asbestos fibers. Such fibers may be found in serpentine rock used as a surface material for unpaved roads. The California Air Resources Board has advised that asbestos emissions can occur when asbestos-containing rocks are crushed or broken, such as occurs when vehicles pass over unpaved roads or parking lots, or during construction activities. General information on emissions and health impacts from naturally occurring asbestos can be obtained from the Air Resources Board Web site at www.arb.ca.gov/toxics/asbestos.htm. For specific information, you should consult with an appropriate expert who can identify and test any exposed asbestos-containing rock that may either exist on the property or within its vicinity to determine whether it will present a health risk. Use only if within 10 miles from subdivision. Nuclear Power Plant: THE COMMUNITY IS LOCATED WITHIN _____________ MILES OF THE (nuclear power plant) __________________________________________________________________________________________ . It is within the basic emergency planning zone, the area surrounding each of California’s nuclear power plants, in which both State and Federal governments require planning to protect the public in the unlikely event of a serious accident at the plant. Plans for public information and for a full range of protective actions, including evacuation, have been developed by local emergency services offices. Use only if residential structures built prior to 1978 and not housing designated for the elderly. Lead-Based Paint: 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 purchasers 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 purchasers an opportunity to conduct a risk assessment for lead-based paint and lead-based hazards prior to being obligated under a purchase contracts. This risk assessment may be waived by written agreement between purchaser and seller. For more information, you should contact the local office of the Environmental Protection Agency. Use only if within one mile of a farm or ranch land designated on the county-level GIS “Important Farmland Map.” 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 are not limited to, noise, odors, dust, light, 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 at any time during the 24-hour day. 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. Always included. American LegalNet, Inc. www.FormsWorkFlow.com PURCHASERS SHOULD FAMILIARIZE THEMSELVES WITH THE SURROUNDING AREAS OF THE SUBDIVISION BEFORE SIGNING A PURCHASE AGREEMENT/CONTRACT. TITLE No mention unless title is vested in someone other than applicant or in several applicants. Ownership: A preliminary report shows title to said estate or interest, as of the date of this Public Report, to be vested in _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ Always included. Preliminary Report. A preliminary report will be issued by the title insurer to reflect those items that affect the condition of title. You are encouraged to request a copy of this preliminary report for review of those items that affect the lot condominium unit you are purchasing. Those items typically shown on a report include, but are not limited to, general and special taxes, easements, mechanic liens, monetary encumbrances, trust deeds, utilities, rights of way and CC&Rs. In most instances, copies of documents can be provided to you upon request. include if need to cite special issues on title Additionally the preliminary report shows title, among other things, to be subject to: (e.g., restrictions or use not set forth under restrictions). __________________________________________________________________________________________ __________________________________________________________________________________________ Always included Easements: Easements for rights-of-way, utilities, building setbacks, recorded sewers, _________________________, and other purposes recorded ________________ Book __________ of Maps, Condominium Plan to be recorded _____________________ (date) mail delivery, anchor rights, ________________________, _______________________, planting, drainage, flood control, _________________________________, _________________________, are shown on the title report and Subdivision Map to be in the Office of the __________________________ County Recorder, of Parcel Maps, recorded Pages __________ through __________, and as Instrument Number ____________________ on Book _________ __________ Pages __________ through __________ Instrument Number ___________________________ . Reference unusual easements, especially if confiscatory. American LegalNet, Inc. www.FormsWorkFlow.com __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Amendments to the original condominium plan may also be recorded. You may ask the Subdivider about such changes. If you purchase a condominium unit, this information will be included in your title policy. Adjustments to the original subdivision map(s) may also be recorded. You may ask the Subdivider about such changes. If you purchase a lot subject to said adjustment, this information will be included in your title policy. __________________________________________________________________________________________ Mineral Rights: If mineral rights are reserved, briefly state conditions of the reservation. You will not own the water, mineral, oil, and gas These have been or will be reserved as depth of __________ feet. rights under your land per your grant deed below a follows: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ The right to surface entry has been waived. Use only in vacant lot offerings. The right to surface entry has not been waived, and the owners of the mineral rights may enter upon the land at some future date to extract minerals, etc. This right could affect your ability to obtain financing for building on the property. Use if improved with residential structures and there is a right to surface entry. YOU WILL NOT OWN THE MINERAL, OIL AND GAS RIGHTS UNDER YOUR LAND. THE RIGHT TO SURFACE ENTRY TO EXTRACT MINERALS HAS NOT BEEN WAIVED BY THE OWNER OF THESE RIGHTS. UNLESS OTHERWISE RESTRICTED, THE OWNER OF MINERAL, OIL AND GAS RIGHTS IS ENTITLED TO ENTER YOUR LAND TO PENETRATE THE SURFACE TO EXTRACT SUBSURFACE MINERALS. BECAUSE OF THE LOCATION OF THE SUBDIVISION, LOCAL ZONING OR OTHER LAWS OR REGULATIONS MAY PROHIBIT THE OWNER FROM DOING THIS. FOR FURTHER PARTICULARS, YOU SHOULD CONTACT THE BUILDING DEPARTMENT OF THE CITY OR COUNTY IN WHICH YOUR PROPERTY IS LOCATED. WHEN YOU PURCHASE, YOU CAN REQUEST A “HOMEOWNERS ENDORSEMENT” TO YOUR POLICY OF TITLE INSURANCE WHICH WILL INSURE AGAINST LOSS UP TO THE AMOUNT OF THE POLICY, FOR DAMAGE TO ANY OWNER-OCCUPIED RESIDENTIAL STRUCTURE THEN ON THE LAND, WHICH DAMAGE RESULTS FROM THE EXERCISE OF SURFACE ENTRY RIGHTS. TAXES Always included. Regular Taxes: The maximum amount of any tax on real property that can be collected annually by counties is 1% of the full cash value of the property. With the addition of interest and redemption charges on any indebtedness, approved by voters prior to July 1, 1978, the total American LegalNet, Inc. www.FormsWorkFlow.com property tax rate in most counties is approximately 1.25% of the full cash value. In some counties, the total tax rate could be well above 1.25% of the full cash value. For example, an issue of general obligation bonds previously approved by the voters and sold by a county water district, a sanitation district or other such district could increase the tax rate. Fill in only if the total tax rate is above 1.25%. The total property tax rate for the subdivision is _______________% for tax year _____________. Always included. For the purchaser of a lot or unit in this subdivision, the full cash value of the lot unit will be the lot valuation, as reflected on the tax roll, determined by the county assessor as of the date of purchase of the unit or as of the date of completion of an improvement on the lot if that occurs after the date of purchase. Always included. Notice of Your ‘Supplemental’ Property Tax Bill California property tax law requires the Assessor to revalue real property at the time the ownership of the property changes. Because of this law, you may receive one or two supplemental tax bills, depending on when your loan closes. The supplemental tax bills are not mailed to your lender. If you have arranged for your property tax payments to be paid through an impound account, the supplemental tax bills will not be paid by your lender. It is your responsibility to pay these supplemental bills directly to the Tax Collector. If you have any questions concerning this matter, please call your local Tax Collector’s Office. Special Taxes & Assessments: Use if within a Special District or Special Assessment District. This subdivision lies within the boundaries of the __________________________________________ taxes, assessments and obligations thereof. ___________ District and is subject to any Use for Landscape Lighting Districts or County Service Areas. This subdivision lies within the boundaries of the ______________________________________________ (CSA or LLD District Name) No. ____________ and is subject to any taxes, assessments and obligations thereof. This district was formed to provide _________________________________________________________________ __________________________________________________________________________________ (services). The District budget for each fiscal year will be based upon the actual costs provided for in the awarded contract for these services. This means assessments can fluctuate from year to year as contracts expire. As of the date of this Public Report, it is anticipated the projected _____ – _____ (year range) assessment for each residential unit within this development will be $_______________ the _____ – _____ (year range) assessments is $___________. The administration of this district will be provided by American LegalNet, Inc. www.FormsWorkFlow.com ____________________________________________________________________________________ ___________________________________________________________________________________. Use for Community Facilities Districts. This subdivision lies within the ________________________________________________ Community Facilities District No. _______________ and ______________________________________ and is subject to any taxes, assessments and obligations thereof. The Subdivider must provide purchasers with a disclosure disclosures entitled, “Notice of Special Tax” prior to a purchaser entering into a contract to This Notice contains These Notices contain important information about district functions, purchase. district, districts, and information on how to contact the purchaser's obligations, right of the districts for additional materials. Purchasers should thoroughly understand the information district Notice Notices prior to entering into a contract to purchase. This special tax contained in the These special taxes appear on the yearly property tax bill, and is are in addition to the appears tax rate affecting the property described above in the section entitled “TAXES.” this Notice these Notices by deposit in the mail, or three The buyer has five days after delivery of days after delivery of any notice in person, to terminate the purchase agreement/contract by giving written notice of that termination to the owner, Subdivider, or agent selling the property. FINANCING Any special conditions should be noted. Use if Subdivider will offer financing. Pursuant to Civil Code Sections 2956 through 2967, inclusive, Subdivider and purchasers must make certain written disclosures regarding financing terms and related information. The Subdivider will advise purchasers of disclosures needed from them, if any. Always included. If your purchase involves financing, a form of deed of trust and note will be used. The provisions of theses documents may vary depending upon the lender selected. These documents may contain the following provisions: Acceleration Clause: This is a clause in a mortgage or deed of trust which provided that if the borrower (trustor) defaults in repaying the loan, the lender may declare the unpaid balance of the loan immediately due and payable. Due-on-Sale Clause: If the loan instrument for financing your purchase of an interest in this subdivision includes a due-on-sale clause, the clause will be automatically enforceable by the lender when you sell the property. This means that the loan will not be assumable by a purchaser without the approval of the lender. If the lender does not declare the loan to be all due and payable on transfer of the property by you, the lender is nevertheless likely to insist upon modification of the terms of the instrument as a condition to permitting assu